Bill Amendment: IL SB2872 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PROB OFFICER-TRAINING
Status: 2017-01-13 - Sent to the Governor [SB2872 Detail]
Download: Illinois-2015-SB2872-House_Amendment_002.html
Bill Title: PROB OFFICER-TRAINING
Status: 2017-01-13 - Sent to the Governor [SB2872 Detail]
Download: Illinois-2015-SB2872-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2872
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2 | AMENDMENT NO. ______. Amend Senate Bill 2872 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Criminal Justice Information Act | ||||||
5 | is amended by changing Section 7 as follows:
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6 | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
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7 | Sec. 7. Powers and Duties. The Authority shall have the | ||||||
8 | following
powers, duties and responsibilities:
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9 | (a) To develop and operate comprehensive information | ||||||
10 | systems for the
improvement and coordination of all aspects | ||||||
11 | of law enforcement, prosecution
and corrections;
| ||||||
12 | (b) To define, develop, evaluate and correlate State | ||||||
13 | and local programs
and projects associated with the | ||||||
14 | improvement of law enforcement and the
administration of | ||||||
15 | criminal justice;
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16 | (c) To act as a central repository and clearing house |
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1 | for federal, state
and local research studies, plans, | ||||||
2 | projects, proposals and other information
relating to all | ||||||
3 | aspects of criminal justice system improvement and to | ||||||
4 | encourage
educational programs for citizen support of | ||||||
5 | State and local efforts to make
such improvements;
| ||||||
6 | (d) To undertake research studies to aid in | ||||||
7 | accomplishing its purposes;
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8 | (e) To monitor the operation of existing criminal | ||||||
9 | justice information
systems in order to protect the | ||||||
10 | constitutional rights and privacy of
individuals about | ||||||
11 | whom criminal history record information has been | ||||||
12 | collected;
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13 | (f) To provide an effective administrative forum for | ||||||
14 | the protection of
the rights of individuals concerning | ||||||
15 | criminal history record information;
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16 | (g) To issue regulations, guidelines and procedures | ||||||
17 | which ensure the privacy
and security of criminal history | ||||||
18 | record information
consistent with State and federal laws;
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19 | (h) To act as the sole administrative appeal body in | ||||||
20 | the State of
Illinois to conduct hearings and make final | ||||||
21 | determinations concerning
individual challenges to the | ||||||
22 | completeness and accuracy of criminal
history record | ||||||
23 | information;
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24 | (i) To act as the sole, official, criminal justice body | ||||||
25 | in the State of
Illinois to conduct annual and periodic | ||||||
26 | audits of the procedures, policies,
and practices of the |
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1 | State central repositories for criminal history
record | ||||||
2 | information to verify compliance with federal and state | ||||||
3 | laws and
regulations governing such information;
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4 | (j) To advise the Authority's Statistical Analysis | ||||||
5 | Center;
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6 | (k) To apply for, receive, establish priorities for, | ||||||
7 | allocate, disburse
and spend grants of funds that are made | ||||||
8 | available by and received on or
after January 1, 1983 from | ||||||
9 | private sources or from the United States pursuant
to the | ||||||
10 | federal Crime Control Act of 1973, as amended, and similar | ||||||
11 | federal
legislation, and to enter into agreements with the | ||||||
12 | United States government
to further the purposes of this | ||||||
13 | Act, or as may be required as a condition
of obtaining | ||||||
14 | federal funds;
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15 | (l) To receive, expend and account for such funds of | ||||||
16 | the State of Illinois
as may be made available to further | ||||||
17 | the purposes of this Act;
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18 | (m) To enter into contracts and to cooperate with units | ||||||
19 | of general local
government or combinations of such units, | ||||||
20 | State agencies, and criminal justice
system agencies of | ||||||
21 | other states for the purpose of carrying out the duties
of | ||||||
22 | the Authority imposed by this Act or by the federal Crime | ||||||
23 | Control Act
of 1973, as amended;
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24 | (n) To enter into contracts and cooperate with units of | ||||||
25 | general local
government outside of Illinois, other | ||||||
26 | states' agencies, and private
organizations outside of |
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1 | Illinois to provide computer software or design
that has | ||||||
2 | been developed for the Illinois criminal justice system, or | ||||||
3 | to
participate in the cooperative development or design of | ||||||
4 | new software or
systems to be used by the Illinois criminal | ||||||
5 | justice system. Revenues
received as a result of such | ||||||
6 | arrangements shall be deposited in the
Criminal Justice | ||||||
7 | Information Systems Trust Fund ; .
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8 | (o) To establish general policies concerning criminal | ||||||
9 | justice information
systems and to promulgate such rules, | ||||||
10 | regulations and procedures as are
necessary to the | ||||||
11 | operation of the Authority and to the uniform consideration
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12 | of appeals and audits;
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13 | (p) To advise and to make recommendations to the | ||||||
14 | Governor and the General
Assembly on policies relating to | ||||||
15 | criminal justice information systems;
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16 | (q) To direct all other agencies under the jurisdiction | ||||||
17 | of the Governor
to provide whatever assistance and | ||||||
18 | information the Authority may lawfully
require to carry out | ||||||
19 | its functions;
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20 | (r) To exercise any other powers that are reasonable | ||||||
21 | and necessary to
fulfill the responsibilities of the | ||||||
22 | Authority under this Act and to comply
with the | ||||||
23 | requirements of applicable federal law or regulation;
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24 | (s) To exercise the rights, powers and duties which | ||||||
25 | have been vested
in the Authority by the "Illinois Uniform | ||||||
26 | Conviction Information Act",
enacted by the 85th General |
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1 | Assembly, as hereafter amended;
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2 | (t) To exercise the rights, powers and duties which | ||||||
3 | have been vested
in the Authority by the Illinois Motor | ||||||
4 | Vehicle Theft Prevention Act;
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5 | (u) To exercise the rights, powers, and duties vested | ||||||
6 | in the Authority by the Illinois Public Safety Agency | ||||||
7 | Network Act; and | ||||||
8 | (v) To provide technical assistance in the form of | ||||||
9 | training to local governmental entities within Illinois | ||||||
10 | requesting such assistance for the purposes of procuring | ||||||
11 | grants for gang intervention and gang prevention programs | ||||||
12 | or other criminal justice programs from the United States | ||||||
13 | Department of Justice ; and . | ||||||
14 | (w) To conduct strategic planning and provide | ||||||
15 | technical assistance to implement comprehensive trauma | ||||||
16 | recovery services for violent crime victims in underserved | ||||||
17 | communities with high-levels of violent crime, with the | ||||||
18 | goal of providing a safe, community-based, culturally | ||||||
19 | competent environment in which to access services | ||||||
20 | necessary to facilitate recovery from the effects of | ||||||
21 | chronic and repeat exposure to trauma. Services may | ||||||
22 | include, but are not limited to, behavioral health | ||||||
23 | treatment, financial recovery, family support and | ||||||
24 | relocation assistance, and support in navigating the legal | ||||||
25 | system. | ||||||
26 | The requirement for reporting to the General Assembly shall |
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1 | be satisfied
by filing copies of the report with the Speaker, | ||||||
2 | the Minority Leader and
the Clerk of the House of | ||||||
3 | Representatives and the President, the Minority
Leader and the | ||||||
4 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
5 | required by Section 3.1 of "An Act to revise the law in | ||||||
6 | relation
to the General Assembly", approved February 25, 1874, | ||||||
7 | as amended, and
filing such additional copies with the State | ||||||
8 | Government Report Distribution
Center for the General Assembly | ||||||
9 | as is required under paragraph (t) of
Section 7 of the State | ||||||
10 | Library Act.
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11 | (Source: P.A. 97-435, eff. 1-1-12.)
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12 | Section 10. The Unified Code of Corrections is amended by | ||||||
13 | changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
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14 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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15 | Sec. 3-6-3. Rules and regulations for sentence credit.
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16 | (a)(1) The Department of Corrections shall prescribe rules
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17 | and regulations for awarding and revoking sentence credit for | ||||||
18 | persons committed to the Department which shall
be subject to | ||||||
19 | review by the Prisoner Review Board.
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20 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
21 | awarded for the following: | ||||||
22 | (A) successful completion of programming while in | ||||||
23 | custody of the Department or while in custody prior to | ||||||
24 | sentencing; |
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1 | (B) compliance with the rules and regulations of the | ||||||
2 | Department; or | ||||||
3 | (C) service to the institution, service to a community, | ||||||
4 | or service to the State. | ||||||
5 | (2) The rules and regulations on sentence credit shall | ||||||
6 | provide, with
respect to offenses listed in clause (i), (ii), | ||||||
7 | or (iii) of this paragraph (2) committed on or after June 19, | ||||||
8 | 1998 or with respect to the offense listed in clause (iv) of | ||||||
9 | this paragraph (2) committed on or after June 23, 2005 (the | ||||||
10 | effective date of Public Act 94-71) or with
respect to offense | ||||||
11 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
12 | effective date of Public Act 95-625)
or with respect to the | ||||||
13 | offense of being an armed habitual criminal committed on or | ||||||
14 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
15 | or with respect to the offenses listed in clause (v) of this | ||||||
16 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
17 | effective date of Public Act 95-134) or with respect to the | ||||||
18 | offense of aggravated domestic battery committed on or after | ||||||
19 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
20 | with respect to the offense of attempt to commit terrorism | ||||||
21 | committed on or after January 1, 2013 (the effective date of | ||||||
22 | Public Act 97-990), the following:
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23 | (i) that a prisoner who is serving a term of | ||||||
24 | imprisonment for first
degree murder or for the offense of | ||||||
25 | terrorism shall receive no sentence
credit and shall serve | ||||||
26 | the entire
sentence imposed by the court;
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1 | (ii) that a prisoner serving a sentence for attempt to | ||||||
2 | commit terrorism, attempt to commit first
degree murder, | ||||||
3 | solicitation of murder, solicitation of murder for hire,
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4 | intentional homicide of an unborn child, predatory | ||||||
5 | criminal sexual assault of a
child, aggravated criminal | ||||||
6 | sexual assault, criminal sexual assault, aggravated
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7 | kidnapping, aggravated battery with a firearm as described | ||||||
8 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
9 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
10 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
11 | being an armed habitual criminal, aggravated
battery of a | ||||||
12 | senior citizen as described in Section 12-4.6 or | ||||||
13 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
14 | battery of a child as described in Section 12-4.3 or | ||||||
15 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
16 | than 4.5 days of sentence credit for each month of his or | ||||||
17 | her sentence
of imprisonment;
| ||||||
18 | (iii) that a prisoner serving a sentence
for home | ||||||
19 | invasion, armed robbery, aggravated vehicular hijacking,
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20 | aggravated discharge of a firearm, or armed violence with a | ||||||
21 | category I weapon
or category II weapon, when the court
has | ||||||
22 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
23 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
24 | conviction for the enumerated offense
resulted in great | ||||||
25 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
26 | days
of sentence credit for each month of his or her |
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1 | sentence of imprisonment;
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2 | (iv) that a prisoner serving a sentence for aggravated | ||||||
3 | discharge of a firearm, whether or not the conduct leading | ||||||
4 | to conviction for the offense resulted in great bodily harm | ||||||
5 | to the victim, shall receive no more than 4.5 days of | ||||||
6 | sentence credit for each month of his or her sentence of | ||||||
7 | imprisonment;
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8 | (v) that a person serving a sentence for gunrunning, | ||||||
9 | narcotics racketeering, controlled substance trafficking, | ||||||
10 | methamphetamine trafficking, drug-induced homicide, | ||||||
11 | aggravated methamphetamine-related child endangerment, | ||||||
12 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
13 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, or a Class X felony conviction for delivery | ||||||
15 | of a controlled substance, possession of a controlled | ||||||
16 | substance with intent to manufacture or deliver, | ||||||
17 | calculated criminal drug conspiracy, criminal drug | ||||||
18 | conspiracy, street gang criminal drug conspiracy, | ||||||
19 | participation in methamphetamine manufacturing, aggravated | ||||||
20 | participation in methamphetamine manufacturing, delivery | ||||||
21 | of methamphetamine, possession with intent to deliver | ||||||
22 | methamphetamine, aggravated delivery of methamphetamine, | ||||||
23 | aggravated possession with intent to deliver | ||||||
24 | methamphetamine, methamphetamine conspiracy when the | ||||||
25 | substance containing the controlled substance or | ||||||
26 | methamphetamine is 100 grams or more shall receive no more |
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1 | than 7.5 days sentence credit for each month of his or her | ||||||
2 | sentence of imprisonment;
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3 | (vi)
that a prisoner serving a sentence for a second or | ||||||
4 | subsequent offense of luring a minor shall receive no more | ||||||
5 | than 4.5 days of sentence credit for each month of his or | ||||||
6 | her sentence of imprisonment; and
| ||||||
7 | (vii) that a prisoner serving a sentence for aggravated | ||||||
8 | domestic battery shall receive no more than 4.5 days of | ||||||
9 | sentence credit for each month of his or her sentence of | ||||||
10 | imprisonment. | ||||||
11 | (2.1) For all offenses, other than those enumerated in | ||||||
12 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
13 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
14 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
15 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
16 | (the effective date of Public Act 95-134)
or subdivision | ||||||
17 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
18 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
19 | on or after July 23, 2010 (the effective date of Public Act | ||||||
20 | 96-1224), and other than the offense of aggravated driving | ||||||
21 | under the influence of alcohol, other drug or drugs, or
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22 | intoxicating compound or compounds, or any combination thereof | ||||||
23 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
24 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
25 | than the offense of aggravated driving under the influence of | ||||||
26 | alcohol,
other drug or drugs, or intoxicating compound or |
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1 | compounds, or any combination
thereof as defined in | ||||||
2 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
3 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
4 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
5 | rules and regulations shall
provide that a prisoner who is | ||||||
6 | serving a term of
imprisonment shall receive one day of | ||||||
7 | sentence credit for each day of
his or her sentence of | ||||||
8 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
9 | sentence credit shall reduce by one day the prisoner's period
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10 | of imprisonment or recommitment under Section 3-3-9.
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11 | (2.2) A prisoner serving a term of natural life | ||||||
12 | imprisonment or a
prisoner who has been sentenced to death | ||||||
13 | shall receive no sentence
credit.
| ||||||
14 | (2.3) The rules and regulations on sentence credit shall | ||||||
15 | provide that
a prisoner who is serving a sentence for | ||||||
16 | aggravated driving under the influence of alcohol,
other drug | ||||||
17 | or drugs, or intoxicating compound or compounds, or any | ||||||
18 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
19 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
20 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
21 | for each month of his or her sentence of
imprisonment.
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22 | (2.4) The rules and regulations on sentence credit shall | ||||||
23 | provide with
respect to the offenses of aggravated battery with | ||||||
24 | a machine gun or a firearm
equipped with any device or | ||||||
25 | attachment designed or used for silencing the
report of a | ||||||
26 | firearm or aggravated discharge of a machine gun or a firearm
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1 | equipped with any device or attachment designed or used for | ||||||
2 | silencing the
report of a firearm, committed on or after
July | ||||||
3 | 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
4 | prisoner serving a sentence for any of these offenses shall | ||||||
5 | receive no
more than 4.5 days of sentence credit for each month | ||||||
6 | of his or her sentence
of imprisonment.
| ||||||
7 | (2.5) The rules and regulations on sentence credit shall | ||||||
8 | provide that a
prisoner who is serving a sentence for | ||||||
9 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
10 | effective date of Public Act 92-176) shall receive no more than
| ||||||
11 | 4.5 days of sentence credit for each month of his or her | ||||||
12 | sentence of
imprisonment.
| ||||||
13 | (2.6) The rules and regulations on sentence credit shall | ||||||
14 | provide that a
prisoner who is serving a sentence for | ||||||
15 | aggravated driving under the influence of alcohol,
other drug | ||||||
16 | or drugs, or intoxicating compound or compounds or any | ||||||
17 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
18 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
19 | Code committed on or after January 1, 2011 (the effective date | ||||||
20 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
21 | sentence credit for each month of his or her sentence of
| ||||||
22 | imprisonment. | ||||||
23 | (3) The rules and regulations shall also provide that
the | ||||||
24 | Director may award up to 180 days of earned additional sentence
| ||||||
25 | credit for good conduct in specific instances as the
Director | ||||||
26 | deems proper. The good conduct may include, but is not limited |
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1 | to, compliance with the rules and regulations of the | ||||||
2 | Department, service to the Department, service to a community, | ||||||
3 | or service to the State. However, the Director shall not award | ||||||
4 | more than 90 days
of sentence credit for good conduct to any | ||||||
5 | prisoner who is serving a sentence for
conviction of first | ||||||
6 | degree murder, reckless homicide while under the
influence of | ||||||
7 | alcohol or any other drug,
or aggravated driving under the | ||||||
8 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
9 | compound or compounds, or any combination thereof as defined in
| ||||||
10 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
11 | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | ||||||
12 | kidnapping,
predatory criminal sexual assault of a child,
| ||||||
13 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
14 | deviate sexual
assault, aggravated criminal sexual abuse, | ||||||
15 | aggravated indecent liberties
with a child, indecent liberties | ||||||
16 | with a child, child pornography, heinous
battery as described | ||||||
17 | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
18 | aggravated battery of a spouse, aggravated battery of a spouse
| ||||||
19 | with a firearm, stalking, aggravated stalking, aggravated | ||||||
20 | battery of a child as described in Section 12-4.3 or | ||||||
21 | subdivision (b)(1) of Section 12-3.05,
endangering the life or | ||||||
22 | health of a child, or cruelty to a child. Notwithstanding the | ||||||
23 | foregoing, sentence credit for
good conduct shall not be | ||||||
24 | awarded on a
sentence of imprisonment imposed for conviction | ||||||
25 | of: (i) one of the offenses
enumerated in subdivision | ||||||
26 | (a)(2)(i), (ii), or (iii) when the offense is committed on or |
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| |||||||
1 | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | ||||||
2 | is committed on or after June 23, 2005 (the effective date of | ||||||
3 | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | ||||||
4 | committed on or after August 13, 2007 (the effective date of | ||||||
5 | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | ||||||
6 | is committed on or after June 1, 2008 (the effective date of | ||||||
7 | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | ||||||
8 | is committed on or after July 23, 2010 (the effective date of | ||||||
9 | Public Act 96-1224), (ii) aggravated driving under the | ||||||
10 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
11 | compound or compounds, or any combination thereof as defined in
| ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
13 | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | ||||||
14 | enumerated in subdivision
(a)(2.4) when the offense is | ||||||
15 | committed on or after
July 15, 1999 (the effective date of | ||||||
16 | Public Act 91-121),
(iv) aggravated arson when the offense is | ||||||
17 | committed
on or after July 27, 2001 (the effective date of | ||||||
18 | Public Act 92-176), (v) offenses that may subject the offender | ||||||
19 | to commitment under the Sexually Violent Persons Commitment | ||||||
20 | Act, or (vi) aggravated driving under the influence of alcohol,
| ||||||
21 | other drug or drugs, or intoxicating compound or compounds or | ||||||
22 | any combination
thereof as defined in subparagraph (C) of | ||||||
23 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
24 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
25 | (the effective date of Public Act 96-1230).
| ||||||
26 | Eligible inmates for an award of earned sentence credit |
| |||||||
| |||||||
1 | under
this paragraph (3) may be selected to receive the credit | ||||||
2 | at
the Director's or his or her designee's sole discretion.
| ||||||
3 | Eligibility for the additional earned sentence credit under | ||||||
4 | this paragraph (3) shall be based on, but is not limited to, | ||||||
5 | the results of any available risk/needs assessment or other | ||||||
6 | relevant assessments or evaluations administered by the | ||||||
7 | Department using a validated instrument, the circumstances of | ||||||
8 | the crime, any history of conviction for a forcible felony | ||||||
9 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
10 | inmate's behavior and disciplinary history while incarcerated, | ||||||
11 | and the inmate's commitment to rehabilitation, including | ||||||
12 | participation in programming offered by the Department. | ||||||
13 | Consideration may be based on, but not limited to, any
| ||||||
14 | available risk assessment analysis on the inmate, any history | ||||||
15 | of conviction for violent crimes as defined by the Rights of | ||||||
16 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
17 | inmate's holding offense or offenses, and the potential for | ||||||
18 | rehabilitation. | ||||||
19 | The Director shall not award sentence credit under this | ||||||
20 | paragraph (3) to an inmate unless the inmate has served a | ||||||
21 | minimum of 60 days of the sentence; except nothing in this | ||||||
22 | paragraph shall be construed to permit the Director to extend | ||||||
23 | an inmate's sentence beyond that which was imposed by the | ||||||
24 | court. Prior to awarding credit under this paragraph (3), the | ||||||
25 | Director shall make a written determination that the inmate: | ||||||
26 | (A) is eligible for the earned sentence credit; |
| |||||||
| |||||||
1 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
2 | days as the sentence will allow; and | ||||||
3 | (B-1) has received a risk/needs assessment or other | ||||||
4 | relevant evaluation or assessment administered by the | ||||||
5 | Department using a validated instrument; and | ||||||
6 | (C) has met the eligibility criteria established under | ||||||
7 | paragraph (4) of this subsection (a) and by rule for earned | ||||||
8 | sentence credit . | ||||||
9 | The Director shall determine the form and content of the | ||||||
10 | written determination required in this subsection. | ||||||
11 | (3.5) The Department shall provide annual written reports | ||||||
12 | to the Governor and the General Assembly on the award of earned | ||||||
13 | sentence credit no later than February 1 of each year for good | ||||||
14 | conduct, with the first report due January 1, 2014 . The | ||||||
15 | Department must publish both reports on its website within 48 | ||||||
16 | hours of transmitting the reports to the Governor and the | ||||||
17 | General Assembly. The reports must include: | ||||||
18 | (A) the number of inmates awarded earned sentence | ||||||
19 | credit for good conduct ; | ||||||
20 | (B) the average amount of earned sentence credit for | ||||||
21 | good conduct awarded; | ||||||
22 | (C) the holding offenses of inmates awarded earned | ||||||
23 | sentence credit for good conduct ; and | ||||||
24 | (D) the number of earned sentence credit for good | ||||||
25 | conduct revocations. | ||||||
26 | (4) The rules and regulations shall also provide that the |
| |||||||
| |||||||
1 | sentence
credit accumulated and retained under paragraph (2.1) | ||||||
2 | of subsection (a) of
this Section by any inmate during specific | ||||||
3 | periods of time in which such
inmate is engaged full-time in | ||||||
4 | substance abuse programs, correctional
industry assignments, | ||||||
5 | educational programs, behavior modification programs, life | ||||||
6 | skills courses, or re-entry planning provided by the Department
| ||||||
7 | under this paragraph (4) and satisfactorily completes the | ||||||
8 | assigned program as
determined by the standards of the | ||||||
9 | Department, shall be multiplied by a factor
of 1.25 for program | ||||||
10 | participation before August 11, 1993
and 1.50 for program | ||||||
11 | participation on or after that date.
The rules and regulations | ||||||
12 | shall also provide that sentence credit, subject to the same | ||||||
13 | offense limits and multiplier provided in this paragraph, may | ||||||
14 | be provided to an inmate who was held in pre-trial detention | ||||||
15 | prior to his or her current commitment to the Department of | ||||||
16 | Corrections and successfully completed a full-time, 60-day or | ||||||
17 | longer substance abuse program, educational program, behavior | ||||||
18 | modification program, life skills course, or re-entry planning | ||||||
19 | provided by the county department of corrections or county | ||||||
20 | jail. Calculation of this county program credit shall be done | ||||||
21 | at sentencing as provided in Section 5-4.5-100 of this Code and | ||||||
22 | shall be included in the sentencing order. However, no inmate | ||||||
23 | shall be eligible for the additional sentence credit
under this | ||||||
24 | paragraph (4) or (4.1) of this subsection (a) while assigned to | ||||||
25 | a boot camp
or electronic detention, or if convicted of an | ||||||
26 | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of |
| |||||||
| |||||||
1 | this Section that is committed on or after June 19,
1998 or | ||||||
2 | subdivision (a)(2)(iv) of this Section that is committed on or | ||||||
3 | after June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
4 | subdivision (a)(2)(v) of this Section that is committed on or | ||||||
5 | after August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
6 | or subdivision (a)(2)(vi) when the offense is committed on or | ||||||
7 | after June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
8 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
9 | after July 23, 2010 (the effective date of Public Act 96-1224), | ||||||
10 | or if convicted of aggravated driving under the influence of | ||||||
11 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
12 | compounds or any combination thereof as defined in
subparagraph | ||||||
13 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
14 | Illinois Vehicle Code, or if convicted of aggravated driving | ||||||
15 | under the influence of alcohol,
other drug or drugs, or | ||||||
16 | intoxicating compound or compounds or any combination
thereof | ||||||
17 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
18 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
19 | or after January 1, 2011 (the effective date of Public Act | ||||||
20 | 96-1230), or if convicted of an offense enumerated in paragraph
| ||||||
21 | (a)(2.4) of this Section that is committed on or after
July 15, | ||||||
22 | 1999 (the effective date of Public Act 91-121),
or first degree | ||||||
23 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
24 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
25 | aggravated battery with a firearm as described in Section | ||||||
26 | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
| |||||||
| |||||||
1 | Section 12-3.05, or any predecessor or successor offenses
with | ||||||
2 | the same or substantially the same elements, or any inchoate | ||||||
3 | offenses
relating to the foregoing offenses. No inmate shall be | ||||||
4 | eligible for the
additional good conduct credit under this | ||||||
5 | paragraph (4) who (i) has previously
received increased good | ||||||
6 | conduct credit under this paragraph (4) and has
subsequently | ||||||
7 | been convicted of a
felony, or (ii) has previously served more | ||||||
8 | than one prior sentence of
imprisonment for a felony in an | ||||||
9 | adult correctional facility.
| ||||||
10 | Educational, vocational, substance abuse, behavior | ||||||
11 | modification programs, life skills courses, re-entry planning, | ||||||
12 | and correctional
industry programs under which sentence credit | ||||||
13 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
14 | of this subsection (a) shall be evaluated by the Department on | ||||||
15 | the basis of
documented standards. The Department shall report | ||||||
16 | the results of these
evaluations to the Governor and the | ||||||
17 | General Assembly by September 30th of each
year. The reports | ||||||
18 | shall include data relating to the recidivism rate among
| ||||||
19 | program participants.
| ||||||
20 | Availability of these programs shall be subject to the
| ||||||
21 | limits of fiscal resources appropriated by the General Assembly | ||||||
22 | for these
purposes. Eligible inmates who are denied immediate | ||||||
23 | admission shall be
placed on a waiting list under criteria | ||||||
24 | established by the Department.
The inability of any inmate to | ||||||
25 | become engaged in any such programs
by reason of insufficient | ||||||
26 | program resources or for any other reason
established under the |
| |||||||
| |||||||
1 | rules and regulations of the Department shall not be
deemed a | ||||||
2 | cause of action under which the Department or any employee or
| ||||||
3 | agent of the Department shall be liable for damages to the | ||||||
4 | inmate.
| ||||||
5 | (4.1) The rules and regulations shall also provide that an | ||||||
6 | additional 90 days of sentence credit shall be awarded to any | ||||||
7 | prisoner who passes high school equivalency testing while the | ||||||
8 | prisoner is committed to the Department of Corrections. The | ||||||
9 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
10 | addition to, and shall not affect, the award of sentence credit | ||||||
11 | under any other paragraph of this Section, but shall also be | ||||||
12 | pursuant to the guidelines and restrictions set forth in | ||||||
13 | paragraph (4) of subsection (a) of this Section.
The sentence | ||||||
14 | credit provided for in this paragraph shall be available only | ||||||
15 | to those prisoners who have not previously earned a high school | ||||||
16 | diploma or a high school equivalency certificate. If, after an | ||||||
17 | award of the high school equivalency testing sentence credit | ||||||
18 | has been made, the Department determines that the prisoner was | ||||||
19 | not eligible, then the award shall be revoked.
The Department | ||||||
20 | may also award 90 days of sentence credit to any committed | ||||||
21 | person who passed high school equivalency testing while he or | ||||||
22 | she was held in pre-trial detention prior to the current | ||||||
23 | commitment to the Department of Corrections. | ||||||
24 | (4.5) The rules and regulations on sentence credit shall | ||||||
25 | also provide that
when the court's sentencing order recommends | ||||||
26 | a prisoner for substance abuse treatment and the
crime was |
| |||||||
| |||||||
1 | committed on or after September 1, 2003 (the effective date of
| ||||||
2 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
3 | credit awarded under clause (3) of this subsection (a) unless | ||||||
4 | he or she participates in and
completes a substance abuse | ||||||
5 | treatment program. The Director may waive the requirement to | ||||||
6 | participate in or complete a substance abuse treatment program | ||||||
7 | and award the sentence credit in specific instances if the | ||||||
8 | prisoner is not a good candidate for a substance abuse | ||||||
9 | treatment program for medical, programming, or operational | ||||||
10 | reasons. Availability of
substance abuse treatment shall be | ||||||
11 | subject to the limits of fiscal resources
appropriated by the | ||||||
12 | General Assembly for these purposes. If treatment is not
| ||||||
13 | available and the requirement to participate and complete the | ||||||
14 | treatment has not been waived by the Director, the prisoner | ||||||
15 | shall be placed on a waiting list under criteria
established by | ||||||
16 | the Department. The Director may allow a prisoner placed on
a | ||||||
17 | waiting list to participate in and complete a substance abuse | ||||||
18 | education class or attend substance
abuse self-help meetings in | ||||||
19 | lieu of a substance abuse treatment program. A prisoner on a | ||||||
20 | waiting list who is not placed in a substance abuse program | ||||||
21 | prior to release may be eligible for a waiver and receive | ||||||
22 | sentence credit under clause (3) of this subsection (a) at the | ||||||
23 | discretion of the Director.
| ||||||
24 | (4.6) The rules and regulations on sentence credit shall | ||||||
25 | also provide that a prisoner who has been convicted of a sex | ||||||
26 | offense as defined in Section 2 of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act shall receive no sentence credit unless he or | ||||||
2 | she either has successfully completed or is participating in | ||||||
3 | sex offender treatment as defined by the Sex Offender | ||||||
4 | Management Board. However, prisoners who are waiting to receive | ||||||
5 | treatment, but who are unable to do so due solely to the lack | ||||||
6 | of resources on the part of the Department, may, at the | ||||||
7 | Director's sole discretion, be awarded sentence credit at a | ||||||
8 | rate as the Director shall determine. | ||||||
9 | (5) Whenever the Department is to release any inmate | ||||||
10 | earlier than it
otherwise would because of a grant of earned | ||||||
11 | sentence credit for good conduct under paragraph (3) of | ||||||
12 | subsection (a) of this Section given at any time during the | ||||||
13 | term, the Department shall give
reasonable notice of the | ||||||
14 | impending release not less than 14 days prior to the date of | ||||||
15 | the release to the State's
Attorney of the county where the | ||||||
16 | prosecution of the inmate took place, and if applicable, the | ||||||
17 | State's Attorney of the county into which the inmate will be | ||||||
18 | released. The Department must also make identification | ||||||
19 | information and a recent photo of the inmate being released | ||||||
20 | accessible on the Internet by means of a hyperlink labeled | ||||||
21 | "Community Notification of Inmate Early Release" on the | ||||||
22 | Department's World Wide Web homepage.
The identification | ||||||
23 | information shall include the inmate's: name, any known alias, | ||||||
24 | date of birth, physical characteristics, commitment offense | ||||||
25 | and county where conviction was imposed. The identification | ||||||
26 | information shall be placed on the website within 3 days of the |
| |||||||
| |||||||
1 | inmate's release and the information may not be removed until | ||||||
2 | either: completion of the first year of mandatory supervised | ||||||
3 | release or return of the inmate to custody of the Department.
| ||||||
4 | (b) Whenever a person is or has been committed under
| ||||||
5 | several convictions, with separate sentences, the sentences
| ||||||
6 | shall be construed under Section 5-8-4 in granting and
| ||||||
7 | forfeiting of sentence credit.
| ||||||
8 | (c) The Department shall prescribe rules and regulations
| ||||||
9 | for revoking sentence credit, including revoking sentence | ||||||
10 | credit awarded for good conduct under paragraph (3) of | ||||||
11 | subsection (a) of this Section. The Department shall prescribe | ||||||
12 | rules and regulations for suspending or reducing
the rate of | ||||||
13 | accumulation of sentence credit for specific
rule violations, | ||||||
14 | during imprisonment. These rules and regulations
shall provide | ||||||
15 | that no inmate may be penalized more than one
year of sentence | ||||||
16 | credit for any one infraction.
| ||||||
17 | When the Department seeks to revoke, suspend or reduce
the | ||||||
18 | rate of accumulation of any sentence credits for
an alleged | ||||||
19 | infraction of its rules, it shall bring charges
therefor | ||||||
20 | against the prisoner sought to be so deprived of
sentence | ||||||
21 | credits before the Prisoner Review Board as
provided in | ||||||
22 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
23 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
24 | month period, the cumulative amount of
credit revoked exceeds | ||||||
25 | 30 days except where the infraction is committed
or discovered | ||||||
26 | within 60 days of scheduled release. In those cases,
the |
| |||||||
| |||||||
1 | Department of Corrections may revoke up to 30 days of sentence | ||||||
2 | credit.
The Board may subsequently approve the revocation of | ||||||
3 | additional sentence credit, if the Department seeks to revoke | ||||||
4 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
5 | not be empowered to review the
Department's decision with | ||||||
6 | respect to the loss of 30 days of sentence
credit within any | ||||||
7 | calendar year for any prisoner or to increase any penalty
| ||||||
8 | beyond the length requested by the Department.
| ||||||
9 | The Director of the Department of Corrections, in | ||||||
10 | appropriate cases, may
restore up to 30 days of sentence | ||||||
11 | credits which have been revoked, suspended
or reduced. Any | ||||||
12 | restoration of sentence credits in excess of 30 days shall
be | ||||||
13 | subject to review by the Prisoner Review Board. However, the | ||||||
14 | Board may not
restore sentence credit in excess of the amount | ||||||
15 | requested by the Director.
| ||||||
16 | Nothing contained in this Section shall prohibit the | ||||||
17 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
18 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
19 | sentence imposed by the court that was not served due to the
| ||||||
20 | accumulation of sentence credit.
| ||||||
21 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
22 | federal court
against the State, the Department of Corrections, | ||||||
23 | or the Prisoner Review Board,
or against any of
their officers | ||||||
24 | or employees, and the court makes a specific finding that a
| ||||||
25 | pleading, motion, or other paper filed by the prisoner is | ||||||
26 | frivolous, the
Department of Corrections shall conduct a |
| |||||||
| |||||||
1 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
2 | charges against the prisoner
sought to be deprived of the | ||||||
3 | sentence credits before the Prisoner Review
Board as provided | ||||||
4 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
5 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
6 | time of the finding, then the Prisoner Review Board may revoke | ||||||
7 | all
sentence credit accumulated by the prisoner.
| ||||||
8 | For purposes of this subsection (d):
| ||||||
9 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
10 | filing which
purports to be a legal document filed by a | ||||||
11 | prisoner in his or her lawsuit meets
any or all of the | ||||||
12 | following criteria:
| ||||||
13 | (A) it lacks an arguable basis either in law or in | ||||||
14 | fact;
| ||||||
15 | (B) it is being presented for any improper purpose, | ||||||
16 | such as to harass or
to cause unnecessary delay or | ||||||
17 | needless increase in the cost of litigation;
| ||||||
18 | (C) the claims, defenses, and other legal | ||||||
19 | contentions therein are not
warranted by existing law | ||||||
20 | or by a nonfrivolous argument for the extension,
| ||||||
21 | modification, or reversal of existing law or the | ||||||
22 | establishment of new law;
| ||||||
23 | (D) the allegations and other factual contentions | ||||||
24 | do not have
evidentiary
support or, if specifically so | ||||||
25 | identified, are not likely to have evidentiary
support | ||||||
26 | after a reasonable opportunity for further |
| |||||||
| |||||||
1 | investigation or discovery;
or
| ||||||
2 | (E) the denials of factual contentions are not | ||||||
3 | warranted on the
evidence, or if specifically so | ||||||
4 | identified, are not reasonably based on a lack
of | ||||||
5 | information or belief.
| ||||||
6 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
7 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
8 | action under
Article X of the Code of Civil Procedure or | ||||||
9 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
10 | under the Court of Claims Act, an action under the
federal | ||||||
11 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
12 | subsequent petition for post-conviction relief under | ||||||
13 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
14 | whether filed with or without leave of court or a second or | ||||||
15 | subsequent petition for relief from judgment under Section | ||||||
16 | 2-1401 of the Code of Civil Procedure.
| ||||||
17 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
18 | validity of Public Act 89-404.
| ||||||
19 | (f) Whenever the Department is to release any inmate who | ||||||
20 | has been convicted of a violation of an order of protection | ||||||
21 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
23 | because of a grant of sentence credit, the Department, as a | ||||||
24 | condition of release, shall require that the person, upon | ||||||
25 | release, be placed under electronic surveillance as provided in | ||||||
26 | Section 5-8A-7 of this Code. |
| |||||||
| |||||||
1 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||||||
2 | eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
3 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
4 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
5 | (a) Except when the death penalty is
sought under hearing | ||||||
6 | procedures otherwise specified, after a
determination of | ||||||
7 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
8 | prior to the imposition of sentence on an individual being
| ||||||
9 | sentenced for an offense based upon a charge for a violation of | ||||||
10 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
11 | provision of a local
ordinance, the individual must undergo a | ||||||
12 | professional evaluation to
determine if an alcohol or other | ||||||
13 | drug abuse problem exists and the extent
of such a problem. | ||||||
14 | Programs conducting these evaluations shall be
licensed by the | ||||||
15 | Department of Human Services. However, if the individual is
not | ||||||
16 | a resident of Illinois, the court
may, in its discretion, | ||||||
17 | accept an evaluation from a program in the state of
such | ||||||
18 | individual's residence. The court may in its sentencing order | ||||||
19 | approve an
eligible defendant for placement in a Department of | ||||||
20 | Corrections impact
incarceration program as provided in | ||||||
21 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
22 | order recommend a defendant for placement in a Department of | ||||||
23 | Corrections substance abuse treatment program as provided in | ||||||
24 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
25 | upon the defendant being accepted in a program by the |
| |||||||
| |||||||
1 | Department of Corrections. At the
hearing the court
shall:
| ||||||
2 | (1) consider the evidence, if any, received upon the | ||||||
3 | trial;
| ||||||
4 | (2) consider any presentence reports;
| ||||||
5 | (3) consider the financial impact of incarceration | ||||||
6 | based on the
financial impact statement filed with the | ||||||
7 | clerk of the court by the
Department of Corrections;
| ||||||
8 | (4) consider evidence and information offered by the | ||||||
9 | parties in
aggravation and mitigation; | ||||||
10 | (4.5) consider substance abuse treatment, eligibility | ||||||
11 | screening, and an assessment, if any, of the defendant by | ||||||
12 | an agent designated by the State of Illinois to provide | ||||||
13 | assessment services for the Illinois courts;
| ||||||
14 | (5) hear arguments as to sentencing alternatives;
| ||||||
15 | (6) afford the defendant the opportunity to make a | ||||||
16 | statement in his
own behalf;
| ||||||
17 | (7) afford the victim of a violent crime or a violation | ||||||
18 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
19 | similar provision of a local
ordinance, or a qualified | ||||||
20 | individual affected by: (i) a violation of Section
405, | ||||||
21 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
22 | Act or a violation of Section 55 or Section 65 of the | ||||||
23 | Methamphetamine Control and Community Protection Act,
or | ||||||
24 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
25 | except as described in subdivisions (a)(2)(A) and | ||||||
26 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
2 | committed by the defendant the opportunity to make a | ||||||
3 | statement
concerning the impact on the victim and to offer | ||||||
4 | evidence in aggravation or
mitigation; provided that the | ||||||
5 | statement and evidence offered in aggravation
or | ||||||
6 | mitigation must first be prepared in writing in conjunction | ||||||
7 | with the
State's Attorney before it may be presented orally | ||||||
8 | at the hearing. Any
sworn testimony offered by the victim | ||||||
9 | is subject to the defendant's right
to cross-examine. All | ||||||
10 | statements and evidence offered under this paragraph
(7) | ||||||
11 | shall become part of the record of the court. For the | ||||||
12 | purpose of this
paragraph (7), "qualified individual" | ||||||
13 | means any person who (i) lived or worked
within the | ||||||
14 | territorial jurisdiction where the offense took place when | ||||||
15 | the
offense took place;
and (ii) is familiar with various | ||||||
16 | public places within the territorial
jurisdiction where
| ||||||
17 | the offense took place when the offense took place. For the | ||||||
18 | purposes of
this paragraph (7), "qualified individual" | ||||||
19 | includes any peace officer,
or any member of any duly | ||||||
20 | organized State, county, or municipal peace unit
assigned | ||||||
21 | to the territorial jurisdiction where the offense took | ||||||
22 | place when the
offense took
place;
| ||||||
23 | (8) in cases of reckless homicide afford the victim's | ||||||
24 | spouse,
guardians, parents or other immediate family | ||||||
25 | members an opportunity to make
oral statements;
| ||||||
26 | (9) in cases involving a felony sex offense as defined |
| |||||||
| |||||||
1 | under the Sex
Offender
Management Board Act, consider the | ||||||
2 | results of the sex offender evaluation
conducted pursuant | ||||||
3 | to Section 5-3-2 of this Act; and
| ||||||
4 | (10) make a finding of whether a motor vehicle was used | ||||||
5 | in the commission of the offense for which the defendant is | ||||||
6 | being sentenced. | ||||||
7 | (b) All sentences shall be imposed by the judge based upon | ||||||
8 | his
independent assessment of the elements specified above and | ||||||
9 | any agreement
as to sentence reached by the parties. The judge | ||||||
10 | who presided at the
trial or the judge who accepted the plea of | ||||||
11 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
12 | as a judge in that court. Where
the judge does not impose | ||||||
13 | sentence at the same time on all defendants
who are convicted | ||||||
14 | as a result of being involved in the same offense, the
| ||||||
15 | defendant or the State's Attorney may advise the sentencing | ||||||
16 | court of the
disposition of any other defendants who have been | ||||||
17 | sentenced.
| ||||||
18 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
19 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
20 | sentence of probation or conditional discharge is an available | ||||||
21 | sentence, if the defendant has no prior sentence of probation | ||||||
22 | or conditional discharge and no prior conviction for a violent | ||||||
23 | crime, the defendant shall not be sentenced to imprisonment | ||||||
24 | before review and consideration of a presentence report and | ||||||
25 | determination and explanation of why the particular evidence, | ||||||
26 | information, factor in aggravation, factual finding, or other |
| |||||||
| |||||||
1 | reasons support a sentencing determination that one or more of | ||||||
2 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
3 | apply and that probation or conditional discharge is not an | ||||||
4 | appropriate sentence. | ||||||
5 | (c) In imposing a sentence for a violent crime or for an | ||||||
6 | offense of
operating or being in physical control of a vehicle | ||||||
7 | while under the
influence of alcohol, any other drug or any | ||||||
8 | combination thereof, or a
similar provision of a local | ||||||
9 | ordinance, when such offense resulted in the
personal injury to | ||||||
10 | someone other than the defendant, the trial judge shall
specify | ||||||
11 | on the record the particular evidence, information, factors in
| ||||||
12 | mitigation and aggravation or other reasons that led to his | ||||||
13 | sentencing
determination. The full verbatim record of the | ||||||
14 | sentencing hearing shall be
filed with the clerk of the court | ||||||
15 | and shall be a public record.
| ||||||
16 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
17 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
18 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
19 | firearm, or armed violence with a category I weapon
or category | ||||||
20 | II weapon,
the trial judge shall make a finding as to whether | ||||||
21 | the conduct leading to
conviction for the offense resulted in | ||||||
22 | great bodily harm to a victim, and
shall enter that finding and | ||||||
23 | the basis for that finding in the record.
| ||||||
24 | (c-2) If the defendant is sentenced to prison, other than | ||||||
25 | when a sentence of
natural life imprisonment or a sentence of | ||||||
26 | death is imposed, at the time
the sentence is imposed the judge |
| |||||||
| |||||||
1 | shall
state on the record in open court the approximate period | ||||||
2 | of time the defendant
will serve in custody according to the | ||||||
3 | then current statutory rules and
regulations for sentence | ||||||
4 | credit found in Section 3-6-3 and other related
provisions of | ||||||
5 | this Code. This statement is intended solely to inform the
| ||||||
6 | public, has no legal effect on the defendant's actual release, | ||||||
7 | and may not be
relied on by the defendant on appeal.
| ||||||
8 | The judge's statement, to be given after pronouncing the | ||||||
9 | sentence, other than
when the sentence is imposed for one of | ||||||
10 | the offenses enumerated in paragraph
(a)(4) (a)(3) of Section | ||||||
11 | 3-6-3, shall include the following:
| ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period
of time this defendant is likely to spend in | ||||||
14 | prison as a result of this
sentence. The actual period of | ||||||
15 | prison time served is determined by the
statutes of Illinois as | ||||||
16 | applied to this sentence by the Illinois Department of
| ||||||
17 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
18 | case, assuming the defendant
receives all of his or her | ||||||
19 | sentence credit, the period of estimated actual
custody is ... | ||||||
20 | years and ... months, less up to 180 days additional earned | ||||||
21 | sentence credit for good conduct . If the defendant, because of | ||||||
22 | his or
her own misconduct or failure to comply with the | ||||||
23 | institutional regulations,
does not receive those credits, the | ||||||
24 | actual time served in prison will be
longer. The defendant may | ||||||
25 | also receive an additional one-half day sentence
credit for | ||||||
26 | each day of participation in vocational, industry, substance |
| |||||||
| |||||||
1 | abuse,
and educational programs as provided for by Illinois | ||||||
2 | statute."
| ||||||
3 | When the sentence is imposed for one of the offenses | ||||||
4 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
5 | when the sentence is imposed for one of the
offenses enumerated | ||||||
6 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
7 | 19, 1998, and other than when the sentence is imposed for
| ||||||
8 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
9 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | ||||||
10 | the offense was committed on or after January 1, 1999, and
| ||||||
11 | other than when the sentence is imposed for aggravated arson if | ||||||
12 | the offense was
committed on or after July 27, 2001 (the | ||||||
13 | effective date of Public Act
92-176), and
other than when the | ||||||
14 | sentence is imposed for aggravated driving under the influence | ||||||
15 | of alcohol,
other drug or drugs, or intoxicating compound or | ||||||
16 | compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
18 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
19 | January 1, 2011 (the effective date of Public Act 96-1230), the
| ||||||
20 | judge's statement, to be given after pronouncing the sentence, | ||||||
21 | shall include
the following:
| ||||||
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
|
| |||||||
| |||||||
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 90 days additional sentence | ||||||
5 | credit for good conduct. If the defendant, because of his or
| ||||||
6 | her own 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."
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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:
| ||||||
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
| ||||||
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
| ||||||
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."
| ||||||
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:
|
| |||||||
| |||||||
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."
| ||||||
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
| ||||||
16 | Section, to be given after pronouncing the sentence, shall | ||||||
17 | include the
following:
| ||||||
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
| ||||||
20 | prison as a result of this sentence. The actual period of
| ||||||
21 | prison time served is determined by the statutes of Illinois as
| ||||||
22 | applied to this sentence by the Illinois Department of
| ||||||
23 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
24 | case, the defendant shall receive no earned sentence credit for | ||||||
25 | good conduct under clause (3) of subsection (a) of Section | ||||||
26 | 3-6-3 until he or
she participates in and completes a substance |
| |||||||
| |||||||
1 | abuse treatment program or receives a waiver from the Director | ||||||
2 | of Corrections pursuant to clause (4.5) of subsection (a) of | ||||||
3 | Section 3-6-3."
| ||||||
4 | (c-4) Before the sentencing hearing and as part of the | ||||||
5 | presentence investigation under Section 5-3-1, the court shall | ||||||
6 | inquire of the defendant whether the defendant is currently | ||||||
7 | serving in or is a veteran of the Armed Forces of the United | ||||||
8 | States.
If the defendant is currently serving in the Armed | ||||||
9 | Forces of the United States or is a veteran of the Armed Forces | ||||||
10 | of the United States and has been diagnosed as having a mental | ||||||
11 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
12 | physician, the court may: | ||||||
13 | (1) order that the officer preparing the presentence | ||||||
14 | report consult with the United States Department of | ||||||
15 | Veterans Affairs, Illinois Department of Veterans' | ||||||
16 | Affairs, or another agency or person with suitable | ||||||
17 | knowledge or experience for the purpose of providing the | ||||||
18 | court with information regarding treatment options | ||||||
19 | available to the defendant, including federal, State, and | ||||||
20 | local programming; and | ||||||
21 | (2) consider the treatment recommendations of any | ||||||
22 | diagnosing or treating mental health professionals | ||||||
23 | together with the treatment options available to the | ||||||
24 | defendant in imposing sentence. | ||||||
25 | For the purposes of this subsection (c-4), "qualified | ||||||
26 | psychiatrist" means a reputable physician licensed in Illinois |
| |||||||
| |||||||
1 | to practice medicine in all its branches, who has specialized | ||||||
2 | in the diagnosis and treatment of mental and nervous disorders | ||||||
3 | for a period of not less than 5 years. | ||||||
4 | (c-6) In imposing a sentence, the trial judge shall | ||||||
5 | specify, on the record, the particular evidence and other | ||||||
6 | reasons which led to his or her determination that a motor | ||||||
7 | vehicle was used in the commission of the offense. | ||||||
8 | (d) When the defendant is committed to the Department of
| ||||||
9 | Corrections, the State's Attorney shall and counsel for the | ||||||
10 | defendant
may file a statement with the clerk of the court to | ||||||
11 | be transmitted to
the department, agency or institution to | ||||||
12 | which the defendant is
committed to furnish such department, | ||||||
13 | agency or institution with the
facts and circumstances of the | ||||||
14 | offense for which the person was
committed together with all | ||||||
15 | other factual information accessible to them
in regard to the | ||||||
16 | person prior to his commitment relative to his habits,
| ||||||
17 | associates, disposition and reputation and any other facts and
| ||||||
18 | circumstances which may aid such department, agency or | ||||||
19 | institution
during its custody of such person. The clerk shall | ||||||
20 | within 10 days after
receiving any such statements transmit a | ||||||
21 | copy to such department, agency
or institution and a copy to | ||||||
22 | the other party, provided, however, that
this shall not be | ||||||
23 | cause for delay in conveying the person to the
department, | ||||||
24 | agency or institution to which he has been committed.
| ||||||
25 | (e) The clerk of the court shall transmit to the | ||||||
26 | department,
agency or institution, if any, to which the |
| |||||||
| |||||||
1 | defendant is committed, the
following:
| ||||||
2 | (1) the sentence imposed;
| ||||||
3 | (2) any statement by the court of the basis for | ||||||
4 | imposing the sentence;
| ||||||
5 | (3) any presentence reports;
| ||||||
6 | (3.5) any sex offender evaluations;
| ||||||
7 | (3.6) any substance abuse treatment eligibility | ||||||
8 | screening and assessment of the defendant by an agent | ||||||
9 | designated by the State of Illinois to provide assessment | ||||||
10 | services for the Illinois courts;
| ||||||
11 | (4) the number of days, if any, which the defendant has | ||||||
12 | been in
custody and for which he is entitled to credit | ||||||
13 | against the sentence,
which information shall be provided | ||||||
14 | to the clerk by the sheriff;
| ||||||
15 | (4.1) any finding of great bodily harm made by the | ||||||
16 | court with respect
to an offense enumerated in subsection | ||||||
17 | (c-1);
| ||||||
18 | (5) all statements filed under subsection (d) of this | ||||||
19 | Section;
| ||||||
20 | (6) any medical or mental health records or summaries | ||||||
21 | of the defendant;
| ||||||
22 | (7) the municipality where the arrest of the offender | ||||||
23 | or the commission
of the offense has occurred, where such | ||||||
24 | municipality has a population of
more than 25,000 persons;
| ||||||
25 | (8) all statements made and evidence offered under | ||||||
26 | paragraph (7) of
subsection (a) of this Section; and
|
| |||||||
| |||||||
1 | (9) all additional matters which the court directs the | ||||||
2 | clerk to
transmit.
| ||||||
3 | (f) In cases in which the court finds that a motor vehicle | ||||||
4 | was used in the commission of the offense for which the | ||||||
5 | defendant is being sentenced, the clerk of the court shall, | ||||||
6 | within 5 days thereafter, forward a report of such conviction | ||||||
7 | to the Secretary of State. | ||||||
8 | (Source: P.A. 99-861, eff. 1-1-17 .)
| ||||||
9 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
10 | Sec. 5-5-3. Disposition.
| ||||||
11 | (a) (Blank).
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) (1) (Blank).
| ||||||
14 | (2) A period of probation, a term of periodic imprisonment | ||||||
15 | or
conditional discharge shall not be imposed for the following | ||||||
16 | offenses.
The court shall sentence the offender to not less | ||||||
17 | than the minimum term
of imprisonment set forth in this Code | ||||||
18 | for the following offenses, and
may order a fine or restitution | ||||||
19 | or both in conjunction with such term of
imprisonment:
| ||||||
20 | (A) First degree murder where the death penalty is not | ||||||
21 | imposed.
| ||||||
22 | (B) Attempted first degree murder.
| ||||||
23 | (C) A Class X felony.
| ||||||
24 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
25 | Controlled Substances Act, or a violation of subdivision |
| |||||||
| |||||||
1 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
2 | to more than 5 grams of a substance
containing cocaine, | ||||||
3 | fentanyl , or an analog thereof.
| ||||||
4 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
5 | of the Illinois Controlled Substances Act which relates to | ||||||
6 | 3 or more grams of a substance
containing heroin or an | ||||||
7 | analog thereof. | ||||||
8 | (E) (Blank). A violation of Section 5.1 or 9 of the | ||||||
9 | Cannabis Control
Act.
| ||||||
10 | (F) A Class 1 2 or greater felony if the offender had | ||||||
11 | been convicted
of a Class 1 2 or greater felony, including | ||||||
12 | any state or federal conviction for an offense that | ||||||
13 | contained, at the time it was committed, the same elements | ||||||
14 | as an offense now (the date of the offense committed after | ||||||
15 | the prior Class 1 2 or greater felony) classified as a | ||||||
16 | Class 1 2 or greater felony, within 10 years of the date on | ||||||
17 | which the
offender
committed the offense for which he or | ||||||
18 | she is being sentenced, except as
otherwise provided in | ||||||
19 | Section 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
20 | Dependency Act.
| ||||||
21 | (F-3) A Class 2 or greater felony sex offense or felony | ||||||
22 | firearm offense if the offender had been convicted of a | ||||||
23 | Class 2 or greater felony, including any state or federal | ||||||
24 | conviction for an offense that contained, at the time it | ||||||
25 | was committed, the same elements as an offense now (the | ||||||
26 | date of the offense committed after the prior Class 2 or |
| |||||||
| |||||||
1 | greater felony) classified as a Class 2 or greater felony, | ||||||
2 | within 10 years of the date on which the offender committed | ||||||
3 | the offense for which he or she is being sentenced, except | ||||||
4 | as otherwise provided in Section 40-10 of the Alcoholism | ||||||
5 | and Other Drug Abuse and Dependency Act. | ||||||
6 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
8 | which imprisonment is prescribed in those Sections. | ||||||
9 | (G) Residential burglary, except as otherwise provided | ||||||
10 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
11 | Dependency Act.
| ||||||
12 | (H) Criminal sexual assault.
| ||||||
13 | (I) Aggravated battery of a senior citizen as described | ||||||
14 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
15 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
16 | (J) A forcible felony if the offense was related to the | ||||||
17 | activities of an
organized gang.
| ||||||
18 | Before July 1, 1994, for the purposes of this | ||||||
19 | paragraph, "organized
gang" means an association of 5 or | ||||||
20 | more persons, with an established hierarchy,
that | ||||||
21 | encourages members of the association to perpetrate crimes | ||||||
22 | or provides
support to the members of the association who | ||||||
23 | do commit crimes.
| ||||||
24 | Beginning July 1, 1994, for the purposes of this | ||||||
25 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
26 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
| |||||||
| |||||||
1 | Prevention Act.
| ||||||
2 | (K) Vehicular hijacking.
| ||||||
3 | (L) A second or subsequent conviction for the offense | ||||||
4 | of hate crime
when the underlying offense upon which the | ||||||
5 | hate crime is based is felony
aggravated
assault or felony | ||||||
6 | mob action.
| ||||||
7 | (M) A second or subsequent conviction for the offense | ||||||
8 | of institutional
vandalism if the damage to the property | ||||||
9 | exceeds $300.
| ||||||
10 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
11 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
12 | Identification Card Act.
| ||||||
13 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
15 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
16 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012.
| ||||||
18 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
19 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
20 | Code of
1961 or the Criminal Code of 2012.
| ||||||
21 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
22 | of
1961 or the Criminal Code of 2012.
| ||||||
23 | (S) (Blank).
| ||||||
24 | (T) (Blank). A second or subsequent violation of the | ||||||
25 | Methamphetamine Control and Community Protection Act.
| ||||||
26 | (U) A second or subsequent violation of Section 6-303 |
| |||||||
| |||||||
1 | of the Illinois Vehicle Code committed while his or her | ||||||
2 | driver's license, permit, or privilege was revoked because | ||||||
3 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
4 | or the Criminal Code of 2012, relating to the offense of | ||||||
5 | reckless homicide, or a similar provision of a law of | ||||||
6 | another state.
| ||||||
7 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
8 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
9 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
10 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
11 | Code of 2012 when the victim is under 13 years of age and | ||||||
12 | the defendant has previously been convicted under the laws | ||||||
13 | of this State or any other state of the offense of child | ||||||
14 | pornography, aggravated child pornography, aggravated | ||||||
15 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
16 | predatory criminal sexual assault of a child, or any of the | ||||||
17 | offenses formerly known as rape, deviate sexual assault, | ||||||
18 | indecent liberties with a child, or aggravated indecent | ||||||
19 | liberties with a child where the victim was under the age | ||||||
20 | of 18 years or an offense that is substantially equivalent | ||||||
21 | to those offenses. | ||||||
22 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
23 | of 1961 or the Criminal Code of 2012.
| ||||||
24 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
26 | (Y) A conviction for unlawful possession of a firearm |
| |||||||
| |||||||
1 | by a street gang member when the firearm was loaded or | ||||||
2 | contained firearm ammunition. | ||||||
3 | (Z) A Class 1 felony committed while he or she was | ||||||
4 | serving a term of probation or conditional discharge for a | ||||||
5 | felony. | ||||||
6 | (AA) Theft of property exceeding $500,000 and not | ||||||
7 | exceeding $1,000,000 in value. | ||||||
8 | (BB) Laundering of criminally derived property of a | ||||||
9 | value exceeding
$500,000. | ||||||
10 | (CC) Knowingly selling, offering for sale, holding for | ||||||
11 | sale, or using 2,000 or more counterfeit items or | ||||||
12 | counterfeit items having a retail value in the aggregate of | ||||||
13 | $500,000 or more. | ||||||
14 | (DD) A conviction for aggravated assault under | ||||||
15 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
17 | firearm is aimed toward the person against whom the firearm | ||||||
18 | is being used. | ||||||
19 | (EE) A conviction for a violation of paragraph (2) of | ||||||
20 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
21 | 2012. | ||||||
22 | (3) (Blank).
| ||||||
23 | (4) A minimum term of imprisonment of not less than 10
| ||||||
24 | consecutive days or 30 days of community service shall be | ||||||
25 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
26 | the Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.1) (Blank).
| ||||||
2 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
3 | this subsection (c), a
minimum of
100 hours of community | ||||||
4 | service shall be imposed for a second violation of
Section | ||||||
5 | 6-303
of the Illinois Vehicle Code.
| ||||||
6 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
7 | hours of community
service, as determined by the court, shall
| ||||||
8 | be imposed for a second violation of subsection (c) of Section | ||||||
9 | 6-303 of the
Illinois Vehicle Code.
| ||||||
10 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
11 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
12 | 30 days or 300 hours of community service, as
determined by the | ||||||
13 | court, shall
be imposed
for a third or subsequent violation of | ||||||
14 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
15 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
16 | imposed for a third violation of subsection (c) of
Section | ||||||
17 | 6-303 of the Illinois Vehicle Code.
| ||||||
18 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
19 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
20 | shall be imposed for a
fourth or subsequent violation of | ||||||
21 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
22 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
23 | consecutive days, or 300 hours of community service, shall be | ||||||
24 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
25 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
26 | that Section.
|
| |||||||
| |||||||
1 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
2 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
3 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
4 | Section. The person's driving privileges shall be revoked for a | ||||||
5 | period of not less than 5 years from the date of his or her | ||||||
6 | release from prison.
| ||||||
7 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
8 | not more than 15 years shall be imposed for a third violation | ||||||
9 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
10 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
11 | person's driving privileges shall be revoked for the remainder | ||||||
12 | of his or her life.
| ||||||
13 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
14 | shall be imposed, and the person shall be eligible for an | ||||||
15 | extended term sentence, for a fourth or subsequent violation of | ||||||
16 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
17 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
18 | driving privileges shall be revoked for the remainder of his or | ||||||
19 | her life.
| ||||||
20 | (5) The court may sentence a corporation or unincorporated
| ||||||
21 | association convicted of any offense to:
| ||||||
22 | (A) a period of conditional discharge;
| ||||||
23 | (B) a fine;
| ||||||
24 | (C) make restitution to the victim under Section 5-5-6 | ||||||
25 | of this Code.
| ||||||
26 | (5.1) In addition to any other penalties imposed, and |
| |||||||
| |||||||
1 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
2 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
3 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
4 | permit, or privileges
suspended for at least 90 days but not | ||||||
5 | more than one year, if the violation
resulted in damage to the | ||||||
6 | property of another person.
| ||||||
7 | (5.2) In addition to any other penalties imposed, and | ||||||
8 | except as provided in paragraph (5.3), a person convicted
of | ||||||
9 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
10 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
11 | privileges suspended for at
least 180 days but not more than 2 | ||||||
12 | years, if the violation resulted in injury
to
another person.
| ||||||
13 | (5.3) In addition to any other penalties imposed, a person | ||||||
14 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
15 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
16 | permit, or privileges suspended for 2 years, if the violation | ||||||
17 | resulted in the
death of another person.
| ||||||
18 | (5.4) In addition to any other penalties imposed, a person | ||||||
19 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
20 | Code shall have his or her driver's license, permit, or | ||||||
21 | privileges suspended for 3 months and until he or she has paid | ||||||
22 | a reinstatement fee of $100. | ||||||
23 | (5.5) In addition to any other penalties imposed, a person | ||||||
24 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
25 | Code during a period in which his or her driver's license, | ||||||
26 | permit, or privileges were suspended for a previous violation |
| |||||||
| |||||||
1 | of that Section shall have his or her driver's license, permit, | ||||||
2 | or privileges suspended for an additional 6 months after the | ||||||
3 | expiration of the original 3-month suspension and until he or | ||||||
4 | she has paid a reinstatement fee of $100.
| ||||||
5 | (6) (Blank).
| ||||||
6 | (7) (Blank).
| ||||||
7 | (8) (Blank).
| ||||||
8 | (9) A defendant convicted of a second or subsequent offense | ||||||
9 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
10 | natural life imprisonment.
| ||||||
11 | (10) (Blank).
| ||||||
12 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
13 | first offense
and $2,000 for a second or subsequent offense | ||||||
14 | upon a person convicted of or
placed on supervision for battery | ||||||
15 | when the individual harmed was a sports
official or coach at | ||||||
16 | any level of competition and the act causing harm to the
sports
| ||||||
17 | official or coach occurred within an athletic facility or | ||||||
18 | within the immediate vicinity
of the athletic facility at which | ||||||
19 | the sports official or coach was an active
participant
of the | ||||||
20 | athletic contest held at the athletic facility. For the | ||||||
21 | purposes of
this paragraph (11), "sports official" means a | ||||||
22 | person at an athletic contest
who enforces the rules of the | ||||||
23 | contest, such as an umpire or referee; "athletic facility" | ||||||
24 | means an indoor or outdoor playing field or recreational area | ||||||
25 | where sports activities are conducted;
and "coach" means a | ||||||
26 | person recognized as a coach by the sanctioning
authority that |
| |||||||
| |||||||
1 | conducted the sporting event. | ||||||
2 | (12) A person may not receive a disposition of court | ||||||
3 | supervision for a
violation of Section 5-16 of the Boat | ||||||
4 | Registration and Safety Act if that
person has previously | ||||||
5 | received a disposition of court supervision for a
violation of | ||||||
6 | that Section.
| ||||||
7 | (13) A person convicted of or placed on court supervision | ||||||
8 | for an assault or aggravated assault when the victim and the | ||||||
9 | offender are family or household members as defined in Section | ||||||
10 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
11 | of domestic battery or aggravated domestic battery may be | ||||||
12 | required to attend a Partner Abuse Intervention Program under | ||||||
13 | protocols set forth by the Illinois Department of Human | ||||||
14 | Services under such terms and conditions imposed by the court. | ||||||
15 | The costs of such classes shall be paid by the offender.
| ||||||
16 | (d) In any case in which a sentence originally imposed is | ||||||
17 | vacated,
the case shall be remanded to the trial court. The | ||||||
18 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
19 | Unified Code of Corrections
which may include evidence of the | ||||||
20 | defendant's life, moral character and
occupation during the | ||||||
21 | time since the original sentence was passed. The
trial court | ||||||
22 | shall then impose sentence upon the defendant. The trial
court | ||||||
23 | may impose any sentence which could have been imposed at the
| ||||||
24 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
25 | Corrections.
If a sentence is vacated on appeal or on | ||||||
26 | collateral attack due to the
failure of the trier of fact at |
| |||||||
| |||||||
1 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
2 | fact (other than a prior conviction) necessary to increase the
| ||||||
3 | punishment for the offense beyond the statutory maximum | ||||||
4 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
5 | to a term within the range otherwise
provided or, if the State | ||||||
6 | files notice of its intention to again seek the
extended | ||||||
7 | sentence, the defendant shall be afforded a new trial.
| ||||||
8 | (e) In cases where prosecution for
aggravated criminal | ||||||
9 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
10 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
11 | of a defendant
who was a family member of the victim at the | ||||||
12 | time of the commission of the
offense, the court shall consider | ||||||
13 | the safety and welfare of the victim and
may impose a sentence | ||||||
14 | of probation only where:
| ||||||
15 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
16 | (A) the defendant is willing to undergo a court | ||||||
17 | approved counseling
program for a minimum duration of 2 | ||||||
18 | years; or
| ||||||
19 | (B) the defendant is willing to participate in a | ||||||
20 | court approved plan
including but not limited to the | ||||||
21 | defendant's:
| ||||||
22 | (i) removal from the household;
| ||||||
23 | (ii) restricted contact with the victim;
| ||||||
24 | (iii) continued financial support of the | ||||||
25 | family;
| ||||||
26 | (iv) restitution for harm done to the victim; |
| |||||||
| |||||||
1 | and
| ||||||
2 | (v) compliance with any other measures that | ||||||
3 | the court may
deem appropriate; and
| ||||||
4 | (2) the court orders the defendant to pay for the | ||||||
5 | victim's counseling
services, to the extent that the court | ||||||
6 | finds, after considering the
defendant's income and | ||||||
7 | assets, that the defendant is financially capable of
paying | ||||||
8 | for such services, if the victim was under 18 years of age | ||||||
9 | at the
time the offense was committed and requires | ||||||
10 | counseling as a result of the
offense.
| ||||||
11 | Probation may be revoked or modified pursuant to Section | ||||||
12 | 5-6-4; except
where the court determines at the hearing that | ||||||
13 | the defendant violated a
condition of his or her probation | ||||||
14 | restricting contact with the victim or
other family members or | ||||||
15 | commits another offense with the victim or other
family | ||||||
16 | members, the court shall revoke the defendant's probation and
| ||||||
17 | impose a term of imprisonment.
| ||||||
18 | For the purposes of this Section, "family member" and | ||||||
19 | "victim" shall have
the meanings ascribed to them in Section | ||||||
20 | 11-0.1 of the Criminal Code of
2012.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) Whenever a defendant is convicted of an offense under | ||||||
23 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
24 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
25 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
26 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
| |||||||
| |||||||
1 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
3 | testing to
determine whether the defendant has any sexually | ||||||
4 | transmissible disease,
including a test for infection with | ||||||
5 | human immunodeficiency virus (HIV) or
any other identified | ||||||
6 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
7 | Any such medical test shall be performed only by appropriately
| ||||||
8 | licensed medical practitioners and may include an analysis of | ||||||
9 | any bodily
fluids as well as an examination of the defendant's | ||||||
10 | person.
Except as otherwise provided by law, the results of | ||||||
11 | such test shall be kept
strictly confidential by all medical | ||||||
12 | personnel involved in the testing and must
be personally | ||||||
13 | delivered in a sealed envelope to the judge of the court in | ||||||
14 | which
the conviction was entered for the judge's inspection in | ||||||
15 | camera. Acting in
accordance with the best interests of the | ||||||
16 | victim and the public, the judge
shall have the discretion to | ||||||
17 | determine to whom, if anyone, the results of the
testing may be | ||||||
18 | revealed. The court shall notify the defendant
of the test | ||||||
19 | results. The court shall
also notify the victim if requested by | ||||||
20 | the victim, and if the victim is under
the age of 15 and if | ||||||
21 | requested by the victim's parents or legal guardian, the
court | ||||||
22 | shall notify the victim's parents or legal guardian of the test
| ||||||
23 | results.
The court shall provide information on the | ||||||
24 | availability of HIV testing
and counseling at Department of | ||||||
25 | Public Health facilities to all parties to
whom the results of | ||||||
26 | the testing are revealed and shall direct the State's
Attorney |
| |||||||
| |||||||
1 | to provide the information to the victim when possible.
A | ||||||
2 | State's Attorney may petition the court to obtain the results | ||||||
3 | of any HIV test
administered under this Section, and the court | ||||||
4 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
5 | relevant in order to prosecute a charge of
criminal | ||||||
6 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
8 | defendant. The court shall order that the cost of any such test
| ||||||
9 | shall be paid by the county and may be taxed as costs against | ||||||
10 | the convicted
defendant.
| ||||||
11 | (g-5) When an inmate is tested for an airborne communicable | ||||||
12 | disease, as
determined by the Illinois Department of Public | ||||||
13 | Health including but not
limited to tuberculosis, the results | ||||||
14 | of the test shall be
personally delivered by the warden or his | ||||||
15 | or her designee in a sealed envelope
to the judge of the court | ||||||
16 | in which the inmate must appear for the judge's
inspection in | ||||||
17 | camera if requested by the judge. Acting in accordance with the
| ||||||
18 | best interests of those in the courtroom, the judge shall have | ||||||
19 | the discretion
to determine what if any precautions need to be | ||||||
20 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
21 | (h) Whenever a defendant is convicted of an offense under | ||||||
22 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
23 | defendant shall undergo
medical testing to determine whether | ||||||
24 | the defendant has been exposed to human
immunodeficiency virus | ||||||
25 | (HIV) or any other identified causative agent of
acquired | ||||||
26 | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| |||||||
| |||||||
1 | by
law, the results of such test shall be kept strictly | ||||||
2 | confidential by all
medical personnel involved in the testing | ||||||
3 | and must be personally delivered in a
sealed envelope to the | ||||||
4 | judge of the court in which the conviction was entered
for the | ||||||
5 | judge's inspection in camera. Acting in accordance with the | ||||||
6 | best
interests of the public, the judge shall have the | ||||||
7 | discretion to determine to
whom, if anyone, the results of the | ||||||
8 | testing may be revealed. The court shall
notify the defendant | ||||||
9 | of a positive test showing an infection with the human
| ||||||
10 | immunodeficiency virus (HIV). The court shall provide | ||||||
11 | information on the
availability of HIV testing and counseling | ||||||
12 | at Department of Public Health
facilities to all parties to | ||||||
13 | whom the results of the testing are revealed and
shall direct | ||||||
14 | the State's Attorney to provide the information to the victim | ||||||
15 | when
possible. A State's Attorney may petition the court to | ||||||
16 | obtain the results of
any HIV test administered under this | ||||||
17 | Section, and the court shall grant the
disclosure if the | ||||||
18 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
19 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
20 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
21 | 2012 against the defendant. The court shall order that the cost | ||||||
22 | of any
such test shall be paid by the county and may be taxed as | ||||||
23 | costs against the
convicted defendant.
| ||||||
24 | (i) All fines and penalties imposed under this Section for | ||||||
25 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
26 | Vehicle Code, or a similar
provision of a local ordinance, and |
| |||||||
| |||||||
1 | any violation
of the Child Passenger Protection Act, or a | ||||||
2 | similar provision of a local
ordinance, shall be collected and | ||||||
3 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
4 | of the Clerks of Courts Act.
| ||||||
5 | (j) In cases when prosecution for any violation of Section | ||||||
6 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
7 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
8 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
9 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
10 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012, any violation of the Illinois Controlled | ||||||
12 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
13 | any violation of the Methamphetamine Control and Community | ||||||
14 | Protection Act results in conviction, a
disposition of court | ||||||
15 | supervision, or an order of probation granted under
Section 10 | ||||||
16 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
17 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
18 | Control and Community Protection Act of a defendant, the court | ||||||
19 | shall determine whether the
defendant is employed by a facility | ||||||
20 | or center as defined under the Child Care
Act of 1969, a public | ||||||
21 | or private elementary or secondary school, or otherwise
works | ||||||
22 | with children under 18 years of age on a daily basis. When a | ||||||
23 | defendant
is so employed, the court shall order the Clerk of | ||||||
24 | the Court to send a copy of
the judgment of conviction or order | ||||||
25 | of supervision or probation to the
defendant's employer by | ||||||
26 | certified mail.
If the employer of the defendant is a school, |
| |||||||
| |||||||
1 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
2 | the judgment of conviction or order of
supervision or probation | ||||||
3 | to the appropriate regional superintendent of schools.
The | ||||||
4 | regional superintendent of schools shall notify the State Board | ||||||
5 | of
Education of any notification under this subsection.
| ||||||
6 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
7 | of a felony and
who has not been previously convicted of a | ||||||
8 | misdemeanor or felony and who is
sentenced to a term of | ||||||
9 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
10 | a condition of his or her sentence be required by the court to | ||||||
11 | attend
educational courses designed to prepare the defendant | ||||||
12 | for a high school diploma
and to work toward a high school | ||||||
13 | diploma or to work toward passing high school equivalency | ||||||
14 | testing or to work toward
completing a vocational training | ||||||
15 | program offered by the Department of
Corrections. If a | ||||||
16 | defendant fails to complete the educational training
required | ||||||
17 | by his or her sentence during the term of incarceration, the | ||||||
18 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
19 | supervised release, require the
defendant, at his or her own | ||||||
20 | expense, to pursue a course of study toward a high
school | ||||||
21 | diploma or passage of high school equivalency testing. The | ||||||
22 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
23 | release of a defendant who wilfully fails to
comply with this | ||||||
24 | subsection (j-5) upon his or her release from confinement in a
| ||||||
25 | penal institution while serving a mandatory supervised release | ||||||
26 | term; however,
the inability of the defendant after making a |
| |||||||
| |||||||
1 | good faith effort to obtain
financial aid or pay for the | ||||||
2 | educational training shall not be deemed a wilful
failure to | ||||||
3 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
4 | whose mandatory supervised release term has been revoked under | ||||||
5 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
6 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
7 | school diploma or has successfully passed high school | ||||||
8 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
9 | defendant who is determined by
the court to be a person with a | ||||||
10 | developmental disability or otherwise mentally incapable of
| ||||||
11 | completing the educational or vocational program.
| ||||||
12 | (k) (Blank).
| ||||||
13 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
14 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
15 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
16 | misdemeanor offense, the court after sentencing the defendant
| ||||||
17 | may, upon motion of the State's Attorney, hold sentence in | ||||||
18 | abeyance and remand
the defendant to the custody of the | ||||||
19 | Attorney General of
the United States or his or her designated | ||||||
20 | agent to be deported when:
| ||||||
21 | (1) a final order of deportation has been issued | ||||||
22 | against the defendant
pursuant to proceedings under the | ||||||
23 | Immigration and Nationality Act, and
| ||||||
24 | (2) the deportation of the defendant would not | ||||||
25 | deprecate the seriousness
of the defendant's conduct and | ||||||
26 | would not be inconsistent with the ends of
justice.
|
| |||||||
| |||||||
1 | Otherwise, the defendant shall be sentenced as provided in | ||||||
2 | this Chapter V.
| ||||||
3 | (B) If the defendant has already been sentenced for a | ||||||
4 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
5 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
6 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
7 | Methamphetamine Control and Community Protection Act, the | ||||||
8 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
9 | sentence imposed, commit the defendant to the custody of the | ||||||
10 | Attorney General
of the United States or his or her designated | ||||||
11 | agent when:
| ||||||
12 | (1) a final order of deportation has been issued | ||||||
13 | against the defendant
pursuant to proceedings under the | ||||||
14 | Immigration and Nationality Act, and
| ||||||
15 | (2) the deportation of the defendant would not | ||||||
16 | deprecate the seriousness
of the defendant's conduct and | ||||||
17 | would not be inconsistent with the ends of
justice.
| ||||||
18 | (C) This subsection (l) does not apply to offenders who are | ||||||
19 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
20 | Section 3-6-3.
| ||||||
21 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
22 | sentenced under
this Section returns to the jurisdiction of the | ||||||
23 | United States, the defendant
shall be recommitted to the | ||||||
24 | custody of the county from which he or she was
sentenced.
| ||||||
25 | Thereafter, the defendant shall be brought before the | ||||||
26 | sentencing court, which
may impose any sentence that was |
| |||||||
| |||||||
1 | available under Section 5-5-3 at the time of
initial | ||||||
2 | sentencing. In addition, the defendant shall not be eligible | ||||||
3 | for
additional earned sentence credit for good conduct as | ||||||
4 | provided under
Section 3-6-3.
| ||||||
5 | (m) A person convicted of criminal defacement of property | ||||||
6 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012, in which the property damage exceeds | ||||||
8 | $300
and the property damaged is a school building, shall be | ||||||
9 | ordered to perform
community service that may include cleanup, | ||||||
10 | removal, or painting over the
defacement.
| ||||||
11 | (n) The court may sentence a person convicted of a | ||||||
12 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
13 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
15 | incarceration program if the person is otherwise eligible for | ||||||
16 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
17 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
18 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
19 | substance or alcohol abuse program licensed under that
Act. | ||||||
20 | (o) Whenever a person is convicted of a sex offense as | ||||||
21 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
22 | defendant's driver's license or permit shall be subject to | ||||||
23 | renewal on an annual basis in accordance with the provisions of | ||||||
24 | license renewal established by the Secretary of State.
| ||||||
25 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
26 | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)".
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