Bill Text: IL HB3355 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Provides that in imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served. Provides that an offender sentenced to a term of imprisonment for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, in which the sentencing order indicates that the offender has less than 4 months remaining on his or her sentence accounting for time served may not be confined in the penitentiary system of the Department of Corrections but may be assigned to electronic home detention, an adult transition center, or another facility or program within the Department of Corrections. Effective January 1, 2019.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3355 Detail]

Download: Illinois-2017-HB3355-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3355

Introduced , by Rep. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-8-6 from Ch. 38, par. 1005-8-6

Amends the Unified Code of Corrections. Provides that in imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served. Provides that an offender sentenced to a term of imprisonment for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, in which the sentencing order indicates that the offender has less than 4 months remaining on his or her sentence accounting for time served may not be confined in the penitentiary system of the Department of Corrections but may be assigned to electronic home detention, an adult transition center, or another facility or program within the Department of Corrections. Effective January 1, 2019.
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A BILL FOR

HB3355LRB100 08485 RLC 21551 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-4-1 and 5-8-6 as follows:
6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
7 Sec. 5-4-1. Sentencing Hearing.
8 (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence. However,
11prior to the imposition of sentence on an individual being
12sentenced for an offense based upon a charge for a violation of
13Section 11-501 of the Illinois Vehicle Code or a similar
14provision of a local ordinance, the individual must undergo a
15professional evaluation to determine if an alcohol or other
16drug abuse problem exists and the extent of such a problem.
17Programs conducting these evaluations shall be licensed by the
18Department of Human Services. However, if the individual is not
19a resident of Illinois, the court may, in its discretion,
20accept an evaluation from a program in the state of such
21individual's residence. The court may in its sentencing order
22approve an eligible defendant for placement in a Department of
23Corrections impact incarceration program as provided in

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1Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
2order recommend a defendant for placement in a Department of
3Corrections substance abuse treatment program as provided in
4paragraph (a) of subsection (1) of Section 3-2-2 conditioned
5upon the defendant being accepted in a program by the
6Department of Corrections. At the hearing the court shall:
7 (1) consider the evidence, if any, received upon the
8 trial;
9 (2) consider any presentence reports;
10 (3) consider the financial impact of incarceration
11 based on the financial impact statement filed with the
12 clerk of the court by the Department of Corrections;
13 (4) consider evidence and information offered by the
14 parties in aggravation and mitigation;
15 (4.5) consider substance abuse treatment, eligibility
16 screening, and an assessment, if any, of the defendant by
17 an agent designated by the State of Illinois to provide
18 assessment services for the Illinois courts;
19 (5) hear arguments as to sentencing alternatives;
20 (6) afford the defendant the opportunity to make a
21 statement in his own behalf;
22 (7) afford the victim of a violent crime or a violation
23 of Section 11-501 of the Illinois Vehicle Code, or a
24 similar provision of a local ordinance, or a qualified
25 individual affected by: (i) a violation of Section 405,
26 405.1, 405.2, or 407 of the Illinois Controlled Substances

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1 Act or a violation of Section 55 or Section 65 of the
2 Methamphetamine Control and Community Protection Act, or
3 (ii) a Class 4 felony violation of Section 11-14, 11-14.3
4 except as described in subdivisions (a)(2)(A) and
5 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
6 Criminal Code of 1961 or the Criminal Code of 2012,
7 committed by the defendant the opportunity to make a
8 statement concerning the impact on the victim and to offer
9 evidence in aggravation or mitigation; provided that the
10 statement and evidence offered in aggravation or
11 mitigation must first be prepared in writing in conjunction
12 with the State's Attorney before it may be presented orally
13 at the hearing. Any sworn testimony offered by the victim
14 is subject to the defendant's right to cross-examine. All
15 statements and evidence offered under this paragraph (7)
16 shall become part of the record of the court. For the
17 purpose of this paragraph (7), "qualified individual"
18 means any person who (i) lived or worked within the
19 territorial jurisdiction where the offense took place when
20 the offense took place; and (ii) is familiar with various
21 public places within the territorial jurisdiction where
22 the offense took place when the offense took place. For the
23 purposes of this paragraph (7), "qualified individual"
24 includes any peace officer, or any member of any duly
25 organized State, county, or municipal peace unit assigned
26 to the territorial jurisdiction where the offense took

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1 place when the offense took place;
2 (8) in cases of reckless homicide afford the victim's
3 spouse, guardians, parents or other immediate family
4 members an opportunity to make oral statements;
5 (9) in cases involving a felony sex offense as defined
6 under the Sex Offender Management Board Act, consider the
7 results of the sex offender evaluation conducted pursuant
8 to Section 5-3-2 of this Act; and
9 (10) make a finding of whether a motor vehicle was used
10 in the commission of the offense for which the defendant is
11 being sentenced.
12 (b) All sentences shall be imposed by the judge based upon
13his independent assessment of the elements specified above and
14any agreement as to sentence reached by the parties. The judge
15who presided at the trial or the judge who accepted the plea of
16guilty shall impose the sentence unless he is no longer sitting
17as a judge in that court. Where the judge does not impose
18sentence at the same time on all defendants who are convicted
19as a result of being involved in the same offense, the
20defendant or the State's Attorney may advise the sentencing
21court of the disposition of any other defendants who have been
22sentenced.
23 (b-1) In imposing a sentence of imprisonment or periodic
24imprisonment for a Class 3 or Class 4 felony for which a
25sentence of probation or conditional discharge is an available
26sentence, if the defendant has no prior sentence of probation

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1or conditional discharge and no prior conviction for a violent
2crime, the defendant shall not be sentenced to imprisonment
3before review and consideration of a presentence report and
4determination and explanation of why the particular evidence,
5information, factor in aggravation, factual finding, or other
6reasons support a sentencing determination that one or more of
7the factors under subsection (a) of Section 5-6-1 of this Code
8apply and that probation or conditional discharge is not an
9appropriate sentence.
10 (c) In imposing a sentence for a violent crime or for an
11offense of operating or being in physical control of a vehicle
12while under the influence of alcohol, any other drug or any
13combination thereof, or a similar provision of a local
14ordinance, when such offense resulted in the personal injury to
15someone other than the defendant, the trial judge shall specify
16on the record the particular evidence, information, factors in
17mitigation and aggravation or other reasons that led to his
18sentencing determination. The full verbatim record of the
19sentencing hearing shall be filed with the clerk of the court
20and shall be a public record.
21 (c-1) In imposing a sentence for the offense of aggravated
22kidnapping for ransom, home invasion, armed robbery,
23aggravated vehicular hijacking, aggravated discharge of a
24firearm, or armed violence with a category I weapon or category
25II weapon, the trial judge shall make a finding as to whether
26the conduct leading to conviction for the offense resulted in

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1great bodily harm to a victim, and shall enter that finding and
2the basis for that finding in the record.
3 (c-2) If the defendant is sentenced to prison, other than
4when a sentence of natural life imprisonment or a sentence of
5death is imposed, at the time the sentence is imposed the judge
6shall state on the record in open court the approximate period
7of time the defendant will serve in custody according to the
8then current statutory rules and regulations for sentence
9credit found in Section 3-6-3 and other related provisions of
10this Code. This statement is intended solely to inform the
11public, has no legal effect on the defendant's actual release,
12and may not be relied on by the defendant on appeal.
13 The judge's statement, to be given after pronouncing the
14sentence, other than when the sentence is imposed for one of
15the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
16shall include the following:
17 "The purpose of this statement is to inform the public of
18the actual period of time this defendant is likely to spend in
19prison as a result of this sentence. The actual period of
20prison time served is determined by the statutes of Illinois as
21applied to this sentence by the Illinois Department of
22Corrections and the Illinois Prisoner Review Board. In this
23case, assuming the defendant receives all of his or her
24sentence credit, the period of estimated actual custody is ...
25years and ... months, less up to 180 days additional sentence
26credit for good conduct. If the defendant, because of his or

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1her own misconduct or failure to comply with the institutional
2regulations, does not receive those credits, the actual time
3served in prison will be longer. The defendant may also receive
4an additional one-half day sentence credit for each day of
5participation in vocational, industry, substance abuse, and
6educational programs as provided for by Illinois statute."
7 When the sentence is imposed for one of the offenses
8enumerated in paragraph (a)(3) of Section 3-6-3, other than
9when the sentence is imposed for one of the offenses enumerated
10in paragraph (a)(2) of Section 3-6-3 committed on or after June
1119, 1998, and other than when the sentence is imposed for
12reckless homicide as defined in subsection (e) of Section 9-3
13of the Criminal Code of 1961 or the Criminal Code of 2012 if
14the offense was committed on or after January 1, 1999, and
15other than when the sentence is imposed for aggravated arson if
16the offense was committed on or after July 27, 2001 (the
17effective date of Public Act 92-176), and other than when the
18sentence is imposed for aggravated driving under the influence
19of alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof as defined in
21subparagraph (C) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code committed on or after
23January 1, 2011 (the effective date of Public Act 96-1230), the
24judge's statement, to be given after pronouncing the sentence,
25shall include the following:
26 "The purpose of this statement is to inform the public of

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1the actual period of time this defendant is likely to spend in
2prison as a result of this sentence. The actual period of
3prison time served is determined by the statutes of Illinois as
4applied to this sentence by the Illinois Department of
5Corrections and the Illinois Prisoner Review Board. In this
6case, assuming the defendant receives all of his or her
7sentence credit, the period of estimated actual custody is ...
8years and ... months, less up to 90 days additional sentence
9credit for good conduct. If the defendant, because of his or
10her own misconduct or failure to comply with the institutional
11regulations, does not receive those credits, the actual time
12served in prison will be longer. The defendant may also receive
13an additional one-half day sentence credit for each day of
14participation in vocational, industry, substance abuse, and
15educational programs as provided for by Illinois statute."
16 When the sentence is imposed for one of the offenses
17enumerated in paragraph (a)(2) of Section 3-6-3, other than
18first degree murder, and the offense was committed on or after
19June 19, 1998, and when the sentence is imposed for reckless
20homicide as defined in subsection (e) of Section 9-3 of the
21Criminal Code of 1961 or the Criminal Code of 2012 if the
22offense was committed on or after January 1, 1999, and when the
23sentence is imposed for aggravated driving under the influence
24of alcohol, other drug or drugs, or intoxicating compound or
25compounds, or any combination thereof as defined in
26subparagraph (F) of paragraph (1) of subsection (d) of Section

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111-501 of the Illinois Vehicle Code, and when the sentence is
2imposed for aggravated arson if the offense was committed on or
3after July 27, 2001 (the effective date of Public Act 92-176),
4and when the sentence is imposed for aggravated driving under
5the influence of alcohol, other drug or drugs, or intoxicating
6compound or compounds, or any combination thereof as defined in
7subparagraph (C) of paragraph (1) of subsection (d) of Section
811-501 of the Illinois Vehicle Code committed on or after
9January 1, 2011 (the effective date of Public Act 96-1230), the
10judge's statement, to be given after pronouncing the sentence,
11shall include the following:
12 "The purpose of this statement is to inform the public of
13the actual period of time this defendant is likely to spend in
14prison as a result of this sentence. The actual period of
15prison time served is determined by the statutes of Illinois as
16applied to this sentence by the Illinois Department of
17Corrections and the Illinois Prisoner Review Board. In this
18case, the defendant is entitled to no more than 4 1/2 days of
19sentence credit for each month of his or her sentence of
20imprisonment. Therefore, this defendant will serve at least 85%
21of his or her sentence. Assuming the defendant receives 4 1/2
22days credit for each month of his or her sentence, the period
23of estimated actual custody is ... years and ... months. If the
24defendant, because of his or her own misconduct or failure to
25comply with the institutional regulations receives lesser
26credit, the actual time served in prison will be longer."

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1 When a sentence of imprisonment is imposed for first degree
2murder and the offense was committed on or after June 19, 1998,
3the judge's statement, to be given after pronouncing the
4sentence, shall include the following:
5 "The purpose of this statement is to inform the public of
6the actual period of time this defendant is likely to spend in
7prison as a result of this sentence. The actual period of
8prison time served is determined by the statutes of Illinois as
9applied to this sentence by the Illinois Department of
10Corrections and the Illinois Prisoner Review Board. In this
11case, the defendant is not entitled to sentence credit.
12Therefore, this defendant will serve 100% of his or her
13sentence."
14 When the sentencing order recommends placement in a
15substance abuse program for any offense that results in
16incarceration in a Department of Corrections facility and the
17crime was committed on or after September 1, 2003 (the
18effective date of Public Act 93-354), the judge's statement, in
19addition to any other judge's statement required under this
20Section, to be given after pronouncing the sentence, shall
21include the following:
22 "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

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1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant shall receive no sentence credit for good
3conduct under clause (3) of subsection (a) of Section 3-6-3
4until he or she participates in and completes a substance abuse
5treatment program or receives a waiver from the Director of
6Corrections pursuant to clause (4.5) of subsection (a) of
7Section 3-6-3."
8 (c-4) Before the sentencing hearing and as part of the
9presentence investigation under Section 5-3-1, the court shall
10inquire of the defendant whether the defendant is currently
11serving in or is a veteran of the Armed Forces of the United
12States. If the defendant is currently serving in the Armed
13Forces of the United States or is a veteran of the Armed Forces
14of the United States and has been diagnosed as having a mental
15illness by a qualified psychiatrist or clinical psychologist or
16physician, the court may:
17 (1) order that the officer preparing the presentence
18 report consult with the United States Department of
19 Veterans Affairs, Illinois Department of Veterans'
20 Affairs, or another agency or person with suitable
21 knowledge or experience for the purpose of providing the
22 court with information regarding treatment options
23 available to the defendant, including federal, State, and
24 local programming; and
25 (2) consider the treatment recommendations of any
26 diagnosing or treating mental health professionals

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1 together with the treatment options available to the
2 defendant in imposing sentence.
3 For the purposes of this subsection (c-4), "qualified
4psychiatrist" means a reputable physician licensed in Illinois
5to practice medicine in all its branches, who has specialized
6in the diagnosis and treatment of mental and nervous disorders
7for a period of not less than 5 years.
8 (c-6) In imposing a sentence, the trial judge shall
9specify, on the record, the particular evidence and other
10reasons which led to his or her determination that a motor
11vehicle was used in the commission of the offense.
12 (c-7) In imposing a sentence for a Class 3 or 4 felony,
13other than a violent crime as defined in Section 3 of the
14Rights of Crime Victims and Witnesses Act, the court shall
15determine and indicate in the sentencing order whether the
16defendant has 4 or more or fewer than 4 months remaining on his
17or her sentence accounting for time served.
18 (d) When the defendant is committed to the Department of
19Corrections, the State's Attorney shall and counsel for the
20defendant may file a statement with the clerk of the court to
21be transmitted to the department, agency or institution to
22which the defendant is committed to furnish such department,
23agency or institution with the facts and circumstances of the
24offense for which the person was committed together with all
25other factual information accessible to them in regard to the
26person prior to his commitment relative to his habits,

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1associates, disposition and reputation and any other facts and
2circumstances which may aid such department, agency or
3institution during its custody of such person. The clerk shall
4within 10 days after receiving any such statements transmit a
5copy to such department, agency or institution and a copy to
6the other party, provided, however, that this shall not be
7cause for delay in conveying the person to the department,
8agency or institution to which he has been committed.
9 (e) The clerk of the court shall transmit to the
10department, agency or institution, if any, to which the
11defendant is committed, the following:
12 (1) the sentence imposed;
13 (2) any statement by the court of the basis for
14 imposing the sentence;
15 (3) any presentence reports;
16 (3.5) any sex offender evaluations;
17 (3.6) any substance abuse treatment eligibility
18 screening and assessment of the defendant by an agent
19 designated by the State of Illinois to provide assessment
20 services for the Illinois courts;
21 (4) the number of days, if any, which the defendant has
22 been in custody and for which he is entitled to credit
23 against the sentence, which information shall be provided
24 to the clerk by the sheriff;
25 (4.1) any finding of great bodily harm made by the
26 court with respect to an offense enumerated in subsection

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1 (c-1);
2 (5) all statements filed under subsection (d) of this
3 Section;
4 (6) any medical or mental health records or summaries
5 of the defendant;
6 (7) the municipality where the arrest of the offender
7 or the commission of the offense has occurred, where such
8 municipality has a population of more than 25,000 persons;
9 (8) all statements made and evidence offered under
10 paragraph (7) of subsection (a) of this Section; and
11 (9) all additional matters which the court directs the
12 clerk to transmit.
13 (f) In cases in which the court finds that a motor vehicle
14was used in the commission of the offense for which the
15defendant is being sentenced, the clerk of the court shall,
16within 5 days thereafter, forward a report of such conviction
17to the Secretary of State.
18(Source: P.A. 99-861, eff. 1-1-17.)
19 (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
20 Sec. 5-8-6. Place of confinement.
21 (a) Except as otherwise provided in this subsection (a),
22offenders Offenders sentenced to a term of imprisonment for a
23felony shall be committed to the penitentiary system of the
24Department of Corrections. However, such sentence shall not
25limit the powers of the Department of Children and Family

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1Services in relation to any child under the age of one year in
2the sole custody of a person so sentenced, nor in relation to
3any child delivered by a female so sentenced while she is so
4confined as a consequence of such sentence. Except as otherwise
5provided in this subsection (a), a A person sentenced for a
6felony may be assigned by the Department of Corrections to any
7of its institutions, facilities or programs. An offender
8sentenced to a term of imprisonment for a Class 3 or 4 felony,
9other than a violent crime as defined in Section 3 of the
10Rights of Crime Victims and Witnesses Act, in which the
11sentencing order indicates that the offender has less than 4
12months remaining on his or her sentence accounting for time
13served may not be confined in the penitentiary system of the
14Department of Corrections but may be assigned to electronic
15home detention under Article 8A of this Chapter V, an adult
16transition center, or another facility or program within the
17Department of Corrections.
18 (b) Offenders sentenced to a term of imprisonment for less
19than one year shall be committed to the custody of the sheriff.
20A person committed to the Department of Corrections, prior to
21July 14, 1983, for less than one year may be assigned by the
22Department to any of its institutions, facilities or programs.
23 (c) All offenders under 18 years of age when sentenced to
24imprisonment shall be committed to the Department of Juvenile
25Justice and the court in its order of commitment shall set a
26definite term. The provisions of Section 3-3-3 shall be a part

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1of such commitment as fully as though written in the order of
2commitment. The place of confinement for sentences imposed
3before the effective date of this amendatory Act of the 99th
4General Assembly are not affected or abated by this amendatory
5Act of the 99th General Assembly.
6 (d) No defendant shall be committed to the Department of
7Corrections for the recovery of a fine or costs.
8 (e) When a court sentences a defendant to a term of
9imprisonment concurrent with a previous and unexpired sentence
10of imprisonment imposed by any district court of the United
11States, it may commit the offender to the custody of the
12Attorney General of the United States. The Attorney General of
13the United States, or the authorized representative of the
14Attorney General of the United States, shall be furnished with
15the warrant of commitment from the court imposing sentence,
16which warrant of commitment shall provide that, when the
17offender is released from federal confinement, whether by
18parole or by termination of sentence, the offender shall be
19transferred by the Sheriff of the committing county to the
20Department of Corrections. The court shall cause the Department
21to be notified of such sentence at the time of commitment and
22to be provided with copies of all records regarding the
23sentence.
24(Source: P.A. 99-628, eff. 1-1-17.)
25 Section 99. Effective date. This Act takes effect on
26January 1, 2019.
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