Bill Text: IL HB3882 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. Provides that notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment than the minimum sentence of imprisonment provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3882 Detail]

Download: Illinois-2017-HB3882-Engrossed.html



HB3882 EngrossedLRB100 11029 RLC 21844 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 Section 5-4-1 as follows:
6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
7 (Text of Section before amendment by P.A. 99-938)
8 Sec. 5-4-1. Sentencing hearing.
9 (a) Except when the death penalty is sought under hearing
10procedures otherwise specified, after a determination of
11guilt, a hearing shall be held to impose the sentence. However,
12prior to the imposition of sentence on an individual being
13sentenced for an offense based upon a charge for a violation of
14Section 11-501 of the Illinois Vehicle Code or a similar
15provision of a local ordinance, the individual must undergo a
16professional evaluation to determine if an alcohol or other
17drug abuse problem exists and the extent of such a problem.
18Programs conducting these evaluations shall be licensed by the
19Department of Human Services. However, if the individual is not
20a resident of Illinois, the court may, in its discretion,
21accept an evaluation from a program in the state of such
22individual's residence. The court may in its sentencing order
23approve an eligible defendant for placement in a Department of

HB3882 Engrossed- 2 -LRB100 11029 RLC 21844 b
1Corrections impact incarceration program as provided in
2Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
3order recommend a defendant for placement in a Department of
4Corrections substance abuse treatment program as provided in
5paragraph (a) of subsection (1) of Section 3-2-2 conditioned
6upon the defendant being accepted in a program by the
7Department of Corrections. At the hearing the court shall:
8 (1) consider the evidence, if any, received upon the
9 trial;
10 (2) consider any presentence reports;
11 (3) consider the financial impact of incarceration
12 based on the financial impact statement filed with the
13 clerk of the court by the Department of Corrections;
14 (4) consider evidence and information offered by the
15 parties in aggravation and mitigation;
16 (4.5) consider substance abuse treatment, eligibility
17 screening, and an assessment, if any, of the defendant by
18 an agent designated by the State of Illinois to provide
19 assessment services for the Illinois courts;
20 (5) hear arguments as to sentencing alternatives;
21 (6) afford the defendant the opportunity to make a
22 statement in his own behalf;
23 (7) afford the victim of a violent crime or a violation
24 of Section 11-501 of the Illinois Vehicle Code, or a
25 similar provision of a local ordinance, or a qualified
26 individual affected by: (i) a violation of Section 405,

HB3882 Engrossed- 3 -LRB100 11029 RLC 21844 b
1 405.1, 405.2, or 407 of the Illinois Controlled Substances
2 Act or a violation of Section 55 or Section 65 of the
3 Methamphetamine Control and Community Protection Act, or
4 (ii) a Class 4 felony violation of Section 11-14, 11-14.3
5 except as described in subdivisions (a)(2)(A) and
6 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
7 Criminal Code of 1961 or the Criminal Code of 2012,
8 committed by the defendant the opportunity to make a
9 statement concerning the impact on the victim and to offer
10 evidence in aggravation or mitigation; provided that the
11 statement and evidence offered in aggravation or
12 mitigation must first be prepared in writing in conjunction
13 with the State's Attorney before it may be presented orally
14 at the hearing. Any sworn testimony offered by the victim
15 is subject to the defendant's right to cross-examine. All
16 statements and evidence offered under this paragraph (7)
17 shall become part of the record of the court. For the
18 purpose of this paragraph (7), "qualified individual"
19 means any person who (i) lived or worked within the
20 territorial jurisdiction where the offense took place when
21 the offense took place; and (ii) is familiar with various
22 public places within the territorial jurisdiction where
23 the offense took place when the offense took place. For the
24 purposes of this paragraph (7), "qualified individual"
25 includes any peace officer, or any member of any duly
26 organized State, county, or municipal peace unit assigned

HB3882 Engrossed- 4 -LRB100 11029 RLC 21844 b
1 to the territorial jurisdiction where the offense took
2 place when the offense took place;
3 (8) in cases of reckless homicide afford the victim's
4 spouse, guardians, parents or other immediate family
5 members an opportunity to make oral statements;
6 (9) in cases involving a felony sex offense as defined
7 under the Sex Offender Management Board Act, consider the
8 results of the sex offender evaluation conducted pursuant
9 to Section 5-3-2 of this Act; and
10 (10) make a finding of whether a motor vehicle was used
11 in the commission of the offense for which the defendant is
12 being sentenced.
13 (b) All sentences shall be imposed by the judge based upon
14his independent assessment of the elements specified above and
15any agreement as to sentence reached by the parties. The judge
16who presided at the trial or the judge who accepted the plea of
17guilty shall impose the sentence unless he is no longer sitting
18as a judge in that court. Where the judge does not impose
19sentence at the same time on all defendants who are convicted
20as a result of being involved in the same offense, the
21defendant or the State's Attorney may advise the sentencing
22court of the disposition of any other defendants who have been
23sentenced.
24 (b-1) In imposing a sentence of imprisonment or periodic
25imprisonment for a Class 3 or Class 4 felony for which a
26sentence of probation or conditional discharge is an available

HB3882 Engrossed- 5 -LRB100 11029 RLC 21844 b
1sentence, if the defendant has no prior sentence of probation
2or conditional discharge and no prior conviction for a violent
3crime, the defendant shall not be sentenced to imprisonment
4before review and consideration of a presentence report and
5determination and explanation of why the particular evidence,
6information, factor in aggravation, factual finding, or other
7reasons support a sentencing determination that one or more of
8the factors under subsection (a) of Section 5-6-1 of this Code
9apply and that probation or conditional discharge is not an
10appropriate sentence.
11 (c) In imposing a sentence for a violent crime or for an
12offense of operating or being in physical control of a vehicle
13while under the influence of alcohol, any other drug or any
14combination thereof, or a similar provision of a local
15ordinance, when such offense resulted in the personal injury to
16someone other than the defendant, the trial judge shall specify
17on the record the particular evidence, information, factors in
18mitigation and aggravation or other reasons that led to his
19sentencing determination. The full verbatim record of the
20sentencing hearing shall be filed with the clerk of the court
21and shall be a public record.
22 (c-1) In imposing a sentence for the offense of aggravated
23kidnapping for ransom, home invasion, armed robbery,
24aggravated vehicular hijacking, aggravated discharge of a
25firearm, or armed violence with a category I weapon or category
26II weapon, the trial judge shall make a finding as to whether

HB3882 Engrossed- 6 -LRB100 11029 RLC 21844 b
1the conduct leading to conviction for the offense resulted in
2great bodily harm to a victim, and shall enter that finding and
3the basis for that finding in the record.
4 (c-2) If the defendant is sentenced to prison, other than
5when a sentence of natural life imprisonment or a sentence of
6death is imposed, at the time the sentence is imposed the judge
7shall state on the record in open court the approximate period
8of time the defendant will serve in custody according to the
9then current statutory rules and regulations for sentence
10credit found in Section 3-6-3 and other related provisions of
11this Code. This statement is intended solely to inform the
12public, has no legal effect on the defendant's actual release,
13and may not be relied on by the defendant on appeal.
14 The judge's statement, to be given after pronouncing the
15sentence, other than when the sentence is imposed for one of
16the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
17shall include the following:
18 "The purpose of this statement is to inform the public of
19the actual period of time this defendant is likely to spend in
20prison as a result of this sentence. The actual period of
21prison time served is determined by the statutes of Illinois as
22applied to this sentence by the Illinois Department of
23Corrections and the Illinois Prisoner Review Board. In this
24case, assuming the defendant receives all of his or her
25sentence credit, the period of estimated actual custody is ...
26years and ... months, less up to 180 days additional sentence

HB3882 Engrossed- 7 -LRB100 11029 RLC 21844 b
1credit for good conduct. If the defendant, because of his or
2her own misconduct or failure to comply with the institutional
3regulations, does not receive those credits, the actual time
4served in prison will be longer. The defendant may also receive
5an additional one-half day sentence credit for each day of
6participation in vocational, industry, substance abuse, and
7educational programs as provided for by Illinois statute."
8 When the sentence is imposed for one of the offenses
9enumerated in paragraph (a)(3) of Section 3-6-3, other than
10when the sentence is imposed for one of the offenses enumerated
11in paragraph (a)(2) of Section 3-6-3 committed on or after June
1219, 1998, and other than when the sentence is imposed for
13reckless homicide as defined in subsection (e) of Section 9-3
14of the Criminal Code of 1961 or the Criminal Code of 2012 if
15the offense was committed on or after January 1, 1999, and
16other than when the sentence is imposed for aggravated arson if
17the offense was committed on or after July 27, 2001 (the
18effective date of Public Act 92-176), and other than when the
19sentence is imposed for aggravated driving under the influence
20of alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof as defined in
22subparagraph (C) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code committed on or after
24January 1, 2011 (the effective date of Public Act 96-1230), the
25judge's statement, to be given after pronouncing the sentence,
26shall include the following:

HB3882 Engrossed- 8 -LRB100 11029 RLC 21844 b
1 "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, assuming the defendant receives all of his or her
8sentence credit, the period of estimated actual custody is ...
9years and ... months, less up to 90 days additional sentence
10credit for good conduct. If the defendant, because of his or
11her own misconduct or failure to comply with the institutional
12regulations, does not receive those credits, the actual time
13served in prison will be longer. The defendant may also receive
14an additional one-half day sentence credit for each day of
15participation in vocational, industry, substance abuse, and
16educational programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18enumerated in paragraph (a)(2) of Section 3-6-3, other than
19first degree murder, and the offense was committed on or after
20June 19, 1998, and when the sentence is imposed for reckless
21homicide as defined in subsection (e) of Section 9-3 of the
22Criminal Code of 1961 or the Criminal Code of 2012 if the
23offense was committed on or after January 1, 1999, and when the
24sentence is imposed for aggravated driving under the influence
25of alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof as defined in

HB3882 Engrossed- 9 -LRB100 11029 RLC 21844 b
1subparagraph (F) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code, and when the sentence is
3imposed for aggravated arson if the offense was committed on or
4after July 27, 2001 (the effective date of Public Act 92-176),
5and when the sentence is imposed for aggravated driving under
6the influence of alcohol, other drug or drugs, or intoxicating
7compound or compounds, or any combination thereof as defined in
8subparagraph (C) of paragraph (1) of subsection (d) of Section
911-501 of the Illinois Vehicle Code committed on or after
10January 1, 2011 (the effective date of Public Act 96-1230), the
11judge's statement, to be given after pronouncing the sentence,
12shall include the following:
13 "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois as
17applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant is entitled to no more than 4 1/2 days of
20sentence credit for each month of his or her sentence of
21imprisonment. Therefore, this defendant will serve at least 85%
22of his or her sentence. Assuming the defendant receives 4 1/2
23days credit for each month of his or her sentence, the period
24of estimated actual custody is ... years and ... months. If the
25defendant, because of his or her own misconduct or failure to
26comply with the institutional regulations receives lesser

HB3882 Engrossed- 10 -LRB100 11029 RLC 21844 b
1credit, the actual time served in prison will be longer."
2 When a sentence of imprisonment is imposed for first degree
3murder and the offense was committed on or after June 19, 1998,
4the judge's statement, to be given after pronouncing the
5sentence, shall include the following:
6 "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois as
10applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant is not entitled to sentence credit.
13Therefore, this defendant will serve 100% of his or her
14sentence."
15 When the sentencing order recommends placement in a
16substance abuse program for any offense that results in
17incarceration in a Department of Corrections facility and the
18crime was committed on or after September 1, 2003 (the
19effective date of Public Act 93-354), the judge's statement, in
20addition to any other judge's statement required under this
21Section, to be given after pronouncing the sentence, shall
22include the following:
23 "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois as

HB3882 Engrossed- 11 -LRB100 11029 RLC 21844 b
1applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant shall receive no sentence credit for good
4conduct under clause (3) of subsection (a) of Section 3-6-3
5until he or she participates in and completes a substance abuse
6treatment program or receives a waiver from the Director of
7Corrections pursuant to clause (4.5) of subsection (a) of
8Section 3-6-3."
9 (c-4) Before the sentencing hearing and as part of the
10presentence investigation under Section 5-3-1, the court shall
11inquire of the defendant whether the defendant is currently
12serving in or is a veteran of the Armed Forces of the United
13States. If the defendant is currently serving in the Armed
14Forces of the United States or is a veteran of the Armed Forces
15of the United States and has been diagnosed as having a mental
16illness by a qualified psychiatrist or clinical psychologist or
17physician, the court may:
18 (1) order that the officer preparing the presentence
19 report consult with the United States Department of
20 Veterans Affairs, Illinois Department of Veterans'
21 Affairs, or another agency or person with suitable
22 knowledge or experience for the purpose of providing the
23 court with information regarding treatment options
24 available to the defendant, including federal, State, and
25 local programming; and
26 (2) consider the treatment recommendations of any

HB3882 Engrossed- 12 -LRB100 11029 RLC 21844 b
1 diagnosing or treating mental health professionals
2 together with the treatment options available to the
3 defendant in imposing sentence.
4 For the purposes of this subsection (c-4), "qualified
5psychiatrist" means a reputable physician licensed in Illinois
6to practice medicine in all its branches, who has specialized
7in the diagnosis and treatment of mental and nervous disorders
8for a period of not less than 5 years.
9 (c-6) In imposing a sentence, the trial judge shall
10specify, on the record, the particular evidence and other
11reasons which led to his or her determination that a motor
12vehicle was used in the commission of the offense.
13 (d) When the defendant is committed to the Department of
14Corrections, the State's Attorney shall and counsel for the
15defendant may file a statement with the clerk of the court to
16be transmitted to the department, agency or institution to
17which the defendant is committed to furnish such department,
18agency or institution with the facts and circumstances of the
19offense for which the person was committed together with all
20other factual information accessible to them in regard to the
21person prior to his commitment relative to his habits,
22associates, disposition and reputation and any other facts and
23circumstances which may aid such department, agency or
24institution during its custody of such person. The clerk shall
25within 10 days after receiving any such statements transmit a
26copy to such department, agency or institution and a copy to

HB3882 Engrossed- 13 -LRB100 11029 RLC 21844 b
1the other party, provided, however, that this shall not be
2cause for delay in conveying the person to the department,
3agency or institution to which he has been committed.
4 (e) The clerk of the court shall transmit to the
5department, agency or institution, if any, to which the
6defendant is committed, the following:
7 (1) the sentence imposed;
8 (2) any statement by the court of the basis for
9 imposing the sentence;
10 (3) any presentence reports;
11 (3.5) any sex offender evaluations;
12 (3.6) any substance abuse treatment eligibility
13 screening and assessment of the defendant by an agent
14 designated by the State of Illinois to provide assessment
15 services for the Illinois courts;
16 (4) the number of days, if any, which the defendant has
17 been in custody and for which he is entitled to credit
18 against the sentence, which information shall be provided
19 to the clerk by the sheriff;
20 (4.1) any finding of great bodily harm made by the
21 court with respect to an offense enumerated in subsection
22 (c-1);
23 (5) all statements filed under subsection (d) of this
24 Section;
25 (6) any medical or mental health records or summaries
26 of the defendant;

HB3882 Engrossed- 14 -LRB100 11029 RLC 21844 b
1 (7) the municipality where the arrest of the offender
2 or the commission of the offense has occurred, where such
3 municipality has a population of more than 25,000 persons;
4 (8) all statements made and evidence offered under
5 paragraph (7) of subsection (a) of this Section; and
6 (9) all additional matters which the court directs the
7 clerk to transmit.
8 (f) In cases in which the court finds that a motor vehicle
9was used in the commission of the offense for which the
10defendant is being sentenced, the clerk of the court shall,
11within 5 days thereafter, forward a report of such conviction
12to the Secretary of State.
13(Source: P.A. 99-861, eff. 1-1-17.)
14 (Text of Section after amendment by P.A. 99-938)
15 Sec. 5-4-1. Sentencing hearing.
16 (a) Except when the death penalty is sought under hearing
17procedures otherwise specified, after a determination of
18guilt, a hearing shall be held to impose the sentence. However,
19prior to the imposition of sentence on an individual being
20sentenced for an offense based upon a charge for a violation of
21Section 11-501 of the Illinois Vehicle Code or a similar
22provision of a local ordinance, the individual must undergo a
23professional evaluation to determine if an alcohol or other
24drug abuse problem exists and the extent of such a problem.
25Programs conducting these evaluations shall be licensed by the

HB3882 Engrossed- 15 -LRB100 11029 RLC 21844 b
1Department of Human Services. However, if the individual is not
2a resident of Illinois, the court may, in its discretion,
3accept an evaluation from a program in the state of such
4individual's residence. The court may in its sentencing order
5approve an eligible defendant for placement in a Department of
6Corrections impact incarceration program as provided in
7Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
8order recommend a defendant for placement in a Department of
9Corrections substance abuse treatment program as provided in
10paragraph (a) of subsection (1) of Section 3-2-2 conditioned
11upon the defendant being accepted in a program by the
12Department of Corrections. At the hearing the court shall:
13 (1) consider the evidence, if any, received upon the
14 trial;
15 (2) consider any presentence reports;
16 (3) consider the financial impact of incarceration
17 based on the financial impact statement filed with the
18 clerk of the court by the Department of Corrections;
19 (4) consider evidence and information offered by the
20 parties in aggravation and mitigation;
21 (4.5) consider substance abuse treatment, eligibility
22 screening, and an assessment, if any, of the defendant by
23 an agent designated by the State of Illinois to provide
24 assessment services for the Illinois courts;
25 (5) hear arguments as to sentencing alternatives;
26 (6) afford the defendant the opportunity to make a

HB3882 Engrossed- 16 -LRB100 11029 RLC 21844 b
1 statement in his own behalf;
2 (7) afford the victim of a violent crime or a violation
3 of Section 11-501 of the Illinois Vehicle Code, or a
4 similar provision of a local ordinance, or a qualified
5 individual affected by: (i) a violation of Section 405,
6 405.1, 405.2, or 407 of the Illinois Controlled Substances
7 Act or a violation of Section 55 or Section 65 of the
8 Methamphetamine Control and Community Protection Act, or
9 (ii) a Class 4 felony violation of Section 11-14, 11-14.3
10 except as described in subdivisions (a)(2)(A) and
11 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
12 Criminal Code of 1961 or the Criminal Code of 2012,
13 committed by the defendant the opportunity to make a
14 statement concerning the impact on the victim and to offer
15 evidence in aggravation or mitigation; provided that the
16 statement and evidence offered in aggravation or
17 mitigation must first be prepared in writing in conjunction
18 with the State's Attorney before it may be presented orally
19 at the hearing. Any sworn testimony offered by the victim
20 is subject to the defendant's right to cross-examine. All
21 statements and evidence offered under this paragraph (7)
22 shall become part of the record of the court. For the
23 purpose of this paragraph (7), "qualified individual"
24 means any person who (i) lived or worked within the
25 territorial jurisdiction where the offense took place when
26 the offense took place; and (ii) is familiar with various

HB3882 Engrossed- 17 -LRB100 11029 RLC 21844 b
1 public places within the territorial jurisdiction where
2 the offense took place when the offense took place. For the
3 purposes of this paragraph (7), "qualified individual"
4 includes any peace officer, or any member of any duly
5 organized State, county, or municipal peace unit assigned
6 to the territorial jurisdiction where the offense took
7 place when the offense took place;
8 (8) in cases of reckless homicide afford the victim's
9 spouse, guardians, parents or other immediate family
10 members an opportunity to make oral statements;
11 (9) in cases involving a felony sex offense as defined
12 under the Sex Offender Management Board Act, consider the
13 results of the sex offender evaluation conducted pursuant
14 to Section 5-3-2 of this Act; and
15 (10) make a finding of whether a motor vehicle was used
16 in the commission of the offense for which the defendant is
17 being sentenced.
18 (b) All sentences shall be imposed by the judge based upon
19his independent assessment of the elements specified above and
20any agreement as to sentence reached by the parties. The judge
21who presided at the trial or the judge who accepted the plea of
22guilty shall impose the sentence unless he is no longer sitting
23as a judge in that court. Where the judge does not impose
24sentence at the same time on all defendants who are convicted
25as a result of being involved in the same offense, the
26defendant or the State's Attorney may advise the sentencing

HB3882 Engrossed- 18 -LRB100 11029 RLC 21844 b
1court of the disposition of any other defendants who have been
2sentenced.
3 (b-1) In imposing a sentence of imprisonment or periodic
4imprisonment for a Class 3 or Class 4 felony for which a
5sentence of probation or conditional discharge is an available
6sentence, if the defendant has no prior sentence of probation
7or conditional discharge and no prior conviction for a violent
8crime, the defendant shall not be sentenced to imprisonment
9before review and consideration of a presentence report and
10determination and explanation of why the particular evidence,
11information, factor in aggravation, factual finding, or other
12reasons support a sentencing determination that one or more of
13the factors under subsection (a) of Section 5-6-1 of this Code
14apply and that probation or conditional discharge is not an
15appropriate sentence.
16 (c) In imposing a sentence for a violent crime or for an
17offense of operating or being in physical control of a vehicle
18while under the influence of alcohol, any other drug or any
19combination thereof, or a similar provision of a local
20ordinance, when such offense resulted in the personal injury to
21someone other than the defendant, the trial judge shall specify
22on the record the particular evidence, information, factors in
23mitigation and aggravation or other reasons that led to his
24sentencing determination. The full verbatim record of the
25sentencing hearing shall be filed with the clerk of the court
26and shall be a public record.

HB3882 Engrossed- 19 -LRB100 11029 RLC 21844 b
1 (c-1) In imposing a sentence for the offense of aggravated
2kidnapping for ransom, home invasion, armed robbery,
3aggravated vehicular hijacking, aggravated discharge of a
4firearm, or armed violence with a category I weapon or category
5II weapon, the trial judge shall make a finding as to whether
6the conduct leading to conviction for the offense resulted in
7great bodily harm to a victim, and shall enter that finding and
8the basis for that finding in the record.
9 (c-1.5) Notwithstanding any other provision of law to the
10contrary, in imposing a sentence for an offense that requires a
11mandatory minimum sentence of imprisonment or probation or
12conditional discharge of 2 years or more, the court may
13sentence the offender to probation or conditional discharge or
14other non-imprisonment sentence it deems appropriate instead
15of to a sentence of imprisonment or to a lesser sentence of
16imprisonment, probation, or conditional discharge than the
17minimum sentence of imprisonment, probation, or conditional
18discharge provided for the offense if the court finds that the
19defendant does not pose a risk to public safety and the
20interest of justice requires the non-imposition of the
21mandatory sentence of imprisonment or a lesser sentence of
22imprisonment, probation, or conditional discharge. The court
23must state on the record its reasons for not imposing the
24minimum sentence of imprisonment or a lesser sentence of
25imprisonment, probation, or conditional discharge. If the
26defendant has been charged with an offense involving the use,

HB3882 Engrossed- 20 -LRB100 11029 RLC 21844 b
1possession, or discharge of a firearm, the court may not
2deviate from a mandatory minimum sentence or probation or
3conditional discharge requirement, unless it is the
4recommendation of a presentence investigation and there is
5clear articulable evidence that the defendant is not a threat
6to the public safety. This must be fully stated by the court
7into the record at the time of sentencing. An offender
8convicted of a sex offense under Article 11 of the Criminal
9Code of 2012 or an offense involving the infliction of great
10bodily harm may not be sentenced to a lesser term of
11imprisonment, probation, or conditional discharge under this
12subsection (c-1.5).
13 (c-2) If the defendant is sentenced to prison, other than
14when a sentence of natural life imprisonment or a sentence of
15death is imposed, at the time the sentence is imposed the judge
16shall state on the record in open court the approximate period
17of time the defendant will serve in custody according to the
18then current statutory rules and regulations for sentence
19credit found in Section 3-6-3 and other related provisions of
20this Code. This statement is intended solely to inform the
21public, has no legal effect on the defendant's actual release,
22and may not be relied on by the defendant on appeal.
23 The judge's statement, to be given after pronouncing the
24sentence, other than when the sentence is imposed for one of
25the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
26shall include the following:

HB3882 Engrossed- 21 -LRB100 11029 RLC 21844 b
1 "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, assuming the defendant receives all of his or her
8sentence credit, the period of estimated actual custody is ...
9years and ... months, less up to 180 days additional earned
10sentence credit. If the defendant, because of his or her own
11misconduct or failure to comply with the institutional
12regulations, does not receive those credits, the actual time
13served in prison will be longer. The defendant may also receive
14an additional one-half day sentence credit for each day of
15participation in vocational, industry, substance abuse, and
16educational programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18enumerated in paragraph (a)(2) of Section 3-6-3, other than
19first degree murder, and the offense was committed on or after
20June 19, 1998, and when the sentence is imposed for reckless
21homicide as defined in subsection (e) of Section 9-3 of the
22Criminal Code of 1961 or the Criminal Code of 2012 if the
23offense was committed on or after January 1, 1999, and when the
24sentence is imposed for aggravated driving under the influence
25of alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof as defined in

HB3882 Engrossed- 22 -LRB100 11029 RLC 21844 b
1subparagraph (F) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code, and when the sentence is
3imposed for aggravated arson if the offense was committed on or
4after July 27, 2001 (the effective date of Public Act 92-176),
5and when the sentence is imposed for aggravated driving under
6the influence of alcohol, other drug or drugs, or intoxicating
7compound or compounds, or any combination thereof as defined in
8subparagraph (C) of paragraph (1) of subsection (d) of Section
911-501 of the Illinois Vehicle Code committed on or after
10January 1, 2011 (the effective date of Public Act 96-1230), the
11judge's statement, to be given after pronouncing the sentence,
12shall include the following:
13 "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois as
17applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant is entitled to no more than 4 1/2 days of
20sentence credit for each month of his or her sentence of
21imprisonment. Therefore, this defendant will serve at least 85%
22of his or her sentence. Assuming the defendant receives 4 1/2
23days credit for each month of his or her sentence, the period
24of estimated actual custody is ... years and ... months. If the
25defendant, because of his or her own misconduct or failure to
26comply with the institutional regulations receives lesser

HB3882 Engrossed- 23 -LRB100 11029 RLC 21844 b
1credit, the actual time served in prison will be longer."
2 When a sentence of imprisonment is imposed for first degree
3murder and the offense was committed on or after June 19, 1998,
4the judge's statement, to be given after pronouncing the
5sentence, shall include the following:
6 "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois as
10applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant is not entitled to sentence credit.
13Therefore, this defendant will serve 100% of his or her
14sentence."
15 When the sentencing order recommends placement in a
16substance abuse program for any offense that results in
17incarceration in a Department of Corrections facility and the
18crime was committed on or after September 1, 2003 (the
19effective date of Public Act 93-354), the judge's statement, in
20addition to any other judge's statement required under this
21Section, to be given after pronouncing the sentence, shall
22include the following:
23 "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois as

HB3882 Engrossed- 24 -LRB100 11029 RLC 21844 b
1applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant shall receive no earned sentence credit
4under clause (3) of subsection (a) of Section 3-6-3 until he or
5she participates in and completes a substance abuse treatment
6program or receives a waiver from the Director of Corrections
7pursuant to clause (4.5) of subsection (a) of Section 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

HB3882 Engrossed- 25 -LRB100 11029 RLC 21844 b
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 (d) When the defendant is committed to the Department of
13Corrections, the State's Attorney shall and counsel for the
14defendant may file a statement with the clerk of the court to
15be transmitted to the department, agency or institution to
16which the defendant is committed to furnish such department,
17agency or institution with the facts and circumstances of the
18offense for which the person was committed together with all
19other factual information accessible to them in regard to the
20person prior to his commitment relative to his habits,
21associates, disposition and reputation and any other facts and
22circumstances which may aid such department, agency or
23institution during its custody of such person. The clerk shall
24within 10 days after receiving any such statements transmit a
25copy to such department, agency or institution and a copy to
26the other party, provided, however, that this shall not be

HB3882 Engrossed- 26 -LRB100 11029 RLC 21844 b
1cause for delay in conveying the person to the department,
2agency or institution to which he has been committed.
3 (e) The clerk of the court shall transmit to the
4department, agency or institution, if any, to which the
5defendant is committed, the following:
6 (1) the sentence imposed;
7 (2) any statement by the court of the basis for
8 imposing the sentence;
9 (3) any presentence reports;
10 (3.5) any sex offender evaluations;
11 (3.6) any substance abuse treatment eligibility
12 screening and assessment of the defendant by an agent
13 designated by the State of Illinois to provide assessment
14 services for the Illinois courts;
15 (4) the number of days, if any, which the defendant has
16 been in custody and for which he is entitled to credit
17 against the sentence, which information shall be provided
18 to the clerk by the sheriff;
19 (4.1) any finding of great bodily harm made by the
20 court with respect to an offense enumerated in subsection
21 (c-1);
22 (5) all statements filed under subsection (d) of this
23 Section;
24 (6) any medical or mental health records or summaries
25 of the defendant;
26 (7) the municipality where the arrest of the offender

HB3882 Engrossed- 27 -LRB100 11029 RLC 21844 b
1 or the commission of the offense has occurred, where such
2 municipality has a population of more than 25,000 persons;
3 (8) all statements made and evidence offered under
4 paragraph (7) of subsection (a) of this Section; and
5 (9) all additional matters which the court directs the
6 clerk to transmit.
7 (f) In cases in which the court finds that a motor vehicle
8was used in the commission of the offense for which the
9defendant is being sentenced, the clerk of the court shall,
10within 5 days thereafter, forward a report of such conviction
11to the Secretary of State.
12(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18.)
feedback