Bill Text: IL SB1607 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Controlled Substances Act. Makes a technical change in a Section concerning the prescription monitoring program.
Spectrum: Moderate Partisan Bill (Democrat 16-2)
Status: (Passed) 2018-01-08 - Public Act . . . . . . . . . 100-0575 [SB1607 Detail]
Download: Illinois-2017-SB1607-Enrolled.html
Bill Title: Amends the Illinois Controlled Substances Act. Makes a technical change in a Section concerning the prescription monitoring program.
Spectrum: Moderate Partisan Bill (Democrat 16-2)
Status: (Passed) 2018-01-08 - Public Act . . . . . . . . . 100-0575 [SB1607 Detail]
Download: Illinois-2017-SB1607-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Criminal Justice Information Act is | ||||||
5 | 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;
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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 | ||||||
17 | for federal, state ,
and local research studies, plans, | ||||||
18 | projects, proposals , and other information
relating to all | ||||||
19 | aspects of criminal justice system improvement and to | ||||||
20 | encourage
educational programs for citizen support of | ||||||
21 | State and local efforts to make
such improvements;
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22 | (d) To undertake research studies to aid in | ||||||
23 | accomplishing its purposes;
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1 | (e) To monitor the operation of existing criminal | ||||||
2 | justice information
systems in order to protect the | ||||||
3 | constitutional rights and privacy of
individuals about | ||||||
4 | whom criminal history record information has been | ||||||
5 | collected;
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6 | (f) To provide an effective administrative forum for | ||||||
7 | the protection of
the rights of individuals concerning | ||||||
8 | criminal history record information;
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9 | (g) To issue regulations, guidelines , and procedures | ||||||
10 | which ensure the privacy
and security of criminal history | ||||||
11 | record information
consistent with State and federal laws;
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12 | (h) To act as the sole administrative appeal body in | ||||||
13 | the State of
Illinois to conduct hearings and make final | ||||||
14 | determinations concerning
individual challenges to the | ||||||
15 | completeness and accuracy of criminal
history record | ||||||
16 | information;
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17 | (i) To act as the sole, official, criminal justice body | ||||||
18 | in the State of
Illinois to conduct annual and periodic | ||||||
19 | audits of the procedures, policies,
and practices of the | ||||||
20 | State central repositories for criminal history
record | ||||||
21 | information to verify compliance with federal and state | ||||||
22 | laws and
regulations governing such information;
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23 | (j) To advise the Authority's Statistical Analysis | ||||||
24 | Center;
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25 | (k) To apply for, receive, establish priorities for, | ||||||
26 | allocate, disburse ,
and spend grants of funds that are made |
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1 | available by and received on or
after January 1, 1983 from | ||||||
2 | private sources or from the United States pursuant
to the | ||||||
3 | federal Crime Control Act of 1973, as amended, and similar | ||||||
4 | federal
legislation, and to enter into agreements with the | ||||||
5 | United States government
to further the purposes of this | ||||||
6 | Act, or as may be required as a condition
of obtaining | ||||||
7 | federal funds;
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8 | (l) To receive, expend , and account for such funds of | ||||||
9 | the State of Illinois
as may be made available to further | ||||||
10 | the purposes of this Act;
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11 | (m) To enter into contracts and to cooperate with units | ||||||
12 | of general local
government or combinations of such units, | ||||||
13 | State agencies, and criminal justice
system agencies of | ||||||
14 | other states for the purpose of carrying out the duties
of | ||||||
15 | the Authority imposed by this Act or by the federal Crime | ||||||
16 | Control Act
of 1973, as amended;
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17 | (n) To enter into contracts and cooperate with units of | ||||||
18 | general local
government outside of Illinois, other | ||||||
19 | states' agencies, and private
organizations outside of | ||||||
20 | Illinois to provide computer software or design
that has | ||||||
21 | been developed for the Illinois criminal justice system, or | ||||||
22 | to
participate in the cooperative development or design of | ||||||
23 | new software or
systems to be used by the Illinois criminal | ||||||
24 | justice system. Revenues
received as a result of such | ||||||
25 | arrangements shall be deposited in the
Criminal Justice | ||||||
26 | Information Systems Trust Fund;
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1 | (o) To establish general policies concerning criminal | ||||||
2 | justice information
systems and to promulgate such rules, | ||||||
3 | regulations , and procedures as are
necessary to the | ||||||
4 | operation of the Authority and to the uniform consideration
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5 | of appeals and audits;
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6 | (p) To advise and to make recommendations to the | ||||||
7 | Governor and the General
Assembly on policies relating to | ||||||
8 | criminal justice information systems;
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9 | (q) To direct all other agencies under the jurisdiction | ||||||
10 | of the Governor
to provide whatever assistance and | ||||||
11 | information the Authority may lawfully
require to carry out | ||||||
12 | its functions;
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13 | (r) To exercise any other powers that are reasonable | ||||||
14 | and necessary to
fulfill the responsibilities of the | ||||||
15 | Authority under this Act and to comply
with the | ||||||
16 | requirements of applicable federal law or regulation;
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17 | (s) To exercise the rights, powers , and duties which | ||||||
18 | have been vested
in the Authority by the " Illinois Uniform | ||||||
19 | Conviction Information Act ",
enacted by the 85th General | ||||||
20 | Assembly, as hereafter amended ;
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21 | (t) (Blank);
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22 | (u) To exercise the rights, powers, and duties vested | ||||||
23 | in the Authority by the Illinois Public Safety Agency | ||||||
24 | Network Act; | ||||||
25 | (v) To provide technical assistance in the form of | ||||||
26 | training to local governmental entities within Illinois |
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1 | requesting such assistance for the purposes of procuring | ||||||
2 | grants for gang intervention and gang prevention programs | ||||||
3 | or other criminal justice programs from the United States | ||||||
4 | Department of Justice; and | ||||||
5 | (w) To conduct strategic planning and provide | ||||||
6 | technical assistance to implement comprehensive trauma | ||||||
7 | recovery services for violent crime victims in underserved | ||||||
8 | communities with high levels of violent crime, with the | ||||||
9 | goal of providing a safe, community-based, culturally | ||||||
10 | competent environment in which to access services | ||||||
11 | necessary to facilitate recovery from the effects of | ||||||
12 | chronic and repeat exposure to trauma. Services may | ||||||
13 | include, but are not limited to, behavioral health | ||||||
14 | treatment, financial recovery, family support and | ||||||
15 | relocation assistance, and support in navigating the legal | ||||||
16 | system ; and . | ||||||
17 | (x) To coordinate statewide violence prevention | ||||||
18 | efforts and assist in the implementation of trauma recovery | ||||||
19 | centers and analyze trauma recovery services. The | ||||||
20 | Authority shall develop, publish, and facilitate the | ||||||
21 | implementation of a 4-year statewide violence prevention | ||||||
22 | plan, which shall incorporate public health, public | ||||||
23 | safety, victim services, and trauma recovery centers and | ||||||
24 | services. | ||||||
25 | The requirement for reporting to the General Assembly shall | ||||||
26 | be satisfied
by filing copies of the report with the Speaker, |
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1 | the Minority Leader , and
the Clerk of the House of | ||||||
2 | Representatives , and the President, the Minority
Leader , and | ||||||
3 | the Secretary of the Senate , and the Legislative Research
Unit, | ||||||
4 | as required by Section 3.1 of the General Assembly Organization | ||||||
5 | Act "An Act to revise the law in relation
to the General | ||||||
6 | Assembly", approved February 25, 1874, as amended , and
filing | ||||||
7 | such additional copies with the State Government Report | ||||||
8 | Distribution
Center for the General Assembly as is required | ||||||
9 | under paragraph (t) of
Section 7 of the State Library Act.
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10 | (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; | ||||||
11 | revised 10-2-17.)
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12 | Section 10. The Illinois Vehicle Code is amended by | ||||||
13 | changing Section 6-303 as follows:
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14 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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15 | (Text of Section before amendment by P.A. 100-149 )
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16 | Sec. 6-303. Driving while driver's license, permit or | ||||||
17 | privilege to
operate a motor vehicle is suspended or revoked.
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18 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
19 | person who drives or is in actual physical control of a motor
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20 | vehicle on any highway of this State at a time when such | ||||||
21 | person's driver's
license, permit or privilege to do so or the | ||||||
22 | privilege to obtain a driver's
license or permit is revoked or | ||||||
23 | suspended as provided by this Code or the law
of another state, | ||||||
24 | except as may be specifically allowed by a judicial driving
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1 | permit issued prior to January 1, 2009, monitoring device | ||||||
2 | driving permit, family financial responsibility driving | ||||||
3 | permit, probationary
license to drive, or a restricted driving | ||||||
4 | permit issued pursuant to this Code
or under the law of another | ||||||
5 | state, shall be guilty of a Class A misdemeanor.
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6 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
7 | this Section is a Class 4 felony if committed by a person whose | ||||||
8 | driving or operation of a motor vehicle is the proximate cause | ||||||
9 | of a motor vehicle accident that causes personal injury or | ||||||
10 | death to another. For purposes of this subsection, a personal | ||||||
11 | injury includes any Type A injury as indicated on the traffic | ||||||
12 | accident report completed by a law enforcement officer that | ||||||
13 | requires immediate professional attention in either a doctor's | ||||||
14 | office or a medical facility. A Type A injury includes severe | ||||||
15 | bleeding wounds, distorted extremities, and injuries that | ||||||
16 | require the injured party to be carried from the scene. | ||||||
17 | (a-5) Any person who violates this Section as provided in | ||||||
18 | subsection (a) while his or her driver's license, permit or | ||||||
19 | privilege is revoked because of a violation of Section 9-3 of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
21 | relating to the offense of reckless homicide or a similar | ||||||
22 | provision of a law of another state, is guilty of a Class 4 | ||||||
23 | felony. The person shall be required to undergo a professional | ||||||
24 | evaluation, as provided in Section 11-501 of this Code, to | ||||||
25 | determine if an alcohol, drug, or intoxicating compound problem | ||||||
26 | exists and the extent of the problem, and to undergo the |
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1 | imposition of treatment as appropriate.
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2 | (a-10) A person's driver's license, permit, or privilege to | ||||||
3 | obtain a driver's license or permit may be subject to multiple | ||||||
4 | revocations, multiple suspensions, or any combination of both | ||||||
5 | simultaneously. No revocation or suspension shall serve to | ||||||
6 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
7 | effect of any other revocation or suspension entered prior or | ||||||
8 | subsequent to any other revocation or suspension. | ||||||
9 | (b) (Blank). | ||||||
10 | (b-1) Upon receiving a report of the conviction of any | ||||||
11 | violation indicating a person was operating a motor vehicle | ||||||
12 | during the time when the person's driver's license, permit or | ||||||
13 | privilege was suspended by the Secretary of State or the | ||||||
14 | driver's licensing administrator of another state, except as | ||||||
15 | specifically allowed by a probationary license, judicial | ||||||
16 | driving permit, restricted driving permit or monitoring device | ||||||
17 | driving permit the Secretary shall extend the suspension for | ||||||
18 | the same period of time as the originally imposed suspension | ||||||
19 | unless the suspension has already expired, in which case the | ||||||
20 | Secretary shall be authorized to suspend the person's driving | ||||||
21 | privileges for the same period of time as the originally | ||||||
22 | imposed suspension. | ||||||
23 | (b-2) Except as provided in subsection (b-6), upon | ||||||
24 | receiving a report of the conviction of any violation | ||||||
25 | indicating a person was operating a motor vehicle when the | ||||||
26 | person's driver's license, permit or privilege was revoked by |
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1 | the Secretary of State or the driver's license administrator of | ||||||
2 | any other state, except as specifically allowed by a restricted | ||||||
3 | driving permit issued pursuant to this Code or the law of | ||||||
4 | another state, the Secretary shall not issue a driver's license | ||||||
5 | for an additional period of one year from the date of such | ||||||
6 | conviction indicating such person was operating a vehicle | ||||||
7 | during such period of revocation. | ||||||
8 | (b-3) (Blank).
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9 | (b-4) When the Secretary of State receives a report of a | ||||||
10 | conviction of any violation indicating a person was operating a | ||||||
11 | motor vehicle that was not equipped with an ignition interlock | ||||||
12 | device during a time when the person was prohibited from | ||||||
13 | operating a motor vehicle not equipped with such a device, the | ||||||
14 | Secretary shall not issue a driver's license to that person for | ||||||
15 | an additional period of one year from the date of the | ||||||
16 | conviction.
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17 | (b-5) Any person convicted of violating this Section shall | ||||||
18 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
19 | 300
hours of community service
when the person's driving | ||||||
20 | privilege was revoked or suspended as a result of a violation | ||||||
21 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
23 | a similar provision of a law of another state.
The court may | ||||||
24 | give credit toward the fulfillment of community service hours | ||||||
25 | for participation in activities and treatment as determined by | ||||||
26 | court services. |
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1 | (b-6) Upon receiving a report of a first conviction of | ||||||
2 | operating a motor vehicle while the person's driver's license, | ||||||
3 | permit or privilege was revoked where the revocation was for a | ||||||
4 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 relating to the offense of reckless | ||||||
6 | homicide or a similar out-of-state offense, the Secretary shall | ||||||
7 | not issue a driver's license for an additional period of three | ||||||
8 | years from the date of such conviction. | ||||||
9 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
10 | person convicted of violating this Section shall serve a | ||||||
11 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
12 | of community service
when the person's driving privilege was | ||||||
13 | revoked or suspended as a result of:
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14 | (1) a violation of Section 11-501 of this Code or a | ||||||
15 | similar provision
of a local ordinance relating to the | ||||||
16 | offense of operating or being in physical
control of a | ||||||
17 | vehicle while under the influence of alcohol, any other | ||||||
18 | drug
or any combination thereof; or
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19 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
20 | this Code or a
similar provision of a local ordinance | ||||||
21 | relating to the offense of leaving the
scene of a motor | ||||||
22 | vehicle accident involving personal injury or death; or
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23 | (3)
a statutory summary suspension or revocation under | ||||||
24 | Section 11-501.1 of this
Code.
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25 | Such sentence of imprisonment or community service shall | ||||||
26 | not be subject
to suspension in order to reduce such sentence.
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1 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
2 | person convicted of a
second violation of this Section shall be | ||||||
3 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
4 | community service. The court may give credit toward the | ||||||
5 | fulfillment of community service hours for participation in | ||||||
6 | activities and treatment as determined by court services.
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7 | (c-2) In addition to other penalties imposed under this | ||||||
8 | Section, the
court may impose on any person convicted a fourth | ||||||
9 | time of violating this
Section any of
the following:
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10 | (1) Seizure of the license plates of the person's | ||||||
11 | vehicle.
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12 | (2) Immobilization of the person's vehicle for a period | ||||||
13 | of time
to be determined by the court.
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14 | (c-3) Any person convicted of a violation of this Section | ||||||
15 | during a period of summary suspension imposed pursuant to | ||||||
16 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
17 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
18 | imprisonment of 30 days. | ||||||
19 | (c-4) Any person who has been issued a MDDP or a restricted | ||||||
20 | driving permit which requires the person to operate only motor | ||||||
21 | vehicles equipped with an ignition interlock device and who is | ||||||
22 | convicted of a violation of this Section as a result of | ||||||
23 | operating or being in actual physical control of a motor | ||||||
24 | vehicle not equipped with an ignition interlock device at the | ||||||
25 | time of the offense shall be guilty of a Class 4 felony and | ||||||
26 | shall serve a minimum term of imprisonment of 30 days.
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1 | (c-5) Any person convicted of a second violation of this
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2 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
3 | probation or conditional discharge, and shall serve a mandatory | ||||||
4 | term of
imprisonment, if: | ||||||
5 | (1) the current violation occurred when the person's | ||||||
6 | driver's license was suspended or revoked for a violation | ||||||
7 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
9 | or a similar out-of-state offense; and | ||||||
10 | (2) the prior conviction under this Section occurred | ||||||
11 | while the person's driver's license was suspended or | ||||||
12 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
13 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
14 | offense of reckless homicide, or a similar out-of-state | ||||||
15 | offense, or was suspended or revoked for a violation of | ||||||
16 | Section 11-401 or 11-501 of this Code, a similar | ||||||
17 | out-of-state offense, a similar provision of a local | ||||||
18 | ordinance, or a statutory summary suspension or revocation | ||||||
19 | under Section 11-501.1 of this Code.
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20 | (d) Any person convicted of a second violation of this
| ||||||
21 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
22 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
23 | community service, as determined by the
court, if: | ||||||
24 | (1) the current violation occurred when the person's | ||||||
25 | driver's license was suspended or revoked for a violation | ||||||
26 | of Section 11-401 or 11-501 of this Code,
a similar |
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| |||||||
1 | out-of-state offense, a similar provision of a local
| ||||||
2 | ordinance, or a
statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1 of this Code; and | ||||||
4 | (2) the prior conviction under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
7 | Code, a similar out-of-state offense, a similar provision | ||||||
8 | of a local ordinance, or a statutory summary suspension or | ||||||
9 | revocation under Section 11-501.1 of this Code, or for a | ||||||
10 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a similar out-of-state offense.
| ||||||
13 | (3) The court may give credit toward the fulfillment of | ||||||
14 | community service hours for participation in activities | ||||||
15 | and treatment as determined by court services. | ||||||
16 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
17 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
18 | of this Section shall serve a minimum term of
imprisonment of | ||||||
19 | 30 days or 300 hours of community service, as determined by the
| ||||||
20 | court. The court may give credit toward the fulfillment of | ||||||
21 | community service hours for participation in activities and | ||||||
22 | treatment as determined by court services.
| ||||||
23 | (d-2) Any person convicted of a third violation of this
| ||||||
24 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
25 | term of
imprisonment of 30 days, if: | ||||||
26 | (1) the current violation occurred when the person's |
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1 | driver's license was suspended or revoked for a violation | ||||||
2 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
3 | out-of-state offense, or a similar provision of a local
| ||||||
4 | ordinance, or a
statutory summary suspension or revocation | ||||||
5 | under Section 11-501.1 of this Code; and | ||||||
6 | (2) the prior convictions under this Section occurred | ||||||
7 | while the person's driver's license was suspended or | ||||||
8 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
9 | Code, a similar out-of-state offense, a similar provision | ||||||
10 | of a local ordinance, or a statutory summary suspension or | ||||||
11 | revocation under Section 11-501.1 of this Code, or for a | ||||||
12 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012, relating to the offense of | ||||||
14 | reckless homicide, or a similar out-of-state offense.
| ||||||
15 | (d-2.5) Any person convicted of a third violation of this
| ||||||
16 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
17 | probation or conditional discharge, and must serve a mandatory | ||||||
18 | term of
imprisonment, if: | ||||||
19 | (1) the current violation occurred while the person's | ||||||
20 | driver's license was suspended or revoked for a violation | ||||||
21 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, relating to the offense of reckless homicide, | ||||||
23 | or a similar out-of-state offense.
The person's driving | ||||||
24 | privileges shall be revoked for the remainder of the | ||||||
25 | person's life; and | ||||||
26 | (2) the prior convictions under this Section occurred |
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| |||||||
1 | while the person's driver's license was suspended or | ||||||
2 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
3 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
4 | offense of reckless homicide, or a similar out-of-state | ||||||
5 | offense, or was suspended or revoked for a violation of | ||||||
6 | Section 11-401 or 11-501 of this Code, a similar | ||||||
7 | out-of-state offense, a similar provision of a local | ||||||
8 | ordinance, or a statutory summary suspension or revocation | ||||||
9 | under Section 11-501.1 of this Code. | ||||||
10 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
11 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
12 | of a Class 4 felony and must serve a minimum term of
| ||||||
13 | imprisonment of 180 days, if: | ||||||
14 | (1) the current violation occurred when the person's | ||||||
15 | driver's license was suspended or revoked for a
violation | ||||||
16 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
17 | out-of-state
offense, a similar provision of a local | ||||||
18 | ordinance, or a statutory
summary suspension or revocation | ||||||
19 | under Section 11-501.1 of this Code; and | ||||||
20 | (2) the prior convictions under this Section occurred | ||||||
21 | while the person's driver's license was suspended or | ||||||
22 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
23 | Code, a similar out-of-state offense, a similar provision | ||||||
24 | of a local ordinance, or a statutory summary suspension or | ||||||
25 | revocation under Section 11-501.1 of this Code, or for a | ||||||
26 | violation of Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, relating to the offense of | ||||||
2 | reckless homicide, or a similar out-of-state offense.
| ||||||
3 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
4 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
5 | eligible for probation or conditional discharge, and must serve | ||||||
6 | a mandatory term of
imprisonment, and is eligible for an | ||||||
7 | extended term, if: | ||||||
8 | (1) the current violation occurred when the person's | ||||||
9 | driver's license was suspended or revoked for a
violation | ||||||
10 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012, relating to the offense of reckless homicide, | ||||||
12 | or a similar out-of-state offense; and | ||||||
13 | (2) the prior convictions under this Section occurred | ||||||
14 | while the person's driver's license was suspended or | ||||||
15 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
16 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
17 | offense of reckless homicide, or a similar out-of-state | ||||||
18 | offense, or was suspended or revoked for a violation of | ||||||
19 | Section 11-401 or 11-501 of this Code, a similar | ||||||
20 | out-of-state offense, a similar provision of a local | ||||||
21 | ordinance, or a statutory summary suspension or revocation | ||||||
22 | under Section 11-501.1 of this Code.
| ||||||
23 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
24 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
25 | of a Class 3 felony, and is not eligible for probation or | ||||||
26 | conditional discharge, if: |
| |||||||
| |||||||
1 | (1) the current violation occurred when the person's | ||||||
2 | driver's license was suspended or revoked for a violation | ||||||
3 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
4 | out-of-state offense, or a similar provision of a local | ||||||
5 | ordinance, or a statutory summary suspension or revocation | ||||||
6 | under Section 11-501.1 of this Code; and | ||||||
7 | (2) the prior convictions under this Section occurred | ||||||
8 | while the person's driver's license was suspended or | ||||||
9 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
10 | Code, a similar out-of-state offense, a similar provision | ||||||
11 | of a local ordinance, or a statutory suspension or | ||||||
12 | revocation under Section 11-501.1 of this Code, or for a | ||||||
13 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012, relating to the offense of | ||||||
15 | reckless homicide, or a similar out-of-state offense. | ||||||
16 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
17 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
18 | not eligible for probation or conditional discharge, if: | ||||||
19 | (1) the current violation occurred when the person's | ||||||
20 | driver's license was suspended or revoked for a violation | ||||||
21 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
22 | out-of-state offense, or a similar provision of a local | ||||||
23 | ordinance, or a statutory summary suspension or revocation | ||||||
24 | under Section 11-501.1 of this Code; and | ||||||
25 | (2) the prior convictions under this Section occurred | ||||||
26 | while the person's driver's license was suspended or |
| |||||||
| |||||||
1 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
2 | Code, a similar out-of-state offense, a similar provision | ||||||
3 | of a local ordinance, or a statutory summary suspension or | ||||||
4 | revocation under Section 11-501.1 of this Code, or for a | ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, relating to the offense of | ||||||
7 | reckless homicide, or a similar out-of-state offense.
| ||||||
8 | (e) Any person in violation of this Section who is also in | ||||||
9 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
10 | insurance requirements, in
addition to other penalties imposed | ||||||
11 | under this Section, shall have his or her
motor vehicle | ||||||
12 | immediately impounded by the arresting law enforcement | ||||||
13 | officer.
The motor vehicle may be released to any licensed | ||||||
14 | driver upon a showing of
proof of insurance for the vehicle | ||||||
15 | that was impounded and the notarized written
consent for the | ||||||
16 | release by the vehicle owner.
| ||||||
17 | (f) For any prosecution under this Section, a certified | ||||||
18 | copy of the
driving abstract of the defendant shall be admitted | ||||||
19 | as proof of any prior
conviction.
| ||||||
20 | (g) The motor vehicle used in a violation of this Section | ||||||
21 | is subject
to seizure and forfeiture as provided in Sections | ||||||
22 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
23 | driving privilege was revoked
or suspended as a result of: | ||||||
24 | (1) a violation of Section 11-501 of this Code, a | ||||||
25 | similar provision
of a local ordinance, or a similar | ||||||
26 | provision of a law of another state; |
| |||||||
| |||||||
1 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
2 | this Code, a
similar provision of a local ordinance, or a | ||||||
3 | similar provision of a law of another state; | ||||||
4 | (3) a statutory summary suspension or revocation under | ||||||
5 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
6 | law of another state; or | ||||||
7 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
9 | of reckless homicide, or a similar provision of a law of | ||||||
10 | another state.
| ||||||
11 | (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; | ||||||
12 | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. | ||||||
13 | 1-1-16 .)
| ||||||
14 | (Text of Section after amendment by P.A. 100-149 ) | ||||||
15 | Sec. 6-303. Driving while driver's license, permit or | ||||||
16 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
17 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
18 | person who drives or is in actual physical control of a motor
| ||||||
19 | vehicle on any highway of this State at a time when such | ||||||
20 | person's driver's
license, permit or privilege to do so or the | ||||||
21 | privilege to obtain a driver's
license or permit is revoked or | ||||||
22 | suspended as provided by this Code or the law
of another state, | ||||||
23 | except as may be specifically allowed by a judicial driving
| ||||||
24 | permit issued prior to January 1, 2009, monitoring device | ||||||
25 | driving permit, family financial responsibility driving |
| |||||||
| |||||||
1 | permit, probationary
license to drive, or a restricted driving | ||||||
2 | permit issued pursuant to this Code
or under the law of another | ||||||
3 | state, shall be guilty of a Class A misdemeanor.
| ||||||
4 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
5 | this Section is a Class 4 felony if committed by a person whose | ||||||
6 | driving or operation of a motor vehicle is the proximate cause | ||||||
7 | of a motor vehicle accident that causes personal injury or | ||||||
8 | death to another. For purposes of this subsection, a personal | ||||||
9 | injury includes any Type A injury as indicated on the traffic | ||||||
10 | accident report completed by a law enforcement officer that | ||||||
11 | requires immediate professional attention in either a doctor's | ||||||
12 | office or a medical facility. A Type A injury includes severe | ||||||
13 | bleeding wounds, distorted extremities, and injuries that | ||||||
14 | require the injured party to be carried from the scene. | ||||||
15 | (a-5) Any person who violates this Section as provided in | ||||||
16 | subsection (a) while his or her driver's license, permit or | ||||||
17 | privilege is revoked because of a violation of Section 9-3 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
19 | relating to the offense of reckless homicide, or a violation of | ||||||
20 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
21 | 11-501 of this Code, relating to the offense of aggravated | ||||||
22 | driving under the influence of alcohol, other drug or drugs, or | ||||||
23 | intoxicating compound or compounds, or any combination thereof | ||||||
24 | when the violation was a proximate cause of a death, or a | ||||||
25 | similar provision of a law of another state, is guilty of a | ||||||
26 | Class 4 felony. The person shall be required to undergo a |
| |||||||
| |||||||
1 | professional evaluation, as provided in Section 11-501 of this | ||||||
2 | Code, to determine if an alcohol, drug, or intoxicating | ||||||
3 | compound problem exists and the extent of the problem, and to | ||||||
4 | undergo the imposition of treatment as appropriate.
| ||||||
5 | (a-10) A person's driver's license, permit, or privilege to | ||||||
6 | obtain a driver's license or permit may be subject to multiple | ||||||
7 | revocations, multiple suspensions, or any combination of both | ||||||
8 | simultaneously. No revocation or suspension shall serve to | ||||||
9 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
10 | effect of any other revocation or suspension entered prior or | ||||||
11 | subsequent to any other revocation or suspension. | ||||||
12 | (b) (Blank). | ||||||
13 | (b-1) Upon receiving a report of the conviction of any | ||||||
14 | violation indicating a person was operating a motor vehicle | ||||||
15 | during the time when the person's driver's license, permit or | ||||||
16 | privilege was suspended by the Secretary of State or the | ||||||
17 | driver's licensing administrator of another state, except as | ||||||
18 | specifically allowed by a probationary license, judicial | ||||||
19 | driving permit, restricted driving permit or monitoring device | ||||||
20 | driving permit the Secretary shall extend the suspension for | ||||||
21 | the same period of time as the originally imposed suspension | ||||||
22 | unless the suspension has already expired, in which case the | ||||||
23 | Secretary shall be authorized to suspend the person's driving | ||||||
24 | privileges for the same period of time as the originally | ||||||
25 | imposed suspension. | ||||||
26 | (b-2) Except as provided in subsection (b-6), upon |
| |||||||
| |||||||
1 | receiving a report of the conviction of any violation | ||||||
2 | indicating a person was operating a motor vehicle when the | ||||||
3 | person's driver's license, permit or privilege was revoked by | ||||||
4 | the Secretary of State or the driver's license administrator of | ||||||
5 | any other state, except as specifically allowed by a restricted | ||||||
6 | driving permit issued pursuant to this Code or the law of | ||||||
7 | another state, the Secretary shall not issue a driver's license | ||||||
8 | for an additional period of one year from the date of such | ||||||
9 | conviction indicating such person was operating a vehicle | ||||||
10 | during such period of revocation. | ||||||
11 | (b-3) (Blank).
| ||||||
12 | (b-4) When the Secretary of State receives a report of a | ||||||
13 | conviction of any violation indicating a person was operating a | ||||||
14 | motor vehicle that was not equipped with an ignition interlock | ||||||
15 | device during a time when the person was prohibited from | ||||||
16 | operating a motor vehicle not equipped with such a device, the | ||||||
17 | Secretary shall not issue a driver's license to that person for | ||||||
18 | an additional period of one year from the date of the | ||||||
19 | conviction.
| ||||||
20 | (b-5) Any person convicted of violating this Section shall | ||||||
21 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
22 | 300
hours of community service
when the person's driving | ||||||
23 | privilege was revoked or suspended as a result of a violation | ||||||
24 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
26 | a violation of subparagraph (F) of paragraph (1) of subsection |
| |||||||
| |||||||
1 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
2 | aggravated driving under the influence of alcohol, other drug | ||||||
3 | or drugs, or intoxicating compound or compounds, or any | ||||||
4 | combination thereof when the violation was a proximate cause of | ||||||
5 | a death, or a similar provision of a law of another state.
The | ||||||
6 | court may give credit toward the fulfillment of community | ||||||
7 | service hours for participation in activities and treatment as | ||||||
8 | determined by court services. | ||||||
9 | (b-6) Upon receiving a report of a first conviction of | ||||||
10 | operating a motor vehicle while the person's driver's license, | ||||||
11 | permit or privilege was revoked where the revocation was for a | ||||||
12 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 relating to the offense of reckless | ||||||
14 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
15 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
16 | the offense of aggravated driving under the influence of | ||||||
17 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
18 | compounds, or any combination thereof when the violation was a | ||||||
19 | proximate cause of a death, or a similar out-of-state offense, | ||||||
20 | the Secretary shall not issue a driver's license for an | ||||||
21 | additional period of three years from the date of such | ||||||
22 | conviction. | ||||||
23 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
24 | person convicted of violating this Section shall serve a | ||||||
25 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
26 | of community service
when the person's driving privilege was |
| |||||||
| |||||||
1 | revoked or suspended as a result of:
| ||||||
2 | (1) a violation of Section 11-501 of this Code or a | ||||||
3 | similar provision
of a local ordinance relating to the | ||||||
4 | offense of operating or being in physical
control of a | ||||||
5 | vehicle while under the influence of alcohol, any other | ||||||
6 | drug
or any combination thereof; or
| ||||||
7 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
8 | this Code or a
similar provision of a local ordinance | ||||||
9 | relating to the offense of leaving the
scene of a motor | ||||||
10 | vehicle accident involving personal injury or death; or
| ||||||
11 | (3)
a statutory summary suspension or revocation under | ||||||
12 | Section 11-501.1 of this
Code.
| ||||||
13 | Such sentence of imprisonment or community service shall | ||||||
14 | not be subject
to suspension in order to reduce such sentence.
| ||||||
15 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
16 | person convicted of a
second violation of this Section shall be | ||||||
17 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
18 | community service. The court may give credit toward the | ||||||
19 | fulfillment of community service hours for participation in | ||||||
20 | activities and treatment as determined by court services.
| ||||||
21 | (c-2) In addition to other penalties imposed under this | ||||||
22 | Section, the
court may impose on any person convicted a fourth | ||||||
23 | time of violating this
Section any of
the following:
| ||||||
24 | (1) Seizure of the license plates of the person's | ||||||
25 | vehicle.
| ||||||
26 | (2) Immobilization of the person's vehicle for a period |
| |||||||
| |||||||
1 | of time
to be determined by the court.
| ||||||
2 | (c-3) Any person convicted of a violation of this Section | ||||||
3 | during a period of summary suspension imposed pursuant to | ||||||
4 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
5 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
6 | imprisonment of 30 days. | ||||||
7 | (c-4) Any person who has been issued a MDDP or a restricted | ||||||
8 | driving permit which requires the person to operate only motor | ||||||
9 | vehicles equipped with an ignition interlock device and who is | ||||||
10 | convicted of a violation of this Section as a result of | ||||||
11 | operating or being in actual physical control of a motor | ||||||
12 | vehicle not equipped with an ignition interlock device at the | ||||||
13 | time of the offense shall be guilty of a Class 4 felony and | ||||||
14 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
15 | (c-5) Any person convicted of a second violation of this
| ||||||
16 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
17 | probation or conditional discharge, and shall serve a mandatory | ||||||
18 | term of
imprisonment, if: | ||||||
19 | (1) the current violation occurred when the person's | ||||||
20 | driver's license was suspended or revoked for a violation | ||||||
21 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
23 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
24 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
25 | the offense of aggravated driving under the influence of | ||||||
26 | alcohol, other drug or drugs, or intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or any combination thereof when the violation | ||||||
2 | was a proximate cause of a death, or a similar out-of-state | ||||||
3 | offense; and | ||||||
4 | (2) the prior conviction under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
8 | offense of reckless homicide, or a violation of | ||||||
9 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
10 | Section 11-501 of this Code, relating to the offense of | ||||||
11 | aggravated driving under the influence of alcohol, other | ||||||
12 | drug or drugs, or intoxicating compound or compounds, or | ||||||
13 | any combination thereof when the violation was a proximate | ||||||
14 | cause of a death, or a similar out-of-state offense, or was | ||||||
15 | suspended or revoked for a violation of Section 11-401 or | ||||||
16 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
17 | similar provision of a local ordinance, or a statutory | ||||||
18 | summary suspension or revocation under Section 11-501.1 of | ||||||
19 | this Code.
| ||||||
20 | (d) Any person convicted of a second violation of this
| ||||||
21 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
22 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
23 | community service, as determined by the
court, if: | ||||||
24 | (1) the current violation occurred when the person's | ||||||
25 | driver's license was suspended or revoked for a violation | ||||||
26 | of Section 11-401 or 11-501 of this Code,
a similar |
| |||||||
| |||||||
1 | out-of-state offense, a similar provision of a local
| ||||||
2 | ordinance, or a
statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1 of this Code; and | ||||||
4 | (2) the prior conviction under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
7 | Code, a similar out-of-state offense, a similar provision | ||||||
8 | of a local ordinance, or a statutory summary suspension or | ||||||
9 | revocation under Section 11-501.1 of this Code, or for a | ||||||
10 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a violation of subparagraph (F) of | ||||||
13 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
14 | Code, relating to the offense of aggravated driving under | ||||||
15 | the influence of alcohol, other drug or drugs, or | ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof when the violation was a proximate cause of a | ||||||
18 | death, or a similar out-of-state offense.
| ||||||
19 | (3) The court may give credit toward the fulfillment of | ||||||
20 | community service hours for participation in activities | ||||||
21 | and treatment as determined by court services. | ||||||
22 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
23 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
24 | of this Section shall serve a minimum term of
imprisonment of | ||||||
25 | 30 days or 300 hours of community service, as determined by the
| ||||||
26 | court. The court may give credit toward the fulfillment of |
| |||||||
| |||||||
1 | community service hours for participation in activities and | ||||||
2 | treatment as determined by court services.
| ||||||
3 | (d-2) Any person convicted of a third violation of this
| ||||||
4 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
5 | term of
imprisonment of 30 days, if: | ||||||
6 | (1) the current violation occurred when the person's | ||||||
7 | driver's license was suspended or revoked for a violation | ||||||
8 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
9 | out-of-state offense, or a similar provision of a local
| ||||||
10 | ordinance, or a
statutory summary suspension or revocation | ||||||
11 | under Section 11-501.1 of this Code; and | ||||||
12 | (2) the prior convictions under this Section occurred | ||||||
13 | while the person's driver's license was suspended or | ||||||
14 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
15 | Code, a similar out-of-state offense, a similar provision | ||||||
16 | of a local ordinance, or a statutory summary suspension or | ||||||
17 | revocation under Section 11-501.1 of this Code, or for a | ||||||
18 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012, relating to the offense of | ||||||
20 | reckless homicide, or a violation of subparagraph (F) of | ||||||
21 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
22 | Code, relating to the offense of aggravated driving under | ||||||
23 | the influence of alcohol, other drug or drugs, or | ||||||
24 | intoxicating compound or compounds, or any combination | ||||||
25 | thereof when the violation was a proximate cause of a | ||||||
26 | death, or a similar out-of-state offense.
|
| |||||||
| |||||||
1 | (d-2.5) Any person convicted of a third violation of this
| ||||||
2 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
3 | probation or conditional discharge, and must serve a mandatory | ||||||
4 | term of
imprisonment, if: | ||||||
5 | (1) the current violation occurred while the person's | ||||||
6 | driver's license was suspended or revoked for a violation | ||||||
7 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, relating to the offense of reckless homicide, | ||||||
9 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
10 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
11 | the offense of aggravated driving under the influence of | ||||||
12 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof when the violation | ||||||
14 | was a proximate cause of a death, or a similar out-of-state | ||||||
15 | offense.
The person's driving privileges shall be revoked | ||||||
16 | for the remainder of the person's life; and | ||||||
17 | (2) the prior convictions under this Section occurred | ||||||
18 | while the person's driver's license was suspended or | ||||||
19 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
21 | offense of reckless homicide, or a violation of | ||||||
22 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
23 | Section 11-501 of this Code, relating to the offense of | ||||||
24 | aggravated driving under the influence of alcohol, other | ||||||
25 | drug or drugs, or intoxicating compound or compounds, or | ||||||
26 | any combination thereof when the violation was a proximate |
| |||||||
| |||||||
1 | cause of a death, or a similar out-of-state offense, or was | ||||||
2 | suspended or revoked for a violation of Section 11-401 or | ||||||
3 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
4 | similar provision of a local ordinance, or a statutory | ||||||
5 | summary suspension or revocation under Section 11-501.1 of | ||||||
6 | this Code. | ||||||
7 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
8 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
9 | of a Class 4 felony and must serve a minimum term of
| ||||||
10 | imprisonment of 180 days, if: | ||||||
11 | (1) the current violation occurred when the person's | ||||||
12 | driver's license was suspended or revoked for a
violation | ||||||
13 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
14 | out-of-state
offense, a similar provision of a local | ||||||
15 | ordinance, or a statutory
summary suspension or revocation | ||||||
16 | under Section 11-501.1 of this Code; and | ||||||
17 | (2) the prior convictions under this Section occurred | ||||||
18 | while the person's driver's license was suspended or | ||||||
19 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
20 | Code, a similar out-of-state offense, a similar provision | ||||||
21 | of a local ordinance, or a statutory summary suspension or | ||||||
22 | revocation under Section 11-501.1 of this Code, or for a | ||||||
23 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, relating to the offense of | ||||||
25 | reckless homicide, or a violation of subparagraph (F) of | ||||||
26 | paragraph (1) of subsection (d) of Section 11-501 of this |
| |||||||
| |||||||
1 | Code, relating to the offense of aggravated driving under | ||||||
2 | the influence of alcohol, other drug or drugs, or | ||||||
3 | intoxicating compound or compounds, or any combination | ||||||
4 | thereof when the violation was a proximate cause of a | ||||||
5 | death, or a similar out-of-state offense.
| ||||||
6 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
7 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
8 | eligible for probation or conditional discharge, and must serve | ||||||
9 | a mandatory term of
imprisonment, and is eligible for an | ||||||
10 | extended term, if: | ||||||
11 | (1) the current violation occurred when the person's | ||||||
12 | driver's license was suspended or revoked for a
violation | ||||||
13 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, relating to the offense of reckless homicide, | ||||||
15 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
16 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
17 | the offense of aggravated driving under the influence of | ||||||
18 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
19 | compounds, or any combination thereof when the violation | ||||||
20 | was a proximate cause of a death, or a similar out-of-state | ||||||
21 | offense; and | ||||||
22 | (2) the prior convictions under this Section occurred | ||||||
23 | while the person's driver's license was suspended or | ||||||
24 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
26 | offense of reckless homicide, or a violation of |
| |||||||
| |||||||
1 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
2 | Section 11-501 of this Code, relating to the offense of | ||||||
3 | aggravated driving under the influence of alcohol, other | ||||||
4 | drug or drugs, or intoxicating compound or compounds, or | ||||||
5 | any combination thereof when the violation was a proximate | ||||||
6 | cause of a death, or a similar out-of-state offense, or was | ||||||
7 | suspended or revoked for a violation of Section 11-401 or | ||||||
8 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
9 | similar provision of a local ordinance, or a statutory | ||||||
10 | summary suspension or revocation under Section 11-501.1 of | ||||||
11 | this Code.
| ||||||
12 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
13 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
14 | of a Class 3 felony, and is not eligible for probation or | ||||||
15 | conditional discharge, if: | ||||||
16 | (1) the current violation occurred when the person's | ||||||
17 | driver's license was suspended or revoked for a violation | ||||||
18 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
19 | out-of-state offense, or a similar provision of a local | ||||||
20 | ordinance, or a statutory summary suspension or revocation | ||||||
21 | under Section 11-501.1 of this Code; and | ||||||
22 | (2) the prior convictions under this Section occurred | ||||||
23 | while the person's driver's license was suspended or | ||||||
24 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
25 | Code, a similar out-of-state offense, a similar provision | ||||||
26 | of a local ordinance, or a statutory suspension or |
| |||||||
| |||||||
1 | revocation under Section 11-501.1 of this Code, or for a | ||||||
2 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012, relating to the offense of | ||||||
4 | reckless homicide, or a violation of subparagraph (F) of | ||||||
5 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
6 | Code, relating to the offense of aggravated driving under | ||||||
7 | the influence of alcohol, other drug or drugs, or | ||||||
8 | intoxicating compound or compounds, or any combination | ||||||
9 | thereof when the violation was a proximate cause of a | ||||||
10 | death, or a similar out-of-state offense. | ||||||
11 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
12 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
13 | not eligible for probation or conditional discharge, if: | ||||||
14 | (1) the current violation occurred when the person's | ||||||
15 | driver's license was suspended or revoked for a violation | ||||||
16 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
17 | out-of-state offense, or a similar provision of a local | ||||||
18 | ordinance, or a statutory summary suspension or revocation | ||||||
19 | under Section 11-501.1 of this Code; and | ||||||
20 | (2) the prior convictions under this Section occurred | ||||||
21 | while the person's driver's license was suspended or | ||||||
22 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
23 | Code, a similar out-of-state offense, a similar provision | ||||||
24 | of a local ordinance, or a statutory summary suspension or | ||||||
25 | revocation under Section 11-501.1 of this Code, or for a | ||||||
26 | violation of Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, relating to the offense of | ||||||
2 | reckless homicide, or a violation of subparagraph (F) of | ||||||
3 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
4 | Code, relating to the offense of aggravated driving under | ||||||
5 | the influence of alcohol, other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination | ||||||
7 | thereof when the violation was a proximate cause of a | ||||||
8 | death, or a similar out-of-state offense.
| ||||||
9 | (e) Any person in violation of this Section who is also in | ||||||
10 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
11 | insurance requirements, in
addition to other penalties imposed | ||||||
12 | under this Section, shall have his or her
motor vehicle | ||||||
13 | immediately impounded by the arresting law enforcement | ||||||
14 | officer.
The motor vehicle may be released to any licensed | ||||||
15 | driver upon a showing of
proof of insurance for the vehicle | ||||||
16 | that was impounded and the notarized written
consent for the | ||||||
17 | release by the vehicle owner.
| ||||||
18 | (f) For any prosecution under this Section, a certified | ||||||
19 | copy of the
driving abstract of the defendant shall be admitted | ||||||
20 | as proof of any prior
conviction.
| ||||||
21 | (g) The motor vehicle used in a violation of this Section | ||||||
22 | is subject
to seizure and forfeiture as provided in Sections | ||||||
23 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
24 | driving privilege was revoked
or suspended as a result of: | ||||||
25 | (1) a violation of Section 11-501 of this Code, a | ||||||
26 | similar provision
of a local ordinance, or a similar |
| |||||||
| |||||||
1 | provision of a law of another state; | ||||||
2 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
3 | this Code, a
similar provision of a local ordinance, or a | ||||||
4 | similar provision of a law of another state; | ||||||
5 | (3) a statutory summary suspension or revocation under | ||||||
6 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
7 | law of another state; or | ||||||
8 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
10 | of reckless homicide, or a violation of subparagraph (F) of | ||||||
11 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
12 | Code, relating to the offense of aggravated driving under | ||||||
13 | the influence of alcohol, other drug or drugs, or | ||||||
14 | intoxicating compound or compounds, or any combination | ||||||
15 | thereof when the violation was a proximate cause of a | ||||||
16 | death, or a similar provision of a law of another state.
| ||||||
17 | (Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)
| ||||||
18 | Section 15. The Cannabis Control Act is amended by changing | ||||||
19 | Section 10 as follows:
| ||||||
20 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
21 | (Text of Section before amendment by P.A. 100-3 )
| ||||||
22 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
23 | been convicted of, or placed
on probation or court supervision | ||||||
24 | for, any offense under this Act or any
law of the United States |
| |||||||
| |||||||
1 | or of any State relating to cannabis, or controlled
substances | ||||||
2 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
3 | guilty to or is found guilty of violating Sections 4(a), 4(b), | ||||||
4 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
5 | entering a
judgment and with the consent of such person, | ||||||
6 | sentence him to probation.
| ||||||
7 | (b) When a person is placed on probation, the court shall | ||||||
8 | enter an order
specifying a period of probation of 24 months, | ||||||
9 | and shall defer further
proceedings in
the case until the | ||||||
10 | conclusion of the period or until the filing of a petition
| ||||||
11 | alleging violation of a term or condition of probation.
| ||||||
12 | (c) The conditions of probation shall be that the person: | ||||||
13 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
14 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
15 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
16 | as ordered by the court, but no less than 3 times during the | ||||||
17 | period of
the probation, with the cost of the testing to be | ||||||
18 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
19 | of community service, provided community
service is available | ||||||
20 | in the jurisdiction and is funded and approved by the
county | ||||||
21 | board. The court may give credit toward the fulfillment of | ||||||
22 | community service hours for participation in activities and | ||||||
23 | treatment as determined by court services.
| ||||||
24 | (d) The court may, in addition to other conditions, require
| ||||||
25 | that the person:
| ||||||
26 | (1) make a report to and appear in person before or |
| |||||||
| |||||||
1 | participate with the
court or such courts, person, or | ||||||
2 | social service agency as directed by the
court in the order | ||||||
3 | of probation;
| ||||||
4 | (2) pay a fine and costs;
| ||||||
5 | (3) work or pursue a course of study or vocational | ||||||
6 | training;
| ||||||
7 | (4) undergo medical or psychiatric treatment; or | ||||||
8 | treatment for drug
addiction or alcoholism;
| ||||||
9 | (5) attend or reside in a facility established for the | ||||||
10 | instruction or
residence of defendants on probation;
| ||||||
11 | (6) support his dependents;
| ||||||
12 | (7) refrain from possessing a firearm or other | ||||||
13 | dangerous weapon;
| ||||||
14 | (7-5) refrain from having in his or her body the | ||||||
15 | presence of any illicit
drug prohibited by the Cannabis | ||||||
16 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
17 | Methamphetamine Control and Community Protection Act, | ||||||
18 | unless prescribed by a physician, and submit samples of
his | ||||||
19 | or her blood or urine or both for tests to determine the | ||||||
20 | presence of any
illicit drug;
| ||||||
21 | (8) and in addition, if a minor:
| ||||||
22 | (i) reside with his parents or in a foster home;
| ||||||
23 | (ii) attend school;
| ||||||
24 | (iii) attend a non-residential program for youth;
| ||||||
25 | (iv) contribute to his own support at home or in a | ||||||
26 | foster home.
|
| |||||||
| |||||||
1 | (e) Upon violation of a term or condition of probation, the
| ||||||
2 | court
may enter a judgment on its original finding of guilt and | ||||||
3 | proceed as otherwise
provided.
| ||||||
4 | (f) Upon fulfillment of the terms and
conditions of | ||||||
5 | probation, the court shall discharge such person and dismiss
| ||||||
6 | the proceedings against him.
| ||||||
7 | (g) A disposition of probation is considered to be a | ||||||
8 | conviction
for the purposes of imposing the conditions of | ||||||
9 | probation and for appeal,
however, discharge and dismissal | ||||||
10 | under this Section is not a conviction for
purposes of | ||||||
11 | disqualification or disabilities imposed by law upon | ||||||
12 | conviction of
a crime (including the additional penalty imposed | ||||||
13 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
14 | of this Act).
| ||||||
15 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
16 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
17 | Methamphetamine Control and Community Protection Act, Section | ||||||
18 | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | ||||||
19 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 may occur only once
with respect to | ||||||
21 | any person.
| ||||||
22 | (i) If a person is convicted of an offense under this Act, | ||||||
23 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
24 | Control and Community Protection Act within 5 years
subsequent | ||||||
25 | to a discharge and dismissal under this Section, the discharge | ||||||
26 | and
dismissal under this Section shall be admissible in the |
| |||||||
| |||||||
1 | sentencing proceeding
for that conviction
as a factor in | ||||||
2 | aggravation.
| ||||||
3 | (j) Notwithstanding subsection (a), before a person is | ||||||
4 | sentenced to probation under this Section, the court may refer | ||||||
5 | the person to the drug court established in that judicial | ||||||
6 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
7 | The drug court team shall evaluate the person's likelihood of | ||||||
8 | successfully completing a sentence of probation under this | ||||||
9 | Section and shall report the results of its evaluation to the | ||||||
10 | court. If the drug court team finds that the person suffers | ||||||
11 | from a substance abuse problem that makes him or her | ||||||
12 | substantially unlikely to successfully complete a sentence of | ||||||
13 | probation under this Section, then the drug court shall set | ||||||
14 | forth its findings in the form of a written order, and the | ||||||
15 | person shall not be sentenced to probation under this Section, | ||||||
16 | but may be considered for the drug court program. | ||||||
17 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||||||
18 | (Text of Section after amendment by P.A. 100-3 )
| ||||||
19 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
20 | been convicted of any felony offense under this Act or any
law | ||||||
21 | of the United States or of any State relating to cannabis, or | ||||||
22 | controlled
substances as defined in the Illinois Controlled | ||||||
23 | Substances Act, pleads
guilty to or is found guilty of | ||||||
24 | violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of | ||||||
25 | this Act, the court may, without entering a
judgment and with |
| |||||||
| |||||||
1 | the consent of such person, sentence him to probation.
| ||||||
2 | (b) When a person is placed on probation, the court shall | ||||||
3 | enter an order
specifying a period of probation of 24 months, | ||||||
4 | and shall defer further
proceedings in
the case until the | ||||||
5 | conclusion of the period or until the filing of a petition
| ||||||
6 | alleging violation of a term or condition of probation.
| ||||||
7 | (c) The conditions of probation shall be that the person: | ||||||
8 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
9 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
10 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
11 | as ordered by the court, but no less than 3 times during the | ||||||
12 | period of
the probation, with the cost of the testing to be | ||||||
13 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
14 | of community service, provided community
service is available | ||||||
15 | in the jurisdiction and is funded and approved by the
county | ||||||
16 | board. The court may give credit toward the fulfillment of | ||||||
17 | community service hours for participation in activities and | ||||||
18 | treatment as determined by court services.
| ||||||
19 | (d) The court may, in addition to other conditions, require
| ||||||
20 | that the person:
| ||||||
21 | (1) make a report to and appear in person before or | ||||||
22 | participate with the
court or such courts, person, or | ||||||
23 | social service agency as directed by the
court in the order | ||||||
24 | of probation;
| ||||||
25 | (2) pay a fine and costs;
| ||||||
26 | (3) work or pursue a course of study or vocational |
| |||||||
| |||||||
1 | training;
| ||||||
2 | (4) undergo medical or psychiatric treatment; or | ||||||
3 | treatment for drug
addiction or alcoholism;
| ||||||
4 | (5) attend or reside in a facility established for the | ||||||
5 | instruction or
residence of defendants on probation;
| ||||||
6 | (6) support his dependents;
| ||||||
7 | (7) refrain from possessing a firearm or other | ||||||
8 | dangerous weapon;
| ||||||
9 | (7-5) refrain from having in his or her body the | ||||||
10 | presence of any illicit
drug prohibited by the Cannabis | ||||||
11 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | unless prescribed by a physician, and submit samples of
his | ||||||
14 | or her blood or urine or both for tests to determine the | ||||||
15 | presence of any
illicit drug;
| ||||||
16 | (8) and in addition, if a minor:
| ||||||
17 | (i) reside with his parents or in a foster home;
| ||||||
18 | (ii) attend school;
| ||||||
19 | (iii) attend a non-residential program for youth;
| ||||||
20 | (iv) contribute to his own support at home or in a | ||||||
21 | foster home.
| ||||||
22 | (e) Upon violation of a term or condition of probation, the
| ||||||
23 | court
may enter a judgment on its original finding of guilt and | ||||||
24 | proceed as otherwise
provided.
| ||||||
25 | (f) Upon fulfillment of the terms and
conditions of | ||||||
26 | probation, the court shall discharge such person and dismiss
|
| |||||||
| |||||||
1 | the proceedings against him.
| ||||||
2 | (g) A disposition of probation is considered to be a | ||||||
3 | conviction
for the purposes of imposing the conditions of | ||||||
4 | probation and for appeal,
however, discharge and dismissal | ||||||
5 | under this Section is not a conviction for
purposes of | ||||||
6 | disqualification or disabilities imposed by law upon | ||||||
7 | conviction of
a crime (including the additional penalty imposed | ||||||
8 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
9 | of this Act).
| ||||||
10 | (h) A person may not have more than one discharge and | ||||||
11 | dismissal under this Section within a 4-year period.
| ||||||
12 | (i) If a person is convicted of an offense under this Act, | ||||||
13 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
14 | Control and Community Protection Act within 5 years
subsequent | ||||||
15 | to a discharge and dismissal under this Section, the discharge | ||||||
16 | and
dismissal under this Section shall be admissible in the | ||||||
17 | sentencing proceeding
for that conviction
as a factor in | ||||||
18 | aggravation.
| ||||||
19 | (j) Notwithstanding subsection (a), before a person is | ||||||
20 | sentenced to probation under this Section, the court may refer | ||||||
21 | the person to the drug court established in that judicial | ||||||
22 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
23 | The drug court team shall evaluate the person's likelihood of | ||||||
24 | successfully completing a sentence of probation under this | ||||||
25 | Section and shall report the results of its evaluation to the | ||||||
26 | court. If the drug court team finds that the person suffers |
| |||||||
| |||||||
1 | from a substance abuse problem that makes him or her | ||||||
2 | substantially unlikely to successfully complete a sentence of | ||||||
3 | probation under this Section, then the drug court shall set | ||||||
4 | forth its findings in the form of a written order, and the | ||||||
5 | person shall not be sentenced to probation under this Section, | ||||||
6 | but shall be considered for the drug court program. | ||||||
7 | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
| ||||||
8 | Section 20. The Illinois Controlled Substances Act is | ||||||
9 | amended by changing Section 410 as follows:
| ||||||
10 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
11 | (Text of Section before amendment by P.A. 100-3 )
| ||||||
12 | Sec. 410. (a) Whenever any person who has not previously | ||||||
13 | been convicted
of, or placed on probation or court supervision | ||||||
14 | for any offense under this
Act or any law of the United States | ||||||
15 | or of any State relating to cannabis
or controlled substances, | ||||||
16 | pleads guilty to or is found guilty of possession
of a | ||||||
17 | controlled or counterfeit substance under subsection (c) of | ||||||
18 | Section
402 or of unauthorized possession of prescription form | ||||||
19 | under Section 406.2, the court, without entering a judgment and | ||||||
20 | with the consent of such
person, may sentence him or her to | ||||||
21 | probation.
| ||||||
22 | (b) When a person is placed on probation, the court shall | ||||||
23 | enter an order
specifying a period of probation of 24 months | ||||||
24 | and shall defer further
proceedings in the case until the |
| |||||||
| |||||||
1 | conclusion of the period or until the
filing of a petition | ||||||
2 | alleging violation of a term or condition of probation.
| ||||||
3 | (c) The conditions of probation shall be that the person: | ||||||
4 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
5 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
6 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
7 | as ordered by the court, but no less than 3
times during the | ||||||
8 | period of the probation, with the cost of the testing to be
| ||||||
9 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
10 | of community
service, provided community service is available | ||||||
11 | in the jurisdiction and is
funded
and approved by the county | ||||||
12 | board. The court may give credit toward the fulfillment of | ||||||
13 | community service hours for participation in activities and | ||||||
14 | treatment as determined by court services.
| ||||||
15 | (d) The court may, in addition to other conditions, require | ||||||
16 | that the person:
| ||||||
17 | (1) make a report to and appear in person before or | ||||||
18 | participate with the
court or such courts, person, or | ||||||
19 | social service agency as directed by the
court in the order | ||||||
20 | of probation;
| ||||||
21 | (2) pay a fine and costs;
| ||||||
22 | (3) work or pursue a course of study or vocational
| ||||||
23 | training;
| ||||||
24 | (4) undergo medical or psychiatric treatment; or | ||||||
25 | treatment or
rehabilitation approved by the Illinois | ||||||
26 | Department of Human Services;
|
| |||||||
| |||||||
1 | (5) attend or reside in a facility established for the | ||||||
2 | instruction or
residence of defendants on probation;
| ||||||
3 | (6) support his or her dependents;
| ||||||
4 | (6-5) refrain from having in his or her body the | ||||||
5 | presence of any illicit
drug prohibited by the Cannabis | ||||||
6 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | unless prescribed by a physician, and submit samples of
his | ||||||
9 | or her blood or urine or both for tests to determine the | ||||||
10 | presence of any
illicit drug;
| ||||||
11 | (7) and in addition, if a minor:
| ||||||
12 | (i) reside with his or her parents or in a foster | ||||||
13 | home;
| ||||||
14 | (ii) attend school;
| ||||||
15 | (iii) attend a non-residential program for youth;
| ||||||
16 | (iv) contribute to his or her own support at home | ||||||
17 | or in a foster home.
| ||||||
18 | (e) Upon violation of a term or condition of probation, the | ||||||
19 | court
may enter a judgment on its original finding of guilt and | ||||||
20 | proceed as
otherwise provided.
| ||||||
21 | (f) Upon fulfillment of the terms and conditions of | ||||||
22 | probation, the court
shall discharge the person and dismiss the | ||||||
23 | proceedings against him or her.
| ||||||
24 | (g) A disposition of probation is considered to be a | ||||||
25 | conviction
for the purposes of imposing the conditions of | ||||||
26 | probation and for appeal,
however, discharge and dismissal |
| |||||||
| |||||||
1 | under this Section is not a conviction for
purposes of this Act | ||||||
2 | or for purposes of disqualifications or disabilities
imposed by | ||||||
3 | law upon conviction of a crime.
| ||||||
4 | (h) There may be only one discharge and dismissal under | ||||||
5 | this Section,
Section 10 of the Cannabis Control Act, Section | ||||||
6 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
7 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
8 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012 with respect to any person.
| ||||||
10 | (i) If a person is convicted of an offense under this Act, | ||||||
11 | the Cannabis
Control Act, or the Methamphetamine Control and | ||||||
12 | Community Protection Act within 5 years
subsequent to a | ||||||
13 | discharge and dismissal under this Section, the discharge and
| ||||||
14 | dismissal under this Section shall be admissible in the | ||||||
15 | sentencing proceeding
for that conviction
as evidence in | ||||||
16 | aggravation.
| ||||||
17 | (j) Notwithstanding subsection (a), before a person is | ||||||
18 | sentenced to probation under this Section, the court may refer | ||||||
19 | the person to the drug court established in that judicial | ||||||
20 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
21 | The drug court team shall evaluate the person's likelihood of | ||||||
22 | successfully completing a sentence of probation under this | ||||||
23 | Section and shall report the results of its evaluation to the | ||||||
24 | court. If the drug court team finds that the person suffers | ||||||
25 | from a substance abuse problem that makes him or her | ||||||
26 | substantially unlikely to successfully complete a sentence of |
| |||||||
| |||||||
1 | probation under this Section, then the drug court shall set | ||||||
2 | forth its findings in the form of a written order, and the | ||||||
3 | person shall not be sentenced to probation under this Section, | ||||||
4 | but may be considered for the drug court program. | ||||||
5 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||||||
6 | (Text of Section after amendment by P.A. 100-3 )
| ||||||
7 | Sec. 410. (a) Whenever any person who has not previously | ||||||
8 | been convicted
of any felony offense under this
Act or any law | ||||||
9 | of the United States or of any State relating to cannabis
or | ||||||
10 | controlled substances, pleads guilty to or is found guilty of | ||||||
11 | possession
of a controlled or counterfeit substance under | ||||||
12 | subsection (c) of Section
402 or of unauthorized possession of | ||||||
13 | prescription form under Section 406.2, the court, without | ||||||
14 | entering a judgment and with the consent of such
person, may | ||||||
15 | sentence him or her to probation.
| ||||||
16 | (b) When a person is placed on probation, the court shall | ||||||
17 | enter an order
specifying a period of probation of 24 months | ||||||
18 | and shall defer further
proceedings in the case until the | ||||||
19 | conclusion of the period or until the
filing of a petition | ||||||
20 | alleging violation of a term or condition of probation.
| ||||||
21 | (c) The conditions of probation shall be that the person: | ||||||
22 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
23 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
24 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
25 | as ordered by the court, but no less than 3
times during the |
| |||||||
| |||||||
1 | period of the probation, with the cost of the testing to be
| ||||||
2 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
3 | of community
service, provided community service is available | ||||||
4 | in the jurisdiction and is
funded
and approved by the county | ||||||
5 | board. The court may give credit toward the fulfillment of | ||||||
6 | community service hours for participation in activities and | ||||||
7 | treatment as determined by court services.
| ||||||
8 | (d) The court may, in addition to other conditions, require | ||||||
9 | that the person:
| ||||||
10 | (1) make a report to and appear in person before or | ||||||
11 | participate with the
court or such courts, person, or | ||||||
12 | social service agency as directed by the
court in the order | ||||||
13 | of probation;
| ||||||
14 | (2) pay a fine and costs;
| ||||||
15 | (3) work or pursue a course of study or vocational
| ||||||
16 | training;
| ||||||
17 | (4) undergo medical or psychiatric treatment; or | ||||||
18 | treatment or
rehabilitation approved by the Illinois | ||||||
19 | Department of Human Services;
| ||||||
20 | (5) attend or reside in a facility established for the | ||||||
21 | instruction or
residence of defendants on probation;
| ||||||
22 | (6) support his or her dependents;
| ||||||
23 | (6-5) refrain from having in his or her body the | ||||||
24 | presence of any illicit
drug prohibited by the Cannabis | ||||||
25 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
26 | Methamphetamine Control and Community Protection Act, |
| |||||||
| |||||||
1 | unless prescribed by a physician, and submit samples of
his | ||||||
2 | or her blood or urine or both for tests to determine the | ||||||
3 | presence of any
illicit drug;
| ||||||
4 | (7) and in addition, if a minor:
| ||||||
5 | (i) reside with his or her parents or in a foster | ||||||
6 | home;
| ||||||
7 | (ii) attend school;
| ||||||
8 | (iii) attend a non-residential program for youth;
| ||||||
9 | (iv) contribute to his or her own support at home | ||||||
10 | or in a foster home.
| ||||||
11 | (e) Upon violation of a term or condition of probation, the | ||||||
12 | court
may enter a judgment on its original finding of guilt and | ||||||
13 | proceed as
otherwise provided.
| ||||||
14 | (f) Upon fulfillment of the terms and conditions of | ||||||
15 | probation, the court
shall discharge the person and dismiss the | ||||||
16 | proceedings against him or her.
| ||||||
17 | (g) A disposition of probation is considered to be a | ||||||
18 | conviction
for the purposes of imposing the conditions of | ||||||
19 | probation and for appeal,
however, discharge and dismissal | ||||||
20 | under this Section is not a conviction for
purposes of this Act | ||||||
21 | or for purposes of disqualifications or disabilities
imposed by | ||||||
22 | law upon conviction of a crime.
| ||||||
23 | (h) A person may not have more than one discharge and | ||||||
24 | dismissal under this Section within a 4-year period.
| ||||||
25 | (i) If a person is convicted of an offense under this Act, | ||||||
26 | the Cannabis
Control Act, or the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act within 5 years
subsequent to a | ||||||
2 | discharge and dismissal under this Section, the discharge and
| ||||||
3 | dismissal under this Section shall be admissible in the | ||||||
4 | sentencing proceeding
for that conviction
as evidence in | ||||||
5 | aggravation.
| ||||||
6 | (j) Notwithstanding subsection (a), before a person is | ||||||
7 | sentenced to probation under this Section, the court may refer | ||||||
8 | the person to the drug court established in that judicial | ||||||
9 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
10 | The drug court team shall evaluate the person's likelihood of | ||||||
11 | successfully completing a sentence of probation under this | ||||||
12 | Section and shall report the results of its evaluation to the | ||||||
13 | court. If the drug court team finds that the person suffers | ||||||
14 | from a substance abuse problem that makes him or her | ||||||
15 | substantially unlikely to successfully complete a sentence of | ||||||
16 | probation under this Section, then the drug court shall set | ||||||
17 | forth its findings in the form of a written order, and the | ||||||
18 | person shall not be sentenced to probation under this Section, | ||||||
19 | but shall be considered for the drug court program. | ||||||
20 | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
| ||||||
21 | Section 25. The Methamphetamine Control and Community | ||||||
22 | Protection Act is amended by changing Section 70 as follows:
| ||||||
23 | (720 ILCS 646/70) | ||||||
24 | (Text of Section before amendment by P.A. 100-3 )
|
| |||||||
| |||||||
1 | Sec. 70. Probation. | ||||||
2 | (a) Whenever any person who has not previously been | ||||||
3 | convicted of, or placed on probation or court supervision for | ||||||
4 | any offense under this Act, the Illinois Controlled Substances | ||||||
5 | Act, the Cannabis Control Act, or any law of the United States | ||||||
6 | or of any state relating to cannabis or controlled substances, | ||||||
7 | pleads guilty to or is found guilty of possession of less than | ||||||
8 | 15 grams of methamphetamine under paragraph (1) or (2) of | ||||||
9 | subsection (b) of Section 60 of this Act, the court, without | ||||||
10 | entering a judgment and with the consent of the person, may | ||||||
11 | sentence him or her to probation.
| ||||||
12 | (b) When a person is placed on probation, the court shall | ||||||
13 | enter an order specifying a period of probation of 24 months | ||||||
14 | and shall defer further proceedings in the case until the | ||||||
15 | conclusion of the period or until the filing of a petition | ||||||
16 | alleging violation of a term or condition of probation.
| ||||||
17 | (c) The conditions of probation shall be that the person: | ||||||
18 | (1) not violate any criminal statute of any | ||||||
19 | jurisdiction; | ||||||
20 | (2) refrain from possessing a firearm or other | ||||||
21 | dangerous weapon; | ||||||
22 | (3) submit to periodic drug testing at a time and in a | ||||||
23 | manner as ordered by the court, but no less than 3 times | ||||||
24 | during the period of the probation, with the cost of the | ||||||
25 | testing to be paid by the probationer; and | ||||||
26 | (4) perform no less than 30 hours of community service, |
| |||||||
| |||||||
1 | if community service is available in the jurisdiction and | ||||||
2 | is funded and approved by the county board.
The court may | ||||||
3 | give credit toward the fulfillment of community service | ||||||
4 | hours for participation in activities and treatment as | ||||||
5 | determined by court services. | ||||||
6 | (d) The court may, in addition to other conditions, require | ||||||
7 | that the person take one or more of the following actions:
| ||||||
8 | (1) make a report to and appear in person before or | ||||||
9 | participate with the court or such courts, person, or | ||||||
10 | social service agency as directed by the court in the order | ||||||
11 | of probation;
| ||||||
12 | (2) pay a fine and costs;
| ||||||
13 | (3) work or pursue a course of study or vocational | ||||||
14 | training;
| ||||||
15 | (4) undergo medical or psychiatric treatment; or | ||||||
16 | treatment or rehabilitation approved by the Illinois | ||||||
17 | Department of Human Services;
| ||||||
18 | (5) attend or reside in a facility established for the | ||||||
19 | instruction or residence of defendants on probation;
| ||||||
20 | (6) support his or her dependents;
| ||||||
21 | (7) refrain from having in his or her body the presence | ||||||
22 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
23 | Control Act, or the Illinois Controlled Substances Act, | ||||||
24 | unless prescribed by a physician, and submit samples of his | ||||||
25 | or her blood or urine or both for tests to determine the | ||||||
26 | presence of any illicit drug; or
|
| |||||||
| |||||||
1 | (8) if a minor:
| ||||||
2 | (i) reside with his or her parents or in a foster | ||||||
3 | home;
| ||||||
4 | (ii) attend school;
| ||||||
5 | (iii) attend a non-residential program for youth; | ||||||
6 | or
| ||||||
7 | (iv) contribute to his or her own support at home | ||||||
8 | or in a foster home.
| ||||||
9 | (e) Upon violation of a term or condition of probation, the | ||||||
10 | court may enter a judgment on its original finding of guilt and | ||||||
11 | proceed as otherwise provided.
| ||||||
12 | (f) Upon fulfillment of the terms and conditions of | ||||||
13 | probation, the court shall discharge the person and dismiss the | ||||||
14 | proceedings against the person.
| ||||||
15 | (g) A disposition of probation is considered to be a | ||||||
16 | conviction for the purposes of imposing the conditions of | ||||||
17 | probation and for appeal, however, discharge and dismissal | ||||||
18 | under this Section is not a conviction for purposes of this Act | ||||||
19 | or for purposes of disqualifications or disabilities imposed by | ||||||
20 | law upon conviction of a crime.
| ||||||
21 | (h) There may be only one discharge and dismissal under | ||||||
22 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
23 | Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or | ||||||
24 | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) | ||||||
25 | of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012 with respect to any person.
|
| |||||||
| |||||||
1 | (i) If a person is convicted of an offense under this Act, | ||||||
2 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
3 | Act within 5 years subsequent to a discharge and dismissal | ||||||
4 | under this Section, the discharge and dismissal under this | ||||||
5 | Section are admissible in the sentencing proceeding for that | ||||||
6 | conviction as evidence in aggravation.
| ||||||
7 | (j) Notwithstanding subsection (a), before a person is | ||||||
8 | sentenced to probation under this Section, the court may refer | ||||||
9 | the person to the drug court established in that judicial | ||||||
10 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
11 | The drug court team shall evaluate the person's likelihood of | ||||||
12 | successfully completing a sentence of probation under this | ||||||
13 | Section and shall report the results of its evaluation to the | ||||||
14 | court. If the drug court team finds that the person suffers | ||||||
15 | from a substance abuse problem that makes him or her | ||||||
16 | substantially unlikely to successfully complete a sentence of | ||||||
17 | probation under this Section, then the drug court shall set | ||||||
18 | forth its findings in the form of a written order, and the | ||||||
19 | person shall not be sentenced to probation under this Section, | ||||||
20 | but may be considered for the drug court program. | ||||||
21 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||||||
22 | (Text of Section after amendment by P.A. 100-3 ) | ||||||
23 | Sec. 70. Probation. | ||||||
24 | (a) Whenever any person who has not previously been | ||||||
25 | convicted of any felony offense under this Act, the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act, the Cannabis Control Act, or any law | ||||||
2 | of the United States or of any state relating to cannabis or | ||||||
3 | controlled substances, pleads guilty to or is found guilty of | ||||||
4 | possession of less than 15 grams of methamphetamine under | ||||||
5 | paragraph (1) or (2) of subsection (b) of Section 60 of this | ||||||
6 | Act, the court, without entering a judgment and with the | ||||||
7 | consent of the person, may sentence him or her to probation.
| ||||||
8 | (b) When a person is placed on probation, the court shall | ||||||
9 | enter an order specifying a period of probation of 24 months | ||||||
10 | and shall defer further proceedings in the case until the | ||||||
11 | conclusion of the period or until the filing of a petition | ||||||
12 | alleging violation of a term or condition of probation.
| ||||||
13 | (c) The conditions of probation shall be that the person: | ||||||
14 | (1) not violate any criminal statute of any | ||||||
15 | jurisdiction; | ||||||
16 | (2) refrain from possessing a firearm or other | ||||||
17 | dangerous weapon; | ||||||
18 | (3) submit to periodic drug testing at a time and in a | ||||||
19 | manner as ordered by the court, but no less than 3 times | ||||||
20 | during the period of the probation, with the cost of the | ||||||
21 | testing to be paid by the probationer; and | ||||||
22 | (4) perform no less than 30 hours of community service, | ||||||
23 | if community service is available in the jurisdiction and | ||||||
24 | is funded and approved by the county board.
The court may | ||||||
25 | give credit toward the fulfillment of community service | ||||||
26 | hours for participation in activities and treatment as |
| |||||||
| |||||||
1 | determined by court services. | ||||||
2 | (d) The court may, in addition to other conditions, require | ||||||
3 | that the person take one or more of the following actions:
| ||||||
4 | (1) make a report to and appear in person before or | ||||||
5 | participate with the court or such courts, person, or | ||||||
6 | social service agency as directed by the court in the order | ||||||
7 | of probation;
| ||||||
8 | (2) pay a fine and costs;
| ||||||
9 | (3) work or pursue a course of study or vocational | ||||||
10 | training;
| ||||||
11 | (4) undergo medical or psychiatric treatment; or | ||||||
12 | treatment or rehabilitation approved by the Illinois | ||||||
13 | Department of Human Services;
| ||||||
14 | (5) attend or reside in a facility established for the | ||||||
15 | instruction or residence of defendants on probation;
| ||||||
16 | (6) support his or her dependents;
| ||||||
17 | (7) refrain from having in his or her body the presence | ||||||
18 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
19 | Control Act, or the Illinois Controlled Substances Act, | ||||||
20 | unless prescribed by a physician, and submit samples of his | ||||||
21 | or her blood or urine or both for tests to determine the | ||||||
22 | presence of any illicit drug; or
| ||||||
23 | (8) if a minor:
| ||||||
24 | (i) reside with his or her parents or in a foster | ||||||
25 | home;
| ||||||
26 | (ii) attend school;
|
| |||||||
| |||||||
1 | (iii) attend a non-residential program for youth; | ||||||
2 | or
| ||||||
3 | (iv) contribute to his or her own support at home | ||||||
4 | or in a foster home.
| ||||||
5 | (e) Upon violation of a term or condition of probation, the | ||||||
6 | court may enter a judgment on its original finding of guilt and | ||||||
7 | proceed as otherwise provided.
| ||||||
8 | (f) Upon fulfillment of the terms and conditions of | ||||||
9 | probation, the court shall discharge the person and dismiss the | ||||||
10 | proceedings against the person.
| ||||||
11 | (g) A disposition of probation is considered to be a | ||||||
12 | conviction for the purposes of imposing the conditions of | ||||||
13 | probation and for appeal, however, discharge and dismissal | ||||||
14 | under this Section is not a conviction for purposes of this Act | ||||||
15 | or for purposes of disqualifications or disabilities imposed by | ||||||
16 | law upon conviction of a crime.
| ||||||
17 | (h) A person may not have more than one discharge and | ||||||
18 | dismissal under this Section within a 4-year period.
| ||||||
19 | (i) If a person is convicted of an offense under this Act, | ||||||
20 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
21 | Act within 5 years subsequent to a discharge and dismissal | ||||||
22 | under this Section, the discharge and dismissal under this | ||||||
23 | Section are admissible in the sentencing proceeding for that | ||||||
24 | conviction as evidence in aggravation.
| ||||||
25 | (j) Notwithstanding subsection (a), before a person is | ||||||
26 | sentenced to probation under this Section, the court may refer |
| |||||||
| |||||||
1 | the person to the drug court established in that judicial | ||||||
2 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
3 | The drug court team shall evaluate the person's likelihood of | ||||||
4 | successfully completing a sentence of probation under this | ||||||
5 | Section and shall report the results of its evaluation to the | ||||||
6 | court. If the drug court team finds that the person suffers | ||||||
7 | from a substance abuse problem that makes him or her | ||||||
8 | substantially unlikely to successfully complete a sentence of | ||||||
9 | probation under this Section, then the drug court shall set | ||||||
10 | forth its findings in the form of a written order, and the | ||||||
11 | person shall not be sentenced to probation under this Section, | ||||||
12 | but shall be considered for the drug court program. | ||||||
13 | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
| ||||||
14 | Section 30. The Unified Code of Corrections is amended by | ||||||
15 | changing Sections 3-3-7, 3-6-3, 5-5-3, 5-6-3, 5-6-3.3, | ||||||
16 | 5-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows:
| ||||||
17 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
18 | (Text of Section before amendment by P.A. 100-260 ) | ||||||
19 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
20 | release.
| ||||||
21 | (a) The conditions of parole or mandatory
supervised | ||||||
22 | release shall be such as the Prisoner Review
Board deems | ||||||
23 | necessary to assist the subject in leading a
law-abiding life. | ||||||
24 | The conditions of every parole and mandatory
supervised release |
| |||||||
| |||||||
1 | are that the subject:
| ||||||
2 | (1) not violate any criminal statute of any | ||||||
3 | jurisdiction
during the parole or release term;
| ||||||
4 | (2) refrain from possessing a firearm or other | ||||||
5 | dangerous
weapon;
| ||||||
6 | (3) report to an agent of the Department of | ||||||
7 | Corrections;
| ||||||
8 | (4) permit the agent to visit him or her at his or her | ||||||
9 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
10 | the agent to discharge his or her duties;
| ||||||
11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction or
residence
of persons on
parole or mandatory | ||||||
13 | supervised release;
| ||||||
14 | (6) secure permission before visiting or writing a | ||||||
15 | committed person in an
Illinois Department
of Corrections | ||||||
16 | facility;
| ||||||
17 | (7) report all arrests to an agent of the Department of | ||||||
18 | Corrections as
soon as
permitted by the
arresting authority | ||||||
19 | but in no event later than 24 hours after release from
| ||||||
20 | custody and immediately report service or notification of | ||||||
21 | an order of protection, a civil no contact order, or a | ||||||
22 | stalking no contact order to an agent of the Department of | ||||||
23 | Corrections;
| ||||||
24 | (7.5) if convicted of a sex offense as defined in the | ||||||
25 | Sex Offender
Management Board Act, the individual shall | ||||||
26 | undergo and successfully complete
sex offender treatment |
| |||||||
| |||||||
1 | conducted in conformance with the standards developed by
| ||||||
2 | the Sex
Offender Management Board Act by a treatment | ||||||
3 | provider approved by the Board;
| ||||||
4 | (7.6) if convicted of a sex offense as defined in the | ||||||
5 | Sex Offender
Management Board Act, refrain from residing at | ||||||
6 | the same address or in the same condominium unit or | ||||||
7 | apartment unit or in the same condominium complex or | ||||||
8 | apartment complex with another person he or she knows or | ||||||
9 | reasonably should know is a convicted sex offender or has | ||||||
10 | been placed on supervision for a sex offense; the | ||||||
11 | provisions of this paragraph do not apply to a person | ||||||
12 | convicted of a sex offense who is placed in a Department of | ||||||
13 | Corrections licensed transitional housing facility for sex | ||||||
14 | offenders, or is in any facility operated or licensed by | ||||||
15 | the Department of Children and Family Services or by the | ||||||
16 | Department of Human Services, or is in any licensed medical | ||||||
17 | facility;
| ||||||
18 | (7.7) if convicted for an offense that would qualify | ||||||
19 | the accused as a sexual predator under the Sex Offender | ||||||
20 | Registration Act on or after January 1, 2007 (the effective | ||||||
21 | date of Public Act 94-988), wear an approved electronic | ||||||
22 | monitoring device as defined in Section 5-8A-2 for the | ||||||
23 | duration of the person's parole, mandatory supervised | ||||||
24 | release term, or extended mandatory supervised release | ||||||
25 | term and if convicted for an offense of criminal sexual | ||||||
26 | assault, aggravated criminal sexual assault, predatory |
| |||||||
| |||||||
1 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
2 | aggravated criminal sexual abuse, or ritualized abuse of a | ||||||
3 | child committed on or after August 11, 2009 (the effective | ||||||
4 | date of Public Act 96-236) when the victim was under 18 | ||||||
5 | years of age at the time of the commission of the offense | ||||||
6 | and the defendant used force or the threat of force in the | ||||||
7 | commission of the offense wear an approved electronic | ||||||
8 | monitoring device as defined in Section 5-8A-2 that has | ||||||
9 | Global Positioning System (GPS) capability for the | ||||||
10 | duration of the person's parole, mandatory supervised | ||||||
11 | release term, or extended mandatory supervised release | ||||||
12 | term;
| ||||||
13 | (7.8) if convicted for an offense committed on or after | ||||||
14 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
15 | would qualify the accused as a child sex offender as | ||||||
16 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012, refrain from | ||||||
18 | communicating with or contacting, by means of the Internet, | ||||||
19 | a person who is not related to the accused and whom the | ||||||
20 | accused reasonably believes to be under 18 years of age; | ||||||
21 | for purposes of this paragraph (7.8), "Internet" has the | ||||||
22 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
23 | Code of 2012; and a person is not related to the accused if | ||||||
24 | the person is not: (i) the spouse, brother, or sister of | ||||||
25 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
26 | first or second cousin of the accused; or (iv) a step-child |
| |||||||
| |||||||
1 | or adopted child of the accused;
| ||||||
2 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
3 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012, consent to search of computers, | ||||||
5 | PDAs, cellular phones, and other devices under his or her | ||||||
6 | control that are capable of accessing the Internet or | ||||||
7 | storing electronic files, in order to confirm Internet | ||||||
8 | protocol addresses reported in accordance with the Sex | ||||||
9 | Offender Registration Act and compliance with conditions | ||||||
10 | in this Act;
| ||||||
11 | (7.10)
if convicted for an offense that would qualify | ||||||
12 | the accused as a sex offender or sexual predator under the | ||||||
13 | Sex Offender Registration Act on or after June 1, 2008 (the | ||||||
14 | effective date of Public Act 95-640), not possess | ||||||
15 | prescription drugs for erectile dysfunction;
| ||||||
16 | (7.11) if convicted for an offense under Section 11-6, | ||||||
17 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
18 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
20 | or any attempt to commit any of these offenses, committed | ||||||
21 | on or after June 1, 2009 (the effective date of Public Act | ||||||
22 | 95-983): | ||||||
23 | (i) not access or use a computer or any other | ||||||
24 | device with Internet capability without the prior | ||||||
25 | written approval of the Department; | ||||||
26 | (ii) submit to periodic unannounced examinations |
| |||||||
| |||||||
1 | of the offender's computer or any other device with | ||||||
2 | Internet capability by the offender's supervising | ||||||
3 | agent, a law enforcement officer, or assigned computer | ||||||
4 | or information technology specialist, including the | ||||||
5 | retrieval and copying of all data from the computer or | ||||||
6 | device and any internal or external peripherals and | ||||||
7 | removal of such information, equipment, or device to | ||||||
8 | conduct a more thorough inspection; | ||||||
9 | (iii) submit to the installation on the offender's | ||||||
10 | computer or device with Internet capability, at the | ||||||
11 | offender's expense, of one or more hardware or software | ||||||
12 | systems to monitor the Internet use; and | ||||||
13 | (iv) submit to any other appropriate restrictions | ||||||
14 | concerning the offender's use of or access to a | ||||||
15 | computer or any other device with Internet capability | ||||||
16 | imposed by the Board, the Department or the offender's | ||||||
17 | supervising agent; | ||||||
18 | (7.12) if convicted of a sex offense as defined in the | ||||||
19 | Sex Offender
Registration Act committed on or after January | ||||||
20 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
21 | from accessing or using a social networking website as | ||||||
22 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
23 | (7.13) if convicted of a sex offense as defined in | ||||||
24 | Section 2 of the Sex Offender Registration Act committed on | ||||||
25 | or after January 1, 2010 (the effective date of Public Act | ||||||
26 | 96-362) that requires the person to register as a sex |
| |||||||
| |||||||
1 | offender under that Act, may not knowingly use any computer | ||||||
2 | scrub software on any computer that the sex offender uses; | ||||||
3 | (8) obtain permission of an agent of the Department of | ||||||
4 | Corrections before
leaving the
State of Illinois;
| ||||||
5 | (9) obtain permission of an agent of the Department of | ||||||
6 | Corrections before
changing
his or her residence or | ||||||
7 | employment;
| ||||||
8 | (10) consent to a search of his or her person, | ||||||
9 | property, or residence
under his or her
control;
| ||||||
10 | (11) refrain from the use or possession of narcotics or | ||||||
11 | other controlled
substances in
any form, or both, or any | ||||||
12 | paraphernalia related to those substances and submit
to a
| ||||||
13 | urinalysis test as instructed by a parole agent of the | ||||||
14 | Department of
Corrections;
| ||||||
15 | (12) not frequent places where controlled substances | ||||||
16 | are illegally sold,
used,
distributed, or administered;
| ||||||
17 | (13) not knowingly associate with other persons on | ||||||
18 | parole or mandatory
supervised
release without prior | ||||||
19 | written permission of his or her parole agent, except
when | ||||||
20 | the association involves activities related to community | ||||||
21 | programs, worship services, volunteering, and engaging | ||||||
22 | families, and not
associate with
persons who are members of | ||||||
23 | an organized gang as that term is defined in the
Illinois
| ||||||
24 | Streetgang Terrorism Omnibus Prevention Act;
| ||||||
25 | (14) provide true and accurate information, as it | ||||||
26 | relates to his or her
adjustment in the
community while on |
| |||||||
| |||||||
1 | parole or mandatory supervised release or to his or her
| ||||||
2 | conduct
while incarcerated, in response to inquiries by his | ||||||
3 | or her parole agent or of
the
Department of Corrections;
| ||||||
4 | (15) follow any specific instructions provided by the | ||||||
5 | parole agent that
are consistent
with furthering | ||||||
6 | conditions set and approved by the Prisoner Review Board or | ||||||
7 | by
law,
exclusive of placement on electronic detention, to | ||||||
8 | achieve the goals and
objectives of his
or her parole or | ||||||
9 | mandatory supervised release or to protect the public. | ||||||
10 | These
instructions by the parole agent may be modified at | ||||||
11 | any time, as the agent
deems
appropriate;
| ||||||
12 | (16) if convicted of a sex offense as defined in | ||||||
13 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
14 | offender is a parent or guardian of the person under 18 | ||||||
15 | years of age present in the home and no non-familial minors | ||||||
16 | are present, not participate in a holiday event involving | ||||||
17 | children under 18 years of age, such as distributing candy | ||||||
18 | or other items to children on Halloween, wearing a Santa | ||||||
19 | Claus costume on or preceding Christmas, being employed as | ||||||
20 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
21 | costume on or preceding Easter; | ||||||
22 | (17) if convicted of a violation of an order of | ||||||
23 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
25 | placed under electronic surveillance as provided in | ||||||
26 | Section 5-8A-7 of this Code; |
| |||||||
| |||||||
1 | (18) comply with the terms and conditions of an order | ||||||
2 | of protection issued pursuant to the Illinois Domestic | ||||||
3 | Violence Act of 1986; an order of protection issued by the | ||||||
4 | court of another state, tribe, or United States territory; | ||||||
5 | a no contact order issued pursuant to the Civil No Contact | ||||||
6 | Order Act; or a no contact order issued pursuant to the | ||||||
7 | Stalking No Contact Order Act; and | ||||||
8 | (19) if convicted of a violation of the Methamphetamine | ||||||
9 | Control and Community Protection Act, the Methamphetamine
| ||||||
10 | Precursor Control Act, or a methamphetamine related | ||||||
11 | offense, be: | ||||||
12 | (A) prohibited from purchasing, possessing, or | ||||||
13 | having under his or her control any product containing | ||||||
14 | pseudoephedrine unless prescribed by a physician; and | ||||||
15 | (B) prohibited from purchasing, possessing, or | ||||||
16 | having under his or her control any product containing | ||||||
17 | ammonium nitrate ; and | ||||||
18 | (20) be evaluated by the Department of Corrections | ||||||
19 | prior to release using a validated risk assessment and be | ||||||
20 | subject to a corresponding level of supervision. In | ||||||
21 | accordance with the findings of that evaluation: | ||||||
22 | (A) All subjects found to be at a moderate or high | ||||||
23 | risk to recidivate, or on parole or mandatory | ||||||
24 | supervised release for first degree murder, a forcible | ||||||
25 | felony as defined in Section 2-8 of the Criminal Code | ||||||
26 | of 2012, any felony that requires registration as a sex |
| |||||||
| |||||||
1 | offender under the Sex Offender Registration Act, or a | ||||||
2 | Class X felony or Class 1 felony that is not a | ||||||
3 | violation of the Cannabis Control Act, the Illinois | ||||||
4 | Controlled Substances Act, or the Methamphetamine | ||||||
5 | Control and Community Protection Act, shall be subject | ||||||
6 | to high level supervision. The Department shall define | ||||||
7 | high level supervision based upon evidence-based and | ||||||
8 | research-based practices. Notwithstanding this | ||||||
9 | placement on high level supervision, placement of the | ||||||
10 | subject on electronic monitoring or detention shall | ||||||
11 | not occur unless it is required by law or expressly | ||||||
12 | ordered or approved by the Prisoner Review Board. | ||||||
13 | (B) All subjects found to be at a low risk to | ||||||
14 | recidivate shall be subject to low-level supervision, | ||||||
15 | except for those subjects on parole or mandatory | ||||||
16 | supervised release for first degree murder, a forcible | ||||||
17 | felony as defined in Section 2-8 of the Criminal Code | ||||||
18 | of 2012, any felony that requires registration as a sex | ||||||
19 | offender under the Sex Offender Registration Act, or a | ||||||
20 | Class X felony or Class 1 felony that is not a | ||||||
21 | violation of the Cannabis Control Act, the Illinois | ||||||
22 | Controlled Substances Act, or the Methamphetamine | ||||||
23 | Control and Community Protection Act. Low level | ||||||
24 | supervision shall require the subject to check in with | ||||||
25 | the supervising officer via phone or other electronic | ||||||
26 | means. Notwithstanding this placement on low level |
| |||||||
| |||||||
1 | supervision, placement of the subject on electronic | ||||||
2 | monitoring or detention shall not occur unless it is | ||||||
3 | required by law or expressly ordered or approved by the | ||||||
4 | Prisoner Review Board . | ||||||
5 | (b) The Board may in addition to other conditions
require | ||||||
6 | that the subject:
| ||||||
7 | (1) work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (2) undergo medical or psychiatric treatment, or | ||||||
10 | treatment
for drug addiction or alcoholism;
| ||||||
11 | (3) attend or reside in a facility established for the
| ||||||
12 | instruction or residence of persons on probation or parole;
| ||||||
13 | (4) support his or her dependents;
| ||||||
14 | (5) (blank);
| ||||||
15 | (6) (blank);
| ||||||
16 | (7) (blank);
| ||||||
17 | (7.5) if convicted for an offense committed on or after | ||||||
18 | the effective date of this amendatory Act of the 95th | ||||||
19 | General Assembly that would qualify the accused as a child | ||||||
20 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, refrain | ||||||
22 | from communicating with or contacting, by means of the | ||||||
23 | Internet, a person who is related to the accused and whom | ||||||
24 | the accused reasonably believes to be under 18 years of | ||||||
25 | age; for purposes of this paragraph (7.5), "Internet" has | ||||||
26 | the meaning ascribed to it in Section 16-0.1 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012; and a person is related to the | ||||||
2 | accused if the person is: (i) the spouse, brother, or | ||||||
3 | sister of the accused; (ii) a descendant of the accused; | ||||||
4 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
5 | step-child or adopted child of the accused; | ||||||
6 | (7.6) if convicted for an offense committed on or after | ||||||
7 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
8 | would qualify as a sex offense as defined in the Sex | ||||||
9 | Offender Registration Act: | ||||||
10 | (i) not access or use a computer or any other | ||||||
11 | device with Internet capability without the prior | ||||||
12 | written approval of the Department; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's supervising | ||||||
16 | agent, a law enforcement officer, or assigned computer | ||||||
17 | or information technology specialist, including the | ||||||
18 | retrieval and copying of all data from the computer or | ||||||
19 | device and any internal or external peripherals and | ||||||
20 | removal of such information, equipment, or device to | ||||||
21 | conduct a more thorough inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or software | ||||||
25 | systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
| |||||||
| |||||||
1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the Board, the Department or the offender's | ||||||
4 | supervising agent; and
| ||||||
5 | (8) in addition, if a minor:
| ||||||
6 | (i) reside with his or her parents or in a foster | ||||||
7 | home;
| ||||||
8 | (ii) attend school;
| ||||||
9 | (iii) attend a non-residential program for youth; | ||||||
10 | or
| ||||||
11 | (iv) contribute to his or her own support at home | ||||||
12 | or in a foster
home.
| ||||||
13 | (b-1) In addition to the conditions set forth in | ||||||
14 | subsections (a) and (b), persons required to register as sex | ||||||
15 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
16 | release from the custody of the Illinois Department of | ||||||
17 | Corrections, may be required by the Board to comply with the | ||||||
18 | following specific conditions of release: | ||||||
19 | (1) reside only at a Department approved location; | ||||||
20 | (2) comply with all requirements of the Sex Offender | ||||||
21 | Registration Act;
| ||||||
22 | (3) notify
third parties of the risks that may be | ||||||
23 | occasioned by his or her criminal record; | ||||||
24 | (4) obtain the approval of an agent of the Department | ||||||
25 | of Corrections prior to accepting employment or pursuing a | ||||||
26 | course of study or vocational training and notify the |
| |||||||
| |||||||
1 | Department prior to any change in employment, study, or | ||||||
2 | training; | ||||||
3 | (5) not be employed or participate in any
volunteer | ||||||
4 | activity that involves contact with children, except under | ||||||
5 | circumstances approved in advance and in writing by an | ||||||
6 | agent of the Department of Corrections; | ||||||
7 | (6) be electronically monitored for a minimum of 12 | ||||||
8 | months from the date of release as determined by the Board;
| ||||||
9 | (7) refrain from entering into a designated
geographic | ||||||
10 | area except upon terms approved in advance by an agent of | ||||||
11 | the Department of Corrections. The terms may include | ||||||
12 | consideration of the purpose of the entry, the time of day, | ||||||
13 | and others accompanying the person; | ||||||
14 | (8) refrain from having any contact, including
written | ||||||
15 | or oral communications, directly or indirectly, personally | ||||||
16 | or by telephone, letter, or through a third party with | ||||||
17 | certain specified persons including, but not limited to, | ||||||
18 | the victim or the victim's family without the prior written | ||||||
19 | approval of an agent of the Department of Corrections; | ||||||
20 | (9) refrain from all contact, directly or
indirectly, | ||||||
21 | personally, by telephone, letter, or through a third party, | ||||||
22 | with minor children without prior identification and | ||||||
23 | approval of an agent of the Department of Corrections; | ||||||
24 | (10) neither possess or have under his or her
control | ||||||
25 | any material that is sexually oriented, sexually | ||||||
26 | stimulating, or that shows male or female sex organs or any |
| |||||||
| |||||||
1 | pictures depicting children under 18 years of age nude or | ||||||
2 | any written or audio material describing sexual | ||||||
3 | intercourse or that depicts or alludes to sexual activity, | ||||||
4 | including but not limited to visual, auditory, telephonic, | ||||||
5 | or electronic media, or any matter obtained through access | ||||||
6 | to any computer or material linked to computer access use; | ||||||
7 | (11) not patronize any business providing
sexually | ||||||
8 | stimulating or sexually oriented entertainment nor utilize | ||||||
9 | "900" or adult telephone numbers; | ||||||
10 | (12) not reside near, visit, or be in or about
parks, | ||||||
11 | schools, day care centers, swimming pools, beaches, | ||||||
12 | theaters, or any other places where minor children | ||||||
13 | congregate without advance approval of an agent of the | ||||||
14 | Department of Corrections and immediately report any | ||||||
15 | incidental contact with minor children to the Department; | ||||||
16 | (13) not possess or have under his or her control
| ||||||
17 | certain specified items of contraband related to the | ||||||
18 | incidence of sexually offending as determined by an agent | ||||||
19 | of the Department of Corrections; | ||||||
20 | (14) may be required to provide a written daily log of | ||||||
21 | activities
if directed by an agent of the Department of | ||||||
22 | Corrections; | ||||||
23 | (15) comply with all other special conditions
that the | ||||||
24 | Department may impose that restrict the person from | ||||||
25 | high-risk situations and limit access to potential | ||||||
26 | victims; |
| |||||||
| |||||||
1 | (16) take an annual polygraph exam; | ||||||
2 | (17) maintain a log of his or her travel; or | ||||||
3 | (18) obtain prior approval of his or her parole officer | ||||||
4 | before driving alone in a motor vehicle.
| ||||||
5 | (c) The conditions under which the parole or mandatory
| ||||||
6 | supervised release is to be served shall be communicated to
the | ||||||
7 | person in writing prior to his or her release, and he or she | ||||||
8 | shall
sign the same before release. A signed copy of these | ||||||
9 | conditions,
including a copy of an order of protection where | ||||||
10 | one had been issued by the
criminal court, shall be retained by | ||||||
11 | the person and another copy forwarded to
the officer in charge | ||||||
12 | of his or her supervision.
| ||||||
13 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
14 | Review Board may modify or enlarge the conditions of parole
or | ||||||
15 | mandatory supervised release.
| ||||||
16 | (e) The Department shall inform all offenders committed to
| ||||||
17 | the Department of the optional services available to them
upon | ||||||
18 | release and shall assist inmates in availing themselves
of such | ||||||
19 | optional services upon their release on a voluntary
basis. | ||||||
20 | (f) (Blank).
| ||||||
21 | (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; | ||||||
22 | 100-201, eff. 8-18-17.)
| ||||||
23 | (Text of Section after amendment by P.A. 100-260 ) | ||||||
24 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
25 | release.
|
| |||||||
| |||||||
1 | (a) The conditions of parole or mandatory
supervised | ||||||
2 | release shall be such as the Prisoner Review
Board deems | ||||||
3 | necessary to assist the subject in leading a
law-abiding life. | ||||||
4 | The conditions of every parole and mandatory
supervised release | ||||||
5 | are that the subject:
| ||||||
6 | (1) not violate any criminal statute of any | ||||||
7 | jurisdiction
during the parole or release term;
| ||||||
8 | (2) refrain from possessing a firearm or other | ||||||
9 | dangerous
weapon;
| ||||||
10 | (3) report to an agent of the Department of | ||||||
11 | Corrections;
| ||||||
12 | (4) permit the agent to visit him or her at his or her | ||||||
13 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
14 | the agent to discharge his or her duties;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction or
residence
of persons on
parole or mandatory | ||||||
17 | supervised release;
| ||||||
18 | (6) secure permission before visiting or writing a | ||||||
19 | committed person in an
Illinois Department
of Corrections | ||||||
20 | facility;
| ||||||
21 | (7) report all arrests to an agent of the Department of | ||||||
22 | Corrections as
soon as
permitted by the
arresting authority | ||||||
23 | but in no event later than 24 hours after release from
| ||||||
24 | custody and immediately report service or notification of | ||||||
25 | an order of protection, a civil no contact order, or a | ||||||
26 | stalking no contact order to an agent of the Department of |
| |||||||
| |||||||
1 | Corrections;
| ||||||
2 | (7.5) if convicted of a sex offense as defined in the | ||||||
3 | Sex Offender
Management Board Act, the individual shall | ||||||
4 | undergo and successfully complete
sex offender treatment | ||||||
5 | conducted in conformance with the standards developed by
| ||||||
6 | the Sex
Offender Management Board Act by a treatment | ||||||
7 | provider approved by the Board;
| ||||||
8 | (7.6) if convicted of a sex offense as defined in the | ||||||
9 | Sex Offender
Management Board Act, refrain from residing at | ||||||
10 | the same address or in the same condominium unit or | ||||||
11 | apartment unit or in the same condominium complex or | ||||||
12 | apartment complex with another person he or she knows or | ||||||
13 | reasonably should know is a convicted sex offender or has | ||||||
14 | been placed on supervision for a sex offense; the | ||||||
15 | provisions of this paragraph do not apply to a person | ||||||
16 | convicted of a sex offense who is placed in a Department of | ||||||
17 | Corrections licensed transitional housing facility for sex | ||||||
18 | offenders, or is in any facility operated or licensed by | ||||||
19 | the Department of Children and Family Services or by the | ||||||
20 | Department of Human Services, or is in any licensed medical | ||||||
21 | facility;
| ||||||
22 | (7.7) if convicted for an offense that would qualify | ||||||
23 | the accused as a sexual predator under the Sex Offender | ||||||
24 | Registration Act on or after January 1, 2007 (the effective | ||||||
25 | date of Public Act 94-988), wear an approved electronic | ||||||
26 | monitoring device as defined in Section 5-8A-2 for the |
| |||||||
| |||||||
1 | duration of the person's parole, mandatory supervised | ||||||
2 | release term, or extended mandatory supervised release | ||||||
3 | term and if convicted for an offense of criminal sexual | ||||||
4 | assault, aggravated criminal sexual assault, predatory | ||||||
5 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
6 | aggravated criminal sexual abuse, or ritualized abuse of a | ||||||
7 | child committed on or after August 11, 2009 (the effective | ||||||
8 | date of Public Act 96-236) when the victim was under 18 | ||||||
9 | years of age at the time of the commission of the offense | ||||||
10 | and the defendant used force or the threat of force in the | ||||||
11 | commission of the offense wear an approved electronic | ||||||
12 | monitoring device as defined in Section 5-8A-2 that has | ||||||
13 | Global Positioning System (GPS) capability for the | ||||||
14 | duration of the person's parole, mandatory supervised | ||||||
15 | release term, or extended mandatory supervised release | ||||||
16 | term;
| ||||||
17 | (7.8) if convicted for an offense committed on or after | ||||||
18 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
19 | would qualify the accused as a child sex offender as | ||||||
20 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012, refrain from | ||||||
22 | communicating with or contacting, by means of the Internet, | ||||||
23 | a person who is not related to the accused and whom the | ||||||
24 | accused reasonably believes to be under 18 years of age; | ||||||
25 | for purposes of this paragraph (7.8), "Internet" has the | ||||||
26 | meaning ascribed to it in Section 16-0.1 of the Criminal |
| |||||||
| |||||||
1 | Code of 2012; and a person is not related to the accused if | ||||||
2 | the person is not: (i) the spouse, brother, or sister of | ||||||
3 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
4 | first or second cousin of the accused; or (iv) a step-child | ||||||
5 | or adopted child of the accused;
| ||||||
6 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
7 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012, consent to search of computers, | ||||||
9 | PDAs, cellular phones, and other devices under his or her | ||||||
10 | control that are capable of accessing the Internet or | ||||||
11 | storing electronic files, in order to confirm Internet | ||||||
12 | protocol addresses reported in accordance with the Sex | ||||||
13 | Offender Registration Act and compliance with conditions | ||||||
14 | in this Act;
| ||||||
15 | (7.10)
if convicted for an offense that would qualify | ||||||
16 | the accused as a sex offender or sexual predator under the | ||||||
17 | Sex Offender Registration Act on or after June 1, 2008 (the | ||||||
18 | effective date of Public Act 95-640), not possess | ||||||
19 | prescription drugs for erectile dysfunction;
| ||||||
20 | (7.11) if convicted for an offense under Section 11-6, | ||||||
21 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
22 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
24 | or any attempt to commit any of these offenses, committed | ||||||
25 | on or after June 1, 2009 (the effective date of Public Act | ||||||
26 | 95-983): |
| |||||||
| |||||||
1 | (i) not access or use a computer or any other | ||||||
2 | device with Internet capability without the prior | ||||||
3 | written approval of the Department; | ||||||
4 | (ii) submit to periodic unannounced examinations | ||||||
5 | of the offender's computer or any other device with | ||||||
6 | Internet capability by the offender's supervising | ||||||
7 | agent, a law enforcement officer, or assigned computer | ||||||
8 | or information technology specialist, including the | ||||||
9 | retrieval and copying of all data from the computer or | ||||||
10 | device and any internal or external peripherals and | ||||||
11 | removal of such information, equipment, or device to | ||||||
12 | conduct a more thorough inspection; | ||||||
13 | (iii) submit to the installation on the offender's | ||||||
14 | computer or device with Internet capability, at the | ||||||
15 | offender's expense, of one or more hardware or software | ||||||
16 | systems to monitor the Internet use; and | ||||||
17 | (iv) submit to any other appropriate restrictions | ||||||
18 | concerning the offender's use of or access to a | ||||||
19 | computer or any other device with Internet capability | ||||||
20 | imposed by the Board, the Department or the offender's | ||||||
21 | supervising agent; | ||||||
22 | (7.12) if convicted of a sex offense as defined in the | ||||||
23 | Sex Offender
Registration Act committed on or after January | ||||||
24 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
25 | from accessing or using a social networking website as | ||||||
26 | defined in Section 17-0.5 of the Criminal Code of 2012;
|
| |||||||
| |||||||
1 | (7.13) if convicted of a sex offense as defined in | ||||||
2 | Section 2 of the Sex Offender Registration Act committed on | ||||||
3 | or after January 1, 2010 (the effective date of Public Act | ||||||
4 | 96-362) that requires the person to register as a sex | ||||||
5 | offender under that Act, may not knowingly use any computer | ||||||
6 | scrub software on any computer that the sex offender uses; | ||||||
7 | (8) obtain permission of an agent of the Department of | ||||||
8 | Corrections before
leaving the
State of Illinois;
| ||||||
9 | (9) obtain permission of an agent of the Department of | ||||||
10 | Corrections before
changing
his or her residence or | ||||||
11 | employment;
| ||||||
12 | (10) consent to a search of his or her person, | ||||||
13 | property, or residence
under his or her
control;
| ||||||
14 | (11) refrain from the use or possession of narcotics or | ||||||
15 | other controlled
substances in
any form, or both, or any | ||||||
16 | paraphernalia related to those substances and submit
to a
| ||||||
17 | urinalysis test as instructed by a parole agent of the | ||||||
18 | Department of
Corrections;
| ||||||
19 | (12) not frequent places where controlled substances | ||||||
20 | are illegally sold,
used,
distributed, or administered;
| ||||||
21 | (13) not knowingly associate with other persons on | ||||||
22 | parole or mandatory
supervised
release without prior | ||||||
23 | written permission of his or her parole agent, except
when | ||||||
24 | the association involves activities related to community | ||||||
25 | programs, worship services, volunteering, and engaging | ||||||
26 | families, and not
associate with
persons who are members of |
| |||||||
| |||||||
1 | an organized gang as that term is defined in the
Illinois
| ||||||
2 | Streetgang Terrorism Omnibus Prevention Act;
| ||||||
3 | (14) provide true and accurate information, as it | ||||||
4 | relates to his or her
adjustment in the
community while on | ||||||
5 | parole or mandatory supervised release or to his or her
| ||||||
6 | conduct
while incarcerated, in response to inquiries by his | ||||||
7 | or her parole agent or of
the
Department of Corrections;
| ||||||
8 | (15) follow any specific instructions provided by the | ||||||
9 | parole agent that
are consistent
with furthering | ||||||
10 | conditions set and approved by the Prisoner Review Board or | ||||||
11 | by
law,
exclusive of placement on electronic detention, to | ||||||
12 | achieve the goals and
objectives of his
or her parole or | ||||||
13 | mandatory supervised release or to protect the public. | ||||||
14 | These
instructions by the parole agent may be modified at | ||||||
15 | any time, as the agent
deems
appropriate;
| ||||||
16 | (16) if convicted of a sex offense as defined in | ||||||
17 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
18 | offender is a parent or guardian of the person under 18 | ||||||
19 | years of age present in the home and no non-familial minors | ||||||
20 | are present, not participate in a holiday event involving | ||||||
21 | children under 18 years of age, such as distributing candy | ||||||
22 | or other items to children on Halloween, wearing a Santa | ||||||
23 | Claus costume on or preceding Christmas, being employed as | ||||||
24 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
25 | costume on or preceding Easter; | ||||||
26 | (17) if convicted of a violation of an order of |
| |||||||
| |||||||
1 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
3 | placed under electronic surveillance as provided in | ||||||
4 | Section 5-8A-7 of this Code; | ||||||
5 | (18) comply with the terms and conditions of an order | ||||||
6 | of protection issued pursuant to the Illinois Domestic | ||||||
7 | Violence Act of 1986; an order of protection issued by the | ||||||
8 | court of another state, tribe, or United States territory; | ||||||
9 | a no contact order issued pursuant to the Civil No Contact | ||||||
10 | Order Act; or a no contact order issued pursuant to the | ||||||
11 | Stalking No Contact Order Act; | ||||||
12 | (19) if convicted of a violation of the Methamphetamine | ||||||
13 | Control and Community Protection Act, the Methamphetamine
| ||||||
14 | Precursor Control Act, or a methamphetamine related | ||||||
15 | offense, be: | ||||||
16 | (A) prohibited from purchasing, possessing, or | ||||||
17 | having under his or her control any product containing | ||||||
18 | pseudoephedrine unless prescribed by a physician; and | ||||||
19 | (B) prohibited from purchasing, possessing, or | ||||||
20 | having under his or her control any product containing | ||||||
21 | ammonium nitrate; and | ||||||
22 | (20) if convicted of a hate crime under Section 12-7.1 | ||||||
23 | of the Criminal Code of 2012, perform public or community | ||||||
24 | service of no less than 200 hours and enroll in an
| ||||||
25 | educational program discouraging hate crimes involving the | ||||||
26 | protected class
identified in subsection (a) of Section |
| |||||||
| |||||||
1 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
2 | offense the offender committed ordered by the court ; and | ||||||
3 | (21) be evaluated by the Department of Corrections | ||||||
4 | prior to release using a validated risk assessment and be | ||||||
5 | subject to a corresponding level of supervision. In | ||||||
6 | accordance with the findings of that evaluation: | ||||||
7 | (A) All subjects found to be at a moderate or high | ||||||
8 | risk to recidivate, or on parole or mandatory | ||||||
9 | supervised release for first degree murder, a forcible | ||||||
10 | felony as defined in Section 2-8 of the Criminal Code | ||||||
11 | of 2012, any felony that requires registration as a sex | ||||||
12 | offender under the Sex Offender Registration Act, or a | ||||||
13 | Class X felony or Class 1 felony that is not a | ||||||
14 | violation of the Cannabis Control Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act, shall be subject | ||||||
17 | to high level supervision. The Department shall define | ||||||
18 | high level supervision based upon evidence-based and | ||||||
19 | research-based practices. Notwithstanding this | ||||||
20 | placement on high level supervision, placement of the | ||||||
21 | subject on electronic monitoring or detention shall | ||||||
22 | not occur unless it is required by law or expressly | ||||||
23 | ordered or approved by the Prisoner Review Board. | ||||||
24 | (B) All subjects found to be at a low risk to | ||||||
25 | recidivate shall be subject to low-level supervision, | ||||||
26 | except for those subjects on parole or mandatory |
| |||||||
| |||||||
1 | supervised release for first degree murder, a forcible | ||||||
2 | felony as defined in Section 2-8 of the Criminal Code | ||||||
3 | of 2012, any felony that requires registration as a sex | ||||||
4 | offender under the Sex Offender Registration Act, or a | ||||||
5 | Class X felony or Class 1 felony that is not a | ||||||
6 | violation of the Cannabis Control Act, the Illinois | ||||||
7 | Controlled Substances Act, or the Methamphetamine | ||||||
8 | Control and Community Protection Act. Low level | ||||||
9 | supervision shall require the subject to check in with | ||||||
10 | the supervising officer via phone or other electronic | ||||||
11 | means. Notwithstanding this placement on low level | ||||||
12 | supervision, placement of the subject on electronic | ||||||
13 | monitoring or detention shall not occur unless it is | ||||||
14 | required by law or expressly ordered or approved by the | ||||||
15 | Prisoner Review Board . | ||||||
16 | (b) The Board may in addition to other conditions
require | ||||||
17 | that the subject:
| ||||||
18 | (1) work or pursue a course of study or vocational | ||||||
19 | training;
| ||||||
20 | (2) undergo medical or psychiatric treatment, or | ||||||
21 | treatment
for drug addiction or alcoholism;
| ||||||
22 | (3) attend or reside in a facility established for the
| ||||||
23 | instruction or residence of persons on probation or parole;
| ||||||
24 | (4) support his or her dependents;
| ||||||
25 | (5) (blank);
| ||||||
26 | (6) (blank);
|
| |||||||
| |||||||
1 | (7) (blank);
| ||||||
2 | (7.5) if convicted for an offense committed on or after | ||||||
3 | the effective date of this amendatory Act of the 95th | ||||||
4 | General Assembly that would qualify the accused as a child | ||||||
5 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, refrain | ||||||
7 | from communicating with or contacting, by means of the | ||||||
8 | Internet, a person who is related to the accused and whom | ||||||
9 | the accused reasonably believes to be under 18 years of | ||||||
10 | age; for purposes of this paragraph (7.5), "Internet" has | ||||||
11 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
12 | Criminal Code of 2012; and a person is related to the | ||||||
13 | accused if the person is: (i) the spouse, brother, or | ||||||
14 | sister of the accused; (ii) a descendant of the accused; | ||||||
15 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
16 | step-child or adopted child of the accused; | ||||||
17 | (7.6) if convicted for an offense committed on or after | ||||||
18 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
19 | would qualify as a sex offense as defined in the Sex | ||||||
20 | Offender Registration Act: | ||||||
21 | (i) not access or use a computer or any other | ||||||
22 | device with Internet capability without the prior | ||||||
23 | written approval of the Department; | ||||||
24 | (ii) submit to periodic unannounced examinations | ||||||
25 | of the offender's computer or any other device with | ||||||
26 | Internet capability by the offender's supervising |
| |||||||
| |||||||
1 | agent, a law enforcement officer, or assigned computer | ||||||
2 | or information technology specialist, including the | ||||||
3 | retrieval and copying of all data from the computer or | ||||||
4 | device and any internal or external peripherals and | ||||||
5 | removal of such information, equipment, or device to | ||||||
6 | conduct a more thorough inspection; | ||||||
7 | (iii) submit to the installation on the offender's | ||||||
8 | computer or device with Internet capability, at the | ||||||
9 | offender's expense, of one or more hardware or software | ||||||
10 | systems to monitor the Internet use; and | ||||||
11 | (iv) submit to any other appropriate restrictions | ||||||
12 | concerning the offender's use of or access to a | ||||||
13 | computer or any other device with Internet capability | ||||||
14 | imposed by the Board, the Department or the offender's | ||||||
15 | supervising agent; and
| ||||||
16 | (8) in addition, if a minor:
| ||||||
17 | (i) reside with his or her parents or in a foster | ||||||
18 | home;
| ||||||
19 | (ii) attend school;
| ||||||
20 | (iii) attend a non-residential program for youth; | ||||||
21 | or
| ||||||
22 | (iv) contribute to his or her own support at home | ||||||
23 | or in a foster
home.
| ||||||
24 | (b-1) In addition to the conditions set forth in | ||||||
25 | subsections (a) and (b), persons required to register as sex | ||||||
26 | offenders pursuant to the Sex Offender Registration Act, upon |
| |||||||
| |||||||
1 | release from the custody of the Illinois Department of | ||||||
2 | Corrections, may be required by the Board to comply with the | ||||||
3 | following specific conditions of release: | ||||||
4 | (1) reside only at a Department approved location; | ||||||
5 | (2) comply with all requirements of the Sex Offender | ||||||
6 | Registration Act;
| ||||||
7 | (3) notify
third parties of the risks that may be | ||||||
8 | occasioned by his or her criminal record; | ||||||
9 | (4) obtain the approval of an agent of the Department | ||||||
10 | of Corrections prior to accepting employment or pursuing a | ||||||
11 | course of study or vocational training and notify the | ||||||
12 | Department prior to any change in employment, study, or | ||||||
13 | training; | ||||||
14 | (5) not be employed or participate in any
volunteer | ||||||
15 | activity that involves contact with children, except under | ||||||
16 | circumstances approved in advance and in writing by an | ||||||
17 | agent of the Department of Corrections; | ||||||
18 | (6) be electronically monitored for a minimum of 12 | ||||||
19 | months from the date of release as determined by the Board;
| ||||||
20 | (7) refrain from entering into a designated
geographic | ||||||
21 | area except upon terms approved in advance by an agent of | ||||||
22 | the Department of Corrections. The terms may include | ||||||
23 | consideration of the purpose of the entry, the time of day, | ||||||
24 | and others accompanying the person; | ||||||
25 | (8) refrain from having any contact, including
written | ||||||
26 | or oral communications, directly or indirectly, personally |
| |||||||
| |||||||
1 | or by telephone, letter, or through a third party with | ||||||
2 | certain specified persons including, but not limited to, | ||||||
3 | the victim or the victim's family without the prior written | ||||||
4 | approval of an agent of the Department of Corrections; | ||||||
5 | (9) refrain from all contact, directly or
indirectly, | ||||||
6 | personally, by telephone, letter, or through a third party, | ||||||
7 | with minor children without prior identification and | ||||||
8 | approval of an agent of the Department of Corrections; | ||||||
9 | (10) neither possess or have under his or her
control | ||||||
10 | any material that is sexually oriented, sexually | ||||||
11 | stimulating, or that shows male or female sex organs or any | ||||||
12 | pictures depicting children under 18 years of age nude or | ||||||
13 | any written or audio material describing sexual | ||||||
14 | intercourse or that depicts or alludes to sexual activity, | ||||||
15 | including but not limited to visual, auditory, telephonic, | ||||||
16 | or electronic media, or any matter obtained through access | ||||||
17 | to any computer or material linked to computer access use; | ||||||
18 | (11) not patronize any business providing
sexually | ||||||
19 | stimulating or sexually oriented entertainment nor utilize | ||||||
20 | "900" or adult telephone numbers; | ||||||
21 | (12) not reside near, visit, or be in or about
parks, | ||||||
22 | schools, day care centers, swimming pools, beaches, | ||||||
23 | theaters, or any other places where minor children | ||||||
24 | congregate without advance approval of an agent of the | ||||||
25 | Department of Corrections and immediately report any | ||||||
26 | incidental contact with minor children to the Department; |
| |||||||
| |||||||
1 | (13) not possess or have under his or her control
| ||||||
2 | certain specified items of contraband related to the | ||||||
3 | incidence of sexually offending as determined by an agent | ||||||
4 | of the Department of Corrections; | ||||||
5 | (14) may be required to provide a written daily log of | ||||||
6 | activities
if directed by an agent of the Department of | ||||||
7 | Corrections; | ||||||
8 | (15) comply with all other special conditions
that the | ||||||
9 | Department may impose that restrict the person from | ||||||
10 | high-risk situations and limit access to potential | ||||||
11 | victims; | ||||||
12 | (16) take an annual polygraph exam; | ||||||
13 | (17) maintain a log of his or her travel; or | ||||||
14 | (18) obtain prior approval of his or her parole officer | ||||||
15 | before driving alone in a motor vehicle.
| ||||||
16 | (c) The conditions under which the parole or mandatory
| ||||||
17 | supervised release is to be served shall be communicated to
the | ||||||
18 | person in writing prior to his or her release, and he or she | ||||||
19 | shall
sign the same before release. A signed copy of these | ||||||
20 | conditions,
including a copy of an order of protection where | ||||||
21 | one had been issued by the
criminal court, shall be retained by | ||||||
22 | the person and another copy forwarded to
the officer in charge | ||||||
23 | of his or her supervision.
| ||||||
24 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
25 | Review Board may modify or enlarge the conditions of parole
or | ||||||
26 | mandatory supervised release.
|
| |||||||
| |||||||
1 | (e) The Department shall inform all offenders committed to
| ||||||
2 | the Department of the optional services available to them
upon | ||||||
3 | release and shall assist inmates in availing themselves
of such | ||||||
4 | optional services upon their release on a voluntary
basis. | ||||||
5 | (f) (Blank).
| ||||||
6 | (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; | ||||||
7 | 100-201, eff. 8-18-17; 100-260, eff. 1-1-18.)
| ||||||
8 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
9 | (Text of Section from P.A. 99-642 )
| ||||||
10 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
11 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
12 | and regulations for awarding and revoking sentence credit for | ||||||
13 | persons committed to the Department which shall
be subject to | ||||||
14 | review by the Prisoner Review Board.
| ||||||
15 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
16 | awarded for the following: | ||||||
17 | (A) successful completion of programming while in | ||||||
18 | custody of the Department or while in custody prior to | ||||||
19 | sentencing; | ||||||
20 | (B) compliance with the rules and regulations of the | ||||||
21 | Department; or | ||||||
22 | (C) service to the institution, service to a community, | ||||||
23 | or service to the State. | ||||||
24 | (2) The rules and regulations on sentence credit shall | ||||||
25 | provide, with
respect to offenses listed in clause (i), (ii), |
| |||||||
| |||||||
1 | or (iii) of this paragraph (2) committed on or after June 19, | ||||||
2 | 1998 or with respect to the offense listed in clause (iv) of | ||||||
3 | this paragraph (2) committed on or after June 23, 2005 (the | ||||||
4 | effective date of Public Act 94-71) or with
respect to offense | ||||||
5 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
6 | effective date of Public Act 95-625)
or with respect to the | ||||||
7 | offense of being an armed habitual criminal committed on or | ||||||
8 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
9 | or with respect to the offenses listed in clause (v) of this | ||||||
10 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
11 | effective date of Public Act 95-134) or with respect to the | ||||||
12 | offense of aggravated domestic battery committed on or after | ||||||
13 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
14 | with respect to the offense of attempt to commit terrorism | ||||||
15 | committed on or after January 1, 2013 (the effective date of | ||||||
16 | Public Act 97-990), the following:
| ||||||
17 | (i) that a prisoner who is serving a term of | ||||||
18 | imprisonment for first
degree murder or for the offense of | ||||||
19 | terrorism shall receive no sentence
credit and shall serve | ||||||
20 | the entire
sentence imposed by the court;
| ||||||
21 | (ii) that a prisoner serving a sentence for attempt to | ||||||
22 | commit terrorism, attempt to commit first
degree murder, | ||||||
23 | solicitation of murder, solicitation of murder for hire,
| ||||||
24 | intentional homicide of an unborn child, predatory | ||||||
25 | criminal sexual assault of a
child, aggravated criminal | ||||||
26 | sexual assault, criminal sexual assault, aggravated
|
| |||||||
| |||||||
1 | kidnapping, aggravated battery with a firearm as described | ||||||
2 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
3 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
4 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
5 | being an armed habitual criminal, aggravated
battery of a | ||||||
6 | senior citizen as described in Section 12-4.6 or | ||||||
7 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
8 | battery of a child as described in Section 12-4.3 or | ||||||
9 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
10 | than 4.5 days of sentence credit for each month of his or | ||||||
11 | her sentence
of imprisonment;
| ||||||
12 | (iii) that a prisoner serving a sentence
for home | ||||||
13 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
14 | aggravated discharge of a firearm, or armed violence with a | ||||||
15 | category I weapon
or category II weapon, when the court
has | ||||||
16 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
17 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
18 | conviction for the enumerated offense
resulted in great | ||||||
19 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
20 | days
of sentence credit for each month of his or her | ||||||
21 | sentence of imprisonment;
| ||||||
22 | (iv) that a prisoner serving a sentence for aggravated | ||||||
23 | discharge of a firearm, whether or not the conduct leading | ||||||
24 | to conviction for the offense resulted in great bodily harm | ||||||
25 | to the victim, shall receive no more than 4.5 days of | ||||||
26 | sentence credit for each month of his or her sentence of |
| |||||||
| |||||||
1 | imprisonment;
| ||||||
2 | (v) that a person serving a sentence for gunrunning, | ||||||
3 | narcotics racketeering, controlled substance trafficking, | ||||||
4 | methamphetamine trafficking, drug-induced homicide, | ||||||
5 | aggravated methamphetamine-related child endangerment, | ||||||
6 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
7 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, or a Class X felony conviction for delivery | ||||||
9 | of a controlled substance, possession of a controlled | ||||||
10 | substance with intent to manufacture or deliver, | ||||||
11 | calculated criminal drug conspiracy, criminal drug | ||||||
12 | conspiracy, street gang criminal drug conspiracy, | ||||||
13 | participation in methamphetamine manufacturing, aggravated | ||||||
14 | participation in methamphetamine manufacturing, delivery | ||||||
15 | of methamphetamine, possession with intent to deliver | ||||||
16 | methamphetamine, aggravated delivery of methamphetamine, | ||||||
17 | aggravated possession with intent to deliver | ||||||
18 | methamphetamine, methamphetamine conspiracy when the | ||||||
19 | substance containing the controlled substance or | ||||||
20 | methamphetamine is 100 grams or more shall receive no more | ||||||
21 | than 7.5 days sentence credit for each month of his or her | ||||||
22 | sentence of imprisonment;
| ||||||
23 | (vi)
that a prisoner serving a sentence for a second or | ||||||
24 | subsequent offense of luring a minor shall receive no more | ||||||
25 | than 4.5 days of sentence credit for each month of his or | ||||||
26 | her sentence of imprisonment; and
|
| |||||||
| |||||||
1 | (vii) that a prisoner serving a sentence for aggravated | ||||||
2 | domestic battery shall receive no more than 4.5 days of | ||||||
3 | sentence credit for each month of his or her sentence of | ||||||
4 | imprisonment. | ||||||
5 | (2.1) For all offenses, other than those enumerated in | ||||||
6 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
7 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
8 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
9 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
10 | (the effective date of Public Act 95-134)
or subdivision | ||||||
11 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
12 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
13 | on or after July 23, 2010 (the effective date of Public Act | ||||||
14 | 96-1224), and other than the offense 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 (F) of paragraph (1) of subsection | ||||||
18 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
19 | than the offense of aggravated driving under the influence of | ||||||
20 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or any combination
thereof as defined in | ||||||
22 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
23 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
24 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
25 | rules and regulations shall
provide that a prisoner who is | ||||||
26 | serving a term of
imprisonment shall receive one day of |
| |||||||
| |||||||
1 | sentence credit for each day of
his or her sentence of | ||||||
2 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
3 | sentence credit shall reduce by one day the prisoner's period
| ||||||
4 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
5 | (2.2) A prisoner serving a term of natural life | ||||||
6 | imprisonment or a
prisoner who has been sentenced to death | ||||||
7 | shall receive no sentence
credit.
| ||||||
8 | (2.3) The rules and regulations on sentence credit shall | ||||||
9 | provide that
a prisoner who is serving a sentence for | ||||||
10 | aggravated driving under the influence of alcohol,
other drug | ||||||
11 | or drugs, or intoxicating compound or compounds, or any | ||||||
12 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
13 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
14 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
15 | for each month of his or her sentence of
imprisonment.
| ||||||
16 | (2.4) The rules and regulations on sentence credit shall | ||||||
17 | provide with
respect to the offenses of aggravated battery with | ||||||
18 | a machine gun or a firearm
equipped with any device or | ||||||
19 | attachment designed or used for silencing the
report of a | ||||||
20 | firearm or aggravated discharge of a machine gun or a firearm
| ||||||
21 | equipped with any device or attachment designed or used for | ||||||
22 | silencing the
report of a firearm, committed on or after
July | ||||||
23 | 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
24 | prisoner serving a sentence for any of these offenses shall | ||||||
25 | receive no
more than 4.5 days of sentence credit for each month | ||||||
26 | of his or her sentence
of imprisonment.
|
| |||||||
| |||||||
1 | (2.5) The rules and regulations on sentence credit shall | ||||||
2 | provide that a
prisoner who is serving a sentence for | ||||||
3 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
4 | effective date of Public Act 92-176) shall receive no more than
| ||||||
5 | 4.5 days of sentence credit for each month of his or her | ||||||
6 | sentence of
imprisonment.
| ||||||
7 | (2.6) The rules and regulations on sentence credit shall | ||||||
8 | provide that a
prisoner who is serving a sentence for | ||||||
9 | aggravated driving under the influence of alcohol,
other drug | ||||||
10 | or drugs, or intoxicating compound or compounds or any | ||||||
11 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
12 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
13 | Code committed on or after January 1, 2011 (the effective date | ||||||
14 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
15 | sentence credit for each month of his or her sentence of
| ||||||
16 | imprisonment. | ||||||
17 | (3) The rules and regulations shall also provide that
the | ||||||
18 | Director may award up to 180 days additional sentence
credit | ||||||
19 | for good conduct in specific instances as the
Director deems | ||||||
20 | proper. The good conduct may include, but is not limited to, | ||||||
21 | compliance with the rules and regulations of the Department, | ||||||
22 | service to the Department, service to a community, or service | ||||||
23 | to the State. However, the Director shall not award more than | ||||||
24 | 90 days
of sentence credit for good conduct to any prisoner who | ||||||
25 | is serving a sentence for
conviction of first degree murder, | ||||||
26 | reckless homicide while under the
influence of alcohol or any |
| |||||||
| |||||||
1 | other drug,
or aggravated driving under the influence of | ||||||
2 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
3 | compounds, or any combination thereof as defined in
| ||||||
4 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
5 | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | ||||||
6 | kidnapping,
predatory criminal sexual assault of a child,
| ||||||
7 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
8 | deviate sexual
assault, aggravated criminal sexual abuse, | ||||||
9 | aggravated indecent liberties
with a child, indecent liberties | ||||||
10 | with a child, child pornography, heinous
battery as described | ||||||
11 | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
12 | aggravated battery of a spouse, aggravated battery of a spouse
| ||||||
13 | with a firearm, stalking, aggravated stalking, aggravated | ||||||
14 | battery of a child as described in Section 12-4.3 or | ||||||
15 | subdivision (b)(1) of Section 12-3.05,
endangering the life or | ||||||
16 | health of a child, or cruelty to a child. Notwithstanding the | ||||||
17 | foregoing, sentence credit for
good conduct shall not be | ||||||
18 | awarded on a
sentence of imprisonment imposed for conviction | ||||||
19 | of: (i) one of the offenses
enumerated in subdivision | ||||||
20 | (a)(2)(i), (ii), or (iii) when the offense is committed on or | ||||||
21 | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | ||||||
22 | is committed on or after June 23, 2005 (the effective date of | ||||||
23 | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | ||||||
24 | committed on or after August 13, 2007 (the effective date of | ||||||
25 | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | ||||||
26 | is committed on or after June 1, 2008 (the effective date of |
| |||||||
| |||||||
1 | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | ||||||
2 | is committed on or after July 23, 2010 (the effective date of | ||||||
3 | Public Act 96-1224), (ii) aggravated driving under the | ||||||
4 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
5 | compound or compounds, or any combination thereof as defined in
| ||||||
6 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
7 | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | ||||||
8 | enumerated in subdivision
(a)(2.4) when the offense is | ||||||
9 | committed on or after
July 15, 1999 (the effective date of | ||||||
10 | Public Act 91-121),
(iv) aggravated arson when the offense is | ||||||
11 | committed
on or after July 27, 2001 (the effective date of | ||||||
12 | Public Act 92-176), (v) offenses that may subject the offender | ||||||
13 | to commitment under the Sexually Violent Persons Commitment | ||||||
14 | Act, or (vi) aggravated driving under the influence of alcohol,
| ||||||
15 | other drug or drugs, or intoxicating compound or compounds or | ||||||
16 | any combination
thereof as defined in subparagraph (C) of | ||||||
17 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
18 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
19 | (the effective date of Public Act 96-1230).
| ||||||
20 | Eligible inmates for an award of sentence credit under
this | ||||||
21 | paragraph (3) may be selected to receive the credit at
the | ||||||
22 | Director's or his or her designee's sole discretion.
| ||||||
23 | Consideration may be based on, but not limited to, any
| ||||||
24 | available risk assessment analysis on the inmate, any history | ||||||
25 | of conviction for violent crimes as defined by the Rights of | ||||||
26 | Crime Victims and Witnesses Act, facts and circumstances of the |
| |||||||
| |||||||
1 | inmate's holding offense or offenses, and the potential for | ||||||
2 | rehabilitation. | ||||||
3 | The Director shall not award sentence credit under this | ||||||
4 | paragraph (3) to an inmate unless the inmate has served a | ||||||
5 | minimum of 60 days of the sentence; except nothing in this | ||||||
6 | paragraph shall be construed to permit the Director to extend | ||||||
7 | an inmate's sentence beyond that which was imposed by the | ||||||
8 | court. Prior to awarding credit under this paragraph (3), the | ||||||
9 | Director shall make a written determination that the inmate: | ||||||
10 | (A) is eligible for the sentence credit; | ||||||
11 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
12 | days as the sentence will allow; and | ||||||
13 | (C) has met the eligibility criteria established by | ||||||
14 | rule. | ||||||
15 | The Director shall determine the form and content of the | ||||||
16 | written determination required in this subsection. | ||||||
17 | (3.5) The Department shall provide annual written reports | ||||||
18 | to the Governor and the General Assembly on the award of | ||||||
19 | sentence credit for good conduct, with the first report due | ||||||
20 | January 1, 2014. The Department must publish both reports on | ||||||
21 | its website within 48 hours of transmitting the reports to the | ||||||
22 | Governor and the General Assembly. The reports must include: | ||||||
23 | (A) the number of inmates awarded sentence credit for | ||||||
24 | good conduct; | ||||||
25 | (B) the average amount of sentence credit for good | ||||||
26 | conduct awarded; |
| |||||||
| |||||||
1 | (C) the holding offenses of inmates awarded sentence | ||||||
2 | credit for good conduct; and | ||||||
3 | (D) the number of sentence credit for good conduct | ||||||
4 | revocations. | ||||||
5 | (4) The rules and regulations shall also provide that the | ||||||
6 | sentence
credit accumulated and retained under paragraph (2.1) | ||||||
7 | of subsection (a) of
this Section by any inmate during specific | ||||||
8 | periods of time in which such
inmate is engaged full-time in | ||||||
9 | substance abuse programs, correctional
industry assignments, | ||||||
10 | educational programs, behavior modification programs, life | ||||||
11 | skills courses, or re-entry planning provided by the Department
| ||||||
12 | under this paragraph (4) and satisfactorily completes the | ||||||
13 | assigned program as
determined by the standards of the | ||||||
14 | Department, shall be multiplied by a factor
of 1.25 for program | ||||||
15 | participation before August 11, 1993
and 1.50 for program | ||||||
16 | participation on or after that date.
The rules and regulations | ||||||
17 | shall also provide that sentence credit, subject to the same | ||||||
18 | offense limits and multiplier provided in this paragraph, may | ||||||
19 | be provided to an inmate who was held in pre-trial detention | ||||||
20 | prior to his or her current commitment to the Department of | ||||||
21 | Corrections and successfully completed a full-time, 60-day or | ||||||
22 | longer substance abuse program, educational program, behavior | ||||||
23 | modification program, life skills course, or re-entry planning | ||||||
24 | provided by the county department of corrections or county | ||||||
25 | jail. Calculation of this county program credit shall be done | ||||||
26 | at sentencing as provided in Section 5-4.5-100 of this Code and |
| |||||||
| |||||||
1 | shall be included in the sentencing order. However, no inmate | ||||||
2 | shall be eligible for the additional sentence credit
under this | ||||||
3 | paragraph (4) or (4.1) of this subsection (a) while assigned to | ||||||
4 | a boot camp
or electronic detention, or if convicted of an | ||||||
5 | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of | ||||||
6 | this Section that is committed on or after June 19,
1998 or | ||||||
7 | subdivision (a)(2)(iv) of this Section that is committed on or | ||||||
8 | after June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
9 | subdivision (a)(2)(v) of this Section that is committed on or | ||||||
10 | after August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
11 | or subdivision (a)(2)(vi) when the offense is committed on or | ||||||
12 | after June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
13 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
14 | after July 23, 2010 (the effective date of Public Act 96-1224), | ||||||
15 | or if convicted of aggravated driving under the influence of | ||||||
16 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
17 | compounds or any combination thereof as defined in
subparagraph | ||||||
18 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
19 | Illinois Vehicle Code, or if convicted of aggravated driving | ||||||
20 | under the influence of alcohol,
other drug or drugs, or | ||||||
21 | intoxicating compound or compounds or any combination
thereof | ||||||
22 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
23 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
24 | or after January 1, 2011 (the effective date of Public Act | ||||||
25 | 96-1230), or if convicted of an offense enumerated in paragraph
| ||||||
26 | (a)(2.4) of this Section that is committed on or after
July 15, |
| |||||||
| |||||||
1 | 1999 (the effective date of Public Act 91-121),
or first degree | ||||||
2 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
3 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
4 | aggravated battery with a firearm as described in Section | ||||||
5 | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
6 | Section 12-3.05, or any predecessor or successor offenses
with | ||||||
7 | the same or substantially the same elements, or any inchoate | ||||||
8 | offenses
relating to the foregoing offenses. No inmate shall be | ||||||
9 | eligible for the
additional good conduct credit under this | ||||||
10 | paragraph (4) who (i) has previously
received increased good | ||||||
11 | conduct credit under this paragraph (4) and has
subsequently | ||||||
12 | been convicted of a
felony, or (ii) has previously served more | ||||||
13 | than one prior sentence of
imprisonment for a felony in an | ||||||
14 | adult correctional facility.
| ||||||
15 | Educational, vocational, substance abuse, behavior | ||||||
16 | modification programs, life skills courses, re-entry planning, | ||||||
17 | and correctional
industry programs under which sentence credit | ||||||
18 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
19 | of this subsection (a) shall be evaluated by the Department on | ||||||
20 | the basis of
documented standards. The Department shall report | ||||||
21 | the results of these
evaluations to the Governor and the | ||||||
22 | General Assembly by September 30th of each
year. The reports | ||||||
23 | shall include data relating to the recidivism rate among
| ||||||
24 | program participants.
| ||||||
25 | Availability of these programs shall be subject to the
| ||||||
26 | limits of fiscal resources appropriated by the General Assembly |
| |||||||
| |||||||
1 | for these
purposes. Eligible inmates who are denied immediate | ||||||
2 | admission shall be
placed on a waiting list under criteria | ||||||
3 | established by the Department.
The inability of any inmate to | ||||||
4 | become engaged in any such programs
by reason of insufficient | ||||||
5 | program resources or for any other reason
established under the | ||||||
6 | rules and regulations of the Department shall not be
deemed a | ||||||
7 | cause of action under which the Department or any employee or
| ||||||
8 | agent of the Department shall be liable for damages to the | ||||||
9 | inmate.
| ||||||
10 | (4.1) The rules and regulations shall also provide that an | ||||||
11 | additional 90 days of sentence credit shall be awarded to any | ||||||
12 | prisoner who passes high school equivalency testing while the | ||||||
13 | prisoner is committed to the Department of Corrections. The | ||||||
14 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
15 | addition to, and shall not affect, the award of sentence credit | ||||||
16 | under any other paragraph of this Section, but shall also be | ||||||
17 | pursuant to the guidelines and restrictions set forth in | ||||||
18 | paragraph (4) of subsection (a) of this Section.
The sentence | ||||||
19 | credit provided for in this paragraph shall be available only | ||||||
20 | to those prisoners who have not previously earned a high school | ||||||
21 | diploma or a high school equivalency certificate. If, after an | ||||||
22 | award of the high school equivalency testing sentence credit | ||||||
23 | has been made, the Department determines that the prisoner was | ||||||
24 | not eligible, then the award shall be revoked.
The Department | ||||||
25 | may also award 90 days of sentence credit to any committed | ||||||
26 | person who passed high school equivalency testing while he or |
| |||||||
| |||||||
1 | she was held in pre-trial detention prior to the current | ||||||
2 | commitment to the Department of Corrections. | ||||||
3 | (4.5) The rules and regulations on sentence credit shall | ||||||
4 | also provide that
when the court's sentencing order recommends | ||||||
5 | a prisoner for substance abuse treatment and the
crime was | ||||||
6 | committed on or after September 1, 2003 (the effective date of
| ||||||
7 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
8 | credit awarded under clause (3) of this subsection (a) unless | ||||||
9 | he or she participates in and
completes a substance abuse | ||||||
10 | treatment program. The Director may waive the requirement to | ||||||
11 | participate in or complete a substance abuse treatment program | ||||||
12 | and award the sentence credit in specific instances if the | ||||||
13 | prisoner is not a good candidate for a substance abuse | ||||||
14 | treatment program for medical, programming, or operational | ||||||
15 | reasons. Availability of
substance abuse treatment shall be | ||||||
16 | subject to the limits of fiscal resources
appropriated by the | ||||||
17 | General Assembly for these purposes. If treatment is not
| ||||||
18 | available and the requirement to participate and complete the | ||||||
19 | treatment has not been waived by the Director, the prisoner | ||||||
20 | shall be placed on a waiting list under criteria
established by | ||||||
21 | the Department. The Director may allow a prisoner placed on
a | ||||||
22 | waiting list to participate in and complete a substance abuse | ||||||
23 | education class or attend substance
abuse self-help meetings in | ||||||
24 | lieu of a substance abuse treatment program. A prisoner on a | ||||||
25 | waiting list who is not placed in a substance abuse program | ||||||
26 | prior to release may be eligible for a waiver and receive |
| |||||||
| |||||||
1 | sentence credit under clause (3) of this subsection (a) at the | ||||||
2 | discretion of the Director.
| ||||||
3 | (4.6) The rules and regulations on sentence credit shall | ||||||
4 | also provide that a prisoner who has been convicted of a sex | ||||||
5 | offense as defined in Section 2 of the Sex Offender | ||||||
6 | Registration Act shall receive no sentence credit unless he or | ||||||
7 | she either has successfully completed or is participating in | ||||||
8 | sex offender treatment as defined by the Sex Offender | ||||||
9 | Management Board. However, prisoners who are waiting to receive | ||||||
10 | treatment, but who are unable to do so due solely to the lack | ||||||
11 | of resources on the part of the Department, may, at the | ||||||
12 | Director's sole discretion, be awarded sentence credit at a | ||||||
13 | rate as the Director shall determine. | ||||||
14 | (5) Whenever the Department is to release any inmate | ||||||
15 | earlier than it
otherwise would because of a grant of sentence | ||||||
16 | credit for good conduct under paragraph (3) of subsection (a) | ||||||
17 | of this Section given at any time during the term, the | ||||||
18 | Department shall give
reasonable notice of the impending | ||||||
19 | release not less than 14 days prior to the date of the release | ||||||
20 | to the State's
Attorney of the county where the prosecution of | ||||||
21 | the inmate took place, and if applicable, the State's Attorney | ||||||
22 | of the county into which the inmate will be released. The | ||||||
23 | Department must also make identification information and a | ||||||
24 | recent photo of the inmate being released accessible on the | ||||||
25 | Internet by means of a hyperlink labeled "Community | ||||||
26 | Notification of Inmate Early Release" on the Department's World |
| |||||||
| |||||||
1 | Wide Web homepage.
The identification information shall | ||||||
2 | include the inmate's: name, any known alias, date of birth, | ||||||
3 | physical characteristics, commitment offense and county where | ||||||
4 | conviction was imposed. The identification information shall | ||||||
5 | be placed on the website within 3 days of the inmate's release | ||||||
6 | and the information may not be removed until either: completion | ||||||
7 | of the first year of mandatory supervised release or return of | ||||||
8 | the inmate to custody of the Department.
| ||||||
9 | (b) Whenever a person is or has been committed under
| ||||||
10 | several convictions, with separate sentences, the sentences
| ||||||
11 | shall be construed under Section 5-8-4 in granting and
| ||||||
12 | forfeiting of sentence credit.
| ||||||
13 | (c) The Department shall prescribe rules and regulations
| ||||||
14 | for revoking sentence credit, including revoking sentence | ||||||
15 | credit awarded for good conduct under paragraph (3) of | ||||||
16 | subsection (a) of this Section. The Department shall prescribe | ||||||
17 | rules and regulations for suspending or reducing
the rate of | ||||||
18 | accumulation of sentence credit for specific
rule violations, | ||||||
19 | during imprisonment. These rules and regulations
shall provide | ||||||
20 | that no inmate may be penalized more than one
year of sentence | ||||||
21 | credit for any one infraction.
| ||||||
22 | When the Department seeks to revoke, suspend or reduce
the | ||||||
23 | rate of accumulation of any sentence credits for
an alleged | ||||||
24 | infraction of its rules, it shall bring charges
therefor | ||||||
25 | against the prisoner sought to be so deprived of
sentence | ||||||
26 | credits before the Prisoner Review Board as
provided in |
| |||||||
| |||||||
1 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
2 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
3 | month period, the cumulative amount of
credit revoked exceeds | ||||||
4 | 30 days except where the infraction is committed
or discovered | ||||||
5 | within 60 days of scheduled release. In those cases,
the | ||||||
6 | Department of Corrections may revoke up to 30 days of sentence | ||||||
7 | credit.
The Board may subsequently approve the revocation of | ||||||
8 | additional sentence credit, if the Department seeks to revoke | ||||||
9 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
10 | not be empowered to review the
Department's decision with | ||||||
11 | respect to the loss of 30 days of sentence
credit within any | ||||||
12 | calendar year for any prisoner or to increase any penalty
| ||||||
13 | beyond the length requested by the Department.
| ||||||
14 | The Director of the Department of Corrections, in | ||||||
15 | appropriate cases, may
restore up to 30 days of sentence | ||||||
16 | credits which have been revoked, suspended
or reduced. Any | ||||||
17 | restoration of sentence credits in excess of 30 days shall
be | ||||||
18 | subject to review by the Prisoner Review Board. However, the | ||||||
19 | Board may not
restore sentence credit in excess of the amount | ||||||
20 | requested by the Director.
| ||||||
21 | Nothing contained in this Section shall prohibit the | ||||||
22 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
23 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
24 | sentence imposed by the court that was not served due to the
| ||||||
25 | accumulation of sentence credit.
| ||||||
26 | (d) If a lawsuit is filed by a prisoner in an Illinois or |
| |||||||
| |||||||
1 | federal court
against the State, the Department of Corrections, | ||||||
2 | or the Prisoner Review Board,
or against any of
their officers | ||||||
3 | or employees, and the court makes a specific finding that a
| ||||||
4 | pleading, motion, or other paper filed by the prisoner is | ||||||
5 | frivolous, the
Department of Corrections shall conduct a | ||||||
6 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
7 | charges against the prisoner
sought to be deprived of the | ||||||
8 | sentence credits before the Prisoner Review
Board as provided | ||||||
9 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
10 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
11 | time of the finding, then the Prisoner Review Board may revoke | ||||||
12 | all
sentence credit accumulated by the prisoner.
| ||||||
13 | For purposes of this subsection (d):
| ||||||
14 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
15 | filing which
purports to be a legal document filed by a | ||||||
16 | prisoner in his or her lawsuit meets
any or all of the | ||||||
17 | following criteria:
| ||||||
18 | (A) it lacks an arguable basis either in law or in | ||||||
19 | fact;
| ||||||
20 | (B) it is being presented for any improper purpose, | ||||||
21 | such as to harass or
to cause unnecessary delay or | ||||||
22 | needless increase in the cost of litigation;
| ||||||
23 | (C) the claims, defenses, and other legal | ||||||
24 | contentions therein are not
warranted by existing law | ||||||
25 | or by a nonfrivolous argument for the extension,
| ||||||
26 | modification, or reversal of existing law or the |
| |||||||
| |||||||
1 | establishment of new law;
| ||||||
2 | (D) the allegations and other factual contentions | ||||||
3 | do not have
evidentiary
support or, if specifically so | ||||||
4 | identified, are not likely to have evidentiary
support | ||||||
5 | after a reasonable opportunity for further | ||||||
6 | investigation or discovery;
or
| ||||||
7 | (E) the denials of factual contentions are not | ||||||
8 | warranted on the
evidence, or if specifically so | ||||||
9 | identified, are not reasonably based on a lack
of | ||||||
10 | information or belief.
| ||||||
11 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
12 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
13 | action under
Article X of the Code of Civil Procedure or | ||||||
14 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
15 | under the Court of Claims Act, an action under the
federal | ||||||
16 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
17 | subsequent petition for post-conviction relief under | ||||||
18 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
19 | whether filed with or without leave of court or a second or | ||||||
20 | subsequent petition for relief from judgment under Section | ||||||
21 | 2-1401 of the Code of Civil Procedure.
| ||||||
22 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
23 | validity of Public Act 89-404.
| ||||||
24 | (f) Whenever the Department is to release any inmate who | ||||||
25 | has been convicted of a violation of an order of protection | ||||||
26 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
2 | because of a grant of sentence credit, the Department, as a | ||||||
3 | condition of release, shall require that the person, upon | ||||||
4 | release, be placed under electronic surveillance as provided in | ||||||
5 | Section 5-8A-7 of this Code. | ||||||
6 | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | ||||||
7 | eff. 7-28-16; 100-3, eff. 1-1-18.)
| ||||||
8 | (Text of Section from P.A. 99-938 and 100-3 ) | ||||||
9 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
10 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
11 | and regulations for awarding and revoking sentence credit for | ||||||
12 | persons committed to the Department which shall
be subject to | ||||||
13 | review by the Prisoner Review Board.
| ||||||
14 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
15 | awarded for the following: | ||||||
16 | (A) successful completion of programming while in | ||||||
17 | custody of the Department or while in custody prior to | ||||||
18 | sentencing; | ||||||
19 | (B) compliance with the rules and regulations of the | ||||||
20 | Department; or | ||||||
21 | (C) service to the institution, service to a community, | ||||||
22 | or service to the State. | ||||||
23 | (2) Except as provided in paragraph (4.7) of this | ||||||
24 | subsection (a), the rules and regulations on sentence credit | ||||||
25 | shall provide, with
respect to offenses listed in clause (i), |
| |||||||
| |||||||
1 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
2 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
3 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
4 | effective date of Public Act 94-71) or with
respect to offense | ||||||
5 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
6 | effective date of Public Act 95-625)
or with respect to the | ||||||
7 | offense of being an armed habitual criminal committed on or | ||||||
8 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
9 | or with respect to the offenses listed in clause (v) of this | ||||||
10 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
11 | effective date of Public Act 95-134) or with respect to the | ||||||
12 | offense of aggravated domestic battery committed on or after | ||||||
13 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
14 | with respect to the offense of attempt to commit terrorism | ||||||
15 | committed on or after January 1, 2013 (the effective date of | ||||||
16 | Public Act 97-990), the following:
| ||||||
17 | (i) that a prisoner who is serving a term of | ||||||
18 | imprisonment for first
degree murder or for the offense of | ||||||
19 | terrorism shall receive no sentence
credit and shall serve | ||||||
20 | the entire
sentence imposed by the court;
| ||||||
21 | (ii) that a prisoner serving a sentence for attempt to | ||||||
22 | commit terrorism, attempt to commit first
degree murder, | ||||||
23 | solicitation of murder, solicitation of murder for hire,
| ||||||
24 | intentional homicide of an unborn child, predatory | ||||||
25 | criminal sexual assault of a
child, aggravated criminal | ||||||
26 | sexual assault, criminal sexual assault, aggravated
|
| |||||||
| |||||||
1 | kidnapping, aggravated battery with a firearm as described | ||||||
2 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
3 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
4 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
5 | being an armed habitual criminal, aggravated
battery of a | ||||||
6 | senior citizen as described in Section 12-4.6 or | ||||||
7 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
8 | battery of a child as described in Section 12-4.3 or | ||||||
9 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
10 | than 4.5 days of sentence credit for each month of his or | ||||||
11 | her sentence
of imprisonment;
| ||||||
12 | (iii) that a prisoner serving a sentence
for home | ||||||
13 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
14 | aggravated discharge of a firearm, or armed violence with a | ||||||
15 | category I weapon
or category II weapon, when the court
has | ||||||
16 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
17 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
18 | conviction for the enumerated offense
resulted in great | ||||||
19 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
20 | days
of sentence credit for each month of his or her | ||||||
21 | sentence of imprisonment;
| ||||||
22 | (iv) that a prisoner serving a sentence for aggravated | ||||||
23 | discharge of a firearm, whether or not the conduct leading | ||||||
24 | to conviction for the offense resulted in great bodily harm | ||||||
25 | to the victim, shall receive no more than 4.5 days of | ||||||
26 | sentence credit for each month of his or her sentence of |
| |||||||
| |||||||
1 | imprisonment;
| ||||||
2 | (v) that a person serving a sentence for gunrunning, | ||||||
3 | narcotics racketeering, controlled substance trafficking, | ||||||
4 | methamphetamine trafficking, drug-induced homicide, | ||||||
5 | aggravated methamphetamine-related child endangerment, | ||||||
6 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
7 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, or a Class X felony conviction for delivery | ||||||
9 | of a controlled substance, possession of a controlled | ||||||
10 | substance with intent to manufacture or deliver, | ||||||
11 | calculated criminal drug conspiracy, criminal drug | ||||||
12 | conspiracy, street gang criminal drug conspiracy, | ||||||
13 | participation in methamphetamine manufacturing, aggravated | ||||||
14 | participation in methamphetamine manufacturing, delivery | ||||||
15 | of methamphetamine, possession with intent to deliver | ||||||
16 | methamphetamine, aggravated delivery of methamphetamine, | ||||||
17 | aggravated possession with intent to deliver | ||||||
18 | methamphetamine, methamphetamine conspiracy when the | ||||||
19 | substance containing the controlled substance or | ||||||
20 | methamphetamine is 100 grams or more shall receive no more | ||||||
21 | than 7.5 days sentence credit for each month of his or her | ||||||
22 | sentence of imprisonment;
| ||||||
23 | (vi)
that a prisoner serving a sentence for a second or | ||||||
24 | subsequent offense of luring a minor shall receive no more | ||||||
25 | than 4.5 days of sentence credit for each month of his or | ||||||
26 | her sentence of imprisonment; and
|
| |||||||
| |||||||
1 | (vii) that a prisoner serving a sentence for aggravated | ||||||
2 | domestic battery shall receive no more than 4.5 days of | ||||||
3 | sentence credit for each month of his or her sentence of | ||||||
4 | imprisonment. | ||||||
5 | (2.1) For all offenses, other than those enumerated in | ||||||
6 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
7 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
8 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
9 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
10 | (the effective date of Public Act 95-134)
or subdivision | ||||||
11 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
12 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
13 | on or after July 23, 2010 (the effective date of Public Act | ||||||
14 | 96-1224), and other than the offense 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 (F) of paragraph (1) of subsection | ||||||
18 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
19 | than the offense of aggravated driving under the influence of | ||||||
20 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or any combination
thereof as defined in | ||||||
22 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
23 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
24 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
25 | rules and regulations shall
provide that a prisoner who is | ||||||
26 | serving a term of
imprisonment shall receive one day of |
| |||||||
| |||||||
1 | sentence credit for each day of
his or her sentence of | ||||||
2 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
3 | sentence credit shall reduce by one day the prisoner's period
| ||||||
4 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
5 | (2.2) A prisoner serving a term of natural life | ||||||
6 | imprisonment or a
prisoner who has been sentenced to death | ||||||
7 | shall receive no sentence
credit.
| ||||||
8 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
9 | subsection (a), the rules and regulations on sentence credit | ||||||
10 | shall provide that
a prisoner who is serving a sentence for | ||||||
11 | aggravated driving under the influence of alcohol,
other drug | ||||||
12 | or drugs, or intoxicating compound or compounds, or any | ||||||
13 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
14 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
15 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
16 | for each month of his or her sentence of
imprisonment.
| ||||||
17 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
18 | subsection (a), the rules and regulations on sentence credit | ||||||
19 | shall provide with
respect to the offenses of aggravated | ||||||
20 | battery with a machine gun or a firearm
equipped with any | ||||||
21 | device or attachment designed or used for silencing the
report | ||||||
22 | of a firearm or aggravated discharge of a machine gun or a | ||||||
23 | firearm
equipped with any device or attachment designed or used | ||||||
24 | for silencing the
report of a firearm, committed on or after
| ||||||
25 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
26 | prisoner serving a sentence for any of these offenses shall |
| |||||||
| |||||||
1 | receive no
more than 4.5 days of sentence credit for each month | ||||||
2 | of his or her sentence
of imprisonment.
| ||||||
3 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations on sentence credit | ||||||
5 | shall provide that a
prisoner who is serving a sentence for | ||||||
6 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
7 | effective date of Public Act 92-176) shall receive no more than
| ||||||
8 | 4.5 days of sentence credit for each month of his or her | ||||||
9 | sentence of
imprisonment.
| ||||||
10 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
11 | subsection (a), the rules and regulations on sentence credit | ||||||
12 | shall provide that a
prisoner who is serving a sentence for | ||||||
13 | aggravated driving under the influence of alcohol,
other drug | ||||||
14 | or drugs, or intoxicating compound or compounds or any | ||||||
15 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
16 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
17 | Code committed on or after January 1, 2011 (the effective date | ||||||
18 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
19 | sentence credit for each month of his or her sentence of
| ||||||
20 | imprisonment. | ||||||
21 | (3) In addition to the sentence credits earned under | ||||||
22 | paragraphs (2.1), (4), (4.1), and Except as provided in | ||||||
23 | paragraph (4.7) of this subsection (a), the rules and | ||||||
24 | regulations shall also provide that
the Director may award up | ||||||
25 | to 180 days of earned sentence
credit for good conduct in | ||||||
26 | specific instances as the
Director deems proper. The good |
| |||||||
| |||||||
1 | conduct may include, but is not limited to, compliance with the | ||||||
2 | rules and regulations of the Department, service to the | ||||||
3 | Department, service to a community, or service to the State.
| ||||||
4 | Eligible inmates for an award of earned sentence credit | ||||||
5 | under
this paragraph (3) may be selected to receive the credit | ||||||
6 | at
the Director's or his or her designee's sole discretion.
| ||||||
7 | Eligibility for the additional earned sentence credit under | ||||||
8 | this paragraph (3) shall be based on, but is not limited to, | ||||||
9 | the results of any available risk/needs assessment or other | ||||||
10 | relevant assessments or evaluations administered by the | ||||||
11 | Department using a validated instrument, the circumstances of | ||||||
12 | the crime, any history of conviction for a forcible felony | ||||||
13 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
14 | inmate's behavior and disciplinary history while incarcerated, | ||||||
15 | and the inmate's commitment to rehabilitation, including | ||||||
16 | participation in programming offered by the Department. | ||||||
17 | The Director shall not award sentence credit under this | ||||||
18 | paragraph (3) to an inmate unless the inmate has served a | ||||||
19 | minimum of 60 days of the sentence; except nothing in this | ||||||
20 | paragraph shall be construed to permit the Director to extend | ||||||
21 | an inmate's sentence beyond that which was imposed by the | ||||||
22 | court. Prior to awarding credit under this paragraph (3), the | ||||||
23 | Director shall make a written determination that the inmate: | ||||||
24 | (A) is eligible for the earned sentence credit; | ||||||
25 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
26 | days as the sentence will allow; |
| |||||||
| |||||||
1 | (B-1) has received a risk/needs assessment or other | ||||||
2 | relevant evaluation or assessment administered by the | ||||||
3 | Department using a validated instrument; and | ||||||
4 | (C) has met the eligibility criteria established under | ||||||
5 | paragraph (4) of this subsection (a) and by rule for earned | ||||||
6 | sentence credit. | ||||||
7 | The Director shall determine the form and content of the | ||||||
8 | written determination required in this subsection. | ||||||
9 | (3.5) The Department shall provide annual written reports | ||||||
10 | to the Governor and the General Assembly on the award of earned | ||||||
11 | sentence credit no later than February 1 of each year. The | ||||||
12 | Department must publish both reports on its website within 48 | ||||||
13 | hours of transmitting the reports to the Governor and the | ||||||
14 | General Assembly. The reports must include: | ||||||
15 | (A) the number of inmates awarded earned sentence | ||||||
16 | credit; | ||||||
17 | (B) the average amount of earned sentence credit | ||||||
18 | awarded; | ||||||
19 | (C) the holding offenses of inmates awarded earned | ||||||
20 | sentence credit; and | ||||||
21 | (D) the number of earned sentence credit revocations. | ||||||
22 | (4) Except as provided in paragraph (4.7) of this | ||||||
23 | subsection (a), the rules and regulations shall also provide | ||||||
24 | that the sentence
credit accumulated and retained under | ||||||
25 | paragraph (2.1) of subsection (a) of
this Section by any inmate | ||||||
26 | during specific periods of time in which such
inmate is engaged |
| |||||||
| |||||||
1 | full-time in substance abuse programs, correctional
industry | ||||||
2 | assignments, educational programs, behavior modification | ||||||
3 | programs, life skills courses, or re-entry planning provided by | ||||||
4 | the Department
under this paragraph (4) and satisfactorily | ||||||
5 | completes the assigned program as
determined by the standards | ||||||
6 | of the Department, shall be multiplied by a factor
of 1.25 for | ||||||
7 | program participation before August 11, 1993
and 1.50 for | ||||||
8 | program participation on or after that date.
The rules and | ||||||
9 | regulations shall also provide that sentence credit, subject to | ||||||
10 | the same offense limits and multiplier provided in this | ||||||
11 | paragraph, may be provided to an inmate who was held in | ||||||
12 | pre-trial detention prior to his or her current commitment to | ||||||
13 | the Department of Corrections and successfully completed a | ||||||
14 | full-time, 60-day or longer substance abuse program, | ||||||
15 | educational program, behavior modification program, life | ||||||
16 | skills course, or re-entry planning provided by the county | ||||||
17 | department of corrections or county jail. Calculation of this | ||||||
18 | county program credit shall be done at sentencing as provided | ||||||
19 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
20 | sentencing order. However, no inmate shall be eligible for the | ||||||
21 | additional sentence credit
under this paragraph (4) or (4.1) of | ||||||
22 | this subsection (a) while assigned to a boot camp
or electronic | ||||||
23 | detention.
| ||||||
24 | Educational, vocational, substance abuse, behavior | ||||||
25 | modification programs, life skills courses, re-entry planning, | ||||||
26 | and correctional
industry programs under which sentence credit |
| |||||||
| |||||||
1 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
2 | of this subsection (a) shall be evaluated by the Department on | ||||||
3 | the basis of
documented standards. The Department shall report | ||||||
4 | the results of these
evaluations to the Governor and the | ||||||
5 | General Assembly by September 30th of each
year. The reports | ||||||
6 | shall include data relating to the recidivism rate among
| ||||||
7 | program participants.
| ||||||
8 | Availability of these programs shall be subject to the
| ||||||
9 | limits of fiscal resources appropriated by the General Assembly | ||||||
10 | for these
purposes. Eligible inmates who are denied immediate | ||||||
11 | admission shall be
placed on a waiting list under criteria | ||||||
12 | established by the Department.
The inability of any inmate to | ||||||
13 | become engaged in any such programs
by reason of insufficient | ||||||
14 | program resources or for any other reason
established under the | ||||||
15 | rules and regulations of the Department shall not be
deemed a | ||||||
16 | cause of action under which the Department or any employee or
| ||||||
17 | agent of the Department shall be liable for damages to the | ||||||
18 | inmate.
| ||||||
19 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
20 | subsection (a), the rules and regulations shall also provide | ||||||
21 | that an additional 90 days of sentence credit shall be awarded | ||||||
22 | to any prisoner who passes high school equivalency testing | ||||||
23 | while the prisoner is committed to the Department of | ||||||
24 | Corrections. The sentence credit awarded under this paragraph | ||||||
25 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
26 | of sentence credit under any other paragraph of this Section, |
| |||||||
| |||||||
1 | but shall also be pursuant to the guidelines and restrictions | ||||||
2 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
3 | The sentence credit provided for in this paragraph shall be | ||||||
4 | available only to those prisoners who have not previously | ||||||
5 | earned a high school diploma or a high school equivalency | ||||||
6 | certificate. If, after an award of the high school equivalency | ||||||
7 | testing sentence credit has been made, the Department | ||||||
8 | determines that the prisoner was not eligible, then the award | ||||||
9 | shall be revoked.
The Department may also award 90 days of | ||||||
10 | sentence credit to any committed person who passed high school | ||||||
11 | equivalency testing while he or she was held in pre-trial | ||||||
12 | detention prior to the current commitment to the Department of | ||||||
13 | Corrections. | ||||||
14 | (4.5) The rules and regulations on sentence credit shall | ||||||
15 | also provide that
when the court's sentencing order recommends | ||||||
16 | a prisoner for substance abuse treatment and the
crime was | ||||||
17 | committed on or after September 1, 2003 (the effective date of
| ||||||
18 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
19 | credit awarded under clause (3) of this subsection (a) unless | ||||||
20 | he or she participates in and
completes a substance abuse | ||||||
21 | treatment program. The Director may waive the requirement to | ||||||
22 | participate in or complete a substance abuse treatment program | ||||||
23 | in specific instances if the prisoner is not a good candidate | ||||||
24 | for a substance abuse treatment program for medical, | ||||||
25 | programming, or operational reasons. Availability of
substance | ||||||
26 | abuse treatment shall be subject to the limits of fiscal |
| |||||||
| |||||||
1 | resources
appropriated by the General Assembly for these | ||||||
2 | purposes. If treatment is not
available and the requirement to | ||||||
3 | participate and complete the treatment has not been waived by | ||||||
4 | the Director, the prisoner shall be placed on a waiting list | ||||||
5 | under criteria
established by the Department. The Director may | ||||||
6 | allow a prisoner placed on
a waiting list to participate in and | ||||||
7 | complete a substance abuse education class or attend substance
| ||||||
8 | abuse self-help meetings in lieu of a substance abuse treatment | ||||||
9 | program. A prisoner on a waiting list who is not placed in a | ||||||
10 | substance abuse program prior to release may be eligible for a | ||||||
11 | waiver and receive sentence credit under clause (3) of this | ||||||
12 | subsection (a) at the discretion of the Director.
| ||||||
13 | (4.6) The rules and regulations on sentence credit shall | ||||||
14 | also provide that a prisoner who has been convicted of a sex | ||||||
15 | offense as defined in Section 2 of the Sex Offender | ||||||
16 | Registration Act shall receive no sentence credit unless he or | ||||||
17 | she either has successfully completed or is participating in | ||||||
18 | sex offender treatment as defined by the Sex Offender | ||||||
19 | Management Board. However, prisoners who are waiting to receive | ||||||
20 | treatment, but who are unable to do so due solely to the lack | ||||||
21 | of resources on the part of the Department, may, at the | ||||||
22 | Director's sole discretion, be awarded sentence credit at a | ||||||
23 | rate as the Director shall determine. | ||||||
24 | (4.7) On or after the effective date of this amendatory Act | ||||||
25 | of the 100th General Assembly, sentence credit under paragraph | ||||||
26 | (3), (4), or (4.1) of this subsection (a) may be awarded to a |
| |||||||
| |||||||
1 | prisoner who is serving a sentence for an offense described in | ||||||
2 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
3 | on or after the effective date of this amendatory Act of the | ||||||
4 | 100th General Assembly; provided, the award of the credits | ||||||
5 | under this paragraph (4.7) shall not reduce the sentence of the | ||||||
6 | prisoner to less than the following amounts: | ||||||
7 | (i) 85% of his or her sentence if the prisoner is | ||||||
8 | required to serve 85% of his or her sentence; or | ||||||
9 | (ii) 60% of his or her sentence if the prisoner is | ||||||
10 | required to serve 75% of his or her sentence, except if the | ||||||
11 | prisoner is serving a sentence for gunrunning his or her | ||||||
12 | sentence shall not be reduced to less than 75%. | ||||||
13 | This paragraph (4.7) shall not apply to a prisoner serving | ||||||
14 | a sentence for an offense described in subparagraph (i) of | ||||||
15 | paragraph (2) of this subsection (a). | ||||||
16 | (5) Whenever the Department is to release any inmate | ||||||
17 | earlier than it
otherwise would because of a grant of earned | ||||||
18 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
19 | Section given at any time during the term, the Department shall | ||||||
20 | give
reasonable notice of the impending release not less than | ||||||
21 | 14 days prior to the date of the release to the State's
| ||||||
22 | Attorney of the county where the prosecution of the inmate took | ||||||
23 | place, and if applicable, the State's Attorney of the county | ||||||
24 | into which the inmate will be released. The Department must | ||||||
25 | also make identification information and a recent photo of the | ||||||
26 | inmate being released accessible on the Internet by means of a |
| |||||||
| |||||||
1 | hyperlink labeled "Community Notification of Inmate Early | ||||||
2 | Release" on the Department's World Wide Web homepage.
The | ||||||
3 | identification information shall include the inmate's: name, | ||||||
4 | any known alias, date of birth, physical characteristics, | ||||||
5 | commitment offense and county where conviction was imposed. The | ||||||
6 | identification information shall be placed on the website | ||||||
7 | within 3 days of the inmate's release and the information may | ||||||
8 | not be removed until either: completion of the first year of | ||||||
9 | mandatory supervised release or return of the inmate to custody | ||||||
10 | of the Department.
| ||||||
11 | (b) Whenever a person is or has been committed under
| ||||||
12 | several convictions, with separate sentences, the sentences
| ||||||
13 | shall be construed under Section 5-8-4 in granting and
| ||||||
14 | forfeiting of sentence credit.
| ||||||
15 | (c) The Department shall prescribe rules and regulations
| ||||||
16 | for revoking sentence credit, including revoking sentence | ||||||
17 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
18 | Section. The Department shall prescribe rules and regulations | ||||||
19 | for suspending or reducing
the rate of accumulation of sentence | ||||||
20 | credit for specific
rule violations, during imprisonment. | ||||||
21 | These rules and regulations
shall provide that no inmate may be | ||||||
22 | penalized more than one
year of sentence credit for any one | ||||||
23 | infraction.
| ||||||
24 | When the Department seeks to revoke, suspend or reduce
the | ||||||
25 | rate of accumulation of any sentence credits for
an alleged | ||||||
26 | infraction of its rules, it shall bring charges
therefor |
| |||||||
| |||||||
1 | against the prisoner sought to be so deprived of
sentence | ||||||
2 | credits before the Prisoner Review Board as
provided in | ||||||
3 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
4 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
5 | month period, the cumulative amount of
credit revoked exceeds | ||||||
6 | 30 days except where the infraction is committed
or discovered | ||||||
7 | within 60 days of scheduled release. In those cases,
the | ||||||
8 | Department of Corrections may revoke up to 30 days of sentence | ||||||
9 | credit.
The Board may subsequently approve the revocation of | ||||||
10 | additional sentence credit, if the Department seeks to revoke | ||||||
11 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
12 | not be empowered to review the
Department's decision with | ||||||
13 | respect to the loss of 30 days of sentence
credit within any | ||||||
14 | calendar year for any prisoner or to increase any penalty
| ||||||
15 | beyond the length requested by the Department.
| ||||||
16 | The Director of the Department of Corrections, in | ||||||
17 | appropriate cases, may
restore up to 30 days of sentence | ||||||
18 | credits which have been revoked, suspended
or reduced. Any | ||||||
19 | restoration of sentence credits in excess of 30 days shall
be | ||||||
20 | subject to review by the Prisoner Review Board. However, the | ||||||
21 | Board may not
restore sentence credit in excess of the amount | ||||||
22 | requested by the Director.
| ||||||
23 | Nothing contained in this Section shall prohibit the | ||||||
24 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
25 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
26 | sentence imposed by the court that was not served due to the
|
| |||||||
| |||||||
1 | accumulation of sentence credit.
| ||||||
2 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
3 | federal court
against the State, the Department of Corrections, | ||||||
4 | or the Prisoner Review Board,
or against any of
their officers | ||||||
5 | or employees, and the court makes a specific finding that a
| ||||||
6 | pleading, motion, or other paper filed by the prisoner is | ||||||
7 | frivolous, the
Department of Corrections shall conduct a | ||||||
8 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
9 | charges against the prisoner
sought to be deprived of the | ||||||
10 | sentence credits before the Prisoner Review
Board as provided | ||||||
11 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
12 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
13 | time of the finding, then the Prisoner Review Board may revoke | ||||||
14 | all
sentence credit accumulated by the prisoner.
| ||||||
15 | For purposes of this subsection (d):
| ||||||
16 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
17 | filing which
purports to be a legal document filed by a | ||||||
18 | prisoner in his or her lawsuit meets
any or all of the | ||||||
19 | following criteria:
| ||||||
20 | (A) it lacks an arguable basis either in law or in | ||||||
21 | fact;
| ||||||
22 | (B) it is being presented for any improper purpose, | ||||||
23 | such as to harass or
to cause unnecessary delay or | ||||||
24 | needless increase in the cost of litigation;
| ||||||
25 | (C) the claims, defenses, and other legal | ||||||
26 | contentions therein are not
warranted by existing law |
| |||||||
| |||||||
1 | or by a nonfrivolous argument for the extension,
| ||||||
2 | modification, or reversal of existing law or the | ||||||
3 | establishment of new law;
| ||||||
4 | (D) the allegations and other factual contentions | ||||||
5 | do not have
evidentiary
support or, if specifically so | ||||||
6 | identified, are not likely to have evidentiary
support | ||||||
7 | after a reasonable opportunity for further | ||||||
8 | investigation or discovery;
or
| ||||||
9 | (E) the denials of factual contentions are not | ||||||
10 | warranted on the
evidence, or if specifically so | ||||||
11 | identified, are not reasonably based on a lack
of | ||||||
12 | information or belief.
| ||||||
13 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
14 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
15 | action under
Article X of the Code of Civil Procedure or | ||||||
16 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
17 | under the Court of Claims Act, an action under the
federal | ||||||
18 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
19 | subsequent petition for post-conviction relief under | ||||||
20 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
21 | whether filed with or without leave of court or a second or | ||||||
22 | subsequent petition for relief from judgment under Section | ||||||
23 | 2-1401 of the Code of Civil Procedure.
| ||||||
24 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
25 | validity of Public Act 89-404.
| ||||||
26 | (f) Whenever the Department is to release any inmate who |
| |||||||
| |||||||
1 | has been convicted of a violation of an order of protection | ||||||
2 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
4 | because of a grant of sentence credit, the Department, as a | ||||||
5 | condition of release, shall require that the person, upon | ||||||
6 | release, be placed under electronic surveillance as provided in | ||||||
7 | Section 5-8A-7 of this Code. | ||||||
8 | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | ||||||
9 | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)
| ||||||
10 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
11 | (Text of Section before amendment by P.A. 99-938 )
| ||||||
12 | Sec. 5-5-3. Disposition.
| ||||||
13 | (a) (Blank).
| ||||||
14 | (b) (Blank).
| ||||||
15 | (c) (1) (Blank).
| ||||||
16 | (2) A period of probation, a term of periodic imprisonment | ||||||
17 | or
conditional discharge shall not be imposed for the following | ||||||
18 | offenses.
The court shall sentence the offender to not less | ||||||
19 | than the minimum term
of imprisonment set forth in this Code | ||||||
20 | for the following offenses, and
may order a fine or restitution | ||||||
21 | or both in conjunction with such term of
imprisonment:
| ||||||
22 | (A) First degree murder where the death penalty is not | ||||||
23 | imposed.
| ||||||
24 | (B) Attempted first degree murder.
| ||||||
25 | (C) A Class X felony.
|
| |||||||
| |||||||
1 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
2 | Controlled Substances Act, or a violation of subdivision | ||||||
3 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
4 | to more than 5 grams of a substance
containing cocaine, | ||||||
5 | fentanyl, or an analog thereof.
| ||||||
6 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
7 | of the Illinois Controlled Substances Act which relates to | ||||||
8 | 3 or more grams of a substance
containing heroin or an | ||||||
9 | analog thereof. | ||||||
10 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
11 | Control
Act.
| ||||||
12 | (F) A Class 2 or greater felony if the offender had | ||||||
13 | been convicted
of a Class 2 or greater felony, including | ||||||
14 | any state or federal conviction for an offense that | ||||||
15 | contained, at the time it was committed, the same elements | ||||||
16 | as an offense now (the date of the offense committed after | ||||||
17 | the prior Class 2 or greater felony) classified as a Class | ||||||
18 | 2 or greater felony, within 10 years of the date on which | ||||||
19 | the
offender
committed the offense for which he or she is | ||||||
20 | being sentenced, except as
otherwise provided in Section | ||||||
21 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
22 | Act.
| ||||||
23 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
25 | which imprisonment is prescribed in those Sections. | ||||||
26 | (G) Residential burglary, except as otherwise provided |
| |||||||
| |||||||
1 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
2 | Dependency Act.
| ||||||
3 | (H) Criminal sexual assault.
| ||||||
4 | (I) Aggravated battery of a senior citizen as described | ||||||
5 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
7 | (J) A forcible felony if the offense was related to the | ||||||
8 | activities of an
organized gang.
| ||||||
9 | Before July 1, 1994, for the purposes of this | ||||||
10 | paragraph, "organized
gang" means an association of 5 or | ||||||
11 | more persons, with an established hierarchy,
that | ||||||
12 | encourages members of the association to perpetrate crimes | ||||||
13 | or provides
support to the members of the association who | ||||||
14 | do commit crimes.
| ||||||
15 | Beginning July 1, 1994, for the purposes of this | ||||||
16 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
17 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
18 | Prevention Act.
| ||||||
19 | (K) Vehicular hijacking.
| ||||||
20 | (L) A second or subsequent conviction for the offense | ||||||
21 | of hate crime
when the underlying offense upon which the | ||||||
22 | hate crime is based is felony
aggravated
assault or felony | ||||||
23 | mob action.
| ||||||
24 | (M) A second or subsequent conviction for the offense | ||||||
25 | of institutional
vandalism if the damage to the property | ||||||
26 | exceeds $300.
|
| |||||||
| |||||||
1 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
2 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
3 | Identification Card Act.
| ||||||
4 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
6 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
7 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012.
| ||||||
9 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
10 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
11 | Code of
1961 or the Criminal Code of 2012.
| ||||||
12 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
13 | of
1961 or the Criminal Code of 2012.
| ||||||
14 | (S) (Blank).
| ||||||
15 | (T) A second or subsequent violation of the | ||||||
16 | Methamphetamine Control and Community Protection Act.
| ||||||
17 | (U) A second or subsequent violation of Section 6-303 | ||||||
18 | of the Illinois Vehicle Code committed while his or her | ||||||
19 | driver's license, permit, or privilege was revoked because | ||||||
20 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
21 | or the Criminal Code of 2012, relating to the offense of | ||||||
22 | reckless homicide, or a similar provision of a law of | ||||||
23 | another state.
| ||||||
24 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
25 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
26 | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| |||||||
| |||||||
1 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
2 | Code of 2012 when the victim is under 13 years of age and | ||||||
3 | the defendant has previously been convicted under the laws | ||||||
4 | of this State or any other state of the offense of child | ||||||
5 | pornography, aggravated child pornography, aggravated | ||||||
6 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
7 | predatory criminal sexual assault of a child, or any of the | ||||||
8 | offenses formerly known as rape, deviate sexual assault, | ||||||
9 | indecent liberties with a child, or aggravated indecent | ||||||
10 | liberties with a child where the victim was under the age | ||||||
11 | of 18 years or an offense that is substantially equivalent | ||||||
12 | to those offenses. | ||||||
13 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012.
| ||||||
15 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
16 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
17 | (Y) A conviction for unlawful possession of a firearm | ||||||
18 | by a street gang member when the firearm was loaded or | ||||||
19 | contained firearm ammunition. | ||||||
20 | (Z) A Class 1 felony committed while he or she was | ||||||
21 | serving a term of probation or conditional discharge for a | ||||||
22 | felony. | ||||||
23 | (AA) Theft of property exceeding $500,000 and not | ||||||
24 | exceeding $1,000,000 in value. | ||||||
25 | (BB) Laundering of criminally derived property of a | ||||||
26 | value exceeding
$500,000. |
| |||||||
| |||||||
1 | (CC) Knowingly selling, offering for sale, holding for | ||||||
2 | sale, or using 2,000 or more counterfeit items or | ||||||
3 | counterfeit items having a retail value in the aggregate of | ||||||
4 | $500,000 or more. | ||||||
5 | (DD) A conviction for aggravated assault under | ||||||
6 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
8 | firearm is aimed toward the person against whom the firearm | ||||||
9 | is being used. | ||||||
10 | (EE) A conviction for a violation of paragraph (2) of | ||||||
11 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
12 | 2012. | ||||||
13 | (3) (Blank).
| ||||||
14 | (4) A minimum term of imprisonment of not less than 10
| ||||||
15 | consecutive days or 30 days of community service shall be | ||||||
16 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
17 | the Illinois Vehicle Code.
| ||||||
18 | (4.1) (Blank).
| ||||||
19 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
20 | this subsection (c), a
minimum of
100 hours of community | ||||||
21 | service shall be imposed for a second violation of
Section | ||||||
22 | 6-303
of the Illinois Vehicle Code.
| ||||||
23 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
24 | hours of community
service, as determined by the court, shall
| ||||||
25 | be imposed for a second violation of subsection (c) of Section | ||||||
26 | 6-303 of the
Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
2 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
3 | 30 days or 300 hours of community service, as
determined by the | ||||||
4 | court, shall
be imposed
for a third or subsequent violation of | ||||||
5 | Section 6-303 of the Illinois Vehicle
Code. The court may give | ||||||
6 | credit toward the fulfillment of community service hours for | ||||||
7 | participation in activities and treatment as determined by | ||||||
8 | court services.
| ||||||
9 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
10 | imposed for a third violation of subsection (c) of
Section | ||||||
11 | 6-303 of the Illinois Vehicle Code.
| ||||||
12 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
13 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
14 | shall be imposed for a
fourth or subsequent violation of | ||||||
15 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
16 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
17 | consecutive days, or 300 hours of community service, shall be | ||||||
18 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
19 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
20 | that Section.
| ||||||
21 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
22 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
23 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
24 | Section. The person's driving privileges shall be revoked for a | ||||||
25 | period of not less than 5 years from the date of his or her | ||||||
26 | release from prison.
|
| |||||||
| |||||||
1 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
2 | not more than 15 years shall be imposed for a third violation | ||||||
3 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
4 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
5 | person's driving privileges shall be revoked for the remainder | ||||||
6 | of his or her life.
| ||||||
7 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
8 | shall be imposed, and the person shall be eligible for an | ||||||
9 | extended term sentence, for a fourth or subsequent violation of | ||||||
10 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
11 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
12 | driving privileges shall be revoked for the remainder of his or | ||||||
13 | her life.
| ||||||
14 | (5) The court may sentence a corporation or unincorporated
| ||||||
15 | association convicted of any offense to:
| ||||||
16 | (A) a period of conditional discharge;
| ||||||
17 | (B) a fine;
| ||||||
18 | (C) make restitution to the victim under Section 5-5-6 | ||||||
19 | of this Code.
| ||||||
20 | (5.1) In addition to any other penalties imposed, and | ||||||
21 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
22 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
23 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
24 | permit, or privileges
suspended for at least 90 days but not | ||||||
25 | more than one year, if the violation
resulted in damage to the | ||||||
26 | property of another person.
|
| |||||||
| |||||||
1 | (5.2) In addition to any other penalties imposed, and | ||||||
2 | except as provided in paragraph (5.3), a person convicted
of | ||||||
3 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
4 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
5 | privileges suspended for at
least 180 days but not more than 2 | ||||||
6 | years, if the violation resulted in injury
to
another person.
| ||||||
7 | (5.3) In addition to any other penalties imposed, a person | ||||||
8 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
9 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
10 | permit, or privileges suspended for 2 years, if the violation | ||||||
11 | resulted in the
death of another person.
| ||||||
12 | (5.4) In addition to any other penalties imposed, a person | ||||||
13 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
14 | Code shall have his or her driver's license, permit, or | ||||||
15 | privileges suspended for 3 months and until he or she has paid | ||||||
16 | a reinstatement fee of $100. | ||||||
17 | (5.5) In addition to any other penalties imposed, a person | ||||||
18 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
19 | Code during a period in which his or her driver's license, | ||||||
20 | permit, or privileges were suspended for a previous violation | ||||||
21 | of that Section shall have his or her driver's license, permit, | ||||||
22 | or privileges suspended for an additional 6 months after the | ||||||
23 | expiration of the original 3-month suspension and until he or | ||||||
24 | she has paid a reinstatement fee of $100.
| ||||||
25 | (6) (Blank).
| ||||||
26 | (7) (Blank).
|
| |||||||
| |||||||
1 | (8) (Blank).
| ||||||
2 | (9) A defendant convicted of a second or subsequent offense | ||||||
3 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
4 | natural life imprisonment.
| ||||||
5 | (10) (Blank).
| ||||||
6 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
7 | first offense
and $2,000 for a second or subsequent offense | ||||||
8 | upon a person convicted of or
placed on supervision for battery | ||||||
9 | when the individual harmed was a sports
official or coach at | ||||||
10 | any level of competition and the act causing harm to the
sports
| ||||||
11 | official or coach occurred within an athletic facility or | ||||||
12 | within the immediate vicinity
of the athletic facility at which | ||||||
13 | the sports official or coach was an active
participant
of the | ||||||
14 | athletic contest held at the athletic facility. For the | ||||||
15 | purposes of
this paragraph (11), "sports official" means a | ||||||
16 | person at an athletic contest
who enforces the rules of the | ||||||
17 | contest, such as an umpire or referee; "athletic facility" | ||||||
18 | means an indoor or outdoor playing field or recreational area | ||||||
19 | where sports activities are conducted;
and "coach" means a | ||||||
20 | person recognized as a coach by the sanctioning
authority that | ||||||
21 | conducted the sporting event. | ||||||
22 | (12) A person may not receive a disposition of court | ||||||
23 | supervision for a
violation of Section 5-16 of the Boat | ||||||
24 | Registration and Safety Act if that
person has previously | ||||||
25 | received a disposition of court supervision for a
violation of | ||||||
26 | that Section.
|
| |||||||
| |||||||
1 | (13) A person convicted of or placed on court supervision | ||||||
2 | for an assault or aggravated assault when the victim and the | ||||||
3 | offender are family or household members as defined in Section | ||||||
4 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
5 | of domestic battery or aggravated domestic battery may be | ||||||
6 | required to attend a Partner Abuse Intervention Program under | ||||||
7 | protocols set forth by the Illinois Department of Human | ||||||
8 | Services under such terms and conditions imposed by the court. | ||||||
9 | The costs of such classes shall be paid by the offender.
| ||||||
10 | (d) In any case in which a sentence originally imposed is | ||||||
11 | vacated,
the case shall be remanded to the trial court. The | ||||||
12 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
13 | Unified Code of Corrections
which may include evidence of the | ||||||
14 | defendant's life, moral character and
occupation during the | ||||||
15 | time since the original sentence was passed. The
trial court | ||||||
16 | shall then impose sentence upon the defendant. The trial
court | ||||||
17 | may impose any sentence which could have been imposed at the
| ||||||
18 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
19 | Corrections.
If a sentence is vacated on appeal or on | ||||||
20 | collateral attack due to the
failure of the trier of fact at | ||||||
21 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
22 | fact (other than a prior conviction) necessary to increase the
| ||||||
23 | punishment for the offense beyond the statutory maximum | ||||||
24 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
25 | to a term within the range otherwise
provided or, if the State | ||||||
26 | files notice of its intention to again seek the
extended |
| |||||||
| |||||||
1 | sentence, the defendant shall be afforded a new trial.
| ||||||
2 | (e) In cases where prosecution for
aggravated criminal | ||||||
3 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
5 | of a defendant
who was a family member of the victim at the | ||||||
6 | time of the commission of the
offense, the court shall consider | ||||||
7 | the safety and welfare of the victim and
may impose a sentence | ||||||
8 | of probation only where:
| ||||||
9 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
10 | (A) the defendant is willing to undergo a court | ||||||
11 | approved counseling
program for a minimum duration of 2 | ||||||
12 | years; or
| ||||||
13 | (B) the defendant is willing to participate in a | ||||||
14 | court approved plan
including but not limited to the | ||||||
15 | defendant's:
| ||||||
16 | (i) removal from the household;
| ||||||
17 | (ii) restricted contact with the victim;
| ||||||
18 | (iii) continued financial support of the | ||||||
19 | family;
| ||||||
20 | (iv) restitution for harm done to the victim; | ||||||
21 | and
| ||||||
22 | (v) compliance with any other measures that | ||||||
23 | the court may
deem appropriate; and
| ||||||
24 | (2) the court orders the defendant to pay for the | ||||||
25 | victim's counseling
services, to the extent that the court | ||||||
26 | finds, after considering the
defendant's income and |
| |||||||
| |||||||
1 | assets, that the defendant is financially capable of
paying | ||||||
2 | for such services, if the victim was under 18 years of age | ||||||
3 | at the
time the offense was committed and requires | ||||||
4 | counseling as a result of the
offense.
| ||||||
5 | Probation may be revoked or modified pursuant to Section | ||||||
6 | 5-6-4; except
where the court determines at the hearing that | ||||||
7 | the defendant violated a
condition of his or her probation | ||||||
8 | restricting contact with the victim or
other family members or | ||||||
9 | commits another offense with the victim or other
family | ||||||
10 | members, the court shall revoke the defendant's probation and
| ||||||
11 | impose a term of imprisonment.
| ||||||
12 | For the purposes of this Section, "family member" and | ||||||
13 | "victim" shall have
the meanings ascribed to them in Section | ||||||
14 | 11-0.1 of the Criminal Code of
2012.
| ||||||
15 | (f) (Blank).
| ||||||
16 | (g) Whenever a defendant is convicted of an offense under | ||||||
17 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
18 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
19 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
20 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
21 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
23 | testing to
determine whether the defendant has any sexually | ||||||
24 | transmissible disease,
including a test for infection with | ||||||
25 | human immunodeficiency virus (HIV) or
any other identified | ||||||
26 | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| |||||||
| |||||||
1 | Any such medical test shall be performed only by appropriately
| ||||||
2 | licensed medical practitioners and may include an analysis of | ||||||
3 | any bodily
fluids as well as an examination of the defendant's | ||||||
4 | person.
Except as otherwise provided by law, the results of | ||||||
5 | such test shall be kept
strictly confidential by all medical | ||||||
6 | personnel involved in the testing and must
be personally | ||||||
7 | delivered in a sealed envelope to the judge of the court in | ||||||
8 | which
the conviction was entered for the judge's inspection in | ||||||
9 | camera. Acting in
accordance with the best interests of the | ||||||
10 | victim and the public, the judge
shall have the discretion to | ||||||
11 | determine to whom, if anyone, the results of the
testing may be | ||||||
12 | revealed. The court shall notify the defendant
of the test | ||||||
13 | results. The court shall
also notify the victim if requested by | ||||||
14 | the victim, and if the victim is under
the age of 15 and if | ||||||
15 | requested by the victim's parents or legal guardian, the
court | ||||||
16 | shall notify the victim's parents or legal guardian of the test
| ||||||
17 | results.
The court shall provide information on the | ||||||
18 | availability of HIV testing
and counseling at Department of | ||||||
19 | Public Health facilities to all parties to
whom the results of | ||||||
20 | the testing are revealed and shall direct the State's
Attorney | ||||||
21 | to provide the information to the victim when possible.
A | ||||||
22 | State's Attorney may petition the court to obtain the results | ||||||
23 | of any HIV test
administered under this Section, and the court | ||||||
24 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
25 | relevant in order to prosecute a charge of
criminal | ||||||
26 | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
2 | defendant. The court shall order that the cost of any such test
| ||||||
3 | shall be paid by the county and may be taxed as costs against | ||||||
4 | the convicted
defendant.
| ||||||
5 | (g-5) When an inmate is tested for an airborne communicable | ||||||
6 | disease, as
determined by the Illinois Department of Public | ||||||
7 | Health including but not
limited to tuberculosis, the results | ||||||
8 | of the test shall be
personally delivered by the warden or his | ||||||
9 | or her designee in a sealed envelope
to the judge of the court | ||||||
10 | in which the inmate must appear for the judge's
inspection in | ||||||
11 | camera if requested by the judge. Acting in accordance with the
| ||||||
12 | best interests of those in the courtroom, the judge shall have | ||||||
13 | the discretion
to determine what if any precautions need to be | ||||||
14 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
15 | (h) Whenever a defendant is convicted of an offense under | ||||||
16 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
17 | defendant shall undergo
medical testing to determine whether | ||||||
18 | the defendant has been exposed to human
immunodeficiency virus | ||||||
19 | (HIV) or any other identified causative agent of
acquired | ||||||
20 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
21 | by
law, the results of such test shall be kept strictly | ||||||
22 | confidential by all
medical personnel involved in the testing | ||||||
23 | and must be personally delivered in a
sealed envelope to the | ||||||
24 | judge of the court in which the conviction was entered
for the | ||||||
25 | judge's inspection in camera. Acting in accordance with the | ||||||
26 | best
interests of the public, the judge shall have the |
| |||||||
| |||||||
1 | discretion to determine to
whom, if anyone, the results of the | ||||||
2 | testing may be revealed. The court shall
notify the defendant | ||||||
3 | of a positive test showing an infection with the human
| ||||||
4 | immunodeficiency virus (HIV). The court shall provide | ||||||
5 | information on the
availability of HIV testing and counseling | ||||||
6 | at Department of Public Health
facilities to all parties to | ||||||
7 | whom the results of the testing are revealed and
shall direct | ||||||
8 | the State's Attorney to provide the information to the victim | ||||||
9 | when
possible. A State's Attorney may petition the court to | ||||||
10 | obtain the results of
any HIV test administered under this | ||||||
11 | Section, and the court shall grant the
disclosure if the | ||||||
12 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
13 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
14 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
15 | 2012 against the defendant. The court shall order that the cost | ||||||
16 | of any
such test shall be paid by the county and may be taxed as | ||||||
17 | costs against the
convicted defendant.
| ||||||
18 | (i) All fines and penalties imposed under this Section for | ||||||
19 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
20 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
21 | any violation
of the Child Passenger Protection Act, or a | ||||||
22 | similar provision of a local
ordinance, shall be collected and | ||||||
23 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
24 | of the Clerks of Courts Act.
| ||||||
25 | (j) In cases when prosecution for any violation of Section | ||||||
26 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
| |||||||
| |||||||
1 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
2 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
3 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
4 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012, any violation of the Illinois Controlled | ||||||
6 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
7 | any violation of the Methamphetamine Control and Community | ||||||
8 | Protection Act results in conviction, a
disposition of court | ||||||
9 | supervision, or an order of probation granted under
Section 10 | ||||||
10 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
11 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
12 | Control and Community Protection Act of a defendant, the court | ||||||
13 | shall determine whether the
defendant is employed by a facility | ||||||
14 | or center as defined under the Child Care
Act of 1969, a public | ||||||
15 | or private elementary or secondary school, or otherwise
works | ||||||
16 | with children under 18 years of age on a daily basis. When a | ||||||
17 | defendant
is so employed, the court shall order the Clerk of | ||||||
18 | the Court to send a copy of
the judgment of conviction or order | ||||||
19 | of supervision or probation to the
defendant's employer by | ||||||
20 | certified mail.
If the employer of the defendant is a school, | ||||||
21 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
22 | the judgment of conviction or order of
supervision or probation | ||||||
23 | to the appropriate regional superintendent of schools.
The | ||||||
24 | regional superintendent of schools shall notify the State Board | ||||||
25 | of
Education of any notification under this subsection.
| ||||||
26 | (j-5) A defendant at least 17 years of age who is convicted |
| |||||||
| |||||||
1 | of a felony and
who has not been previously convicted of a | ||||||
2 | misdemeanor or felony and who is
sentenced to a term of | ||||||
3 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
4 | a condition of his or her sentence be required by the court to | ||||||
5 | attend
educational courses designed to prepare the defendant | ||||||
6 | for a high school diploma
and to work toward a high school | ||||||
7 | diploma or to work toward passing high school equivalency | ||||||
8 | testing or to work toward
completing a vocational training | ||||||
9 | program offered by the Department of
Corrections. If a | ||||||
10 | defendant fails to complete the educational training
required | ||||||
11 | by his or her sentence during the term of incarceration, the | ||||||
12 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
13 | supervised release, require the
defendant, at his or her own | ||||||
14 | expense, to pursue a course of study toward a high
school | ||||||
15 | diploma or passage of high school equivalency testing. The | ||||||
16 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
17 | release of a defendant who wilfully fails to
comply with this | ||||||
18 | subsection (j-5) upon his or her release from confinement in a
| ||||||
19 | penal institution while serving a mandatory supervised release | ||||||
20 | term; however,
the inability of the defendant after making a | ||||||
21 | good faith effort to obtain
financial aid or pay for the | ||||||
22 | educational training shall not be deemed a wilful
failure to | ||||||
23 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
24 | whose mandatory supervised release term has been revoked under | ||||||
25 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
26 | subsection (j-5) does not apply to a
defendant who has a high |
| |||||||
| |||||||
1 | school diploma or has successfully passed high school | ||||||
2 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
3 | defendant who is determined by
the court to be a person with a | ||||||
4 | developmental disability or otherwise mentally incapable of
| ||||||
5 | completing the educational or vocational program.
| ||||||
6 | (k) (Blank).
| ||||||
7 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
8 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
9 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
10 | misdemeanor offense, the court after sentencing the defendant
| ||||||
11 | may, upon motion of the State's Attorney, hold sentence in | ||||||
12 | abeyance and remand
the defendant to the custody of the | ||||||
13 | Attorney General of
the United States or his or her designated | ||||||
14 | agent to be deported when:
| ||||||
15 | (1) a final order of deportation has been issued | ||||||
16 | against the defendant
pursuant to proceedings under the | ||||||
17 | Immigration and Nationality Act, and
| ||||||
18 | (2) the deportation of the defendant would not | ||||||
19 | deprecate the seriousness
of the defendant's conduct and | ||||||
20 | would not be inconsistent with the ends of
justice.
| ||||||
21 | Otherwise, the defendant shall be sentenced as provided in | ||||||
22 | this Chapter V.
| ||||||
23 | (B) If the defendant has already been sentenced for a | ||||||
24 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
25 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
26 | the Illinois Controlled Substances Act, or Section 70 of the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, the | ||||||
2 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
3 | sentence imposed, commit the defendant to the custody of the | ||||||
4 | Attorney General
of the United States or his or her designated | ||||||
5 | agent when:
| ||||||
6 | (1) a final order of deportation has been issued | ||||||
7 | against the defendant
pursuant to proceedings under the | ||||||
8 | Immigration and Nationality Act, and
| ||||||
9 | (2) the deportation of the defendant would not | ||||||
10 | deprecate the seriousness
of the defendant's conduct and | ||||||
11 | would not be inconsistent with the ends of
justice.
| ||||||
12 | (C) This subsection (l) does not apply to offenders who are | ||||||
13 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
14 | Section 3-6-3.
| ||||||
15 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
16 | sentenced under
this Section returns to the jurisdiction of the | ||||||
17 | United States, the defendant
shall be recommitted to the | ||||||
18 | custody of the county from which he or she was
sentenced.
| ||||||
19 | Thereafter, the defendant shall be brought before the | ||||||
20 | sentencing court, which
may impose any sentence that was | ||||||
21 | available under Section 5-5-3 at the time of
initial | ||||||
22 | sentencing. In addition, the defendant shall not be eligible | ||||||
23 | for
additional sentence credit for good conduct as provided | ||||||
24 | under
Section 3-6-3.
| ||||||
25 | (m) A person convicted of criminal defacement of property | ||||||
26 | under Section
21-1.3 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, in which the property damage exceeds | ||||||
2 | $300
and the property damaged is a school building, shall be | ||||||
3 | ordered to perform
community service that may include cleanup, | ||||||
4 | removal, or painting over the
defacement.
| ||||||
5 | (n) The court may sentence a person convicted of a | ||||||
6 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
7 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
8 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
9 | incarceration program if the person is otherwise eligible for | ||||||
10 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
11 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
12 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
13 | substance or alcohol abuse program licensed under that
Act. | ||||||
14 | (o) Whenever a person is convicted of a sex offense as | ||||||
15 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
16 | defendant's driver's license or permit shall be subject to | ||||||
17 | renewal on an annual basis in accordance with the provisions of | ||||||
18 | license renewal established by the Secretary of State.
| ||||||
19 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
20 | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
| ||||||
21 | (Text of Section after amendment by P.A. 99-938 ) | ||||||
22 | Sec. 5-5-3. Disposition.
| ||||||
23 | (a) (Blank).
| ||||||
24 | (b) (Blank).
| ||||||
25 | (c) (1) (Blank).
|
| |||||||
| |||||||
1 | (2) A period of probation, a term of periodic imprisonment | ||||||
2 | or
conditional discharge shall not be imposed for the following | ||||||
3 | offenses.
The court shall sentence the offender to not less | ||||||
4 | than the minimum term
of imprisonment set forth in this Code | ||||||
5 | for the following offenses, and
may order a fine or restitution | ||||||
6 | or both in conjunction with such term of
imprisonment:
| ||||||
7 | (A) First degree murder where the death penalty is not | ||||||
8 | imposed.
| ||||||
9 | (B) Attempted first degree murder.
| ||||||
10 | (C) A Class X felony.
| ||||||
11 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
12 | Controlled Substances Act, or a violation of subdivision | ||||||
13 | (c)(1.5) of
Section 401 of that Act which relates to more | ||||||
14 | than 5 grams of a substance
containing fentanyl or an | ||||||
15 | analog thereof.
| ||||||
16 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
17 | of the Illinois Controlled Substances Act which relates to | ||||||
18 | 3 or more grams of a substance
containing heroin or an | ||||||
19 | analog thereof. | ||||||
20 | (E) (Blank).
| ||||||
21 | (F) A Class 1 or greater felony if the offender had | ||||||
22 | been convicted
of a Class 1 or greater felony, including | ||||||
23 | any state or federal conviction for an offense that | ||||||
24 | contained, at the time it was committed, the same elements | ||||||
25 | as an offense now (the date of the offense committed after | ||||||
26 | the prior Class 1 or greater felony) classified as a Class |
| |||||||
| |||||||
1 | 1 or greater felony, within 10 years of the date on which | ||||||
2 | the
offender
committed the offense for which he or she is | ||||||
3 | being sentenced, except as
otherwise provided in Section | ||||||
4 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
5 | Act.
| ||||||
6 | (F-3) A Class 2 or greater felony sex offense or felony | ||||||
7 | firearm offense if the offender had been convicted of a | ||||||
8 | Class 2 or greater felony, including any state or federal | ||||||
9 | conviction for an offense that contained, at the time it | ||||||
10 | was committed, the same elements as an offense now (the | ||||||
11 | date of the offense committed after the prior Class 2 or | ||||||
12 | greater felony) classified as a Class 2 or greater felony, | ||||||
13 | within 10 years of the date on which the offender committed | ||||||
14 | the offense for which he or she is being sentenced, except | ||||||
15 | as otherwise provided in Section 40-10 of the Alcoholism | ||||||
16 | and Other Drug Abuse and Dependency Act. | ||||||
17 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
19 | which imprisonment is prescribed in those Sections. | ||||||
20 | (G) Residential burglary, except as otherwise provided | ||||||
21 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
22 | Dependency Act.
| ||||||
23 | (H) Criminal sexual assault.
| ||||||
24 | (I) Aggravated battery of a senior citizen as described | ||||||
25 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | (J) A forcible felony if the offense was related to the | ||||||
2 | activities of an
organized gang.
| ||||||
3 | Before July 1, 1994, for the purposes of this | ||||||
4 | paragraph, "organized
gang" means an association of 5 or | ||||||
5 | more persons, with an established hierarchy,
that | ||||||
6 | encourages members of the association to perpetrate crimes | ||||||
7 | or provides
support to the members of the association who | ||||||
8 | do commit crimes.
| ||||||
9 | Beginning July 1, 1994, for the purposes of this | ||||||
10 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
11 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
12 | Prevention Act.
| ||||||
13 | (K) Vehicular hijacking.
| ||||||
14 | (L) A second or subsequent conviction for the offense | ||||||
15 | of hate crime
when the underlying offense upon which the | ||||||
16 | hate crime is based is felony
aggravated
assault or felony | ||||||
17 | mob action.
| ||||||
18 | (M) A second or subsequent conviction for the offense | ||||||
19 | of institutional
vandalism if the damage to the property | ||||||
20 | exceeds $300.
| ||||||
21 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
22 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
23 | Identification Card Act.
| ||||||
24 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
26 | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| |||||||
| |||||||
1 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012.
| ||||||
3 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
4 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
5 | Code of
1961 or the Criminal Code of 2012.
| ||||||
6 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
7 | of
1961 or the Criminal Code of 2012.
| ||||||
8 | (S) (Blank).
| ||||||
9 | (T) (Blank).
| ||||||
10 | (U) A second or subsequent violation of Section 6-303 | ||||||
11 | of the Illinois Vehicle Code committed while his or her | ||||||
12 | driver's license, permit, or privilege was revoked because | ||||||
13 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012, relating to the offense of | ||||||
15 | reckless homicide, or a similar provision of a law of | ||||||
16 | another state.
| ||||||
17 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
18 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
19 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
20 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
21 | Code of 2012 when the victim is under 13 years of age and | ||||||
22 | the defendant has previously been convicted under the laws | ||||||
23 | of this State or any other state of the offense of child | ||||||
24 | pornography, aggravated child pornography, aggravated | ||||||
25 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
26 | predatory criminal sexual assault of a child, or any of the |
| |||||||
| |||||||
1 | offenses formerly known as rape, deviate sexual assault, | ||||||
2 | indecent liberties with a child, or aggravated indecent | ||||||
3 | liberties with a child where the victim was under the age | ||||||
4 | of 18 years or an offense that is substantially equivalent | ||||||
5 | to those offenses. | ||||||
6 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012.
| ||||||
8 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
9 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
10 | (Y) A conviction for unlawful possession of a firearm | ||||||
11 | by a street gang member when the firearm was loaded or | ||||||
12 | contained firearm ammunition. | ||||||
13 | (Z) A Class 1 felony committed while he or she was | ||||||
14 | serving a term of probation or conditional discharge for a | ||||||
15 | felony. | ||||||
16 | (AA) Theft of property exceeding $500,000 and not | ||||||
17 | exceeding $1,000,000 in value. | ||||||
18 | (BB) Laundering of criminally derived property of a | ||||||
19 | value exceeding
$500,000. | ||||||
20 | (CC) Knowingly selling, offering for sale, holding for | ||||||
21 | sale, or using 2,000 or more counterfeit items or | ||||||
22 | counterfeit items having a retail value in the aggregate of | ||||||
23 | $500,000 or more. | ||||||
24 | (DD) A conviction for aggravated assault under | ||||||
25 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| |||||||
| |||||||
1 | firearm is aimed toward the person against whom the firearm | ||||||
2 | is being used. | ||||||
3 | (EE) A conviction for a violation of paragraph (2) of | ||||||
4 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
5 | 2012. | ||||||
6 | (3) (Blank).
| ||||||
7 | (4) A minimum term of imprisonment of not less than 10
| ||||||
8 | consecutive days or 30 days of community service shall be | ||||||
9 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
10 | the Illinois Vehicle Code.
| ||||||
11 | (4.1) (Blank).
| ||||||
12 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
13 | this subsection (c), a
minimum of
100 hours of community | ||||||
14 | service shall be imposed for a second violation of
Section | ||||||
15 | 6-303
of the Illinois Vehicle Code.
| ||||||
16 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
17 | hours of community
service, as determined by the court, shall
| ||||||
18 | be imposed for a second violation of subsection (c) of Section | ||||||
19 | 6-303 of the
Illinois Vehicle Code.
| ||||||
20 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
21 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
22 | 30 days or 300 hours of community service, as
determined by the | ||||||
23 | court, shall
be imposed
for a third or subsequent violation of | ||||||
24 | Section 6-303 of the Illinois Vehicle
Code. The court may give | ||||||
25 | credit toward the fulfillment of community service hours for | ||||||
26 | participation in activities and treatment as determined by |
| |||||||
| |||||||
1 | court services.
| ||||||
2 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
3 | imposed for a third violation of subsection (c) of
Section | ||||||
4 | 6-303 of the Illinois Vehicle Code.
| ||||||
5 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
6 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
7 | shall be imposed for a
fourth or subsequent violation of | ||||||
8 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
9 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
10 | consecutive days, or 300 hours of community service, shall be | ||||||
11 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
12 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
13 | that Section.
| ||||||
14 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
15 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
16 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
17 | Section. The person's driving privileges shall be revoked for a | ||||||
18 | period of not less than 5 years from the date of his or her | ||||||
19 | release from prison.
| ||||||
20 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
21 | not more than 15 years shall be imposed for a third violation | ||||||
22 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
23 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
24 | person's driving privileges shall be revoked for the remainder | ||||||
25 | of his or her life.
| ||||||
26 | (4.10) A mandatory prison sentence for a Class 1 felony |
| |||||||
| |||||||
1 | shall be imposed, and the person shall be eligible for an | ||||||
2 | extended term sentence, for a fourth or subsequent violation of | ||||||
3 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
4 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
5 | driving privileges shall be revoked for the remainder of his or | ||||||
6 | her life.
| ||||||
7 | (5) The court may sentence a corporation or unincorporated
| ||||||
8 | association convicted of any offense to:
| ||||||
9 | (A) a period of conditional discharge;
| ||||||
10 | (B) a fine;
| ||||||
11 | (C) make restitution to the victim under Section 5-5-6 | ||||||
12 | of this Code.
| ||||||
13 | (5.1) In addition to any other penalties imposed, and | ||||||
14 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
15 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
16 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
17 | permit, or privileges
suspended for at least 90 days but not | ||||||
18 | more than one year, if the violation
resulted in damage to the | ||||||
19 | property of another person.
| ||||||
20 | (5.2) In addition to any other penalties imposed, and | ||||||
21 | except as provided in paragraph (5.3), a person convicted
of | ||||||
22 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
23 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
24 | privileges suspended for at
least 180 days but not more than 2 | ||||||
25 | years, if the violation resulted in injury
to
another person.
| ||||||
26 | (5.3) In addition to any other penalties imposed, a person |
| |||||||
| |||||||
1 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
2 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
3 | permit, or privileges suspended for 2 years, if the violation | ||||||
4 | resulted in the
death of another person.
| ||||||
5 | (5.4) In addition to any other penalties imposed, a person | ||||||
6 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
7 | Code shall have his or her driver's license, permit, or | ||||||
8 | privileges suspended for 3 months and until he or she has paid | ||||||
9 | a reinstatement fee of $100. | ||||||
10 | (5.5) In addition to any other penalties imposed, a person | ||||||
11 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
12 | Code during a period in which his or her driver's license, | ||||||
13 | permit, or privileges were suspended for a previous violation | ||||||
14 | of that Section shall have his or her driver's license, permit, | ||||||
15 | or privileges suspended for an additional 6 months after the | ||||||
16 | expiration of the original 3-month suspension and until he or | ||||||
17 | she has paid a reinstatement fee of $100.
| ||||||
18 | (6) (Blank).
| ||||||
19 | (7) (Blank).
| ||||||
20 | (8) (Blank).
| ||||||
21 | (9) A defendant convicted of a second or subsequent offense | ||||||
22 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
23 | natural life imprisonment.
| ||||||
24 | (10) (Blank).
| ||||||
25 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
26 | first offense
and $2,000 for a second or subsequent offense |
| |||||||
| |||||||
1 | upon a person convicted of or
placed on supervision for battery | ||||||
2 | when the individual harmed was a sports
official or coach at | ||||||
3 | any level of competition and the act causing harm to the
sports
| ||||||
4 | official or coach occurred within an athletic facility or | ||||||
5 | within the immediate vicinity
of the athletic facility at which | ||||||
6 | the sports official or coach was an active
participant
of the | ||||||
7 | athletic contest held at the athletic facility. For the | ||||||
8 | purposes of
this paragraph (11), "sports official" means a | ||||||
9 | person at an athletic contest
who enforces the rules of the | ||||||
10 | contest, such as an umpire or referee; "athletic facility" | ||||||
11 | means an indoor or outdoor playing field or recreational area | ||||||
12 | where sports activities are conducted;
and "coach" means a | ||||||
13 | person recognized as a coach by the sanctioning
authority that | ||||||
14 | conducted the sporting event. | ||||||
15 | (12) A person may not receive a disposition of court | ||||||
16 | supervision for a
violation of Section 5-16 of the Boat | ||||||
17 | Registration and Safety Act if that
person has previously | ||||||
18 | received a disposition of court supervision for a
violation of | ||||||
19 | that Section.
| ||||||
20 | (13) A person convicted of or placed on court supervision | ||||||
21 | for an assault or aggravated assault when the victim and the | ||||||
22 | offender are family or household members as defined in Section | ||||||
23 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
24 | of domestic battery or aggravated domestic battery may be | ||||||
25 | required to attend a Partner Abuse Intervention Program under | ||||||
26 | protocols set forth by the Illinois Department of Human |
| |||||||
| |||||||
1 | Services under such terms and conditions imposed by the court. | ||||||
2 | The costs of such classes shall be paid by the offender.
| ||||||
3 | (d) In any case in which a sentence originally imposed is | ||||||
4 | vacated,
the case shall be remanded to the trial court. The | ||||||
5 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
6 | Unified Code of Corrections
which may include evidence of the | ||||||
7 | defendant's life, moral character and
occupation during the | ||||||
8 | time since the original sentence was passed. The
trial court | ||||||
9 | shall then impose sentence upon the defendant. The trial
court | ||||||
10 | may impose any sentence which could have been imposed at the
| ||||||
11 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
12 | Corrections.
If a sentence is vacated on appeal or on | ||||||
13 | collateral attack due to the
failure of the trier of fact at | ||||||
14 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
15 | fact (other than a prior conviction) necessary to increase the
| ||||||
16 | punishment for the offense beyond the statutory maximum | ||||||
17 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
18 | to a term within the range otherwise
provided or, if the State | ||||||
19 | files notice of its intention to again seek the
extended | ||||||
20 | sentence, the defendant shall be afforded a new trial.
| ||||||
21 | (e) In cases where prosecution for
aggravated criminal | ||||||
22 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
24 | of a defendant
who was a family member of the victim at the | ||||||
25 | time of the commission of the
offense, the court shall consider | ||||||
26 | the safety and welfare of the victim and
may impose a sentence |
| |||||||
| |||||||
1 | of probation only where:
| ||||||
2 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
3 | (A) the defendant is willing to undergo a court | ||||||
4 | approved counseling
program for a minimum duration of 2 | ||||||
5 | years; or
| ||||||
6 | (B) the defendant is willing to participate in a | ||||||
7 | court approved plan
including but not limited to the | ||||||
8 | defendant's:
| ||||||
9 | (i) removal from the household;
| ||||||
10 | (ii) restricted contact with the victim;
| ||||||
11 | (iii) continued financial support of the | ||||||
12 | family;
| ||||||
13 | (iv) restitution for harm done to the victim; | ||||||
14 | and
| ||||||
15 | (v) compliance with any other measures that | ||||||
16 | the court may
deem appropriate; and
| ||||||
17 | (2) the court orders the defendant to pay for the | ||||||
18 | victim's counseling
services, to the extent that the court | ||||||
19 | finds, after considering the
defendant's income and | ||||||
20 | assets, that the defendant is financially capable of
paying | ||||||
21 | for such services, if the victim was under 18 years of age | ||||||
22 | at the
time the offense was committed and requires | ||||||
23 | counseling as a result of the
offense.
| ||||||
24 | Probation may be revoked or modified pursuant to Section | ||||||
25 | 5-6-4; except
where the court determines at the hearing that | ||||||
26 | the defendant violated a
condition of his or her probation |
| |||||||
| |||||||
1 | restricting contact with the victim or
other family members or | ||||||
2 | commits another offense with the victim or other
family | ||||||
3 | members, the court shall revoke the defendant's probation and
| ||||||
4 | impose a term of imprisonment.
| ||||||
5 | For the purposes of this Section, "family member" and | ||||||
6 | "victim" shall have
the meanings ascribed to them in Section | ||||||
7 | 11-0.1 of the Criminal Code of
2012.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Whenever a defendant is convicted of an offense under | ||||||
10 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
11 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
12 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
13 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
14 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
16 | testing to
determine whether the defendant has any sexually | ||||||
17 | transmissible disease,
including a test for infection with | ||||||
18 | human immunodeficiency virus (HIV) or
any other identified | ||||||
19 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
20 | Any such medical test shall be performed only by appropriately
| ||||||
21 | licensed medical practitioners and may include an analysis of | ||||||
22 | any bodily
fluids as well as an examination of the defendant's | ||||||
23 | person.
Except as otherwise provided by law, the results of | ||||||
24 | such test shall be kept
strictly confidential by all medical | ||||||
25 | personnel involved in the testing and must
be personally | ||||||
26 | delivered in a sealed envelope to the judge of the court in |
| |||||||
| |||||||
1 | which
the conviction was entered for the judge's inspection in | ||||||
2 | camera. Acting in
accordance with the best interests of the | ||||||
3 | victim and the public, the judge
shall have the discretion to | ||||||
4 | determine to whom, if anyone, the results of the
testing may be | ||||||
5 | revealed. The court shall notify the defendant
of the test | ||||||
6 | results. The court shall
also notify the victim if requested by | ||||||
7 | the victim, and if the victim is under
the age of 15 and if | ||||||
8 | requested by the victim's parents or legal guardian, the
court | ||||||
9 | shall notify the victim's parents or legal guardian of the test
| ||||||
10 | results.
The court shall provide information on the | ||||||
11 | availability of HIV testing
and counseling at Department of | ||||||
12 | Public Health facilities to all parties to
whom the results of | ||||||
13 | the testing are revealed and shall direct the State's
Attorney | ||||||
14 | to provide the information to the victim when possible.
A | ||||||
15 | State's Attorney may petition the court to obtain the results | ||||||
16 | of any HIV test
administered under this Section, and the court | ||||||
17 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
18 | relevant in order to prosecute a charge of
criminal | ||||||
19 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
21 | defendant. The court shall order that the cost of any such test
| ||||||
22 | shall be paid by the county and may be taxed as costs against | ||||||
23 | the convicted
defendant.
| ||||||
24 | (g-5) When an inmate is tested for an airborne communicable | ||||||
25 | disease, as
determined by the Illinois Department of Public | ||||||
26 | Health including but not
limited to tuberculosis, the results |
| |||||||
| |||||||
1 | of the test shall be
personally delivered by the warden or his | ||||||
2 | or her designee in a sealed envelope
to the judge of the court | ||||||
3 | in which the inmate must appear for the judge's
inspection in | ||||||
4 | camera if requested by the judge. Acting in accordance with the
| ||||||
5 | best interests of those in the courtroom, the judge shall have | ||||||
6 | the discretion
to determine what if any precautions need to be | ||||||
7 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
8 | (h) Whenever a defendant is convicted of an offense under | ||||||
9 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
10 | defendant shall undergo
medical testing to determine whether | ||||||
11 | the defendant has been exposed to human
immunodeficiency virus | ||||||
12 | (HIV) or any other identified causative agent of
acquired | ||||||
13 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
14 | by
law, the results of such test shall be kept strictly | ||||||
15 | confidential by all
medical personnel involved in the testing | ||||||
16 | and must be personally delivered in a
sealed envelope to the | ||||||
17 | judge of the court in which the conviction was entered
for the | ||||||
18 | judge's inspection in camera. Acting in accordance with the | ||||||
19 | best
interests of the public, the judge shall have the | ||||||
20 | discretion to determine to
whom, if anyone, the results of the | ||||||
21 | testing may be revealed. The court shall
notify the defendant | ||||||
22 | of a positive test showing an infection with the human
| ||||||
23 | immunodeficiency virus (HIV). The court shall provide | ||||||
24 | information on the
availability of HIV testing and counseling | ||||||
25 | at Department of Public Health
facilities to all parties to | ||||||
26 | whom the results of the testing are revealed and
shall direct |
| |||||||
| |||||||
1 | the State's Attorney to provide the information to the victim | ||||||
2 | when
possible. A State's Attorney may petition the court to | ||||||
3 | obtain the results of
any HIV test administered under this | ||||||
4 | Section, and the court shall grant the
disclosure if the | ||||||
5 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
6 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
7 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
8 | 2012 against the defendant. The court shall order that the cost | ||||||
9 | of any
such test shall be paid by the county and may be taxed as | ||||||
10 | costs against the
convicted defendant.
| ||||||
11 | (i) All fines and penalties imposed under this Section for | ||||||
12 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
13 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
14 | any violation
of the Child Passenger Protection Act, or a | ||||||
15 | similar provision of a local
ordinance, shall be collected and | ||||||
16 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
17 | of the Clerks of Courts Act.
| ||||||
18 | (j) In cases when prosecution for any violation of Section | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
20 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
21 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
22 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
23 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012, any violation of the Illinois Controlled | ||||||
25 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
26 | any violation of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act results in conviction, a
disposition of court | ||||||
2 | supervision, or an order of probation granted under
Section 10 | ||||||
3 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
4 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
5 | Control and Community Protection Act of a defendant, the court | ||||||
6 | shall determine whether the
defendant is employed by a facility | ||||||
7 | or center as defined under the Child Care
Act of 1969, a public | ||||||
8 | or private elementary or secondary school, or otherwise
works | ||||||
9 | with children under 18 years of age on a daily basis. When a | ||||||
10 | defendant
is so employed, the court shall order the Clerk of | ||||||
11 | the Court to send a copy of
the judgment of conviction or order | ||||||
12 | of supervision or probation to the
defendant's employer by | ||||||
13 | certified mail.
If the employer of the defendant is a school, | ||||||
14 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
15 | the judgment of conviction or order of
supervision or probation | ||||||
16 | to the appropriate regional superintendent of schools.
The | ||||||
17 | regional superintendent of schools shall notify the State Board | ||||||
18 | of
Education of any notification under this subsection.
| ||||||
19 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
20 | of a felony and
who has not been previously convicted of a | ||||||
21 | misdemeanor or felony and who is
sentenced to a term of | ||||||
22 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
23 | a condition of his or her sentence be required by the court to | ||||||
24 | attend
educational courses designed to prepare the defendant | ||||||
25 | for a high school diploma
and to work toward a high school | ||||||
26 | diploma or to work toward passing high school equivalency |
| |||||||
| |||||||
1 | testing or to work toward
completing a vocational training | ||||||
2 | program offered by the Department of
Corrections. If a | ||||||
3 | defendant fails to complete the educational training
required | ||||||
4 | by his or her sentence during the term of incarceration, the | ||||||
5 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
6 | supervised release, require the
defendant, at his or her own | ||||||
7 | expense, to pursue a course of study toward a high
school | ||||||
8 | diploma or passage of high school equivalency testing. The | ||||||
9 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
10 | release of a defendant who wilfully fails to
comply with this | ||||||
11 | subsection (j-5) upon his or her release from confinement in a
| ||||||
12 | penal institution while serving a mandatory supervised release | ||||||
13 | term; however,
the inability of the defendant after making a | ||||||
14 | good faith effort to obtain
financial aid or pay for the | ||||||
15 | educational training shall not be deemed a wilful
failure to | ||||||
16 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
17 | whose mandatory supervised release term has been revoked under | ||||||
18 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
19 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
20 | school diploma or has successfully passed high school | ||||||
21 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
22 | defendant who is determined by
the court to be a person with a | ||||||
23 | developmental disability or otherwise mentally incapable of
| ||||||
24 | completing the educational or vocational program.
| ||||||
25 | (k) (Blank).
| ||||||
26 | (l) (A) Except as provided
in paragraph (C) of subsection |
| |||||||
| |||||||
1 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
2 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
3 | misdemeanor offense, the court after sentencing the defendant
| ||||||
4 | may, upon motion of the State's Attorney, hold sentence in | ||||||
5 | abeyance and remand
the defendant to the custody of the | ||||||
6 | Attorney General of
the United States or his or her designated | ||||||
7 | agent to be deported when:
| ||||||
8 | (1) a final order of deportation has been issued | ||||||
9 | against the defendant
pursuant to proceedings under the | ||||||
10 | Immigration and Nationality Act, and
| ||||||
11 | (2) the deportation of the defendant would not | ||||||
12 | deprecate the seriousness
of the defendant's conduct and | ||||||
13 | would not be inconsistent with the ends of
justice.
| ||||||
14 | Otherwise, the defendant shall be sentenced as provided in | ||||||
15 | this Chapter V.
| ||||||
16 | (B) If the defendant has already been sentenced for a | ||||||
17 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
18 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
19 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act, the | ||||||
21 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
22 | sentence imposed, commit the defendant to the custody of the | ||||||
23 | Attorney General
of the United States or his or her designated | ||||||
24 | agent when:
| ||||||
25 | (1) a final order of deportation has been issued | ||||||
26 | against the defendant
pursuant to proceedings under the |
| |||||||
| |||||||
1 | Immigration and Nationality Act, and
| ||||||
2 | (2) the deportation of the defendant would not | ||||||
3 | deprecate the seriousness
of the defendant's conduct and | ||||||
4 | would not be inconsistent with the ends of
justice.
| ||||||
5 | (C) This subsection (l) does not apply to offenders who are | ||||||
6 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
7 | Section 3-6-3.
| ||||||
8 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
9 | sentenced under
this Section returns to the jurisdiction of the | ||||||
10 | United States, the defendant
shall be recommitted to the | ||||||
11 | custody of the county from which he or she was
sentenced.
| ||||||
12 | Thereafter, the defendant shall be brought before the | ||||||
13 | sentencing court, which
may impose any sentence that was | ||||||
14 | available under Section 5-5-3 at the time of
initial | ||||||
15 | sentencing. In addition, the defendant shall not be eligible | ||||||
16 | for
additional earned sentence credit as provided under
Section | ||||||
17 | 3-6-3.
| ||||||
18 | (m) A person convicted of criminal defacement of property | ||||||
19 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, in which the property damage exceeds | ||||||
21 | $300
and the property damaged is a school building, shall be | ||||||
22 | ordered to perform
community service that may include cleanup, | ||||||
23 | removal, or painting over the
defacement.
| ||||||
24 | (n) The court may sentence a person convicted of a | ||||||
25 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
26 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
2 | incarceration program if the person is otherwise eligible for | ||||||
3 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
4 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
5 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
6 | substance or alcohol abuse program licensed under that
Act. | ||||||
7 | (o) Whenever a person is convicted of a sex offense as | ||||||
8 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
9 | defendant's driver's license or permit shall be subject to | ||||||
10 | renewal on an annual basis in accordance with the provisions of | ||||||
11 | license renewal established by the Secretary of State.
| ||||||
12 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
13 | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. | ||||||
14 | 1-1-18.)
| ||||||
15 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
16 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
17 | discharge.
| ||||||
18 | (a) The conditions of probation and of conditional | ||||||
19 | discharge shall be
that the person:
| ||||||
20 | (1) not violate any criminal statute of any | ||||||
21 | jurisdiction;
| ||||||
22 | (2) report to or appear in person before such person or | ||||||
23 | agency as
directed by the court;
| ||||||
24 | (3) refrain from possessing a firearm or other | ||||||
25 | dangerous weapon where the offense is a felony or, if a |
| |||||||
| |||||||
1 | misdemeanor, the offense involved the intentional or | ||||||
2 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
3 | (4) not leave the State without the consent of the | ||||||
4 | court or, in
circumstances in which the reason for the | ||||||
5 | absence is of such an emergency
nature that prior consent | ||||||
6 | by the court is not possible, without the prior
| ||||||
7 | notification and approval of the person's probation
| ||||||
8 | officer. Transfer of a person's probation or conditional | ||||||
9 | discharge
supervision to another state is subject to | ||||||
10 | acceptance by the other state
pursuant to the Interstate | ||||||
11 | Compact for Adult Offender Supervision;
| ||||||
12 | (5) permit the probation officer to visit
him at his | ||||||
13 | home or elsewhere
to the extent necessary to discharge his | ||||||
14 | duties;
| ||||||
15 | (6) perform no less than 30 hours of community service | ||||||
16 | and not more than
120 hours of community service, if | ||||||
17 | community service is available in the
jurisdiction and is | ||||||
18 | funded and approved by the county board where the offense
| ||||||
19 | was committed, where the offense was related to or in | ||||||
20 | furtherance of the
criminal activities of an organized gang | ||||||
21 | and was motivated by the offender's
membership in or | ||||||
22 | allegiance to an organized gang. The community service | ||||||
23 | shall
include, but not be limited to, the cleanup and | ||||||
24 | repair of any damage caused by
a violation of Section | ||||||
25 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012 and similar damage
to property located within the |
| |||||||
| |||||||
1 | municipality or county in which the violation
occurred. | ||||||
2 | When possible and reasonable, the community service should | ||||||
3 | be
performed in the offender's neighborhood. For purposes | ||||||
4 | of this Section,
"organized gang" has the meaning ascribed | ||||||
5 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
6 | Omnibus Prevention Act . The court may give credit toward | ||||||
7 | the fulfillment of community service hours for | ||||||
8 | participation in activities and treatment as determined by | ||||||
9 | court services ;
| ||||||
10 | (7) if he or she is at least 17 years of age and has | ||||||
11 | been sentenced to
probation or conditional discharge for a | ||||||
12 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
13 | inhabitants and has not been previously convicted of a
| ||||||
14 | misdemeanor or felony, may be required by the sentencing | ||||||
15 | court to attend
educational courses designed to prepare the | ||||||
16 | defendant for a high school diploma
and to work toward a | ||||||
17 | high school diploma or to work toward passing high school | ||||||
18 | equivalency testing or to work toward
completing a | ||||||
19 | vocational training program approved by the court. The | ||||||
20 | person on
probation or conditional discharge must attend a | ||||||
21 | public institution of
education to obtain the educational | ||||||
22 | or vocational training required by this paragraph
clause | ||||||
23 | (7). The court shall revoke the probation or conditional | ||||||
24 | discharge of a
person who wilfully fails to comply with | ||||||
25 | this paragraph clause (7). The person on
probation or | ||||||
26 | conditional discharge shall be required to pay for the cost |
| |||||||
| |||||||
1 | of the
educational courses or high school equivalency | ||||||
2 | testing if a fee is charged for those courses or testing. | ||||||
3 | The court shall resentence the offender whose probation or | ||||||
4 | conditional
discharge has been revoked as provided in | ||||||
5 | Section 5-6-4. This paragraph clause (7) does
not apply to | ||||||
6 | a person who has a high school diploma or has successfully | ||||||
7 | passed high school equivalency testing. This paragraph | ||||||
8 | clause (7) does not apply to a person who is determined by
| ||||||
9 | the court to be a person with a developmental disability or | ||||||
10 | otherwise mentally incapable of
completing the educational | ||||||
11 | or vocational program;
| ||||||
12 | (8) if convicted of possession of a substance | ||||||
13 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
14 | Controlled Substances Act, or the Methamphetamine Control | ||||||
15 | and Community Protection Act
after a previous conviction or | ||||||
16 | disposition of supervision for possession of a
substance | ||||||
17 | prohibited by the Cannabis Control Act or Illinois | ||||||
18 | Controlled
Substances Act or after a sentence of probation | ||||||
19 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
20 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
21 | the Methamphetamine Control and Community Protection Act | ||||||
22 | and upon a
finding by the court that the person is | ||||||
23 | addicted, undergo treatment at a
substance abuse program | ||||||
24 | approved by the court;
| ||||||
25 | (8.5) if convicted of a felony sex offense as defined | ||||||
26 | in the Sex
Offender
Management Board Act, the person shall |
| |||||||
| |||||||
1 | undergo and successfully complete sex
offender treatment | ||||||
2 | by a treatment provider approved by the Board and conducted
| ||||||
3 | in conformance with the standards developed under the Sex
| ||||||
4 | Offender Management Board Act;
| ||||||
5 | (8.6) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender Management Board Act, refrain from residing at | ||||||
7 | the same address or in the same condominium unit or | ||||||
8 | apartment unit or in the same condominium complex or | ||||||
9 | apartment complex with another person he or she knows or | ||||||
10 | reasonably should know is a convicted sex offender or has | ||||||
11 | been placed on supervision for a sex offense; the | ||||||
12 | provisions of this paragraph do not apply to a person | ||||||
13 | convicted of a sex offense who is placed in a Department of | ||||||
14 | Corrections licensed transitional housing facility for sex | ||||||
15 | offenders; | ||||||
16 | (8.7) if convicted for an offense committed on or after | ||||||
17 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
18 | would qualify the accused as a child sex offender as | ||||||
19 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012, refrain from | ||||||
21 | communicating with or contacting, by means of the Internet, | ||||||
22 | a person who is not related to the accused and whom the | ||||||
23 | accused reasonably believes to be under 18 years of age; | ||||||
24 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
25 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
26 | Code of 2012; and a person is not related to the accused if |
| |||||||
| |||||||
1 | the person is not: (i) the spouse, brother, or sister of | ||||||
2 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
3 | first or second cousin of the accused; or (iv) a step-child | ||||||
4 | or adopted child of the accused; | ||||||
5 | (8.8) if convicted for an offense under Section 11-6, | ||||||
6 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
7 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | or any attempt to commit any of these offenses, committed | ||||||
10 | on or after June 1, 2009 (the effective date of Public Act | ||||||
11 | 95-983): | ||||||
12 | (i) not access or use a computer or any other | ||||||
13 | device with Internet capability without the prior | ||||||
14 | written approval of the offender's probation officer, | ||||||
15 | except in connection with the offender's employment or | ||||||
16 | search for employment with the prior approval of the | ||||||
17 | offender's probation officer; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's probation | ||||||
21 | officer, a law enforcement officer, or assigned | ||||||
22 | computer or information technology specialist, | ||||||
23 | including the retrieval and copying of all data from | ||||||
24 | the computer or device and any internal or external | ||||||
25 | peripherals and removal of such information, | ||||||
26 | equipment, or device to conduct a more thorough |
| |||||||
| |||||||
1 | inspection; | ||||||
2 | (iii) submit to the installation on the offender's | ||||||
3 | computer or device with Internet capability, at the | ||||||
4 | offender's expense, of one or more hardware or software | ||||||
5 | systems to monitor the Internet use; and | ||||||
6 | (iv) submit to any other appropriate restrictions | ||||||
7 | concerning the offender's use of or access to a | ||||||
8 | computer or any other device with Internet capability | ||||||
9 | imposed by the offender's probation officer; | ||||||
10 | (8.9) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender
Registration Act committed on or after January | ||||||
12 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
13 | from accessing or using a social networking website as | ||||||
14 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
15 | (9) if convicted of a felony or of any misdemeanor | ||||||
16 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
17 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
19 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
20 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
21 | at a time and place
designated by the court, his or her | ||||||
22 | Firearm
Owner's Identification Card and
any and all | ||||||
23 | firearms in
his or her possession. The Court shall return | ||||||
24 | to the Department of State Police Firearm Owner's | ||||||
25 | Identification Card Office the person's Firearm Owner's | ||||||
26 | Identification Card;
|
| |||||||
| |||||||
1 | (10) if convicted of a sex offense as defined in | ||||||
2 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
3 | offender is a parent or guardian of the person under 18 | ||||||
4 | years of age present in the home and no non-familial minors | ||||||
5 | are present, not participate in a holiday event involving | ||||||
6 | children under 18 years of age, such as distributing candy | ||||||
7 | or other items to children on Halloween, wearing a Santa | ||||||
8 | Claus costume on or preceding Christmas, being employed as | ||||||
9 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
10 | costume on or preceding Easter; | ||||||
11 | (11) if convicted of a sex offense as defined in | ||||||
12 | Section 2 of the Sex Offender Registration Act committed on | ||||||
13 | or after January 1, 2010 (the effective date of Public Act | ||||||
14 | 96-362) that requires the person to register as a sex | ||||||
15 | offender under that Act, may not knowingly use any computer | ||||||
16 | scrub software on any computer that the sex offender uses; | ||||||
17 | (12) if convicted of a violation of the Methamphetamine | ||||||
18 | Control and Community Protection Act, the Methamphetamine
| ||||||
19 | Precursor Control Act, or a methamphetamine related | ||||||
20 | offense: | ||||||
21 | (A) prohibited from purchasing, possessing, or | ||||||
22 | having under his or her control any product containing | ||||||
23 | pseudoephedrine unless prescribed by a physician; and | ||||||
24 | (B) prohibited from purchasing, possessing, or | ||||||
25 | having under his or her control any product containing | ||||||
26 | ammonium nitrate; and |
| |||||||
| |||||||
1 | (13) if convicted of a hate crime involving the | ||||||
2 | protected class identified in subsection (a) of Section | ||||||
3 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
4 | offense the offender committed, perform public or | ||||||
5 | community service of no less than 200 hours and enroll in | ||||||
6 | an educational program discouraging hate crimes that | ||||||
7 | includes racial, ethnic, and cultural sensitivity training | ||||||
8 | ordered by the court. | ||||||
9 | (b) The Court may in addition to other reasonable | ||||||
10 | conditions relating to the
nature of the offense or the | ||||||
11 | rehabilitation of the defendant as determined for
each | ||||||
12 | defendant in the proper discretion of the Court require that | ||||||
13 | the person:
| ||||||
14 | (1) serve a term of periodic imprisonment under Article | ||||||
15 | 7 for a
period not to exceed that specified in paragraph | ||||||
16 | (d) of Section 5-7-1;
| ||||||
17 | (2) pay a fine and costs;
| ||||||
18 | (3) work or pursue a course of study or vocational | ||||||
19 | training;
| ||||||
20 | (4) undergo medical, psychological or psychiatric | ||||||
21 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
22 | (5) attend or reside in a facility established for the | ||||||
23 | instruction
or residence of defendants on probation;
| ||||||
24 | (6) support his dependents;
| ||||||
25 | (7) and in addition, if a minor:
| ||||||
26 | (i) reside with his parents or in a foster home;
|
| |||||||
| |||||||
1 | (ii) attend school;
| ||||||
2 | (iii) attend a non-residential program for youth;
| ||||||
3 | (iv) contribute to his own support at home or in a | ||||||
4 | foster home;
| ||||||
5 | (v) with the consent of the superintendent of the
| ||||||
6 | facility, attend an educational program at a facility | ||||||
7 | other than the school
in which the
offense was | ||||||
8 | committed if he
or she is convicted of a crime of | ||||||
9 | violence as
defined in
Section 2 of the Crime Victims | ||||||
10 | Compensation Act committed in a school, on the
real
| ||||||
11 | property
comprising a school, or within 1,000 feet of | ||||||
12 | the real property comprising a
school;
| ||||||
13 | (8) make restitution as provided in Section 5-5-6 of | ||||||
14 | this Code;
| ||||||
15 | (9) perform some reasonable public or community | ||||||
16 | service;
| ||||||
17 | (10) serve a term of home confinement. In addition to | ||||||
18 | any other
applicable condition of probation or conditional | ||||||
19 | discharge, the
conditions of home confinement shall be that | ||||||
20 | the offender:
| ||||||
21 | (i) remain within the interior premises of the | ||||||
22 | place designated for
his confinement during the hours | ||||||
23 | designated by the court;
| ||||||
24 | (ii) admit any person or agent designated by the | ||||||
25 | court into the
offender's place of confinement at any | ||||||
26 | time for purposes of verifying
the offender's |
| |||||||
| |||||||
1 | compliance with the conditions of his confinement; and
| ||||||
2 | (iii) if further deemed necessary by the court or | ||||||
3 | the
Probation or
Court Services Department, be placed | ||||||
4 | on an approved
electronic monitoring device, subject | ||||||
5 | to Article 8A of Chapter V;
| ||||||
6 | (iv) for persons convicted of any alcohol, | ||||||
7 | cannabis or controlled
substance violation who are | ||||||
8 | placed on an approved monitoring device as a
condition | ||||||
9 | of probation or conditional discharge, the court shall | ||||||
10 | impose a
reasonable fee for each day of the use of the | ||||||
11 | device, as established by the
county board in | ||||||
12 | subsection (g) of this Section, unless after | ||||||
13 | determining the
inability of the offender to pay the | ||||||
14 | fee, the court assesses a lesser fee or no
fee as the | ||||||
15 | case may be. This fee shall be imposed in addition to | ||||||
16 | the fees
imposed under subsections (g) and (i) of this | ||||||
17 | Section. The fee shall be
collected by the clerk of the | ||||||
18 | circuit court, except as provided in an administrative | ||||||
19 | order of the Chief Judge of the circuit court. The | ||||||
20 | clerk of the circuit
court shall pay all monies | ||||||
21 | collected from this fee to the county treasurer
for | ||||||
22 | deposit in the substance abuse services fund under | ||||||
23 | Section 5-1086.1 of
the Counties Code, except as | ||||||
24 | provided in an administrative order of the Chief Judge | ||||||
25 | of the circuit court. | ||||||
26 | The Chief Judge of the circuit court of the county |
| |||||||
| |||||||
1 | may by administrative order establish a program for | ||||||
2 | electronic monitoring of offenders, in which a vendor | ||||||
3 | supplies and monitors the operation of the electronic | ||||||
4 | monitoring device, and collects the fees on behalf of | ||||||
5 | the county. The program shall include provisions for | ||||||
6 | indigent offenders and the collection of unpaid fees. | ||||||
7 | The program shall not unduly burden the offender and | ||||||
8 | shall be subject to review by the Chief Judge. | ||||||
9 | The Chief Judge of the circuit court may suspend | ||||||
10 | any additional charges or fees for late payment, | ||||||
11 | interest, or damage to any device; and
| ||||||
12 | (v) for persons convicted of offenses other than | ||||||
13 | those referenced in
clause (iv) above and who are | ||||||
14 | placed on an approved monitoring device as a
condition | ||||||
15 | of probation or conditional discharge, the court shall | ||||||
16 | impose
a reasonable fee for each day of the use of the | ||||||
17 | device, as established by the
county board in | ||||||
18 | subsection (g) of this Section, unless after | ||||||
19 | determining the
inability of the defendant to pay the | ||||||
20 | fee, the court assesses a lesser fee or
no fee as the | ||||||
21 | case may be. This fee shall be imposed in addition to | ||||||
22 | the fees
imposed under subsections (g) and (i) of this | ||||||
23 | Section. The fee
shall be collected by the clerk of the | ||||||
24 | circuit court, except as provided in an administrative | ||||||
25 | order of the Chief Judge of the circuit court. The | ||||||
26 | clerk of the circuit
court shall pay all monies |
| |||||||
| |||||||
1 | collected from this fee
to the county treasurer who | ||||||
2 | shall use the monies collected to defray the
costs of | ||||||
3 | corrections. The county treasurer shall deposit the | ||||||
4 | fee
collected in the probation and court services fund.
| ||||||
5 | The Chief Judge of the circuit court of the county may | ||||||
6 | by administrative order establish a program for | ||||||
7 | electronic monitoring of offenders, in which a vendor | ||||||
8 | supplies and monitors the operation of the electronic | ||||||
9 | monitoring device, and collects the fees on behalf of | ||||||
10 | the county. The program shall include provisions for | ||||||
11 | indigent offenders and the collection of unpaid fees. | ||||||
12 | The program shall not unduly burden the offender and | ||||||
13 | shall be subject to review by the Chief Judge.
| ||||||
14 | The Chief Judge of the circuit court may suspend | ||||||
15 | any additional charges or fees for late payment, | ||||||
16 | interest, or damage to any device. | ||||||
17 | (11) comply with the terms and conditions of an order | ||||||
18 | of protection issued
by the court pursuant to the Illinois | ||||||
19 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
20 | or an order of protection issued by the court of
another | ||||||
21 | state, tribe, or United States territory. A copy of the | ||||||
22 | order of
protection shall be
transmitted to the probation | ||||||
23 | officer or agency
having responsibility for the case;
| ||||||
24 | (12) reimburse any "local anti-crime program" as | ||||||
25 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
26 | for any reasonable expenses incurred
by the program on the |
| |||||||
| |||||||
1 | offender's case, not to exceed the maximum amount of
the | ||||||
2 | fine authorized for the offense for which the defendant was | ||||||
3 | sentenced;
| ||||||
4 | (13) contribute a reasonable sum of money, not to | ||||||
5 | exceed the maximum
amount of the fine authorized for the
| ||||||
6 | offense for which the defendant was sentenced, (i) to a | ||||||
7 | "local anti-crime
program", as defined in Section 7 of the | ||||||
8 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
9 | the jurisdiction of the Department of Natural Resources, to | ||||||
10 | the fund established by the Department of Natural Resources | ||||||
11 | for the purchase of evidence for investigation purposes and | ||||||
12 | to conduct investigations as outlined in Section 805-105 of | ||||||
13 | the Department of Natural Resources (Conservation) Law;
| ||||||
14 | (14) refrain from entering into a designated | ||||||
15 | geographic area except upon
such terms as the court finds | ||||||
16 | appropriate. Such terms may include
consideration of the | ||||||
17 | purpose of the entry, the time of day, other persons
| ||||||
18 | accompanying the defendant, and advance approval by a
| ||||||
19 | probation officer, if
the defendant has been placed on | ||||||
20 | probation or advance approval by the
court, if the | ||||||
21 | defendant was placed on conditional discharge;
| ||||||
22 | (15) refrain from having any contact, directly or | ||||||
23 | indirectly, with
certain specified persons or particular | ||||||
24 | types of persons, including but not
limited to members of | ||||||
25 | street gangs and drug users or dealers;
| ||||||
26 | (16) refrain from having in his or her body the |
| |||||||
| |||||||
1 | presence of any illicit
drug prohibited by the Cannabis | ||||||
2 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act, | ||||||
4 | unless prescribed by a physician, and submit samples of
his | ||||||
5 | or her blood or urine or both for tests to determine the | ||||||
6 | presence of any
illicit drug;
| ||||||
7 | (17) if convicted for an offense committed on or after | ||||||
8 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
9 | would qualify the accused as a child sex offender as | ||||||
10 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012, refrain from | ||||||
12 | communicating with or contacting, by means of the Internet, | ||||||
13 | a person who is related to the accused and whom the accused | ||||||
14 | reasonably believes to be under 18 years of age; for | ||||||
15 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
16 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
17 | 2012; and a person is related to the accused if the person | ||||||
18 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
19 | a descendant of the accused; (iii) a first or second cousin | ||||||
20 | of the accused; or (iv) a step-child or adopted child of | ||||||
21 | the accused; | ||||||
22 | (18) if convicted for an offense committed on or after | ||||||
23 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
24 | would qualify as a sex offense as defined in the Sex | ||||||
25 | Offender Registration Act: | ||||||
26 | (i) not access or use a computer or any other |
| |||||||
| |||||||
1 | device with Internet capability without the prior | ||||||
2 | written approval of the offender's probation officer, | ||||||
3 | except in connection with the offender's employment or | ||||||
4 | search for employment with the prior approval of the | ||||||
5 | offender's probation officer; | ||||||
6 | (ii) submit to periodic unannounced examinations | ||||||
7 | of the offender's computer or any other device with | ||||||
8 | Internet capability by the offender's probation | ||||||
9 | officer, a law enforcement officer, or assigned | ||||||
10 | computer or information technology specialist, | ||||||
11 | including the retrieval and copying of all data from | ||||||
12 | the computer or device and any internal or external | ||||||
13 | peripherals and removal of such information, | ||||||
14 | equipment, or device to conduct a more thorough | ||||||
15 | inspection; | ||||||
16 | (iii) submit to the installation on the offender's | ||||||
17 | computer or device with Internet capability, at the | ||||||
18 | subject's expense, of one or more hardware or software | ||||||
19 | systems to monitor the Internet use; and | ||||||
20 | (iv) submit to any other appropriate restrictions | ||||||
21 | concerning the offender's use of or access to a | ||||||
22 | computer or any other device with Internet capability | ||||||
23 | imposed by the offender's probation officer; and | ||||||
24 | (19) refrain from possessing a firearm or other | ||||||
25 | dangerous weapon where the offense is a misdemeanor that | ||||||
26 | did not involve the intentional or knowing infliction of |
| |||||||
| |||||||
1 | bodily harm or threat of bodily harm. | ||||||
2 | (c) The court may as a condition of probation or of | ||||||
3 | conditional
discharge require that a person under 18 years of | ||||||
4 | age found guilty of any
alcohol, cannabis or controlled | ||||||
5 | substance violation, refrain from acquiring
a driver's license | ||||||
6 | during
the period of probation or conditional discharge. If | ||||||
7 | such person
is in possession of a permit or license, the court | ||||||
8 | may require that
the minor refrain from driving or operating | ||||||
9 | any motor vehicle during the
period of probation or conditional | ||||||
10 | discharge, except as may be necessary in
the course of the | ||||||
11 | minor's lawful employment.
| ||||||
12 | (d) An offender sentenced to probation or to conditional | ||||||
13 | discharge
shall be given a certificate setting forth the | ||||||
14 | conditions thereof.
| ||||||
15 | (e) Except where the offender has committed a fourth or | ||||||
16 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
17 | Illinois Vehicle Code,
the court shall not require as a | ||||||
18 | condition of the sentence of
probation or conditional discharge | ||||||
19 | that the offender be committed to a
period of imprisonment in | ||||||
20 | excess of 6 months.
This 6-month 6 month limit shall not | ||||||
21 | include periods of confinement given pursuant to
a sentence of | ||||||
22 | county impact incarceration under Section 5-8-1.2.
| ||||||
23 | Persons committed to imprisonment as a condition of | ||||||
24 | probation or
conditional discharge shall not be committed to | ||||||
25 | the Department of
Corrections.
| ||||||
26 | (f) The court may combine a sentence of periodic |
| |||||||
| |||||||
1 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
2 | incarceration program under
Article 8 with a sentence of | ||||||
3 | probation or conditional discharge.
| ||||||
4 | (g) An offender sentenced to probation or to conditional | ||||||
5 | discharge and
who during the term of either undergoes mandatory | ||||||
6 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
7 | on an approved electronic monitoring
device, shall be ordered | ||||||
8 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
9 | testing, or both, and all costs
incidental to such approved | ||||||
10 | electronic monitoring in accordance with the
defendant's | ||||||
11 | ability to pay those costs. The county board with
the | ||||||
12 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
13 | the county is located shall establish reasonable fees for
the | ||||||
14 | cost of maintenance, testing, and incidental expenses related | ||||||
15 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
16 | costs incidental to
approved electronic monitoring, involved | ||||||
17 | in a successful probation program
for the county. The | ||||||
18 | concurrence of the Chief Judge shall be in the form of
an | ||||||
19 | administrative order.
The fees shall be collected by the clerk | ||||||
20 | of the circuit court, except as provided in an administrative | ||||||
21 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
22 | circuit court shall pay all moneys collected from these fees to | ||||||
23 | the county
treasurer who shall use the moneys collected to | ||||||
24 | defray the costs of
drug testing, alcohol testing, and | ||||||
25 | electronic monitoring.
The county treasurer shall deposit the | ||||||
26 | fees collected in the
county working cash fund under Section |
| |||||||
| |||||||
1 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
2 | may be.
The Chief Judge of the circuit court of the county may | ||||||
3 | by administrative order establish a program for electronic | ||||||
4 | monitoring of offenders, in which a vendor supplies and | ||||||
5 | monitors the operation of the electronic monitoring device, and | ||||||
6 | collects the fees on behalf of the county. The program shall | ||||||
7 | include provisions for indigent offenders and the collection of | ||||||
8 | unpaid fees. The program shall not unduly burden the offender | ||||||
9 | and shall be subject to review by the Chief Judge.
| ||||||
10 | The Chief Judge of the circuit court may suspend any | ||||||
11 | additional charges or fees for late payment, interest, or | ||||||
12 | damage to any device. | ||||||
13 | (h) Jurisdiction over an offender may be transferred from | ||||||
14 | the
sentencing court to the court of another circuit with the | ||||||
15 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
16 | jurisdiction are also
authorized in the same manner. The court | ||||||
17 | to which jurisdiction has been
transferred shall have the same | ||||||
18 | powers as the sentencing court.
The probation department within | ||||||
19 | the circuit to which jurisdiction has been transferred, or | ||||||
20 | which has agreed to provide supervision, may impose probation | ||||||
21 | fees upon receiving the transferred offender, as provided in | ||||||
22 | subsection (i). For all transfer cases, as defined in Section | ||||||
23 | 9b of the Probation and Probation Officers Act, the probation | ||||||
24 | department from the original sentencing court shall retain all | ||||||
25 | probation fees collected prior to the transfer. After the | ||||||
26 | transfer ,
all probation fees shall be paid to the probation |
| |||||||
| |||||||
1 | department within the
circuit to which jurisdiction has been | ||||||
2 | transferred.
| ||||||
3 | (i) The court shall impose upon an offender
sentenced to | ||||||
4 | probation after January 1, 1989 or to conditional discharge
| ||||||
5 | after January 1, 1992 or to community service under the | ||||||
6 | supervision of a
probation or court services department after | ||||||
7 | January 1, 2004, as a condition of such probation or | ||||||
8 | conditional
discharge or supervised community service, a fee of | ||||||
9 | $50
for each month of probation or
conditional
discharge | ||||||
10 | supervision or supervised community service ordered by the | ||||||
11 | court, unless after
determining the inability of the person | ||||||
12 | sentenced to probation or conditional
discharge or supervised | ||||||
13 | community service to pay the
fee, the court assesses a lesser | ||||||
14 | fee. The court may not impose the fee on a
minor who is placed | ||||||
15 | in the guardianship or custody of the Department of Children | ||||||
16 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
17 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
18 | an offender who is actively supervised by the
probation and | ||||||
19 | court services
department. The fee shall be collected by the | ||||||
20 | clerk
of the circuit court. The clerk of the circuit court | ||||||
21 | shall pay all monies
collected from this fee to the county | ||||||
22 | treasurer for deposit in the
probation and court services fund | ||||||
23 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
24 | A circuit court may not impose a probation fee under this | ||||||
25 | subsection (i) in excess of $25
per month unless the circuit | ||||||
26 | court has adopted, by administrative
order issued by the chief |
| |||||||
| |||||||
1 | judge, a standard probation fee guide
determining an offender's | ||||||
2 | ability to pay Of the
amount collected as a probation fee, up | ||||||
3 | to $5 of that fee
collected per month may be used to provide | ||||||
4 | services to crime victims
and their families. | ||||||
5 | The Court may only waive probation fees based on an | ||||||
6 | offender's ability to pay. The probation department may | ||||||
7 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
8 | with the approval of the Director of Court Services or the | ||||||
9 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
10 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
11 | offender that has been assigned to the supervision of a | ||||||
12 | probation department, or has been transferred either under | ||||||
13 | subsection (h) of this Section or under any interstate compact, | ||||||
14 | shall be required to pay probation fees to the department | ||||||
15 | supervising the offender, based on the offender's ability to | ||||||
16 | pay.
| ||||||
17 | Public Act 93-970 This amendatory Act of the 93rd General | ||||||
18 | Assembly deletes the $10 increase in the fee under this | ||||||
19 | subsection that was imposed by Public Act 93-616. This deletion | ||||||
20 | is intended to control over any other Act of the 93rd General | ||||||
21 | Assembly that retains or incorporates that fee increase. | ||||||
22 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
23 | of this Section, in the case of an offender convicted of a | ||||||
24 | felony sex offense (as defined in the Sex Offender Management | ||||||
25 | Board Act) or an offense that the court or probation department | ||||||
26 | has determined to be sexually motivated (as defined in the Sex |
| |||||||
| |||||||
1 | Offender Management Board Act), the court or the probation | ||||||
2 | department shall assess additional fees to pay for all costs of | ||||||
3 | treatment, assessment, evaluation for risk and treatment, and | ||||||
4 | monitoring the offender, based on that offender's ability to | ||||||
5 | pay those costs either as they occur or under a payment plan. | ||||||
6 | (j) All fines and costs imposed under this Section for any | ||||||
7 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
8 | Code, or a similar
provision of a local ordinance, and any | ||||||
9 | violation of the Child Passenger
Protection Act, or a similar | ||||||
10 | provision of a local ordinance, shall be
collected and | ||||||
11 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (k) Any offender who is sentenced to probation or | ||||||
14 | conditional discharge for a felony sex offense as defined in | ||||||
15 | the Sex Offender Management Board Act or any offense that the | ||||||
16 | court or probation department has determined to be sexually | ||||||
17 | motivated as defined in the Sex Offender Management Board Act | ||||||
18 | shall be required to refrain from any contact, directly or | ||||||
19 | indirectly, with any persons specified by the court and shall | ||||||
20 | be available for all evaluations and treatment programs | ||||||
21 | required by the court or the probation department.
| ||||||
22 | (l) The court may order an offender who is sentenced to | ||||||
23 | probation or conditional
discharge for a violation of an order | ||||||
24 | of protection be placed under electronic surveillance as | ||||||
25 | provided in Section 5-8A-7 of this Code. | ||||||
26 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; |
| |||||||
| |||||||
1 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)
| ||||||
2 | (730 ILCS 5/5-6-3.3) | ||||||
3 | (Text of Section before amendment by P.A. 100-3 ) | ||||||
4 | Sec. 5-6-3.3. Offender Initiative Program. | ||||||
5 | (a) Statement of purpose. The General Assembly seeks to
| ||||||
6 | continue other successful programs that promote public safety,
| ||||||
7 | conserve valuable resources, and reduce recidivism by
| ||||||
8 | defendants who can lead productive lives by creating the
| ||||||
9 | Offender Initiative Program. | ||||||
10 | (a-1) Whenever any person who has not previously been
| ||||||
11 | convicted of, or placed on probation or conditional discharge
| ||||||
12 | for, any felony offense under the laws of this State, the laws
| ||||||
13 | of any other state, or the laws of the United States, is
| ||||||
14 | arrested for and charged with a probationable felony offense of | ||||||
15 | theft, retail theft, forgery, possession of a stolen motor
| ||||||
16 | vehicle, burglary, possession of burglary tools, possession of
| ||||||
17 | cannabis, possession of a controlled substance, or possession
| ||||||
18 | of methamphetamine, the court, with the consent of the
| ||||||
19 | defendant and the State's Attorney, may continue this matter to
| ||||||
20 | allow a defendant to participate and complete the Offender
| ||||||
21 | Initiative Program. | ||||||
22 | (a-2) Exemptions. A defendant shall not be eligible for | ||||||
23 | this Program if the offense he or she has been arrested for and | ||||||
24 | charged with is a violent offense. For purposes of this
| ||||||
25 | Program, a "violent offense" is any offense where bodily harm
|
| |||||||
| |||||||
1 | was inflicted or where force was used against any person or
| ||||||
2 | threatened against any person, any offense involving sexual
| ||||||
3 | conduct, sexual penetration, or sexual exploitation, any
| ||||||
4 | offense of domestic violence, domestic battery, violation of an
| ||||||
5 | order of protection, stalking, hate crime, driving under the
| ||||||
6 | influence of drugs or alcohol, and any offense involving the
| ||||||
7 | possession of a firearm or dangerous weapon. A defendant shall
| ||||||
8 | not be eligible for this Program if he or she has previously
| ||||||
9 | been adjudicated a delinquent minor for the commission of a
| ||||||
10 | violent offense as defined in this subsection. | ||||||
11 | (b) When a defendant is placed in the Program, after both | ||||||
12 | the defendant and State's Attorney waive preliminary hearing | ||||||
13 | pursuant to Section 109-3 of the Code of Criminal Procedure of | ||||||
14 | 1963, the court
shall enter an order specifying that
the | ||||||
15 | proceedings shall be suspended while the defendant is | ||||||
16 | participating in a Program of not less 12 months. | ||||||
17 | (c) The conditions of the Program shall be that the
| ||||||
18 | defendant: | ||||||
19 | (1) not violate any criminal statute of this State or
| ||||||
20 | any other jurisdiction; | ||||||
21 | (2) refrain from possessing a firearm or other
| ||||||
22 | dangerous weapon; | ||||||
23 | (3) make full restitution to the victim or property
| ||||||
24 | owner pursuant to Section 5-5-6 of this Code; | ||||||
25 | (4) obtain employment or perform not less than 30 hours
| ||||||
26 | of community service, provided community service is
|
| |||||||
| |||||||
1 | available in the county and is funded and approved by the
| ||||||
2 | county board; and | ||||||
3 | (5) attend educational courses designed to prepare the
| ||||||
4 | defendant for obtaining a high school diploma or to work
| ||||||
5 | toward passing high school equivalency testing or to work | ||||||
6 | toward
completing a vocational training program. | ||||||
7 | (c-1) The court may give credit toward the fulfillment of | ||||||
8 | community service hours for participation in activities and | ||||||
9 | treatment as determined by court services. | ||||||
10 | (d) The court may, in addition to other conditions, require
| ||||||
11 | that the defendant: | ||||||
12 | (1) undergo medical or psychiatric treatment, or
| ||||||
13 | treatment or rehabilitation approved by the Illinois
| ||||||
14 | Department of Human Services; | ||||||
15 | (2) refrain from having in his or her body the presence
| ||||||
16 | of any illicit drug prohibited by the Methamphetamine
| ||||||
17 | Control and Community Protection Act, the Cannabis Control
| ||||||
18 | Act or the Illinois Controlled Substances Act, unless
| ||||||
19 | prescribed by a physician, and submit samples of his or her
| ||||||
20 | blood or urine or both for tests to determine the presence
| ||||||
21 | of any illicit drug; | ||||||
22 | (3) submit to periodic drug testing at a time, manner, | ||||||
23 | and frequency as ordered by the court; | ||||||
24 | (4) pay fines, fees and costs; and | ||||||
25 | (5) in addition, if a minor: | ||||||
26 | (i) reside with his or her parents or in a foster
|
| |||||||
| |||||||
1 | home; | ||||||
2 | (ii) attend school; | ||||||
3 | (iii) attend a non-residential program for youth;
| ||||||
4 | or | ||||||
5 | (iv) contribute to his or her own support at home
| ||||||
6 | or in a foster home. | ||||||
7 | (e) When the State's Attorney makes a factually specific | ||||||
8 | offer of proof that the defendant has failed to successfully | ||||||
9 | complete the Program or has violated any of the conditions of | ||||||
10 | the Program, the court shall enter an order that the defendant | ||||||
11 | has not successfully completed the Program and continue the | ||||||
12 | case for arraignment pursuant to Section 113-1 of the Code of | ||||||
13 | Criminal Procedure of 1963 for further proceedings as if the | ||||||
14 | defendant had not participated in the Program. | ||||||
15 | (f) Upon fulfillment of the terms and conditions of the
| ||||||
16 | Program, the State's Attorney shall dismiss the case or the | ||||||
17 | court shall discharge the person and dismiss the
proceedings | ||||||
18 | against the person. | ||||||
19 | (g) There may be only one discharge and dismissal under
| ||||||
20 | this Section with respect to any person.
| ||||||
21 | (h) Notwithstanding subsection (a-1), if the court finds | ||||||
22 | that the defendant suffers from a substance abuse problem, then | ||||||
23 | before the person participates in the Program under this | ||||||
24 | Section, the court may refer the person to the drug court | ||||||
25 | established in that judicial circuit pursuant to Section 15 of | ||||||
26 | the Drug Court Treatment Act. The drug court team shall |
| |||||||
| |||||||
1 | evaluate the person's likelihood of successfully fulfilling | ||||||
2 | the terms and conditions of the Program under this Section and | ||||||
3 | shall report the results of its evaluation to the court. If the | ||||||
4 | drug court team finds that the person suffers from a substance | ||||||
5 | abuse problem that makes him or her substantially unlikely to | ||||||
6 | successfully fulfill the terms and conditions of the Program, | ||||||
7 | then the drug court shall set forth its findings in the form of | ||||||
8 | a written order, and the person shall be ineligible to | ||||||
9 | participate in the Program under this Section, but may be | ||||||
10 | considered for the drug court program. | ||||||
11 | (Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
| ||||||
12 | (Text of Section after amendment by P.A. 100-3 ) | ||||||
13 | Sec. 5-6-3.3. Offender Initiative Program. | ||||||
14 | (a) Statement of purpose. The General Assembly seeks to
| ||||||
15 | continue other successful programs that promote public safety,
| ||||||
16 | conserve valuable resources, and reduce recidivism by
| ||||||
17 | defendants who can lead productive lives by creating the
| ||||||
18 | Offender Initiative Program. | ||||||
19 | (a-1) Whenever any person who has not previously been
| ||||||
20 | convicted of any felony offense under the laws of this State, | ||||||
21 | the laws
of any other state, or the laws of the United States, | ||||||
22 | is
arrested for and charged with a probationable felony offense | ||||||
23 | of theft, retail theft, forgery, possession of a stolen motor
| ||||||
24 | vehicle, burglary, possession of burglary tools, deceptive | ||||||
25 | practices, disorderly conduct, criminal damage or trespass to |
| |||||||
| |||||||
1 | property under Article 21 of the Criminal Code of 2012, | ||||||
2 | criminal trespass to a residence, obstructing justice, or an | ||||||
3 | offense involving fraudulent identification, or possession of
| ||||||
4 | cannabis, possession of a controlled substance, or possession
| ||||||
5 | of methamphetamine, the court, with the consent of the
| ||||||
6 | defendant and the State's Attorney, may continue this matter to
| ||||||
7 | allow a defendant to participate and complete the Offender
| ||||||
8 | Initiative Program. | ||||||
9 | (a-2) Exemptions. A defendant shall not be eligible for | ||||||
10 | this Program if the offense he or she has been arrested for and | ||||||
11 | charged with is a violent offense. For purposes of this
| ||||||
12 | Program, a "violent offense" is any offense where bodily harm
| ||||||
13 | was inflicted or where force was used against any person or
| ||||||
14 | threatened against any person, any offense involving sexual
| ||||||
15 | conduct, sexual penetration, or sexual exploitation, any
| ||||||
16 | offense of domestic violence, domestic battery, violation of an
| ||||||
17 | order of protection, stalking, hate crime, and any offense | ||||||
18 | involving the
possession of a firearm or dangerous weapon. A | ||||||
19 | defendant shall
not be eligible for this Program if he or she | ||||||
20 | has previously
been adjudicated a delinquent minor for the | ||||||
21 | commission of a
violent offense as defined in this subsection. | ||||||
22 | (b) When a defendant is placed in the Program, after both | ||||||
23 | the defendant and State's Attorney waive preliminary hearing | ||||||
24 | pursuant to Section 109-3 of the Code of Criminal Procedure of | ||||||
25 | 1963, the court
shall enter an order specifying that
the | ||||||
26 | proceedings shall be suspended while the defendant is |
| |||||||
| |||||||
1 | participating in a Program of not less 12 months. | ||||||
2 | (c) The conditions of the Program shall be that the
| ||||||
3 | defendant: | ||||||
4 | (1) not violate any criminal statute of this State or
| ||||||
5 | any other jurisdiction; | ||||||
6 | (2) refrain from possessing a firearm or other
| ||||||
7 | dangerous weapon; | ||||||
8 | (3) make full restitution to the victim or property
| ||||||
9 | owner pursuant to Section 5-5-6 of this Code; | ||||||
10 | (4) obtain employment or perform not less than 30 hours
| ||||||
11 | of community service, provided community service is
| ||||||
12 | available in the county and is funded and approved by the
| ||||||
13 | county board; and | ||||||
14 | (5) attend educational courses designed to prepare the
| ||||||
15 | defendant for obtaining a high school diploma or to work
| ||||||
16 | toward passing high school equivalency testing or to work | ||||||
17 | toward
completing a vocational training program. | ||||||
18 | (c-1) The court may give credit toward the fulfillment of | ||||||
19 | community service hours for participation in activities and | ||||||
20 | treatment as determined by court services. | ||||||
21 | (d) The court may, in addition to other conditions, require
| ||||||
22 | that the defendant: | ||||||
23 | (1) undergo medical or psychiatric treatment, or
| ||||||
24 | treatment or rehabilitation approved by the Illinois
| ||||||
25 | Department of Human Services; | ||||||
26 | (2) refrain from having in his or her body the presence
|
| |||||||
| |||||||
1 | of any illicit drug prohibited by the Methamphetamine
| ||||||
2 | Control and Community Protection Act, the Cannabis Control
| ||||||
3 | Act or the Illinois Controlled Substances Act, unless
| ||||||
4 | prescribed by a physician, and submit samples of his or her
| ||||||
5 | blood or urine or both for tests to determine the presence
| ||||||
6 | of any illicit drug; | ||||||
7 | (3) submit to periodic drug testing at a time, manner, | ||||||
8 | and frequency as ordered by the court; | ||||||
9 | (4) pay fines, fees and costs; and | ||||||
10 | (5) in addition, if a minor: | ||||||
11 | (i) reside with his or her parents or in a foster
| ||||||
12 | home; | ||||||
13 | (ii) attend school; | ||||||
14 | (iii) attend a non-residential program for youth;
| ||||||
15 | or | ||||||
16 | (iv) contribute to his or her own support at home
| ||||||
17 | or in a foster home. | ||||||
18 | (e) When the State's Attorney makes a factually specific | ||||||
19 | offer of proof that the defendant has failed to successfully | ||||||
20 | complete the Program or has violated any of the conditions of | ||||||
21 | the Program, the court shall enter an order that the defendant | ||||||
22 | has not successfully completed the Program and continue the | ||||||
23 | case for arraignment pursuant to Section 113-1 of the Code of | ||||||
24 | Criminal Procedure of 1963 for further proceedings as if the | ||||||
25 | defendant had not participated in the Program. | ||||||
26 | (f) Upon fulfillment of the terms and conditions of the
|
| |||||||
| |||||||
1 | Program, the State's Attorney shall dismiss the case or the | ||||||
2 | court shall discharge the person and dismiss the
proceedings | ||||||
3 | against the person. | ||||||
4 | (g) A person may only have one discharge and dismissal | ||||||
5 | under
this Section within a 4-year period.
| ||||||
6 | (h) Notwithstanding subsection (a-1), if the court finds | ||||||
7 | that the defendant suffers from a substance abuse problem, then | ||||||
8 | before the person participates in the Program under this | ||||||
9 | Section, the court may refer the person to the drug court | ||||||
10 | established in that judicial circuit pursuant to Section 15 of | ||||||
11 | the Drug Court Treatment Act. The drug court team shall | ||||||
12 | evaluate the person's likelihood of successfully fulfilling | ||||||
13 | the terms and conditions of the Program under this Section and | ||||||
14 | shall report the results of its evaluation to the court. If the | ||||||
15 | drug court team finds that the person suffers from a substance | ||||||
16 | abuse problem that makes him or her substantially unlikely to | ||||||
17 | successfully fulfill the terms and conditions of the Program, | ||||||
18 | then the drug court shall set forth its findings in the form of | ||||||
19 | a written order, and the person shall be ineligible to | ||||||
20 | participate in the Program under this Section, but shall be | ||||||
21 | considered for the drug court program. | ||||||
22 | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
| ||||||
23 | (730 ILCS 5/5-6-3.4) | ||||||
24 | (Text of Section before amendment by P.A. 100-3 ) | ||||||
25 | Sec. 5-6-3.4. Second Chance Probation. |
| |||||||
| |||||||
1 | (a) Whenever any person who has not previously been | ||||||
2 | convicted of, or placed on probation or conditional discharge | ||||||
3 | for, any felony offense under the laws of this State, the laws | ||||||
4 | of any other state, or the laws of the United States, including | ||||||
5 | probation under Section 410 of the Illinois Controlled | ||||||
6 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
7 | Community Protection Act, Section 10 of the Cannabis Control | ||||||
8 | Act, subsection (c) of Section 11-14 of the Criminal Code of | ||||||
9 | 2012, Treatment Alternatives for Criminal Justice Clients | ||||||
10 | (TASC) under Article 40 of the Alcoholism and Other Drug Abuse | ||||||
11 | and Dependency Act, or prior successful completion of the | ||||||
12 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
13 | and pleads guilty to, or is found guilty of, a probationable | ||||||
14 | felony offense of possession of a controlled substance that is | ||||||
15 | punishable as a Class 4 felony; possession of
methamphetamine | ||||||
16 | that is punishable as a Class 4 felony; theft that is | ||||||
17 | punishable as a Class 3 felony based on the value of the | ||||||
18 | property or punishable as a Class 4 felony if the theft was | ||||||
19 | committed in a school or place of worship or if the theft was | ||||||
20 | of governmental property; retail
theft that is punishable as a | ||||||
21 | Class 3 felony based on the value of the property; criminal | ||||||
22 | damage to property that is punishable as a Class 4 felony; | ||||||
23 | criminal damage to
government supported property that is | ||||||
24 | punishable as a Class 4 felony; or possession of cannabis which | ||||||
25 | is punishable as a Class 4 felony, the court, with the consent | ||||||
26 | of the defendant and the State's Attorney, may, without |
| |||||||
| |||||||
1 | entering a judgment, sentence the defendant to probation under | ||||||
2 | this Section. | ||||||
3 | (a-1) Exemptions. A defendant is not eligible for this | ||||||
4 | probation if the offense he or she pleads guilty to, or is | ||||||
5 | found guilty of, is a violent offense, or he or she has | ||||||
6 | previously been convicted of a violent offense. For purposes of | ||||||
7 | this probation, a "violent offense" is any offense where bodily | ||||||
8 | harm was inflicted or where force was used against any person | ||||||
9 | or threatened against any person, any offense involving sexual | ||||||
10 | conduct, sexual penetration, or sexual exploitation, any | ||||||
11 | offense of domestic violence, domestic battery, violation of an | ||||||
12 | order of protection, stalking, hate crime, driving under the | ||||||
13 | influence of drugs or alcohol, and any offense involving the | ||||||
14 | possession of a firearm or dangerous weapon. A defendant shall | ||||||
15 | not be eligible for this probation if he or she has previously | ||||||
16 | been adjudicated a delinquent minor for the commission of a | ||||||
17 | violent offense as defined in this subsection. | ||||||
18 | (b) When a defendant is placed on probation, the court | ||||||
19 | shall enter an order specifying a period of probation of not | ||||||
20 | less than 24 months and shall defer further proceedings in the | ||||||
21 | case until the conclusion of the period or until the filing of | ||||||
22 | a petition alleging violation of a term or condition of | ||||||
23 | probation. | ||||||
24 | (c) The conditions of probation shall be that the | ||||||
25 | defendant: | ||||||
26 | (1) not violate any criminal statute of this State or |
| |||||||
| |||||||
1 | any other jurisdiction; | ||||||
2 | (2) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon; | ||||||
4 | (3) make full restitution to the victim or property | ||||||
5 | owner under Section 5-5-6 of this Code; | ||||||
6 | (4) obtain or attempt to obtain employment; | ||||||
7 | (5) pay fines and costs; | ||||||
8 | (6) attend educational courses designed to prepare the | ||||||
9 | defendant for obtaining a high school diploma or to work | ||||||
10 | toward passing high school equivalency testing or to work | ||||||
11 | toward completing a vocational training program; | ||||||
12 | (7) submit to periodic drug testing at a time and in a | ||||||
13 | manner as ordered by the court, but no less than 3 times | ||||||
14 | during the period of probation, with the cost of the | ||||||
15 | testing to be paid by the defendant; and | ||||||
16 | (8) perform a minimum of 30 hours of community service. | ||||||
17 | The court may give credit toward the fulfillment of | ||||||
18 | community service hours for participation in activities | ||||||
19 | and treatment as determined by court services. | ||||||
20 | (d) The court may, in addition to other conditions, require | ||||||
21 | that the defendant: | ||||||
22 | (1) make a report to and appear in person before or | ||||||
23 | participate with the court or such courts, person, or | ||||||
24 | social service agency as directed by the court in the order | ||||||
25 | of probation; | ||||||
26 | (2) undergo medical or psychiatric treatment, or |
| |||||||
| |||||||
1 | treatment or rehabilitation approved by the Illinois | ||||||
2 | Department of Human Services; | ||||||
3 | (3) attend or reside in a facility established for the | ||||||
4 | instruction or residence of defendants on probation; | ||||||
5 | (4) support his or her dependents; or | ||||||
6 | (5) refrain from having in his or her body the presence | ||||||
7 | of any illicit drug prohibited by the Methamphetamine | ||||||
8 | Control and Community Protection Act, the Cannabis Control | ||||||
9 | Act, or the Illinois Controlled Substances Act, unless | ||||||
10 | prescribed by a physician, and submit samples of his or her | ||||||
11 | blood or urine or both for tests to determine the presence | ||||||
12 | of any illicit drug. | ||||||
13 | (e) Upon violation of a term or condition of probation, the | ||||||
14 | court may enter a judgment on its original finding of guilt and | ||||||
15 | proceed as otherwise provided by law. | ||||||
16 | (f) Upon fulfillment of the terms and conditions of | ||||||
17 | probation, the court shall discharge the person and dismiss the | ||||||
18 | proceedings against the person. | ||||||
19 | (g) A disposition of probation is considered to be a | ||||||
20 | conviction for the purposes of imposing the conditions of | ||||||
21 | probation and for appeal; however, a discharge and dismissal | ||||||
22 | under this Section is not a conviction for purposes of this | ||||||
23 | Code or for purposes of disqualifications or disabilities | ||||||
24 | imposed by law upon conviction of a crime. | ||||||
25 | (h) There may be only one discharge and dismissal under | ||||||
26 | this Section, Section 410 of the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
2 | Protection Act, Section 10 of the Cannabis Control Act, | ||||||
3 | Treatment Alternatives for Criminal Justice Clients (TASC) | ||||||
4 | under Article 40 of the Alcoholism and Other Drug Abuse and | ||||||
5 | Dependency Act, the Offender Initiative Program under Section | ||||||
6 | 5-6-3.3 of this Code, and subsection (c) of Section 11-14 of | ||||||
7 | the Criminal Code of 2012 with respect to any person. | ||||||
8 | (i) If a person is convicted of any offense which occurred | ||||||
9 | within 5 years subsequent to a discharge and dismissal under | ||||||
10 | this Section, the discharge and dismissal under this Section | ||||||
11 | shall be admissible in the sentencing proceeding for that | ||||||
12 | conviction as evidence in aggravation.
| ||||||
13 | (j) Notwithstanding subsection (a), if the court finds that | ||||||
14 | the defendant suffers from a substance abuse problem, then | ||||||
15 | before the person is placed on probation under this Section, | ||||||
16 | the court may refer the person to the drug court established in | ||||||
17 | that judicial circuit pursuant to Section 15 of the Drug Court | ||||||
18 | Treatment Act. The drug court team shall evaluate the person's | ||||||
19 | likelihood of successfully fulfilling the terms and conditions | ||||||
20 | of probation under this Section and shall report the results of | ||||||
21 | its evaluation to the court. If the drug court team finds that | ||||||
22 | the person suffers from a substance abuse problem that makes | ||||||
23 | him or her substantially unlikely to successfully fulfill the | ||||||
24 | terms and conditions of probation under this Section, then the | ||||||
25 | drug court shall set forth its findings in the form of a | ||||||
26 | written order, and the person shall be ineligible to be placed |
| |||||||
| |||||||
1 | on probation under this Section, but may be considered for the | ||||||
2 | drug court program. | ||||||
3 | (Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, | ||||||
4 | eff. 9-9-15.)
| ||||||
5 | (Text of Section after amendment by P.A. 100-3 ) | ||||||
6 | Sec. 5-6-3.4. Second Chance Probation. | ||||||
7 | (a) Whenever any person who has not previously been | ||||||
8 | convicted of any felony offense under the laws of this State, | ||||||
9 | the laws of any other state, or the laws of the United States, | ||||||
10 | and pleads guilty to, or is found guilty of, possession of less | ||||||
11 | than 15 grams of a controlled substance; possession of
less | ||||||
12 | than 15 grams of methamphetamine; or a probationable felony | ||||||
13 | offense of possession of cannabis, theft, retail theft, | ||||||
14 | forgery, deceptive practices, possession of a stolen motor | ||||||
15 | vehicle, burglary, possession of burglary tools, disorderly | ||||||
16 | conduct, criminal damage or trespass to property under Article | ||||||
17 | 21 of the Criminal Code of 2012, criminal trespass to a | ||||||
18 | residence, an offense involving fraudulent identification, or | ||||||
19 | obstructing justice; or possession of cannabis, the court, with | ||||||
20 | the consent of the defendant and the State's Attorney, may, | ||||||
21 | without entering a judgment, sentence the defendant to | ||||||
22 | probation under this Section. | ||||||
23 | (a-1) Exemptions. A defendant is not eligible for this | ||||||
24 | probation if the offense he or she pleads guilty to, or is | ||||||
25 | found guilty of, is a violent offense, or he or she has |
| |||||||
| |||||||
1 | previously been convicted of a violent offense. For purposes of | ||||||
2 | this probation, a "violent offense" is any offense where bodily | ||||||
3 | harm was inflicted or where force was used against any person | ||||||
4 | or threatened against any person, any offense involving sexual | ||||||
5 | conduct, sexual penetration, or sexual exploitation, any | ||||||
6 | offense of domestic violence, domestic battery, violation of an | ||||||
7 | order of protection, stalking, hate crime, and any offense | ||||||
8 | involving the possession of a firearm or dangerous weapon. A | ||||||
9 | defendant shall not be eligible for this probation if he or she | ||||||
10 | has previously been adjudicated a delinquent minor for the | ||||||
11 | commission of a violent offense as defined in this subsection. | ||||||
12 | (b) When a defendant is placed on probation, the court | ||||||
13 | shall enter an order specifying a period of probation of not | ||||||
14 | less than 24 months and shall defer further proceedings in the | ||||||
15 | case until the conclusion of the period or until the filing of | ||||||
16 | a petition alleging violation of a term or condition of | ||||||
17 | probation. | ||||||
18 | (c) The conditions of probation shall be that the | ||||||
19 | defendant: | ||||||
20 | (1) not violate any criminal statute of this State or | ||||||
21 | any other jurisdiction; | ||||||
22 | (2) refrain from possessing a firearm or other | ||||||
23 | dangerous weapon; | ||||||
24 | (3) make full restitution to the victim or property | ||||||
25 | owner under Section 5-5-6 of this Code; | ||||||
26 | (4) obtain or attempt to obtain employment; |
| |||||||
| |||||||
1 | (5) pay fines and costs; | ||||||
2 | (6) attend educational courses designed to prepare the | ||||||
3 | defendant for obtaining a high school diploma or to work | ||||||
4 | toward passing high school equivalency testing or to work | ||||||
5 | toward completing a vocational training program; | ||||||
6 | (7) submit to periodic drug testing at a time and in a | ||||||
7 | manner as ordered by the court, but no less than 3 times | ||||||
8 | during the period of probation, with the cost of the | ||||||
9 | testing to be paid by the defendant; and | ||||||
10 | (8) perform a minimum of 30 hours of community service. | ||||||
11 | The court may give credit toward the fulfillment of | ||||||
12 | community service hours for participation in activities | ||||||
13 | and treatment as determined by court services. | ||||||
14 | (d) The court may, in addition to other conditions, require | ||||||
15 | that the defendant: | ||||||
16 | (1) make a report to and appear in person before or | ||||||
17 | participate with the court or such courts, person, or | ||||||
18 | social service agency as directed by the court in the order | ||||||
19 | of probation; | ||||||
20 | (2) undergo medical or psychiatric treatment, or | ||||||
21 | treatment or rehabilitation approved by the Illinois | ||||||
22 | Department of Human Services; | ||||||
23 | (3) attend or reside in a facility established for the | ||||||
24 | instruction or residence of defendants on probation; | ||||||
25 | (4) support his or her dependents; or | ||||||
26 | (5) refrain from having in his or her body the presence |
| |||||||
| |||||||
1 | of any illicit drug prohibited by the Methamphetamine | ||||||
2 | Control and Community Protection Act, the Cannabis Control | ||||||
3 | Act, or the Illinois Controlled Substances Act, unless | ||||||
4 | prescribed by a physician, and submit samples of his or her | ||||||
5 | blood or urine or both for tests to determine the presence | ||||||
6 | of any illicit drug. | ||||||
7 | (e) Upon violation of a term or condition of probation, the | ||||||
8 | court may enter a judgment on its original finding of guilt and | ||||||
9 | proceed as otherwise provided by law. | ||||||
10 | (f) Upon fulfillment of the terms and conditions of | ||||||
11 | probation, the court shall discharge the person and dismiss the | ||||||
12 | proceedings against the person. | ||||||
13 | (g) A disposition of probation is considered to be a | ||||||
14 | conviction for the purposes of imposing the conditions of | ||||||
15 | probation and for appeal; however, a discharge and dismissal | ||||||
16 | under this Section is not a conviction for purposes of this | ||||||
17 | Code or for purposes of disqualifications or disabilities | ||||||
18 | imposed by law upon conviction of a crime. | ||||||
19 | (h) A person may only have one discharge and dismissal | ||||||
20 | under this Section within a 4-year period. | ||||||
21 | (i) If a person is convicted of any offense which occurred | ||||||
22 | within 5 years subsequent to a discharge and dismissal under | ||||||
23 | this Section, the discharge and dismissal under this Section | ||||||
24 | shall be admissible in the sentencing proceeding for that | ||||||
25 | conviction as evidence in aggravation.
| ||||||
26 | (j) Notwithstanding subsection (a), if the court finds that |
| |||||||
| |||||||
1 | the defendant suffers from a substance abuse problem, then | ||||||
2 | before the person is placed on probation under this Section, | ||||||
3 | the court may refer the person to the drug court established in | ||||||
4 | that judicial circuit pursuant to Section 15 of the Drug Court | ||||||
5 | Treatment Act. The drug court team shall evaluate the person's | ||||||
6 | likelihood of successfully fulfilling the terms and conditions | ||||||
7 | of probation under this Section and shall report the results of | ||||||
8 | its evaluation to the court. If the drug court team finds that | ||||||
9 | the person suffers from a substance abuse problem that makes | ||||||
10 | him or her substantially unlikely to successfully fulfill the | ||||||
11 | terms and conditions of probation under this Section, then the | ||||||
12 | drug court shall set forth its findings in the form of a | ||||||
13 | written order, and the person shall be ineligible to be placed | ||||||
14 | on probation under this Section, but shall be considered for | ||||||
15 | the drug court program. | ||||||
16 | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
| ||||||
17 | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| ||||||
18 | Sec. 5-8A-3. Application.
| ||||||
19 | (a) Except as provided in subsection (d), a person charged | ||||||
20 | with
or convicted of an
excluded offense may not be placed in | ||||||
21 | an electronic monitoring or home
detention program, except for | ||||||
22 | bond pending trial or appeal or while on parole, aftercare | ||||||
23 | release,
or mandatory supervised release.
| ||||||
24 | (b) A person serving a sentence for a conviction of a Class | ||||||
25 | 1 felony,
other than an excluded offense, may be placed in an |
| |||||||
| |||||||
1 | electronic monitoring or home detention
program for a period | ||||||
2 | not to exceed the last 90 days of incarceration.
| ||||||
3 | (c) A person serving a sentence for a conviction
of a Class | ||||||
4 | X felony, other than an excluded offense, may be placed
in an | ||||||
5 | electronic monitoring or home detention program for a period | ||||||
6 | not to exceed the last 90
days of incarceration, provided that | ||||||
7 | the person was sentenced on or after August 11, 1993 (the
| ||||||
8 | effective date of Public Act 88-311) and provided that the | ||||||
9 | court has
not prohibited the program for the person in the | ||||||
10 | sentencing order.
| ||||||
11 | (d) A person serving a sentence for conviction of an | ||||||
12 | offense other than
for predatory criminal sexual assault of a | ||||||
13 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
14 | assault, aggravated
criminal sexual abuse, or felony criminal | ||||||
15 | sexual abuse, may be placed in an
electronic monitoring or home | ||||||
16 | detention program for a period not to exceed the last 12 months
| ||||||
17 | of incarceration, provided that (i) the person is 55 years of | ||||||
18 | age or older;
(ii) the person is serving a determinate | ||||||
19 | sentence; (iii) the person has served
at least 25% of the | ||||||
20 | sentenced prison term; and (iv) placement in an electronic
| ||||||
21 | monitoring or home detention program is approved by the | ||||||
22 | Prisoner Review Board or the Department of Juvenile Justice.
| ||||||
23 | (e) A person serving a sentence for conviction
of a Class | ||||||
24 | 2, 3, or 4 felony offense which is not an excluded offense may | ||||||
25 | be
placed in an
electronic monitoring or home detention program | ||||||
26 | pursuant to Department administrative
directives. These |
| |||||||
| |||||||
1 | directives shall encourage inmates to apply for electronic | ||||||
2 | detention to incentivize positive behavior and program | ||||||
3 | participation prior to and following their return to the | ||||||
4 | community, consistent with Section 5-8A-4.2 of this Code. These | ||||||
5 | directives shall not prohibit application solely for prior | ||||||
6 | mandatory supervised release violation history, outstanding | ||||||
7 | municipal warrants, current security classification, and prior | ||||||
8 | criminal history, though these factors may be considered when | ||||||
9 | reviewing individual applications in conjunction with | ||||||
10 | additional factors, such as the applicant's institution | ||||||
11 | behavior, program participation, and reentry plan.
| ||||||
12 | (f) Applications for electronic monitoring or home | ||||||
13 | detention
may include the following:
| ||||||
14 | |||||||
15 | (1) pretrial or pre-adjudicatory detention;
| ||||||
16 | (2) probation;
| ||||||
17 | (3) conditional discharge;
| ||||||
18 | (4) periodic imprisonment;
| ||||||
19 | (5) parole, aftercare release, or mandatory supervised | ||||||
20 | release;
| ||||||
21 | (6) work release;
| ||||||
22 | (7) furlough; or
| ||||||
23 | (8) post-trial incarceration.
| ||||||
24 | (g) A person convicted of an offense described in clause | ||||||
25 | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | ||||||
26 | shall be placed in an electronic monitoring or
home detention |
| |||||||
| |||||||
1 | program for at least the first 2 years of the person's | ||||||
2 | mandatory
supervised release term.
| ||||||
3 | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; | ||||||
4 | 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
| ||||||
5 | (730 ILCS 5/5-8A-4.2 new) | ||||||
6 | Sec. 5-8A-4.2. Successful transition to the community. | ||||||
7 | (a) The Department shall engage in reentry planning to | ||||||
8 | include individualized case planning for persons preparing to | ||||||
9 | be released to the community. This planning shall begin at | ||||||
10 | intake and be supported throughout the term of incarceration, | ||||||
11 | with a focused emphasis in the year prior to the inmate's | ||||||
12 | mandatory statutory release date. All inmates within one year | ||||||
13 | of their mandatory statutory release data shall be deemed to be | ||||||
14 | in reentry status. The Department shall develop administrative | ||||||
15 | directives to define reentry status based on the requirements | ||||||
16 | of this Section. | ||||||
17 | (b) The Department shall develop incentives to increase | ||||||
18 | program and
treatment participation,
positive behavior, and | ||||||
19 | readiness to change. | ||||||
20 | (c) The Department shall coordinate with, and provide | ||||||
21 | access at the point of release for, community partners and | ||||||
22 | State and local government agencies to support successful | ||||||
23 | transitions through assistance in planning and by providing | ||||||
24 | appropriate programs to inmates in reentry status. The | ||||||
25 | Department shall work with community partners and appropriate |
| |||||||
| |||||||
1 | state agencies to
support the successful transitions through | ||||||
2 | assistance in
planning and by providing appropriate
programs to | ||||||
3 | persons prior to release. Release planning shall include, but | ||||||
4 | is not limited to: | ||||||
5 | (1) necessary documentation to include birth | ||||||
6 | certificate, social security card, and
identification | ||||||
7 | card; | ||||||
8 | (2) vocational or educational short-term and long-term | ||||||
9 | goals; | ||||||
10 | (3) financial literacy and planning to include | ||||||
11 | payments of fines, fees, restitution, child
support, and | ||||||
12 | other debt; | ||||||
13 | (4) access to healthcare, mental healthcare, and | ||||||
14 | chemical dependency
treatment; | ||||||
15 | (5) living and transportation arrangements; | ||||||
16 | (6) family reunification, if appropriate, and | ||||||
17 | pro-social support networks; and | ||||||
18 | (7) information about community-based employment | ||||||
19 | services and employment service programs available for | ||||||
20 | persons with prior arrest or criminal convictions. | ||||||
21 | (d) The Illinois Housing Development Authority shall | ||||||
22 | create a Frequent Users Systems Engagement (FUSE) Re-Entry | ||||||
23 | rental subsidy supportive housing program for the most | ||||||
24 | vulnerable persons exiting the Department of Corrections. The | ||||||
25 | Re-Entry rental subsidy supportive housing program shall be | ||||||
26 | targeted to persons with disabilities who have a history of |
| |||||||
| |||||||
1 | incarcerations, hospitalizations, and homelessness. The | ||||||
2 | Illinois Housing Development Authority, the Department of | ||||||
3 | Human Services Statewide Housing Coordinator, stakeholders, | ||||||
4 | and the Department of Corrections shall adopt policies and | ||||||
5 | procedures for the FUSE Re-Entry rental subsidy supportive | ||||||
6 | housing program including eligibility criteria, geographic | ||||||
7 | distribution, and documentation requirements which are similar | ||||||
8 | to the Rental Housing Support Program. The funding formula for | ||||||
9 | this program shall be developed by calculating the number of | ||||||
10 | prison bed days saved through the timely releases that would | ||||||
11 | not be possible but for the Re-Entry rental subsidy supportive | ||||||
12 | housing program. Funding shall include administrative costs | ||||||
13 | for the Illinois Housing Development Authority to operate the | ||||||
14 | program. | ||||||
15 | (e) The Department shall report to the General Assembly on | ||||||
16 | or before January 1, 2019, and annually thereafter, on
these | ||||||
17 | activities to support successful transitions to the community. | ||||||
18 | This report shall include the
following information regarding | ||||||
19 | persons released from the Department: | ||||||
20 | (1) the total number of persons released each year | ||||||
21 | listed by county; | ||||||
22 | (2) the number of persons assessed as having a high or | ||||||
23 | moderate criminogenic need who have completed programming | ||||||
24 | addressing that criminogenic need prior to
release listed | ||||||
25 | by program and county; | ||||||
26 | (3) the number of persons released in the reporting |
| |||||||
| |||||||
1 | year who have engaged in pre-release planning prior to | ||||||
2 | their release listed by county; | ||||||
3 | (4) the number of persons who have been released to | ||||||
4 | electronic detention prior to their mandatory
supervised | ||||||
5 | release date; | ||||||
6 | (5) the number of persons who have been released after | ||||||
7 | their mandatory supervised release date, average
time past | ||||||
8 | mandatory supervised release date, and reasons held past | ||||||
9 | mandatory supervised release
date; and | ||||||
10 | (6) when implemented, the number of Frequent Users | ||||||
11 | Systems Engagement (FUSE) Re-Entry rental subsidy | ||||||
12 | supportive housing program participants and average
prison | ||||||
13 | bed days saved.
| ||||||
14 | Section 35. The Crime Victims Compensation Act is amended | ||||||
15 | by changing Section 6.1 as follows:
| ||||||
16 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||||||
17 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
18 | compensation
under this Act if:
| ||||||
19 | (a) Within 2 years of the occurrence of the crime, or | ||||||
20 | within one year after a criminal charge of a person for an | ||||||
21 | offense, upon
which the claim
is based, he files an | ||||||
22 | application, under oath, with the Court of Claims and
on a | ||||||
23 | form prescribed in accordance with Section 7.1 furnished by | ||||||
24 | the
Attorney General. If the person entitled to |
| |||||||
| |||||||
1 | compensation is under 18 years
of age or under other legal | ||||||
2 | disability at the time of the occurrence or
is determined | ||||||
3 | by a court to be under a legal disability as a result of | ||||||
4 | the occurrence, he may file the
application required by | ||||||
5 | this subsection within 2 years after
he attains
the age of | ||||||
6 | 18 years or the disability is removed, as the case may be. | ||||||
7 | Legal disability includes a diagnosis of posttraumatic | ||||||
8 | stress disorder.
| ||||||
9 | (b) For all crimes of violence, except those listed in | ||||||
10 | subsection (b-1) of this Section, the appropriate law | ||||||
11 | enforcement officials were notified within
72 hours of the | ||||||
12 | perpetration of the crime allegedly causing the death or
| ||||||
13 | injury to the victim or, in the event such notification was | ||||||
14 | made more
than 72 hours after the perpetration of the | ||||||
15 | crime, the applicant
establishes that such notice was | ||||||
16 | timely under the circumstances.
| ||||||
17 | (b-1) For victims of offenses defined in Sections | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
19 | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, the appropriate law enforcement | ||||||
21 | officials were notified within 7 days of the perpetration | ||||||
22 | of the crime allegedly causing death or injury to the | ||||||
23 | victim or, in the event that the notification was made more | ||||||
24 | than 7 days after the perpetration of the crime, the | ||||||
25 | applicant establishes that the notice was timely under the | ||||||
26 | circumstances.
If the applicant or victim has obtained an |
| |||||||
| |||||||
1 | order of protection, a civil no contact order, or a | ||||||
2 | stalking no contact order, or has presented himself or | ||||||
3 | herself to a hospital for sexual assault evidence | ||||||
4 | collection and medical care, such action shall constitute | ||||||
5 | appropriate notification under this subsection (b-1) or | ||||||
6 | subsection (b) of this Section.
| ||||||
7 | (c) The applicant has cooperated with law enforcement
| ||||||
8 | officials in the apprehension and prosecution of the | ||||||
9 | assailant. If the applicant or victim has obtained an order | ||||||
10 | of protection, a civil no contact order, or a stalking no | ||||||
11 | contact order or has presented himself or herself to a | ||||||
12 | hospital for sexual assault evidence collection and | ||||||
13 | medical care, such action shall constitute cooperation | ||||||
14 | under this subsection (c). If the victim is under 18 years | ||||||
15 | of age at the time of the commission of the offense, the | ||||||
16 | following shall constitute cooperation under this | ||||||
17 | subsection (c):
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18 | (1) the applicant or the victim files a police report | ||||||
19 | with a law enforcement agency; | ||||||
20 | (2) a mandated reporter reports the crime to law | ||||||
21 | enforcement; or | ||||||
22 | (3) a person with firsthand knowledge of the crime | ||||||
23 | reports the crime to law enforcement. | ||||||
24 | (d) The applicant is not the offender or an accomplice | ||||||
25 | of the offender
and the award would not unjustly benefit | ||||||
26 | the offender or his accomplice.
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1 | (e) The injury to or death of the victim was not | ||||||
2 | substantially attributable
to his own wrongful act and was | ||||||
3 | not substantially provoked by the victim.
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4 | (f) For victims of offenses defined in Section 10-9 of | ||||||
5 | the Criminal Code of 2012, the victim submits a statement | ||||||
6 | under oath on a form prescribed by the Attorney General | ||||||
7 | attesting that the removed tattoo was applied in connection | ||||||
8 | with the commission of the offense. | ||||||
9 | (Source: P.A. 98-435, eff. 1-1-14; 99-143, eff. 7-27-15.)
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10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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