Bill Text: IL SB1722 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Safe Neighborhoods Reform Act. Contains only a short title provision.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2017-05-24 - House Committee Amendment No. 1 Referred to Rules Committee [SB1722 Detail]

Download: Illinois-2017-SB1722-Engrossed.html



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1 AN ACT concerning safe neighborhoods.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as the Safe
5Neighborhoods Reform Act.
6 Section 5. The Criminal Identification Act is amended by
7changing Section 2.1 as follows:
8 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
9 Sec. 2.1. For the purpose of maintaining complete and
10accurate criminal records of the Department of State Police, it
11is necessary for all policing bodies of this State, the clerk
12of the circuit court, the Illinois Department of Corrections,
13the sheriff of each county, and State's Attorney of each county
14to submit certain criminal arrest, charge, and disposition
15information to the Department for filing at the earliest time
16possible. Unless otherwise noted herein, it shall be the duty
17of all policing bodies of this State, the clerk of the circuit
18court, the Illinois Department of Corrections, the sheriff of
19each county, and the State's Attorney of each county to report
20such information as provided in this Section, both in the form
21and manner required by the Department and within 30 days of the
22criminal history event. Specifically:

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1 (a) Arrest Information. All agencies making arrests for
2offenses which are required by statute to be collected,
3maintained or disseminated by the Department of State Police
4shall be responsible for furnishing daily to the Department
5fingerprints, charges and descriptions of all persons who are
6arrested for such offenses. All such agencies shall also notify
7the Department of all decisions by the arresting agency not to
8refer such arrests for prosecution. With approval of the
9Department, an agency making such arrests may enter into
10arrangements with other agencies for the purpose of furnishing
11daily such fingerprints, charges and descriptions to the
12Department upon its behalf.
13 (b) Charge Information. The State's Attorney of each county
14shall notify the Department of all charges filed and all
15petitions filed alleging that a minor is delinquent, including
16all those added subsequent to the filing of a case, and whether
17charges were not filed in cases for which the Department has
18received information required to be reported pursuant to
19paragraph (a) of this Section. With approval of the Department,
20the State's Attorney may enter into arrangements with other
21agencies for the purpose of furnishing the information required
22by this subsection (b) to the Department upon the State's
23Attorney's behalf.
24 (c) Disposition Information. The clerk of the circuit court
25of each county shall furnish the Department, in the form and
26manner required by the Supreme Court, with all final

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1dispositions of cases for which the Department has received
2information required to be reported pursuant to paragraph (a)
3or (d) of this Section. Such information shall include, for
4each charge, all (1) judgments of not guilty, judgments of
5guilty including the sentence pronounced by the court with
6statutory citations to the relevant sentencing provision,
7findings that a minor is delinquent and any sentence made based
8on those findings, discharges and dismissals in the court; (2)
9reviewing court orders filed with the clerk of the circuit
10court which reverse or remand a reported conviction or findings
11that a minor is delinquent or that vacate or modify a sentence
12or sentence made following a trial that a minor is delinquent;
13(3) continuances to a date certain in furtherance of an order
14of supervision granted under Section 5-6-1 of the Unified Code
15of Corrections or an order of probation granted under Section
1610 of the Cannabis Control Act, Section 410 of the Illinois
17Controlled Substances Act, Section 70 of the Methamphetamine
18Control and Community Protection Act, Section 12-4.3 or
19subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
201961 or the Criminal Code of 2012, Section 10-102 of the
21Illinois Alcoholism and Other Drug Dependency Act, Section
2240-10 of the Alcoholism and Other Drug Abuse and Dependency
23Act, Section 10 of the Steroid Control Act, or Section 5-615 of
24the Juvenile Court Act of 1987; and (4) judgments or court
25orders terminating or revoking a sentence to or juvenile
26disposition of probation, supervision or conditional discharge

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1and any resentencing or new court orders entered by a juvenile
2court relating to the disposition of a minor's case involving
3delinquency after such revocation.
4 (d) Fingerprints After Sentencing.
5 (1) After the court pronounces sentence, sentences a
6 minor following a trial in which a minor was found to be
7 delinquent or issues an order of supervision or an order of
8 probation granted under Section 10 of the Cannabis Control
9 Act, Section 410 of the Illinois Controlled Substances Act,
10 Section 70 of the Methamphetamine Control and Community
11 Protection Act, Section 12-4.3 or subdivision (b)(1) of
12 Section 12-3.05 of the Criminal Code of 1961 or the
13 Criminal Code of 2012, Section 10-102 of the Illinois
14 Alcoholism and Other Drug Dependency Act, Section 40-10 of
15 the Alcoholism and Other Drug Abuse and Dependency Act,
16 Section 10 of the Steroid Control Act, or Section 5-615 of
17 the Juvenile Court Act of 1987 for any offense which is
18 required by statute to be collected, maintained, or
19 disseminated by the Department of State Police, the State's
20 Attorney of each county shall ask the court to order a law
21 enforcement agency to fingerprint immediately all persons
22 appearing before the court who have not previously been
23 fingerprinted for the same case. The court shall so order
24 the requested fingerprinting, if it determines that any
25 such person has not previously been fingerprinted for the
26 same case. The law enforcement agency shall submit such

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1 fingerprints to the Department daily.
2 (2) After the court pronounces sentence or makes a
3 disposition of a case following a finding of delinquency
4 for any offense which is not required by statute to be
5 collected, maintained, or disseminated by the Department
6 of State Police, the prosecuting attorney may ask the court
7 to order a law enforcement agency to fingerprint
8 immediately all persons appearing before the court who have
9 not previously been fingerprinted for the same case. The
10 court may so order the requested fingerprinting, if it
11 determines that any so sentenced person has not previously
12 been fingerprinted for the same case. The law enforcement
13 agency may retain such fingerprints in its files.
14 (e) Corrections Information. The Illinois Department of
15Corrections and the sheriff of each county shall furnish the
16Department with all information concerning the receipt,
17escape, execution, death, release, pardon, parole, commutation
18of sentence, granting of executive clemency or discharge of an
19individual who has been sentenced or committed to the agency's
20custody for any offenses which are mandated by statute to be
21collected, maintained or disseminated by the Department of
22State Police. For an individual who has been charged with any
23such offense and who escapes from custody or dies while in
24custody, all information concerning the receipt and escape or
25death, whichever is appropriate, shall also be so furnished to
26the Department.

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1(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
2 Section 15. The Criminal Code of 2012 is amended by
3changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
4 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
5 Sec. 19-1. Burglary.
6 (a) A person commits burglary when without authority he or
7she knowingly enters or without authority remains within a
8building, housetrailer, watercraft, aircraft, motor vehicle,
9railroad car, or any part thereof, with intent to commit
10therein a felony or theft. This offense shall not include the
11offenses set out in Section 4-102 of the Illinois Vehicle Code.
12 (b) Sentence.
13 Burglary committed in, and without causing damage to, a
14watercraft, aircraft, motor vehicle, railroad car, or any part
15thereof is a Class 3 felony. Burglary committed in a building,
16housetrailer, or any part thereof or while causing damage to a
17watercraft, aircraft, motor vehicle, railroad car, or any part
18thereof is a Class 2 felony. A burglary committed in a school,
19day care center, day care home, group day care home, or part
20day child care facility, or place of worship is a Class 1
21felony, except that this provision does not apply to a day care
22center, day care home, group day care home, or part day child
23care facility operated in a private residence used as a
24dwelling.

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1 (c) Regarding penalties prescribed in subsection (b) for
2violations committed in a day care center, day care home, group
3day care home, or part day child care facility, the time of
4day, time of year, and whether children under 18 years of age
5were present in the day care center, day care home, group day
6care home, or part day child care facility are irrelevant.
7(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
8 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
9 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
10Felons or Persons in the Custody of the Department of
11Corrections Facilities.
12 (a) It is unlawful for a person to knowingly possess on or
13about his person or on his land or in his own abode or fixed
14place of business any weapon prohibited under Section 24-1 of
15this Act or any firearm or any firearm ammunition if the person
16has been convicted of a felony under the laws of this State or
17any other jurisdiction. This Section shall not apply if the
18person has been granted relief by the Director of the
19Department of State Police under Section 10 of the Firearm
20Owners Identification Card Act.
21 (b) It is unlawful for any person confined in a penal
22institution, which is a facility of the Illinois Department of
23Corrections, to possess any weapon prohibited under Section
2424-1 of this Code or any firearm or firearm ammunition,
25regardless of the intent with which he possesses it.

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1 (c) It shall be an affirmative defense to a violation of
2subsection (b), that such possession was specifically
3authorized by rule, regulation, or directive of the Illinois
4Department of Corrections or order issued pursuant thereto.
5 (d) The defense of necessity is not available to a person
6who is charged with a violation of subsection (b) of this
7Section.
8 (e) Sentence. Violation of this Section by a person not
9confined in a penal institution shall be a Class 3 felony for
10which the person shall be sentenced to no less than 2 years and
11no more than 10 years. A and any second or subsequent violation
12of this Section shall be a Class 2 felony for which the person
13shall be sentenced to a term of imprisonment of not less than 3
14years and not more than 14 years, except as provided for in
15Section 5-4.5-110 of the Unified Code of Corrections. Violation
16of this Section by a person not confined in a penal institution
17who has been convicted of a forcible felony, a felony violation
18of Article 24 of this Code or of the Firearm Owners
19Identification Card Act, stalking or aggravated stalking, or a
20Class 2 or greater felony under the Illinois Controlled
21Substances Act, the Cannabis Control Act, or the
22Methamphetamine Control and Community Protection Act is a Class
232 felony for which the person shall be sentenced to not less
24than 3 years and not more than 14 years, except as provided for
25in Section 5-4.5-110 of the Unified Code of Corrections.
26Violation of this Section by a person who is on parole or

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1mandatory supervised release is a Class 2 felony for which the
2person shall be sentenced to not less than 3 years and not more
3than 14 years, except as provided for in Section 5-4.5-110 of
4the Unified Code of Corrections. Violation of this Section by a
5person not confined in a penal institution is a Class X felony
6when the firearm possessed is a machine gun. Any person who
7violates this Section while confined in a penal institution,
8which is a facility of the Illinois Department of Corrections,
9is guilty of a Class 1 felony, if he possesses any weapon
10prohibited under Section 24-1 of this Code regardless of the
11intent with which he possesses it, a Class X felony if he
12possesses any firearm, firearm ammunition or explosive, and a
13Class X felony for which the offender shall be sentenced to not
14less than 12 years and not more than 50 years when the firearm
15possessed is a machine gun. A violation of this Section while
16wearing or in possession of body armor as defined in Section
1733F-1 is a Class X felony punishable by a term of imprisonment
18of not less than 10 years and not more than 40 years. The
19possession of each firearm or firearm ammunition in violation
20of this Section constitutes a single and separate violation.
21(Source: P.A. 97-237, eff. 1-1-12.)
22 (720 ILCS 5/24-1.6)
23 Sec. 24-1.6. Aggravated unlawful use of a weapon.
24 (a) A person commits the offense of aggravated unlawful use
25of a weapon when he or she knowingly:

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1 (1) Carries on or about his or her person or in any
2 vehicle or concealed on or about his or her person except
3 when on his or her land or in his or her abode, legal
4 dwelling, or fixed place of business, or on the land or in
5 the legal dwelling of another person as an invitee with
6 that person's permission, any pistol, revolver, stun gun or
7 taser or other firearm; or
8 (2) Carries or possesses on or about his or her person,
9 upon any public street, alley, or other public lands within
10 the corporate limits of a city, village or incorporated
11 town, except when an invitee thereon or therein, for the
12 purpose of the display of such weapon or the lawful
13 commerce in weapons, or except when on his or her own land
14 or in his or her own abode, legal dwelling, or fixed place
15 of business, or on the land or in the legal dwelling of
16 another person as an invitee with that person's permission,
17 any pistol, revolver, stun gun or taser or other firearm;
18 and
19 (3) One of the following factors is present:
20 (A) the firearm, other than a pistol, revolver, or
21 handgun, possessed was uncased, loaded, and
22 immediately accessible at the time of the offense; or
23 (A-5) the pistol, revolver, or handgun possessed
24 was uncased, loaded, and immediately accessible at the
25 time of the offense and the person possessing the
26 pistol, revolver, or handgun has not been issued a

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1 currently valid license under the Firearm Concealed
2 Carry Act; or
3 (B) the firearm, other than a pistol, revolver, or
4 handgun, possessed was uncased, unloaded, and the
5 ammunition for the weapon was immediately accessible
6 at the time of the offense; or
7 (B-5) the pistol, revolver, or handgun possessed
8 was uncased, unloaded, and the ammunition for the
9 weapon was immediately accessible at the time of the
10 offense and the person possessing the pistol,
11 revolver, or handgun has not been issued a currently
12 valid license under the Firearm Concealed Carry Act; or
13 (C) the person possessing the firearm has not been
14 issued a currently valid Firearm Owner's
15 Identification Card; or
16 (D) the person possessing the weapon was
17 previously adjudicated a delinquent minor under the
18 Juvenile Court Act of 1987 for an act that if committed
19 by an adult would be a felony; or
20 (E) the person possessing the weapon was engaged in
21 a misdemeanor violation of the Cannabis Control Act, in
22 a misdemeanor violation of the Illinois Controlled
23 Substances Act, or in a misdemeanor violation of the
24 Methamphetamine Control and Community Protection Act;
25 or
26 (F) (blank); or

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1 (G) the person possessing the weapon had an a order
2 of protection issued against him or her within the
3 previous 2 years; or
4 (H) the person possessing the weapon was engaged in
5 the commission or attempted commission of a
6 misdemeanor involving the use or threat of violence
7 against the person or property of another; or
8 (I) the person possessing the weapon was under 21
9 years of age and in possession of a handgun, unless the
10 person under 21 is engaged in lawful activities under
11 the Wildlife Code or described in subsection
12 24-2(b)(1), (b)(3), or 24-2(f).
13 (a-5) "Handgun" as used in this Section has the meaning
14given to it in Section 5 of the Firearm Concealed Carry Act.
15 (b) "Stun gun or taser" as used in this Section has the
16same definition given to it in Section 24-1 of this Code.
17 (c) This Section does not apply to or affect the
18transportation or possession of weapons that:
19 (i) are broken down in a non-functioning state; or
20 (ii) are not immediately accessible; or
21 (iii) are unloaded and enclosed in a case, firearm
22 carrying box, shipping box, or other container by a person
23 who has been issued a currently valid Firearm Owner's
24 Identification Card.
25 (d) Sentence.
26 (1) Aggravated unlawful use of a weapon is a Class 4

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1 felony; a second or subsequent offense is a Class 2 felony
2 for which the person shall be sentenced to a term of
3 imprisonment of not less than 3 years and not more than 7
4 years, except as provided for in Section 5-4.5-110 of the
5 Unified Code of Corrections.
6 (2) Except as otherwise provided in paragraphs (3) and
7 (4) of this subsection (d), a first offense of aggravated
8 unlawful use of a weapon committed with a firearm by a
9 person 18 years of age or older where the factors listed in
10 both items (A) and (C) or both items (A-5) and (C) of
11 paragraph (3) of subsection (a) are present is a Class 4
12 felony, for which the person shall be sentenced to a term
13 of imprisonment of not less than one year and not more than
14 3 years.
15 (3) Aggravated unlawful use of a weapon by a person who
16 has been previously convicted of a felony in this State or
17 another jurisdiction is a Class 2 felony for which the
18 person shall be sentenced to a term of imprisonment of not
19 less than 3 years and not more than 7 years, except as
20 provided for in Section 5-4.5-110 of the Unified Code of
21 Corrections.
22 (4) Aggravated unlawful use of a weapon while wearing
23 or in possession of body armor as defined in Section 33F-1
24 by a person who has not been issued a valid Firearms
25 Owner's Identification Card in accordance with Section 5 of
26 the Firearm Owners Identification Card Act is a Class X

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1 felony.
2 (e) The possession of each firearm in violation of this
3Section constitutes a single and separate violation.
4(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
5 Section 20. The Cannabis Control Act is amended by changing
6Sections 5.2 and 10 as follows:
7 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
8 Sec. 5.2. Delivery of cannabis on school grounds.
9 (a) Any person who violates subsection (e) of Section 5 in
10any school, on the real property comprising any school, or any
11conveyance owned, leased or contracted by a school to transport
12students to or from school or a school related activity, or on
13any public way within 500 1,000 feet of the real property
14comprising any school, or in any conveyance owned, leased or
15contracted by a school to transport students to or from school
16or a school related activity, and at the time of the violation
17persons under the age of 18 are present, the offense is
18committed during school hours, or the offense is committed at
19times when persons under the age of 18 are reasonably expected
20to be present in the school, in the conveyance, on the real
21property, or on the public way, such as when after-school
22activities are occurring, is guilty of a Class 1 felony, the
23fine for which shall not exceed $200,000;
24 (b) Any person who violates subsection (d) of Section 5 in

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1any school, on the real property comprising any school, or any
2conveyance owned, leased or contracted by a school to transport
3students to or from school or a school related activity, or on
4any public way within 500 1,000 feet of the real property
5comprising any school, or in any conveyance owned, leased or
6contracted by a school to transport students to or from school
7or a school related activity, and at the time of the violation
8persons under the age of 18 are present, the offense is
9committed during school hours, or the offense is committed at
10times when persons under the age of 18 are reasonably expected
11to be present in the school, in the conveyance, on the real
12property, or on the public way, such as when after-school
13activities are occurring, is guilty of a Class 2 felony, the
14fine for which shall not exceed $100,000;
15 (c) Any person who violates subsection (c) of Section 5 in
16any school, on the real property comprising any school, or any
17conveyance owned, leased or contracted by a school to transport
18students to or from school or a school related activity, or on
19any public way within 500 1,000 feet of the real property
20comprising any school, or in any conveyance owned, leased or
21contracted by a school to transport students to or from school
22or a school related activity, and at the time of the violation
23persons under the age of 18 are present, the offense is
24committed during school hours, or the offense is committed at
25times when persons under the age of 18 are reasonably expected
26to be present in the school, in the conveyance, on the real

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1property, or on the public way, such as when after-school
2activities are occurring, is guilty of a Class 3 felony, the
3fine for which shall not exceed $50,000;
4 (d) Any person who violates subsection (b) of Section 5 in
5any school, on the real property comprising any school, or any
6conveyance owned, leased or contracted by a school to transport
7students to or from school or a school related activity, or on
8any public way within 500 1,000 feet of the real property
9comprising any school, or in any conveyance owned, leased or
10contracted by a school to transport students to or from school
11or a school related activity, and at the time of the violation
12persons under the age of 18 are present, the offense is
13committed during school hours, or the offense is committed at
14times when persons under the age of 18 are reasonably expected
15to be present in the school, in the conveyance, on the real
16property, or on the public way, such as when after-school
17activities are occurring, is guilty of a Class 4 felony, the
18fine for which shall not exceed $25,000;
19 (e) Any person who violates subsection (a) of Section 5 in
20any school, on the real property comprising any school, or in
21any conveyance owned, leased or contracted by a school to
22transport students to or from school or a school related
23activity, on any public way within 500 1,000 feet of the real
24property comprising any school, or any conveyance owned, leased
25or contracted by a school to transport students to or from
26school or a school related activity, and at the time of the

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1violation persons under the age of 18 are present, the offense
2is committed during school hours, or the offense is committed
3at times when persons under the age of 18 are reasonably
4expected to be present in the school, in the conveyance, on the
5real property, or on the public way, such as when after-school
6activities are occurring, is guilty of a Class A misdemeanor.
7(Source: P.A. 87-544.)
8 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
9 Sec. 10. (a) Whenever any person who has not previously
10been convicted of, or placed on probation or court supervision
11for, any felony offense under this Act or any law of the United
12States or of any State relating to cannabis, or controlled
13substances as defined in the Illinois Controlled Substances
14Act, pleads guilty to or is found guilty of violating Sections
154(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
16may, without entering a judgment and with the consent of such
17person, sentence him to probation.
18 (b) When a person is placed on probation, the court shall
19enter an order specifying a period of probation of 24 months,
20and shall defer further proceedings in the case until the
21conclusion of the period or until the filing of a petition
22alleging violation of a term or condition of probation.
23 (c) The conditions of probation shall be that the person:
24(1) not violate any criminal statute of any jurisdiction; (2)
25refrain from possession of a firearm or other dangerous weapon;

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1(3) submit to periodic drug testing at a time and in a manner
2as ordered by the court, but no less than 3 times during the
3period of the probation, with the cost of the testing to be
4paid by the probationer; and (4) perform no less than 30 hours
5of community service, provided community service is available
6in the jurisdiction and is funded and approved by the county
7board.
8 (d) The court may, in addition to other conditions, require
9that 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 for drug addiction or alcoholism;
19 (5) attend or reside in a facility established for the
20 instruction or residence of defendants on probation;
21 (6) support his dependents;
22 (7) refrain from possessing a firearm or other
23 dangerous weapon;
24 (7-5) refrain from having in his or her body the
25 presence of any illicit drug prohibited by the Cannabis
26 Control Act, the Illinois Controlled Substances Act, or the

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1 Methamphetamine Control and Community Protection Act,
2 unless prescribed by a physician, and submit samples of his
3 or her blood or urine or both for tests to determine the
4 presence of any illicit drug;
5 (8) and in addition, if a minor:
6 (i) reside with his parents or in a foster home;
7 (ii) attend school;
8 (iii) attend a non-residential program for youth;
9 (iv) contribute to his own support at home or in a
10 foster home.
11 (e) Upon violation of a term or condition of probation, the
12court may enter a judgment on its original finding of guilt and
13proceed as otherwise provided.
14 (f) Upon fulfillment of the terms and conditions of
15probation, the court shall discharge such person and dismiss
16the proceedings against him.
17 (g) A disposition of probation is considered to be a
18conviction for the purposes of imposing the conditions of
19probation and for appeal, however, discharge and dismissal
20under this Section is not a conviction for purposes of
21disqualification or disabilities imposed by law upon
22conviction of a crime (including the additional penalty imposed
23for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
24of this Act).
25 (h) A person may not have more than one discharge Discharge
26and dismissal under this Section within a 4-year period ,

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1Section 410 of the Illinois Controlled Substances Act, Section
270 of the Methamphetamine Control and Community Protection Act,
3Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
4or subsection (c) of Section 11-14 of the Criminal Code of 1961
5or the Criminal Code of 2012 may occur only once with respect
6to any person.
7 (i) If a person is convicted of an offense under this Act,
8the Illinois Controlled Substances Act, or the Methamphetamine
9Control and Community Protection Act within 5 years subsequent
10to a discharge and dismissal under this Section, the discharge
11and dismissal under this Section shall be admissible in the
12sentencing proceeding for that conviction as a factor in
13aggravation.
14 (j) Notwithstanding subsection (a), before a person is
15sentenced to probation under this Section, the court may refer
16the person to the drug court established in that judicial
17circuit pursuant to Section 15 of the Drug Court Treatment Act.
18The drug court team shall evaluate the person's likelihood of
19successfully completing a sentence of probation under this
20Section and shall report the results of its evaluation to the
21court. If the drug court team finds that the person suffers
22from a substance abuse problem that makes him or her
23substantially unlikely to successfully complete a sentence of
24probation under this Section, then the drug court shall set
25forth its findings in the form of a written order, and the
26person shall not be sentenced to probation under this Section,

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1but shall may be considered for the drug court program.
2(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
3 Section 25. The Illinois Controlled Substances Act is
4amended by changing Sections 407 and 410 as follows:
5 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
6 Sec. 407. (a) (1)(A) Any person 18 years of age or over who
7violates any subsection of Section 401 or subsection (b) of
8Section 404 by delivering a controlled, counterfeit or
9look-alike substance to a person under 18 years of age may be
10sentenced to imprisonment for a term up to twice the maximum
11term and fined an amount up to twice that amount otherwise
12authorized by the pertinent subsection of Section 401 and
13Subsection (b) of Section 404.
14 (B) (Blank).
15 (2) Except as provided in paragraph (3) of this subsection,
16any person who violates:
17 (A) subsection (c) of Section 401 by delivering or
18 possessing with intent to deliver a controlled,
19 counterfeit, or look-alike substance in or on, or within
20 500 1,000 feet of, a truck stop or safety rest area, is
21 guilty of a Class 1 felony, the fine for which shall not
22 exceed $250,000;
23 (B) subsection (d) of Section 401 by delivering or
24 possessing with intent to deliver a controlled,

SB1722 Engrossed- 22 -LRB100 11347 RLC 21730 b
1 counterfeit, or look-alike substance in or on, or within
2 500 1,000 feet of, a truck stop or safety rest area, is
3 guilty of a Class 2 felony, the fine for which shall not
4 exceed $200,000;
5 (C) subsection (e) of Section 401 or subsection (b) of
6 Section 404 by delivering or possessing with intent to
7 deliver a controlled, counterfeit, or look-alike substance
8 in or on, or within 500 1,000 feet of, a truck stop or
9 safety rest area, is guilty of a Class 3 felony, the fine
10 for which shall not exceed $150,000;
11 (D) subsection (f) of Section 401 by delivering or
12 possessing with intent to deliver a controlled,
13 counterfeit, or look-alike substance in or on, or within
14 500 1,000 feet of, a truck stop or safety rest area, is
15 guilty of a Class 3 felony, the fine for which shall not
16 exceed $125,000;
17 (E) subsection (g) of Section 401 by delivering or
18 possessing with intent to deliver a controlled,
19 counterfeit, or look-alike substance in or on, or within
20 500 1,000 feet of, a truck stop or safety rest area, is
21 guilty of a Class 3 felony, the fine for which shall not
22 exceed $100,000;
23 (F) subsection (h) of Section 401 by delivering or
24 possessing with intent to deliver a controlled,
25 counterfeit, or look-alike substance in or on, or within
26 500 1,000 feet of, a truck stop or safety rest area, is

SB1722 Engrossed- 23 -LRB100 11347 RLC 21730 b
1 guilty of a Class 3 felony, the fine for which shall not
2 exceed $75,000;
3 (3) Any person who violates paragraph (2) of this
4subsection (a) by delivering or possessing with intent to
5deliver a controlled, counterfeit, or look-alike substance in
6or on, or within 500 1,000 feet of a truck stop or a safety rest
7area, following a prior conviction or convictions of paragraph
8(2) of this subsection (a) may be sentenced to a term of
9imprisonment up to 2 times the maximum term and fined an amount
10up to 2 times the amount otherwise authorized by Section 401.
11 (4) For the purposes of this subsection (a):
12 (A) "Safety rest area" means a roadside facility
13 removed from the roadway with parking and facilities
14 designed for motorists' rest, comfort, and information
15 needs; and
16 (B) "Truck stop" means any facility (and its parking
17 areas) used to provide fuel or service, or both, to any
18 commercial motor vehicle as defined in Section 18b-101 of
19 the Illinois Vehicle Code.
20 (b) Any person who violates:
21 (1) subsection (c) of Section 401 in any school, on or
22 within 500 feet of the real property comprising any school,
23 or in any conveyance owned, leased or contracted by a
24 school to transport students to or from school or a school
25 related activity, and at the time of the violation persons
26 under the age of 18 are present, the offense is committed

SB1722 Engrossed- 24 -LRB100 11347 RLC 21730 b
1 during school hours, or the offense is committed at times
2 when persons under the age of 18 are reasonably expected to
3 be present in the school, in the conveyance, or on the real
4 property, such as when after-school activities are
5 occurring or residential property owned, operated or
6 managed by a public housing agency or leased by a public
7 housing agency as part of a scattered site or mixed-income
8 development, or in any public park or , on or within 500
9 feet of the real property comprising any school or
10 residential property owned, operated or managed by a public
11 housing agency or leased by a public housing agency as part
12 of a scattered site or mixed-income development, or public
13 park or within 1,000 feet of the real property comprising
14 any school or residential property owned, operated or
15 managed by a public housing agency or leased by a public
16 housing agency as part of a scattered site or mixed-income
17 development, or public park, on the real property
18 comprising any church, synagogue, or other building,
19 structure, or place used primarily for religious worship,
20 or within 500 1,000 feet of the real property comprising
21 any church, synagogue, or other building, structure, or
22 place used primarily for religious worship, on the real
23 property comprising any of the following places,
24 buildings, or structures used primarily for housing or
25 providing space for activities for senior citizens:
26 nursing homes, assisted-living centers, senior citizen

SB1722 Engrossed- 25 -LRB100 11347 RLC 21730 b
1 housing complexes, or senior centers oriented toward
2 daytime activities, or within 500 1,000 feet of the real
3 property comprising any of the following places,
4 buildings, or structures used primarily for housing or
5 providing space for activities for senior citizens:
6 nursing homes, assisted-living centers, senior citizen
7 housing complexes, or senior centers oriented toward
8 daytime activities and at the time of the violation persons
9 are present or reasonably expected to be present in the
10 church, synagogue, or other building, structure, or place
11 used primarily for religious worship during worship
12 services, or in buildings or structures used primarily for
13 housing or providing space for activities for senior
14 citizens: nursing homes, assisted-living centers, senior
15 citizen housing complexes, or senior centers oriented
16 toward daytime activities during the hours those places,
17 buildings, or structures are open for those activities, or
18 on the real property is guilty of a Class X felony, the
19 fine for which shall not exceed $500,000;
20 (2) subsection (d) of Section 401 in any school, on or
21 within 500 feet of the real property comprising any school,
22 or in any conveyance owned, leased or contracted by a
23 school to transport students to or from school or a school
24 related activity, and at the time of the violation persons
25 under the age of 18 are present, the offense is committed
26 during school hours, or the offense is committed at times

SB1722 Engrossed- 26 -LRB100 11347 RLC 21730 b
1 when persons under the age of 18 are reasonably expected to
2 be present in the school, in the conveyance, or on the real
3 property, such as when after-school activities are
4 occurring or residential property owned, operated or
5 managed by a public housing agency or leased by a public
6 housing agency as part of a scattered site or mixed-income
7 development, or in any public park or , on or within 500
8 feet of the real property comprising any school or
9 residential property owned, operated or managed by a public
10 housing agency or leased by a public housing agency as part
11 of a scattered site or mixed-income development, or public
12 park or within 1,000 feet of the real property comprising
13 any school or residential property owned, operated or
14 managed by a public housing agency or leased by a public
15 housing agency as part of a scattered site or mixed-income
16 development, or public park, on the real property
17 comprising any church, synagogue, or other building,
18 structure, or place used primarily for religious worship,
19 or within 500 1,000 feet of the real property comprising
20 any church, synagogue, or other building, structure, or
21 place used primarily for religious worship, on the real
22 property comprising any of the following places,
23 buildings, or structures used primarily for housing or
24 providing space for activities for senior citizens:
25 nursing homes, assisted-living centers, senior citizen
26 housing complexes, or senior centers oriented toward

SB1722 Engrossed- 27 -LRB100 11347 RLC 21730 b
1 daytime activities, or within 500 1,000 feet of the real
2 property comprising any of the following places,
3 buildings, or structures used primarily for housing or
4 providing space for activities for senior citizens:
5 nursing homes, assisted-living centers, senior citizen
6 housing complexes, or senior centers oriented toward
7 daytime activities and at the time of the violation persons
8 are present or reasonably expected to be present in the
9 church, synagogue, or other building, structure, or place
10 used primarily for religious worship during worship
11 services, or in buildings or structures used primarily for
12 housing or providing space for activities for senior
13 citizens: nursing homes, assisted-living centers, senior
14 citizen housing complexes, or senior centers oriented
15 toward daytime activities during the hours those places,
16 buildings, or structures are open for those activities, or
17 on the real property is guilty of a Class 1 felony, the
18 fine for which shall not exceed $250,000;
19 (3) subsection (e) of Section 401 or Subsection (b) of
20 Section 404 in any school, on or within 500 feet of the
21 real property comprising any school, or in any conveyance
22 owned, leased or contracted by a school to transport
23 students to or from school or a school related activity,
24 and at the time of the violation persons under the age of
25 18 are present, the offense is committed during school
26 hours, or the offense is committed at times when persons

SB1722 Engrossed- 28 -LRB100 11347 RLC 21730 b
1 under the age of 18 are reasonably expected to be present
2 in the school, in the conveyance, or on the real property,
3 such as when after-school activities are occurring or
4 residential property owned, operated or managed by a public
5 housing agency or leased by a public housing agency as part
6 of a scattered site or mixed-income development, or in any
7 public park or , on or within 500 feet of the real property
8 comprising any school or residential property owned,
9 operated or managed by a public housing agency or leased by
10 a public housing agency as part of a scattered site or
11 mixed-income development, or public park or within 1,000
12 feet of the real property comprising any school or
13 residential property owned, operated or managed by a public
14 housing agency or leased by a public housing agency as part
15 of a scattered site or mixed-income development, or public
16 park, on the real property comprising any church,
17 synagogue, or other building, structure, or place used
18 primarily for religious worship, or within 500 1,000 feet
19 of the real property comprising any church, synagogue, or
20 other building, structure, or place used primarily for
21 religious worship, on the real property comprising any of
22 the following places, buildings, or structures used
23 primarily for housing or providing space for activities for
24 senior citizens: nursing homes, assisted-living centers,
25 senior citizen housing complexes, or senior centers
26 oriented toward daytime activities, or within 500 1,000

SB1722 Engrossed- 29 -LRB100 11347 RLC 21730 b
1 feet of the real property comprising any of the following
2 places, buildings, or structures used primarily for
3 housing or providing space for activities for senior
4 citizens: nursing homes, assisted-living centers, senior
5 citizen housing complexes, or senior centers oriented
6 toward daytime activities and at the time of the violation
7 persons are present or reasonably expected to be present in
8 the church, synagogue, or other building, structure, or
9 place used primarily for religious worship during worship
10 services, or in buildings or structures used primarily for
11 housing or providing space for activities for senior
12 citizens: nursing homes, assisted-living centers, senior
13 citizen housing complexes, or senior centers oriented
14 toward daytime activities during the hours those places,
15 buildings, or structures are open for those activities, or
16 on the real property is guilty of a Class 2 felony, the
17 fine for which shall not exceed $200,000;
18 (4) subsection (f) of Section 401 in any school, on or
19 within 500 feet of the real property comprising any school,
20 or in any conveyance owned, leased or contracted by a
21 school to transport students to or from school or a school
22 related activity, and at the time of the violation persons
23 under the age of 18 are present, the offense is committed
24 during school hours, or the offense is committed at times
25 when persons under the age of 18 are reasonably expected to
26 be present in the school, in the conveyance, or on the real

SB1722 Engrossed- 30 -LRB100 11347 RLC 21730 b
1 property, such as when after-school activities are
2 occurring or residential property owned, operated or
3 managed by a public housing agency or leased by a public
4 housing agency as part of a scattered site or mixed-income
5 development, or in any public park or , on or within 500
6 feet of the real property comprising any school or
7 residential property owned, operated or managed by a public
8 housing agency or leased by a public housing agency as part
9 of a scattered site or mixed-income development, or public
10 park or within 1,000 feet of the real property comprising
11 any school or residential property owned, operated or
12 managed by a public housing agency or leased by a public
13 housing agency as part of a scattered site or mixed-income
14 development, or public park, on the real property
15 comprising any church, synagogue, or other building,
16 structure, or place used primarily for religious worship,
17 or within 500 1,000 feet of the real property comprising
18 any church, synagogue, or other building, structure, or
19 place used primarily for religious worship, on the real
20 property comprising any of the following places,
21 buildings, or structures used primarily for housing or
22 providing space for activities for senior citizens:
23 nursing homes, assisted-living centers, senior citizen
24 housing complexes, or senior centers oriented toward
25 daytime activities, or within 500 1,000 feet of the real
26 property comprising any of the following places,

SB1722 Engrossed- 31 -LRB100 11347 RLC 21730 b
1 buildings, or structures used primarily for housing or
2 providing space for activities for senior citizens:
3 nursing homes, assisted-living centers, senior citizen
4 housing complexes, or senior centers oriented toward
5 daytime activities and at the time of the violation persons
6 are present or reasonably expected to be present in the
7 church, synagogue, or other building, structure, or place
8 used primarily for religious worship during worship
9 services, or in buildings or structures used primarily for
10 housing or providing space for activities for senior
11 citizens: nursing homes, assisted-living centers, senior
12 citizen housing complexes, or senior centers oriented
13 toward daytime activities during the hours those places,
14 buildings, or structures are open for those activities, or
15 on the real property is guilty of a Class 2 felony, the
16 fine for which shall not exceed $150,000;
17 (5) subsection (g) of Section 401 in any school, on or
18 within 500 feet of the real property comprising any school,
19 or in any conveyance owned, leased or contracted by a
20 school to transport students to or from school or a school
21 related activity, and at the time of the violation persons
22 under the age of 18 are present, the offense is committed
23 during school hours, or the offense is committed at times
24 when persons under the age of 18 are reasonably expected to
25 be present in the school, in the conveyance, or on the real
26 property, such as when after-school activities are

SB1722 Engrossed- 32 -LRB100 11347 RLC 21730 b
1 occurring or residential property owned, operated or
2 managed by a public housing agency or leased by a public
3 housing agency as part of a scattered site or mixed-income
4 development, or in any public park or , on or within 500
5 feet of the real property comprising any school or
6 residential property owned, operated or managed by a public
7 housing agency or leased by a public housing agency as part
8 of a scattered site or mixed-income development, or public
9 park or within 1,000 feet of the real property comprising
10 any school or residential property owned, operated or
11 managed by a public housing agency or leased by a public
12 housing agency as part of a scattered site or mixed-income
13 development, or public park, on the real property
14 comprising any church, synagogue, or other building,
15 structure, or place used primarily for religious worship,
16 or within 500 1,000 feet of the real property comprising
17 any church, synagogue, or other building, structure, or
18 place used primarily for religious worship, on the real
19 property comprising any of the following places,
20 buildings, or structures used primarily for housing or
21 providing space for activities for senior citizens:
22 nursing homes, assisted-living centers, senior citizen
23 housing complexes, or senior centers oriented toward
24 daytime activities, or within 500 1,000 feet of the real
25 property comprising any of the following places,
26 buildings, or structures used primarily for housing or

SB1722 Engrossed- 33 -LRB100 11347 RLC 21730 b
1 providing space for activities for senior citizens:
2 nursing homes, assisted-living centers, senior citizen
3 housing complexes, or senior centers oriented toward
4 daytime activities and at the time of the violation persons
5 are present or reasonably expected to be present in the
6 church, synagogue, or other building, structure, or place
7 used primarily for religious worship during worship
8 services, or in buildings or structures used primarily for
9 housing or providing space for activities for senior
10 citizens: nursing homes, assisted-living centers, senior
11 citizen housing complexes, or senior centers oriented
12 toward daytime activities during the hours those places,
13 buildings, or structures are open for those activities, or
14 on the real property is guilty of a Class 2 felony, the
15 fine for which shall not exceed $125,000;
16 (6) subsection (h) of Section 401 in any school, on or
17 within 500 feet of the real property comprising any school,
18 or in any conveyance owned, leased or contracted by a
19 school to transport students to or from school or a school
20 related activity, and at the time of the violation persons
21 under the age of 18 are present, the offense is committed
22 during school hours, or the offense is committed at times
23 when persons under the age of 18 are reasonably expected to
24 be present in the school, in the conveyance, or on the real
25 property, such as when after-school activities are
26 occurring or residential property owned, operated or

SB1722 Engrossed- 34 -LRB100 11347 RLC 21730 b
1 managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or mixed-income
3 development, or in any public park or , on or within 500
4 feet of the real property comprising any school or
5 residential property owned, operated or managed by a public
6 housing agency or leased by a public housing agency as part
7 of a scattered site or mixed-income development, or public
8 park or within 1,000 feet of the real property comprising
9 any school or residential property owned, operated or
10 managed by a public housing agency or leased by a public
11 housing agency as part of a scattered site or mixed-income
12 development, or public park, on the real property
13 comprising any church, synagogue, or other building,
14 structure, or place used primarily for religious worship,
15 or within 500 1,000 feet of the real property comprising
16 any church, synagogue, or other building, structure, or
17 place used primarily for religious worship, on the real
18 property comprising any of the following places,
19 buildings, or structures used primarily for housing or
20 providing space for activities for senior citizens:
21 nursing homes, assisted-living centers, senior citizen
22 housing complexes, or senior centers oriented toward
23 daytime activities, or within 500 1,000 feet of the real
24 property comprising any of the following places,
25 buildings, or structures used primarily for housing or
26 providing space for activities for senior citizens:

SB1722 Engrossed- 35 -LRB100 11347 RLC 21730 b
1 nursing homes, assisted-living centers, senior citizen
2 housing complexes, or senior centers oriented toward
3 daytime activities and at the time of the violation persons
4 are present or reasonably expected to be present in the
5 church, synagogue, or other building, structure, or place
6 used primarily for religious worship during worship
7 services, or in buildings or structures used primarily for
8 housing or providing space for activities for senior
9 citizens: nursing homes, assisted-living centers, senior
10 citizen housing complexes, or senior centers oriented
11 toward daytime activities during the hours those places,
12 buildings, or structures are open for those activities, or
13 on the real property is guilty of a Class 2 felony, the
14 fine for which shall not exceed $100,000.
15 (c) Regarding penalties prescribed in subsection (b) for
16violations committed in a school or on or within 500 1,000 feet
17of school property, the time of day and , time of year and
18whether classes were currently in session at the time of the
19offense is irrelevant.
20(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
21 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
22 Sec. 410. (a) Whenever any person who has not previously
23been convicted of, or placed on probation or court supervision
24for any felony offense under this Act or any law of the United
25States or of any State relating to cannabis or controlled

SB1722 Engrossed- 36 -LRB100 11347 RLC 21730 b
1substances, pleads guilty to or is found guilty of possession
2of a controlled or counterfeit substance under subsection (c)
3of Section 402 or of unauthorized possession of prescription
4form under Section 406.2, the court, without entering a
5judgment and with the consent of such person, may sentence him
6or her to probation.
7 (b) When a person is placed on probation, the court shall
8enter an order specifying a period of probation of 24 months
9and shall defer further proceedings in the case until the
10conclusion of the period or until the filing of a petition
11alleging 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)
14refrain from possessing a firearm or other dangerous weapon;
15(3) submit to periodic drug testing at a time and in a manner
16as ordered by the court, but no less than 3 times during the
17period of the probation, with the cost of the testing to be
18paid by the probationer; and (4) perform no less than 30 hours
19of community service, provided community service is available
20in the jurisdiction and is funded and approved by the county
21board.
22 (d) The court may, in addition to other conditions, require
23that the person:
24 (1) make a report to and appear in person before or
25 participate with the court or such courts, person, or
26 social service agency as directed by the court in the order

SB1722 Engrossed- 37 -LRB100 11347 RLC 21730 b
1 of probation;
2 (2) pay a fine and costs;
3 (3) work or pursue a course of study or vocational
4 training;
5 (4) undergo medical or psychiatric treatment; or
6 treatment or rehabilitation approved by the Illinois
7 Department of Human Services;
8 (5) attend or reside in a facility established for the
9 instruction or residence of defendants on probation;
10 (6) support his or her dependents;
11 (6-5) refrain from having in his or her body the
12 presence of any illicit drug prohibited by the Cannabis
13 Control Act, the Illinois Controlled Substances Act, or the
14 Methamphetamine Control and Community Protection Act,
15 unless prescribed by a physician, and submit samples of his
16 or her blood or urine or both for tests to determine the
17 presence of any illicit drug;
18 (7) and in addition, if a minor:
19 (i) reside with his or her parents or in a foster
20 home;
21 (ii) attend school;
22 (iii) attend a non-residential program for youth;
23 (iv) contribute to his or her own support at home
24 or in a foster home.
25 (e) Upon violation of a term or condition of probation, the
26court may enter a judgment on its original finding of guilt and

SB1722 Engrossed- 38 -LRB100 11347 RLC 21730 b
1proceed as otherwise provided.
2 (f) Upon fulfillment of the terms and conditions of
3probation, the court shall discharge the person and dismiss the
4proceedings against him or her.
5 (g) A disposition of probation is considered to be a
6conviction for the purposes of imposing the conditions of
7probation and for appeal, however, discharge and dismissal
8under this Section is not a conviction for purposes of this Act
9or for purposes of disqualifications or disabilities imposed by
10law upon conviction of a crime.
11 (h) A person may not have more than There may be only one
12discharge and dismissal under this Section within a 4-year
13period , Section 10 of the Cannabis Control Act, Section 70 of
14the Methamphetamine Control and Community Protection Act,
15Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
16or subsection (c) of Section 11-14 of the Criminal Code of 1961
17or the Criminal Code of 2012 with respect to any person.
18 (i) If a person is convicted of an offense under this Act,
19the Cannabis Control Act, or the Methamphetamine Control and
20Community Protection Act within 5 years subsequent to a
21discharge and dismissal under this Section, the discharge and
22dismissal under this Section shall be admissible in the
23sentencing proceeding for that conviction as evidence in
24aggravation.
25 (j) Notwithstanding subsection (a), before a person is
26sentenced to probation under this Section, the court may refer

SB1722 Engrossed- 39 -LRB100 11347 RLC 21730 b
1the person to the drug court established in that judicial
2circuit pursuant to Section 15 of the Drug Court Treatment Act.
3The drug court team shall evaluate the person's likelihood of
4successfully completing a sentence of probation under this
5Section and shall report the results of its evaluation to the
6court. If the drug court team finds that the person suffers
7from a substance abuse problem that makes him or her
8substantially unlikely to successfully complete a sentence of
9probation under this Section, then the drug court shall set
10forth its findings in the form of a written order, and the
11person shall not be sentenced to probation under this Section,
12but shall may be considered for the drug court program.
13(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
14 Section 30. The Methamphetamine Control and Community
15Protection Act is amended by changing Sections 15, 55, and 70
16as follows:
17 (720 ILCS 646/15)
18 Sec. 15. Participation in methamphetamine manufacturing.
19 (a) Participation in methamphetamine manufacturing.
20 (1) It is unlawful to knowingly participate in the
21 manufacture of methamphetamine with the intent that
22 methamphetamine or a substance containing methamphetamine
23 be produced.
24 (2) A person who violates paragraph (1) of this

SB1722 Engrossed- 40 -LRB100 11347 RLC 21730 b
1 subsection (a) is subject to the following penalties:
2 (A) A person who participates in the manufacture of
3 less than 15 grams of methamphetamine or a substance
4 containing methamphetamine is guilty of a Class 1
5 felony.
6 (B) A person who participates in the manufacture of
7 15 or more grams but less than 100 grams of
8 methamphetamine or a substance containing
9 methamphetamine is guilty of a Class X felony, subject
10 to a term of imprisonment of not less than 6 years and
11 not more than 30 years, and subject to a fine not to
12 exceed $100,000 or the street value of the
13 methamphetamine manufactured, whichever is greater.
14 (C) A person who participates in the manufacture of
15 100 or more grams but less than 400 grams of
16 methamphetamine or a substance containing
17 methamphetamine is guilty of a Class X felony, subject
18 to a term of imprisonment of not less than 9 years and
19 not more than 40 years, and subject to a fine not to
20 exceed $200,000 or the street value of the
21 methamphetamine manufactured, whichever is greater.
22 (D) A person who participates in the manufacture of
23 400 or more grams but less than 900 grams of
24 methamphetamine or a substance containing
25 methamphetamine is guilty of a Class X felony, subject
26 to a term of imprisonment of not less than 12 years and

SB1722 Engrossed- 41 -LRB100 11347 RLC 21730 b
1 not more than 50 years, and subject to a fine not to
2 exceed $300,000 or the street value of the
3 methamphetamine manufactured, whichever is greater.
4 (E) A person who participates in the manufacture of
5 900 grams or more of methamphetamine or a substance
6 containing methamphetamine is guilty of a Class X
7 felony, subject to a term of imprisonment of not less
8 than 15 years and not more than 60 years, and subject
9 to a fine not to exceed $400,000 or the street value of
10 the methamphetamine, whichever is greater.
11 (b) Aggravated participation in methamphetamine
12manufacturing.
13 (1) It is unlawful to engage in aggravated
14 participation in the manufacture of methamphetamine. A
15 person engages in aggravated participation in the
16 manufacture of methamphetamine when the person violates
17 paragraph (1) of subsection (a) and:
18 (A) the person knowingly does so in a multi-unit
19 dwelling;
20 (B) the person knowingly does so in a structure or
21 vehicle where a child under the age of 18, a person
22 with a disability, or a person 60 years of age or older
23 who is incapable of adequately providing for his or her
24 own health and personal care resides, is present, or is
25 endangered by the manufacture of methamphetamine;
26 (C) the person does so in a structure or vehicle

SB1722 Engrossed- 42 -LRB100 11347 RLC 21730 b
1 where a woman the person knows to be pregnant
2 (including but not limited to the person herself)
3 resides, is present, or is endangered by the
4 methamphetamine manufacture;
5 (D) the person knowingly does so in a structure or
6 vehicle protected by one or more firearms, explosive
7 devices, booby traps, alarm systems, surveillance
8 systems, guard dogs, or dangerous animals;
9 (E) the methamphetamine manufacturing in which the
10 person participates is a contributing cause of the
11 death, serious bodily injury, disability, or
12 disfigurement of another person, including but not
13 limited to an emergency service provider;
14 (F) the methamphetamine manufacturing in which the
15 person participates is a contributing cause of a fire
16 or explosion that damages property belonging to
17 another person;
18 (G) the person knowingly organizes, directs, or
19 finances the methamphetamine manufacturing or
20 activities carried out in support of the
21 methamphetamine manufacturing; or
22 (H) the methamphetamine manufacturing occurs
23 within 500 1,000 feet of a place of worship or
24 parsonage, or within 500 1,000 feet of the real
25 property comprising any school at a time when children,
26 clergy, patrons, staff, or other persons are present or

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1 any activity sanctioned by the place of worship or
2 parsonage or school is taking place.
3 (2) A person who violates paragraph (1) of this
4 subsection (b) is subject to the following penalties:
5 (A) A person who participates in the manufacture of
6 less than 15 grams of methamphetamine or a substance
7 containing methamphetamine is guilty of a Class X
8 felony, subject to a term of imprisonment of not less
9 than 6 years and not more than 30 years, and subject to
10 a fine not to exceed $100,000 or the street value of
11 the methamphetamine, whichever is greater.
12 (B) A person who participates in the manufacture of
13 15 or more grams but less than 100 grams of
14 methamphetamine or a substance containing
15 methamphetamine is guilty of a Class X felony, subject
16 to a term of imprisonment of not less than 9 years and
17 not more than 40 years, and subject to a fine not to
18 exceed $200,000 or the street value of the
19 methamphetamine, whichever is greater.
20 (C) A person who participates in the manufacture of
21 100 or more grams but less than 400 grams of
22 methamphetamine or a substance containing
23 methamphetamine is guilty of a Class X felony, subject
24 to a term of imprisonment of not less than 12 years and
25 not more than 50 years, and subject to a fine not to
26 exceed $300,000 or the street value of the

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1 methamphetamine, whichever is greater.
2 (D) A person who participates in the manufacture of
3 400 grams or more of methamphetamine or a substance
4 containing methamphetamine is guilty of a Class X
5 felony, subject to a term of imprisonment of not less
6 than 15 years and not more than 60 years, and subject
7 to a fine not to exceed $400,000 or the street value of
8 the methamphetamine, whichever is greater.
9(Source: P.A. 98-980, eff. 1-1-15.)
10 (720 ILCS 646/55)
11 Sec. 55. Methamphetamine delivery.
12 (a) Delivery or possession with intent to deliver
13methamphetamine or a substance containing methamphetamine.
14 (1) It is unlawful knowingly to engage in the delivery
15 or possession with intent to deliver methamphetamine or a
16 substance containing methamphetamine.
17 (2) A person who violates paragraph (1) of this
18 subsection (a) is subject to the following penalties:
19 (A) A person who delivers or possesses with intent
20 to deliver less than 5 grams of methamphetamine or a
21 substance containing methamphetamine is guilty of a
22 Class 2 felony.
23 (B) A person who delivers or possesses with intent
24 to deliver 5 or more grams but less than 15 grams of
25 methamphetamine or a substance containing

SB1722 Engrossed- 45 -LRB100 11347 RLC 21730 b
1 methamphetamine is guilty of a Class 1 felony.
2 (C) A person who delivers or possesses with intent
3 to deliver 15 or more grams but less than 100 grams of
4 methamphetamine or a substance containing
5 methamphetamine is guilty of a Class X felony, subject
6 to a term of imprisonment of not less than 6 years and
7 not more than 30 years, and subject to a fine not to
8 exceed $100,000 or the street value of the
9 methamphetamine, whichever is greater.
10 (D) A person who delivers or possesses with intent
11 to deliver 100 or more grams but less than 400 grams of
12 methamphetamine or a substance containing
13 methamphetamine is guilty of a Class X felony, subject
14 to a term of imprisonment of not less than 9 years and
15 not more than 40 years, and subject to a fine not to
16 exceed $200,000 or the street value of the
17 methamphetamine, whichever is greater.
18 (E) A person who delivers or possesses with intent
19 to deliver 400 or more grams but less than 900 grams of
20 methamphetamine or a substance containing
21 methamphetamine is guilty of a Class X felony, subject
22 to a term of imprisonment of not less than 12 years and
23 not more than 50 years, and subject to a fine not to
24 exceed $300,000 or the street value of the
25 methamphetamine, whichever is greater.
26 (F) A person who delivers or possesses with intent

SB1722 Engrossed- 46 -LRB100 11347 RLC 21730 b
1 to deliver 900 or more grams of methamphetamine or a
2 substance containing methamphetamine is guilty of a
3 Class X felony, subject to a term of imprisonment of
4 not less than 15 years and not more than 60 years, and
5 subject to a fine not to exceed $400,000 or the street
6 value of the methamphetamine, whichever is greater.
7 (b) Aggravated delivery or possession with intent to
8deliver methamphetamine or a substance containing
9methamphetamine.
10 (1) It is unlawful to engage in the aggravated delivery
11 or possession with intent to deliver methamphetamine or a
12 substance containing methamphetamine. A person engages in
13 the aggravated delivery or possession with intent to
14 deliver methamphetamine or a substance containing
15 methamphetamine when the person violates paragraph (1) of
16 subsection (a) of this Section and:
17 (A) the person is at least 18 years of age and
18 knowingly delivers or possesses with intent to deliver
19 the methamphetamine or substance containing
20 methamphetamine to a person under 18 years of age;
21 (B) the person is at least 18 years of age and
22 knowingly uses, engages, employs, or causes another
23 person to use, engage, or employ a person under 18
24 years of age to deliver the methamphetamine or
25 substance containing methamphetamine;
26 (C) the person knowingly delivers or possesses

SB1722 Engrossed- 47 -LRB100 11347 RLC 21730 b
1 with intent to deliver the methamphetamine or
2 substance containing methamphetamine in any structure
3 or vehicle protected by one or more firearms, explosive
4 devices, booby traps, alarm systems, surveillance
5 systems, guard dogs, or dangerous animals;
6 (D) the person knowingly delivers or possesses
7 with intent to deliver the methamphetamine or
8 substance containing methamphetamine in any school, on
9 any real property comprising any school, or in any
10 conveyance owned, leased, or contracted by a school to
11 transport students to or from school or a
12 school-related activity and at the time of the
13 violation persons under the age of 18 are present, the
14 offense is committed during school hours, or the
15 offense is committed at times when persons under the
16 age of 18 are reasonably expected to be present in the
17 school, in the conveyance, or on the real property,
18 such as when after-school activities are occurring;
19 (E) the person delivers or causes another person to
20 deliver the methamphetamine or substance containing
21 methamphetamine to a woman that the person knows to be
22 pregnant; or
23 (F) (blank).
24 (2) A person who violates paragraph (1) of this
25 subsection (b) is subject to the following penalties:
26 (A) A person who delivers or possesses with intent

SB1722 Engrossed- 48 -LRB100 11347 RLC 21730 b
1 to deliver less than 5 grams of methamphetamine or a
2 substance containing methamphetamine is guilty of a
3 Class 1 felony.
4 (B) A person who delivers or possesses with intent
5 to deliver 5 or more grams but less than 15 grams of
6 methamphetamine or a substance containing
7 methamphetamine is guilty of a Class X felony, subject
8 to a term of imprisonment of not less than 6 years and
9 not more than 30 years, and subject to a fine not to
10 exceed $100,000 or the street value of the
11 methamphetamine, whichever is greater.
12 (C) A person who delivers or possesses with intent
13 to deliver 15 or more grams but less than 100 grams of
14 methamphetamine or a substance containing
15 methamphetamine is guilty of a Class X felony, subject
16 to a term of imprisonment of not less than 8 years and
17 not more than 40 years, and subject to a fine not to
18 exceed $200,000 or the street value of the
19 methamphetamine, whichever is greater.
20 (D) A person who delivers or possesses with intent
21 to deliver 100 or more grams of methamphetamine or a
22 substance containing methamphetamine is guilty of a
23 Class X felony, subject to a term of imprisonment of
24 not less than 10 years and not more than 50 years, and
25 subject to a fine not to exceed $300,000 or the street
26 value of the methamphetamine, whichever is greater.

SB1722 Engrossed- 49 -LRB100 11347 RLC 21730 b
1(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
2 (720 ILCS 646/70)
3 Sec. 70. Probation.
4 (a) Whenever any person who has not previously been
5convicted of, or placed on probation or court supervision for
6any felony offense under this Act, the Illinois Controlled
7Substances Act, the Cannabis Control Act, or any law of the
8United States or of any state relating to cannabis or
9controlled substances, pleads guilty to or is found guilty of
10possession of less than 15 grams of methamphetamine under
11paragraph (1) or (2) of subsection (b) of Section 60 of this
12Act, the court, without entering a judgment and with the
13consent of the person, may sentence him or her to probation.
14 (b) When a person is placed on probation, the court shall
15enter an order specifying a period of probation of 24 months
16and shall defer further proceedings in the case until the
17conclusion of the period or until the filing of a petition
18alleging violation of a term or condition of probation.
19 (c) The conditions of probation shall be that the person:
20 (1) not violate any criminal statute of any
21 jurisdiction;
22 (2) refrain from possessing a firearm or other
23 dangerous weapon;
24 (3) submit to periodic drug testing at a time and in a
25 manner as ordered by the court, but no less than 3 times

SB1722 Engrossed- 50 -LRB100 11347 RLC 21730 b
1 during the period of the probation, with the cost of the
2 testing to be paid by the probationer; and
3 (4) perform no less than 30 hours of community service,
4 if community service is available in the jurisdiction and
5 is funded and approved by the county board.
6 (d) The court may, in addition to other conditions, require
7that 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

SB1722 Engrossed- 51 -LRB100 11347 RLC 21730 b
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
10court may enter a judgment on its original finding of guilt and
11proceed as otherwise provided.
12 (f) Upon fulfillment of the terms and conditions of
13probation, the court shall discharge the person and dismiss the
14proceedings against the person.
15 (g) A disposition of probation is considered to be a
16conviction for the purposes of imposing the conditions of
17probation and for appeal, however, discharge and dismissal
18under this Section is not a conviction for purposes of this Act
19or for purposes of disqualifications or disabilities imposed by
20law upon conviction of a crime.
21 (h) A person may not have more than There may be only one
22discharge and dismissal under this Section within a 4-year
23period , Section 410 of the Illinois Controlled Substances Act,
24Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
255-6-3.4 of the Unified Code of Corrections, or subsection (c)
26of Section 11-14 of the Criminal Code of 1961 or the Criminal

SB1722 Engrossed- 52 -LRB100 11347 RLC 21730 b
1Code of 2012 with respect to any person.
2 (i) If a person is convicted of an offense under this Act,
3the Cannabis Control Act, or the Illinois Controlled Substances
4Act within 5 years subsequent to a discharge and dismissal
5under this Section, the discharge and dismissal under this
6Section are admissible in the sentencing proceeding for that
7conviction as evidence in aggravation.
8 (j) Notwithstanding subsection (a), before a person is
9sentenced to probation under this Section, the court may refer
10the person to the drug court established in that judicial
11circuit pursuant to Section 15 of the Drug Court Treatment Act.
12The drug court team shall evaluate the person's likelihood of
13successfully completing a sentence of probation under this
14Section and shall report the results of its evaluation to the
15court. If the drug court team finds that the person suffers
16from a substance abuse problem that makes him or her
17substantially unlikely to successfully complete a sentence of
18probation under this Section, then the drug court shall set
19forth its findings in the form of a written order, and the
20person shall not be sentenced to probation under this Section,
21but shall may be considered for the drug court program.
22(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
23 Section 35. The Unified Code of Corrections is amended by
24changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4,
25and 5-8-8 and by adding Section 5-4.5-110 as follows:

SB1722 Engrossed- 53 -LRB100 11347 RLC 21730 b
1 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
2 Sec. 3-3-8. Length of parole and mandatory supervised
3release; discharge.
4 (a) The length of parole for a person sentenced under the
5law in effect prior to the effective date of this amendatory
6Act of 1977 and the length of mandatory supervised release for
7those sentenced under the law in effect on and after such
8effective date shall be as set out in Section 5-8-1 unless
9sooner terminated under paragraph (b) of this Section.
10 (b) The Prisoner Review Board may enter an order releasing
11and discharging one from parole or mandatory supervised
12release, and his or her commitment to the Department, when it
13determines that he or she is likely to remain at liberty
14without committing another offense.
15 (b-1) Provided that the subject is in compliance with the
16terms and conditions of his or her parole or mandatory
17supervised release, the Prisoner Review Board may reduce the
18period of a parolee or releasee's parole or mandatory
19supervised release by 90 days upon the parolee or releasee
20receiving a high school diploma or upon passage of high school
21equivalency testing during the period of his or her parole or
22mandatory supervised release. This reduction in the period of a
23subject's term of parole or mandatory supervised release shall
24be available only to subjects who have not previously earned a
25high school diploma or who have not previously passed high

SB1722 Engrossed- 54 -LRB100 11347 RLC 21730 b
1school equivalency testing.
2 (b-2) The Prisoner Review Board may release a low-risk and
3need subject person from mandatory supervised release as
4determined by an appropriate evidence-based risk and need
5assessment.
6 (c) The order of discharge shall become effective upon
7entry of the order of the Board. The Board shall notify the
8clerk of the committing court of the order. Upon receipt of
9such copy, the clerk shall make an entry on the record judgment
10that the sentence or commitment has been satisfied pursuant to
11the order.
12 (d) Rights of the person discharged under this Section
13shall be restored under Section 5-5-5.
14(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
15eff. 1-1-16; 99-628, eff. 1-1-17.)
16 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
17 (Text of Section before amendment by P.A. 99-938)
18 Sec. 3-6-3. Rules and regulations for sentence credit.
19 (a)(1) The Department of Corrections shall prescribe rules
20and regulations for awarding and revoking sentence credit for
21persons committed to the Department which shall be subject to
22review by the Prisoner Review Board.
23 (1.5) As otherwise provided by law, sentence credit may be
24awarded for the following:
25 (A) successful completion of programming while in

SB1722 Engrossed- 55 -LRB100 11347 RLC 21730 b
1 custody of the Department or while in custody prior to
2 sentencing;
3 (B) compliance with the rules and regulations of the
4 Department; or
5 (C) service to the institution, service to a community,
6 or service to the State.
7 (2) The rules and regulations on sentence credit shall
8provide, with respect to offenses listed in clause (i), (ii),
9or (iii) of this paragraph (2) committed on or after June 19,
101998 or with respect to the offense listed in clause (iv) of
11this paragraph (2) committed on or after June 23, 2005 (the
12effective date of Public Act 94-71) or with respect to offense
13listed in clause (vi) committed on or after June 1, 2008 (the
14effective date of Public Act 95-625) or with respect to the
15offense of being an armed habitual criminal committed on or
16after August 2, 2005 (the effective date of Public Act 94-398)
17or with respect to the offenses listed in clause (v) of this
18paragraph (2) committed on or after August 13, 2007 (the
19effective date of Public Act 95-134) or with respect to the
20offense of aggravated domestic battery committed on or after
21July 23, 2010 (the effective date of Public Act 96-1224) or
22with respect to the offense of attempt to commit terrorism
23committed on or after January 1, 2013 (the effective date of
24Public Act 97-990), the following:
25 (i) that a prisoner who is serving a term of
26 imprisonment for first degree murder or for the offense of

SB1722 Engrossed- 56 -LRB100 11347 RLC 21730 b
1 terrorism shall receive no sentence credit and shall serve
2 the entire sentence imposed by the court;
3 (ii) that a prisoner serving a sentence for attempt to
4 commit terrorism, attempt to commit first degree murder,
5 solicitation of murder, solicitation of murder for hire,
6 intentional homicide of an unborn child, predatory
7 criminal sexual assault of a child, aggravated criminal
8 sexual assault, criminal sexual assault, aggravated
9 kidnapping, aggravated battery with a firearm as described
10 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
11 (e)(4) of Section 12-3.05, heinous battery as described in
12 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
13 being an armed habitual criminal, aggravated battery of a
14 senior citizen as described in Section 12-4.6 or
15 subdivision (a)(4) of Section 12-3.05, or aggravated
16 battery of a child as described in Section 12-4.3 or
17 subdivision (b)(1) of Section 12-3.05 shall receive no more
18 than 4.5 days of sentence credit for each month of his or
19 her sentence of imprisonment;
20 (iii) that a prisoner serving a sentence for home
21 invasion, armed robbery, aggravated vehicular hijacking,
22 aggravated discharge of a firearm, or armed violence with a
23 category I weapon or category II weapon, when the court has
24 made and entered a finding, pursuant to subsection (c-1) of
25 Section 5-4-1 of this Code, that the conduct leading to
26 conviction for the enumerated offense resulted in great

SB1722 Engrossed- 57 -LRB100 11347 RLC 21730 b
1 bodily harm to a victim, shall receive no more than 4.5
2 days of sentence credit for each month of his or her
3 sentence of imprisonment;
4 (iv) that a prisoner serving a sentence for aggravated
5 discharge of a firearm, whether or not the conduct leading
6 to conviction for the offense resulted in great bodily harm
7 to the victim, shall receive no more than 4.5 days of
8 sentence credit for each month of his or her sentence of
9 imprisonment;
10 (v) that a person serving a sentence for gunrunning,
11 narcotics racketeering, controlled substance trafficking,
12 methamphetamine trafficking, drug-induced homicide,
13 aggravated methamphetamine-related child endangerment,
14 money laundering pursuant to clause (c) (4) or (5) of
15 Section 29B-1 of the Criminal Code of 1961 or the Criminal
16 Code of 2012, or a Class X felony conviction for delivery
17 of a controlled substance, possession of a controlled
18 substance with intent to manufacture or deliver,
19 calculated criminal drug conspiracy, criminal drug
20 conspiracy, street gang criminal drug conspiracy,
21 participation in methamphetamine manufacturing, aggravated
22 participation in methamphetamine manufacturing, delivery
23 of methamphetamine, possession with intent to deliver
24 methamphetamine, aggravated delivery of methamphetamine,
25 aggravated possession with intent to deliver
26 methamphetamine, methamphetamine conspiracy when the

SB1722 Engrossed- 58 -LRB100 11347 RLC 21730 b
1 substance containing the controlled substance or
2 methamphetamine is 100 grams or more shall receive no more
3 than 7.5 days sentence credit for each month of his or her
4 sentence of imprisonment;
5 (vi) that a prisoner serving a sentence for a second or
6 subsequent offense of luring a minor shall receive no more
7 than 4.5 days of sentence credit for each month of his or
8 her sentence of imprisonment; and
9 (vii) that a prisoner serving a sentence for aggravated
10 domestic battery shall receive no more than 4.5 days of
11 sentence credit for each month of his or her sentence of
12 imprisonment.
13 (2.1) For all offenses, other than those enumerated in
14subdivision (a)(2)(i), (ii), or (iii) committed on or after
15June 19, 1998 or subdivision (a)(2)(iv) committed on or after
16June 23, 2005 (the effective date of Public Act 94-71) or
17subdivision (a)(2)(v) committed on or after August 13, 2007
18(the effective date of Public Act 95-134) or subdivision
19(a)(2)(vi) committed on or after June 1, 2008 (the effective
20date of Public Act 95-625) or subdivision (a)(2)(vii) committed
21on or after July 23, 2010 (the effective date of Public Act
2296-1224), and other than the offense of aggravated driving
23under the influence of alcohol, other drug or drugs, or
24intoxicating compound or compounds, or any combination thereof
25as defined in subparagraph (F) of paragraph (1) of subsection
26(d) of Section 11-501 of the Illinois Vehicle Code, and other

SB1722 Engrossed- 59 -LRB100 11347 RLC 21730 b
1than the offense of aggravated driving under the influence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (C) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code committed on or after
6January 1, 2011 (the effective date of Public Act 96-1230), the
7rules and regulations shall provide that a prisoner who is
8serving a term of imprisonment shall receive one day of
9sentence credit for each day of his or her sentence of
10imprisonment or recommitment under Section 3-3-9. Each day of
11sentence credit shall reduce by one day the prisoner's period
12of imprisonment or recommitment under Section 3-3-9.
13 (2.2) A prisoner serving a term of natural life
14imprisonment or a prisoner who has been sentenced to death
15shall receive no sentence credit.
16 (2.3) The rules and regulations on sentence credit shall
17provide that a prisoner who is serving a sentence for
18aggravated driving under the influence of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof as defined in subparagraph (F) of paragraph
21(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
22Code, shall receive no more than 4.5 days of sentence credit
23for each month of his or her sentence of imprisonment.
24 (2.4) The rules and regulations on sentence credit shall
25provide with respect to the offenses of aggravated battery with
26a machine gun or a firearm equipped with any device or

SB1722 Engrossed- 60 -LRB100 11347 RLC 21730 b
1attachment designed or used for silencing the report of a
2firearm or aggravated discharge of a machine gun or a firearm
3equipped with any device or attachment designed or used for
4silencing the report of a firearm, committed on or after July
515, 1999 (the effective date of Public Act 91-121), that a
6prisoner serving a sentence for any of these offenses shall
7receive no more than 4.5 days of sentence credit for each month
8of his or her sentence of imprisonment.
9 (2.5) The rules and regulations on sentence credit shall
10provide that a prisoner who is serving a sentence for
11aggravated arson committed on or after July 27, 2001 (the
12effective date of Public Act 92-176) shall receive no more than
134.5 days of sentence credit for each month of his or her
14sentence of imprisonment.
15 (2.6) The rules and regulations on sentence credit shall
16provide that a prisoner who is serving a sentence for
17aggravated driving under the influence of alcohol, other drug
18or drugs, or intoxicating compound or compounds or any
19combination thereof as defined in subparagraph (C) of paragraph
20(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
21Code committed on or after January 1, 2011 (the effective date
22of Public Act 96-1230) shall receive no more than 4.5 days of
23sentence credit for each month of his or her sentence of
24imprisonment.
25 (3) The rules and regulations shall also provide that the
26Director may award up to 180 days additional sentence credit

SB1722 Engrossed- 61 -LRB100 11347 RLC 21730 b
1for good conduct in specific instances as the Director deems
2proper. The good conduct may include, but is not limited to,
3compliance with the rules and regulations of the Department,
4service to the Department, service to a community, or service
5to the State. However, the Director shall not award more than
690 days of sentence credit for good conduct to any prisoner who
7is serving a sentence for conviction of first degree murder,
8reckless homicide while under the influence of alcohol or any
9other drug, or aggravated driving under the influence of
10alcohol, other drug or drugs, or intoxicating compound or
11compounds, or any combination thereof as defined in
12subparagraph (F) of paragraph (1) of subsection (d) of Section
1311-501 of the Illinois Vehicle Code, aggravated kidnapping,
14kidnapping, predatory criminal sexual assault of a child,
15aggravated criminal sexual assault, criminal sexual assault,
16deviate sexual assault, aggravated criminal sexual abuse,
17aggravated indecent liberties with a child, indecent liberties
18with a child, child pornography, heinous battery as described
19in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
20aggravated battery of a spouse, aggravated battery of a spouse
21with a firearm, stalking, aggravated stalking, aggravated
22battery of a child as described in Section 12-4.3 or
23subdivision (b)(1) of Section 12-3.05, endangering the life or
24health of a child, or cruelty to a child. Notwithstanding the
25foregoing, sentence credit for good conduct shall not be
26awarded on a sentence of imprisonment imposed for conviction

SB1722 Engrossed- 62 -LRB100 11347 RLC 21730 b
1of: (i) one of the offenses enumerated in subdivision
2(a)(2)(i), (ii), or (iii) when the offense is committed on or
3after June 19, 1998 or subdivision (a)(2)(iv) when the offense
4is committed on or after June 23, 2005 (the effective date of
5Public Act 94-71) or subdivision (a)(2)(v) when the offense is
6committed on or after August 13, 2007 (the effective date of
7Public Act 95-134) or subdivision (a)(2)(vi) when the offense
8is committed on or after June 1, 2008 (the effective date of
9Public Act 95-625) or subdivision (a)(2)(vii) when the offense
10is committed on or after July 23, 2010 (the effective date of
11Public Act 96-1224), (ii) aggravated driving under the
12influence of alcohol, other drug or drugs, or intoxicating
13compound or compounds, or any combination thereof as defined in
14subparagraph (F) of paragraph (1) of subsection (d) of Section
1511-501 of the Illinois Vehicle Code, (iii) one of the offenses
16enumerated in subdivision (a)(2.4) when the offense is
17committed on or after July 15, 1999 (the effective date of
18Public Act 91-121), (iv) aggravated arson when the offense is
19committed on or after July 27, 2001 (the effective date of
20Public Act 92-176), (v) offenses that may subject the offender
21to commitment under the Sexually Violent Persons Commitment
22Act, or (vi) aggravated driving under the influence of alcohol,
23other drug or drugs, or intoxicating compound or compounds or
24any combination thereof as defined in subparagraph (C) of
25paragraph (1) of subsection (d) of Section 11-501 of the
26Illinois Vehicle Code committed on or after January 1, 2011

SB1722 Engrossed- 63 -LRB100 11347 RLC 21730 b
1(the effective date of Public Act 96-1230).
2 Eligible inmates for an award of sentence credit under this
3paragraph (3) may be selected to receive the credit at the
4Director's or his or her designee's sole discretion.
5Consideration may be based on, but not limited to, any
6available risk assessment analysis on the inmate, any history
7of conviction for violent crimes as defined by the Rights of
8Crime Victims and Witnesses Act, facts and circumstances of the
9inmate's holding offense or offenses, and the potential for
10rehabilitation.
11 The Director shall not award sentence credit under this
12paragraph (3) to an inmate unless the inmate has served a
13minimum of 60 days of the sentence; except nothing in this
14paragraph shall be construed to permit the Director to extend
15an inmate's sentence beyond that which was imposed by the
16court. Prior to awarding credit under this paragraph (3), the
17Director shall make a written determination that the inmate:
18 (A) is eligible for the sentence credit;
19 (B) has served a minimum of 60 days, or as close to 60
20 days as the sentence will allow; and
21 (C) has met the eligibility criteria established by
22 rule.
23 The Director shall determine the form and content of the
24written determination required in this subsection.
25 (3.5) The Department shall provide annual written reports
26to the Governor and the General Assembly on the award of

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1sentence credit for good conduct, with the first report due
2January 1, 2014. The Department must publish both reports on
3its website within 48 hours of transmitting the reports to the
4Governor and the General Assembly. The reports must include:
5 (A) the number of inmates awarded sentence credit for
6 good conduct;
7 (B) the average amount of sentence credit for good
8 conduct awarded;
9 (C) the holding offenses of inmates awarded sentence
10 credit for good conduct; and
11 (D) the number of sentence credit for good conduct
12 revocations.
13 (4) The rules and regulations shall also provide that the
14sentence credit accumulated and retained under paragraph (2.1)
15of subsection (a) of this Section by any inmate during specific
16periods of time in which such inmate is engaged full-time in
17substance abuse programs, correctional industry assignments,
18educational programs, behavior modification programs, life
19skills courses, or re-entry planning provided by the Department
20under this paragraph (4) and satisfactorily completes the
21assigned program as determined by the standards of the
22Department, shall be multiplied by a factor of 1.25 for program
23participation before August 11, 1993 and 1.50 for program
24participation on or after that date. The rules and regulations
25shall also provide that sentence credit, subject to the same
26offense limits and multiplier provided in this paragraph, may

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1be provided to an inmate who was held in pre-trial detention
2prior to his or her current commitment to the Department of
3Corrections and successfully completed a full-time, 60-day or
4longer substance abuse program, educational program, behavior
5modification program, life skills course, or re-entry planning
6provided by the county department of corrections or county
7jail. Calculation of this county program credit shall be done
8at sentencing as provided in Section 5-4.5-100 of this Code and
9shall be included in the sentencing order. However, no inmate
10shall be eligible for the additional sentence credit under this
11paragraph (4) or (4.1) of this subsection (a) while assigned to
12a boot camp or electronic detention, or if convicted of an
13offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
14this Section that is committed on or after June 19, 1998 or
15subdivision (a)(2)(iv) of this Section that is committed on or
16after June 23, 2005 (the effective date of Public Act 94-71) or
17subdivision (a)(2)(v) of this Section that is committed on or
18after August 13, 2007 (the effective date of Public Act 95-134)
19or subdivision (a)(2)(vi) when the offense is committed on or
20after June 1, 2008 (the effective date of Public Act 95-625) or
21subdivision (a)(2)(vii) when the offense is committed on or
22after July 23, 2010 (the effective date of Public Act 96-1224),
23or if convicted of aggravated driving under the influence of
24alcohol, other drug or drugs, or intoxicating compound or
25compounds or any combination thereof as defined in subparagraph
26(F) of paragraph (1) of subsection (d) of Section 11-501 of the

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1Illinois Vehicle Code, or if convicted of aggravated driving
2under the influence of alcohol, other drug or drugs, or
3intoxicating compound or compounds or any combination thereof
4as defined in subparagraph (C) of paragraph (1) of subsection
5(d) of Section 11-501 of the Illinois Vehicle Code committed on
6or after January 1, 2011 (the effective date of Public Act
796-1230), or if convicted of an offense enumerated in paragraph
8(a)(2.4) of this Section that is committed on or after July 15,
91999 (the effective date of Public Act 91-121), or first degree
10murder, a Class X felony, criminal sexual assault, felony
11criminal sexual abuse, aggravated criminal sexual abuse,
12aggravated battery with a firearm as described in Section
1312-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
14Section 12-3.05, or any predecessor or successor offenses with
15the same or substantially the same elements, or any inchoate
16offenses relating to the foregoing offenses. No inmate shall be
17eligible for the additional good conduct credit under this
18paragraph (4) who (i) has previously received increased good
19conduct credit under this paragraph (4) and has subsequently
20been convicted of a felony, or (ii) has previously served more
21than one prior sentence of imprisonment for a felony in an
22adult correctional facility.
23 Educational, vocational, substance abuse, behavior
24modification programs, life skills courses, re-entry planning,
25and correctional industry programs under which sentence credit
26may be increased under this paragraph (4) and paragraph (4.1)

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1of this subsection (a) shall be evaluated by the Department on
2the basis of documented standards. The Department shall report
3the results of these evaluations to the Governor and the
4General Assembly by September 30th of each year. The reports
5shall include data relating to the recidivism rate among
6program participants.
7 Availability of these programs shall be subject to the
8limits of fiscal resources appropriated by the General Assembly
9for these purposes. Eligible inmates who are denied immediate
10admission shall be placed on a waiting list under criteria
11established by the Department. The inability of any inmate to
12become engaged in any such programs by reason of insufficient
13program resources or for any other reason established under the
14rules and regulations of the Department shall not be deemed a
15cause of action under which the Department or any employee or
16agent of the Department shall be liable for damages to the
17inmate.
18 (4.1) The rules and regulations shall also provide that an
19additional 90 days of sentence credit shall be awarded to any
20prisoner who passes high school equivalency testing while the
21prisoner is committed to the Department of Corrections. The
22sentence credit awarded under this paragraph (4.1) shall be in
23addition to, and shall not affect, the award of sentence credit
24under any other paragraph of this Section, but shall also be
25pursuant to the guidelines and restrictions set forth in
26paragraph (4) of subsection (a) of this Section. The sentence

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1credit provided for in this paragraph shall be available only
2to those prisoners who have not previously earned a high school
3diploma or a high school equivalency certificate. If, after an
4award of the high school equivalency testing sentence credit
5has been made, the Department determines that the prisoner was
6not eligible, then the award shall be revoked. The Department
7may also award 90 days of sentence credit to any committed
8person who passed high school equivalency testing while he or
9she was held in pre-trial detention prior to the current
10commitment to the Department of Corrections.
11 (4.5) The rules and regulations on sentence credit shall
12also provide that when the court's sentencing order recommends
13a prisoner for substance abuse treatment and the crime was
14committed on or after September 1, 2003 (the effective date of
15Public Act 93-354), the prisoner shall receive no sentence
16credit awarded under clause (3) of this subsection (a) unless
17he or she participates in and completes a substance abuse
18treatment program. The Director may waive the requirement to
19participate in or complete a substance abuse treatment program
20and award the sentence credit in specific instances if the
21prisoner is not a good candidate for a substance abuse
22treatment program for medical, programming, or operational
23reasons. Availability of substance abuse treatment shall be
24subject to the limits of fiscal resources appropriated by the
25General Assembly for these purposes. If treatment is not
26available and the requirement to participate and complete the

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1treatment has not been waived by the Director, the prisoner
2shall be placed on a waiting list under criteria established by
3the Department. The Director may allow a prisoner placed on a
4waiting list to participate in and complete a substance abuse
5education class or attend substance abuse self-help meetings in
6lieu of a substance abuse treatment program. A prisoner on a
7waiting list who is not placed in a substance abuse program
8prior to release may be eligible for a waiver and receive
9sentence credit under clause (3) of this subsection (a) at the
10discretion of the Director.
11 (4.6) The rules and regulations on sentence credit shall
12also provide that a prisoner who has been convicted of a sex
13offense as defined in Section 2 of the Sex Offender
14Registration Act shall receive no sentence credit unless he or
15she either has successfully completed or is participating in
16sex offender treatment as defined by the Sex Offender
17Management Board. However, prisoners who are waiting to receive
18treatment, but who are unable to do so due solely to the lack
19of resources on the part of the Department, may, at the
20Director's sole discretion, be awarded sentence credit at a
21rate as the Director shall determine.
22 (5) Whenever the Department is to release any inmate
23earlier than it otherwise would because of a grant of sentence
24credit for good conduct under paragraph (3) of subsection (a)
25of this Section given at any time during the term, the
26Department shall give reasonable notice of the impending

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1release not less than 14 days prior to the date of the release
2to the State's Attorney of the county where the prosecution of
3the inmate took place, and if applicable, the State's Attorney
4of the county into which the inmate will be released. The
5Department must also make identification information and a
6recent photo of the inmate being released accessible on the
7Internet by means of a hyperlink labeled "Community
8Notification of Inmate Early Release" on the Department's World
9Wide Web homepage. The identification information shall
10include the inmate's: name, any known alias, date of birth,
11physical characteristics, commitment offense and county where
12conviction was imposed. The identification information shall
13be placed on the website within 3 days of the inmate's release
14and the information may not be removed until either: completion
15of the first year of mandatory supervised release or return of
16the inmate to custody of the Department.
17 (b) Whenever a person is or has been committed under
18several convictions, with separate sentences, the sentences
19shall be construed under Section 5-8-4 in granting and
20forfeiting of sentence credit.
21 (c) The Department shall prescribe rules and regulations
22for revoking sentence credit, including revoking sentence
23credit awarded for good conduct under paragraph (3) of
24subsection (a) of this Section. The Department shall prescribe
25rules and regulations for suspending or reducing the rate of
26accumulation of sentence credit for specific rule violations,

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1during imprisonment. These rules and regulations shall provide
2that no inmate may be penalized more than one year of sentence
3credit for any one infraction.
4 When the Department seeks to revoke, suspend or reduce the
5rate of accumulation of any sentence credits for an alleged
6infraction of its rules, it shall bring charges therefor
7against the prisoner sought to be so deprived of sentence
8credits before the Prisoner Review Board as provided in
9subparagraph (a)(4) of Section 3-3-2 of this Code, if the
10amount of credit at issue exceeds 30 days or when during any 12
11month period, the cumulative amount of credit revoked exceeds
1230 days except where the infraction is committed or discovered
13within 60 days of scheduled release. In those cases, the
14Department of Corrections may revoke up to 30 days of sentence
15credit. The Board may subsequently approve the revocation of
16additional sentence credit, if the Department seeks to revoke
17sentence credit in excess of 30 days. However, the Board shall
18not be empowered to review the Department's decision with
19respect to the loss of 30 days of sentence credit within any
20calendar year for any prisoner or to increase any penalty
21beyond the length requested by the Department.
22 The Director of the Department of Corrections, in
23appropriate cases, may restore up to 30 days of sentence
24credits which have been revoked, suspended or reduced. Any
25restoration of sentence credits in excess of 30 days shall be
26subject to review by the Prisoner Review Board. However, the

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1Board may not restore sentence credit in excess of the amount
2requested by the Director.
3 Nothing contained in this Section shall prohibit the
4Prisoner Review Board from ordering, pursuant to Section
53-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
6sentence imposed by the court that was not served due to the
7accumulation of sentence credit.
8 (d) If a lawsuit is filed by a prisoner in an Illinois or
9federal court against the State, the Department of Corrections,
10or the Prisoner Review Board, or against any of their officers
11or employees, and the court makes a specific finding that a
12pleading, motion, or other paper filed by the prisoner is
13frivolous, the Department of Corrections shall conduct a
14hearing to revoke up to 180 days of sentence credit by bringing
15charges against the prisoner sought to be deprived of the
16sentence credits before the Prisoner Review Board as provided
17in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
18prisoner has not accumulated 180 days of sentence credit at the
19time of the finding, then the Prisoner Review Board may revoke
20all sentence credit accumulated by the prisoner.
21 For purposes of this subsection (d):
22 (1) "Frivolous" means that a pleading, motion, or other
23 filing which purports to be a legal document filed by a
24 prisoner in his or her lawsuit meets any or all of the
25 following criteria:
26 (A) it lacks an arguable basis either in law or in

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1 fact;
2 (B) it is being presented for any improper purpose,
3 such as to harass or to cause unnecessary delay or
4 needless increase in the cost of litigation;
5 (C) the claims, defenses, and other legal
6 contentions therein are not warranted by existing law
7 or by a nonfrivolous argument for the extension,
8 modification, or reversal of existing law or the
9 establishment of new law;
10 (D) the allegations and other factual contentions
11 do not have evidentiary support or, if specifically so
12 identified, are not likely to have evidentiary support
13 after a reasonable opportunity for further
14 investigation or discovery; or
15 (E) the denials of factual contentions are not
16 warranted on the evidence, or if specifically so
17 identified, are not reasonably based on a lack of
18 information or belief.
19 (2) "Lawsuit" means a motion pursuant to Section 116-3
20 of the Code of Criminal Procedure of 1963, a habeas corpus
21 action under Article X of the Code of Civil Procedure or
22 under federal law (28 U.S.C. 2254), a petition for claim
23 under the Court of Claims Act, an action under the federal
24 Civil Rights Act (42 U.S.C. 1983), or a second or
25 subsequent petition for post-conviction relief under
26 Article 122 of the Code of Criminal Procedure of 1963

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1 whether filed with or without leave of court or a second or
2 subsequent petition for relief from judgment under Section
3 2-1401 of the Code of Civil Procedure.
4 (e) Nothing in Public Act 90-592 or 90-593 affects the
5validity of Public Act 89-404.
6 (f) Whenever the Department is to release any inmate who
7has been convicted of a violation of an order of protection
8under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
9the Criminal Code of 2012, earlier than it otherwise would
10because of a grant of sentence credit, the Department, as a
11condition of release, shall require that the person, upon
12release, be placed under electronic surveillance as provided in
13Section 5-8A-7 of this Code.
14(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
15eff. 1-1-16; 99-642, eff. 7-28-16.)
16 (Text of Section after amendment by P.A. 99-938)
17 Sec. 3-6-3. Rules and regulations for sentence credit.
18 (a)(1) The Department of Corrections shall prescribe rules
19and regulations for awarding and revoking sentence credit for
20persons committed to the Department which shall be subject to
21review by the Prisoner Review Board.
22 (1.5) As otherwise provided by law, sentence credit may be
23awarded for the following:
24 (A) successful completion of programming while in
25 custody of the Department or while in custody prior to

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1 sentencing;
2 (B) compliance with the rules and regulations of the
3 Department; or
4 (C) service to the institution, service to a community,
5 or service to the State.
6 (2) Except as provided in paragraph (4.7) of this
7subsection (a), the The rules and regulations on sentence
8credit shall provide, with respect to offenses listed in clause
9(i), (ii), or (iii) of this paragraph (2) committed on or after
10June 19, 1998 or with respect to the offense listed in clause
11(iv) of this paragraph (2) committed on or after June 23, 2005
12(the effective date of Public Act 94-71) or with respect to
13offense listed in clause (vi) committed on or after June 1,
142008 (the effective date of Public Act 95-625) or with respect
15to the offense of being an armed habitual criminal committed on
16or after August 2, 2005 (the effective date of Public Act
1794-398) or with respect to the offenses listed in clause (v) of
18this paragraph (2) committed on or after August 13, 2007 (the
19effective date of Public Act 95-134) or with respect to the
20offense of aggravated domestic battery committed on or after
21July 23, 2010 (the effective date of Public Act 96-1224) or
22with respect to the offense of attempt to commit terrorism
23committed on or after January 1, 2013 (the effective date of
24Public Act 97-990), the following:
25 (i) that a prisoner who is serving a term of
26 imprisonment for first degree murder or for the offense of

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1 terrorism shall receive no sentence credit and shall serve
2 the entire sentence imposed by the court;
3 (ii) that a prisoner serving a sentence for attempt to
4 commit terrorism, attempt to commit first degree murder,
5 solicitation of murder, solicitation of murder for hire,
6 intentional homicide of an unborn child, predatory
7 criminal sexual assault of a child, aggravated criminal
8 sexual assault, criminal sexual assault, aggravated
9 kidnapping, aggravated battery with a firearm as described
10 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
11 (e)(4) of Section 12-3.05, heinous battery as described in
12 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
13 being an armed habitual criminal, aggravated battery of a
14 senior citizen as described in Section 12-4.6 or
15 subdivision (a)(4) of Section 12-3.05, or aggravated
16 battery of a child as described in Section 12-4.3 or
17 subdivision (b)(1) of Section 12-3.05 shall receive no more
18 than 4.5 days of sentence credit for each month of his or
19 her sentence of imprisonment;
20 (iii) that a prisoner serving a sentence for home
21 invasion, armed robbery, aggravated vehicular hijacking,
22 aggravated discharge of a firearm, or armed violence with a
23 category I weapon or category II weapon, when the court has
24 made and entered a finding, pursuant to subsection (c-1) of
25 Section 5-4-1 of this Code, that the conduct leading to
26 conviction for the enumerated offense resulted in great

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1 bodily harm to a victim, shall receive no more than 4.5
2 days of sentence credit for each month of his or her
3 sentence of imprisonment;
4 (iv) that a prisoner serving a sentence for aggravated
5 discharge of a firearm, whether or not the conduct leading
6 to conviction for the offense resulted in great bodily harm
7 to the victim, shall receive no more than 4.5 days of
8 sentence credit for each month of his or her sentence of
9 imprisonment;
10 (v) that a person serving a sentence for gunrunning,
11 narcotics racketeering, controlled substance trafficking,
12 methamphetamine trafficking, drug-induced homicide,
13 aggravated methamphetamine-related child endangerment,
14 money laundering pursuant to clause (c) (4) or (5) of
15 Section 29B-1 of the Criminal Code of 1961 or the Criminal
16 Code of 2012, or a Class X felony conviction for delivery
17 of a controlled substance, possession of a controlled
18 substance with intent to manufacture or deliver,
19 calculated criminal drug conspiracy, criminal drug
20 conspiracy, street gang criminal drug conspiracy,
21 participation in methamphetamine manufacturing, aggravated
22 participation in methamphetamine manufacturing, delivery
23 of methamphetamine, possession with intent to deliver
24 methamphetamine, aggravated delivery of methamphetamine,
25 aggravated possession with intent to deliver
26 methamphetamine, methamphetamine conspiracy when the

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1 substance containing the controlled substance or
2 methamphetamine is 100 grams or more shall receive no more
3 than 7.5 days sentence credit for each month of his or her
4 sentence of imprisonment;
5 (vi) that a prisoner serving a sentence for a second or
6 subsequent offense of luring a minor shall receive no more
7 than 4.5 days of sentence credit for each month of his or
8 her sentence of imprisonment; and
9 (vii) that a prisoner serving a sentence for aggravated
10 domestic battery shall receive no more than 4.5 days of
11 sentence credit for each month of his or her sentence of
12 imprisonment.
13 (2.1) For all offenses, other than those enumerated in
14subdivision (a)(2)(i), (ii), or (iii) committed on or after
15June 19, 1998 or subdivision (a)(2)(iv) committed on or after
16June 23, 2005 (the effective date of Public Act 94-71) or
17subdivision (a)(2)(v) committed on or after August 13, 2007
18(the effective date of Public Act 95-134) or subdivision
19(a)(2)(vi) committed on or after June 1, 2008 (the effective
20date of Public Act 95-625) or subdivision (a)(2)(vii) committed
21on or after July 23, 2010 (the effective date of Public Act
2296-1224), and other than the offense of aggravated driving
23under the influence of alcohol, other drug or drugs, or
24intoxicating compound or compounds, or any combination thereof
25as defined in subparagraph (F) of paragraph (1) of subsection
26(d) of Section 11-501 of the Illinois Vehicle Code, and other

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1than the offense of aggravated driving under the influence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (C) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code committed on or after
6January 1, 2011 (the effective date of Public Act 96-1230), the
7rules and regulations shall provide that a prisoner who is
8serving a term of imprisonment shall receive one day of
9sentence credit for each day of his or her sentence of
10imprisonment or recommitment under Section 3-3-9. Each day of
11sentence credit shall reduce by one day the prisoner's period
12of imprisonment or recommitment under Section 3-3-9.
13 (2.2) A prisoner serving a term of natural life
14imprisonment or a prisoner who has been sentenced to death
15shall receive no sentence credit.
16 (2.3) Except as provided in paragraph (4.7) of this
17subsection (a), the The rules and regulations on sentence
18credit shall provide that a prisoner who is serving a sentence
19for aggravated driving under the influence of alcohol, other
20drug or drugs, or intoxicating compound or compounds, or any
21combination thereof as defined in subparagraph (F) of paragraph
22(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
23Code, shall receive no more than 4.5 days of sentence credit
24for each month of his or her sentence of imprisonment.
25 (2.4) Except as provided in paragraph (4.7) of this
26subsection (a), the The rules and regulations on sentence

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1credit shall provide with respect to the offenses of aggravated
2battery with a machine gun or a firearm equipped with any
3device or attachment designed or used for silencing the report
4of a firearm or aggravated discharge of a machine gun or a
5firearm equipped with any device or attachment designed or used
6for silencing the report of a firearm, committed on or after
7July 15, 1999 (the effective date of Public Act 91-121), that a
8prisoner serving a sentence for any of these offenses shall
9receive no more than 4.5 days of sentence credit for each month
10of his or her sentence of imprisonment.
11 (2.5) Except as provided in paragraph (4.7) of this
12subsection (a), the The rules and regulations on sentence
13credit shall provide that a prisoner who is serving a sentence
14for aggravated arson committed on or after July 27, 2001 (the
15effective date of Public Act 92-176) shall receive no more than
164.5 days of sentence credit for each month of his or her
17sentence of imprisonment.
18 (2.6) Except as provided in paragraph (4.7) of this
19subsection (a), the The rules and regulations on sentence
20credit shall provide that a prisoner who is serving a sentence
21for aggravated driving under the influence of alcohol, other
22drug or drugs, or intoxicating compound or compounds or any
23combination thereof as defined in subparagraph (C) of paragraph
24(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
25Code committed on or after January 1, 2011 (the effective date
26of Public Act 96-1230) shall receive no more than 4.5 days of

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1sentence credit for each month of his or her sentence of
2imprisonment.
3 (3) Except as provided in paragraph (4.7) of this
4subsection (a), the The rules and regulations shall also
5provide that the Director may award up to 180 days of earned
6sentence credit for good conduct in specific instances as the
7Director deems proper. The good conduct may include, but is not
8limited to, compliance with the rules and regulations of the
9Department, service to the Department, service to a community,
10or service to the State.
11 Eligible inmates for an award of earned sentence credit
12under this paragraph (3) may be selected to receive the credit
13at the Director's or his or her designee's sole discretion.
14Eligibility for the additional earned sentence credit under
15this paragraph (3) shall be based on, but is not limited to,
16the results of any available risk/needs assessment or other
17relevant assessments or evaluations administered by the
18Department using a validated instrument, the circumstances of
19the crime, any history of conviction for a forcible felony
20enumerated in Section 2-8 of the Criminal Code of 2012, the
21inmate's behavior and disciplinary history while incarcerated,
22and the inmate's commitment to rehabilitation, including
23participation in programming offered by the Department.
24 The Director shall not award sentence credit under this
25paragraph (3) to an inmate unless the inmate has served a
26minimum of 60 days of the sentence; except nothing in this

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1paragraph shall be construed to permit the Director to extend
2an inmate's sentence beyond that which was imposed by the
3court. Prior to awarding credit under this paragraph (3), the
4Director shall make a written determination that the inmate:
5 (A) is eligible for the earned sentence credit;
6 (B) has served a minimum of 60 days, or as close to 60
7 days as the sentence will allow;
8 (B-1) has received a risk/needs assessment or other
9 relevant evaluation or assessment administered by the
10 Department using a validated instrument; and
11 (C) has met the eligibility criteria established under
12 paragraph (4) of this subsection (a) and by rule for earned
13 sentence credit.
14 The Director shall determine the form and content of the
15written determination required in this subsection.
16 (3.5) The Department shall provide annual written reports
17to the Governor and the General Assembly on the award of earned
18sentence credit no later than February 1 of each year. The
19Department must publish both reports on its website within 48
20hours of transmitting the reports to the Governor and the
21General Assembly. The reports must include:
22 (A) the number of inmates awarded earned sentence
23 credit;
24 (B) the average amount of earned sentence credit
25 awarded;
26 (C) the holding offenses of inmates awarded earned

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1 sentence credit; and
2 (D) the number of earned sentence credit revocations.
3 (4) Except as provided in paragraph (4.7) of this
4subsection (a), the The rules and regulations shall also
5provide that the sentence credit accumulated and retained under
6paragraph (2.1) of subsection (a) of this Section by any inmate
7during specific periods of time in which such inmate is engaged
8full-time in substance abuse programs, correctional industry
9assignments, educational programs, behavior modification
10programs, life skills courses, or re-entry planning provided by
11the Department under this paragraph (4) and satisfactorily
12completes the assigned program as determined by the standards
13of the Department, shall be multiplied by a factor of 1.25 for
14program participation before August 11, 1993 and 1.50 for
15program participation on or after that date. The rules and
16regulations shall also provide that sentence credit, subject to
17the same offense limits and multiplier provided in this
18paragraph, may be provided to an inmate who was held in
19pre-trial detention prior to his or her current commitment to
20the Department of Corrections and successfully completed a
21full-time, 60-day or longer substance abuse program,
22educational program, behavior modification program, life
23skills course, or re-entry planning provided by the county
24department of corrections or county jail. Calculation of this
25county program credit shall be done at sentencing as provided
26in Section 5-4.5-100 of this Code and shall be included in the

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1sentencing order. However, no inmate shall be eligible for the
2additional sentence credit under this paragraph (4) or (4.1) of
3this subsection (a) while assigned to a boot camp or electronic
4detention, or if convicted of an offense enumerated in
5subdivision (a)(2)(i), (ii), or (iii) of this Section that is
6committed on or after June 19, 1998 or subdivision (a)(2)(iv)
7of this Section that is committed on or after June 23, 2005
8(the effective date of Public Act 94-71) or subdivision
9(a)(2)(v) of this Section that is committed on or after August
1013, 2007 (the effective date of Public Act 95-134) or
11subdivision (a)(2)(vi) when the offense is committed on or
12after June 1, 2008 (the effective date of Public Act 95-625) or
13subdivision (a)(2)(vii) when the offense is committed on or
14after July 23, 2010 (the effective date of Public Act 96-1224),
15or if convicted of aggravated driving under the influence of
16alcohol, other drug or drugs, or intoxicating compound or
17compounds or any combination thereof as defined in subparagraph
18(F) of paragraph (1) of subsection (d) of Section 11-501 of the
19Illinois Vehicle Code, or if convicted of aggravated driving
20under the influence of alcohol, other drug or drugs, or
21intoxicating compound or compounds or any combination thereof
22as defined in subparagraph (C) of paragraph (1) of subsection
23(d) of Section 11-501 of the Illinois Vehicle Code committed on
24or after January 1, 2011 (the effective date of Public Act
2596-1230), or if convicted of an offense enumerated in paragraph
26(a)(2.4) of this Section that is committed on or after July 15,

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11999 (the effective date of Public Act 91-121), or first degree
2murder, a Class X felony, criminal sexual assault, felony
3criminal sexual abuse, aggravated criminal sexual abuse,
4aggravated battery with a firearm as described in Section
512-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
6Section 12-3.05, or any predecessor or successor offenses with
7the same or substantially the same elements, or any inchoate
8offenses relating to the foregoing offenses.
9 Educational, vocational, substance abuse, behavior
10modification programs, life skills courses, re-entry planning,
11and correctional industry programs under which sentence credit
12may be increased under this paragraph (4) and paragraph (4.1)
13of this subsection (a) shall be evaluated by the Department on
14the basis of documented standards. The Department shall report
15the results of these evaluations to the Governor and the
16General Assembly by September 30th of each year. The reports
17shall include data relating to the recidivism rate among
18program participants.
19 Availability of these programs shall be subject to the
20limits of fiscal resources appropriated by the General Assembly
21for these purposes. Eligible inmates who are denied immediate
22admission shall be placed on a waiting list under criteria
23established by the Department. The inability of any inmate to
24become engaged in any such programs by reason of insufficient
25program resources or for any other reason established under the
26rules and regulations of the Department shall not be deemed a

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1cause of action under which the Department or any employee or
2agent of the Department shall be liable for damages to the
3inmate.
4 (4.1) Except as provided in paragraph (4.7) of this
5subsection (a), the The rules and regulations shall also
6provide that an additional 90 days of sentence credit shall be
7awarded to any prisoner who passes high school equivalency
8testing while the prisoner is committed to the Department of
9Corrections. The sentence credit awarded under this paragraph
10(4.1) shall be in addition to, and shall not affect, the award
11of sentence credit under any other paragraph of this Section,
12but shall also be pursuant to the guidelines and restrictions
13set forth in paragraph (4) of subsection (a) of this Section.
14The sentence credit provided for in this paragraph shall be
15available only to those prisoners who have not previously
16earned a high school diploma or a high school equivalency
17certificate. If, after an award of the high school equivalency
18testing sentence credit has been made, the Department
19determines that the prisoner was not eligible, then the award
20shall be revoked. The Department may also award 90 days of
21sentence credit to any committed person who passed high school
22equivalency testing while he or she was held in pre-trial
23detention prior to the current commitment to the Department of
24Corrections.
25 (4.5) The rules and regulations on sentence credit shall
26also provide that when the court's sentencing order recommends

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1a prisoner for substance abuse treatment and the crime was
2committed on or after September 1, 2003 (the effective date of
3Public Act 93-354), the prisoner shall receive no sentence
4credit awarded under clause (3) of this subsection (a) unless
5he or she participates in and completes a substance abuse
6treatment program. The Director may waive the requirement to
7participate in or complete a substance abuse treatment program
8in specific instances if the prisoner is not a good candidate
9for a substance abuse treatment program for medical,
10programming, or operational reasons. Availability of substance
11abuse treatment shall be subject to the limits of fiscal
12resources appropriated by the General Assembly for these
13purposes. If treatment is not available and the requirement to
14participate and complete the treatment has not been waived by
15the Director, the prisoner shall be placed on a waiting list
16under criteria established by the Department. The Director may
17allow a prisoner placed on a waiting list to participate in and
18complete a substance abuse education class or attend substance
19abuse self-help meetings in lieu of a substance abuse treatment
20program. A prisoner on a waiting list who is not placed in a
21substance abuse program prior to release may be eligible for a
22waiver and receive sentence credit under clause (3) of this
23subsection (a) at the discretion of the Director.
24 (4.6) The rules and regulations on sentence credit shall
25also provide that a prisoner who has been convicted of a sex
26offense as defined in Section 2 of the Sex Offender

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1Registration Act shall receive no sentence credit unless he or
2she either has successfully completed or is participating in
3sex offender treatment as defined by the Sex Offender
4Management Board. However, prisoners who are waiting to receive
5treatment, but who are unable to do so due solely to the lack
6of resources on the part of the Department, may, at the
7Director's sole discretion, be awarded sentence credit at a
8rate as the Director shall determine.
9 (4.7) On or after the effective date of this amendatory Act
10of the 100th General Assembly, sentence credit under paragraph
11(3), (4), or (4.1) of this subsection (a) may be awarded to a
12prisoner who is serving a sentence for an offense described in
13paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
14on or after the effective date of this amendatory Act of the
15100th General Assembly; provided, the award of the credits
16under this paragraph (4.7) shall not reduce the sentence of the
17prisoner to less than the following amounts:
18 (i) 85% of his or her sentence if the prisoner is
19 required to serve 85% of his or her sentence; or
20 (ii) 60% of his or her sentence if the prisoner is
21 required to serve 75% of his or her sentence, except if the
22 prisoner is serving a sentence for gunrunning his or her
23 sentence shall not be reduced to less than 75%.
24 This paragraph (4.7) shall not apply to a prisoner serving
25a sentence for an offense described in subparagraph (i) of
26paragraph (2) of this subsection (a).

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1 (5) Whenever the Department is to release any inmate
2earlier than it otherwise would because of a grant of earned
3sentence credit under paragraph (3) of subsection (a) of this
4Section given at any time during the term, the Department shall
5give reasonable notice of the impending release not less than
614 days prior to the date of the release to the State's
7Attorney of the county where the prosecution of the inmate took
8place, and if applicable, the State's Attorney of the county
9into which the inmate will be released. The Department must
10also make identification information and a recent photo of the
11inmate being released accessible on the Internet by means of a
12hyperlink labeled "Community Notification of Inmate Early
13Release" on the Department's World Wide Web homepage. The
14identification information shall include the inmate's: name,
15any known alias, date of birth, physical characteristics,
16commitment offense and county where conviction was imposed. The
17identification information shall be placed on the website
18within 3 days of the inmate's release and the information may
19not be removed until either: completion of the first year of
20mandatory supervised release or return of the inmate to custody
21of the Department.
22 (b) Whenever a person is or has been committed under
23several convictions, with separate sentences, the sentences
24shall be construed under Section 5-8-4 in granting and
25forfeiting of sentence credit.
26 (c) The Department shall prescribe rules and regulations

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1for revoking sentence credit, including revoking sentence
2credit awarded under paragraph (3) of subsection (a) of this
3Section. The Department shall prescribe rules and regulations
4for suspending or reducing the rate of accumulation of sentence
5credit for specific rule violations, during imprisonment.
6These rules and regulations shall provide that no inmate may be
7penalized more than one year of sentence credit for any one
8infraction.
9 When the Department seeks to revoke, suspend or reduce the
10rate of accumulation of any sentence credits for an alleged
11infraction of its rules, it shall bring charges therefor
12against the prisoner sought to be so deprived of sentence
13credits before the Prisoner Review Board as provided in
14subparagraph (a)(4) of Section 3-3-2 of this Code, if the
15amount of credit at issue exceeds 30 days or when during any 12
16month period, the cumulative amount of credit revoked exceeds
1730 days except where the infraction is committed or discovered
18within 60 days of scheduled release. In those cases, the
19Department of Corrections may revoke up to 30 days of sentence
20credit. The Board may subsequently approve the revocation of
21additional sentence credit, if the Department seeks to revoke
22sentence credit in excess of 30 days. However, the Board shall
23not be empowered to review the Department's decision with
24respect to the loss of 30 days of sentence credit within any
25calendar year for any prisoner or to increase any penalty
26beyond the length requested by the Department.

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1 The Director of the Department of Corrections, in
2appropriate cases, may restore up to 30 days of sentence
3credits which have been revoked, suspended or reduced. Any
4restoration of sentence credits in excess of 30 days shall be
5subject to review by the Prisoner Review Board. However, the
6Board may not restore sentence credit in excess of the amount
7requested by the Director.
8 Nothing contained in this Section shall prohibit the
9Prisoner Review Board from ordering, pursuant to Section
103-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
11sentence imposed by the court that was not served due to the
12accumulation of sentence credit.
13 (d) If a lawsuit is filed by a prisoner in an Illinois or
14federal court against the State, the Department of Corrections,
15or the Prisoner Review Board, or against any of their officers
16or employees, and the court makes a specific finding that a
17pleading, motion, or other paper filed by the prisoner is
18frivolous, the Department of Corrections shall conduct a
19hearing to revoke up to 180 days of sentence credit by bringing
20charges against the prisoner sought to be deprived of the
21sentence credits before the Prisoner Review Board as provided
22in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
23prisoner has not accumulated 180 days of sentence credit at the
24time of the finding, then the Prisoner Review Board may revoke
25all sentence credit accumulated by the prisoner.
26 For purposes of this subsection (d):

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1 (1) "Frivolous" means that a pleading, motion, or other
2 filing which purports to be a legal document filed by a
3 prisoner in his or her lawsuit meets any or all of the
4 following criteria:
5 (A) it lacks an arguable basis either in law or in
6 fact;
7 (B) it is being presented for any improper purpose,
8 such as to harass or to cause unnecessary delay or
9 needless increase in the cost of litigation;
10 (C) the claims, defenses, and other legal
11 contentions therein are not warranted by existing law
12 or by a nonfrivolous argument for the extension,
13 modification, or reversal of existing law or the
14 establishment of new law;
15 (D) the allegations and other factual contentions
16 do not have evidentiary support or, if specifically so
17 identified, are not likely to have evidentiary support
18 after a reasonable opportunity for further
19 investigation or discovery; or
20 (E) the denials of factual contentions are not
21 warranted on the evidence, or if specifically so
22 identified, are not reasonably based on a lack of
23 information or belief.
24 (2) "Lawsuit" means a motion pursuant to Section 116-3
25 of the Code of Criminal Procedure of 1963, a habeas corpus
26 action under Article X of the Code of Civil Procedure or

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1 under federal law (28 U.S.C. 2254), a petition for claim
2 under the Court of Claims Act, an action under the federal
3 Civil Rights Act (42 U.S.C. 1983), or a second or
4 subsequent petition for post-conviction relief under
5 Article 122 of the Code of Criminal Procedure of 1963
6 whether filed with or without leave of court or a second or
7 subsequent petition for relief from judgment under Section
8 2-1401 of the Code of Civil Procedure.
9 (e) Nothing in Public Act 90-592 or 90-593 affects the
10validity of Public Act 89-404.
11 (f) Whenever the Department is to release any inmate who
12has been convicted of a violation of an order of protection
13under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
14the Criminal Code of 2012, earlier than it otherwise would
15because of a grant of sentence credit, the Department, as a
16condition of release, shall require that the person, upon
17release, be placed under electronic surveillance as provided in
18Section 5-8A-7 of this Code.
19(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
20eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)
21 (730 ILCS 5/5-4.5-95)
22 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
23 (a) HABITUAL CRIMINALS.
24 (1) Every person who has been twice convicted in any
25 state or federal court of an offense that contains the same

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1 elements as an offense now (the date of the offense
2 committed after the 2 prior convictions) classified in
3 Illinois as a Class X felony, criminal sexual assault,
4 aggravated kidnapping, or first degree murder, and who is
5 thereafter convicted of a Class X felony, criminal sexual
6 assault, or first degree murder, committed after the 2
7 prior convictions, shall be adjudged an habitual criminal.
8 (2) The 2 prior convictions need not have been for the
9 same offense.
10 (3) Any convictions that result from or are connected
11 with the same transaction, or result from offenses
12 committed at the same time, shall be counted for the
13 purposes of this Section as one conviction.
14 (4) This Section does not apply unless each of the
15 following requirements are satisfied:
16 (A) The third offense was committed after July 3,
17 1980.
18 (B) The third offense was committed within 20 years
19 of the date that judgment was entered on the first
20 conviction; provided, however, that time spent in
21 custody shall not be counted.
22 (C) The third offense was committed after
23 conviction on the second offense.
24 (D) The second offense was committed after
25 conviction on the first offense.
26 (5) Anyone who, having attained the age of 18 at the

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1 time of the third offense, is adjudged an habitual criminal
2 shall be sentenced to a term of natural life imprisonment.
3 (6) A prior conviction shall not be alleged in the
4 indictment, and no evidence or other disclosure of that
5 conviction shall be presented to the court or the jury
6 during the trial of an offense set forth in this Section
7 unless otherwise permitted by the issues properly raised in
8 that trial. After a plea or verdict or finding of guilty
9 and before sentence is imposed, the prosecutor may file
10 with the court a verified written statement signed by the
11 State's Attorney concerning any former conviction of an
12 offense set forth in this Section rendered against the
13 defendant. The court shall then cause the defendant to be
14 brought before it; shall inform the defendant of the
15 allegations of the statement so filed, and of his or her
16 right to a hearing before the court on the issue of that
17 former conviction and of his or her right to counsel at
18 that hearing; and unless the defendant admits such
19 conviction, shall hear and determine the issue, and shall
20 make a written finding thereon. If a sentence has
21 previously been imposed, the court may vacate that sentence
22 and impose a new sentence in accordance with this Section.
23 (7) A duly authenticated copy of the record of any
24 alleged former conviction of an offense set forth in this
25 Section shall be prima facie evidence of that former
26 conviction; and a duly authenticated copy of the record of

SB1722 Engrossed- 96 -LRB100 11347 RLC 21730 b
1 the defendant's final release or discharge from probation
2 granted, or from sentence and parole supervision (if any)
3 imposed pursuant to that former conviction, shall be prima
4 facie evidence of that release or discharge.
5 (8) Any claim that a previous conviction offered by the
6 prosecution is not a former conviction of an offense set
7 forth in this Section because of the existence of any
8 exceptions described in this Section, is waived unless duly
9 raised at the hearing on that conviction, or unless the
10 prosecution's proof shows the existence of the exceptions
11 described in this Section.
12 (9) If the person so convicted shows to the
13 satisfaction of the court before whom that conviction was
14 had that he or she was released from imprisonment, upon
15 either of the sentences upon a pardon granted for the
16 reason that he or she was innocent, that conviction and
17 sentence shall not be considered under this Section.
18 (b) When a defendant, over the age of 21 years, is
19convicted of a Class 1 or Class 2 felony, except for an offense
20listed in subsection (c) of this Section, after having twice
21been convicted in any state or federal court of an offense that
22contains the same elements as an offense now (the date the
23Class 1 or Class 2 felony was committed) classified in Illinois
24as a Class 2 or greater Class felony, except for an offense
25listed in subsection (c) of this Section, and those charges are
26separately brought and tried and arise out of different series

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1of acts, that defendant shall be sentenced as a Class X
2offender. This subsection does not apply unless:
3 (1) the first felony was committed after February 1,
4 1978 (the effective date of Public Act 80-1099);
5 (2) the second felony was committed after conviction on
6 the first; and
7 (3) the third felony was committed after conviction on
8 the second.
9 (c) Subsection (b) of this Section does not apply to Class
101 or Class 2 felony convictions for a violation of Section 16-1
11of the Criminal Code of 2012.
12 A person sentenced as a Class X offender under this
13subsection (b) is not eligible to apply for treatment as a
14condition of probation as provided by Section 40-10 of the
15Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
16301/40-10).
17(Source: P.A. 99-69, eff. 1-1-16.)
18 (730 ILCS 5/5-4.5-110 new)
19 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
20PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
21 (a) DEFINITIONS. For the purposes of this Section:
22 "Firearm" has the meaning ascribed to it in Section 1.1
23 of the Firearm Owners Identification Card Act.
24 "Qualifying predicate offense" means the following
25 offenses under the Criminal Code of 2012:

SB1722 Engrossed- 98 -LRB100 11347 RLC 21730 b
1 (A) aggravated unlawful use of a weapon under
2 Section 24-1.6 or similar offense under the Criminal
3 Code of 1961, when the weapon is a firearm;
4 (B) unlawful use or possession of a weapon by a
5 felon under Section 24-1.1 or similar offense under the
6 Criminal Code of 1961, when the weapon is a firearm;
7 (C) first degree murder under Section 9-1 or
8 similar offense under the Criminal Code of 1961;
9 (D) attempted first degree murder with a firearm or
10 similar offense under the Criminal Code of 1961;
11 (E) aggravated kidnapping with a firearm under
12 paragraph (6) or (7) of subsection (a) of Section 10-2
13 or similar offense under the Criminal Code of 1961;
14 (F) aggravated battery with a firearm under
15 subsection (e) of Section 12-3.05 or similar offense
16 under the Criminal Code of 1961;
17 (G) aggravated criminal sexual assault under
18 Section 11-1.30 or similar offense under the Criminal
19 Code of 1961;
20 (H) predatory criminal sexual assault of a child
21 under Section 11-1.40 or similar offense under the
22 Criminal Code of 1961;
23 (I) armed robbery under Section 18-2 or similar
24 offense under the Criminal Code of 1961;
25 (J) vehicular hijacking under Section 18-3 or
26 similar offense under the Criminal Code of 1961;

SB1722 Engrossed- 99 -LRB100 11347 RLC 21730 b
1 (K) aggravated vehicular hijacking under Section
2 18-4 or similar offense under the Criminal Code of
3 1961;
4 (L) home invasion with a firearm under paragraph
5 (3), (4), or (5) of subsection (a) of Section 19-6 or
6 similar offense under the Criminal Code of 1961;
7 (M) aggravated discharge of a firearm under
8 Section 24-1.2 or similar offense under the Criminal
9 Code of 1961;
10 (N) aggravated discharge of a machine gun or a
11 firearm equipped with a device designed or used for
12 silencing the report of a firearm under Section
13 24-1.2-5 or similar offense under the Criminal Code of
14 1961;
15 (0) unlawful use of firearm projectiles under
16 Section 24-2.1 or similar offense under the Criminal
17 Code of 1961;
18 (P) manufacture, sale, or transfer of bullets or
19 shells represented to be armor piercing bullets,
20 dragon's breath shotgun shells, bolo shells, or
21 flechette shells under Section 24-2.2 or similar
22 offense under the Criminal Code of 1961;
23 (Q) unlawful sale or delivery of firearms under
24 Section 24-3 or similar offense under the Criminal Code
25 of 1961;
26 (R) unlawful discharge of firearm projectiles

SB1722 Engrossed- 100 -LRB100 11347 RLC 21730 b
1 under Section 24-3.2 or similar offense under the
2 Criminal Code of 1961;
3 (S) unlawful sale or delivery of firearms on school
4 premises of any school under Section 24-3.3 or similar
5 offense under the Criminal Code of 1961;
6 (T) unlawful purchase of a firearm under Section
7 24-3.5 or similar offense under the Criminal Code of
8 1961;
9 (U) use of a stolen firearm in the commission of an
10 offense under Section 24-3.7 or similar offense under
11 the Criminal Code of 1961;
12 (V) possession of a stolen firearm under Section
13 24-3.8 or similar offense under the Criminal Code of
14 1961;
15 (W) aggravated possession of a stolen firearm
16 under Section 24-3.9 or similar offense under the
17 Criminal Code of 1961;
18 (X) gunrunning under Section 24-3A or similar
19 offense under the Criminal Code of 1961;
20 (Y) defacing identification marks of firearms
21 under Section 24-5 or similar offense under the
22 Criminal Code of 1961; and
23 (Z) armed violence under Section 33A-2 or similar
24 offense under the Criminal Code of 1961.
25 (b) APPLICABILITY. On or after the effective date of this
26amendatory Act of the 100th General Assembly, when a person is

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1convicted of unlawful use or possession of a weapon by a felon,
2when the weapon is a firearm, or aggravated unlawful use of a
3weapon, when the weapon is a firearm, after being previously
4convicted of a qualifying predicate offense the person shall be
5subject to the sentencing guidelines under this Section.
6 (c) SENTENCING GUIDELINES.
7 (1) When a person is convicted of unlawful use or
8 possession of a weapon by a felon, when the weapon is a
9 firearm, and that person has been previously convicted of a
10 qualifying predicate offense, the person shall be
11 sentenced to a term of imprisonment within the sentencing
12 range of not less than 7 years and not more than 14 years,
13 unless the court finds that a departure from the sentencing
14 guidelines under this paragraph is warranted under
15 subsection (d) of this Section.
16 (2) When a person is convicted of aggravated unlawful
17 use of a weapon, when the weapon is a firearm, and that
18 person has been previously convicted of a qualifying
19 predicate offense, the person shall be sentenced to a term
20 of imprisonment within the sentencing range of not less
21 than 6 years and not more than 7 years, unless the court
22 finds that a departure from the sentencing guidelines under
23 this paragraph is warranted under subsection (d) of this
24 Section.
25 (d) DEPARTURE FROM SENTENCING GUIDELINES.
26 (1) At the sentencing hearing conducted under Section

SB1722 Engrossed- 102 -LRB100 11347 RLC 21730 b
1 5-4-1 of this Code, the court may depart from the
2 sentencing guidelines provided in subsection (c) of this
3 Section and impose a sentence otherwise authorized by law
4 for the offense if the court, after considering any factor
5 under paragraph (2) of this subsection (d) relevant to the
6 nature and circumstances of the crime and to the history
7 and character of the defendant, finds on the record
8 substantial and compelling justification that the sentence
9 within the sentencing guidelines would be unduly harsh and
10 that a sentence otherwise authorized by law would be
11 consistent with public safety and does not deprecate the
12 seriousness of the offense.
13 (2) In deciding whether to depart from the sentencing
14 guidelines under this paragraph, the court shall consider:
15 (A) the age, immaturity, or limited mental
16 capacity of the defendant at the time of commission of
17 the qualifying predicate or current offense, including
18 whether the defendant was suffering from a mental or
19 physical condition insufficient to constitute a
20 defense but significantly reduced the defendant's
21 culpability;
22 (B) the nature and circumstances of the qualifying
23 predicate offense;
24 (C) the time elapsed since the qualifying
25 predicate offense;
26 (D) the nature and circumstances of the current

SB1722 Engrossed- 103 -LRB100 11347 RLC 21730 b
1 offense;
2 (E) the defendant's prior criminal history;
3 (F) whether the defendant committed the qualifying
4 predicate or current offense under specific and
5 credible duress, coercion, threat, or compulsion;
6 (G) whether the defendant aided in the
7 apprehension of another felon or testified truthfully
8 on behalf of another prosecution of a felony; and
9 (H) whether departure is in the interest of the
10 person's rehabilitation, including employment or
11 educational or vocational training, after taking into
12 account any past rehabilitation efforts or
13 dispositions of probation or supervision, and the
14 defendant's cooperation or response to rehabilitation.
15 (3) When departing from the sentencing guidelines
16 under this Section, the court shall specify on the record,
17 the particular evidence, information, factor or factors,
18 or other reasons which led to the departure from the
19 sentencing guidelines. When departing from the sentencing
20 range in accordance with this subsection (d), the court
21 shall indicate on the sentencing order which departure
22 factor or factors outlined in paragraph (2) of this
23 subsection (d) led to the sentence imposed. The sentencing
24 order shall be filed with the clerk of the court and shall
25 be a public record.

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1 (730 ILCS 5/5-6-3.3)
2 Sec. 5-6-3.3. Offender Initiative Program.
3 (a) Statement of purpose. The General Assembly seeks to
4continue other successful programs that promote public safety,
5conserve valuable resources, and reduce recidivism by
6defendants who can lead productive lives by creating the
7Offender Initiative Program.
8 (a-1) Whenever any person who has not previously been
9convicted of, or placed on probation or conditional discharge
10for, any felony offense under the laws of this State, the laws
11of any other state, or the laws of the United States, is
12arrested for and charged with a probationable felony offense of
13theft, retail theft, forgery, possession of a stolen motor
14vehicle, burglary, possession of burglary tools, deceptive
15practices, disorderly conduct, criminal damage or trespass to
16property under Article 21 of the Criminal Code of 2012,
17criminal trespass to a residence, obstructing justice, or an
18offense involving fraudulent identification, or possession of
19cannabis, possession of a controlled substance, or possession
20of methamphetamine, the court, with the consent of the
21defendant and the State's Attorney, may continue this matter to
22allow a defendant to participate and complete the Offender
23Initiative Program.
24 (a-2) Exemptions. A defendant shall not be eligible for
25this Program if the offense he or she has been arrested for and
26charged with is a violent offense. For purposes of this

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1Program, a "violent offense" is any offense where bodily harm
2was inflicted or where force was used against any person or
3threatened against any person, any offense involving sexual
4conduct, sexual penetration, or sexual exploitation, any
5offense of domestic violence, domestic battery, violation of an
6order of protection, stalking, hate crime, driving under the
7influence of drugs or alcohol, and any offense involving the
8possession of a firearm or dangerous weapon. A defendant shall
9not be eligible for this Program if he or she has previously
10been adjudicated a delinquent minor for the commission of a
11violent offense as defined in this subsection.
12 (b) When a defendant is placed in the Program, after both
13the defendant and State's Attorney waive preliminary hearing
14pursuant to Section 109-3 of the Code of Criminal Procedure of
151963, the court shall enter an order specifying that the
16proceedings shall be suspended while the defendant is
17participating in a Program of not less 12 months.
18 (c) The conditions of the Program shall be that the
19defendant:
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 pursuant to Section 5-5-6 of this Code;
26 (4) obtain employment or perform not less than 30 hours

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1 of community service, provided community service is
2 available in the county and is funded and approved by the
3 county board; and
4 (5) attend educational courses designed to prepare the
5 defendant for obtaining a high school diploma or to work
6 toward passing high school equivalency testing or to work
7 toward completing a vocational training program.
8 (d) The court may, in addition to other conditions, require
9that the defendant:
10 (1) undergo medical or psychiatric treatment, or
11 treatment or rehabilitation approved by the Illinois
12 Department of Human Services;
13 (2) refrain from having in his or her body the presence
14 of any illicit drug prohibited by the Methamphetamine
15 Control and Community Protection Act, the Cannabis Control
16 Act or the Illinois Controlled Substances Act, unless
17 prescribed by a physician, and submit samples of his or her
18 blood or urine or both for tests to determine the presence
19 of any illicit drug;
20 (3) submit to periodic drug testing at a time, manner,
21 and frequency as ordered by the court;
22 (4) pay fines, fees and costs; and
23 (5) in addition, if a minor:
24 (i) reside with his or her parents or in a foster
25 home;
26 (ii) attend school;

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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) When the State's Attorney makes a factually specific
6offer of proof that the defendant has failed to successfully
7complete the Program or has violated any of the conditions of
8the Program, the court shall enter an order that the defendant
9has not successfully completed the Program and continue the
10case for arraignment pursuant to Section 113-1 of the Code of
11Criminal Procedure of 1963 for further proceedings as if the
12defendant had not participated in the Program.
13 (f) Upon fulfillment of the terms and conditions of the
14Program, the State's Attorney shall dismiss the case or the
15court shall discharge the person and dismiss the proceedings
16against the person.
17 (g) A person may only have There may be only one discharge
18and dismissal under this Section within a 4-year period with
19respect to any person.
20 (h) Notwithstanding subsection (a-1), if the court finds
21that the defendant suffers from a substance abuse problem, then
22before the person participates in the Program under this
23Section, the court may refer the person to the drug court
24established in that judicial circuit pursuant to Section 15 of
25the Drug Court Treatment Act. The drug court team shall
26evaluate the person's likelihood of successfully fulfilling

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1the terms and conditions of the Program under this Section and
2shall report the results of its evaluation to the court. If the
3drug court team finds that the person suffers from a substance
4abuse problem that makes him or her substantially unlikely to
5successfully fulfill the terms and conditions of the Program,
6then the drug court shall set forth its findings in the form of
7a written order, and the person shall be ineligible to
8participate in the Program under this Section, but shall may be
9considered for the drug court program.
10(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
11 (730 ILCS 5/5-6-3.4)
12 Sec. 5-6-3.4. Second Chance Probation.
13 (a) Whenever any person who has not previously been
14convicted of, or placed on probation or conditional discharge
15for, any felony offense under the laws of this State, the laws
16of any other state, or the laws of the United States, including
17probation under Section 410 of the Illinois Controlled
18Substances Act, Section 70 of the Methamphetamine Control and
19Community Protection Act, Section 10 of the Cannabis Control
20Act, subsection (c) of Section 11-14 of the Criminal Code of
212012, Treatment Alternatives for Criminal Justice Clients
22(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
23and Dependency Act, or prior successful completion of the
24Offender Initiative Program under Section 5-6-3.3 of this Code,
25and pleads guilty to, or is found guilty of, a probationable

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1felony offense of possession of less than 15 grams of a
2controlled substance that is punishable as a Class 4 felony;
3possession of less than 15 grams of methamphetamine that is
4punishable as a Class 4 felony; or a probationable felony
5offense of possession of cannabis, theft, retail theft,
6forgery, deceptive practices, possession of a stolen motor
7vehicle, burglary, possession of burglary tools, disorderly
8conduct, criminal damage or trespass to property under Article
921 of the Criminal Code of 2012, criminal trespass to a
10residence, an offense involving fraudulent identification, or
11obstructing justice; theft that is punishable as a Class 3
12felony based on the value of the property or punishable as a
13Class 4 felony if the theft was committed in a school or place
14of worship or if the theft was of governmental property; retail
15theft that is punishable as a Class 3 felony based on the value
16of the property; criminal damage to property that is punishable
17as a Class 4 felony; criminal damage to government supported
18property that is punishable as a Class 4 felony; or possession
19of cannabis which is punishable as a Class 4 felony, the court,
20with the consent of the defendant and the State's Attorney,
21may, without entering a judgment, sentence the defendant to
22probation under this Section.
23 (a-1) Exemptions. A defendant is not eligible for this
24probation if the offense he or she pleads guilty to, or is
25found guilty of, is a violent offense, or he or she has
26previously been convicted of a violent offense. For purposes of

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1this probation, a "violent offense" is any offense where bodily
2harm was inflicted or where force was used against any person
3or threatened against any person, any offense involving sexual
4conduct, sexual penetration, or sexual exploitation, any
5offense of domestic violence, domestic battery, violation of an
6order of protection, stalking, hate crime, driving under the
7influence of drugs or alcohol, and any offense involving the
8possession of a firearm or dangerous weapon. A defendant shall
9not be eligible for this probation if he or she has previously
10been adjudicated a delinquent minor for the commission of a
11violent offense as defined in this subsection.
12 (b) When a defendant is placed on probation, the court
13shall enter an order specifying a period of probation of not
14less than 24 months and shall defer further proceedings in the
15case until the conclusion of the period or until the filing of
16a petition alleging violation of a term or condition of
17probation.
18 (c) The conditions of probation shall be that the
19defendant:
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;

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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 (d) The court may, in addition to other conditions, require
12that the defendant:
13 (1) make a report to and appear in person before or
14 participate with the court or such courts, person, or
15 social service agency as directed by the court in the order
16 of probation;
17 (2) undergo medical or psychiatric treatment, or
18 treatment or rehabilitation approved by the Illinois
19 Department of Human Services;
20 (3) attend or reside in a facility established for the
21 instruction or residence of defendants on probation;
22 (4) support his or her dependents; or
23 (5) refrain from having in his or her body the presence
24 of any illicit drug prohibited by the Methamphetamine
25 Control and Community Protection Act, the Cannabis Control
26 Act, or the Illinois Controlled Substances Act, unless

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1 prescribed by a physician, and submit samples of his or her
2 blood or urine or both for tests to determine the presence
3 of any illicit drug.
4 (e) Upon violation of a term or condition of probation, the
5court may enter a judgment on its original finding of guilt and
6proceed as otherwise provided by law.
7 (f) Upon fulfillment of the terms and conditions of
8probation, the court shall discharge the person and dismiss the
9proceedings against the person.
10 (g) A disposition of probation is considered to be a
11conviction for the purposes of imposing the conditions of
12probation and for appeal; however, a discharge and dismissal
13under this Section is not a conviction for purposes of this
14Code or for purposes of disqualifications or disabilities
15imposed by law upon conviction of a crime.
16 (h) A person may only have There may be only one discharge
17and dismissal under this Section within a 4-year period ,
18Section 410 of the Illinois Controlled Substances Act, Section
1970 of the Methamphetamine Control and Community Protection Act,
20Section 10 of the Cannabis Control Act, Treatment Alternatives
21for Criminal Justice Clients (TASC) under Article 40 of the
22Alcoholism and Other Drug Abuse and Dependency Act, the
23Offender Initiative Program under Section 5-6-3.3 of this Code,
24and subsection (c) of Section 11-14 of the Criminal Code of
252012 with respect to any person.
26 (i) If a person is convicted of any offense which occurred

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1within 5 years subsequent to a discharge and dismissal under
2this Section, the discharge and dismissal under this Section
3shall be admissible in the sentencing proceeding for that
4conviction as evidence in aggravation.
5 (j) Notwithstanding subsection (a), if the court finds that
6the defendant suffers from a substance abuse problem, then
7before the person is placed on probation under this Section,
8the court may refer the person to the drug court established in
9that judicial circuit pursuant to Section 15 of the Drug Court
10Treatment Act. The drug court team shall evaluate the person's
11likelihood of successfully fulfilling the terms and conditions
12of probation under this Section and shall report the results of
13its evaluation to the court. If the drug court team finds that
14the person suffers from a substance abuse problem that makes
15him or her substantially unlikely to successfully fulfill the
16terms and conditions of probation under this Section, then the
17drug court shall set forth its findings in the form of a
18written order, and the person shall be ineligible to be placed
19on probation under this Section, but shall may be considered
20for the drug court program.
21(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
22eff. 9-9-15.)
23 (730 ILCS 5/5-8-8)
24 (Section scheduled to be repealed on December 31, 2020)
25 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.

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1 (a) Creation. There is created under the jurisdiction of
2the Governor the Illinois Sentencing Policy Advisory Council,
3hereinafter referred to as the Council.
4 (b) Purposes and goals. The purpose of the Council is to
5review sentencing policies and practices and examine how these
6policies and practices impact the criminal justice system as a
7whole in the State of Illinois. In carrying out its duties, the
8Council shall be mindful of and aim to achieve the purposes of
9sentencing in Illinois, which are set out in Section 1-1-2 of
10this Code:
11 (1) prescribe sanctions proportionate to the
12 seriousness of the offenses and permit the recognition of
13 differences in rehabilitation possibilities among
14 individual offenders;
15 (2) forbid and prevent the commission of offenses;
16 (3) prevent arbitrary or oppressive treatment of
17 persons adjudicated offenders or delinquents; and
18 (4) restore offenders to useful citizenship.
19 (c) Council composition.
20 (1) The Council shall consist of the following members:
21 (A) the President of the Senate, or his or her
22 designee;
23 (B) the Minority Leader of the Senate, or his or
24 her designee;
25 (C) the Speaker of the House, or his or her
26 designee;

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1 (D) the Minority Leader of the House, or his or her
2 designee;
3 (E) the Governor, or his or her designee;
4 (F) the Attorney General, or his or her designee;
5 (G) two retired judges, who may have been circuit,
6 appellate, or supreme court judges; retired judges
7 shall be selected by the members of the Council
8 designated in clauses (c)(1)(A) through (L);
9 (G-5) (blank);
10 (H) the Cook County State's Attorney, or his or her
11 designee;
12 (I) the Cook County Public Defender, or his or her
13 designee;
14 (J) a State's Attorney not from Cook County,
15 appointed by the State's Attorney's Appellate
16 Prosecutor;
17 (K) the State Appellate Defender, or his or her
18 designee;
19 (L) the Director of the Administrative Office of
20 the Illinois Courts, or his or her designee;
21 (M) a victim of a violent felony or a
22 representative of a crime victims' organization,
23 selected by the members of the Council designated in
24 clauses (c)(1)(A) through (L);
25 (N) a representative of a community-based
26 organization, selected by the members of the Council

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1 designated in clauses (c)(1)(A) through (L);
2 (O) a criminal justice academic researcher, to be
3 selected by the members of the Council designated in
4 clauses (c)(1)(A) through (L);
5 (P) a representative of law enforcement from a unit
6 of local government to be selected by the members of
7 the Council designated in clauses (c)(1)(A) through
8 (L);
9 (Q) a sheriff selected by the members of the
10 Council designated in clauses (c)(1)(A) through (L);
11 and
12 (R) ex-officio members shall include:
13 (i) the Director of Corrections, or his or her
14 designee;
15 (ii) the Chair of the Prisoner Review Board, or
16 his or her designee;
17 (iii) the Director of the Illinois State
18 Police, or his or her designee; and
19 (iv) the Director of the Illinois Criminal
20 Justice Information Authority, or his or her
21 designee.
22 (1.5) The Chair and Vice Chair shall be elected from
23 among its members by a majority of the members of the
24 Council.
25 (2) Members of the Council who serve because of their
26 public office or position, or those who are designated as

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1 members by such officials, shall serve only as long as they
2 hold such office or position.
3 (3) Council members shall serve without compensation
4 but shall be reimbursed for travel and per diem expenses
5 incurred in their work for the Council.
6 (4) The Council may exercise any power, perform any
7 function, take any action, or do anything in furtherance of
8 its purposes and goals upon the appointment of a quorum of
9 its members. The term of office of each member of the
10 Council ends on the date of repeal of this amendatory Act
11 of the 96th General Assembly.
12 (d) Duties. The Council shall perform, as resources permit,
13duties including:
14 (1) Collect and analyze information including
15 sentencing data, crime trends, and existing correctional
16 resources to support legislative and executive action
17 affecting the use of correctional resources on the State
18 and local levels.
19 (2) Prepare criminal justice population projections
20 annually, including correctional and community-based
21 supervision populations.
22 (3) Analyze data relevant to proposed sentencing
23 legislation and its effect on current policies or
24 practices, and provide information to support
25 evidence-based sentencing.
26 (4) Ensure that adequate resources and facilities are

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1 available for carrying out sentences imposed on offenders
2 and that rational priorities are established for the use of
3 those resources. To do so, the Council shall prepare
4 criminal justice resource statements, identifying the
5 fiscal and practical effects of proposed criminal
6 sentencing legislation, including, but not limited to, the
7 correctional population, court processes, and county or
8 local government resources.
9 (4.5) Study and conduct a thorough analysis of
10 sentencing under Section 5-4.5-110 of this Code. The
11 Sentencing Policy Advisory Council shall provide annual
12 reports to the Governor and General Assembly, including the
13 total number of persons sentenced under Section 5-4.5-110
14 of this Code, the total number of departures from sentences
15 under Section 5-4.5-110 of this Code, and an analysis of
16 trends in sentencing and departures. On or before December
17 31, 2022, the Sentencing Policy Advisory Council shall
18 provide a report to the Governor and General Assembly on
19 the effectiveness of sentencing under Section 5-4.5-110 of
20 this Code, including recommendations on whether sentencing
21 under Section 5-4.5-110 of this Code should be adjusted or
22 continued.
23 (5) Perform such other studies or tasks pertaining to
24 sentencing policies as may be requested by the Governor or
25 the Illinois General Assembly.
26 (6) Perform such other functions as may be required by

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1 law or as are necessary to carry out the purposes and goals
2 of the Council prescribed in subsection (b).
3 (7) Publish a report on the trends in sentencing for
4 offenders described in subsection (b-1) of Section 5-4-1 of
5 this Code, the impact of the trends on the prison and
6 probation populations, and any changes in the racial
7 composition of the prison and probation populations that
8 can be attributed to the changes made by adding subsection
9 (b-1) of Section 5-4-1 to this Code by Public Act 99-861
10 this amendatory Act of the 99th General Assembly.
11 (e) Authority.
12 (1) The Council shall have the power to perform the
13 functions necessary to carry out its duties, purposes and
14 goals under this Act. In so doing, the Council shall
15 utilize information and analysis developed by the Illinois
16 Criminal Justice Information Authority, the Administrative
17 Office of the Illinois Courts, and the Illinois Department
18 of Corrections.
19 (2) Upon request from the Council, each executive
20 agency and department of State and local government shall
21 provide information and records to the Council in the
22 execution of its duties.
23 (f) Report. The Council shall report in writing annually to
24the General Assembly, the Illinois Supreme Court, and the
25Governor.
26 (g) This Section is repealed on December 31, 2020.

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1(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
299-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
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