Bill Text: IL SB2621 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.

Sponsorship: Moderate Partisan Bill (Democrat 18-4)

Status: (Passed) 2012-06-22 - Public Act . . . . . . . . . 97-0697 [SB2621 Detail]

Download: Illinois-2011-SB2621-Amended.html

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Sen. Kwame Raoul

Filed: 4/23/2012

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AMENDMENT TO SENATE BILL 2621
AMENDMENT NO. ______. Amend Senate Bill 2621 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-3-1, 3-3-2, 3-3-9, 3-6-3, 3-7-6,
5-4-1, 5-4.5-20, 5-4.5-25, 5-4.5-30, 5-4.5-35, 5-4.5-40,
5-4.5-45, 5-4.5-55, 5-4.5-60, 5-4.5-65, 5-4.5-100, and 5-5-3,
and by adding Section 5-8-1.4 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and
rehabilitation, and to accept federal prisoners and aliens

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over whom the Office of the Federal Detention Trustee is
authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services), the
Department of Corrections shall develop a master plan for
the screening and evaluation of persons committed to its
custody who have alcohol or drug abuse problems, and for
making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such
plan not later than April 1, 1987. The maintenance and
implementation of such plan shall be contingent upon the
availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.

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The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Department
of State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his or
her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter into
an agreement of the type described in subsection (d) of
Section 405-300 of the Department of Central Management
Services Law (20 ILCS 405/405-300). The Department shall
designate those institutions which shall constitute the
State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties
and municipalities for the construction, remodeling or
conversion of a structure to be leased to the Department of

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Corrections for the purposes of its serving as a
correctional institution or facility. Such construction,
remodeling or conversion may be financed with revenue bonds
issued pursuant to the Industrial Building Revenue Bond Act
by the municipality or county. The lease specified in a bid
shall be for a term of not less than the time needed to
retire any revenue bonds used to finance the project, but
not to exceed 40 years. The lease may grant to the State
the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or

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permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up the
trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Director
of Transportation. The prisoners used on this program shall
be selected by the Director of Corrections on whatever
basis he deems proper in consideration of their term,
behavior and earned eligibility to participate in such
program - where they will be outside of the prison facility
but still in the custody of the Department of Corrections.
Prisoners convicted of first degree murder, or a Class X

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felony, or armed violence, or aggravated kidnapping, or
criminal sexual assault, aggravated criminal sexual abuse
or a subsequent conviction for criminal sexual abuse, or
forcible detention, or arson, or a prisoner adjudged a
Habitual Criminal shall not be eligible for selection to
participate in such program. The prisoners shall remain as
prisoners in the custody of the Department of Corrections
and such Department shall furnish whatever security is
necessary. The Department of Transportation shall furnish
trucks and equipment for the highway cleanup program and
personnel to supervise and direct the program. Neither the
Department of Corrections nor the Department of
Transportation shall replace any regular employee with a
prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses and
the production of writings and papers, and may examine
under oath any witnesses who may appear before it; to also
investigate alleged violations of a parolee's or

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releasee's conditions of parole or release; and for this
purpose it may issue subpoenas and compel the attendance of
witnesses and the production of documents only if there is
reason to believe that such procedures would provide
evidence that such violations have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees or
alleged violations of a parolee's or releasee's conditions
of parole shall be conservators of the peace for those
purposes, and shall have the full power of peace officers
outside of the facilities of the Department in the
protection, arrest, retaking and reconfining of committed
persons or where the exercise of such power is necessary to
the investigation of such misconduct or violations.
(j) To cooperate with other departments and agencies
and with local communities for the development of standards
and programs for better correctional services in this

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State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) In a confidential annual report to the Governor,
the Department shall identify all inmate gangs by
specifying each current gang's name, population and allied
gangs. The Department shall further specify the number of
top leaders identified by the Department for each gang
during the past year, and the measures taken by the
Department to segregate each leader from his or her gang
and allied gangs. The Department shall further report the
current status of leaders identified and segregated in
previous years. All leaders described in the report shall
be identified by inmate number or other designation to
enable tracking, auditing, and verification without
revealing the names of the leaders. Because this report
contains law enforcement intelligence information
collected by the Department, the report is confidential and
not subject to public disclosure.
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence good conduct credits,
established in accordance with Section 3-6-3, subject to

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review by the Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set
by the facility.
(2) Participants shall be required to maintain

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employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(q-5) To establish a Second Chance Families diversion
program.
The program shall provide structured alternative
custody in lieu of confinement for female inmates, pregnant
inmates, or inmates who were primary caregivers of
dependent children immediately prior to incarceration. A

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participant shall agree to and fully participate in, an
individualized treatment and rehabilitation plan of
evidence-based programs and services that will aid in the
successful reentry into society while he or she takes part
in alternative custody. One day of participation in the
alternative custody program shall be in lieu of one day of
incarceration in the Department. Participants in the
program shall be eligible for and receive any sentence
reduction credits that they would have received had they
served their sentence while incarcerated in a Department
facility, and shall be subject to denial and loss of credit
as provided by law. The Department may enter into contracts
with county agencies, not-for-profit organizations,
for-profit organizations, and others in order to promote
alternative custody placements.
Alternative custody shall include the use of
electronic monitoring , global positioning system devices,
or other supervising devices for the purpose of helping to
verify a participant's compliance with the rules and
regulations of the program. Electronic monitoring shall be
administered as provided in Article 8A of this Code.
Alternative custody conditions shall include, but not be
limited to, the following:
(1) Confinement to a residential home during the
hours designated by the Department;
(2) Confinement to a residential drug or treatment

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program during the hours designated by the Department;
or
(3) Confinement to a transitional care facility
that offers appropriate services.
The Director, or his or her designee, shall have sole
discretion to select eligible inmates for placement in the
program; however, to be eligible the inmate must be
sentenced to a determinate term of imprisonment in the
Department and may not have:
(1) a current or prior conviction for a violent
crime as defined in Section 3 of the Rights of Crime
Victims and Witnesses Act;
(2) a current or prior conviction for a forcible
felony as defined in Section 2-8 of the Criminal Code
of 1961;
(3) a current or prior conviction for an offense
that requires the person to register as a sex offender
under the Sex Offender Registration Act; and
(4) a history, within the last 10 years, of escape
from a facility while under juvenile or adult custody,
including, but not limited to, any detention facility,
camp, jail, or state prison facility.
Participants shall take part in counseling,
educational and other programs as the Department may deem
appropriate.
The Department shall promulgate rules governing the

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administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in
each gang. The Department shall promptly segregate leaders
from inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are

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punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are disruptive
or dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order

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of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed to
the Department absconds or absents himself or herself,
without authority to do so, from any facility or program to
which he or she is assigned. The order shall be certified
by the Director, the Supervisor of the Apprehension Unit,
or any person duly designated by the Director, with the
seal of the Department affixed. The order shall be directed
to all sheriffs, coroners, and police officers, or to any
particular person named in the order. Any order issued
pursuant to this subdivision (1) (u-5) shall be sufficient
warrant for the officer or person named in the order to
arrest and deliver the committed person to the proper
correctional officials and shall be executed the same as
criminal process.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the

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impact incarceration program.
(3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may
only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds are rated AAA by a bond rating
organization.
(4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds are rated AAA
by a bond rating organization.
(Source: P.A. 96-1265, eff. 7-26-10.)
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and Appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent of
the Department of Corrections which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(2) the board of review for cases involving the

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revocation of sentence good conduct credits or a suspension
or reduction in the rate of accumulating the such credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of 1977,
in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole,
mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,
or a combination thereof. At least 6 members so appointed must
have had at least 3 years experience in the field of juvenile
matters. No more than 8 Board members may be members of the
same political party.
Each member of the Board shall serve on a full-time basis

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and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or
vocation. The Chairman of the Board shall receive $35,000 a
year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an
amount set by the Compensation Review Board, whichever is
greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor shall
appoint persons to fill the vacancies created by this
amendatory Act.
Of the initial members appointed under this amendatory Act
of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in January
2005, 5 members whose terms shall expire on the third Monday in
January 2007, and 5 members whose terms shall expire on the
third Monday in January 2009. Their respective successors shall
be appointed for terms of 6 years from the third Monday in
January of the year of appointment. Each member shall serve
until his successor is appointed and qualified.

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Any member may be removed by the Governor for incompetence,
neglect of duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 93-509, eff. 8-11-03; 94-165, eff. 7-11-05.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After the effective date of this
amendatory Act of 1977, the Prisoner Review Board shall provide
by rule for the orderly transition of all files, records, and
documents of the Parole and Pardon Board and for such other
steps as may be necessary to effect an orderly transition and
shall:
(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel of

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at least 3 members decide, the conditions of parole and the
time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those sentenced
under the law in effect prior to this amendatory Act of
1977; provided that the decision to parole and the
conditions of parole for all prisoners who were sentenced
for first degree murder or who received a minimum sentence
of 20 years or more under the law in effect prior to
February 1, 1978 shall be determined by a majority vote of
the Prisoner Review Board. One representative supporting
parole and one representative opposing parole will be
allowed to speak. Their comments shall be limited to making
corrections and filling in omissions to the Board's
presentation and discussion;
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, impose sanctions for violations of
mandatory supervised release, and revoke mandatory
supervised release for those sentenced under the law in
effect after the effective date of this amendatory Act of
1977;
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, to impose sanctions for violations of

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mandatory supervised release and revoke mandatory
supervised release for those serving extended supervised
release terms pursuant to paragraph (4) of subsection (d)
of Section 5-8-1;
(4) hear by at least 1 member and through a panel of at
least 3 members, decide cases brought by the Department of
Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to sentence good conduct credits under pursuant to
Section 3-6-3 of this Code in which the Department seeks to
revoke sentence good conduct credits, if the amount of time
at issue exceeds 30 days or when, during any 12 month
period, the cumulative amount of credit revoked exceeds 30
days except where the infraction is committed or discovered
within 60 days of scheduled release. In such cases, the
Department of Corrections may revoke up to 30 days of
sentence good conduct credit. The Board may subsequently
approve the revocation of additional sentence good conduct
credit, if the Department seeks to revoke sentence good
conduct credit in excess of thirty days. However, the Board
shall not be empowered to review the Department's decision
with respect to the loss of 30 days of sentence good
conduct credit for any prisoner or to increase any penalty
beyond the length requested by the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain

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prisoners sentenced under the law in existence prior to the
effective date of this amendatory Act of 1977, in
accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the
Department seeks to revoke up to 180 days of sentence good
conduct credit, and if the prisoner has not accumulated 180
days of sentence good conduct credit at the time of the
dismissal, then all sentence good conduct credit
accumulated by the prisoner shall be revoked; and
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates of
relief from disabilities or certificates of good conduct as
provided in Article 5.5 of Chapter V.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a

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pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after the
effective date of this amendatory Act of 1996. Within 6 months
after the implementation of the pilot project, the Prisoner
Review Board, with the cooperation of and in coordination with
the Department of Corrections and the Department of Central
Management Services, shall report to the Governor and the
General Assembly regarding the use, costs, effectiveness, and
future viability of interactive video conferences for Prisoner
Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore sentence good conduct credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of its
work, and the Chairman shall file a copy of such rules and any
amendments thereto with the Director and with the Secretary of
State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may

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require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under investigation or hearing. The Chairman of the
Board may sign subpoenas which shall be served by any agent or
public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the
laws of the State of Illinois. The attendance of witnesses, and
the production of documentary evidence, may be required from
any place in the State to a hearing location in the State
before the Chairman of the Board or his designated agent or
agents or any duly constituted Committee or Subcommittee of the
Board. Witnesses so summoned shall be paid the same fees and
mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the
persons taking those depositions are each entitled to the same
fees as are paid for like services in actions in the circuit
courts of the State. Fees and mileage shall be vouchered for
payment when the witness is discharged from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in

09700SB2621sam002 - 25 - LRB097 16232 MRW 68715 a
such notice before the judge hearing motions or extraordinary
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mails addressed to
the person at his last known address or after the personal
service of the copy of the notice and petition upon such
person. The court upon the filing of such a petition, may order
the person refusing to obey the subpoena to appear at an
investigation or hearing, or to there produce documentary
evidence, if so ordered, or to give evidence relative to the
subject matter of that investigation or hearing. Any failure to
obey such order of the circuit court may be punished by that
court as a contempt of court.
Each member of the Board and any hearing officer designated
by the Board shall have the power to administer oaths and to
take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a majority
of the members then appointed to the Prisoner Review Board
shall constitute a quorum for the transaction of all business
of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 96-875, eff. 1-22-10.)

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(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of
parole or mandatory supervised release under Section 3-3-7 of
this Code to govern that term, the Board may:
(1) continue the existing term, with or without
modifying or enlarging the conditions; or
(2) parole or release the person to a half-way house;
or
(3) revoke the parole or mandatory supervised release
and reconfine the person for a term computed in the
following manner:
(i) (A) For those sentenced under the law in effect
prior to this amendatory Act of 1977, the recommitment
shall be for any portion of the imposed maximum term of
imprisonment or confinement which had not been served
at the time of parole and the parole term, less the
time elapsed between the parole of the person and the
commission of the violation for which parole was
revoked;
(B) Except as set forth in paragraph (C), for those
subject to mandatory supervised release under

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paragraph (d) of Section 5-8-1 of this Code, the
recommitment shall be for the total mandatory
supervised release term, less the time elapsed between
the release of the person and the commission of the
violation for which mandatory supervised release is
revoked. The Board may also order that a prisoner serve
up to one year of the sentence imposed by the court
which was not served due to the accumulation of
sentence good conduct credit;
(C) For those subject to sex offender supervision
under clause (d)(4) of Section 5-8-1 of this Code, the
reconfinement period for violations of clauses (a)(3)
through (b-1)(15) of Section 3-3-7 shall not exceed 2
years from the date of reconfinement.
(ii) the person shall be given credit against the
term of reimprisonment or reconfinement for time spent
in custody since he was paroled or released which has
not been credited against another sentence or period of
confinement;
(iii) persons committed under the Juvenile Court
Act or the Juvenile Court Act of 1987 may be continued
under the existing term of parole with or without
modifying the conditions of parole, paroled or
released to a group home or other residential facility,
or recommitted until the age of 21 unless sooner
terminated;

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(iv) this Section is subject to the release under
supervision and the reparole and rerelease provisions
of Section 3-3-10.
(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation of
the conditions of parole or mandatory supervised release shall
toll the running of the term until the final determination of
the charge. When parole or mandatory supervised release is not
revoked that period shall be credited to the term, unless a
community-based sanction is imposed as an alternative to
revocation and reincarceration, including a diversion
established by the Illinois Department of Corrections Parole
Services Unit prior to the holding of a preliminary parole
revocation hearing. Parolees who are diverted to a
community-based sanction shall serve the entire term of parole
or mandatory supervised release, if otherwise appropriate.
(b-5) The Board shall revoke parole or mandatory supervised
release for violation of the conditions prescribed in paragraph
(7.6) of subsection (a) of Section 3-3-7.
(c) A person charged with violating a condition of parole
or mandatory supervised release shall have a preliminary
hearing before a hearing officer designated by the Board to
determine if there is cause to hold the person for a revocation

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hearing. However, no preliminary hearing need be held when
revocation is based upon new criminal charges and a court finds
probable cause on the new criminal charges or when the
revocation is based upon a new criminal conviction and a
certified copy of that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the member hearing the matter and at least
a majority of the panel shall be experienced in juvenile
matters. A record of the hearing shall be made. At the hearing
the offender shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with or
without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure

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is due to the offender's willful refusal to pay.
(Source: P.A. 95-82, eff. 8-13-07; 96-1271, eff. 1-1-11.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Sentence Credit Early
Release.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for awarding and revoking sentence
credit for the early release on account of good conduct of
persons committed to the Department which shall be subject
to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may
be awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of
the Department;
(C) promoting an inmate's preexisting family
relationship with a minor child or children; or
(D) service to the institution, service to a
community, or service to the State.
(2) The rules and regulations on sentence credit early
release shall provide, with respect to offenses listed in
clause (i), (ii), or (iii) of this paragraph (2) committed
on or after June 19, 1998 or with respect to the offense

09700SB2621sam002 - 31 - LRB097 16232 MRW 68715 a
listed in clause (iv) of this paragraph (2) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or with respect to offense listed in clause (vi)
committed on or after June 1, 2008 (the effective date of
Public Act 95-625) or with respect to the offense of being
an armed habitual criminal committed on or after August 2,
2005 (the effective date of Public Act 94-398) or with
respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or
after July 23, 2010 (the effective date of Public Act
96-1224), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no sentence good conduct
credit and shall serve the entire sentence imposed by
the court;
(ii) that a prisoner serving a sentence for attempt
to commit first degree murder, solicitation of murder,
solicitation of murder for hire, intentional homicide
of an unborn child, predatory criminal sexual assault
of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated kidnapping,
aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

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or (e)(4) of Section 12-3.05, heinous battery as
described in Section 12-4.1 or subdivision (a)(2) of
Section 12-3.05, being an armed habitual criminal,
aggravated battery of a senior citizen as described in
Section 12-4.6 or subdivision (a)(4) of Section
12-3.05, or aggravated battery of a child as described
in Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 shall receive no more than 4.5 days of sentence
good conduct credit for each month of his or her
sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this
Code, that the conduct leading to conviction for the
enumerated offense resulted in great bodily harm to a
victim, shall receive no more than 4.5 days of sentence
good conduct credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no
more than 4.5 days of sentence good conduct credit for

09700SB2621sam002 - 33 - LRB097 16232 MRW 68715 a
each month of his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961, or a Class X felony
conviction for delivery of a controlled substance,
possession of a controlled substance with intent to
manufacture or deliver, calculated criminal drug
conspiracy, criminal drug conspiracy, street gang
criminal drug conspiracy, participation in
methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing,
delivery of methamphetamine, possession with intent to
deliver methamphetamine, aggravated delivery of
methamphetamine, aggravated possession with intent to
deliver methamphetamine, methamphetamine conspiracy
when the substance containing the controlled substance
or methamphetamine is 100 grams or more shall receive
no more than 7.5 days sentence good conduct credit for
each month of his or her sentence of imprisonment;
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall
receive no more than 4.5 days of sentence good conduct

09700SB2621sam002 - 34 - LRB097 16232 MRW 68715 a
credit for each month of his or her sentence of
imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than
4.5 days of sentence good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) committed on or after July 23, 2010
(the effective date of Public Act 96-1224), and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or

09700SB2621sam002 - 35 - LRB097 16232 MRW 68715 a
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall
receive one day of sentence good conduct credit for each
day of his or her sentence of imprisonment or recommitment
under Section 3-3-9. Each day of sentence good conduct
credit shall reduce by one day the prisoner's period of
imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence good conduct credit.
(2.3) The rules and regulations on sentence credit
early release shall provide that a prisoner who is serving
a sentence for aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive
no more than 4.5 days of sentence good conduct credit for
each month of his or her sentence of imprisonment.
(2.4) The rules and regulations on sentence credit
early release shall provide with respect to the offenses of
aggravated battery with a machine gun or a firearm equipped
with any device or attachment designed or used for
silencing the report of a firearm or aggravated discharge
of a machine gun or a firearm equipped with any device or

09700SB2621sam002 - 36 - LRB097 16232 MRW 68715 a
attachment designed or used for silencing the report of a
firearm, committed on or after July 15, 1999 (the effective
date of Public Act 91-121), that a prisoner serving a
sentence for any of these offenses shall receive no more
than 4.5 days of sentence good conduct credit for each
month of his or her sentence of imprisonment.
(2.5) The rules and regulations on sentence credit
early release shall provide that a prisoner who is serving
a sentence for aggravated arson committed on or after July
27, 2001 (the effective date of Public Act 92-176) shall
receive no more than 4.5 days of sentence good conduct
credit for each month of his or her sentence of
imprisonment.
(2.6) The rules and regulations on sentence credit
early release shall provide that a prisoner who is serving
a sentence for aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230) shall receive no more than 4.5 days of sentence
good conduct credit for each month of his or her sentence
of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional sentence

09700SB2621sam002 - 37 - LRB097 16232 MRW 68715 a
good conduct credit for good conduct meritorious service in
specific instances as the Director deems proper for the
following:
(A) Good conduct, including but not limited to
compliance with the rules and regulations of the
Department, service to the Department, service to a
community, or service to the State; except that no more
than 90 days of sentence good conduct credit for good
conduct meritorious service shall be awarded to any
prisoner who is serving a sentence for conviction of
first degree murder, reckless homicide while under the
influence of alcohol or any other drug, or aggravated
driving under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of
the Illinois Vehicle Code, aggravated kidnapping,
kidnapping, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal
sexual assault, deviate sexual assault, aggravated
criminal sexual abuse, aggravated indecent liberties
with a child, indecent liberties with a child, child
pornography, heinous battery as described in Section
12-4.1 or subdivision (a)(2) of Section 12-3.05,
aggravated battery of a spouse, aggravated battery of a
spouse with a firearm, stalking, aggravated stalking,

09700SB2621sam002 - 38 - LRB097 16232 MRW 68715 a
aggravated battery of a child as described in Section
12-4.3 or subdivision (b)(1) of Section 12-3.05,
endangering the life or health of a child, or cruelty
to a child. Notwithstanding the foregoing, sentence
good conduct credit for good conduct meritorious
service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2)(i), (ii), or
(iii) when the offense is committed on or after June
19, 1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date
of Public Act 94-71) or subdivision (a)(2)(v) when the
offense is committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or subdivision
(a)(2)(vi) when the offense is committed on or after
June 1, 2008 (the effective date of Public Act 95-625)
or subdivision (a)(2)(vii) when the offense is
committed on or after July 23, 2010 (the effective date
of Public Act 96-1224), (ii) aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of the Illinois
Vehicle Code, (iii) one of the offenses enumerated in
subdivision (a)(2.4) when the offense is committed on
or after July 15, 1999 (the effective date of Public

09700SB2621sam002 - 39 - LRB097 16232 MRW 68715 a
Act 91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date
of Public Act 92-176), (v) offenses that may subject
the offender to commitment under the Sexually Violent
Persons Commitment Act, or (vi) aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1)
of subsection (d) of Section 11-501 of the Illinois
Vehicle Code committed on or after January 1, 2011 (the
effective date of Public Act 96-1230).
(B) Promoting and strengthening an inmate's
preexisting family relationship with a minor child or
children in accordance with standards established by
the Department, provided that the inmate has never been
convicted of a violent crime as defined in Section 3 of
the Rights of Crime Victims and Witnesses Act.
Eligible inmates for an award of sentence credit under
this paragraph (3) may be selected to receive the credit at
the Director's, or his or her designee's, sole discretion.
Consideration may be based on, but not limited to, any
available risk-assessment analysis on the inmate, any
history of violent crime convictions, facts and
circumstances of the inmate's holding offense or offenses,
and the potential for rehabilitation. The Director shall
not award sentence good conduct credit for meritorious

09700SB2621sam002 - 40 - LRB097 16232 MRW 68715 a
service under this paragraph (3) to an inmate unless the
inmate has served a minimum of 60 days of the sentence;
except nothing in this paragraph shall be construed to
permit the Director to extend an inmate's sentence beyond
that which was imposed by the court. Prior to awarding
credit under this paragraph (3), the Director shall make a
written determination that the inmate:
(A) is eligible for the sentence good conduct
credit for meritorious service;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.
The Director shall determine the form and content of
the written determination required in this subsection.
(3.5) The Department shall provide annual written
reports to the Governor and the General Assembly on the
award of sentence credit for good conduct, with the first
report due January 1, 2014. The Department must publish
both reports on its website within 48 hours of transmitting
the reports to the Governor and the General Assembly. The
reports must include:
(A) the number of inmates awarded sentence credit
for good conduct;
(B) the average amount of sentence credit for good
conduct awarded;

09700SB2621sam002 - 41 - LRB097 16232 MRW 68715 a
(C) the holding offenses of inmates awarded
sentence credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that
the sentence good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section by
any inmate during specific periods of time in which such
inmate is engaged full-time in substance abuse programs,
correctional industry assignments, or educational
programs, behavior modification programs, life skills
courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before August 11, 1993 and 1.50 for
program participation on or after that date. The rules and
regulations shall also provide that sentence credit,
subject to the same offense limits and multiplier provided
in this paragraph, may be provided to an inmate who was
held in pre-trial detention prior to his or her current
commitment to the Department of Corrections and
successfully completed a full-time 60 day or longer
substance abuse program, educational program, behavior
modification program, life skills course, or re-entry
planning provided by the county department of corrections

09700SB2621sam002 - 42 - LRB097 16232 MRW 68715 a
or county jail. Calculation of this county program credit
shall be done at sentencing as provided in Section
5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for
the additional sentence good conduct credit under this
paragraph (4) or (4.1) of this subsection (a) while
assigned to a boot camp or electronic detention, or if
convicted of an offense enumerated in subdivision
(a)(2)(i), (ii), or (iii) of this Section that is committed
on or after June 19, 1998 or subdivision (a)(2)(iv) of this
Section that is committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or subdivision
(a)(2)(v) of this Section that is committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) when the offense is committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or subdivision (a)(2)(vii) when the offense is
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), or if convicted of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds or any combination
thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle
Code, or if convicted of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds or any combination thereof as defined

09700SB2621sam002 - 43 - LRB097 16232 MRW 68715 a
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), or if convicted of an offense enumerated in
paragraph (a)(2.4) of this Section that is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), or first degree murder, a Class X felony, criminal
sexual assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4) who
(i) has previously received increased good conduct credit
under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry
planning, and correctional industry programs under which
sentence good conduct credit may be increased under this
paragraph (4) and paragraph (4.1) of this subsection (a)
shall be evaluated by the Department on the basis of

09700SB2621sam002 - 44 - LRB097 16232 MRW 68715 a
documented standards. The Department shall report the
results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The
reports shall include data relating to the recidivism rate
among program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of sentence good conduct credit shall
be awarded to any prisoner who passes the high school level
Test of General Educational Development (GED) while the
prisoner is committed to the Department of Corrections
incarcerated. The sentence good conduct credit awarded
under this paragraph (4.1) shall be in addition to, and
shall not affect, the award of sentence credit good conduct
under any other paragraph of this Section, but shall also

09700SB2621sam002 - 45 - LRB097 16232 MRW 68715 a
be pursuant to the guidelines and restrictions set forth in
paragraph (4) of subsection (a) of this Section. The
sentence good conduct credit provided for in this paragraph
shall be available only to those prisoners who have not
previously earned a high school diploma or a GED. If, after
an award of the GED sentence good conduct credit has been
made and the Department determines that the prisoner was
not eligible, then the award shall be revoked. The
Department may also award 60 days of sentence credit to any
committed person who passed the high school level Test of
General Educational Development (GED) while he or she was
held in pre-trial detention prior to the current commitment
to the Department of Corrections.
(4.5) The rules and regulations on sentence credit
early release shall also provide that when the court's
sentencing order recommends a prisoner for substance abuse
treatment and the crime was committed on or after September
1, 2003 (the effective date of Public Act 93-354), the
prisoner shall receive no sentence good conduct credit
awarded under clause (3) of this subsection (a) unless he
or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement
to participate in or complete a substance abuse treatment
program and award the sentence good conduct credit in
specific instances if the prisoner is not a good candidate
for a substance abuse treatment program for medical,

09700SB2621sam002 - 46 - LRB097 16232 MRW 68715 a
programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of
fiscal resources appropriated by the General Assembly for
these purposes. If treatment is not available and the
requirement to participate and complete the treatment has
not been waived by the Director, the prisoner shall be
placed on a waiting list under criteria established by the
Department. The Director may allow a prisoner placed on a
waiting list to participate in and complete a substance
abuse education class or attend substance abuse self-help
meetings in lieu of a substance abuse treatment program. A
prisoner on a waiting list who is not placed in a substance
abuse program prior to release may be eligible for a waiver
and receive sentence good conduct credit under clause (3)
of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit
early release shall also provide that a prisoner who has
been convicted of a sex offense as defined in Section 2 of
the Sex Offender Registration Act shall receive no sentence
good conduct credit unless he or she either has
successfully completed or is participating in sex offender
treatment as defined by the Sex Offender Management Board.
However, prisoners who are waiting to receive such
treatment, but who are unable to do so due solely to the
lack of resources on the part of the Department, may, at
the Director's sole discretion, be awarded sentence good

09700SB2621sam002 - 47 - LRB097 16232 MRW 68715 a
conduct credit at a such rate as the Director shall
determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of
sentence good conduct credit for good conduct under
paragraph (3) of subsection (a) of this Section meritorious
service given at any time during the term, the Department
shall give reasonable notice of the impending release not
less than 14 days prior to the date of the release to the
State's Attorney of the county where the prosecution of the
inmate took place, and if applicable, the State's Attorney
of the county into which the inmate will be released. The
Department must also make identification information and a
recent photo of the inmate being released accessible on the
Internet by means of a hyperlink labeled "Community
Notification of Inmate Early Release" on the Department's
World Wide Web homepage. The identification information
shall include the inmate's: name, any known alias, date of
birth, physical characteristics, residence address,
commitment offense and county where conviction was
imposed. The identification information shall be placed on
the website within 3 days of the inmate's release and the
information may not be removed until either: completion of
the first year of mandatory supervised release or return of
the inmate to custody of the Department.
(b) Whenever a person is or has been committed under

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several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit good time.
(c) The Department shall prescribe rules and regulations
for revoking sentence good conduct credit, including revoking
sentence credit awarded for good conduct and promoting family
relationship under paragraph (3) of subsection (a) of this
Section. The Department shall prescribe rules and regulations
for or suspending or reducing the rate of accumulation of
sentence good conduct credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence good conduct credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence good conduct credits before the Prisoner Review Board
as provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or when
during any 12 month period, the cumulative amount of credit
revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release. In
those cases, the Department of Corrections may revoke up to 30
days of sentence good conduct credit. The Board may
subsequently approve the revocation of additional sentence

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good conduct credit, if the Department seeks to revoke sentence
good conduct credit in excess of 30 days. However, the Board
shall not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence good conduct credit
within any calendar year for any prisoner or to increase any
penalty beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence good
conduct credits which have been revoked, suspended or reduced.
Any restoration of sentence good conduct credits in excess of
30 days shall be subject to review by the Prisoner Review
Board. However, the Board may not restore sentence good conduct
credit in excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence good conduct
credit by bringing charges against the prisoner sought to be

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deprived of the sentence good conduct credits before the
Prisoner Review Board as provided in subparagraph (a)(8) of
Section 3-3-2 of this Code. If the prisoner has not accumulated
180 days of sentence good conduct credit at the time of the
finding, then the Prisoner Review Board may revoke all sentence
good conduct credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or

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(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
earlier than it otherwise would because of a grant of sentence
good conduct credit, the Department, as a condition of such
early release, shall require that the person, upon release, be
placed under electronic surveillance as provided in Section
5-8A-7 of this Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;

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95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-333, eff. 8-12-11.)
(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
Sec. 3-7-6. Reimbursement for expenses.
(a) Responsibility of committed persons. For the purposes
of this Section, "committed persons" mean those persons who
through judicial determination have been placed in the custody
of the Department on the basis of a conviction as an adult.
Committed persons shall be responsible to reimburse the
Department for the expenses incurred by their incarceration at
a rate to be determined by the Department in accordance with
this Section.
(1) Committed persons shall fully cooperate with the
Department by providing complete financial information for
the purposes under this Section.
(2) The failure of a committed person to fully
cooperate as provided for in clauses (3) and (4) of
subsection (a-5) shall be considered for purposes of a
parole determination. Any committed person who willfully
refuses to cooperate with the obligations set forth in this
Section may be subject to the loss of sentence good conduct
credit towards his or her sentence of up to 180 days.

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(a-5) Assets information form.
(1) The Department shall develop a form, which shall be
used by the Department to obtain information from all
committed persons regarding assets of the persons.
(2) In order to enable the Department to determine the
financial status of the committed person, the form shall
provide for obtaining the age and marital status of a
committed person, the number and ages of children of the
person, the number and ages of other dependents, the type
and value of real estate, the type and value of personal
property, cash and bank accounts, the location of any lock
boxes, the type and value of investments, pensions and
annuities and any other personalty of significant cash
value, including but not limited to jewelry, art work and
collectables, and all medical or dental insurance policies
covering the committed person. The form may also provide
for other information deemed pertinent by the Department in
the investigation of a committed person's assets.
(3) Upon being developed, the form shall be submitted
to each committed person as of the date the form is
developed and to every committed person who thereafter is
sentenced to imprisonment under the jurisdiction of the
Department. The form may be resubmitted to a committed
person by the Department for purpose of obtaining current
information regarding the assets of the person.
(4) Every committed person shall complete the form or

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provide for completion of the form and the committed person
shall swear under oath or affirm that to the best of his or
her knowledge the information provided is complete and
accurate.
(b) Expenses. The rate at which sums to be charged for the
expenses incurred by a committed person for his or her
confinement shall be computed by the Department as the average
per capita cost per day for all inmates of that institution or
facility for that fiscal year. The average per capita cost per
day shall be computed by the Department based on the average
per capita cost per day for the operation of that institution
or facility for the fiscal year immediately preceding the
period of incarceration for which the rate is being calculated.
The Department shall establish rules and regulations providing
for the computation of the above costs, and shall determine the
average per capita cost per day for each of its institutions or
facilities for each fiscal year. The Department shall have the
power to modify its rules and regulations, so as to provide for
the most accurate and most current average per capita cost per
day computation. Where the committed person is placed in a
facility outside the Department, the Department may pay the
actual cost of services in that facility, and may collect
reimbursement for the entire amount paid from the committed
person receiving those services.
(c) Records. The records of the Department, including, but
not limited to, those relating to: the average per capita cost

09700SB2621sam002 - 55 - LRB097 16232 MRW 68715 a
per day for a particular institution or facility for a
particular year, and the calculation of the average per capita
cost per day; the average daily population of a particular
Department correctional institution or facility for a
particular year; the specific placement of a particular
committed person in various Department correctional
institutions or facilities for various periods of time; and the
record of transactions of a particular committed person's trust
account under Section 3-4-3 of this Act; may be proved in any
legal proceeding, by a reproduced copy thereof or by a computer
printout of Department records, under the certificate of the
Director. If reproduced copies are used, the Director must
certify that those are true and exact copies of the records on
file with the Department. If computer printouts of records of
the Department are offered as proof, the Director must certify
that those computer printouts are true and exact
representations of records properly entered into standard
electronic computing equipment, in the regular course of the
Department's business, at or reasonably near the time of the
occurrence of the facts recorded, from trustworthy and reliable
information. The reproduced copy or computer printout shall,
without further proof, be admitted into evidence in any legal
proceeding, and shall be prima facie correct and prima facie
evidence of the accuracy of the information contained therein.
(d) Authority. The Director, or the Director's designee,
may, when he or she knows or reasonably believes that a

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committed person, or the estate of that person, has assets
which may be used to satisfy all or part of a judgment rendered
under this Act, or when he or she knows or reasonably believes
that a committed person is engaged in gang-related activity and
has a substantial sum of money or other assets, provide for the
forwarding to the Attorney General of a report on the committed
person and that report shall contain a completed form under
subsection (a-5) together with all other information available
concerning the assets of the committed person and an estimate
of the total expenses for that committed person, and authorize
the Attorney General to institute proceedings to require the
persons, or the estates of the persons, to reimburse the
Department for the expenses incurred by their incarceration.
The Attorney General, upon authorization of the Director, or
the Director's designee, shall institute actions on behalf of
the Department and pursue claims on the Department's behalf in
probate and bankruptcy proceedings, to recover from committed
persons the expenses incurred by their confinement. For
purposes of this subsection (d), "gang-related" activity has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) Scope and limitations.
(1) No action under this Section shall be initiated
more than 2 years after the release or death of the
committed person in question.
(2) The death of a convicted person, by execution or

09700SB2621sam002 - 57 - LRB097 16232 MRW 68715 a
otherwise, while committed to a Department correctional
institution or facility shall not act as a bar to any
action or proceeding under this Section.
(3) The assets of a committed person, for the purposes
of this Section, shall include any property, tangible or
intangible, real or personal, belonging to or due to a
committed or formerly committed person including income or
payments to the person from social security, worker's
compensation, veteran's compensation, pension benefits, or
from any other source whatsoever and any and all assets and
property of whatever character held in the name of the
person, held for the benefit of the person, or payable or
otherwise deliverable to the person. Any trust, or portion
of a trust, of which a convicted person is a beneficiary,
shall be construed as an asset of the person, to the extent
that benefits thereunder are required to be paid to the
person, or shall in fact be paid to the person. At the time
of a legal proceeding by the Attorney General under this
Section, if it appears that the committed person has any
assets which ought to be subjected to the claim of the
Department under this Section, the court may issue an order
requiring any person, corporation, or other legal entity
possessed or having custody of those assets to appropriate
any of the assets or a portion thereof toward reimbursing
the Department as provided for under this Section. No
provision of this Section shall be construed in violation

09700SB2621sam002 - 58 - LRB097 16232 MRW 68715 a
of any State or federal limitation on the collection of
money judgments.
(4) Nothing in this Section shall preclude the
Department from applying federal benefits that are
specifically provided for the care and treatment of a
committed person toward the cost of care provided by a
State facility or private agency.
(Source: P.A. 94-1017, eff. 7-7-06.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of

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

09700SB2621sam002 - 60 - LRB097 16232 MRW 68715 a
405.1, 405.2, or 407 of the Illinois Controlled Substances
Act or a violation of Section 55 or Section 65 of the
Methamphetamine Control and Community Protection Act, or
(ii) a Class 4 felony violation of Section 11-14, 11-14.3
except as described in subdivisions (a)(2)(A) and
(a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
Criminal Code of 1961, committed by the defendant the
opportunity to make a statement concerning the impact on
the victim and to offer evidence in aggravation or
mitigation; provided that the statement and evidence
offered in aggravation or mitigation must first be prepared
in writing in conjunction with the State's Attorney before
it may be presented orally at the hearing. Any sworn
testimony offered by the victim is subject to the
defendant's right to cross-examine. All statements and
evidence offered under this paragraph (7) shall become part
of the record of the court. For the purpose of this
paragraph (7), "qualified individual" means any person who
(i) lived or worked within the territorial jurisdiction
where the offense took place when the offense took place;
and (ii) is familiar with various public places within the
territorial jurisdiction where the offense took place when
the offense took place. For the purposes of this paragraph
(7), "qualified individual" includes any peace officer, or
any member of any duly organized State, county, or
municipal peace unit assigned to the territorial

09700SB2621sam002 - 61 - LRB097 16232 MRW 68715 a
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any

09700SB2621sam002 - 62 - LRB097 16232 MRW 68715 a
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit early release found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to
inform the public, has no legal effect on the defendant's
actual release, and may not be relied on by the defendant on

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appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3)(A) of Section
3-6-3, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence good conduct credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days
additional sentence good conduct credit for good conduct, less
up to 180 days additional sentence credit for promoting a
preexisting family relationship with a minor child or children
meritorious service. If the defendant, because of his or her
own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence good conduct credit for
each day of participation in vocational, industry, substance
abuse, and educational programs as provided for by Illinois
statute."
When the sentence is imposed for one of the offenses

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enumerated in paragraph (a)(3)(A) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses enumerated
in paragraph (a)(2) of Section 3-6-3 committed on or after June
19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed on or
after January 1, 1999, and other than when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and other than when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (C) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code committed on
or after January 1, 2011 (the effective date of Public Act
96-1230), the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence good conduct credit, the period of estimated actual
custody is ... years and ... months, less up to 90 days

09700SB2621sam002 - 65 - LRB097 16232 MRW 68715 a
additional sentence good conduct credit for good conduct, less
up to 180 days additional sentence credit for promoting a
preexisting family relationship with a minor child or children
meritorious service. If the defendant, because of his or her
own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence good conduct credit for
each day of participation in vocational, industry, substance
abuse, and educational programs as provided for by Illinois
statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 if the offense was committed on or after
January 1, 1999, and when the sentence is imposed for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, and when the sentence is imposed for aggravated arson if
the offense was committed on or after July 27, 2001 (the
effective date of Public Act 92-176), and when the sentence is
imposed for aggravated driving under the influence of alcohol,

09700SB2621sam002 - 66 - LRB097 16232 MRW 68715 a
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence good conduct credit for each month of his or her
sentence of imprisonment. Therefore, this defendant will serve
at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her
sentence, the period of estimated actual custody is ... years
and ... months. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the

09700SB2621sam002 - 67 - LRB097 16232 MRW 68715 a
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence good conduct
credit. Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no sentence credit for good
conduct credit under clause (3) of subsection (a) of Section

09700SB2621sam002 - 68 - LRB097 16232 MRW 68715 a
3-6-3 until he or she participates in and completes a substance
abuse treatment program or receives a waiver from the Director
of Corrections pursuant to clause (4.5) of subsection (a) of
Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified

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psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the

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department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under

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paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10;
96-1180, eff. 1-1-11; 96-1230, eff. 1-1-11; 96-1551, eff.
7-1-11; 97-333, eff. 8-12-11.)
(730 ILCS 5/5-4.5-20)
Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
degree murder:
(a) TERM. The defendant shall be sentenced to imprisonment
or, if appropriate, death under Section 9-1 of the Criminal
Code of 1961 (720 ILCS 5/9-1). Imprisonment shall be for a
determinate term of (1) not less than 20 years and not more
than 60 years; (2) not less than 60 years and not more than 100
years when an extended term is imposed under Section 5-8-2 (730
ILCS 5/5-8-2); or (3) natural life as provided in Section 5-8-1
(730 ILCS 5/5-8-1).
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program

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or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. Drug court is not an authorized
disposition.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT EARLY RELEASE; GOOD CONDUCT. See
Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for
sentence credit early release based on good conduct.
(k) ELECTRONIC HOME DETENTION. Electronic home detention
is not an authorized disposition, except in limited
circumstances as provided in Section 5-8A-3 (730 ILCS
5/5-8A-3).
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
mandatory supervised release term shall be 3 years upon release

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from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-25)
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 6 years and not more than
30 years. The sentence of imprisonment for an extended term
Class X felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be not less than 30 years and not more than 60
years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

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(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT EARLY RELEASE; GOOD CONDUCT. See
Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for
sentence credit early release based on good conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 3 years upon release from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-30)
Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
felony:
(a) TERM. The sentence of imprisonment, other than for
second degree murder, shall be a determinate sentence of not
less than 4 years and not more than 15 years. The sentence of
imprisonment for second degree murder shall be a determinate
sentence of not less than 4 years and not more than 20 years.

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The sentence of imprisonment for an extended term Class 1
felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
be a term not less than 15 years and not more than 30 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of from 3 to 4 years,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 4
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3). In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he or she was serving a term of
probation or conditional discharge for a felony.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730

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ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT EARLY RELEASE; GOOD CONDUCT. See
Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County
Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for sentence credit early release based on good
conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 2 years upon release from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-35)
Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 3 years and not more than

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7 years. The sentence of imprisonment for an extended term
Class 2 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 7 years and not more
than 14 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of from 18 to 30
months, except as otherwise provided in Section 5-5-3 or 5-7-1
(730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 4
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment

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Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT EARLY RELEASE; GOOD CONDUCT. See
Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County
Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for sentence credit early release based on good
conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 2 years upon release from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-40)
Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 2 years and not more than
5 years. The sentence of imprisonment for an extended term
Class 3 felony, as provided in Section 5-8-2 (730 ILCS

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5/5-8-2), shall be a term not less than 5 years and not more
than 10 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation
or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.

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(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT EARLY RELEASE; GOOD CONDUCT. See
Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County
Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for sentence credit early release based on good
conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be one year upon release from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-45)
Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than one year and not more
than 3 years. The sentence of imprisonment for an extended term
Class 4 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 3 years and not more
than 6 years.

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(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation
or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home

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detention prior to judgment.
(j) SENTENCE CREDIT EARLY RELEASE; GOOD CONDUCT. See
Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County
Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for sentence credit early release based on good
conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be one year upon release from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-55)
Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of less than one year.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of less than one
year, except as otherwise provided in Section 5-5-3 or 5-7-1
(730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact

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incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 2
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3).
(e) FINE. A fine not to exceed $2,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE EARLY RELEASE; GOOD CONDUCT.

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See the County Jail Good Behavior Allowance Act (730 ILCS 130/)
for rules and regulations for good behavior allowance early
release based on good conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-60)
Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
B misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 6 months.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 6 months or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. A fine not to exceed $1,500 for each offense or
the amount specified in the offense, whichever is greater, may

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be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE EARLY RELEASE; GOOD CONDUCT.
See the County Jail Good Behavior Allowance Act (730 ILCS 130/)
for rules and regulations for good behavior allowance early
release based on good conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-65)

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Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
C misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 30 days.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 30 days or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. A fine not to exceed $1,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730

09700SB2621sam002 - 87 - LRB097 16232 MRW 68715 a
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE EARLY RELEASE; GOOD CONDUCT.
See the County Jail Good Behavior Allowance Act (730 ILCS 130/)
for rules and regulations for good behavior allowance early
release based on good conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall
commence on the date on which the offender is received by the
Department or the institution at which the sentence is to be
served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
forth in subsection (e), the offender shall be given credit on
the determinate sentence or maximum term and the minimum period
of imprisonment for the number of days time spent in custody as

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a result of the offense for which the sentence was imposed. The
Department shall calculate the credit , at the rate specified in
Section 3-6-3 (730 ILCS 5/3-6-3). Except when prohibited by
subsection (d), the trial court shall may give credit to the
defendant for time spent in home detention on the same
sentencing terms as incarceration as provided in Section 5-8A-3
(730 ILCS 5/5-8A-3). The trial court may give credit to the
defendant for the number of days spent , or when the defendant
has been confined for psychiatric or substance abuse treatment
prior to judgment, if the court finds that the detention or
confinement was custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
arrested on one charge and prosecuted on another charge for
conduct that occurred prior to his or her arrest shall be given
credit on the determinate sentence or maximum term and the
minimum term of imprisonment for time spent in custody under
the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the
defendant credit for successfully completing county
programming while in custody prior to imposition of sentence at
the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the
purposes of this subsection, "custody" includes time spent in
home detention.
(d) NO CREDIT; SOME HOME DETENTION. An offender sentenced
to a term of imprisonment for an offense listed in paragraph
(2) of subsection (c) of Section 5-5-3 (730 ILCS 5/5-5-3) or in

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paragraph (3) of subsection (c-1) of Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501) shall not receive
credit for time spent in home detention prior to judgment.
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
RELEASE, OR PROBATION. An offender charged with the commission
of an offense committed while on parole, mandatory supervised
release, or probation shall not be given credit for time spent
in custody under subsection (b) for that offense for any time
spent in custody as a result of a revocation of parole,
mandatory supervised release, or probation where such
revocation is based on a sentence imposed for a previous
conviction, regardless of the facts upon which the revocation
of parole, mandatory supervised release, or probation is based,
unless both the State and the defendant agree that the time
served for a violation of mandatory supervised release, parole,
or probation shall be credited towards the sentence for the
current offense.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates 96-427, eff.
8-13-09; 96-1000, eff. 7-2-10.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic

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imprisonment or conditional discharge shall not be imposed
for the following offenses. The court shall sentence the
offender to not less than the minimum term of imprisonment
set forth in this Code for the following offenses, and may
order a fine or restitution or both in conjunction with
such term of imprisonment:
(A) First degree murder where the death penalty is
not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
of that Act which relates to more than 5 grams of a
substance containing heroin, cocaine, fentanyl, or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony,
including any state or federal conviction for an
offense that contained, at the time it was committed,
the same elements as an offense now (the date of the
offense committed after the prior Class 2 or greater
felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender

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committed the offense for which he or she is being
sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or
24-1.6 of the Criminal Code of 1961 for which
imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5
or more persons, with an established hierarchy, that
encourages members of the association to perpetrate
crimes or provides support to the members of the
association who do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.

09700SB2621sam002 - 92 - LRB097 16232 MRW 68715 a
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense upon
which the hate crime is based is felony aggravated
assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to the
property exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961.
(Q) A violation of Section 20-1.2 or 20-1.3 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the Criminal
Code of 1961.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section
6-303 of the Illinois Vehicle Code committed while his
or her driver's license, permit, or privilege was

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revoked because of a violation of Section 9-3 of the
Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c)
of Section 11-20.1B or paragraph (4) of subsection (c)
of Section 11-20.3 of the Criminal Code of 1961.
(W) A violation of Section 24-3.5 of the Criminal
Code of 1961.
(X) A violation of subsection (a) of Section 31-1a
of the Criminal Code of 1961.
(Y) A conviction for unlawful possession of a
firearm by a street gang member when the firearm was
loaded or contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge
for a felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of
a value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding
for sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the
aggregate of $500,000 or more.
(DD) A conviction for aggravated assault under

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paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 if the firearm is aimed toward
the person against whom the firearm is being used.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303
of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8)
of this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court,
shall be imposed for a second violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6),
and (4.9) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community service,
as determined by the court, shall be imposed for a third or
subsequent violation of Section 6-303 of the Illinois
Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall
be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.

09700SB2621sam002 - 95 - LRB097 16232 MRW 68715 a
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.7) A minimum term of imprisonment of not less than
30 consecutive days, or 300 hours of community service,
shall be imposed for a violation of subsection (a-5) of
Section 6-303 of the Illinois Vehicle Code, as provided in
subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for
a second violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (c-5)
of that Section. The person's driving privileges shall be
revoked for a period of not less than 5 years from the date
of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4
and not more than 15 years shall be imposed for a third
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-2.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent
violation of subsection (a-5) of Section 6-303 of the

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Illinois Vehicle Code, as provided in subsection (d-3.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(5) The court may sentence a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
5-5-6 of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of
the Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation resulted
in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any other penalties imposed, a
person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her

09700SB2621sam002 - 97 - LRB097 16232 MRW 68715 a
driver's license, permit, or privileges suspended for 2
years, if the violation resulted in the death of another
person.
(5.4) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 3 months and until he
or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code during a period in which his or her driver's
license, permit, or privileges were suspended for a
previous violation of that Section shall have his or her
driver's license, permit, or privileges suspended for an
additional 6 months after the expiration of the original
3-month suspension and until he or she has paid a
reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to
a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
for a first offense and $2,000 for a second or subsequent

09700SB2621sam002 - 98 - LRB097 16232 MRW 68715 a
offense upon a person convicted of or placed on supervision
for battery when the individual harmed was a sports
official or coach at any level of competition and the act
causing harm to the sports official or coach occurred
within an athletic facility or within the immediate
vicinity of the athletic facility at which the sports
official or coach was an active participant of the athletic
contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an
athletic contest who enforces the rules of the contest,
such as an umpire or referee; "athletic facility" means an
indoor or outdoor playing field or recreational area where
sports activities are conducted; and "coach" means a person
recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation
of that Section.
(13) A person convicted of or placed on court
supervision for an assault or aggravated assault when the
victim and the offender are family or household members as
defined in Section 103 of the Illinois Domestic Violence
Act of 1986 or convicted of domestic battery or aggravated
domestic battery may be required to attend a Partner Abuse

09700SB2621sam002 - 99 - LRB097 16232 MRW 68715 a
Intervention Program under protocols set forth by the
Illinois Department of Human Services under such terms and
conditions imposed by the court. The costs of such classes
shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of

09700SB2621sam002 - 100 - LRB097 16232 MRW 68715 a
the offense, the court shall consider the safety and welfare of
the victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that

09700SB2621sam002 - 101 - LRB097 16232 MRW 68715 a
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 1961.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
defendant shall undergo medical testing to determine whether
the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall
be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the defendant's person. Except as
otherwise provided by law, the results of such test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed

09700SB2621sam002 - 102 - LRB097 16232 MRW 68715 a
envelope to the judge of the court in which the conviction was
entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed.
The court shall notify the defendant of the test results. The
court shall also notify the victim if requested by the victim,
and if the victim is under the age of 15 and if requested by the
victim's parents or legal guardian, the court shall notify the
victim's parents or legal guardian of the test results. The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's Attorney
may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in
order to prosecute a charge of criminal transmission of HIV
under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
against the defendant. The court shall order that the cost of
any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results

09700SB2621sam002 - 103 - LRB097 16232 MRW 68715 a
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct

09700SB2621sam002 - 104 - LRB097 16232 MRW 68715 a
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961, any violation of
the Illinois Controlled Substances Act, any violation of the
Cannabis Control Act, or any violation of the Methamphetamine
Control and Community Protection Act results in conviction, a

09700SB2621sam002 - 105 - LRB097 16232 MRW 68715 a
disposition of court supervision, or an order of probation
granted under Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substance Act, or Section 70 of
the Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of

09700SB2621sam002 - 106 - LRB097 16232 MRW 68715 a
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection

09700SB2621sam002 - 107 - LRB097 16232 MRW 68715 a
(l), whenever a defendant, who is an alien as defined by
the Immigration and Nationality Act, is convicted of any
felony or misdemeanor offense, the court after sentencing
the defendant may, upon motion of the State's Attorney,
hold sentence in abeyance and remand the defendant to the
custody of the Attorney General of the United States or his
or her designated agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act, the court may, upon motion of the State's
Attorney to suspend the sentence imposed, commit the
defendant to the custody of the Attorney General of the
United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under

09700SB2621sam002 - 108 - LRB097 16232 MRW 68715 a
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to
the custody of the county from which he or she was
sentenced. Thereafter, the defendant shall be brought
before the sentencing court, which may impose any sentence
that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be
eligible for additional sentence good conduct credit for
good conduct meritorious service as provided under Section
3-6-3 3-6-6.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

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subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 (i) to an impact incarceration program if the person is
otherwise eligible for that program under Section 5-8-1.1, (ii)
to community service, or (iii) if the person is an addict or
alcoholic, as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, to a substance or alcohol abuse program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-159, eff. 7-21-11; revised 9-14-11.)
(730 ILCS 5/5-8-1.4 new)
Sec. 5-8-1.4. Compliance Credit Pilot Program.
(a) There is created a Compliance Credit Pilot Program
beginning on January 1, 2013. The purpose of the program is to
incentivize compliant behavior by inmates convicted of certain
non-violent offenses sentenced to imprisonment in the
Department for the first time, and to facilitate successful
re-entry into society with enhanced community supervision

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following release.
(b) If the court finds that an offender sentenced to a term
of imprisonment for a covered offense meets the eligibility
criteria of this Section, the court may, in its sentencing
order, approve the offender for participation in the Compliance
Credit Pilot Program.
(c) Covered offenses are:
(1) Class 4 felony possession of a controlled
substance.
(2) Class 4 felony possession of cannabis.
(3) Class 4 felony prostitution.
(d) To be eligible for the Compliance Credit Pilot Program
the offender must be convicted of a covered offense and:
(1) be sentenced to not more than 2 years in the
Department;
(2) have 2 or more sentences of probation for prior
convictions;
(3) not have a prior conviction for which the offender
was sentenced to a term of imprisonment in the Department,
another state or federal adult correctional facility;
(4) not have a prior conviction for a covered offense
that resulted in a sentence of imprisonment; and
(5) where the offender has a prior felony conviction
for theft or retail theft, then he or she must have
received a disposition other than a sentence of
imprisonment and the court must make a written

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determination that the previous conviction for theft or
retail theft was substance abuse related.
(e) An offender approved for the Compliance Credit Pilot
Program by the court shall participate in the program for the
following term:
(1) if sentenced to one year but less than 18 months of
imprisonment, a term of 60 days;
(2) if sentenced to 18 months but less than 2 years of
imprisonment, a term of 75 days; or
(3) if sentenced to 2 years of imprisonment, a term of
90 days.
(f) An offender who successfully completes the Compliance
Credit Pilot Program term, shall be released after completion
of the required term to serve one year of mandatory supervised
release under paragraph (3) of subsection (d) of Section 5-8-1
of this Code. The offender shall be subject to the mandatory
supervised release conditions under Section 3-3-7 of this Code.
(g) An offender shall be subject to a program of graduated
sanctions as determined by the Department for a violation of a
Department or facility rule or regulation during the program
term. The sentence of an offender terminated from the program
shall not be reduced by the number of days the offender
participated in the program. The number of days the terminated
offender served in the program shall be deducted from the
offender's unserved sentence credit.
(h) The Department shall report to the Governor and the

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General Assembly by December 31, 2013 and by December 31 of
each calendar year thereafter until January 1, 2016, on the
Compliance Credit Pilot Program. The report shall include, but
not be limited to, the following:
(1) the number of offenders sentenced to the program,
by county;
(2) the recidivism rate of offenders who participated
in the program, including the number of participants
re-incarcerated for technical parole violations and those
arrested for new offenses;
(3) the number of offenders that successfully
completed the program; and
(4) the number of offenders terminated from the
program.
(i) For each inmate released under the Compliance Credit
Pilot Program, prior to the initial release date assigned to
the inmate upon entry to the Department, 50% of the marginal
cost saved by the Department from the earlier release date
shall be transferred to Department programming that is
available to earn sentence credit, facilitate successful
re-entry into society by inmates, reduce recidivism of released
inmates, and diversion of low-risk offenders from
incarceration in the Department. When more than 250 inmates
have been released under the Compliance Credit Pilot Program,
50% of the per capita costs saved less the marginal cost
savings redirected to programming shall be transferred to the

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Adult Redeploy Illinois program up to a maximum of $10 million
in the next Fiscal Year. Savings shall be calculated by the
Sentencing Policy Advisory Council by use of the following
formula:
(1) As used in this subsection:
"Daily per capita cost" means the per capita costs
for the Fiscal Year in question divided by the number
of days in that year.
"Daily marginal cost" means the marginal cost for
the Fiscal Year in question divided by the number of
days in that year.
"Days served" means a calendar day, or part
thereof, during which an inmate was incarcerated.
"Marginal cost" means the average marginal cost
per inmate reported by the Department of Corrections in
its annual report for the Fiscal Year during which the
inmates in question were incarcerated.
"Per capita cost" means the average per capita cost
reported by the Department of Corrections in its annual
report for the Fiscal Year during which the inmates in
question were incarcerated.
(2) Cost savings shall be calculated by the Sentencing
Policy Advisory Council based on the reduction in the total
number of days served by inmates due to the Compliance
Credit Pilot Program. Marginal cost savings shall be
calculated as the total reduction in the number of days

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served multiplied by the daily marginal cost. Per capita
cost savings shall be calculated as the total reduction in
the number of days served multiplied by the daily per
capita cost.
(j) This Section is repealed on January 1, 2016.
Section 99. Effective date. This Act takes effect upon
becoming law.".