Illinois General Assembly - Full Text of SB1678
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Full Text of SB1678  98th General Assembly

SB1678sam001 98TH GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 3/7/2013

 

 


 

 


 
09800SB1678sam001LRB098 09838 RLC 40921 a

1
AMENDMENT TO SENATE BILL 1678

2    AMENDMENT NO. ______. Amend Senate Bill 1678 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9 and by adding Section 9.5 as
6follows:
 
7    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
8    Sec. 9. Every person whose application for a Firearm
9Owner's Identification Card is denied, and every holder of such
10a Card whose Card is revoked or seized, shall receive a written
11notice from the Department of State Police stating specifically
12the grounds upon which his application has been denied or upon
13which his Identification Card has been revoked. The written
14notice shall include the requirements of Section 9.5 of this
15Act. A copy of the written notice shall be provided to the
16sheriff and law enforcement agency where the person resides.

 

 

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1(Source: P.A. 97-1131, eff. 1-1-13.)
 
2    (430 ILCS 65/9.5 new)
3    Sec. 9.5. Revocation of Firearm Owner's Identification
4Card.
5    (a) A person who receives a revocation notice under Section
69 of this Act shall, within 48 hours of receiving notice of the
7revocation:
8        (1) surrender his or her Firearm Owner's
9    Identification Card to the local law enforcement agency
10    where the person resides. The local law enforcement agency
11    shall provide the person a receipt and transmit the Firearm
12    Owner's Identification Card to the Department of State
13    Police; and
14        (2) complete a Firearm Disposition Record on a form
15    prescribed by the Department of State Police. The form
16    shall require the person to disclose:
17            (A) the make, model, and serial number of all
18        firearms owned by or under the custody and control of
19        the revoked person;
20            (B) the location where the firearms will be
21        maintained during the prohibited term; and
22            (C) if the firearms will be transferred to the
23        custody of another person, the name, address and
24        Identification number of the transferee.
25    (b) The local law enforcement agency shall provide a copy

 

 

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1of the Firearm Disposition Record to the person whose Firearm
2Owner's Identification Card has been revoked and to the
3Department of State Police.
4    (c) If the person whose Firearm Owner's Identification Card
5has been revoked fails to comply with the requirements of this
6Section, the sheriff or law enforcement agency where the person
7resides may petition the circuit court to issue a warrant to
8search for and seize the Firearm Owner's Identification Card
9and firearms in the possession and under the custody or control
10of the person whose Firearm Owner's Identification Card has
11been revoked.
12    (d) A violation of this Section is a Class 4 felony.
13    (e) The observation of an Firearm Owner's Identification
14Card in the possession of a person whose Firearm Owner's
15Identification Card has been revoked constitutes a sufficient
16basis for the arrest of that person for violation of this
17Section.
18    (f) Within 60 days after the effective date of this
19amendatory Act of the 98th General Assembly, the Department of
20State Police shall provide written notice of the requirements
21of this Section to persons whose Firearm Owner's Identification
22Cards have not expired and who have failed to surrender their
23cards to the Department.
24    (g) Persons whose Firearm Owner's Identification Cards
25have been revoked and who receive notice under subsection (f)
26shall comply with the requirements of this Section within 48

 

 

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1hours of receiving notice.
 
2    Section 10. The Unified Code of Corrections is amended by
3changing Sections 3-2-2, 3-6-3, and 5-8-1 as follows:
 
4    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
5    Sec. 3-2-2. Powers and Duties of the Department.
6    (1) In addition to the powers, duties and responsibilities
7which are otherwise provided by law, the Department shall have
8the following powers:
9        (a) To accept persons committed to it by the courts of
10    this State for care, custody, treatment and
11    rehabilitation, and to accept federal prisoners and aliens
12    over whom the Office of the Federal Detention Trustee is
13    authorized to exercise the federal detention function for
14    limited purposes and periods of time.
15        (b) To develop and maintain reception and evaluation
16    units for purposes of analyzing the custody and
17    rehabilitation needs of persons committed to it and to
18    assign such persons to institutions and programs under its
19    control or transfer them to other appropriate agencies. In
20    consultation with the Department of Alcoholism and
21    Substance Abuse (now the Department of Human Services), the
22    Department of Corrections shall develop a master plan for
23    the screening and evaluation of persons committed to its
24    custody who have alcohol or drug abuse problems, and for

 

 

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1    making appropriate treatment available to such persons;
2    the Department shall report to the General Assembly on such
3    plan not later than April 1, 1987. The maintenance and
4    implementation of such plan shall be contingent upon the
5    availability of funds.
6        (b-1) To create and implement, on January 1, 2002, a
7    pilot program to establish the effectiveness of
8    pupillometer technology (the measurement of the pupil's
9    reaction to light) as an alternative to a urine test for
10    purposes of screening and evaluating persons committed to
11    its custody who have alcohol or drug problems. The pilot
12    program shall require the pupillometer technology to be
13    used in at least one Department of Corrections facility.
14    The Director may expand the pilot program to include an
15    additional facility or facilities as he or she deems
16    appropriate. A minimum of 4,000 tests shall be included in
17    the pilot program. The Department must report to the
18    General Assembly on the effectiveness of the program by
19    January 1, 2003.
20        (b-5) To develop, in consultation with the Department
21    of State Police, a program for tracking and evaluating each
22    inmate from commitment through release for recording his or
23    her gang affiliations, activities, or ranks.
24        (c) To maintain and administer all State correctional
25    institutions and facilities under its control and to
26    establish new ones as needed. Pursuant to its power to

 

 

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1    establish new institutions and facilities, the Department
2    may, with the written approval of the Governor, authorize
3    the Department of Central Management Services to enter into
4    an agreement of the type described in subsection (d) of
5    Section 405-300 of the Department of Central Management
6    Services Law (20 ILCS 405/405-300). The Department shall
7    designate those institutions which shall constitute the
8    State Penitentiary System.
9        Pursuant to its power to establish new institutions and
10    facilities, the Department may authorize the Department of
11    Central Management Services to accept bids from counties
12    and municipalities for the construction, remodeling or
13    conversion of a structure to be leased to the Department of
14    Corrections for the purposes of its serving as a
15    correctional institution or facility. Such construction,
16    remodeling or conversion may be financed with revenue bonds
17    issued pursuant to the Industrial Building Revenue Bond Act
18    by the municipality or county. The lease specified in a bid
19    shall be for a term of not less than the time needed to
20    retire any revenue bonds used to finance the project, but
21    not to exceed 40 years. The lease may grant to the State
22    the option to purchase the structure outright.
23        Upon receipt of the bids, the Department may certify
24    one or more of the bids and shall submit any such bids to
25    the General Assembly for approval. Upon approval of a bid
26    by a constitutional majority of both houses of the General

 

 

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1    Assembly, pursuant to joint resolution, the Department of
2    Central Management Services may enter into an agreement
3    with the county or municipality pursuant to such bid.
4        (c-5) To build and maintain regional juvenile
5    detention centers and to charge a per diem to the counties
6    as established by the Department to defray the costs of
7    housing each minor in a center. In this subsection (c-5),
8    "juvenile detention center" means a facility to house
9    minors during pendency of trial who have been transferred
10    from proceedings under the Juvenile Court Act of 1987 to
11    prosecutions under the criminal laws of this State in
12    accordance with Section 5-805 of the Juvenile Court Act of
13    1987, whether the transfer was by operation of law or
14    permissive under that Section. The Department shall
15    designate the counties to be served by each regional
16    juvenile detention center.
17        (d) To develop and maintain programs of control,
18    rehabilitation and employment of committed persons within
19    its institutions.
20        (d-5) To provide a pre-release job preparation program
21    for inmates at Illinois adult correctional centers.
22        (e) To establish a system of supervision and guidance
23    of committed persons in the community.
24        (e-5) To enter into intergovernmental cooperation
25    agreements with county sheriffs under which sheriffs'
26    departments may enforce and assess compliance with the

 

 

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1    conditions of parole or mandatory supervised release of
2    releasees residing in the county.
3        (f) To establish in cooperation with the Department of
4    Transportation to supply a sufficient number of prisoners
5    for use by the Department of Transportation to clean up the
6    trash and garbage along State, county, township, or
7    municipal highways as designated by the Department of
8    Transportation. The Department of Corrections, at the
9    request of the Department of Transportation, shall furnish
10    such prisoners at least annually for a period to be agreed
11    upon between the Director of Corrections and the Director
12    of Transportation. The prisoners used on this program shall
13    be selected by the Director of Corrections on whatever
14    basis he deems proper in consideration of their term,
15    behavior and earned eligibility to participate in such
16    program - where they will be outside of the prison facility
17    but still in the custody of the Department of Corrections.
18    Prisoners convicted of first degree murder, or a Class X
19    felony, or armed violence, or aggravated kidnapping, or
20    criminal sexual assault, aggravated criminal sexual abuse
21    or a subsequent conviction for criminal sexual abuse, or
22    forcible detention, or arson, or a prisoner adjudged a
23    Habitual Criminal shall not be eligible for selection to
24    participate in such program. The prisoners shall remain as
25    prisoners in the custody of the Department of Corrections
26    and such Department shall furnish whatever security is

 

 

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1    necessary. The Department of Transportation shall furnish
2    trucks and equipment for the highway cleanup program and
3    personnel to supervise and direct the program. Neither the
4    Department of Corrections nor the Department of
5    Transportation shall replace any regular employee with a
6    prisoner.
7        (g) To maintain records of persons committed to it and
8    to establish programs of research, statistics and
9    planning.
10        (h) To investigate the grievances of any person
11    committed to the Department, to inquire into any alleged
12    misconduct by employees or committed persons, and to
13    investigate the assets of committed persons to implement
14    Section 3-7-6 of this Code; and for these purposes it may
15    issue subpoenas and compel the attendance of witnesses and
16    the production of writings and papers, and may examine
17    under oath any witnesses who may appear before it; to also
18    investigate alleged violations of a parolee's or
19    releasee's conditions of parole or release; and for this
20    purpose it may issue subpoenas and compel the attendance of
21    witnesses and the production of documents only if there is
22    reason to believe that such procedures would provide
23    evidence that such violations have occurred.
24        If any person fails to obey a subpoena issued under
25    this subsection, the Director may apply to any circuit
26    court to secure compliance with the subpoena. The failure

 

 

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1    to comply with the order of the court issued in response
2    thereto shall be punishable as contempt of court.
3        (i) To appoint and remove the chief administrative
4    officers, and administer programs of training and
5    development of personnel of the Department. Personnel
6    assigned by the Department to be responsible for the
7    custody and control of committed persons or to investigate
8    the alleged misconduct of committed persons or employees or
9    alleged violations of a parolee's or releasee's conditions
10    of parole shall be conservators of the peace for those
11    purposes, and shall have the full power of peace officers
12    outside of the facilities of the Department in the
13    protection, arrest, retaking and reconfining of committed
14    persons or where the exercise of such power is necessary to
15    the investigation of such misconduct or violations.
16        (j) To cooperate with other departments and agencies
17    and with local communities for the development of standards
18    and programs for better correctional services in this
19    State.
20        (k) To administer all moneys and properties of the
21    Department.
22        (l) To report annually to the Governor on the committed
23    persons, institutions and programs of the Department.
24        (l-5) (Blank).
25        (m) To make all rules and regulations and exercise all
26    powers and duties vested by law in the Department.

 

 

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1        (n) To establish rules and regulations for
2    administering a system of sentence credits, established in
3    accordance with Section 3-6-3, subject to review by the
4    Prisoner Review Board.
5        (o) To administer the distribution of funds from the
6    State Treasury to reimburse counties where State penal
7    institutions are located for the payment of assistant
8    state's attorneys' salaries under Section 4-2001 of the
9    Counties Code.
10        (p) To exchange information with the Department of
11    Human Services and the Department of Healthcare and Family
12    Services for the purpose of verifying living arrangements
13    and for other purposes directly connected with the
14    administration of this Code and the Illinois Public Aid
15    Code.
16        (q) To establish a diversion program.
17        The program shall provide a structured environment for
18    selected technical parole or mandatory supervised release
19    violators and committed persons who have violated the rules
20    governing their conduct while in work release. This program
21    shall not apply to those persons who have committed a new
22    offense while serving on parole or mandatory supervised
23    release or while committed to work release.
24        Elements of the program shall include, but shall not be
25    limited to, the following:
26            (1) The staff of a diversion facility shall provide

 

 

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1        supervision in accordance with required objectives set
2        by the facility.
3            (2) Participants shall be required to maintain
4        employment.
5            (3) Each participant shall pay for room and board
6        at the facility on a sliding-scale basis according to
7        the participant's income.
8            (4) Each participant shall:
9                (A) provide restitution to victims in
10            accordance with any court order;
11                (B) provide financial support to his
12            dependents; and
13                (C) make appropriate payments toward any other
14            court-ordered obligations.
15            (5) Each participant shall complete community
16        service in addition to employment.
17            (6) Participants shall take part in such
18        counseling, educational and other programs as the
19        Department may deem appropriate.
20            (7) Participants shall submit to drug and alcohol
21        screening.
22            (8) The Department shall promulgate rules
23        governing the administration of the program.
24        (r) To enter into intergovernmental cooperation
25    agreements under which persons in the custody of the
26    Department may participate in a county impact

 

 

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1    incarceration program established under Section 3-6038 or
2    3-15003.5 of the Counties Code.
3        (r-5) (Blank).
4        (r-10) To systematically and routinely identify with
5    respect to each streetgang active within the correctional
6    system: (1) each active gang; (2) every existing inter-gang
7    affiliation or alliance; and (3) the current leaders in
8    each gang. The Department shall promptly segregate leaders
9    from inmates who belong to their gangs and allied gangs.
10    "Segregate" means no physical contact and, to the extent
11    possible under the conditions and space available at the
12    correctional facility, prohibition of visual and sound
13    communication. For the purposes of this paragraph (r-10),
14    "leaders" means persons who:
15            (i) are members of a criminal streetgang;
16            (ii) with respect to other individuals within the
17        streetgang, occupy a position of organizer,
18        supervisor, or other position of management or
19        leadership; and
20            (iii) are actively and personally engaged in
21        directing, ordering, authorizing, or requesting
22        commission of criminal acts by others, which are
23        punishable as a felony, in furtherance of streetgang
24        related activity both within and outside of the
25        Department of Corrections.
26    "Streetgang", "gang", and "streetgang related" have the

 

 

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1    meanings ascribed to them in Section 10 of the Illinois
2    Streetgang Terrorism Omnibus Prevention Act.
3        (s) To operate a super-maximum security institution,
4    in order to manage and supervise inmates who are disruptive
5    or dangerous and provide for the safety and security of the
6    staff and the other inmates.
7        (t) To monitor any unprivileged conversation or any
8    unprivileged communication, whether in person or by mail,
9    telephone, or other means, between an inmate who, before
10    commitment to the Department, was a member of an organized
11    gang and any other person without the need to show cause or
12    satisfy any other requirement of law before beginning the
13    monitoring, except as constitutionally required. The
14    monitoring may be by video, voice, or other method of
15    recording or by any other means. As used in this
16    subdivision (1)(t), "organized gang" has the meaning
17    ascribed to it in Section 10 of the Illinois Streetgang
18    Terrorism Omnibus Prevention Act.
19        As used in this subdivision (1)(t), "unprivileged
20    conversation" or "unprivileged communication" means a
21    conversation or communication that is not protected by any
22    privilege recognized by law or by decision, rule, or order
23    of the Illinois Supreme Court.
24        (u) To establish a Women's and Children's Pre-release
25    Community Supervision Program for the purpose of providing
26    housing and services to eligible female inmates, as

 

 

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1    determined by the Department, and their newborn and young
2    children.
3        (u-5) To issue an order, whenever a person committed to
4    the Department absconds or absents himself or herself,
5    without authority to do so, from any facility or program to
6    which he or she is assigned. The order shall be certified
7    by the Director, the Supervisor of the Apprehension Unit,
8    or any person duly designated by the Director, with the
9    seal of the Department affixed. The order shall be directed
10    to all sheriffs, coroners, and police officers, or to any
11    particular person named in the order. Any order issued
12    pursuant to this subdivision (1) (u-5) shall be sufficient
13    warrant for the officer or person named in the order to
14    arrest and deliver the committed person to the proper
15    correctional officials and shall be executed the same as
16    criminal process.
17        (v) To do all other acts necessary to carry out the
18    provisions of this Chapter.
19    (2) The Department of Corrections shall by January 1, 1998,
20consider building and operating a correctional facility within
21100 miles of a county of over 2,000,000 inhabitants, especially
22a facility designed to house juvenile participants in the
23impact incarceration program.
24    (3) When the Department lets bids for contracts for medical
25services to be provided to persons committed to Department
26facilities by a health maintenance organization, medical

 

 

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1service corporation, or other health care provider, the bid may
2only be let to a health care provider that has obtained an
3irrevocable letter of credit or performance bond issued by a
4company whose bonds have an investment grade or higher rating
5by a bond rating organization.
6    (4) When the Department lets bids for contracts for food or
7commissary services to be provided to Department facilities,
8the bid may only be let to a food or commissary services
9provider that has obtained an irrevocable letter of credit or
10performance bond issued by a company whose bonds have an
11investment grade or higher rating by a bond rating
12organization.
13(Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12;
1497-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
 
15    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
16    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
17        (a) (1) The Department of Corrections shall prescribe
18    rules and regulations for awarding and revoking sentence
19    credit for persons committed to the Department which shall
20    be subject to review by the Prisoner Review Board.
21        (1.5) As otherwise provided by law, sentence credit may
22    be awarded for the following:
23            (A) successful completion of programming while in
24        custody of the Department or while in custody prior to
25        sentencing;

 

 

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1            (B) compliance with the rules and regulations of
2        the Department; or
3            (C) service to the institution, service to a
4        community, or service to the State.
5        (2) The rules and regulations on sentence credit shall
6    provide, with respect to offenses listed in clause (i),
7    (ii), or (iii) of this paragraph (2) committed on or after
8    June 19, 1998 or with respect to the offense listed in
9    clause (iv) of this paragraph (2) committed on or after
10    June 23, 2005 (the effective date of Public Act 94-71) or
11    with respect to offense listed in clause (vi) committed on
12    or after June 1, 2008 (the effective date of Public Act
13    95-625) or with respect to the offense of being an armed
14    habitual criminal committed on or after August 2, 2005 (the
15    effective date of Public Act 94-398) or with respect to the
16    offenses listed in clause (v) of this paragraph (2)
17    committed on or after August 13, 2007 (the effective date
18    of Public Act 95-134) or with respect to the offense of
19    aggravated domestic battery committed on or after July 23,
20    2010 (the effective date of Public Act 96-1224) or with
21    respect to the offense of attempt to commit terrorism
22    committed on or after January 1, 2013 (the effective date
23    of Public Act 97-990), the following:
24            (i) that a prisoner who is serving a term of
25        imprisonment for first degree murder or for the offense
26        of terrorism shall receive no sentence credit and shall

 

 

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1        serve the entire sentence imposed by the court;
2            (ii) that a prisoner serving a sentence for attempt
3        to commit terrorism, attempt to commit first degree
4        murder, solicitation of murder, solicitation of murder
5        for hire, intentional homicide of an unborn child,
6        predatory criminal sexual assault of a child,
7        aggravated criminal sexual assault, criminal sexual
8        assault, aggravated kidnapping, aggravated battery
9        with a firearm as described in Section 12-4.2 or
10        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
11        Section 12-3.05, heinous battery as described in
12        Section 12-4.1 or subdivision (a)(2) of Section
13        12-3.05, being an armed habitual criminal, aggravated
14        battery of a senior citizen as described in Section
15        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
16        aggravated battery of a child as described in Section
17        12-4.3 or subdivision (b)(1) of Section 12-3.05, or
18        unlawful use or possession of weapons by felons or
19        persons in the custody of the Department of Corrections
20        facilities as described in Section 24-1.1, or unlawful
21        possession of a firearm by a street gang member as
22        described in 24-1.8, shall receive no more than 4.5
23        days of sentence credit for each month of his or her
24        sentence of imprisonment;
25            (iii) that a prisoner serving a sentence for home
26        invasion, armed robbery, aggravated vehicular

 

 

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

 

 

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1        conspiracy, street gang criminal drug conspiracy,
2        participation in methamphetamine manufacturing,
3        aggravated participation in methamphetamine
4        manufacturing, delivery of methamphetamine, possession
5        with intent to deliver methamphetamine, aggravated
6        delivery of methamphetamine, aggravated possession
7        with intent to deliver methamphetamine,
8        methamphetamine conspiracy when the substance
9        containing the controlled substance or methamphetamine
10        is 100 grams or more shall receive no more than 7.5
11        days sentence credit for each month of his or her
12        sentence of imprisonment;
13            (vi) that a prisoner serving a sentence for a
14        second or subsequent offense of luring a minor shall
15        receive no more than 4.5 days of sentence credit for
16        each month of his or her sentence of imprisonment; and
17            (vii) that a prisoner serving a sentence for
18        aggravated domestic battery shall receive no more than
19        4.5 days of sentence credit for each month of his or
20        her sentence of imprisonment.
21        (2.1) For all offenses, other than those enumerated in
22    subdivision (a)(2)(i), (ii), or (iii) committed on or after
23    June 19, 1998 or subdivision (a)(2)(iv) committed on or
24    after June 23, 2005 (the effective date of Public Act
25    94-71) or subdivision (a)(2)(v) committed on or after
26    August 13, 2007 (the effective date of Public Act 95-134)

 

 

09800SB1678sam001- 21 -LRB098 09838 RLC 40921 a

1    or subdivision (a)(2)(vi) committed on or after June 1,
2    2008 (the effective date of Public Act 95-625) or
3    subdivision (a)(2)(vii) committed on or after July 23, 2010
4    (the effective date of Public Act 96-1224), and other than
5    the offense of aggravated driving under the influence of
6    alcohol, other drug or drugs, or intoxicating compound or
7    compounds, or any combination thereof as defined in
8    subparagraph (F) of paragraph (1) of subsection (d) of
9    Section 11-501 of the Illinois Vehicle Code, and other than
10    the offense of aggravated driving under the influence of
11    alcohol, other drug or drugs, or intoxicating compound or
12    compounds, or any combination thereof as defined in
13    subparagraph (C) of paragraph (1) of subsection (d) of
14    Section 11-501 of the Illinois Vehicle Code committed on or
15    after January 1, 2011 (the effective date of Public Act
16    96-1230), the rules and regulations shall provide that a
17    prisoner who is serving a term of imprisonment shall
18    receive one day of sentence credit for each day of his or
19    her sentence of imprisonment or recommitment under Section
20    3-3-9. Each day of sentence credit shall reduce by one day
21    the prisoner's period of imprisonment or recommitment
22    under Section 3-3-9.
23        (2.2) A prisoner serving a term of natural life
24    imprisonment or a prisoner who has been sentenced to death
25    shall receive no sentence credit.
26        (2.3) The rules and regulations on sentence credit

 

 

09800SB1678sam001- 22 -LRB098 09838 RLC 40921 a

1    shall provide that a prisoner who is serving a sentence for
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds, or
4    any combination thereof as defined in subparagraph (F) of
5    paragraph (1) of subsection (d) of Section 11-501 of the
6    Illinois Vehicle Code, shall receive no more than 4.5 days
7    of sentence credit for each month of his or her sentence of
8    imprisonment.
9        (2.4) The rules and regulations on sentence credit
10    shall provide with respect to the offenses of aggravated
11    battery with a machine gun or a firearm equipped with any
12    device or attachment designed or used for silencing the
13    report of a firearm or aggravated discharge of a machine
14    gun or a firearm equipped with any device or attachment
15    designed or used for silencing the report of a firearm,
16    committed on or after July 15, 1999 (the effective date of
17    Public Act 91-121), that a prisoner serving a sentence for
18    any of these offenses shall receive no more than 4.5 days
19    of sentence credit for each month of his or her sentence of
20    imprisonment.
21        (2.5) The rules and regulations on sentence credit
22    shall provide that a prisoner who is serving a sentence for
23    aggravated arson committed on or after July 27, 2001 (the
24    effective date of Public Act 92-176) shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment.

 

 

09800SB1678sam001- 23 -LRB098 09838 RLC 40921 a

1        (2.6) The rules and regulations on sentence credit
2    shall provide that a prisoner who is serving a sentence for
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds or any
5    combination thereof as defined in subparagraph (C) of
6    paragraph (1) of subsection (d) of Section 11-501 of the
7    Illinois Vehicle Code committed on or after January 1, 2011
8    (the effective date of Public Act 96-1230) shall receive no
9    more than 4.5 days of sentence credit for each month of his
10    or her sentence of imprisonment.
11        (3) The rules and regulations shall also provide that
12    the Director may award up to 180 days additional sentence
13    credit for good conduct in specific instances as the
14    Director deems proper. The good conduct may include, but is
15    not limited to, compliance with the rules and regulations
16    of the Department, service to the Department, service to a
17    community, or service to the State. However, the Director
18    shall not award more than 90 days of sentence credit for
19    good conduct to any prisoner who is serving a sentence for
20    conviction of first degree murder, reckless homicide while
21    under the influence of alcohol or any other drug, or
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof as defined in subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code, aggravated kidnapping, kidnapping,

 

 

09800SB1678sam001- 24 -LRB098 09838 RLC 40921 a

1    predatory criminal sexual assault of a child, aggravated
2    criminal sexual assault, criminal sexual assault, deviate
3    sexual assault, aggravated criminal sexual abuse,
4    aggravated indecent liberties with a child, indecent
5    liberties with a child, child pornography, heinous battery
6    as described in Section 12-4.1 or subdivision (a)(2) of
7    Section 12-3.05, aggravated battery of a spouse,
8    aggravated battery of a spouse with a firearm, stalking,
9    aggravated stalking, aggravated battery of a child as
10    described in Section 12-4.3 or subdivision (b)(1) of
11    Section 12-3.05, endangering the life or health of a child,
12    or cruelty to a child. Notwithstanding the foregoing,
13    sentence credit for good conduct shall not be awarded on a
14    sentence of imprisonment imposed for conviction of: (i) one
15    of the offenses enumerated in subdivision (a)(2)(i), (ii),
16    or (iii) when the offense is committed on or after June 19,
17    1998 or subdivision (a)(2)(iv) when the offense is
18    committed on or after June 23, 2005 (the effective date of
19    Public Act 94-71) or subdivision (a)(2)(v) when the offense
20    is committed on or after August 13, 2007 (the effective
21    date of Public Act 95-134) or subdivision (a)(2)(vi) when
22    the offense is committed on or after June 1, 2008 (the
23    effective date of Public Act 95-625) or subdivision
24    (a)(2)(vii) when the offense is committed on or after July
25    23, 2010 (the effective date of Public Act 96-1224), (ii)
26    aggravated driving under the influence of alcohol, other

 

 

09800SB1678sam001- 25 -LRB098 09838 RLC 40921 a

1    drug or drugs, or intoxicating compound or compounds, or
2    any combination thereof as defined in subparagraph (F) of
3    paragraph (1) of subsection (d) of Section 11-501 of the
4    Illinois Vehicle Code, (iii) one of the offenses enumerated
5    in subdivision (a)(2.4) when the offense is committed on or
6    after July 15, 1999 (the effective date of Public Act
7    91-121), (iv) aggravated arson when the offense is
8    committed on or after July 27, 2001 (the effective date of
9    Public Act 92-176), (v) offenses that may subject the
10    offender to commitment under the Sexually Violent Persons
11    Commitment Act, or (vi) aggravated driving under the
12    influence of alcohol, other drug or drugs, or intoxicating
13    compound or compounds or any combination thereof as defined
14    in subparagraph (C) of paragraph (1) of subsection (d) of
15    Section 11-501 of the Illinois Vehicle Code committed on or
16    after January 1, 2011 (the effective date of Public Act
17    96-1230).
18    Eligible inmates for an award of sentence credit under this
19paragraph (3) may be selected to receive the credit at the
20Director's or his or her designee's sole discretion.
21Consideration may be based on, but not limited to, any
22available risk assessment analysis on the inmate, any history
23of conviction for violent crimes as defined by the Rights of
24Crime Victims and Witnesses Act, facts and circumstances of the
25inmate's holding offense or offenses, and the potential for
26rehabilitation.

 

 

09800SB1678sam001- 26 -LRB098 09838 RLC 40921 a

1    The Director shall not award sentence credit under this
2paragraph (3) to an inmate unless the inmate has served a
3minimum of 60 days of the sentence; except nothing in this
4paragraph shall be construed to permit the Director to extend
5an inmate's sentence beyond that which was imposed by the
6court. Prior to awarding credit under this paragraph (3), the
7Director shall make a written determination that the inmate:
8            (A) is eligible for the sentence credit;
9            (B) has served a minimum of 60 days, or as close to
10        60 days as the sentence will allow; and
11            (C) has met the eligibility criteria established
12        by rule.
13        The Director shall determine the form and content of
14    the written determination required in this subsection.
15        (3.5) The Department shall provide annual written
16    reports to the Governor and the General Assembly on the
17    award of sentence credit for good conduct, with the first
18    report due January 1, 2014. The Department must publish
19    both reports on its website within 48 hours of transmitting
20    the reports to the Governor and the General Assembly. The
21    reports must include:
22            (A) the number of inmates awarded sentence credit
23        for good conduct;
24            (B) the average amount of sentence credit for good
25        conduct awarded;
26            (C) the holding offenses of inmates awarded

 

 

09800SB1678sam001- 27 -LRB098 09838 RLC 40921 a

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

 

 

09800SB1678sam001- 28 -LRB098 09838 RLC 40921 a

1    shall be done at sentencing as provided in Section
2    5-4.5-100 of this Code and shall be included in the
3    sentencing order. However, no inmate shall be eligible for
4    the additional sentence credit under this paragraph (4) or
5    (4.1) of this subsection (a) while assigned to a boot camp
6    or electronic detention, or if convicted of an offense
7    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
8    Section that is committed on or after June 19, 1998 or
9    subdivision (a)(2)(iv) of this Section that is committed on
10    or after June 23, 2005 (the effective date of Public Act
11    94-71) or subdivision (a)(2)(v) of this Section that is
12    committed on or after August 13, 2007 (the effective date
13    of Public Act 95-134) or subdivision (a)(2)(vi) when the
14    offense is committed on or after June 1, 2008 (the
15    effective date of Public Act 95-625) or subdivision
16    (a)(2)(vii) when the offense is committed on or after July
17    23, 2010 (the effective date of Public Act 96-1224), or if
18    convicted of aggravated driving under the influence of
19    alcohol, other drug or drugs, or intoxicating compound or
20    compounds or any combination thereof as defined in
21    subparagraph (F) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code, or if
23    convicted of aggravated driving under the influence of
24    alcohol, other drug or drugs, or intoxicating compound or
25    compounds or any combination thereof as defined in
26    subparagraph (C) of paragraph (1) of subsection (d) of

 

 

09800SB1678sam001- 29 -LRB098 09838 RLC 40921 a

1    Section 11-501 of the Illinois Vehicle Code committed on or
2    after January 1, 2011 (the effective date of Public Act
3    96-1230), or if convicted of an offense enumerated in
4    paragraph (a)(2.4) of this Section that is committed on or
5    after July 15, 1999 (the effective date of Public Act
6    91-121), or first degree murder, a Class X felony, criminal
7    sexual assault, felony criminal sexual abuse, aggravated
8    criminal sexual abuse, aggravated battery with a firearm as
9    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
10    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
11    successor offenses with the same or substantially the same
12    elements, or any inchoate offenses relating to the
13    foregoing offenses. No inmate shall be eligible for the
14    additional good conduct credit under this paragraph (4) who
15    (i) has previously received increased good conduct credit
16    under this paragraph (4) and has subsequently been
17    convicted of a felony, or (ii) has previously served more
18    than one prior sentence of imprisonment for a felony in an
19    adult correctional facility.
20        Educational, vocational, substance abuse, behavior
21    modification programs, life skills courses, re-entry
22    planning, and correctional industry programs under which
23    sentence credit may be increased under this paragraph (4)
24    and paragraph (4.1) of this subsection (a) shall be
25    evaluated by the Department on the basis of documented
26    standards. The Department shall report the results of these

 

 

09800SB1678sam001- 30 -LRB098 09838 RLC 40921 a

1    evaluations to the Governor and the General Assembly by
2    September 30th of each year. The reports shall include data
3    relating to the recidivism rate among program
4    participants.
5        Availability of these programs shall be subject to the
6    limits of fiscal resources appropriated by the General
7    Assembly for these purposes. Eligible inmates who are
8    denied immediate admission shall be placed on a waiting
9    list under criteria established by the Department. The
10    inability of any inmate to become engaged in any such
11    programs by reason of insufficient program resources or for
12    any other reason established under the rules and
13    regulations of the Department shall not be deemed a cause
14    of action under which the Department or any employee or
15    agent of the Department shall be liable for damages to the
16    inmate.
17        (4.1) The rules and regulations shall also provide that
18    an additional 60 days of sentence credit shall be awarded
19    to any prisoner who passes the high school level Test of
20    General Educational Development (GED) while the prisoner
21    is committed to the Department of Corrections. The sentence
22    credit awarded under this paragraph (4.1) shall be in
23    addition to, and shall not affect, the award of sentence
24    credit under any other paragraph of this Section, but shall
25    also be pursuant to the guidelines and restrictions set
26    forth in paragraph (4) of subsection (a) of this Section.

 

 

09800SB1678sam001- 31 -LRB098 09838 RLC 40921 a

1    The sentence credit provided for in this paragraph shall be
2    available only to those prisoners who have not previously
3    earned a high school diploma or a GED. If, after an award
4    of the GED sentence credit has been made and the Department
5    determines that the prisoner was not eligible, then the
6    award shall be revoked. The Department may also award 60
7    days of sentence credit to any committed person who passed
8    the high school level Test of General Educational
9    Development (GED) while he or she was held in pre-trial
10    detention prior to the current commitment to the Department
11    of Corrections.
12        (4.5) The rules and regulations on sentence credit
13    shall also provide that when the court's sentencing order
14    recommends a prisoner for substance abuse treatment and the
15    crime was committed on or after September 1, 2003 (the
16    effective date of Public Act 93-354), the prisoner shall
17    receive no sentence credit awarded under clause (3) of this
18    subsection (a) unless he or she participates in and
19    completes a substance abuse treatment program. The
20    Director may waive the requirement to participate in or
21    complete a substance abuse treatment program and award the
22    sentence credit in specific instances if the prisoner is
23    not a good candidate for a substance abuse treatment
24    program for medical, programming, or operational reasons.
25    Availability of substance abuse treatment shall be subject
26    to the limits of fiscal resources appropriated by the

 

 

09800SB1678sam001- 32 -LRB098 09838 RLC 40921 a

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

 

 

09800SB1678sam001- 33 -LRB098 09838 RLC 40921 a

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

 

 

09800SB1678sam001- 34 -LRB098 09838 RLC 40921 a

1    (c) The Department shall prescribe rules and regulations
2for revoking sentence credit, including revoking sentence
3credit awarded for good conduct under paragraph (3) of
4subsection (a) of this Section. The Department shall prescribe
5rules and regulations for suspending or reducing the rate of
6accumulation of sentence credit for specific rule violations,
7during imprisonment. These rules and regulations shall provide
8that no inmate may be penalized more than one year of sentence
9credit for any one infraction.
10    When the Department seeks to revoke, suspend or reduce the
11rate of accumulation of any sentence credits for an alleged
12infraction of its rules, it shall bring charges therefor
13against the prisoner sought to be so deprived of sentence
14credits before the Prisoner Review Board as provided in
15subparagraph (a)(4) of Section 3-3-2 of this Code, if the
16amount of credit at issue exceeds 30 days or when during any 12
17month period, the cumulative amount of credit revoked exceeds
1830 days except where the infraction is committed or discovered
19within 60 days of scheduled release. In those cases, the
20Department of Corrections may revoke up to 30 days of sentence
21credit. The Board may subsequently approve the revocation of
22additional sentence credit, if the Department seeks to revoke
23sentence credit in excess of 30 days. However, the Board shall
24not be empowered to review the Department's decision with
25respect to the loss of 30 days of sentence credit within any
26calendar year for any prisoner or to increase any penalty

 

 

09800SB1678sam001- 35 -LRB098 09838 RLC 40921 a

1beyond the length requested by the Department.
2    The Director of the Department of Corrections, in
3appropriate cases, may restore up to 30 days of sentence
4credits which have been revoked, suspended or reduced. Any
5restoration of sentence credits in excess of 30 days shall be
6subject to review by the Prisoner Review Board. However, the
7Board may not restore sentence credit in excess of the amount
8requested by the Director.
9    Nothing contained in this Section shall prohibit the
10Prisoner Review Board from ordering, pursuant to Section
113-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12sentence imposed by the court that was not served due to the
13accumulation of sentence credit.
14    (d) If a lawsuit is filed by a prisoner in an Illinois or
15federal court against the State, the Department of Corrections,
16or the Prisoner Review Board, or against any of their officers
17or employees, and the court makes a specific finding that a
18pleading, motion, or other paper filed by the prisoner is
19frivolous, the Department of Corrections shall conduct a
20hearing to revoke up to 180 days of sentence credit by bringing
21charges against the prisoner sought to be deprived of the
22sentence credits before the Prisoner Review Board as provided
23in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
24prisoner has not accumulated 180 days of sentence credit at the
25time of the finding, then the Prisoner Review Board may revoke
26all sentence credit accumulated by the prisoner.

 

 

09800SB1678sam001- 36 -LRB098 09838 RLC 40921 a

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

 

 

09800SB1678sam001- 37 -LRB098 09838 RLC 40921 a

1    action under Article X of the Code of Civil Procedure or
2    under federal law (28 U.S.C. 2254), a petition for claim
3    under the Court of Claims Act, an action under the federal
4    Civil Rights Act (42 U.S.C. 1983), or a second or
5    subsequent petition for post-conviction relief under
6    Article 122 of the Code of Criminal Procedure of 1963
7    whether filed with or without leave of court or a second or
8    subsequent petition for relief from judgment under Section
9    2-1401 of the Code of Civil Procedure.
10    (e) Nothing in Public Act 90-592 or 90-593 affects the
11validity of Public Act 89-404.
12    (f) Whenever the Department is to release any inmate who
13has been convicted of a violation of an order of protection
14under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
15the Criminal Code of 2012, earlier than it otherwise would
16because of a grant of sentence credit, the Department, as a
17condition of release, shall require that the person, upon
18release, be placed under electronic surveillance as provided in
19Section 5-8A-7 of this Code.
20(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
2196-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
227-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
23eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
2497-1150, eff. 1-25-13.)
 
25    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)

 

 

09800SB1678sam001- 38 -LRB098 09838 RLC 40921 a

1    Sec. 5-8-1. Natural life imprisonment; enhancements for
2use of a firearm; mandatory supervised release terms.
3    (a) Except as otherwise provided in the statute defining
4the offense or in Article 4.5 of Chapter V, a sentence of
5imprisonment for a felony shall be a determinate sentence set
6by the court under this Section, according to the following
7limitations:
8        (1) for first degree murder,
9            (a) (blank),
10            (b) if a trier of fact finds beyond a reasonable
11        doubt that the murder was accompanied by exceptionally
12        brutal or heinous behavior indicative of wanton
13        cruelty or, except as set forth in subsection (a)(1)(c)
14        of this Section, that any of the aggravating factors
15        listed in subsection (b) or (b-5) of Section 9-1 of the
16        Criminal Code of 1961 or the Criminal Code of 2012 are
17        present, the court may sentence the defendant to a term
18        of natural life imprisonment, or
19            (c) the court shall sentence the defendant to a
20        term of natural life imprisonment when the death
21        penalty is not imposed if the defendant,
22                (i) has previously been convicted of first
23            degree murder under any state or federal law, or
24                (ii) is a person who, at the time of the
25            commission of the murder, had attained the age of
26            17 or more and is found guilty of murdering an

 

 

09800SB1678sam001- 39 -LRB098 09838 RLC 40921 a

1            individual under 12 years of age; or, irrespective
2            of the defendant's age at the time of the
3            commission of the offense, is found guilty of
4            murdering more than one victim, or
5                (iii) is found guilty of murdering a peace
6            officer, fireman, or emergency management worker
7            when the peace officer, fireman, or emergency
8            management worker was killed in the course of
9            performing his official duties, or to prevent the
10            peace officer or fireman from performing his
11            official duties, or in retaliation for the peace
12            officer, fireman, or emergency management worker
13            from performing his official duties, and the
14            defendant knew or should have known that the
15            murdered individual was a peace officer, fireman,
16            or emergency management worker, or
17                (iv) is found guilty of murdering an employee
18            of an institution or facility of the Department of
19            Corrections, or any similar local correctional
20            agency, when the employee was killed in the course
21            of performing his official duties, or to prevent
22            the employee from performing his official duties,
23            or in retaliation for the employee performing his
24            official duties, or
25                (v) is found guilty of murdering an emergency
26            medical technician - ambulance, emergency medical

 

 

09800SB1678sam001- 40 -LRB098 09838 RLC 40921 a

1            technician - intermediate, emergency medical
2            technician - paramedic, ambulance driver or other
3            medical assistance or first aid person while
4            employed by a municipality or other governmental
5            unit when the person was killed in the course of
6            performing official duties or to prevent the
7            person from performing official duties or in
8            retaliation for performing official duties and the
9            defendant knew or should have known that the
10            murdered individual was an emergency medical
11            technician - ambulance, emergency medical
12            technician - intermediate, emergency medical
13            technician - paramedic, ambulance driver, or other
14            medical assistant or first aid personnel, or
15                (vi) is a person who, at the time of the
16            commission of the murder, had not attained the age
17            of 17, and is found guilty of murdering a person
18            under 12 years of age and the murder is committed
19            during the course of aggravated criminal sexual
20            assault, criminal sexual assault, or aggravated
21            kidnaping, or
22                (vii) is found guilty of first degree murder
23            and the murder was committed by reason of any
24            person's activity as a community policing
25            volunteer or to prevent any person from engaging in
26            activity as a community policing volunteer. For

 

 

09800SB1678sam001- 41 -LRB098 09838 RLC 40921 a

1            the purpose of this Section, "community policing
2            volunteer" has the meaning ascribed to it in
3            Section 2-3.5 of the Criminal Code of 2012.
4            For purposes of clause (v), "emergency medical
5        technician - ambulance", "emergency medical technician -
6         intermediate", "emergency medical technician -
7        paramedic", have the meanings ascribed to them in the
8        Emergency Medical Services (EMS) Systems Act.
9            (d) (i) if the person committed the offense while
10            armed with a firearm, 15 years shall be added to
11            the term of imprisonment imposed by the court;
12                (ii) if, during the commission of the offense,
13            the person personally discharged a firearm, 20
14            years shall be added to the term of imprisonment
15            imposed by the court;
16                (iii) if, during the commission of the
17            offense, the person personally discharged a
18            firearm that proximately caused great bodily harm,
19            permanent disability, permanent disfigurement, or
20            death to another person, 25 years or up to a term
21            of natural life shall be added to the term of
22            imprisonment imposed by the court.
23        (2) (blank);
24        (2.5) for a person convicted under the circumstances
25    described in subdivision (b)(1)(B) of Section 11-1.20 or
26    paragraph (3) of subsection (b) of Section 12-13,

 

 

09800SB1678sam001- 42 -LRB098 09838 RLC 40921 a

1    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
2    subsection (d) of Section 12-14, subdivision (b)(1.2) of
3    Section 11-1.40 or paragraph (1.2) of subsection (b) of
4    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
5    paragraph (2) of subsection (b) of Section 12-14.1 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, the
7    sentence shall be a term of natural life imprisonment.
8    (b) (Blank).
9    (c) (Blank).
10    (d) Subject to earlier termination under Section 3-3-8, the
11parole or mandatory supervised release term shall be written as
12part of the sentencing order and shall be as follows:
13        (1) for first degree murder or a Class X felony except
14    for the offenses of predatory criminal sexual assault of a
15    child, aggravated criminal sexual assault, and criminal
16    sexual assault if committed on or after the effective date
17    of this amendatory Act of the 94th General Assembly and
18    except for the offense of aggravated child pornography
19    under Section 11-20.1B, 11-20.3, or 11-20.1 with
20    sentencing under subsection (c-5) of Section 11-20.1 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, if
22    committed on or after January 1, 2009, 3 years;
23        (2) for a Class 1 felony or a Class 2 felony except for
24    the offense of criminal sexual assault if committed on or
25    after the effective date of this amendatory Act of the 94th
26    General Assembly and except for the offenses of manufacture

 

 

09800SB1678sam001- 43 -LRB098 09838 RLC 40921 a

1    and dissemination of child pornography under clauses
2    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, if committed on or
4    after January 1, 2009, 2 years;
5        (3) for a Class 3 felony or a Class 4 felony, 1 year;
6        (4) for defendants who commit the offense of predatory
7    criminal sexual assault of a child, aggravated criminal
8    sexual assault, or criminal sexual assault, on or after the
9    effective date of this amendatory Act of the 94th General
10    Assembly, or who commit the offense of aggravated child
11    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
12    with sentencing under subsection (c-5) of Section 11-20.1
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    manufacture of child pornography, or dissemination of
15    child pornography after January 1, 2009, the term of
16    mandatory supervised release shall range from a minimum of
17    3 years to a maximum of the natural life of the defendant;
18        (5) if the victim is under 18 years of age, for a
19    second or subsequent offense of aggravated criminal sexual
20    abuse or felony criminal sexual abuse, 4 years, at least
21    the first 2 years of which the defendant shall serve in an
22    electronic home detention program under Article 8A of
23    Chapter V of this Code;
24        (6) for a felony domestic battery, aggravated domestic
25    battery, stalking, aggravated stalking, and a felony
26    violation of an order of protection, 4 years; .

 

 

09800SB1678sam001- 44 -LRB098 09838 RLC 40921 a

1        (7) for unlawful use or possession of weapons by felons
2    or persons in the custody of the Department of Corrections,
3    being an armed habitual criminal, aggravated battery with a
4    firearm, aggravated discharge of a firearm or unlawful
5    possession of a firearm by a street gang member, 10 years.
6    (e) (Blank).
7    (f) (Blank).
8(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
996-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
107-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
11eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
12    Section 15. The Mental Health and Developmental
13Disabilities Confidentiality Act is amended by changing
14Section 12 as follows:
 
15    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
16    Sec. 12. (a) If the United States Secret Service or the
17Department of State Police requests information from a mental
18health or developmental disability facility, as defined in
19Section 1-107 and 1-114 of the Mental Health and Developmental
20Disabilities Code, relating to a specific recipient and the
21facility director determines that disclosure of such
22information may be necessary to protect the life of, or to
23prevent the infliction of great bodily harm to, a public
24official, or a person under the protection of the United States

 

 

09800SB1678sam001- 45 -LRB098 09838 RLC 40921 a

1Secret Service, only the following information may be
2disclosed: the recipient's name, address, and age and the date
3of any admission to or discharge from a facility; and any
4information which would indicate whether or not the recipient
5has a history of violence or presents a danger of violence to
6the person under protection. Any information so disclosed shall
7be used for investigative purposes only and shall not be
8publicly disseminated. Any person participating in good faith
9in the disclosure of such information in accordance with this
10provision shall have immunity from any liability, civil,
11criminal or otherwise, if such information is disclosed relying
12upon the representation of an officer of the United States
13Secret Service or the Department of State Police that a person
14is under the protection of the United States Secret Service or
15is a public official.
16    For the purpose of this subsection (a), the term "public
17official" means the Governor, Lieutenant Governor, Attorney
18General, Secretary of State, State Comptroller, State
19Treasurer, member of the General Assembly, member of the United
20States Congress, Judge of the United States as defined in 28
21U.S.C. 451, Justice of the United States as defined in 28
22U.S.C. 451, United States Magistrate Judge as defined in 28
23U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
24Supreme, Appellate, Circuit, or Associate Judge of the State of
25Illinois. The term shall also include the spouse, child or
26children of a public official.

 

 

09800SB1678sam001- 46 -LRB098 09838 RLC 40921 a

1    (b) The Department of Human Services (acting as successor
2to the Department of Mental Health and Developmental
3Disabilities) and all public or private hospitals, and mental
4health facilities, physicians, clinical psychologists, and
5qualified examiners are required, as hereafter described in
6this subsection, to furnish the Department of State Police only
7such information as may be required for the sole purpose of
8determining whether an individual who may be or may have been a
9patient is disqualified because of that status from receiving
10or retaining a Firearm Owner's Identification Card under
11subsection (e) or (f) of Section 8 of the Firearm Owners
12Identification Card Act or 18 U.S.C. 922(g) and (n). All public
13or private hospitals, and mental health facilities,
14physicians, clinical psychologists, and qualified examiners
15shall, in the form and manner required by the Department,
16provide such information as shall be necessary for the
17Department to comply with the reporting requirements to the
18Department of State Police. Such information shall be furnished
19within 48 hours 7 days after admission to a public or private
20hospital or mental health facility or the provision of services
21to a patient described in clause (2) of this subsection (b).
22Any such information disclosed under this subsection shall
23remain privileged and confidential, and shall not be
24redisclosed, except as required by clause (e)(2) of Section 3.1
25of the Firearm Owners Identification Card Act, nor utilized for
26any other purpose. The method of requiring the providing of

 

 

09800SB1678sam001- 47 -LRB098 09838 RLC 40921 a

1such information shall guarantee that no information is
2released beyond what is necessary for this purpose. In
3addition, the information disclosed shall be provided by the
4Department within the time period established by Section 24-3
5of the Criminal Code of 2012 regarding the delivery of
6firearms. The method used shall be sufficient to provide the
7necessary information within the prescribed time period, which
8may include periodically providing lists to the Department of
9Human Services or any public or private hospital or mental
10health facility of Firearm Owner's Identification Card
11applicants on which the Department or hospital shall indicate
12the identities of those individuals who are to its knowledge
13disqualified from having a Firearm Owner's Identification Card
14for reasons described herein. The Department may provide for a
15centralized source of information for the State on this subject
16under its jurisdiction.
17    Any person, institution, or agency, under this Act,
18participating in good faith in the reporting or disclosure of
19records and communications otherwise in accordance with this
20provision or with rules, regulations or guidelines issued by
21the Department shall have immunity from any liability, civil,
22criminal or otherwise, that might result by reason of the
23action. For the purpose of any proceeding, civil or criminal,
24arising out of a report or disclosure in accordance with this
25provision, the good faith of any person, institution, or agency
26so reporting or disclosing shall be presumed. The full extent

 

 

09800SB1678sam001- 48 -LRB098 09838 RLC 40921 a

1of the immunity provided in this subsection (b) shall apply to
2any person, institution or agency that fails to make a report
3or disclosure in the good faith belief that the report or
4disclosure would violate federal regulations governing the
5confidentiality of alcohol and drug abuse patient records
6implementing 42 U.S.C. 290dd-3 and 290ee-3.
7    For purposes of this subsection (b) only, the following
8terms shall have the meaning prescribed:
9        (1) "Hospital" means only that type of institution
10    which is providing full-time residential facilities and
11    treatment.
12        (2) "Patient" shall include only: (i) a person who is
13    an in-patient or resident of any public or private hospital
14    or mental health facility or (ii) a person who is an
15    out-patient or provided services by a public or private
16    hospital, or mental health facility, physician, clinical
17    psychologist, or qualified examiner whose mental condition
18    is of such a nature that it is manifested by violent,
19    suicidal, threatening, or assaultive behavior or reported
20    behavior, for which there is a reasonable belief by a
21    physician, clinical psychologist, or qualified examiner
22    that the condition poses a clear and present or imminent
23    danger to the patient, any other person or the community
24    meaning the patient's condition poses a clear and present
25    danger in accordance with subsection (f) of Section 8 of
26    the Firearm Owners Identification Card Act. The terms

 

 

09800SB1678sam001- 49 -LRB098 09838 RLC 40921 a

1    physician, clinical psychologist, and qualified examiner
2    are defined in Sections 1-120, 1-103, and 1-122 of the
3    Mental Health and Developmental Disabilities Code.
4        (3) "Mental health facility" is defined by Section
5    1-114 of the Mental Health and Developmental Disabilities
6    Code.
7    (c) Upon the request of a peace officer who takes a person
8into custody and transports such person to a mental health or
9developmental disability facility pursuant to Section 3-606 or
104-404 of the Mental Health and Developmental Disabilities Code
11or who transports a person from such facility, a facility
12director shall furnish said peace officer the name, address,
13age and name of the nearest relative of the person transported
14to or from the mental health or developmental disability
15facility. In no case shall the facility director disclose to
16the peace officer any information relating to the diagnosis,
17treatment or evaluation of the person's mental or physical
18health.
19    For the purposes of this subsection (c), the terms "mental
20health or developmental disability facility", "peace officer"
21and "facility director" shall have the meanings ascribed to
22them in the Mental Health and Developmental Disabilities Code.
23    (d) Upon the request of a peace officer or prosecuting
24authority who is conducting a bona fide investigation of a
25criminal offense, or attempting to apprehend a fugitive from
26justice, a facility director may disclose whether a person is

 

 

09800SB1678sam001- 50 -LRB098 09838 RLC 40921 a

1present at the facility. Upon request of a peace officer or
2prosecuting authority who has a valid forcible felony warrant
3issued, a facility director shall disclose: (1) whether the
4person who is the subject of the warrant is present at the
5facility and (2) the date of that person's discharge or future
6discharge from the facility. The requesting peace officer or
7prosecuting authority must furnish a case number and the
8purpose of the investigation or an outstanding arrest warrant
9at the time of the request. Any person, institution, or agency
10participating in good faith in disclosing such information in
11accordance with this subsection (d) is immune from any
12liability, civil, criminal or otherwise, that might result by
13reason of the action.
14(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".