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Full Text of HB0531  100th General Assembly

HB0531sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/25/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 531

2    AMENDMENT NO. ______. Amend House Bill 531 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25,
65-4.5-30, and 5-8-1 and by adding Section 5-4.5-110 as follows:
 
7    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
8    Sec. 3-3-1. Establishment and appointment of Prisoner
9Review Board.
10    (a) There shall be a Prisoner Review Board independent of
11the Department which shall be:
12        (1) the paroling authority for persons sentenced under
13    the law in effect prior to the effective date of this
14    amendatory Act of 1977;
15        (1.2) the paroling authority for persons eligible for
16    parole review under Section 5-4.5-110;

 

 

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1        (1.5) (blank);
2        (2) the board of review for cases involving the
3    revocation of sentence credits or a suspension or reduction
4    in the rate of accumulating the credit;
5        (3) the board of review and recommendation for the
6    exercise of executive clemency by the Governor;
7        (4) the authority for establishing release dates for
8    certain prisoners sentenced under the law in existence
9    prior to the effective date of this amendatory Act of 1977,
10    in accordance with Section 3-3-2.1 of this Code;
11        (5) the authority for setting conditions for parole and
12    mandatory supervised release under Section 5-8-1(a) of
13    this Code, and determining whether a violation of those
14    conditions warrant revocation of parole or mandatory
15    supervised release or the imposition of other sanctions;
16    and
17        (6) the authority for determining whether a violation
18    of aftercare release conditions warrant revocation of
19    aftercare release.
20    (b) The Board shall consist of 15 persons appointed by the
21Governor by and with the advice and consent of the Senate. One
22member of the Board shall be designated by the Governor to be
23Chairman and shall serve as Chairman at the pleasure of the
24Governor. The members of the Board shall have had at least 5
25years of actual experience in the fields of penology,
26corrections work, law enforcement, sociology, law, education,

 

 

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1social work, medicine, psychology, other behavioral sciences,
2or a combination thereof. At least 6 members so appointed must
3have had at least 3 years experience in the field of juvenile
4matters. No more than 8 Board members may be members of the
5same political party.
6    Each member of the Board shall serve on a full-time basis
7and shall not hold any other salaried public office, whether
8elective or appointive, nor any other office or position of
9profit, nor engage in any other business, employment, or
10vocation. The Chairman of the Board shall receive $35,000 a
11year, or an amount set by the Compensation Review Board,
12whichever is greater, and each other member $30,000, or an
13amount set by the Compensation Review Board, whichever is
14greater.
15    (c) Notwithstanding any other provision of this Section,
16the term of each member of the Board who was appointed by the
17Governor and is in office on June 30, 2003 shall terminate at
18the close of business on that date or when all of the successor
19members to be appointed pursuant to this amendatory Act of the
2093rd General Assembly have been appointed by the Governor,
21whichever occurs later. As soon as possible, the Governor shall
22appoint persons to fill the vacancies created by this
23amendatory Act.
24    Of the initial members appointed under this amendatory Act
25of the 93rd General Assembly, the Governor shall appoint 5
26members whose terms shall expire on the third Monday in January

 

 

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12005, 5 members whose terms shall expire on the third Monday in
2January 2007, and 5 members whose terms shall expire on the
3third Monday in January 2009. Their respective successors shall
4be appointed for terms of 6 years from the third Monday in
5January of the year of appointment. Each member shall serve
6until his or her successor is appointed and qualified.
7    Any member may be removed by the Governor for incompetence,
8neglect of duty, malfeasance or inability to serve.
9    (d) The Chairman of the Board shall be its chief executive
10and administrative officer. The Board may have an Executive
11Director; if so, the Executive Director shall be appointed by
12the Governor with the advice and consent of the Senate. The
13salary and duties of the Executive Director shall be fixed by
14the Board.
15(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
16    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
17    Sec. 3-3-2. Powers and duties.
18    (a) The Parole and Pardon Board is abolished and the term
19"Parole and Pardon Board" as used in any law of Illinois, shall
20read "Prisoner Review Board." After the effective date of this
21amendatory Act of 1977, the Prisoner Review Board shall provide
22by rule for the orderly transition of all files, records, and
23documents of the Parole and Pardon Board and for such other
24steps as may be necessary to effect an orderly transition and
25shall:

 

 

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1        (1) hear by at least one member and through a panel of
2    at least 3 members decide, cases of prisoners who were
3    sentenced under the law in effect prior to the effective
4    date of this amendatory Act of 1977, and who are eligible
5    for parole;
6        (2) hear by at least one member and through a panel of
7    at least 3 members decide, the conditions of parole and the
8    time of discharge from parole, impose sanctions for
9    violations of parole, and revoke parole for those sentenced
10    under the law in effect prior to this amendatory Act of
11    1977; provided that the decision to parole and the
12    conditions of parole for all prisoners who were sentenced
13    for first degree murder or who received a minimum sentence
14    of 20 years or more under the law in effect prior to
15    February 1, 1978 shall be determined by a majority vote of
16    the Prisoner Review Board. One representative supporting
17    parole and one representative opposing parole will be
18    allowed to speak. Their comments shall be limited to making
19    corrections and filling in omissions to the Board's
20    presentation and discussion;
21        (3) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of mandatory
23    supervised release and the time of discharge from mandatory
24    supervised release, impose sanctions for violations of
25    mandatory supervised release, and revoke mandatory
26    supervised release for those sentenced under the law in

 

 

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1    effect after the effective date of this amendatory Act of
2    1977;
3        (3.5) hear by at least one member and through a panel
4    of at least 3 members decide, the conditions of mandatory
5    supervised release and the time of discharge from mandatory
6    supervised release, to impose sanctions for violations of
7    mandatory supervised release and revoke mandatory
8    supervised release for those serving extended supervised
9    release terms pursuant to paragraph (4) of subsection (d)
10    of Section 5-8-1;
11        (3.6) hear by at least one member and through a panel
12    of at least 3 members decide whether to revoke aftercare
13    release for those committed to the Department of Juvenile
14    Justice under the Juvenile Court Act of 1987;
15        (4) hear by at least one member and through a panel of
16    at least 3 members, decide cases brought by the Department
17    of Corrections against a prisoner in the custody of the
18    Department for alleged violation of Department rules with
19    respect to sentence credits under Section 3-6-3 of this
20    Code in which the Department seeks to revoke sentence
21    credits, if the amount of time at issue exceeds 30 days or
22    when, during any 12 month period, the cumulative amount of
23    credit revoked exceeds 30 days except where the infraction
24    is committed or discovered within 60 days of scheduled
25    release. In such cases, the Department of Corrections may
26    revoke up to 30 days of sentence credit. The Board may

 

 

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1    subsequently approve the revocation of additional sentence
2    credit, if the Department seeks to revoke sentence credit
3    in excess of thirty days. However, the Board shall not be
4    empowered to review the Department's decision with respect
5    to the loss of 30 days of sentence credit for any prisoner
6    or to increase any penalty beyond the length requested by
7    the Department;
8        (5) hear by at least one member and through a panel of
9    at least 3 members decide, the release dates for certain
10    prisoners sentenced under the law in existence prior to the
11    effective date of this amendatory Act of 1977, in
12    accordance with Section 3-3-2.1 of this Code;
13        (6) hear by at least one member and through a panel of
14    at least 3 members decide, all requests for pardon,
15    reprieve or commutation, and make confidential
16    recommendations to the Governor;
17        (6.5) hear, by at least one member who is qualified in
18    the field of juvenile matters and through a panel of at
19    least 3 members, 2 of whom are qualified in the field of
20    juvenile matters, decide parole review cases in accordance
21    with Section 5-4.5-110 of this Code and make release
22    determinations of persons under the age of 21 at the time
23    of the commission of an offense or offenses, other than
24    those persons serving sentences for first degree murder or
25    aggravated criminal sexual assault;
26        (6.6) hear by at least a quorum of the Prisoner Review

 

 

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1    Board and decide by a majority of members present at the
2    hearing, in accordance with Section 5-4.5-110 of this Code,
3    release determinations of persons under the age of 21 at
4    the time of the commission of an offense or offenses of
5    those persons serving sentences for first degree murder or
6    aggravated criminal sexual assault;
7        (7) comply with the requirements of the Open Parole
8    Hearings Act;
9        (8) hear by at least one member and, through a panel of
10    at least 3 members, decide cases brought by the Department
11    of Corrections against a prisoner in the custody of the
12    Department for court dismissal of a frivolous lawsuit
13    pursuant to Section 3-6-3(d) of this Code in which the
14    Department seeks to revoke up to 180 days of sentence
15    credit, and if the prisoner has not accumulated 180 days of
16    sentence credit at the time of the dismissal, then all
17    sentence credit accumulated by the prisoner shall be
18    revoked;
19        (9) hear by at least 3 members, and, through a panel of
20    at least 3 members, decide whether to grant certificates of
21    relief from disabilities or certificates of good conduct as
22    provided in Article 5.5 of Chapter V;
23        (10) upon a petition by a person who has been convicted
24    of a Class 3 or Class 4 felony and who meets the
25    requirements of this paragraph, hear by at least 3 members
26    and, with the unanimous vote of a panel of 3 members, issue

 

 

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1    a certificate of eligibility for sealing recommending that
2    the court order the sealing of all official records of the
3    arresting authority, the circuit court clerk, and the
4    Department of State Police concerning the arrest and
5    conviction for the Class 3 or 4 felony. A person may not
6    apply to the Board for a certificate of eligibility for
7    sealing:
8            (A) until 5 years have elapsed since the expiration
9        of his or her sentence;
10            (B) until 5 years have elapsed since any arrests or
11        detentions by a law enforcement officer for an alleged
12        violation of law, other than a petty offense, traffic
13        offense, conservation offense, or local ordinance
14        offense;
15            (C) if convicted of a violation of the Cannabis
16        Control Act, Illinois Controlled Substances Act, the
17        Methamphetamine Control and Community Protection Act,
18        the Methamphetamine Precursor Control Act, or the
19        Methamphetamine Precursor Tracking Act unless the
20        petitioner has completed a drug abuse program for the
21        offense on which sealing is sought and provides proof
22        that he or she has completed the program successfully;
23            (D) if convicted of:
24                (i) a sex offense described in Article 11 or
25            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
26            the Criminal Code of 1961 or the Criminal Code of

 

 

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1            2012;
2                (ii) aggravated assault;
3                (iii) aggravated battery;
4                (iv) domestic battery;
5                (v) aggravated domestic battery;
6                (vi) violation of an order of protection;
7                (vii) an offense under the Criminal Code of
8            1961 or the Criminal Code of 2012 involving a
9            firearm;
10                (viii) driving while under the influence of
11            alcohol, other drug or drugs, intoxicating
12            compound or compounds or any combination thereof;
13                (ix) aggravated driving while under the
14            influence of alcohol, other drug or drugs,
15            intoxicating compound or compounds or any
16            combination thereof; or
17                (x) any crime defined as a crime of violence
18            under Section 2 of the Crime Victims Compensation
19            Act.
20        If a person has applied to the Board for a certificate
21    of eligibility for sealing and the Board denies the
22    certificate, the person must wait at least 4 years before
23    filing again or filing for pardon from the Governor unless
24    the Chairman of the Prisoner Review Board grants a waiver.
25        The decision to issue or refrain from issuing a
26    certificate of eligibility for sealing shall be at the

 

 

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1    Board's sole discretion, and shall not give rise to any
2    cause of action against either the Board or its members.
3        The Board may only authorize the sealing of Class 3 and
4    4 felony convictions of the petitioner from one information
5    or indictment under this paragraph (10). A petitioner may
6    only receive one certificate of eligibility for sealing
7    under this provision for life; and
8        (11) upon a petition by a person who after having been
9    convicted of a Class 3 or Class 4 felony thereafter served
10    in the United States Armed Forces or National Guard of this
11    or any other state and had received an honorable discharge
12    from the United States Armed Forces or National Guard or
13    who at the time of filing the petition is enlisted in the
14    United States Armed Forces or National Guard of this or any
15    other state and served one tour of duty and who meets the
16    requirements of this paragraph, hear by at least 3 members
17    and, with the unanimous vote of a panel of 3 members, issue
18    a certificate of eligibility for expungement recommending
19    that the court order the expungement of all official
20    records of the arresting authority, the circuit court
21    clerk, and the Department of State Police concerning the
22    arrest and conviction for the Class 3 or 4 felony. A person
23    may not apply to the Board for a certificate of eligibility
24    for expungement:
25            (A) if convicted of:
26                (i) a sex offense described in Article 11 or

 

 

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1            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
2            the Criminal Code of 1961 or Criminal Code of 2012;
3                (ii) an offense under the Criminal Code of 1961
4            or Criminal Code of 2012 involving a firearm; or
5                (iii) a crime of violence as defined in Section
6            2 of the Crime Victims Compensation Act; or
7            (B) if the person has not served in the United
8        States Armed Forces or National Guard of this or any
9        other state or has not received an honorable discharge
10        from the United States Armed Forces or National Guard
11        of this or any other state or who at the time of the
12        filing of the petition is serving in the United States
13        Armed Forces or National Guard of this or any other
14        state and has not completed one tour of duty.
15        If a person has applied to the Board for a certificate
16    of eligibility for expungement and the Board denies the
17    certificate, the person must wait at least 4 years before
18    filing again or filing for a pardon with authorization for
19    expungement from the Governor unless the Governor or
20    Chairman of the Prisoner Review Board grants a waiver.
21    (a-5) The Prisoner Review Board, with the cooperation of
22and in coordination with the Department of Corrections and the
23Department of Central Management Services, shall implement a
24pilot project in 3 correctional institutions providing for the
25conduct of hearings under paragraphs (1) and (4) of subsection
26(a) of this Section through interactive video conferences. The

 

 

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1project shall be implemented within 6 months after the
2effective date of this amendatory Act of 1996. Within 6 months
3after the implementation of the pilot project, the Prisoner
4Review Board, with the cooperation of and in coordination with
5the Department of Corrections and the Department of Central
6Management Services, shall report to the Governor and the
7General Assembly regarding the use, costs, effectiveness, and
8future viability of interactive video conferences for Prisoner
9Review Board hearings.
10    (b) Upon recommendation of the Department the Board may
11restore sentence credit previously revoked.
12    (c) The Board shall cooperate with the Department in
13promoting an effective system of parole and mandatory
14supervised release.
15    (d) The Board shall promulgate rules for the conduct of its
16work, and the Chairman shall file a copy of such rules and any
17amendments thereto with the Director and with the Secretary of
18State.
19    (e) The Board shall keep records of all of its official
20actions and shall make them accessible in accordance with law
21and the rules of the Board.
22    (f) The Board or one who has allegedly violated the
23conditions of his or her parole, aftercare release, or
24mandatory supervised release may require by subpoena the
25attendance and testimony of witnesses and the production of
26documentary evidence relating to any matter under

 

 

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1investigation or hearing. The Chairman of the Board may sign
2subpoenas which shall be served by any agent or public official
3authorized by the Chairman of the Board, or by any person
4lawfully authorized to serve a subpoena under the laws of the
5State of Illinois. The attendance of witnesses, and the
6production of documentary evidence, may be required from any
7place in the State to a hearing location in the State before
8the Chairman of the Board or his or her designated agent or
9agents or any duly constituted Committee or Subcommittee of the
10Board. Witnesses so summoned shall be paid the same fees and
11mileage that are paid witnesses in the circuit courts of the
12State, and witnesses whose depositions are taken and the
13persons taking those depositions are each entitled to the same
14fees as are paid for like services in actions in the circuit
15courts of the State. Fees and mileage shall be vouchered for
16payment when the witness is discharged from further attendance.
17    In case of disobedience to a subpoena, the Board may
18petition any circuit court of the State for an order requiring
19the attendance and testimony of witnesses or the production of
20documentary evidence or both. A copy of such petition shall be
21served by personal service or by registered or certified mail
22upon the person who has failed to obey the subpoena, and such
23person shall be advised in writing that a hearing upon the
24petition will be requested in a court room to be designated in
25such notice before the judge hearing motions or extraordinary
26remedies at a specified time, on a specified date, not less

 

 

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1than 10 nor more than 15 days after the deposit of the copy of
2the written notice and petition in the U.S. mails addressed to
3the person at his last known address or after the personal
4service of the copy of the notice and petition upon such
5person. The court upon the filing of such a petition, may order
6the person refusing to obey the subpoena to appear at an
7investigation or hearing, or to there produce documentary
8evidence, if so ordered, or to give evidence relative to the
9subject matter of that investigation or hearing. Any failure to
10obey such order of the circuit court may be punished by that
11court as a contempt of court.
12    Each member of the Board and any hearing officer designated
13by the Board shall have the power to administer oaths and to
14take the testimony of persons under oath.
15    (g) Except under subsection (a) of this Section, a majority
16of the members then appointed to the Prisoner Review Board
17shall constitute a quorum for the transaction of all business
18of the Board.
19    (h) The Prisoner Review Board shall annually transmit to
20the Director a detailed report of its work for the preceding
21calendar year. The annual report shall also be transmitted to
22the Governor for submission to the Legislature.
23(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
2498-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
25    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)

 

 

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1    Sec. 3-3-9. Violations; changes of conditions; preliminary
2hearing; revocation of parole or mandatory supervised release;
3revocation hearing.
4    (a) If prior to expiration or termination of the term of
5parole or mandatory supervised release, a person violates a
6condition set by the Prisoner Review Board or a condition of
7parole or mandatory supervised release under Section 3-3-7 of
8this Code to govern that term, the Board may:
9        (1) continue the existing term, with or without
10    modifying or enlarging the conditions; or
11        (1.5) for those released as a result of youthful
12    offender parole as set forth in Section 5-4.5-110 of this
13    Code, order that the inmate be subsequently rereleased to
14    serve a specified mandatory supervised release term not to
15    exceed the full term permitted under the provisions of
16    5-4.5-110 and subsection (d) of Section 5-8-1 of this Code
17    and may modify or enlarge the conditions of the release as
18    the Board deems proper; or
19        (2) parole or release the person to a half-way house;
20    or
21        (3) revoke the parole or mandatory supervised release
22    and reconfine the person for a term computed in the
23    following manner:
24            (i) (A) For those sentenced under the law in effect
25        prior to this amendatory Act of 1977, the recommitment
26        shall be for any portion of the imposed maximum term of

 

 

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1        imprisonment or confinement which had not been served
2        at the time of parole and the parole term, less the
3        time elapsed between the parole of the person and the
4        commission of the violation for which parole was
5        revoked;
6            (B) Except as set forth in paragraphs paragraph (C)
7        and (D), for those subject to mandatory supervised
8        release under paragraph (d) of Section 5-8-1 of this
9        Code, the recommitment shall be for the total mandatory
10        supervised release term, less the time elapsed between
11        the release of the person and the commission of the
12        violation for which mandatory supervised release is
13        revoked. The Board may also order that a prisoner serve
14        up to one year of the sentence imposed by the court
15        which was not served due to the accumulation of
16        sentence credit;
17            (C) For those subject to sex offender supervision
18        under clause (d)(4) of Section 5-8-1 of this Code, the
19        reconfinement period for violations of clauses (a)(3)
20        through (b-1)(15) of Section 3-3-7 shall not exceed 2
21        years from the date of reconfinement;
22            (D) For those released as a result of youthful
23        offender parole as set forth in Section 5-4.5-110 of
24        this Code, the reconfinement period shall be for the
25        total mandatory supervised release term, less the time
26        elapsed between the release of the person and the

 

 

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1        commission of the violation for which mandatory
2        supervised release is revoked. The Board may also order
3        that a prisoner serve up to one year of the mandatory
4        supervised release term previously earned. The Board
5        may also order that the inmate be subsequently
6        rereleased to serve a specified mandatory supervised
7        release term not to exceed the full term permitted
8        under the provisions of 5-4.5-110 and subsection (d) of
9        Section 5-8-1 of this Code and may modify or enlarge
10        the conditions of the release as the Board deems
11        proper;
12             (ii) the person shall be given credit against the
13        term of reimprisonment or reconfinement for time spent
14        in custody since he or she was paroled or released
15        which has not been credited against another sentence or
16        period of confinement;
17             (iii) (blank);
18             (iv) this Section is subject to the release under
19        supervision and the reparole and rerelease provisions
20        of Section 3-3-10.
21    (b) The Board may revoke parole or mandatory supervised
22release for violation of a condition for the duration of the
23term and for any further period which is reasonably necessary
24for the adjudication of matters arising before its expiration.
25The issuance of a warrant of arrest for an alleged violation of
26the conditions of parole or mandatory supervised release shall

 

 

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1toll the running of the term until the final determination of
2the charge. When parole or mandatory supervised release is not
3revoked that period shall be credited to the term, unless a
4community-based sanction is imposed as an alternative to
5revocation and reincarceration, including a diversion
6established by the Illinois Department of Corrections Parole
7Services Unit prior to the holding of a preliminary parole
8revocation hearing. Parolees who are diverted to a
9community-based sanction shall serve the entire term of parole
10or mandatory supervised release, if otherwise appropriate.
11    (b-5) The Board shall revoke parole or mandatory supervised
12release for violation of the conditions prescribed in paragraph
13(7.6) of subsection (a) of Section 3-3-7.
14    (c) A person charged with violating a condition of parole
15or mandatory supervised release shall have a preliminary
16hearing before a hearing officer designated by the Board to
17determine if there is cause to hold the person for a revocation
18hearing. However, no preliminary hearing need be held when
19revocation is based upon new criminal charges and a court finds
20probable cause on the new criminal charges or when the
21revocation is based upon a new criminal conviction and a
22certified copy of that conviction is available.
23    (d) Parole or mandatory supervised release shall not be
24revoked without written notice to the offender setting forth
25the violation of parole or mandatory supervised release charged
26against him or her.

 

 

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1    (e) A hearing on revocation shall be conducted before at
2least one member of the Prisoner Review Board. The Board may
3meet and order its actions in panels of 3 or more members. The
4action of a majority of the panel shall be the action of the
5Board. A record of the hearing shall be made. At the hearing
6the offender shall be permitted to:
7        (1) appear and answer the charge; and
8        (2) bring witnesses on his or her behalf.
9    (f) The Board shall either revoke parole or mandatory
10supervised release or order the person's term continued with or
11without modification or enlargement of the conditions.
12    (g) Parole or mandatory supervised release shall not be
13revoked for failure to make payments under the conditions of
14parole or release unless the Board determines that such failure
15is due to the offender's willful refusal to pay.
16(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
1799-628, eff. 1-1-17.)
 
18    (730 ILCS 5/5-4.5-20)
19    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
20degree murder:
21    (a) TERM. The defendant shall be sentenced to imprisonment
22or, if appropriate, death under Section 9-1 of the Criminal
23Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
24Imprisonment shall be for a determinate term, subject to
25Section 5-4.5-110 of this Code, of (1) not less than 20 years

 

 

10000HB0531sam001- 21 -LRB100 05907 RLC 27064 a

1and not more than 60 years; (2) not less than 60 years and not
2more than 100 years when an extended term is imposed under
3Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
4provided in Section 5-8-1 (730 ILCS 5/5-8-1).
5    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
6shall not be imposed.
7    (c) IMPACT INCARCERATION. The impact incarceration program
8or the county impact incarceration program is not an authorized
9disposition.
10    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
11probation or conditional discharge shall not be imposed.
12    (e) FINE. Fines may be imposed as provided in Section
135-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
14    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
15concerning restitution.
16    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
17be concurrent or consecutive as provided in Section 5-8-4 (730
18ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
19    (h) DRUG COURT. Drug court is not an authorized
20disposition.
21    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
22ILCS 5/5-4.5-100) concerning no credit for time spent in home
23detention prior to judgment.
24    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
25for rules and regulations for sentence credit.
26    (k) ELECTRONIC HOME DETENTION. Electronic home detention

 

 

10000HB0531sam001- 22 -LRB100 05907 RLC 27064 a

1is not an authorized disposition, except in limited
2circumstances as provided in Section 5-8A-3 (730 ILCS
35/5-8A-3).
4    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
5provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
6mandatory supervised release term shall be 3 years upon release
7from imprisonment.
8(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
9    (730 ILCS 5/5-4.5-25)
10    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
11felony:
12    (a) TERM. The sentence of imprisonment shall be a
13determinate sentence, subject to Section 5-4.5-110 of this
14Code, of not less than 6 years and not more than 30 years. The
15sentence of imprisonment for an extended term Class X felony,
16as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
17Section 5-4.5-110 of this Code, shall be not less than 30 years
18and not more than 60 years.
19    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
20shall not be imposed.
21    (c) IMPACT INCARCERATION. The impact incarceration program
22or the county impact incarceration program is not an authorized
23disposition.
24    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
25probation or conditional discharge shall not be imposed.

 

 

10000HB0531sam001- 23 -LRB100 05907 RLC 27064 a

1    (e) FINE. Fines may be imposed as provided in Section
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4concerning restitution.
5    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
6be concurrent or consecutive as provided in Section 5-8-4 (730
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
8    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
9Act (730 ILCS 166/20) concerning eligibility for a drug court
10program.
11    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12ILCS 5/5-4.5-100) concerning no credit for time spent in home
13detention prior to judgment.
14    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
15for rules and regulations for sentence credit.
16    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
175/5-8A-3) concerning eligibility for electronic home
18detention.
19    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
20provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
215/5-8-1), the parole or mandatory supervised release term shall
22be 3 years upon release from imprisonment.
23(Source: P.A. 97-697, eff. 6-22-12.)
 
24    (730 ILCS 5/5-4.5-30)
25    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1

 

 

10000HB0531sam001- 24 -LRB100 05907 RLC 27064 a

1felony:
2    (a) TERM. The sentence of imprisonment, other than for
3second degree murder, shall be a determinate sentence of not
4less than 4 years and not more than 15 years, subject to
5Section 5-4.5-110 of this Code. The sentence of imprisonment
6for second degree murder shall be a determinate sentence of not
7less than 4 years and not more than 20 years, subject to
8Section 5-4.5-110 of this Code. The sentence of imprisonment
9for an extended term Class 1 felony, as provided in Section
105-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this
11Code, shall be a term not less than 15 years and not more than
1230 years.
13    (b) PERIODIC IMPRISONMENT. A sentence of periodic
14imprisonment shall be for a definite term of from 3 to 4 years,
15except as otherwise provided in Section 5-5-3 or 5-7-1 (730
16ILCS 5/5-5-3 or 5/5-7-1).
17    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
18(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
19the impact incarceration program or the county impact
20incarceration program.
21    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
23period of probation or conditional discharge shall not exceed 4
24years. The court shall specify the conditions of probation or
25conditional discharge as set forth in Section 5-6-3 (730 ILCS
265/5-6-3). In no case shall an offender be eligible for a

 

 

10000HB0531sam001- 25 -LRB100 05907 RLC 27064 a

1disposition of probation or conditional discharge for a Class 1
2felony committed while he or she was serving a term of
3probation or conditional discharge for a felony.
4    (e) FINE. Fines may be imposed as provided in Section
55-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
6    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
7concerning restitution.
8    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
9be concurrent or consecutive as provided in Section 5-8-4 (730
10ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
11    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
12Act (730 ILCS 166/20) concerning eligibility for a drug court
13program.
14    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning credit for time spent in home
16detention prior to judgment.
17    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
18ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
19(730 ILCS 130/) for rules and regulations for sentence credit.
20    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
215/5-8A-3) concerning eligibility for electronic home
22detention.
23    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
255/5-8-1), the parole or mandatory supervised release term shall
26be 2 years upon release from imprisonment.

 

 

10000HB0531sam001- 26 -LRB100 05907 RLC 27064 a

1(Source: P.A. 97-697, eff. 6-22-12.)
 
2    (730 ILCS 5/5-4.5-110 new)
3    Sec. 5-4.5-110. Parole review of persons under the age of
421 at the time of the commission of an offense.
5    (a) For purposes of this Section, "victim" means a victim
6of a violent crime as defined in subsection (a) of Section 3 of
7the Rights of Crime Victims and Witnesses Act including a
8witness as defined in subsection (b) of Section 3 of the Rights
9of Crime Victims and Witnesses Act; any person legally related
10to the victim by blood, marriage, adoption, or guardianship;
11any friend of the victim; or any concerned citizen.
12    (b) A person under 21 years of age at the time of the
13commission of an offense or offenses, other than first degree
14murder, and who is not serving a sentence for first degree
15murder and who is sentenced on or after the effective date of
16this amendatory Act of the 100th General Assembly shall be
17eligible for parole review by the Prisoner Review Board after
18serving 10 years or more of his or her sentence or sentences,
19except for those serving a sentence or sentences for: (1)
20aggravated criminal sexual assault who shall be eligible for
21parole review by the Prisoner Review Board after serving 20
22years or more of his or her sentence or sentences or (2)
23predatory criminal sexual assault of a child who shall not be
24eligible for parole review by the Prisoner Review Board under
25this Section. A person under 21 years of age at the time of the

 

 

10000HB0531sam001- 27 -LRB100 05907 RLC 27064 a

1commission of first degree murder who is sentenced on or after
2the effective date of this amendatory Act of the 100th General
3Assembly shall be eligible for parole review by the Prisoner
4Review Board after serving 20 years or more of his or her
5sentence or sentences, except for those subject to a term of
6natural life imprisonment under Section 5-8-1 of this Code or
7any person subject to sentencing under subsection (c) of
8Section 5-4.5-105 of this Code.
9    (c) Three years prior to becoming eligible for parole
10review, the eligible person may file his or her petition for
11parole review with the Prisoner Review Board. The petition
12shall include a copy of the order of commitment and sentence to
13the Department of Corrections for the offense or offenses for
14which review is sought. Within 30 days of receipt of this
15petition, the Prisoner Review Board shall determine whether the
16petition is appropriately filed, and if so, shall set a date
17for parole review 3 years from receipt of the petition and
18notify the Department of Corrections within 10 business days.
19If the Prisoner Review Board determines that the petition is
20not appropriately filed, it shall notify the petitioner in
21writing, including a basis for its determination.
22    (d) Within 6 months of the Prisoner Review Board's
23determination that the petition was appropriately filed, a
24representative from the Department of Corrections shall meet
25with the eligible person and provide the inmate information
26about the parole hearing process and personalized

 

 

10000HB0531sam001- 28 -LRB100 05907 RLC 27064 a

1recommendations for the inmate regarding his or her work
2assignments, rehabilitative programs, and institutional
3behavior. Following this meeting, the eligible person has 7
4calendar days to file a written request to the representative
5from the Department of Corrections who met with the eligible
6person of any additional programs and services which the
7eligible person believes should be made available to prepare
8the eligible person for return to the community.
9    (e) One year prior to the person being eligible for parole,
10counsel shall be appointed by the Prisoner Review Board upon a
11finding of indigency. The eligible person may waive appointed
12counsel or retain his or her own counsel at his or her own
13expense.
14    (f) Nine months prior to the hearing, the Prisoner Review
15Board shall provide the eligible person, and his or her
16counsel, any written documents or materials it will be
17considering in making its decision unless the written documents
18or materials are specifically found to: (1) include information
19which, if disclosed, would damage the therapeutic relationship
20between the inmate and a mental health professional; (2)
21subject any person to the actual risk of physical harm; (3)
22threaten the safety or security of the Department or an
23institution. In accordance with Section 35 of the Open Parole
24Hearings Act, victim impact statements either oral, written,
25video-taped, tape recorded or made by other electronic means
26shall not be considered public documents under the provisions

 

 

10000HB0531sam001- 29 -LRB100 05907 RLC 27064 a

1of the Freedom of Information Act. The inmate or his or her
2attorney shall not be given a copy of the statement, but shall
3be informed of the existence of a victim impact statement and
4the position taken by the victim on the inmate's request for
5parole. This shall not be construed to permit disclosure to an
6inmate of any information which might result in the risk of
7threats or physical harm to a victim. The Prisoner Review Board
8shall have an ongoing duty to provide the eligible person, and
9his or her counsel, with any further documents or materials
10that come into its possession prior to the hearing subject to
11the limitations contained in this subsection.
12    (g) Not less than 12 months prior to the hearing, the
13Prisoner Review Board shall provide notification to the State's
14Attorney of the county from which the person was committed and
15written notification to the victim or family of the victim of
16the scheduled hearing place, date, and approximate time. The
17written notification shall contain: (1) information about
18their right to be present, appear in person at the parole
19hearing, and their right to make an oral statement and submit
20information in writing, by videotape, tape recording, or other
21electronic means; (2) a toll-free number to call for further
22information about the parole review process; and (3)
23information regarding available resources, including
24trauma-informed therapy, they may access. If the Board does not
25have knowledge of the current address of the victim or family
26of the victim, it shall notify the State's Attorney of the

 

 

10000HB0531sam001- 30 -LRB100 05907 RLC 27064 a

1county of commitment and request assistance in locating the
2victim or family of the victim. Those victims or family of the
3victims who advise the Board in writing that they no longer
4wish to be notified shall not receive future notices. A victim
5shall have the right to submit information by videotape, tape
6recording, or other electronic means. The victim may submit
7this material prior to or at the parole hearing. The victim
8also has the right to be heard at the parole hearing.
9    (h) The hearing conducted by the Prisoner Review Board
10shall be governed by Sections 15 and 20, subsection (f) of
11Section 5, subsection (a) of Section 10, subsection (d) of
12Section 25, and subsections (a), (b), and (e) of Section 35 of
13the Open Parole Hearings Act and Part 1610 of Title 20 of the
14Illinois Administrative Code. The eligible person has a right
15to be present at the Prisoner Review Board hearing, unless the
16Prisoner Review Board determines the eligible person's
17presence is unduly burdensome when conducting a hearing under
18paragraph (6.6) of subsection (a) of Section 3-3-2 of this
19Code. If a psychological evaluation is submitted for the
20Prisoner Review Board's consideration, it shall be prepared by
21a person who has expertise in adolescent brain development and
22behavior, and shall take into consideration the diminished
23culpability of youthful offenders, the hallmark features of
24youth, and any subsequent growth and increased maturity of the
25person. At the hearing, the eligible person shall have the
26right to make a statement on his or her own behalf.

 

 

10000HB0531sam001- 31 -LRB100 05907 RLC 27064 a

1    (i) Only upon motion for good cause shall the date for the
2Prisoner Review Board hearing, as set by subsection (b) of this
3Section, be changed. No less than 15 days prior to the hearing,
4the Prisoner Review Board shall notify the victim or victim
5representative, the attorney, and the eligible person of the
6exact date and time of the hearing. All hearings shall be open
7to the public.
8    (j) The Prisoner Review Board shall not parole the eligible
9person if it determines that:
10        (1) there is a substantial risk that the eligible
11    person will not conform to reasonable conditions of parole
12    or aftercare release; or
13        (2) the eligible person's release at that time would
14    deprecate the seriousness of his or her offense or promote
15    disrespect for the law; or
16        (3) the eligible person's release would have a
17    substantially adverse effect on institutional discipline.
18    In considering the factors affecting the release
19determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
20Review Board panel shall consider the diminished culpability of
21youthful offenders, the hallmark features of youth, and any
22subsequent growth and maturity of the youthful offender during
23incarceration.
24    (k) Unless denied parole under subsection (j) of this
25Section and subject to the provisions of Section 3-3-9 of this
26Code: (1) the eligible person serving a sentence for any

 

 

10000HB0531sam001- 32 -LRB100 05907 RLC 27064 a

1non-first degree murder offense or offenses, shall be released
2on parole which shall operate to discharge any remaining term
3of years sentence imposed upon him or her, notwithstanding any
4required mandatory supervised release period the eligible
5person is required to serve; and (2) the eligible person
6serving a sentence for any first degree murder offense, shall
7be released on mandatory supervised release for a period of 10
8years subject to Section 3-3-8, which shall operate to
9discharge any remaining term of years sentence imposed upon him
10or her, however in no event shall the eligible person serve a
11period of mandatory supervised release greater than the
12aggregate of the discharged underlying sentence and the
13mandatory supervised release period as sent forth in Section
145-4.5-20.
15    (l) If the Prisoner Review Board denies parole after
16conducting the hearing under subsection (j) of this Section, it
17shall issue a written decision which states the rationale for
18denial, including the primary factors considered. This
19decision shall be provided to the eligible person and his or
20her counsel within 30 days.
21    (m) A person denied parole under subsection (j) of this
22Section, who is not serving a sentence for either first degree
23murder or aggravated criminal sexual assault, shall be eligible
24for a second parole review by the Prisoner Review Board 5 years
25after the written decision under subsection (l) of this
26Section; a person denied parole under subsection (j) of this

 

 

10000HB0531sam001- 33 -LRB100 05907 RLC 27064 a

1Section, who is serving a sentence or sentences for first
2degree murder or aggravated criminal sexual assault shall be
3eligible for a second and final parole review by the Prisoner
4Review Board 10 years after the written decision under
5subsection (k) of this Section. The procedures for a second
6parole review shall be governed by subsections (c) through (k)
7of this Section.
8    (n) A person denied parole under subsection (m) of this
9Section, who is not serving a sentence for either first degree
10murder or aggravated criminal sexual assault, shall be eligible
11for a third and final parole review by the Prisoner Review
12Board 5 years after the written decision under subsection (l)
13of this Section. The procedures for the third and final parole
14review shall be governed by subsections (c) through (k) of this
15Section.
16    (o) Notwithstanding anything else to the contrary in this
17Section, nothing in this Section shall be construed to delay
18parole or mandatory supervised release consideration for
19petitioners who are or will be eligible for release earlier
20than this Section provides. Nothing in this Section shall be
21construed as a limit, substitution, or bar on a person's right
22to sentencing relief, or any other manner of relief, obtained
23by order of a court in proceedings other than as provided in
24this Section.
 
25    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)

 

 

10000HB0531sam001- 34 -LRB100 05907 RLC 27064 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, subject to Section 5-4.5-110
7of this Code, according to the following limitations:
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, subject
18        to Section 5-4.5-105, to a term of natural life
19        imprisonment, or
20            (c) the court shall sentence the defendant to a
21        term of natural life imprisonment if the defendant, at
22        the time of the commission of the murder, had attained
23        the age of 18, and
24                (i) has previously been convicted of first
25            degree murder under any state or federal law, or
26                (ii) is found guilty of murdering more than one

 

 

10000HB0531sam001- 35 -LRB100 05907 RLC 27064 a

1            victim, or
2                (iii) is found guilty of murdering a peace
3            officer, fireman, or emergency management worker
4            when the peace officer, fireman, or emergency
5            management worker was killed in the course of
6            performing his official duties, or to prevent the
7            peace officer or fireman from performing his
8            official duties, or in retaliation for the peace
9            officer, fireman, or emergency management worker
10            from performing his official duties, and the
11            defendant knew or should have known that the
12            murdered individual was a peace officer, fireman,
13            or emergency management worker, or
14                (iv) is found guilty of murdering an employee
15            of an institution or facility of the Department of
16            Corrections, or any similar local correctional
17            agency, when the employee was killed in the course
18            of performing his official duties, or to prevent
19            the employee from performing his official duties,
20            or in retaliation for the employee performing his
21            official duties, or
22                (v) is found guilty of murdering an emergency
23            medical technician - ambulance, emergency medical
24            technician - intermediate, emergency medical
25            technician - paramedic, ambulance driver or other
26            medical assistance or first aid person while

 

 

10000HB0531sam001- 36 -LRB100 05907 RLC 27064 a

1            employed by a municipality or other governmental
2            unit when the person was killed in the course of
3            performing official duties or to prevent the
4            person from performing official duties or in
5            retaliation for performing official duties and the
6            defendant knew or should have known that the
7            murdered individual was an emergency medical
8            technician - ambulance, emergency medical
9            technician - intermediate, emergency medical
10            technician - paramedic, ambulance driver, or other
11            medical assistant or first aid personnel, or
12                (vi) (blank), or
13                (vii) is found guilty of first degree murder
14            and the murder was committed by reason of any
15            person's activity as a community policing
16            volunteer or to prevent any person from engaging in
17            activity as a community policing volunteer. For
18            the purpose of this Section, "community policing
19            volunteer" has the meaning ascribed to it in
20            Section 2-3.5 of the Criminal Code of 2012.
21            For purposes of clause (v), "emergency medical
22        technician - ambulance", "emergency medical technician -
23         intermediate", "emergency medical technician -
24        paramedic", have the meanings ascribed to them in the
25        Emergency Medical Services (EMS) Systems Act.
26            (d) (i) if the person committed the offense while

 

 

10000HB0531sam001- 37 -LRB100 05907 RLC 27064 a

1            armed with a firearm, 15 years shall be added to
2            the term of imprisonment imposed by the court;
3                (ii) if, during the commission of the offense,
4            the person personally discharged a firearm, 20
5            years shall be added to the term of imprisonment
6            imposed by the court;
7                (iii) if, during the commission of the
8            offense, the person personally discharged a
9            firearm that proximately caused great bodily harm,
10            permanent disability, permanent disfigurement, or
11            death to another person, 25 years or up to a term
12            of natural life shall be added to the term of
13            imprisonment imposed by the court.
14        (2) (blank);
15        (2.5) for a person who has attained the age of 18 years
16    at the time of the commission of the offense and who is
17    convicted under the circumstances described in subdivision
18    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
19    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
20    or paragraph (2) of subsection (d) of Section 12-14,
21    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
22    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
23    Section 11-1.40 or paragraph (2) of subsection (b) of
24    Section 12-14.1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012, the sentence shall be a term of
26    natural life imprisonment.

 

 

10000HB0531sam001- 38 -LRB100 05907 RLC 27064 a

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

 

 

10000HB0531sam001- 39 -LRB100 05907 RLC 27064 a

1    sexual assault, or criminal sexual assault, on or after the
2    effective date of this amendatory Act of the 94th General
3    Assembly, or who commit the offense of aggravated child
4    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5    with sentencing under subsection (c-5) of Section 11-20.1
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    manufacture of child pornography, or dissemination of
8    child pornography after January 1, 2009, the term of
9    mandatory supervised release shall range from a minimum of
10    3 years to a maximum of the natural life of the defendant;
11        (5) if the victim is under 18 years of age, for a
12    second or subsequent offense of aggravated criminal sexual
13    abuse or felony criminal sexual abuse, 4 years, at least
14    the first 2 years of which the defendant shall serve in an
15    electronic home detention program under Article 8A of
16    Chapter V of this Code;
17        (6) for a felony domestic battery, aggravated domestic
18    battery, stalking, aggravated stalking, and a felony
19    violation of an order of protection, 4 years.
20    (e) (Blank).
21    (f) (Blank).
22(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)".