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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/5-1-17
(730 ILCS 5/5-1-17) (from Ch. 38, par. 1005-1-17)
Sec. 5-1-17. Petty Offense.
"Petty offense" means any offense for which a sentence of imprisonment is not an authorized disposition.
(Source: P.A. 95-1052, eff. 7-1-09 .)
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730 ILCS 5/5-1-18
(730 ILCS 5/5-1-18) (from Ch. 38, par. 1005-1-18)
Sec. 5-1-18.
Probation.
"Probation" means a sentence or disposition of conditional and revocable
release under the supervision of a probation officer.
(Source: P.A. 78-939.)
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730 ILCS 5/5-1-18.1
(730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1)
Sec. 5-1-18.1.
"Public or community service" means uncompensated labor
for a non-profit organization or public body whose purpose is to enhance
physical or mental stability, environmental quality or the social welfare
and which agrees to accept public or community service from offenders and
to report on the progress of the public or community service to the court. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Chapter, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
(Source: P.A. 98-824, eff. 1-1-15 .)
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730 ILCS 5/5-1-18.2
(730 ILCS 5/5-1-18.2) (from Ch. 38, par. 1005-1-18.2)
Sec. 5-1-18.2.
"Site" means non-profit organization or public body agreeing
to accept community service from offenders and to report on the progress of
ordered public or community service to the court or its delegate.
(Source: P.A. 85-449.)
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730 ILCS 5/5-1-19
(730 ILCS 5/5-1-19) (from Ch. 38, par. 1005-1-19)
Sec. 5-1-19.
Sentence.
"Sentence" is the disposition imposed by the court on a convicted
defendant.
(Source: P.A. 77-2097.)
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730 ILCS 5/5-1-20
(730 ILCS 5/5-1-20) (from Ch. 38, par. 1005-1-20)
Sec. 5-1-20.
State.
"State" or "this State" means the State of Illinois.
(Source: P.A. 77-2097.)
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730 ILCS 5/5-1-21
(730 ILCS 5/5-1-21) (from Ch. 38, par. 1005-1-21)
Sec. 5-1-21.
Supervision.) "Supervision" means a disposition of conditional
and revocable release without probationary supervision, but under such conditions
and reporting requirements as are imposed by the court, at the successful
conclusion of which disposition the defendant is discharged and a judgment
dismissing the charges is entered.
(Source: P.A. 79-1334.)
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730 ILCS 5/5-1-22
(730 ILCS 5/5-1-22) (from Ch. 38, par. 1005-1-22)
Sec. 5-1-22.
Victim.
"Victim" shall have the meaning ascribed to
the term "crime victim" in subsection (a) of Section 3 of the Rights of Crime
Victims and Witnesses
Act.
(Source: P.A. 92-651, eff. 7-11-02.)
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730 ILCS 5/Ch. V Art. 2
(730 ILCS 5/Ch. V Art. 2 heading)
ARTICLE 2.
DIVERSION FOR SPECIALIZED TREATMENT
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730 ILCS 5/5-2-3
(730 ILCS 5/5-2-3) (from Ch. 38, par. 1005-2-3)
Sec. 5-2-3.
(Repealed).
(Source: Repealed by P.A. 88-350.)
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730 ILCS 5/5-2-4
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of insanity.
(a) After a finding or verdict of not guilty by reason of insanity
under Sections 104-25, 115-3, or 115-4 of the Code of Criminal Procedure
of 1963, the defendant shall be ordered to the Department of Human Services for
an evaluation as to
whether he is in need of mental health
services. The order
shall specify whether the evaluation shall be conducted on an inpatient or
outpatient basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting. With the court order for evaluation shall be sent a copy of the arrest report, criminal charges, arrest record, jail record, any report prepared under Section 115-6 of the Code of Criminal Procedure of 1963, and any statement prepared under Section 6 of the Rights of Crime Victims and Witnesses Act. The clerk of the circuit court shall transmit this information to the Department within 5 days. If the court orders that the evaluation be done on an inpatient basis, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. During
the period of time required to
determine the appropriate placement, the defendant shall
remain in jail. If, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall contact a designated person within the Department to inquire about when a placement will become available at the designated facility and bed availability at other facilities. If, within
20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department
fails to notify the sheriff of the identity of the facility to
which the defendant shall be transported, the sheriff shall
notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the placement evaluation and availability for admission to the facility operated by the Department by contacting a designated person within the Department. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the placement evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility.
Individualized placement evaluations by the Department of Human Services determine the most appropriate setting for forensic treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender, and proximity to family.
The Department shall provide the Court with a report of its evaluation
within 30 days of the date of this order. The Court shall hold a hearing
as provided under the Mental Health and Developmental Disabilities Code to
determine if the individual is:
(a)
in need of mental health services on an inpatient basis; (b) in
need of
mental health services on an outpatient basis; (c) a person not in
need of
mental health services. The court shall afford the victim the opportunity to make a written or oral statement as guaranteed by Article I, Section 8.1 of the Illinois Constitution and Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. The court shall consider any statement presented along with all other appropriate factors in determining the sentence of the defendant or disposition of the juvenile. All statements shall become part of the record of the court.
If the defendant is found to be in
need
of mental health services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services.
The defendant shall be placed in a secure setting. Such
defendants placed in a secure setting shall not be permitted outside the
facility's housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the Court for
unsupervised
on-grounds privileges as provided
herein.
Any defendant placed in a secure setting pursuant to this Section,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, shall be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
If the defendant is found to be in need of mental health services,
but not on an inpatient care basis, the Court shall conditionally release
the defendant, under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress and participation
in treatment or
rehabilitation and the safety of the defendant, the victim, the victim's family members, and others. If the
Court
finds the person not in need of mental health services, then the Court
shall order the defendant discharged from custody.
(a-1) Definitions. For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an | | inpatient basis" means: a defendant who has been found not guilty by reason of insanity but who, due to mental illness, is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care.
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(C) "In need of mental health services on an
| | outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy.
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(D) "Conditional Release" means: the release from
| | either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant, the victim, the victim's family, and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, random testing to ensure the defendant's timely and continuous taking of any medicines prescribed to control or manage his or her conduct or mental state, and periodic checks with the legal authorities and/or the Department of Human Services. The Court may order as a condition of conditional release that the defendant not contact the victim of the offense that resulted in the finding or verdict of not guilty by reason of insanity or any other person. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decides that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section. Such conditional release shall be for a period of five years. However, the defendant, the person or facility rendering the treatment, therapy, program or outpatient care, the Department, or the State's Attorney may petition the Court for an extension of the conditional release period for an additional 5 years. Upon receipt of such a petition, the Court shall hold a hearing consistent with the provisions of paragraph (a), this paragraph (a-1), and paragraph (f) of this Section, shall determine whether the defendant should continue to be subject to the terms of conditional release, and shall enter an order either extending the defendant's period of conditional release for an additional 5-year period or discharging the defendant. Additional 5-year periods of conditional release may be ordered following a hearing as provided in this Section. However, in no event shall the defendant's period of conditional release continue beyond the maximum period of commitment ordered by the Court pursuant to paragraph (b) of this Section. These provisions for extension of conditional release shall only apply to defendants conditionally released on or after August 8, 2003. However, the extension provisions of Public Act 83-1449 apply only to defendants charged with a forcible felony.
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(E) "Facility director" means the chief officer of a
| | mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, nurse, or clinical professional counselor.
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(b) If the Court finds the defendant in need of mental health services on an
inpatient basis, the
admission, detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and treatment plans, and
discharge of the defendant after such order shall be under the
Mental Health and Developmental Disabilities Code, except that the
initial order for admission of a defendant acquitted of a felony by
reason of insanity shall be for an indefinite period of time. Such period
of commitment shall not exceed the maximum
length of time that the defendant would have been required to serve,
less credit for good behavior as provided in Section 5-4-1 of the Unified
Code of Corrections, before becoming eligible for
release had
he been convicted of and received the maximum sentence for the most
serious crime for which he has been acquitted by reason of insanity. The
Court shall determine the maximum period of commitment by an appropriate
order. During this period of time, the defendant shall not be permitted
to be in the community in any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the Department of Human
Services, unsupervised on-grounds privileges,
discharge or conditional or temporary release, except by a plan as provided in
this Section. In no event shall a defendant's continued unauthorized
absence be a basis for discharge. Not more than 30 days after admission
and every 90 days thereafter so long as the initial order
remains in effect, the facility director shall file a treatment plan report
in writing with the court
and forward a copy of the treatment plan report to the clerk of the
court, the State's Attorney, and the defendant's attorney, if the defendant is
represented by counsel,
or to a person authorized by
the defendant under the
Mental Health and Developmental Disabilities Confidentiality Act to be sent a
copy of the report. The report shall include an opinion
as to whether the
defendant is currently in need of mental
health services on an inpatient basis or in need of mental health services
on
an outpatient basis. The report shall also summarize the basis for those
findings and provide a current summary of the following items from the
treatment plan: (1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the goals of each
type of element of service, (4) an anticipated timetable for the accomplishment
of the goals, and (5) a designation of the qualified professional responsible
for the implementation of the plan.
The report may also include unsupervised on-grounds
privileges, off-grounds privileges (with or without escort by personnel of the
Department of Human Services), home visits and
participation in work
programs, but only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure the defendant's
satisfactory progress in treatment and the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of insanity and
subsequently found to be in need of
mental health services shall be represented by counsel in all proceedings under
this Section and under the Mental Health and Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public
| | defender or an attorney licensed by this State.
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(2) Upon filing with the Court of a verified
| | statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose.
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(d) When the facility director determines that:
(1) the defendant is no longer in need of mental
| | health services on an inpatient basis; and
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(2) the defendant may be conditionally released
| | because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services;
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the facility director shall give written notice
to the Court, State's Attorney and defense attorney.
Such notice shall set forth in detail the basis for the recommendation of
the facility director, and specify clearly the recommendations, if any,
of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an evaluation of
the defendant's need for psychotropic medication, what provisions should be
made, if any, to ensure that the defendant will continue to receive
psychotropic medication following discharge, and what provisions should be made
to assure the safety of the defendant and others in the event the defendant is
no longer receiving psychotropic medication.
Within 30 days of
the notification by the facility director, the Court shall set a hearing and
make a finding as to whether the defendant is:
(i) (blank); or
(ii) in need of mental health services in the form of
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(iii) in need of mental health services but not
| | subject to inpatient care; or
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(iv) no longer in need of mental health services; or
(v) (blank).
A crime victim shall be allowed to present an oral and written statement. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements shall become part of the record of the court.
Upon finding by the Court, the Court shall enter its findings and such
appropriate order as provided in subsections (a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any person on
his behalf, may file a petition for treatment plan review
or discharge or conditional release under the
standards of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or conditional release, the Court shall set a hearing to
be held within 120 days. Thereafter, no new petition
may be filed for 180 days
without leave of the Court.
(f) The Court shall direct that notice of the time and place of the
hearing be served upon the defendant, the facility director, the State's
Attorney, and the defendant's attorney. If requested by either the State or the
defense or if the Court feels it is appropriate, an impartial examination
of the defendant by a psychiatrist or clinical psychologist as defined in
Section 1-103 of the Mental Health and Developmental Disabilities Code who
is not in the employ of the Department of Human Services shall be ordered, and
the report considered at
the time of the hearing.
(g) The findings of the Court shall be established by clear and
convincing evidence. The burden of proof and the burden of going forth
with the evidence rest with the defendant or any person on the defendant's
behalf when a hearing is held to review
a petition filed by or on
behalf of the defendant. The evidence shall be presented in open
Court
with the right of confrontation and cross-examination.
Such evidence may include, but is not limited to:
(1) whether the defendant appreciates the harm caused
| | by the defendant to others and the community by his or her prior conduct that resulted in the finding of not guilty by reason of insanity;
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(2) Whether the person appreciates the criminality of
| | conduct similar to the conduct for which he or she was originally charged in this matter;
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(3) the current state of
the defendant's illness;
(4) what, if any, medications the defendant is taking
| | to control his or her mental illness;
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(5) what, if any, adverse physical side effects the
| | medication has on the defendant;
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(6) the length of time it would take for the
| | defendant's mental health to deteriorate if the defendant stopped taking prescribed medication;
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(7) the defendant's history or potential for alcohol
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(8) the defendant's past criminal history;
(9) any specialized physical or medical needs of the
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(10) any family participation or involvement expected
| | upon release and what is the willingness and ability of the family to participate or be involved;
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(11) the defendant's potential to be a danger to
| | himself, herself, or others;
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(11.5) a written or oral statement made by the
| | (12) any other factor or factors the Court deems
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(h) Before the court orders that the defendant be discharged or
conditionally released, it shall order the facility director to establish a
discharge plan that includes a plan for the defendant's shelter, support, and
medication. If appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication under standards
established by the Department of Human Services.
If the Court finds, consistent with the provisions of this Section,
that the defendant is no longer in need of mental
health services it shall order the facility director to discharge the
defendant. If the Court finds, consistent with the provisions of this
Section, that the defendant is in need of mental
health services, and no longer in need of inpatient care, it shall order
the facility director to release the defendant under such conditions as the
Court deems appropriate and as provided by this Section. Such conditional
release shall be imposed for a period of 5 years as provided in
paragraph
(D) of subsection (a-1) and shall be
subject
to later modification by the Court as provided by this Section. If the
Court finds consistent with the provisions in this Section that the
defendant is in
need of mental health services on an inpatient basis, it shall order the
facility director not to discharge or release the defendant in accordance
with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional release
the State's Attorney determines that the defendant has not fulfilled the
conditions of his or her release, the State's Attorney may petition the
Court
to
revoke or modify the conditional release of the defendant. Upon the filing of
such petition the defendant may be remanded to the custody of the Department,
or to any other mental health facility designated by the Department, pending
the resolution of the petition. Nothing in this Section shall prevent the
emergency admission of a defendant pursuant to Article VI of Chapter III of the
Mental Health
and Developmental Disabilities Code or the voluntary admission of the defendant
pursuant to Article IV of Chapter III of the Mental Health and Developmental
Disabilities
Code. If
the Court determines, after hearing evidence, that the defendant has
not fulfilled the conditions of release, the Court shall order a hearing
to be held consistent with the provisions of paragraph (f) and (g) of this
Section. At such hearing, if the Court finds that the defendant is in need of mental health services on an inpatient
basis, it shall enter an order remanding him or her to the Department of
Human Services or other
facility. If the defendant is remanded to the Department of Human Services, he
or she shall be placed in
a secure setting unless the Court
determines that there are compelling reasons that such placement is not
necessary. If the
Court finds that the defendant continues to be in need of mental health
services but not on an inpatient basis, it may modify the conditions of
the original release in order to reasonably assure the defendant's satisfactory
progress in treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of subsection (a-1). Nothing in
this Section shall limit a Court's contempt powers or any other powers of a
Court.
(j) An order of admission under this Section does not affect the
remedy of habeas corpus.
(k) In the event of a conflict between this Section and the Mental Health
and Developmental Disabilities Code or the Mental Health and Developmental
Disabilities Confidentiality Act, the provisions of this Section shall govern.
(l) Public Act 90-593 shall apply to all persons who have been found
not guilty by reason of insanity and who are presently committed to the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services).
(m)
The Clerk of the Court shall transmit a certified copy of the order of
discharge or conditional release to the Department of Human Services, to the sheriff of the county from which the defendant was admitted, to the Illinois State Police, to
the proper law enforcement agency for the municipality
where the offense took
place, and to the sheriff of the county into which the defendant is
conditionally discharged. The Illinois State Police shall
maintain a
centralized record of discharged or conditionally released defendants while
they are under court supervision for access and use of appropriate law
enforcement agencies.
(n) The provisions in this Section which allow a crime victim to make a written and oral statement do not apply if the defendant was under 18 years of age at the time the offense was committed.
(o) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision does not affect any other provision or application of this Section that can be given effect without the invalid provision or application.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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730 ILCS 5/5-2-5
(730 ILCS 5/5-2-5) (from Ch. 38, par. 1005-2-5)
Sec. 5-2-5.
In any issue of determination of fitness of a defendant to
plead, to stand trial, to be sentenced or to be executed, or in any issue
related to insanity or to mental illness, a clinical psychologist
as defined in paragraph (a) of Section 102-21 of the Code of Criminal Procedure
of 1963 shall be deemed
qualified to testify as an expert witness in the form of his opinion about
the issue of fitness or insanity or mental illness and shall not be
restricted to testifying with regard to test results only.
(Source: P.A. 82-553.)
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730 ILCS 5/5-2-6
(730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)
Sec. 5-2-6. Sentencing and treatment of defendant found guilty but mentally
ill. (a) After a plea or verdict of guilty but mentally ill under Section
115-2, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the court
shall order a presentence investigation and report pursuant to Sections
5-3-1 and 5-3-2 of this Act, and shall set a date for a sentencing hearing.
The court may impose any sentence upon the defendant which could
be imposed pursuant to law upon a defendant who had been convicted of the
same offense without a finding of mental illness.
(b) If the court imposes a sentence of imprisonment upon a defendant who
has been found guilty but mentally ill, the defendant shall be committed
to the Department of Corrections, which shall cause periodic inquiry and
examination to be made concerning the nature, extent, continuance, and
treatment of the defendant's mental illness. The Department of Corrections
shall
provide such psychiatric, psychological, or other counseling and
treatment for the defendant as it determines necessary.
(c) The Department of Corrections may transfer the defendant's custody
to the Department of Human Services in accordance with the provisions of Section 3-8-5 of this Act.
(d) (1) The Department of Human Services shall return to the Department of Corrections any
person committed to it
pursuant to this Section whose sentence has not expired and whom the Department
of Human Services deems no
longer requires
hospitalization for mental treatment, an intellectual disability, or a substance use disorder as defined in Section 1-10 of the Substance Use Disorder Act.
(2) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence
of any person transferred to the Department of Human Services under this Section. If the Department
of Human Services
determines that any such person
requires further hospitalization, it shall file an appropriate petition for
involuntary commitment pursuant to the Mental Health and Developmental
Disabilities Code.
(e) (1) All persons found guilty but mentally ill, whether by plea or
by verdict, who are placed on probation or sentenced to a term of periodic
imprisonment or a period of conditional discharge shall be required to submit
to a course of mental treatment prescribed by the sentencing court.
(2) The course of treatment prescribed by the court shall reasonably assure
the defendant's satisfactory progress in treatment or habilitation and for
the safety of the defendant and others. The court shall consider terms,
conditions and supervision which may include, but need not be limited to,
notification and discharge of the person to the custody of his family,
community adjustment programs, periodic checks with legal authorities and
outpatient
care and utilization of local mental health or developmental disabilities
facilities.
(3) Failure to continue treatment, except by agreement with the treating
person or agency and the court, shall be a basis for the institution of
probation revocation proceedings.
(4) The period of probation shall be in accordance with Article 4.5 of Chapter V of this Code
and shall not be shortened without receipt and consideration of
such psychiatric or psychological report or
reports as the court may require.
(Source: P.A. 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
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730 ILCS 5/Ch. V Art. 3
(730 ILCS 5/Ch. V Art. 3 heading)
ARTICLE 3.
PRESENTENCE PROCEDURE
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730 ILCS 5/5-3-1 (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
Sec. 5-3-1. Presentence Investigation. A defendant shall not
be sentenced for a felony before a written presentence report
of investigation is presented to and considered by the court.
However, other than for felony sex offenders being considered for probation, the court need not order a presentence report
of
investigation where both parties agree to the imposition of
a specific sentence, provided there is a finding made for the
record as to the defendant's history of delinquency or criminality,
including any previous sentence to a term of probation, periodic
imprisonment, conditional discharge, or imprisonment.
The court may order a presentence investigation of any defendant.
(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
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730 ILCS 5/5-3-2 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence
report shall set forth:
(1) the defendant's history of delinquency or | | criminality, physical and mental history and condition, family situation and background, economic status, education, occupation and personal habits;
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(2) information about special resources within the
| | community which might be available to assist the defendant's rehabilitation, including treatment centers, residential facilities, vocational training services, correctional manpower programs, employment opportunities, special educational programs, alcohol and drug abuse programming, psychiatric and marriage counseling, and other programs and facilities which could aid the defendant's successful reintegration into society;
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(3) the effect the offense committed has had upon the
| | victim or victims thereof, and any compensatory benefit that various sentencing alternatives would confer on such victim or victims;
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(3.5) information provided by the victim's spouse,
| | guardian, parent, grandparent, and other immediate family and household members about the effect the offense committed has had on the victim and on the person providing the information; if the victim's spouse, guardian, parent, grandparent, or other immediate family or household member has provided a written statement, the statement shall be attached to the report;
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| (4) information concerning the defendant's status
| | since arrest, including his record if released on his own recognizance, or the defendant's achievement record if released on a conditional pre-trial supervision program;
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|
(5) when appropriate, a plan, based upon the
| | personal, economic and social adjustment needs of the defendant, utilizing public and private community resources as an alternative to institutional sentencing;
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(6) any other matters that the investigatory officer
| | deems relevant or the court directs to be included;
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(7) information concerning the defendant's
| | eligibility for a sentence to a county impact incarceration program under Section 5-8-1.2 of this Code; and
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(8) information concerning the defendant's
| | eligibility for a sentence to an impact incarceration program administered by the Department under Section 5-8-1.1.
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| (b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made, it
shall issue an order that the defendant submit to examination at
such time and place as designated by the court and that such
examination be conducted by a physician, psychologist or
psychiatrist designated by the court. Such an examination may
be conducted in a court clinic if so ordered by the court. The
cost of such examination shall be paid by the county in which
the trial is held.
(b-5) In cases involving felony sex offenses in which the offender is being considered for probation only or any felony offense that is
sexually motivated as defined in the Sex Offender Management Board Act in which the offender is being considered for probation only, the
investigation shall include a sex offender evaluation by an evaluator approved
by the Board and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense cases, except as
specified in subsection (d) of this Section, when a presentence report has
been ordered by the court, such presentence report shall contain
information on the defendant's history of delinquency or criminality and
shall further contain only those matters listed in any of paragraphs (1)
through (6) of subsection (a) or in subsection (b) of this Section as are
specified by the court in its order for the report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, the presentence report shall set forth
information about alcohol, drug abuse, psychiatric, and marriage counseling
or other treatment programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those additional
matters listed in any of paragraphs (1) through (6) of subsection (a) or in
subsection (b) of this Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without pretrial release or to have his pretrial release revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21 .)
|
730 ILCS 5/5-3-3
(730 ILCS 5/5-3-3) (from Ch. 38, par. 1005-3-3)
Sec. 5-3-3.
Presentence Commitment for Study.
(a) In felony cases where the court is of the opinion that imprisonment
may be appropriate but desires more information as a basis for determining
the sentence than has been or may be provided by a presentence report under
Section 5-3-1, the court may commit for a period not exceeding 60 days a
convicted person to the custody of the court clinic or the Department of
Corrections if the Department has certified to the court that it can
examine such persons under this Section.
(b) The Department or court clinic shall conduct a study of the person
and shall, pursuant to the court's request, inquire into such matters as
his previous delinquency or criminal experience, his social background, his
capabilities and his mental, emotional and physical health and the
rehabilitative resources of programs adaptable to his needs and any other
matters that the court directs.
(c) At the expiration of the commitment or the sooner completion of the
ordered studies, the person shall be returned to the court for sentencing
with a written report of the results of the study. The report shall be
filed of record under Section 5-3-4.
(d) The time for which the defendant was committed for study shall be
credited against any sentence imposed.
(Source: P.A. 77-2097.)
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730 ILCS 5/5-3-4
(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
Sec. 5-3-4. Disclosure of Reports.
(a) Any report made pursuant to this Article or Section 5-705
of the Juvenile
Court Act of 1987 shall be filed of record with the court in a sealed envelope.
(b) Presentence reports shall be open for inspection only as follows:
(1) to the sentencing court;
(2) to the state's attorney and the defendant's | | attorney at least 3 days prior to the imposition of sentence, unless such 3 day requirement is waived;
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(3) to an appellate court in which the conviction or
| | sentence is subject to review;
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|
(4) to any department, agency or institution to which
| | the defendant is committed;
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|
(5) to any probation department of whom courtesy
| |
(6) to any probation department assigned by a court
| | of lawful jurisdiction to conduct a presentence report;
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(6.5) to the victim of a crime under paragraph (13)
| | of subsection (c-5) of Section 4.5 of the Rights of Crime Victims and Witnesses Act;
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| (7) to any other person only as ordered by the court;
| |
(8) to any mental health professional on behalf of
| | the Illinois Department of Corrections or the Department of Human Services or to a prosecutor who is evaluating or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of a presentence report or the respondent to a petition brought under the Sexually Violent Persons Commitment Act who is the subject of the presentence report sought. Any records and any information obtained from those records under this paragraph (8) may be used only in sexually violent persons commitment proceedings.
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|
(c) Presentence reports shall be filed of record with the court within
60 days of a verdict or finding of guilty for any offense involving an
illegal sexual act perpetrated upon a victim, including but not limited to
offenses for violations of Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act.
(d) A complaint, information or indictment shall not be quashed or
dismissed nor shall any person in custody for an offense be discharged from
custody because of noncompliance with subsection (c) of this Section.
(Source: P.A. 99-413, eff. 8-20-15.)
|
730 ILCS 5/Ch. V Art. 4
(730 ILCS 5/Ch. V Art. 4 heading)
ARTICLE 4.
SENTENCING
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730 ILCS 5/5-4-1
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
(Text of Section from P.A. 102-813) Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is
sought under hearing procedures otherwise specified, after a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the | |
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
| | based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
|
|
(4) consider evidence and information offered by the
| | parties in aggravation and mitigation;
|
| (4.5) consider substance abuse treatment, eligibility
| | screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
|
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
| | statement in his own behalf;
|
|
(7) afford the victim of a violent crime or a
| | violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
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| (7.5) afford a qualified person affected by: (i) a
| | violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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(8) in cases of reckless homicide afford the victim's
| | spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
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|
(9) in cases involving a felony sex offense as
| | defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
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| (10) make a finding of whether a motor vehicle was
| | used in the commission of the offense for which the defendant is being sentenced.
|
| (b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
| | report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
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| (2) consider the treatment recommendations of any
| | diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
|
| For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
| |
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
| | screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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| (4) the number of days, if any, which the defendant
| | has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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|
(4.1) any finding of great bodily harm made by the
| | court with respect to an offense enumerated in subsection (c-1);
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|
(5) all statements filed under subsection (d) of this
| |
(6) any medical or mental health records or summaries
| |
(7) the municipality where the arrest of the offender
| | or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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|
(8) all statements made and evidence offered under
| | paragraph (7) of subsection (a) of this Section; and
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|
(9) all additional matters which the court directs
| |
(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 103-18)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is
sought under hearing procedures otherwise specified, after a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the
| |
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
| | based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
|
|
(4) consider evidence and information offered by the
| | parties in aggravation and mitigation;
|
| (4.5) consider substance abuse treatment, eligibility
| | screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
|
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
| | statement in his own behalf;
|
|
(7) afford the victim of a violent crime or a
| | violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
|
| (7.5) afford a qualified person affected by: (i) a
| | violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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|
(8) in cases of reckless homicide afford the victim's
| | spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
|
|
(9) in cases involving a felony sex offense as
| | defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
|
| (10) make a finding of whether a motor vehicle was
| | used in the commission of the offense for which the defendant is being sentenced.
|
| (b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
| | report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
|
| (2) consider the treatment recommendations of any
| | diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
|
| For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
| |
(3) any presentence reports;
(3.3) the person's last known complete street address
| | prior to incarceration or legal residence, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is 18 years of age or older;
|
|
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
| | screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
| (4) the number of days, if any, which the defendant
| | has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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|
(4.1) any finding of great bodily harm made by the
| | court with respect to an offense enumerated in subsection (c-1);
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|
(5) all statements filed under subsection (d) of this
| |
(6) any medical or mental health records or summaries
| |
(7) the municipality where the arrest of the offender
| | or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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|
(8) all statements made and evidence offered under
| | paragraph (7) of subsection (a) of this Section; and
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|
(9) all additional matters which the court directs
| |
(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24.)
(Text of Section from P.A. 103-51)
Sec. 5-4-1. Sentencing hearing.
(a) After a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the
| |
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
| | based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
|
|
(4) consider evidence and information offered by the
| | parties in aggravation and mitigation;
|
| (4.5) consider substance abuse treatment, eligibility
| | screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
|
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
| | statement in his own behalf;
|
|
(7) afford the victim of a violent crime or a
| | violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
|
| (7.5) afford a qualified person affected by: (i) a
| | violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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(8) in cases of reckless homicide afford the victim's
| | spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
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(9) in cases involving a felony sex offense as
| | defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
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| (10) make a finding of whether a motor vehicle was
| | used in the commission of the offense for which the defendant is being sentenced.
|
| (b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
| | report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
|
| (2) consider the treatment recommendations of any
| | diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
|
| For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
| |
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
| | screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
| (4) the number of days, if any, which the defendant
| | has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
|
|
(4.1) any finding of great bodily harm made by the
| | court with respect to an offense enumerated in subsection (c-1);
|
|
(5) all statements filed under subsection (d) of this
| |
(6) any medical or mental health records or summaries
| |
(7) the municipality where the arrest of the offender
| | or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
|
|
(8) all statements made and evidence offered under
| | paragraph (7) of subsection (a) of this Section; and
|
|
(9) all additional matters which the court directs
| |
(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-51, eff. 1-1-24.)
|
730 ILCS 5/5-4-2
(730 ILCS 5/5-4-2) (from Ch. 38, par. 1005-4-2)
Sec. 5-4-2.
Multiple Offenses.
(a) After conviction and before sentencing, the defendant shall be
permitted, subject to the approval of the State's Attorney, to plead guilty
to other offenses he has committed which are within the same county. If the
defendant is not formally charged with such offenses, an information shall
be filed on the basis of the defendant's admission of guilt. Submission of
such a plea shall constitute a waiver of all objections which the defendant
might otherwise have to the charge. If such a plea is tendered and
accepted, the court shall sentence the defendant for all offenses in one
hearing under Section 5-8-4.
(b) A defendant convicted, charged, or held in custody in a county other
than that in which any other charge is pending against him may state in
writing or in court that he desires to plead guilty, to waive trial in the
county in which the charge is pending and to consent to disposition of the
case in the county in which he is held, convicted or charged, subject to
the approval of the state's attorney for each county. Upon receiving
notification from the sentencing court, the clerk of the court in which the
charge is pending shall transmit the papers in the proceeding or certified
copies thereof to the clerk of the court in which the defendant desires to
plead guilty. Thereafter, the prosecution shall continue in that county. If
after the proceeding has been transferred, the defendant pleads not guilty,
the proceeding shall be restored to the docket of the court where the
charge was pending.
(Source: P.A. 77-2097.)
|
730 ILCS 5/5-4-3
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens;
genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of
1987 for, or who received a disposition of court supervision for, a qualifying
offense or attempt of a qualifying offense, convicted or found guilty of any
offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given
supervision for any offense classified as a felony under the Juvenile Court Act
of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, or institutionalized as a sexually dangerous person under the Sexually
Dangerous Persons Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of the sentence or
disposition imposed, be required to submit specimens of blood, saliva, or
tissue to the Illinois State Police in accordance with the
provisions of this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a | | qualifying offense on or after July 1, 1990 and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense;
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(1.5) found guilty or given supervision under the
| | Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after January 1, 1997;
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(2) ordered institutionalized as a sexually dangerous
| | person on or after July 1, 1990;
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(3) convicted of a qualifying offense or attempt of a
| | qualifying offense before July 1, 1990 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction;
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(3.5) convicted or found guilty of any offense
| | classified as a felony under Illinois law or found guilty or given supervision for such an offense under the Juvenile Court Act of 1987 on or after August 22, 2002;
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(4) presently institutionalized as a sexually
| | dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or
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(4.5) ordered committed as a sexually violent person
| | on or after the effective date of the Sexually Violent Persons Commitment Act.
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(a-1) Any person incarcerated in
a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22,
2002, whether for a term of years or natural life, who has not yet submitted a specimen of blood, saliva, or tissue shall be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole, aftercare release, or mandatory
supervised release, as a
condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police. Any person serving a sentence of life imprisonment in a facility of the Illinois Department of Corrections on the effective date of this amendatory Act of the 94th General Assembly or any person who is under a sentence of death on the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue upon request at a collection site designated by the Illinois State Police.
(a-3) Any person seeking transfer to or residency in Illinois under Sections 3-3-11.05
through 3-3-11.5 of this Code, the Interstate Compact
for Adult Offender Supervision, or the Interstate Agreements on Sexually
Dangerous Persons Act shall be required to provide a specimen of blood, saliva, or tissue within 45 days after transfer to or residency in Illinois at a collection site designated by the Illinois State Police.
(a-3.1) Any person required by an order of the court to submit a DNA specimen shall be required to provide a specimen of blood, saliva, or tissue within 45 days after the court order at a collection site designated by the Illinois State Police.
(a-3.2) On or after January 1, 2012 (the effective date of Public Act 97-383), any person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois State Police:
(A) first degree murder;
(B) home invasion;
(C) predatory criminal sexual assault
of a child;
(D) aggravated criminal sexual assault; or
(E) criminal sexual assault.
(a-3.3) Any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction as set forth in subsection (c-5.2) shall be required to provide a specimen of blood, saliva, or tissue within the time period prescribed in subsection (c-5.2) at a collection site designated by the Illinois State Police.
(a-5) Any person who was otherwise convicted of or received a disposition
of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or
who was found guilty or given supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of the sentence imposed, be
required by an order of the court to submit specimens of blood, saliva, or
tissue to the Illinois State Police in accordance with the
provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, saliva, or tissue shall provide
specimens of blood, saliva, or tissue within 45 days after sentencing or
disposition at a collection site designated by the Illinois
State Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to
provide specimens of blood, saliva, or tissue shall be required to provide
such specimens prior to final discharge or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Act, by the Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide specimens of
blood, saliva, or tissue shall, where feasible, be required to provide the
specimens before being accepted for conditioned residency in Illinois under
the interstate compact or agreement, but no later than 45 days after arrival
in this State.
(c-5.2) Unless it is determined that a registered sex offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration.
(c-6) The Illinois State Police may determine which type of
specimen or specimens, blood, saliva, or tissue, is acceptable for submission
to the Division of Forensic Services for analysis. The Illinois State Police may require the submission of fingerprints from anyone required to give a specimen under this Act.
(d) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of blood specimens.
The collection of specimens shall be performed in a medically approved
manner. Only a physician authorized to practice medicine, a registered
nurse or other qualified person trained in venipuncture may withdraw blood
for the purposes of this Act. The specimens
shall thereafter be forwarded to the Illinois State Police,
Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(d-1) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of saliva specimens. The
collection of saliva specimens shall be performed in a medically approved manner.
Only a person trained in the instructions promulgated by the Illinois State
Police on collecting saliva may collect saliva for the purposes of this
Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d-2) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of tissue specimens. The
collection of tissue specimens shall be performed in a medically approved
manner. Only a person trained in the instructions promulgated by the Illinois
State Police on collecting tissue may collect tissue for the purposes of this
Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d-5) To the extent that funds are available, the Illinois
State Police shall contract with qualified personnel and certified laboratories
for the collection, analysis, and categorization of known specimens, except as provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois State Police and
the Illinois State Police may contract with third parties to
provide for the collection or analysis of DNA, or both, of an offender's blood,
saliva, and tissue specimens, except as provided in subsection (n) of this Section.
(e) The genetic marker groupings shall be maintained by the Illinois
State Police, Division of Forensic Services.
(f) The genetic marker grouping analysis information obtained pursuant
to this Act shall be confidential and shall be released only to peace
officers of the United States, of other states or territories, of the
insular possessions of the United States, of foreign countries duly
authorized to receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies, and to defense counsel as
provided by Section 116-5 of the Code of Criminal Procedure of 1963.
The genetic marker grouping analysis information obtained pursuant to
this Act shall be used only for (i) valid law enforcement identification
purposes and as required by the Federal Bureau of Investigation for
participation in the National DNA database, (ii) technology
validation
purposes, (iii) a population statistics database, (iv) quality
assurance
purposes if personally identifying information is removed,
(v) assisting in the defense of the criminally accused pursuant
to
Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. Notwithstanding
any other statutory provision to the contrary,
all information obtained under this Section shall be maintained in a single
State data base, which may be uploaded into a national database, and which
information may be subject to expungement only as set forth in subsection
(f-1).
(f-1) Upon receipt of notification of a reversal of a conviction based on
actual innocence, or of the granting of a pardon pursuant to Section 12 of
Article V of the Illinois Constitution, if that pardon document specifically
states that the reason for the pardon is the actual innocence of an individual
whose DNA record has been stored in the State or national DNA identification
index in accordance with this Section by the Illinois State
Police, the DNA record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure that the record and
any specimens, analyses, or other documents relating to such record, whether in
the possession of the Department or any law enforcement or police agency, or
any forensic DNA laboratory, including any duplicates or copies thereof, are
destroyed and a letter is sent to the court verifying the expungement is
completed. For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period. The Department shall by rule prescribe procedures to ensure that the record and any specimens in the possession or control of the Department are destroyed and a letter is sent to the court verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker grouping analysis
information, or any other information derived from a DNA specimen, beyond the
authorized uses as provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of not less than
$5,000.
(f-6) The Illinois State Police may contract with third
parties for the purposes of implementing this amendatory Act of the 93rd
General Assembly, except as provided in subsection (n) of this Section. Any other party contracting to carry out the functions of
this Section shall be subject to the same restrictions and requirements of this
Section insofar as applicable, as the Illinois State Police, and
to any additional restrictions imposed by the Illinois State
Police.
(g) For the purposes of this Section, "qualifying offense" means any of
the following:
(1) any violation or inchoate violation of Section
| | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(1.1) any violation or inchoate violation of Section
| | 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of 1961 or the Criminal Code of 2012 for which persons are convicted on or after July 1, 2001;
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(2) any former statute of this State which defined a
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(3) (blank);
(4) any inchoate violation of Section 9-3.1, 9-3.4,
| | 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or the Criminal Code of 2012; or
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(5) any violation or inchoate violation of Article
| | 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
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(g-5) (Blank).
(h) The Illinois State Police shall be the State central
repository for all genetic marker grouping analysis information obtained
pursuant to this Act. The Illinois State Police may
promulgate rules for the form and manner of the collection of blood, saliva,
or tissue specimens and other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to all actions taken
under the rules so promulgated.
(i)(1) A person required to provide a blood, saliva, or tissue specimen
shall
cooperate with the collection of the specimen and any deliberate act by
that person intended to impede, delay or stop the collection of the blood,
saliva, or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not adequate for any
reason, the person shall provide another DNA specimen for analysis. Duly
authorized law
enforcement and corrections personnel may employ reasonable force in cases in
which an individual refuses to provide a DNA specimen required under this
Act.
(j) (Blank).
(k) All analysis and categorization assessments provided under the Criminal and Traffic Assessments Act to the State Crime Laboratory Fund
shall be regulated as follows:
(1) (Blank).
(2) (Blank).
(3) Moneys deposited into the State Crime Laboratory
| | Fund shall be used by Illinois State Police crime laboratories as designated by the Director of the Illinois State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following:
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(A) Costs incurred in providing analysis and
| | genetic marker categorization as required by subsection (d).
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(B) Costs incurred in maintaining genetic marker
| | groupings as required by subsection (e).
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(C) Costs incurred in the purchase and
| | maintenance of equipment for use in performing analyses.
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(D) Costs incurred in continuing research and
| | development of new techniques for analysis and genetic marker categorization.
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(E) Costs incurred in continuing education,
| | training, and professional development of forensic scientists regularly employed by these laboratories.
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(l) The failure of a person to provide a specimen, or of any person or
agency to collect a specimen, shall in no way alter
the obligation of the person to submit such specimen, or the authority of the
Illinois State Police or persons designated by the Illinois State Police to
collect the specimen, or the authority of the Illinois State
Police to accept, analyze and maintain the specimen or to maintain or upload
results of genetic marker grouping analysis information into a State or
national database.
(m) If any provision of this amendatory Act of the 93rd General Assembly
is
held unconstitutional or otherwise invalid, the remainder of this amendatory
Act
of the 93rd General Assembly is not affected.
(n) Neither the Illinois State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency. For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the Juvenile Court Act of 1987, and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.
(p) This Section may be referred to as the Illinois DNA Database Law of 2011.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 103-51, eff. 1-1-24 .)
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730 ILCS 5/5-4-3a (730 ILCS 5/5-4-3a) Sec. 5-4-3a. DNA testing backlog accountability. (a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information: (1) the extent of the backlog of cases awaiting | | testing or awaiting DNA analysis by the Illinois State Police, including, but not limited to, those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal year, with the backlog being defined as all cases awaiting forensic testing whether in the physical custody of the Illinois State Police or in the physical custody of local law enforcement, provided that the Illinois State Police have written notice of any evidence in the physical custody of local law enforcement prior to June 1 of that year; and
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| (2) what measures have been and are being taken to
| | reduce that backlog and the estimated costs or expenditures in doing so.
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| (b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official website of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing:
(1) For biology submissions, report both total
| | assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for:
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| (A) The number of assignments received in the
| | (B) The number of assignments completed in the
| | (C) The number of assignments awaiting analysis.
(D) The number of assignments sent for
| | (E) The number of assignments awaiting analysis
| | that were received within the past 30 days.
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| (F) The number of assignments awaiting analysis
| | that were received 31 to 90 days prior.
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| (G) The number of assignments awaiting analysis
| | that were received 91 to 180 days prior.
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| (H) The number of assignments awaiting analysis
| | that were received 181 to 365 days prior.
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| (I) The number of assignments awaiting analysis
| | that were received more than 365 days prior.
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| (J) (Blank).
(2) (Blank).
(3) For all other categories of testing (e.g., drug
| | chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, and trace chemistry analysis):
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| (A) The number of assignments received in the
| | (B) The number of assignments completed in the
| | (C) The number of assignments awaiting analysis.
(D) The number of cases entered in the National
| | Integrated Ballistic Information Network (NIBIN).
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| (E) The number of investigative leads developed
| | from National Integrated Ballistic Information Network (NIBIN) analysis.
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| (4) For the Combined DNA Index System (CODIS), report
| | both total assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for subparagraphs (D), (E), and (F) of this paragraph (4):
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| (A) The number of new offender samples received
| | in the preceding quarter.
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| (B) The number of offender samples uploaded to
| | CODIS in the preceding quarter.
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| (C) The number of offender samples awaiting
| | (D) The number of unknown DNA case profiles
| | uploaded to CODIS in the preceding quarter.
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| (E) The number of CODIS hits in the preceding
| | (F) The number of forensic evidence submissions
| | submitted to confirm a previously reported CODIS hit.
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| (5) For each category of testing, report the number
| | of trained forensic scientists and the number of forensic scientists in training.
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| As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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