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91_HB2485
LRB9105035RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3, 3-8-7, 5-4-1, 5-5-6, and 5-8-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3, 3-8-7, 5-4-1, 5-5-6, and 5-8-4 as
7 follows:
8 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
9 Sec. 3-6-3. Rules and Regulations for Early Release.
10 (a)(1) The Department of Corrections shall
11 prescribe rules and regulations for the early release on
12 account of good conduct of persons committed to the
13 Department which shall be subject to review by the
14 Prisoner Review Board.
15 (2) The rules and regulations on early release
16 shall provide, with respect to offenses committed on or
17 after June 19, 1998 the effective date of this amendatory
18 Act of 1998, the following:
19 (i) that a prisoner who is serving a term of
20 imprisonment for first degree murder shall receive
21 no good conduct credit and shall serve the entire
22 sentence imposed by the court;
23 (ii) that a prisoner serving a sentence for
24 attempt to commit first degree murder, solicitation
25 of murder, solicitation of murder for hire,
26 intentional homicide of an unborn child, predatory
27 criminal sexual assault of a child, aggravated
28 criminal sexual assault, criminal sexual assault,
29 aggravated kidnapping, aggravated battery with a
30 firearm, heinous battery, aggravated battery of a
31 senior citizen, or aggravated battery of a child
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1 shall receive no more than 4.5 days of good conduct
2 credit for each month of his or her sentence of
3 imprisonment; and
4 (iii) that a prisoner serving a sentence for
5 home invasion, armed robbery, aggravated vehicular
6 hijacking, aggravated discharge of a firearm, or
7 armed violence with a category I weapon or category
8 II weapon, when the court has made and entered a
9 finding, pursuant to subsection (c-1) of Section
10 5-4-1 of this Code, that the conduct leading to
11 conviction for the enumerated offense resulted in
12 great bodily harm to a victim, shall receive no more
13 than 4.5 days of good conduct credit for each month
14 of his or her sentence of imprisonment.
15 (2.1) For all offenses, other than those enumerated
16 in subdivision (a)(2) committed on or after June 19, 1998
17 the effective date of this amendatory Act of 1998, and
18 other than the offense of reckless homicide as defined in
19 subsection (e) of Section 9-3 of the Criminal Code of
20 1961 committed on or after January 1, 1999, the rules and
21 regulations shall provide that a prisoner who is serving
22 a term of imprisonment shall receive one day of good
23 conduct credit for each day of his or her sentence of
24 imprisonment or recommitment under Section 3-3-9. Each
25 day of good conduct credit shall reduce by one day the
26 prisoner's period of imprisonment or recommitment under
27 Section 3-3-9.
28 (2.2) A prisoner serving a term of natural life
29 imprisonment or a prisoner who has been sentenced to
30 death shall receive no good conduct credit.
31 (2.3) The rules and regulations on early release
32 shall provide that a prisoner who is serving a sentence
33 for reckless homicide as defined in subsection (e) of
34 Section 9-3 of the Criminal Code of 1961 committed on or
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1 after January 1, 1999 shall receive no more than 4.5 days
2 of good conduct credit for each month of his or her
3 sentence of imprisonment.
4 (3) The rules and regulations shall also provide
5 that the Director may award up to 180 days additional
6 good conduct credit for meritorious service in specific
7 instances as the Director deems proper; except that no
8 more than 90 days of good conduct credit for meritorious
9 service shall be awarded to any prisoner who is serving a
10 sentence for conviction of first degree murder, reckless
11 homicide while under the influence of alcohol or any
12 other drug, aggravated kidnapping, kidnapping, predatory
13 criminal sexual assault of a child, aggravated criminal
14 sexual assault, criminal sexual assault, deviate sexual
15 assault, aggravated criminal sexual abuse, aggravated
16 indecent liberties with a child, indecent liberties with
17 a child, child pornography, heinous battery, aggravated
18 battery of a spouse, aggravated battery of a spouse with
19 a firearm, stalking, aggravated stalking, aggravated
20 battery of a child, endangering the life or health of a
21 child, cruelty to a child, or narcotic racketeering.
22 Notwithstanding the foregoing, good conduct credit for
23 meritorious service shall not be awarded on a sentence of
24 imprisonment imposed for conviction of: (i) one of the
25 offenses enumerated in subdivision (a)(2) when the
26 offense is committed on or after June 19, 1998 or (ii)
27 reckless homicide as defined in subsection (e) of Section
28 9-3 of the Criminal Code of 1961 when the offense is
29 committed on or after January 1, 1999 the effective date
30 of this amendatory Act of 1998.
31 (4) The rules and regulations shall also provide
32 that the good conduct credit accumulated and retained
33 under paragraph (2.1) of subsection (a) of this Section
34 by any inmate during specific periods of time in which
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1 such inmate is engaged full-time in substance abuse
2 programs, correctional industry assignments, or
3 educational programs provided by the Department under
4 this paragraph (4) and satisfactorily completes the
5 assigned program as determined by the standards of the
6 Department, shall be multiplied by a factor of 1.25 for
7 program participation before August 11, 1993 and 1.50 for
8 program participation on or after that date. However, no
9 inmate shall be eligible for the additional good conduct
10 credit under this paragraph (4) while assigned to a boot
11 camp, mental health unit, or electronic detention, or if
12 convicted of an offense enumerated in paragraph (a)(2) of
13 this Section that is committed on or after June 19, 1998
14 the effective date of this amendatory Act of 1998, or if
15 convicted of reckless homicide as defined in subsection
16 (e) of Section 9-3 of the Criminal Code of 1961 if the
17 offense is committed on or after January 1, 1999, or
18 first degree murder, a Class X felony, criminal sexual
19 assault, felony criminal sexual abuse, aggravated
20 criminal sexual abuse, aggravated battery with a firearm,
21 or any predecessor or successor offenses with the same or
22 substantially the same elements, or any inchoate offenses
23 relating to the foregoing offenses. No inmate shall be
24 eligible for the additional good conduct credit under
25 this paragraph (4) who (i) has previously received
26 increased good conduct credit under this paragraph (4)
27 and has subsequently been convicted of a felony, or (ii)
28 has previously served more than one prior sentence of
29 imprisonment for a felony in an adult correctional
30 facility.
31 Educational, vocational, substance abuse and
32 correctional industry programs under which good conduct
33 credit may be increased under this paragraph (4) shall be
34 evaluated by the Department on the basis of documented
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1 standards. The Department shall report the results of
2 these evaluations to the Governor and the General
3 Assembly by September 30th of each year. The reports
4 shall include data relating to the recidivism rate among
5 program participants.
6 Availability of these programs shall be subject to
7 the limits of fiscal resources appropriated by the
8 General Assembly for these purposes. Eligible inmates
9 who are denied immediate admission shall be placed on a
10 waiting list under criteria established by the
11 Department. The inability of any inmate to become engaged
12 in any such programs by reason of insufficient program
13 resources or for any other reason established under the
14 rules and regulations of the Department shall not be
15 deemed a cause of action under which the Department or
16 any employee or agent of the Department shall be liable
17 for damages to the inmate.
18 (5) Whenever the Department is to release any
19 inmate earlier than it otherwise would because of a grant
20 of good conduct credit for meritorious service given at
21 any time during the term, the Department shall give
22 reasonable advance notice of the impending release to the
23 State's Attorney of the county where the prosecution of
24 the inmate took place.
25 (b) Whenever a person is or has been committed under
26 several convictions, with separate sentences, the sentences
27 shall be construed under Section 5-8-4 in granting and
28 forfeiting of good time.
29 (c) The Department shall prescribe rules and regulations
30 for revoking good conduct credit, or suspending or reducing
31 the rate of accumulation of good conduct credit for specific
32 rule violations, during imprisonment. These rules and
33 regulations shall provide that no inmate may be penalized
34 more than one year of good conduct credit for any one
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1 infraction.
2 When the Department seeks to revoke, suspend or reduce
3 the rate of accumulation of any good conduct credits for an
4 alleged infraction of its rules, it shall bring charges
5 therefor against the prisoner sought to be so deprived of
6 good conduct credits before the Prisoner Review Board as
7 provided in subparagraph (a)(4) of Section 3-3-2 of this
8 Code, if the amount of credit at issue exceeds 30 days or
9 when during any 12 month period, the cumulative amount of
10 credit revoked exceeds 30 days except where the infraction is
11 committed or discovered within 60 days of scheduled release.
12 In those cases, the Department of Corrections may revoke up
13 to 30 days of good conduct credit. The Board may subsequently
14 approve the revocation of additional good conduct credit, if
15 the Department seeks to revoke good conduct credit in excess
16 of 30 days. However, the Board shall not be empowered to
17 review the Department's decision with respect to the loss of
18 30 days of good conduct credit within any calendar year for
19 any prisoner or to increase any penalty beyond the length
20 requested by the Department.
21 The Director of the Department of Corrections, in
22 appropriate cases, may restore up to 30 days good conduct
23 credits which have been revoked, suspended or reduced;
24 provided, that no more than 50% of lost good conduct credit
25 may be restored. Any restoration of good conduct credits in
26 excess of 30 days shall be subject to review by the Prisoner
27 Review Board. However, the Board may not restore good conduct
28 credit in excess of the amount requested by the Director. No
29 more than 50% of lost good conduct credit may be restored by
30 the Board.
31 Nothing contained in this Section shall prohibit the
32 Prisoner Review Board from ordering, pursuant to Section
33 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
34 the sentence imposed by the court that was not served due to
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1 the accumulation of good conduct credit.
2 (d) If a lawsuit is filed by a prisoner in an Illinois
3 or federal court against the State, the Department of
4 Corrections, or the Prisoner Review Board, or against any of
5 their officers or employees, and the court makes a specific
6 finding that a pleading, motion, or other paper filed by the
7 prisoner is frivolous, the Department of Corrections shall
8 conduct a hearing to revoke up to 180 days of good conduct
9 credit by bringing charges against the prisoner sought to be
10 deprived of the good conduct credits before the Prisoner
11 Review Board as provided in subparagraph (a)(8) of Section
12 3-3-2 of this Code. If the prisoner has not accumulated 180
13 days of good conduct credit at the time of the finding, then
14 the Prisoner Review Board may revoke all good conduct credit
15 accumulated by the prisoner.
16 For purposes of this subsection (d):
17 (1) "Frivolous" means that a pleading, motion, or
18 other filing which purports to be a legal document filed
19 by a prisoner in his or her lawsuit meets any or all of
20 the following criteria:
21 (A) it lacks an arguable basis either in law
22 or in fact;
23 (B) it is being presented for any improper
24 purpose, such as to harass or to cause unnecessary
25 delay or needless increase in the cost of
26 litigation;
27 (C) the claims, defenses, and other legal
28 contentions therein are not warranted by existing
29 law or by a nonfrivolous argument for the extension,
30 modification, or reversal of existing law or the
31 establishment of new law;
32 (D) the allegations and other factual
33 contentions do not have evidentiary support or, if
34 specifically so identified, are not likely to have
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1 evidentiary support after a reasonable opportunity
2 for further investigation or discovery; or
3 (E) the denials of factual contentions are not
4 warranted on the evidence, or if specifically so
5 identified, are not reasonably based on a lack of
6 information or belief.
7 (2) "Lawsuit" means a petition for post-conviction
8 relief under Article 122 of the Code of Criminal
9 Procedure of 1963, a motion pursuant to Section 116-3 of
10 the Code of Criminal Procedure of 1963, a habeas corpus
11 action under Article X of the Code of Civil Procedure or
12 under federal law (28 U.S.C. 2254), a petition for claim
13 under the Court of Claims Act or an action under the
14 federal Civil Rights Act (42 U.S.C. 1983).
15 (e) Nothing in this amendatory Act of 1998 affects the
16 validity of Public Act 89-404. and other than the offense of
17 reckless homicide as defined in subsection (e) of Section 9-3
18 of the Criminal Code of 1961 committed on or after the
19 effective date of this amendatory Act of 1998, (2.3) The
20 rules and regulations on early release shall provide that a
21 prisoner who is serving sentence for reckless homicide as
22 defined in subsection (e) of Section 9-3 of the Criminal Code
23 of 1961 committed on or after the effective date of this
24 amendatory Act of 1998 shall receive no more than 4.5 days of
25 good conduct credit for each month of his or her sentence of
26 imprisonment.: (i) or (ii) reckless homicide as defined in
27 subsection (e) of Section 9-3 of the Criminal Code of 1961
28 when the offense is committed on or after the effective date
29 of this amendatory Act of 1998 or if convicted of reckless
30 homicide as defined in subsection (e) of Section 9-3 of the
31 Criminal Code of 1961 if the offense is committed on or after
32 the effective date of this amendatory Act of 1998,
33 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
34 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
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1 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
2 Sec. 3-8-7. Disciplinary Procedures.)
3 (a) All disciplinary action shall be consistent with
4 this Chapter. Rules of behavior and conduct, the penalties
5 for violation thereof, and the disciplinary procedure by
6 which such penalties may be imposed shall be available to
7 committed persons.
8 (b) (1) Corporal punishment and disciplinary
9 restrictions on diet, medical or sanitary facilities,
10 mail or access to legal materials are prohibited.
11 (2) (Blank).
12 (3) (Blank).
13 (c) Review of disciplinary action imposed under this
14 Section shall be provided by means of the grievance procedure
15 under Section 3-8-8. The Department shall provide a
16 disciplined person with a review of his or her disciplinary
17 action in a timely manner as required by law.
18 (d) All institutions and facilities of the Adult
19 Division shall establish, subject to the approval of the
20 Director, procedures for hearing disciplinary cases except
21 those that may involve the imposition of disciplinary
22 segregation and isolation; the loss of good time credit under
23 Section 3-6-3 or eligibility to earn good time credit.
24 (e) In disciplinary cases which may involve the
25 imposition of disciplinary segregation and isolation, the
26 loss of good time credit or eligibility to earn good time
27 credit, the Director shall establish disciplinary procedures
28 consistent with the following principles:
29 (1) Any person or persons who initiate a
30 disciplinary charge against a person shall not determine
31 the disposition of the charge. The Director may
32 establish one or more disciplinary boards to hear and
33 determine charges.
34 (2) Any committed person charged with a violation
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1 of Department rules of behavior shall be given notice of
2 the charge including a statement of the misconduct
3 alleged and of the rules this conduct is alleged to
4 violate.
5 (3) Any person charged with a violation of rules is
6 entitled to a hearing on that charge at which time he
7 shall have an opportunity to appear before and address
8 the person or persons deciding the charge.
9 (4) The person or persons determining the
10 disposition of the charge may also summon to testify any
11 witnesses or other persons with relevant knowledge of the
12 incident.
13 (5) If the charge is sustained, the person charged
14 is entitled to a written statement of the decision by the
15 persons determining the disposition of the charge which
16 shall include the basis for the decision and the
17 disciplinary action, if any, to be imposed.
18 (6) (Blank).
19 (f) Every disciplinary action taken against a committed
20 person must be numbered. The Department must provide a
21 detailed description of every disciplinary disposition which
22 must be submitted to the Director.
23 (g) Any initial report of a crime must be sent to the
24 Attorney General's Office and the Internal Affairs Division
25 of the Department. The Internal Affairs Division must
26 investigate the incident and must report the disposition to
27 the Attorney General's office. The Attorney General's Office
28 must provide quarterly reports to the Director of all
29 dispositions.
30 (h) A report of a civil suit filed by a committed person
31 against the Department must be transmitted to the Director.
32 (Source: P.A. 89-688, eff. 6-1-97.)
33 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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1 Sec. 5-4-1. Sentencing Hearing.
2 (a) Except when the death penalty is sought under
3 hearing procedures otherwise specified, after a determination
4 of guilt, a hearing shall be held to impose the sentence.
5 However, prior to the imposition of sentence on an individual
6 being sentenced for an offense based upon a charge for a
7 violation of Section 11-501 of the Illinois Vehicle Code or a
8 similar provision of a local ordinance, the individual must
9 undergo a professional evaluation to determine if an alcohol
10 or other drug abuse problem exists and the extent of such a
11 problem. Programs conducting these evaluations shall be
12 licensed by the Department of Human Services. However, if
13 the individual is not a resident of Illinois, the court may,
14 in its discretion, accept an evaluation from a program in the
15 state of such individual's residence. The court may in its
16 sentencing order approve an eligible defendant for placement
17 in a Department of Corrections impact incarceration program
18 as provided in Section 5-8-1.1. At the hearing the court
19 shall:
20 (1) consider the evidence, if any, received upon
21 the trial;
22 (2) consider any presentence reports;
23 (3) consider the financial impact of incarceration
24 based on the financial impact statement filed with the
25 clerk of the court by the Department of Corrections;
26 (4) consider evidence and information offered by
27 the parties in aggravation and mitigation;
28 (5) hear arguments as to sentencing alternatives;
29 (6) afford the defendant the opportunity to make a
30 statement in his own behalf;
31 (7) afford the victim of a violent crime or a
32 violation of Section 11-501 of the Illinois Vehicle Code,
33 or a similar provision of a local ordinance, committed by
34 the defendant the opportunity to make a statement
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1 concerning the impact on the victim and to offer evidence
2 in aggravation or mitigation; provided that the statement
3 and evidence offered in aggravation or mitigation must
4 first be prepared in writing in conjunction with the
5 State's Attorney before it may be presented orally at the
6 hearing. Any sworn testimony offered by the victim is
7 subject to the defendant's right to cross-examine. All
8 statements and evidence offered under this paragraph (7)
9 shall become part of the record of the court; and
10 (8) in cases of reckless homicide afford the
11 victim's spouse, guardians, parents or other immediate
12 family members an opportunity to make oral statements.
13 (b) All sentences shall be imposed by the judge based
14 upon his independent assessment of the elements specified
15 above and any agreement as to sentence reached by the
16 parties. The judge who presided at the trial or the judge
17 who accepted the plea of guilty shall impose the sentence
18 unless he is no longer sitting as a judge in that court.
19 Where the judge does not impose sentence at the same time on
20 all defendants who are convicted as a result of being
21 involved in the same offense, the defendant or the State's
22 Attorney may advise the sentencing court of the disposition
23 of any other defendants who have been sentenced.
24 (c) In imposing a sentence for a violent crime or for an
25 offense of operating or being in physical control of a
26 vehicle while under the influence of alcohol, any other drug
27 or any combination thereof, or a similar provision of a local
28 ordinance, when such offense resulted in the personal injury
29 to someone other than the defendant, the trial judge shall
30 specify on the record the particular evidence, information,
31 factors in mitigation and aggravation or other reasons that
32 led to his sentencing determination. The full verbatim record
33 of the sentencing hearing shall be filed with the clerk of
34 the court and shall be a public record.
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1 (c-1) In imposing a sentence for the offense of
2 aggravated kidnapping for ransom, home invasion, armed
3 robbery, aggravated vehicular hijacking, aggravated discharge
4 of a firearm, or armed violence with a category I weapon or
5 category II weapon, the trial judge shall make a finding as
6 to whether the conduct leading to conviction for the offense
7 resulted in great bodily harm to a victim, and shall enter
8 that finding and the basis for that finding in the record.
9 (c-2) If the defendant is sentenced to prison, other
10 than when a sentence of natural life imprisonment or a
11 sentence of death is imposed, at the time the sentence is
12 imposed the judge shall state on the record in open court the
13 approximate period of time the defendant will serve in
14 custody according to the then current statutory rules and
15 regulations for early release found in Section 3-6-3 and
16 other related provisions of this Code. This statement is
17 intended solely to inform the public, has no legal effect on
18 the defendant's actual release, and may not be relied on by
19 the defendant on appeal.
20 The judge's statement, to be given after pronouncing the
21 sentence, other than when the sentence is imposed for one of
22 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
23 shall include the following:
24 "The purpose of this statement is to inform the public of
25 the actual period of time this defendant is likely to spend
26 in prison as a result of this sentence. The actual period of
27 prison time served is determined by the statutes of Illinois
28 as applied to this sentence by the Illinois Department of
29 Corrections and the Illinois Prisoner Review Board. In this
30 case, assuming the defendant receives all of his or her good
31 conduct credit, the period of estimated actual custody is ...
32 years and ... months, less up to 180 days additional good
33 conduct credit for meritorious service. If the defendant,
34 because of his or her own misconduct or failure to comply
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1 with the institutional regulations, does not receive those
2 credits, the actual time served in prison will be longer.
3 The defendant may also receive an additional one-half day
4 good conduct credit for each day of participation in
5 vocational, industry, substance abuse, and educational
6 programs as provided for by Illinois statute."
7 When the sentence is imposed for one of the offenses
8 enumerated in paragraph (a)(3) of Section 3-6-3, other than
9 when the sentence is imposed for one of the offenses
10 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
11 or after June 19, 1998 the effective date of this amendatory
12 Act of 1998, and other than when the sentence is imposed for
13 reckless homicide as defined in subsection (e) of Section 9-3
14 of the Criminal Code of 1961 if the offense was committed on
15 or after January 1, 1999, the judge's statement, to be given
16 after pronouncing the sentence, shall include the following:
17 "The purpose of this statement is to inform the public of
18 the actual period of time this defendant is likely to spend
19 in prison as a result of this sentence. The actual period of
20 prison time served is determined by the statutes of Illinois
21 as applied to this sentence by the Illinois Department of
22 Corrections and the Illinois Prisoner Review Board. In this
23 case, assuming the defendant receives all of his or her good
24 conduct credit, the period of estimated actual custody is ...
25 years and ... months, less up to 90 days additional good
26 conduct credit for meritorious service. If the defendant,
27 because of his or her own misconduct or failure to comply
28 with the institutional regulations, does not receive those
29 credits, the actual time served in prison will be longer.
30 The defendant may also receive an additional one-half day
31 good conduct credit for each day of participation in
32 vocational, industry, substance abuse, and educational
33 programs as provided for by Illinois statute."
34 When the sentence is imposed for one of the offenses
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1 enumerated in paragraph (a)(2) of Section 3-6-3, other than
2 first degree murder, and the offense was committed on or
3 after June 19, 1998 the effective date of this amendatory Act
4 of 1998, and when the sentence is imposed for reckless
5 homicide as defined in subsection (e) of Section 9-3 of the
6 Criminal Code of 1961 if the offense was committed on or
7 after January 1, 1999, the judge's statement, to be given
8 after pronouncing the sentence, shall include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, the defendant is entitled to no more than 4 1/2 days of
16 good conduct credit for each month of his or her sentence of
17 imprisonment. Therefore, this defendant will serve at least
18 85% of his or her sentence. Assuming the defendant receives
19 4 1/2 days credit for each month of his or her sentence, the
20 period of estimated actual custody is ... years and ...
21 months. If the defendant, because of his or her own
22 misconduct or failure to comply with the institutional
23 regulations receives lesser credit, the actual time served in
24 prison will be longer."
25 When a sentence of imprisonment is imposed for first
26 degree murder and the offense was committed on or after June
27 19, 1998 the effective date of this amendatory Act of 1998,
28 the judge's statement, to be given after pronouncing the
29 sentence, shall include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, the defendant is not entitled to good conduct credit.
3 Therefore, this defendant will serve 100% of his or her
4 sentence."
5 (d) When the defendant is committed to the Department of
6 Corrections, the State's Attorney shall and counsel for the
7 defendant may file a standardized form provided by the
8 Department of Corrections statement with the clerk of the
9 court to be transmitted to the department, agency or
10 institution to which the defendant is committed to furnish
11 such department, agency or institution with the mittimus,
12 jail verification, the facts and circumstances of the offense
13 for which the person was committed together with all other
14 factual information accessible to them in regard to the
15 person prior to his commitment relative to his habits,
16 associates, disposition and reputation and any other facts
17 and circumstances which may aid such department, agency or
18 institution during its custody of such person. The clerk
19 shall within 10 days after receiving any such statements
20 transmit a copy to such department, agency or institution and
21 a copy to the other party, provided, however, that this shall
22 not be cause for delay in conveying the person to the
23 department, agency or institution to which he has been
24 committed. The Department of Corrections may by rule
25 periodically update the form.
26 (e) The clerk of the court shall transmit a type written
27 statement sealed by the court, stamp, order, or judge's
28 signature or an electronically report under rules established
29 by the Department of Corrections to the department, agency or
30 institution, if any, to which the defendant is committed, the
31 following:
32 (1) the sentence imposed;
33 (2) any statement by the court of the basis for
34 imposing the sentence;
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1 (3) any presentence reports;
2 (4) the number of days, if any, which the defendant
3 has been in custody and for which he is entitled to
4 credit against the sentence, which information shall be
5 provided to the clerk by the sheriff;
6 (4.1) any finding of great bodily harm made by the
7 court with respect to an offense enumerated in subsection
8 (c-1);
9 (5) all statements filed under subsection (d) of
10 this Section;
11 (6) any medical or mental health records or
12 summaries of the defendant;
13 (7) the municipality where the arrest of the
14 offender or the commission of the offense has occurred,
15 where such municipality has a population of more than
16 25,000 persons;
17 (7.5) any gang membership of the defendant;
18 (8) all statements made and evidence offered under
19 paragraph (7) of subsection (a) of this Section; and
20 (9) all additional matters which the court directs
21 the clerk to transmit. and other than when the sentence
22 is imposed for reckless homicide as defined in subsection
23 (e) of Section 9-3 of the Criminal Code of 1961 if the
24 offense was committed on or after the effective date of
25 this amendatory Act of 1998, and when the sentence is
26 imposed for reckless homicide as defined in subsection
27 (e) of Section 9-3 of the Criminal Code of 1961 if the
28 offense was committed on or after the effective date of
29 this amendatory Act of 1998,
30 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
31 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
32 1-1-99; revised 9-16-98.)
33 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
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1 Sec. 5-5-6. In all convictions for offenses in violation
2 of the Criminal Code of 1961 in which the person received any
3 injury to their person or damage to their real or personal
4 property as a result of the criminal act of the defendant,
5 the court shall order restitution as provided in this
6 Section. When the offender is sentenced to make restitution
7 the Court shall determine the restitution as hereinafter set
8 forth:
9 (a) At the sentence hearing, the court shall
10 determine whether the property may be restored in kind to
11 the possession of the owner or the person entitled to
12 possession thereof; or whether the defendant is possessed
13 of sufficient skill to repair and restore property
14 damaged; or whether the defendant should be required to
15 make restitution in cash, for out-of-pocket expenses,
16 damages, losses, or injuries found to have been
17 proximately caused by the conduct of the defendant or
18 another for whom the defendant is legally accountable
19 under the provisions of Article V of the Criminal Code of
20 1961.
21 (b) In fixing the amount of restitution to be paid
22 in cash, the court shall allow credit for property
23 returned in kind, for property damages ordered to be
24 repaired by the defendant, and for property ordered to be
25 restored by the defendant; and after granting the credit,
26 the court shall assess the actual out-of-pocket expenses,
27 losses, damages, and injuries suffered by the victim
28 named in the charge and any other victims who may also
29 have suffered out-of-pocket expenses, losses, damages,
30 and injuries proximately caused by the same criminal
31 conduct of the defendant, and insurance carriers who have
32 indemnified the named victim or other victims for the
33 out-of-pocket expenses, losses, damages, or injuries,
34 provided that in no event shall restitution be ordered to
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1 be paid on account of pain and suffering. If a defendant
2 is placed on supervision for, or convicted of, domestic
3 battery, the defendant shall be required to pay
4 restitution to any domestic violence shelter in which the
5 victim and any other family or household members lived
6 because of the domestic battery. The amount of the
7 restitution shall equal the actual expenses of the
8 domestic violence shelter in providing housing and any
9 other services for the victim and any other family or
10 household members living at the shelter. If a defendant
11 fails to pay restitution in the manner or within the time
12 period specified by the court, the court may enter an
13 order directing the sheriff to seize any real or personal
14 property of a defendant to the extent necessary to
15 satisfy the order of restitution and dispose of the
16 property by public sale. All proceeds from such sale in
17 excess of the amount of restitution plus court costs and
18 the costs of the sheriff in conducting the sale shall be
19 paid to the defendant.
20 (c) In cases where more than one defendant is
21 accountable for the same criminal conduct that results in
22 out-of-pocket expenses, losses, damages, or injuries,
23 each defendant shall be ordered to pay restitution in the
24 amount of the total actual out-of-pocket expenses,
25 losses, damages, or injuries to the victim proximately
26 caused by the conduct of all of the defendants who are
27 legally accountable for the offense.
28 (1) In no event shall the victim be entitled
29 to recover restitution in excess of the actual
30 out-of-pocket expenses, losses, damages, or
31 injuries, proximately caused by the conduct of all
32 of the defendants.
33 (2) As between the defendants, the court may
34 apportion the restitution that is payable in
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1 proportion to each co-defendant's culpability in the
2 commission of the offense.
3 (3) In the absence of a specific order
4 apportioning the restitution, each defendant shall
5 bear his pro rata share of the restitution.
6 (4) As between the defendants, each defendant
7 shall be entitled to a pro rata reduction in the
8 total restitution required to be paid to the victim
9 for amounts of restitution actually paid by
10 co-defendants, and defendants who shall have paid
11 more than their pro rata share shall be entitled to
12 refunds to be computed by the court as additional
13 amounts are paid by co-defendants.
14 (d) In instances where a defendant has more than
15 one criminal charge pending against him in a single case,
16 or more than one case, and the defendant stands convicted
17 of one or more charges, a plea agreement negotiated by
18 the State's Attorney and the defendants may require the
19 defendant to make restitution to victims of charges that
20 have been dismissed or which it is contemplated will be
21 dismissed under the terms of the plea agreement, and
22 under the agreement, the court may impose a sentence of
23 restitution on the charge or charges of which the
24 defendant has been convicted that would require the
25 defendant to make restitution to victims of other
26 offenses as provided in the plea agreement.
27 (e) The court may require the defendant to apply
28 the balance of the cash bond, after payment of court
29 costs, and any fine that may be imposed to the payment of
30 restitution.
31 (f) Taking into consideration the ability of the
32 defendant to pay, the court shall determine whether
33 restitution shall be paid in a single payment or in
34 installments, and shall fix a period of time not in
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1 excess of 5 years, or if the defendant is incarcerated in
2 a Department of Corrections facility for a period of time
3 not in excess of 10 years following release, not
4 including periods of incarceration, within which payment
5 of restitution is to be paid in full. However, if the
6 court deems it necessary and in the best interest of the
7 victim, the court may extend beyond 5 years the period of
8 time within which the payment of restitution is to be
9 paid. If the defendant is ordered to pay restitution and
10 the court orders that restitution is to be paid over a
11 period greater than 6 months, the court shall order that
12 the defendant make monthly payments; the court may waive
13 this requirement of monthly payments only if there is a
14 specific finding of good cause for waiver.
15 (g) The court shall, after determining that the
16 defendant has the ability to pay, require the defendant
17 to pay for the victim's counseling services if:
18 (1) the defendant was convicted of an offense
19 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
20 12-14.1, 12-15 or 12-16 of the Criminal Code of
21 1961, or was charged with such an offense and the
22 charge was reduced to another charge as a result of
23 a plea agreement under subsection (d) of this
24 Section, and
25 (2) the victim was under 18 years of age at
26 the time the offense was committed and requires
27 counseling as a result of the offense.
28 The payments shall be made by the defendant to the
29 clerk of the circuit court and transmitted by the clerk
30 to the appropriate person or agency as directed by the
31 court. The order may require such payments to be made
32 for a period not to exceed 5 years after sentencing, or
33 10 years if the defendant has been incarcerated in a
34 Department of Corrections facility following release, not
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1 including periods of incarceration.
2 (h) The judge may enter an order of withholding to
3 collect the amount of restitution owed in accordance with
4 Part 8 of Article XII of the Code of Civil Procedure.
5 (i) A sentence of restitution may be modified or
6 revoked by the court if the offender commits another
7 offense, or the offender fails to make restitution as
8 ordered by the court, but no sentence to make restitution
9 shall be revoked unless the court shall find that the
10 offender has had the financial ability to make
11 restitution, and he has wilfully refused to do so. If
12 the court shall find that the defendant has failed to
13 make restitution and that the failure is not wilful, the
14 court may impose an additional period of time within
15 which to make restitution. The length of the additional
16 period shall not be more than 2 years. The court shall
17 retain all of the incidents of the original sentence,
18 including the authority to modify or enlarge the
19 conditions, and to revoke or further modify the sentence
20 if the conditions of payment are violated during the
21 additional period.
22 (j) The procedure upon the filing of a Petition to
23 Revoke a sentence to make restitution shall be the same
24 as the procedures set forth in Section 5-6-4 of this Code
25 governing violation, modification, or revocation of
26 Probation, of Conditional Discharge, or of Supervision.
27 (k) Nothing contained in this Section shall
28 preclude the right of any party to proceed in a civil
29 action to recover for any damages incurred due to the
30 criminal misconduct of the defendant.
31 (l) Restitution ordered under this Section shall
32 not be subject to disbursement by the circuit clerk under
33 Section 27.5 of the Clerks of Courts Act.
34 (m) A restitution order under this Section is a
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1 judgment lien in favor of the victim that:
2 (1) Attaches to the property of the person
3 subject to the order;
4 (2) May be perfected in the same manner as
5 provided in Part 3 of Article 9 of the Uniform
6 Commercial Code;
7 (3) May be enforced to satisfy any payment
8 that is delinquent under the restitution order by
9 the person in whose favor the order is issued or the
10 person's assignee; and
11 (4) Expires in the same manner as a judgment
12 lien created in a civil proceeding.
13 When a restitution order is issued under this
14 Section, the issuing court shall send a certified copy of
15 the order to the clerk of the circuit court in the county
16 where the charge was filed. Upon receiving the order,
17 the clerk shall enter and index the order in the circuit
18 court judgment docket.
19 (n) An order of restitution under this Section does
20 not bar a civil action for:
21 (1) Damages that the court did not require the
22 person to pay to the victim under the restitution
23 order but arise from an injury or property damages
24 that is the basis of restitution ordered by the
25 court; and
26 (2) Other damages suffered by the victim.
27 The restitution order is not discharged by the completion
28 of the sentence imposed for the offense.
29 A restitution order under this Section is not discharged
30 by the liquidation of a person's estate by a receiver. A
31 restitution order under this Section may be enforced in the
32 same manner as judgment liens are enforced under Article XII
33 of the Code of Civil Procedure.
34 The provisions of Section 2-1303 of the Code of Civil
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1 Procedure, providing for interest on judgments, apply to
2 judgments for restitution entered under this Section.
3 (o) A restitution order may require the defendant
4 to pay an amount not to exceed 25% of his or her net
5 income to satisfy the restitution payment.
6 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
7 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
8 12-31-96; 90-465, eff. 1-1-98.)
9 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
10 Sec. 5-8-4. Concurrent and Consecutive Terms of
11 Imprisonment.
12 (a) When multiple sentences of imprisonment are imposed
13 on a defendant at the same time, or when a term of
14 imprisonment is imposed on a defendant who is already subject
15 to sentence in this State or in another state, or for a
16 sentence imposed by any district court of the United States,
17 the sentences shall run concurrently or consecutively as
18 determined by the court. When a term of imprisonment is
19 imposed on a defendant by an Illinois circuit court and the
20 defendant is subsequently sentenced to a term of imprisonment
21 by another state or by a district court of the United States,
22 the Illinois circuit court which imposed the sentence may
23 order that the Illinois sentence be made concurrent with the
24 sentence imposed by the other state or district court of the
25 United States. The defendant must apply to the circuit court
26 within 30 days after the defendant's sentence imposed by the
27 other state or district of the United States is finalized.
28 The court shall not impose consecutive sentences for offenses
29 which were committed as part of a single course of conduct
30 during which there was no substantial change in the nature of
31 the criminal objective, unless, one of the offenses for which
32 defendant was convicted was a Class X or Class 1 felony and
33 the defendant inflicted severe bodily injury, or where the
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1 defendant was convicted of a violation of Section 12-13,
2 12-14, or 12-14.1 of the Criminal Code of 1961, in which
3 event the court shall enter sentences to run consecutively.
4 Sentences shall run concurrently unless otherwise specified
5 by the court.
6 (b) The court shall not impose a consecutive sentence
7 except as provided for in subsection (a) unless, having
8 regard to the nature and circumstances of the offense and the
9 history and character of the defendant, it is of the opinion
10 that such a term is required to protect the public from
11 further criminal conduct by the defendant, the basis for
12 which the court shall set forth in the record; except that no
13 such finding or opinion is required when multiple sentences
14 of imprisonment are imposed on a defendant for offenses that
15 were not committed as part of a single course of conduct
16 during which there was no substantial change in the nature of
17 the criminal objective, and one of the offenses for which the
18 defendant was convicted was a Class X or Class 1 felony and
19 the defendant inflicted severe bodily injury, or when the
20 defendant was convicted of a violation of Section 12-13,
21 12-14, or 12-14.1 of the Criminal Code of 1961, in which
22 event the Court shall enter sentences to run consecutively.
23 (c) (1) For sentences imposed under law in effect prior
24 to February 1, 1978 the aggregate maximum of consecutive
25 sentences shall not exceed the maximum term authorized
26 under Section 5-8-1 for the 2 most serious felonies
27 involved. The aggregate minimum period of consecutive
28 sentences shall not exceed the highest minimum term
29 authorized under Section 5-8-1 for the 2 most serious
30 felonies involved. When sentenced only for misdemeanors,
31 a defendant shall not be consecutively sentenced to more
32 than the maximum for one Class A misdemeanor.
33 (2) For sentences imposed under the law in effect
34 on or after February 1, 1978, the aggregate of
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1 consecutive sentences for offenses that were committed as
2 part of a single course of conduct during which there was
3 no substantial change in the nature of the criminal
4 objective shall not exceed the sum of the maximum terms
5 authorized under Section 5-8-2 for the 2 most serious
6 felonies involved, but no such limitation shall apply for
7 offenses that were not committed as part of a single
8 course of conduct during which there was no substantial
9 change in the nature of the criminal objective. When
10 sentenced only for misdemeanors, a defendant shall not be
11 consecutively sentenced to more than the maximum for one
12 Class A misdemeanor.
13 (d) An offender serving a sentence for a misdemeanor who
14 is convicted of a felony and sentenced to imprisonment shall
15 be transferred to the Department of Corrections, and the
16 misdemeanor sentence shall be merged in and run concurrently
17 with the felony sentence.
18 (e) In determining the manner in which consecutive
19 sentences of imprisonment, one or more of which is for a
20 felony, will be served, the Department of Corrections shall
21 treat the offender as though he had been committed for a
22 single term with the following incidents:
23 (1) the maximum period of a term of imprisonment
24 shall consist of the aggregate of the maximums of the
25 imposed indeterminate terms, if any, plus the aggregate
26 of the imposed determinate sentences for felonies plus
27 the aggregate of the imposed determinate sentences for
28 misdemeanors subject to paragraph (c) of this Section;
29 (2) the parole or mandatory supervised release term
30 shall be as provided in paragraph (e) of Section 5-8-1 of
31 this Code for the most serious of the offenses involved;
32 (3) the minimum period of imprisonment shall be the
33 aggregate of the minimum and determinate periods of
34 imprisonment imposed by the court, subject to paragraph
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1 (c) of this Section; and
2 (4) the offender shall be awarded credit against
3 the aggregate maximum term and the aggregate minimum term
4 of imprisonment for all time served in an institution
5 since the commission of the offense or offenses and as a
6 consequence thereof at the rate specified in Section
7 3-6-3 of this Code.
8 (f) A sentence of an offender committed to the
9 Department of Corrections at the time of the commission of
10 the offense shall be served consecutive to the sentence under
11 which he is held by the Department of Corrections. However,
12 in case such offender shall be sentenced to punishment by
13 death, the sentence shall be executed at such time as the
14 court may fix without regard to the sentence under which such
15 offender may be held by the Department.
16 (g) A sentence under Section 3-6-4 for escape or
17 attempted escape shall be served consecutive to the terms
18 under which the offender is held by the Department of
19 Corrections.
20 (h) If a person charged with a felony commits a separate
21 felony while on pre-trial release or in pretrial detention in
22 a county jail facility or county detention facility, the
23 sentences imposed upon conviction of these felonies shall be
24 served consecutively regardless of the order in which the
25 judgments of conviction are entered.
26 (i) If a person admitted to bail following conviction of
27 a felony commits a separate felony while free on bond or if a
28 person detained in a county jail facility or county detention
29 facility following conviction of a felony commits a separate
30 felony while in detention, any sentence following conviction
31 of the separate felony shall be consecutive to that of the
32 original sentence for which the defendant was on bond or
33 detained.
34 (j) Notwithstanding any other provision of this Section
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1 to the contrary, a person convicted of a criminal offense
2 committed as an inmate in a Department of Corrections
3 facility shall be served consecutive to the term under which
4 the offender is held by the Department of Corrections.
5 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
6 90-128, eff. 7-22-97.)