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Public Act 91-0279
SB1143 Enrolled LRB9106158RCdv
AN ACT to amend the Unified Code of Corrections by
changing Sections 5-8-1, 5-8A-3, and 5-8A-5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-8-1, 5-8A-3, and 5-8A-5 as follows:
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining
the offense, a sentence of imprisonment for a felony shall be
a determinate sentence set by the court under this Section,
according to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and
not more than 60 years, or
(b) if the court finds that the murder was
accompanied by exceptionally brutal or heinous
behavior indicative of wanton cruelty or, except as
set forth in subsection (a)(1)(c) of this Section,
that any of the aggravating factors listed in
subsection (b) of Section 9-1 of the Criminal Code
of 1961 are present, the court may sentence the
defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to
a term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of
first degree murder under any state or federal
law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age
of 17 or more and is found guilty of murdering
an individual under 12 years of age; or,
irrespective of the defendant's age at the time
of the commission of the offense, is found
guilty of murdering more than one victim, or
(iii) is found guilty of murdering a
peace officer or fireman when the peace officer
or fireman was killed in the course of
performing his official duties, or to prevent
the peace officer or fireman from performing
his official duties, or in retaliation for the
peace officer or fireman performing his
official duties, and the defendant knew or
should have known that the murdered individual
was a peace officer or fireman, or
(iv) is found guilty of murdering an
employee of an institution or facility of the
Department of Corrections, or any similar local
correctional agency, when the employee was
killed in the course of performing his official
duties, or to prevent the employee from
performing his official duties, or in
retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an
emergency medical technician - ambulance,
emergency medical technician - intermediate,
emergency medical technician - paramedic,
ambulance driver or other medical assistance or
first aid person while employed by a
municipality or other governmental unit when
the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and
the defendant knew or should have known that
the murdered individual was an emergency
medical technician - ambulance, emergency
medical technician - intermediate, emergency
medical technician - paramedic, ambulance
driver, or other medical assistant or first aid
personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the
age of 17, and is found guilty of murdering a
person under 12 years of age and the murder is
committed during the course of aggravated
criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, or
(vii) is found guilty of first degree
murder and the murder was committed by reason
of any person's activity as a community
policing volunteer or to prevent any person
from engaging in activity as a community
policing volunteer. For the purpose of this
Section, "community policing volunteer" has the
meaning ascribed to it in Section 2-3.5 of the
Criminal Code of 1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical
technician - intermediate", "emergency medical
technician - paramedic", have the meanings ascribed
to them in the Emergency Medical Services (EMS)
Systems Act.
(1.5) for second degree murder, a term shall be not
less than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, as amended, the
sentence shall be a term of natural life imprisonment;
(2.5) for a person convicted under the
circumstances described in paragraph (3) of subsection
(b) of Section 12-13, paragraph (2) of subsection (d) of
Section 12-14, paragraph (1.2) of subsection (b) of
Section 12-14.1, or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961, the
sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute
defining the offense, for a Class X felony, the sentence
shall be not less than 6 years and not more than 30
years;
(4) for a Class 1 felony, other than second degree
murder, the sentence shall be not less than 4 years and
not more than 15 years;
(5) for a Class 2 felony, the sentence shall be not
less than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not
less than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not
less than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall
set forth his reasons for imposing the particular sentence he
enters in the case, as provided in Section 5-4-1 of this
Code. Those reasons may include any mitigating or
aggravating factors specified in this Code, or the lack of
any such circumstances, as well as any other such factors as
the judge shall set forth on the record that are consistent
with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the
court may reduce a sentence without motion, within 30 days
after the sentence is imposed. A defendant's challenge to
the correctness of a sentence or to any aspect of the
sentencing hearing shall be made by a written motion filed
within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is
imposed.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, the
proponent of the motion shall exercise due diligence in
seeking a determination on the motion and the court shall
thereafter decide such motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, then for
purposes of perfecting an appeal, a final judgment shall not
be considered to have been entered until the motion to reduce
a sentence has been decided by order entered by the trial
court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with
the circuit court clerk within 30 days after the sentence is
imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date
certain within a reasonable time after the date of filing.
(d) Except where a term of natural life is imposed,
every sentence shall include as though written therein a term
in addition to the term of imprisonment. For those sentenced
under the law in effect prior to February 1, 1978, such term
shall be identified as a parole term. For those sentenced on
or after February 1, 1978, such term shall be identified as a
mandatory supervised release term. Subject to earlier
termination under Section 3-3-8, the parole or mandatory
supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3
years;
(2) for a Class 1 felony or a Class 2 felony, 2
years;
(3) for a Class 3 felony or a Class 4 felony, 1
year; .
(4) if the victim is under 18 years of age, for a
second or subsequent offense of criminal sexual assault
or aggravated criminal sexual assault, 5 years, at least
the first 2 years of which the defendant shall serve in
an electronic home detention program under Article 8A of
Chapter V of this Code;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal
sexual abuse or felony criminal sexual abuse, 4 years, at
least the first 2 years of which the defendant shall
serve in an electronic home detention program under
Article 8A of Chapter V of this Code.
(e) A defendant who has a previous and unexpired
sentence of imprisonment imposed by another state or by any
district court of the United States and who, after sentence
for a crime in Illinois, must return to serve the unexpired
prior sentence may have his sentence by the Illinois court
ordered to be concurrent with the prior sentence in the other
state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior
to his return to Illinois, shall be credited on his Illinois
sentence. The other state shall be furnished with a copy of
the order imposing sentence which shall provide that, when
the offender is released from confinement of the other state,
whether by parole or by termination of sentence, the offender
shall be transferred by the Sheriff of the committing county
to the Illinois Department of Corrections. The court shall
cause the Department of Corrections to be notified of such
sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired
sentence of imprisonment imposed by an Illinois circuit court
for a crime in this State and who is subsequently sentenced
to a term of imprisonment by another state or by any district
court of the United States and who has served a term of
imprisonment imposed by the other state or district court of
the United States, and must return to serve the unexpired
prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his
sentence reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his Illinois sentence. Such
application for reduction of a sentence under this
subsection (f) shall be made within 30 days after the
defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
1-1-99.)
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person
charged with or convicted of an excluded offense may not be
placed in an electronic home detention program, except for
bond pending trial or appeal or while on parole or mandatory
supervised release.
(b) A person serving a sentence for a conviction of a
Class 1 felony, other than an excluded offense, may be placed
in an electronic home detention program for a period not to
exceed the last 90 days of incarceration.
(c) A person serving a sentence for a conviction of a
Class X felony, other than an excluded offense, may be placed
in an electronic home detention program for a period not to
exceed the last 90 days of incarceration, provided that the
person was sentenced on or after the effective date of this
amendatory Act of 1993 and provided that the court has not
prohibited the program for the person in the sentencing
order.
(d) A person serving a sentence for conviction of an
offense other than for predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or felony criminal
sexual abuse, may be placed in an electronic home detention
program for a period not to exceed the last 12 months of
incarceration, provided that (i) the person is 55 years of
age or older; (ii) the person is serving a determinate
sentence; (iii) the person has served at least 25% of the
sentenced prison term; and (iv) placement in an electronic
home detention program is approved by the Prisoner Review
Board.
(e) A person serving a sentence for conviction of a
Class 2, 3 or 4 felony offense which is not an excluded
offense may be placed in an electronic home detention program
pursuant to Department administrative directives.
(f) Applications for electronic home detention may
include the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole or mandatory supervised release;
(6) work release;
(7) furlough or
(8) post-trial incarceration.
(g) A person convicted of an offense described in clause
(4) or (5) of subsection (d) of Section 5-8-1 of this Code
shall be placed in an electronic home detention program for
at least the first 2 years of the person's mandatory
supervised release term.
(Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before
entering an order for commitment for electronic home
detention, the supervising authority shall inform the
participant and other persons residing in the home of the
nature and extent of the approved electronic monitoring
devices by doing the following:
(A) Securing the written consent of the participant in
the program to comply with the rules and regulations of the
program as stipulated in subsections (A) through (I) of
Section 5-8A-4.
(B) Where possible, securing the written consent of
other persons residing in the home of the participant,
including the person in whose name the telephone is
registered, at the time of the order or commitment for
electronic home detention is entered and acknowledge the
nature and extent of approved electronic monitoring devices.
(C) Insure that the approved electronic devices be
minimally intrusive upon the privacy of the participant and
other persons residing in the home while remaining in
compliance with subsections (B) through (D) of Section
5-8A-4.
(D) This Section does not apply to persons subject to
Electronic Home Monitoring as a term or condition of parole
or mandatory supervised release under subsection (d) of
Section 5-8-1 of this Code.
(Source: P.A. 90-399, eff. 1-1-98.)
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