093_HB3093

 
                                     LRB093 08194 RLC 08401 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Criminal Code of 1961 is amended by adding
 5    Section 20-1.3 as follows:

 6        (720 ILCS 5/20-1.3 new)
 7        Sec. 20-1.3. Place of worship arson.
 8        (a)  A  person  commits  the  offense of place of worship
 9    arson when, in the course of committing an arson, he  or  she
10    knowingly   damages,  partially  or  totally,  any  place  of
11    worship.
12        (b)  Sentence.  Place of  worship  arson  is  a  Class  1
13    felony.

14        Section  10.   The Unified Code of Corrections is amended
15    by changing Sections 5-5-3 and 5-8-1.1 as follows:

16        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17        Sec. 5-5-3.  Disposition.
18        (a)  Every  person  convicted  of  an  offense  shall  be
19    sentenced as provided in this Section.
20        (b)  The   following   options   shall   be   appropriate
21    dispositions, alone or in combination, for all  felonies  and
22    misdemeanors other than those identified in subsection (c) of
23    this Section:
24             (1)  A period of probation.
25             (2)  A term of periodic imprisonment.
26             (3)  A term of conditional discharge.
27             (4)  A term of imprisonment.
28             (5)  An order directing the offender to clean up and
29        repair  the  damage,  if the offender was convicted under
 
                            -2-      LRB093 08194 RLC 08401 b
 1        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
 2        1961.
 3             (6)  A fine.
 4             (7)  An   order   directing  the  offender  to  make
 5        restitution to the victim under  Section  5-5-6  of  this
 6        Code.
 7             (8)  A  sentence of participation in a county impact
 8        incarceration program under Section 5-8-1.2 of this Code.
 9        Whenever an individual is sentenced for an offense  based
10    upon  an  arrest  for  a  violation  of Section 11-501 of the
11    Illinois Vehicle Code, or a  similar  provision  of  a  local
12    ordinance,   and   the   professional  evaluation  recommends
13    remedial or rehabilitative treatment  or  education,  neither
14    the treatment nor the education shall be the sole disposition
15    and  either  or  both may be imposed only in conjunction with
16    another disposition. The court shall monitor compliance  with
17    any remedial education or treatment recommendations contained
18    in  the professional evaluation.  Programs conducting alcohol
19    or other  drug  evaluation  or  remedial  education  must  be
20    licensed  by  the  Department of Human Services.  However, if
21    the individual is not a resident of Illinois, the  court  may
22    accept  an  alcohol  or  other  drug  evaluation  or remedial
23    education  program  in  the  state   of   such   individual's
24    residence.   Programs  providing  treatment  must be licensed
25    under  existing  applicable  alcoholism  and  drug  treatment
26    licensure standards.
27        In addition to any other fine or penalty required by law,
28    any individual convicted of a violation of Section 11-501  of
29    the  Illinois  Vehicle  Code  or a similar provision of local
30    ordinance, whose  operation  of  a  motor  vehicle  while  in
31    violation  of  Section  11-501  or such ordinance proximately
32    caused an incident  resulting  in  an  appropriate  emergency
33    response,  shall  be required to make restitution to a public
34    agency for  the  costs  of  that  emergency  response.   Such
 
                            -3-      LRB093 08194 RLC 08401 b
 1    restitution  shall not exceed $500 per public agency for each
 2    such emergency response.  For the purpose of this  paragraph,
 3    emergency  response  shall  mean  any  incident  requiring  a
 4    response  by: a police officer as defined under Section 1-162
 5    of the Illinois Vehicle Code; a fireman carried on the  rolls
 6    of  a regularly constituted fire department; and an ambulance
 7    as defined  under  Section  4.05  of  the  Emergency  Medical
 8    Services (EMS) Systems Act.
 9        Neither   a  fine  nor  restitution  shall  be  the  sole
10    disposition for a felony and either or both  may  be  imposed
11    only in conjunction with another disposition.
12        (c) (1)  When a defendant is found guilty of first degree
13        murder   the   State   may  either  seek  a  sentence  of
14        imprisonment under Section 5-8-1 of this Code,  or  where
15        appropriate seek a sentence of death under Section 9-1 of
16        the Criminal Code of 1961.
17             (2)  A  period  of  probation,  a  term  of periodic
18        imprisonment  or  conditional  discharge  shall  not   be
19        imposed  for  the  following  offenses.  The  court shall
20        sentence the offender to not less than the  minimum  term
21        of  imprisonment set forth in this Code for the following
22        offenses, and may order a fine or restitution or both  in
23        conjunction with such term of imprisonment:
24                  (A)  First   degree   murder  where  the  death
25             penalty is not imposed.
26                  (B)  Attempted first degree murder.
27                  (C)  A Class X felony.
28                  (D)  A violation of Section 401.1 or 407 of the
29             Illinois Controlled Substances Act, or  a  violation
30             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
31             that Act which relates to more than  5  grams  of  a
32             substance  containing heroin or cocaine or an analog
33             thereof.
34                  (E)  A violation of Section 5.1  or  9  of  the
 
                            -4-      LRB093 08194 RLC 08401 b
 1             Cannabis Control Act.
 2                  (F)  A   Class  2  or  greater  felony  if  the
 3             offender had been convicted of a Class 2 or  greater
 4             felony  within  10  years  of  the date on which the
 5             offender committed the offense for which he  or  she
 6             is  being sentenced, except as otherwise provided in
 7             Section 40-10 of the Alcoholism and Other Drug Abuse
 8             and Dependency Act.
 9                  (G)  Residential burglary, except as  otherwise
10             provided  in  Section  40-10  of  the Alcoholism and
11             Other Drug Abuse and Dependency Act.
12                  (H)  Criminal   sexual   assault,   except   as
13             otherwise  provided  in  subsection  (e)   of   this
14             Section.
15                  (I)  Aggravated battery of a senior citizen.
16                  (J)  A  forcible  felony  if  the  offense  was
17             related to the activities of an organized gang.
18                  Before  July  1, 1994, for the purposes of this
19             paragraph, "organized gang" means an association  of
20             5  or  more  persons, with an established hierarchy,
21             that  encourages  members  of  the  association   to
22             perpetrate crimes or provides support to the members
23             of the association who do commit crimes.
24                  Beginning  July  1,  1994,  for the purposes of
25             this paragraph, "organized  gang"  has  the  meaning
26             ascribed  to  it  in  Section  10  of  the  Illinois
27             Streetgang Terrorism Omnibus Prevention Act.
28                  (K)  Vehicular hijacking.
29                  (L)  A  second or subsequent conviction for the
30             offense of hate crime when  the  underlying  offense
31             upon  which  the  hate  crime  is  based  is  felony
32             aggravated assault or felony mob action.
33                  (M)  A  second or subsequent conviction for the
34             offense of institutional vandalism if the damage  to
 
                            -5-      LRB093 08194 RLC 08401 b
 1             the property exceeds $300.
 2                  (N)  A  Class  3  felony violation of paragraph
 3             (1) of subsection (a) of Section 2  of  the  Firearm
 4             Owners Identification Card Act.
 5                  (O)  A  violation  of  Section  12-6.1  of  the
 6             Criminal Code of 1961.
 7                  (P)  A  violation  of  paragraph (1), (2), (3),
 8             (4), (5),  or  (7)  of  subsection  (a)  of  Section
 9             11-20.1 of the Criminal Code of 1961.
10                  (Q)  A violation of Section 20-1.2 or 20-1.3 of
11             the Criminal Code of 1961.
12                  (R)  A   violation  of  Section  24-3A  of  the
13             Criminal Code of 1961.
14                  (S)  A violation of Section  11-501(c-1)(3)  of
15             the Illinois Vehicle Code.
16             (3)  A minimum term of imprisonment of not less than
17        5  days  or  30  days  of  community  service  as  may be
18        determined by the court shall be  imposed  for  a  second
19        violation   committed   within  5  years  of  a  previous
20        violation of Section 11-501 of the Illinois Vehicle  Code
21        or  a similar provision of a local ordinance. In the case
22        of a third or subsequent  violation  committed  within  5
23        years  of  a  previous violation of Section 11-501 of the
24        Illinois Vehicle Code or a similar provision of  a  local
25        ordinance,   a   minimum   term  of  either  10  days  of
26        imprisonment or 60 days of  community  service  shall  be
27        imposed.
28             (4)  A minimum term of imprisonment of not less than
29        10 consecutive days or 30 days of community service shall
30        be  imposed  for  a violation of paragraph (c) of Section
31        6-303 of the Illinois Vehicle Code.
32             (4.1)  A minimum term  of  30  consecutive  days  of
33        imprisonment, 40 days of 24 hour periodic imprisonment or
34        720  hours  of community service, as may be determined by
 
                            -6-      LRB093 08194 RLC 08401 b
 1        the court, shall be imposed for a  violation  of  Section
 2        11-501  of  the  Illinois Vehicle Code during a period in
 3        which the defendant's driving privileges are  revoked  or
 4        suspended,  where  the revocation or suspension was for a
 5        violation of Section 11-501 or Section 11-501.1  of  that
 6        Code.
 7             (4.2)  Except as provided in paragraph (4.3) of this
 8        subsection  (c),  a  minimum  of  100  hours of community
 9        service shall  be  imposed  for  a  second  violation  of
10        Section 6-303 of the Illinois Vehicle Code.
11             (4.3)  A  minimum term of imprisonment of 30 days or
12        300 hours of community  service,  as  determined  by  the
13        court,  shall  be  imposed  for  a  second  violation  of
14        subsection  (c)  of Section 6-303 of the Illinois Vehicle
15        Code.
16             (4.4)  Except as provided  in  paragraph  (4.5)  and
17        paragraph (4.6) of this subsection (c), a minimum term of
18        imprisonment  of  30  days  or  300  hours  of  community
19        service, as determined by the court, shall be imposed for
20        a  third  or subsequent violation of Section 6-303 of the
21        Illinois Vehicle Code.
22             (4.5)  A minimum term of  imprisonment  of  30  days
23        shall  be imposed for a third violation of subsection (c)
24        of Section 6-303 of the Illinois Vehicle Code.
25             (4.6)  A minimum term of imprisonment  of  180  days
26        shall  be imposed for a fourth or subsequent violation of
27        subsection (c) of Section 6-303 of the  Illinois  Vehicle
28        Code.
29             (5)  The court may sentence an offender convicted of
30        a business offense or a petty offense or a corporation or
31        unincorporated association convicted of any offense to:
32                  (A)  a period of conditional discharge;
33                  (B)  a fine;
34                  (C)  make   restitution  to  the  victim  under
 
                            -7-      LRB093 08194 RLC 08401 b
 1             Section 5-5-6 of this Code.
 2             (5.1)  In addition to any  penalties  imposed  under
 3        paragraph  (5)  of  this  subsection  (c),  and except as
 4        provided in paragraph (5.2) or (5.3), a person  convicted
 5        of  violating  subsection  (c)  of  Section 11-907 of the
 6        Illinois Vehicle Code shall  have  his  or  her  driver's
 7        license,  permit, or privileges suspended for at least 90
 8        days but  not  more  than  one  year,  if  the  violation
 9        resulted in damage to the property of another person.
10             (5.2)  In  addition  to  any penalties imposed under
11        paragraph (5) of  this  subsection  (c),  and  except  as
12        provided  in  paragraph  (5.3),  a  person  convicted  of
13        violating   subsection  (c)  of  Section  11-907  of  the
14        Illinois Vehicle Code shall  have  his  or  her  driver's
15        license, permit, or privileges suspended for at least 180
16        days but not more than 2 years, if the violation resulted
17        in injury to another person.
18             (5.3)  In  addition  to  any penalties imposed under
19        paragraph (5) of this subsection (c), a person  convicted
20        of  violating  subsection  (c)  of  Section 11-907 of the
21        Illinois Vehicle Code shall  have  his  or  her  driver's
22        license,  permit, or privileges suspended for 2 years, if
23        the violation resulted in the death of another person.
24             (6)  In no case shall an offender be eligible for  a
25        disposition  of  probation or conditional discharge for a
26        Class 1 felony committed while he was serving a  term  of
27        probation or conditional discharge for a felony.
28             (7)  When   a   defendant  is  adjudged  a  habitual
29        criminal under Article 33B of the Criminal Code of  1961,
30        the  court  shall  sentence  the  defendant  to a term of
31        natural life imprisonment.
32             (8)  When a defendant, over the age of 21 years,  is
33        convicted  of  a  Class 1 or Class 2 felony, after having
34        twice been convicted in any state or federal court of  an
 
                            -8-      LRB093 08194 RLC 08401 b
 1        offense that contains the same elements as an offense now
 2        classified  in  Illinois  as  a  Class 2 or greater Class
 3        felony and such charges are separately brought and  tried
 4        and arise out of different series of acts, such defendant
 5        shall  be sentenced as a Class X offender. This paragraph
 6        shall not apply unless (1) the first felony was committed
 7        after the effective date of this amendatory Act of  1977;
 8        and  (2) the second felony was committed after conviction
 9        on the first; and (3)  the  third  felony  was  committed
10        after  conviction  on the second. A person sentenced as a
11        Class X offender under this paragraph is not eligible  to
12        apply  for  treatment  as  a  condition  of  probation as
13        provided by Section 40-10 of  the  Alcoholism  and  Other
14        Drug Abuse and Dependency Act.
15             (9)  A defendant convicted of a second or subsequent
16        offense  of  ritualized abuse of a child may be sentenced
17        to a term of natural life imprisonment.
18             (10)  When  a  person  is  convicted  of   violating
19        Section  11-501 of the Illinois Vehicle Code or a similar
20        provision of a local ordinance, the  following  penalties
21        apply  when his or her blood, breath, or urine was .16 or
22        more based on the definition of blood, breath,  or  urine
23        units  in Section 11-501.2 or that person is convicted of
24        violating Section 11-501 of  the  Illinois  Vehicle  Code
25        while transporting a child under the age of 16:
26                  (A)  For a first violation of subsection (a) of
27             Section  11-501,  in  addition  to any other penalty
28             that may be imposed under subsection (c) of  Section
29             11-501:   a   mandatory  minimum  of  100  hours  of
30             community service and a minimum fine of $500.
31                  (B)  For a second violation of  subsection  (a)
32             of  Section 11-501, in addition to any other penalty
33             that may be imposed under subsection (c) of  Section
34             11-501  within  10  years:  a mandatory minimum of 2
 
                            -9-      LRB093 08194 RLC 08401 b
 1             days of imprisonment and a minimum fine of $1,250.
 2                  (C)  For a third violation of subsection (a) of
 3             Section 11-501, in addition  to  any  other  penalty
 4             that  may be imposed under subsection (c) of Section
 5             11-501 within 20 years: a mandatory  minimum  of  90
 6             days of imprisonment and a minimum fine of $2,500.
 7                  (D)  For  a  fourth  or subsequent violation of
 8             subsection (a) of Section 11-501: ineligibility  for
 9             a sentence of probation or conditional discharge and
10             a minimum fine of $2,500.
11        (d)  In  any  case in which a sentence originally imposed
12    is vacated, the case shall be remanded to  the  trial  court.
13    The  trial  court shall hold a hearing under Section 5-4-1 of
14    the Unified Code of Corrections which may include evidence of
15    the defendant's life, moral character and  occupation  during
16    the  time  since the original sentence was passed.  The trial
17    court shall then impose sentence  upon  the  defendant.   The
18    trial  court  may  impose  any sentence which could have been
19    imposed at the original trial subject to Section 5-5-4 of the
20    Unified Code of Corrections. If  a  sentence  is  vacated  on
21    appeal  or  on  collateral  attack  due to the failure of the
22    trier of fact at trial to determine beyond a reasonable doubt
23    the existence of a  fact  (other  than  a  prior  conviction)
24    necessary  to  increase the punishment for the offense beyond
25    the  statutory  maximum  otherwise  applicable,  either   the
26    defendant  may  be  re-sentenced  to  a term within the range
27    otherwise provided or, if  the  State  files  notice  of  its
28    intention  to again seek the extended sentence, the defendant
29    shall be afforded a new trial.
30        (e)  In  cases  where  prosecution  for  criminal  sexual
31    assault or aggravated criminal  sexual  abuse  under  Section
32    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
33    conviction of a defendant who was  a  family  member  of  the
34    victim  at  the  time  of  the commission of the offense, the
 
                            -10-     LRB093 08194 RLC 08401 b
 1    court shall consider the safety and welfare of the victim and
 2    may impose a sentence of probation only where:
 3             (1)  the  court  finds  (A)  or  (B)  or  both   are
 4        appropriate:
 5                  (A)  the  defendant  is  willing  to  undergo a
 6             court approved  counseling  program  for  a  minimum
 7             duration of 2 years; or
 8                  (B)  the defendant is willing to participate in
 9             a  court  approved plan including but not limited to
10             the defendant's:
11                       (i)  removal from the household;
12                       (ii)  restricted contact with the victim;
13                       (iii)  continued financial support of  the
14                  family;
15                       (iv)  restitution  for  harm  done  to the
16                  victim; and
17                       (v)  compliance with  any  other  measures
18                  that the court may deem appropriate; and
19             (2)  the  court  orders the defendant to pay for the
20        victim's counseling services,  to  the  extent  that  the
21        court finds, after considering the defendant's income and
22        assets,  that  the  defendant  is  financially capable of
23        paying for such services, if  the  victim  was  under  18
24        years  of  age  at the time the offense was committed and
25        requires counseling as a result of the offense.
26        Probation may be revoked or modified pursuant to  Section
27    5-6-4;  except where the court determines at the hearing that
28    the defendant violated a condition of his  or  her  probation
29    restricting  contact  with the victim or other family members
30    or commits another offense with the victim  or  other  family
31    members, the court shall revoke the defendant's probation and
32    impose a term of imprisonment.
33        For  the  purposes  of  this Section, "family member" and
34    "victim" shall have the meanings ascribed to them in  Section
 
                            -11-     LRB093 08194 RLC 08401 b
 1    12-12 of the Criminal Code of 1961.
 2        (f)  This  Article  shall  not  deprive  a court in other
 3    proceedings to order a forfeiture of property, to suspend  or
 4    cancel  a  license,  to  remove  a  person from office, or to
 5    impose any other civil penalty.
 6        (g)  Whenever a defendant  is  convicted  of  an  offense
 7    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
 8    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 9    12-15  or  12-16  of the Criminal Code of 1961, the defendant
10    shall  undergo  medical  testing  to  determine  whether  the
11    defendant has any sexually transmissible disease, including a
12    test for infection with human immunodeficiency virus (HIV) or
13    any   other   identified   causative   agent   of    acquired
14    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
15    shall be performed only  by  appropriately  licensed  medical
16    practitioners  and  may  include  an  analysis  of any bodily
17    fluids as well as an examination of the  defendant's  person.
18    Except as otherwise provided by law, the results of such test
19    shall  be kept strictly confidential by all medical personnel
20    involved in the testing and must be personally delivered in a
21    sealed envelope to the  judge  of  the  court  in  which  the
22    conviction  was entered for the judge's inspection in camera.
23    Acting in accordance with the best interests  of  the  victim
24    and  the  public,  the  judge  shall  have  the discretion to
25    determine to whom, if anyone, the results of the testing  may
26    be revealed. The court shall notify the defendant of the test
27    results.  The court shall also notify the victim if requested
28    by  the  victim, and if the victim is under the age of 15 and
29    if requested by the victim's parents or legal  guardian,  the
30    court  shall notify the victim's parents or legal guardian of
31    the test results.  The court shall provide information on the
32    availability of HIV testing and counseling at  Department  of
33    Public  Health  facilities to all parties to whom the results
34    of the testing are revealed  and  shall  direct  the  State's
 
                            -12-     LRB093 08194 RLC 08401 b
 1    Attorney  to  provide  the  information  to  the  victim when
 2    possible. A State's Attorney may petition the court to obtain
 3    the results of any HIV test administered under this  Section,
 4    and  the  court  shall  grant  the  disclosure if the State's
 5    Attorney shows it is relevant in order to prosecute a  charge
 6    of  criminal transmission of HIV under Section 12-16.2 of the
 7    Criminal Code of 1961 against the defendant.  The court shall
 8    order that the cost of any such test shall  be  paid  by  the
 9    county  and  may  be  taxed  as  costs  against the convicted
10    defendant.
11        (g-5)  When  an  inmate  is  tested   for   an   airborne
12    communicable   disease,   as   determined   by  the  Illinois
13    Department of Public Health  including  but  not  limited  to
14    tuberculosis,  the  results  of  the test shall be personally
15    delivered by the warden or his or her designee  in  a  sealed
16    envelope  to  the judge of the court in which the inmate must
17    appear for the judge's inspection in camera if  requested  by
18    the  judge.   Acting in accordance with the best interests of
19    those in the courtroom, the judge shall have  the  discretion
20    to  determine  what  if  any  precautions need to be taken to
21    prevent transmission of the disease in the courtroom.
22        (h)  Whenever a defendant  is  convicted  of  an  offense
23    under  Section  1 or 2 of the Hypodermic Syringes and Needles
24    Act, the defendant shall undergo medical testing to determine
25    whether   the   defendant   has   been   exposed   to   human
26    immunodeficiency  virus  (HIV)  or   any   other   identified
27    causative agent of acquired immunodeficiency syndrome (AIDS).
28    Except as otherwise provided by law, the results of such test
29    shall  be kept strictly confidential by all medical personnel
30    involved in the testing and must be personally delivered in a
31    sealed envelope to the  judge  of  the  court  in  which  the
32    conviction  was entered for the judge's inspection in camera.
33    Acting in accordance with the best interests of  the  public,
34    the  judge shall have the discretion to determine to whom, if
 
                            -13-     LRB093 08194 RLC 08401 b
 1    anyone, the results of the testing may be revealed. The court
 2    shall notify the defendant of  a  positive  test  showing  an
 3    infection  with  the  human immunodeficiency virus (HIV). The
 4    court shall provide information on the  availability  of  HIV
 5    testing   and  counseling  at  Department  of  Public  Health
 6    facilities to all parties to whom the results of the  testing
 7    are revealed and shall direct the State's Attorney to provide
 8    the  information  to  the  victim  when  possible.  A State's
 9    Attorney may petition the court to obtain the results of  any
10    HIV  test  administered  under  this   Section, and the court
11    shall grant the disclosure if the State's Attorney  shows  it
12    is  relevant  in  order  to  prosecute  a  charge of criminal
13    transmission of HIV under Section  12-16.2  of  the  Criminal
14    Code  of  1961  against  the defendant. The court shall order
15    that the cost of any such test shall be paid  by  the  county
16    and may be taxed as costs against the convicted defendant.
17        (i)  All  fines  and penalties imposed under this Section
18    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
19    Vehicle Code, or a similar provision of  a  local  ordinance,
20    and any violation of the Child Passenger Protection Act, or a
21    similar  provision  of  a local ordinance, shall be collected
22    and disbursed by the circuit clerk as provided under  Section
23    27.5 of the Clerks of Courts Act.
24        (j)  In  cases  when  prosecution  for  any  violation of
25    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
26    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
27    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
28    12-16  of  the  Criminal  Code  of 1961, any violation of the
29    Illinois Controlled Substances Act, or any violation  of  the
30    Cannabis  Control Act results in conviction, a disposition of
31    court supervision, or an order  of  probation  granted  under
32    Section  10 of the Cannabis Control Act or Section 410 of the
33    Illinois Controlled Substance Act of a defendant,  the  court
34    shall  determine  whether  the  defendant  is  employed  by a
 
                            -14-     LRB093 08194 RLC 08401 b
 1    facility or center as defined under the  Child  Care  Act  of
 2    1969,  a public or private elementary or secondary school, or
 3    otherwise works with children under 18  years  of  age  on  a
 4    daily  basis.   When  a  defendant  is so employed, the court
 5    shall order the Clerk of the Court to  send  a  copy  of  the
 6    judgment  of  conviction or order of supervision or probation
 7    to  the  defendant's  employer  by  certified  mail.  If  the
 8    employer of the defendant is a school, the Clerk of the Court
 9    shall direct the  mailing  of  a  copy  of  the  judgment  of
10    conviction  or  order  of  supervision  or  probation  to the
11    appropriate regional superintendent of schools.  The regional
12    superintendent of schools shall notify  the  State  Board  of
13    Education of any notification under this subsection.
14        (j-5)  A  defendant  at  least  17  years  of  age who is
15    convicted of  a  felony  and  who  has  not  been  previously
16    convicted  of a misdemeanor or felony and who is sentenced to
17    a  term  of  imprisonment  in  the  Illinois  Department   of
18    Corrections  shall  as  a condition of his or her sentence be
19    required by the court to attend educational courses  designed
20    to  prepare  the  defendant  for a high school diploma and to
21    work toward a high school diploma or to work  toward  passing
22    the high school level Test of General Educational Development
23    (GED)  or  to  work  toward  completing a vocational training
24    program offered by  the  Department  of  Corrections.   If  a
25    defendant fails to complete the educational training required
26    by  his or her sentence during the term of incarceration, the
27    Prisoner Review Board shall,  as  a  condition  of  mandatory
28    supervised  release, require the defendant, at his or her own
29    expense, to pursue a course of study  toward  a  high  school
30    diploma  or  passage  of  the  GED test.  The Prisoner Review
31    Board shall revoke the  mandatory  supervised  release  of  a
32    defendant  who  wilfully fails to comply with this subsection
33    (j-5) upon his or her release from  confinement  in  a  penal
34    institution  while  serving  a  mandatory  supervised release
 
                            -15-     LRB093 08194 RLC 08401 b
 1    term; however, the inability of the defendant after making  a
 2    good  faith  effort  to  obtain  financial aid or pay for the
 3    educational training shall not be deemed a wilful failure  to
 4    comply.    The  Prisoner  Review  Board  shall  recommit  the
 5    defendant whose mandatory supervised release  term  has  been
 6    revoked  under  this  subsection (j-5) as provided in Section
 7    3-3-9.  This subsection (j-5) does not apply to  a  defendant
 8    who  has a high school diploma or has successfully passed the
 9    GED test. This subsection (j-5) does not apply to a defendant
10    who is determined by the court to be developmentally disabled
11    or otherwise mentally incapable of completing the educational
12    or vocational program.
13        (k)  A court may not impose a sentence or disposition for
14    a felony or misdemeanor that requires  the  defendant  to  be
15    implanted  or  injected  with  or  to  use  any form of birth
16    control.
17        (l) (A)  Except  as  provided   in   paragraph   (C)   of
18        subsection  (l), whenever a defendant, who is an alien as
19        defined  by  the  Immigration  and  Nationality  Act,  is
20        convicted of any felony or misdemeanor offense, the court
21        after sentencing the defendant may, upon  motion  of  the
22        State's  Attorney,  hold  sentence in abeyance and remand
23        the defendant to the custody of the Attorney  General  of
24        the  United  States  or his or her designated agent to be
25        deported when:
26                  (1)  a final  order  of  deportation  has  been
27             issued against the defendant pursuant to proceedings
28             under the Immigration and Nationality Act, and
29                  (2)  the deportation of the defendant would not
30             deprecate the seriousness of the defendant's conduct
31             and  would  not  be  inconsistent  with  the ends of
32             justice.
33             Otherwise,  the  defendant  shall  be  sentenced  as
34        provided in this Chapter V.
 
                            -16-     LRB093 08194 RLC 08401 b
 1             (B)  If the defendant has already been sentenced for
 2        a felony or misdemeanor offense, or has  been  placed  on
 3        probation under Section 10 of the Cannabis Control Act or
 4        Section  410  of  the Illinois Controlled Substances Act,
 5        the court may, upon motion of  the  State's  Attorney  to
 6        suspend the sentence imposed, commit the defendant to the
 7        custody  of  the Attorney General of the United States or
 8        his or her designated agent when:
 9                  (1)  a final  order  of  deportation  has  been
10             issued against the defendant pursuant to proceedings
11             under the Immigration and Nationality Act, and
12                  (2)  the deportation of the defendant would not
13             deprecate the seriousness of the defendant's conduct
14             and  would  not  be  inconsistent  with  the ends of
15             justice.
16             (C)  This subsection (l) does not apply to offenders
17        who are subject to the provisions  of  paragraph  (2)  of
18        subsection (a) of Section 3-6-3.
19             (D)  Upon  motion  of  the  State's  Attorney,  if a
20        defendant sentenced under this  Section  returns  to  the
21        jurisdiction of the United States, the defendant shall be
22        recommitted to the custody of the county from which he or
23        she  was  sentenced.  Thereafter,  the defendant shall be
24        brought before the sentencing court, which may impose any
25        sentence that was available under Section  5-5-3  at  the
26        time  of  initial sentencing.  In addition, the defendant
27        shall not be eligible for additional good conduct  credit
28        for meritorious service as provided under Section 3-6-6.
29        (m)  A   person   convicted  of  criminal  defacement  of
30    property under Section 21-1.3 of the Criminal Code  of  1961,
31    in  which  the  property damage exceeds $300 and the property
32    damaged is a school building, shall  be  ordered  to  perform
33    community  service  that  may  include  cleanup,  removal, or
34    painting over the defacement.
 
                            -17-     LRB093 08194 RLC 08401 b
 1    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
 2    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
 3    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
 4    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
 5    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
 6    7-19-02.)

 7        (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
 8        Sec. 5-8-1.1. Impact incarceration.
 9        (a)  The  Department  may establish and operate an impact
10    incarceration program for eligible offenders.  If  the  court
11    finds  under  Section  5-4-1  that an offender sentenced to a
12    term of imprisonment for a felony may  meet  the  eligibility
13    requirements   of  the  Department,  the  court  may  in  its
14    sentencing order approve the offender for  placement  in  the
15    impact  incarceration program conditioned upon his acceptance
16    in the  program  by  the  Department.    Notwithstanding  the
17    sentencing provisions of this Code, the sentencing order also
18    shall  provide that if the Department accepts the offender in
19    the program and determines that the offender has successfully
20    completed the  impact  incarceration  program,  the  sentence
21    shall be reduced to time considered served upon certification
22    to  the  court  by  the  Department  that  the  offender  has
23    successfully   completed  the  program.   In  the  event  the
24    offender  is  not  accepted  for  placement  in  the   impact
25    incarceration  program  or the offender does not successfully
26    complete the program, his term of imprisonment  shall  be  as
27    set forth by the court in its sentencing order.
28        (b)  In order to be eligible to participate in the impact
29    incarceration program, the committed person shall meet all of
30    the following requirements:
31             (1)  The  person  must  be not less than 17 years of
32        age nor more than 35 years of age.
33             (2)  The person has not previously  participated  in
 
                            -18-     LRB093 08194 RLC 08401 b
 1        the  impact  incarceration program and has not previously
 2        served more than one prior sentence of imprisonment for a
 3        felony in an adult correctional facility.
 4             (3)  The person has not been convicted of a Class  X
 5        felony,  first  or  second degree murder, armed violence,
 6        aggravated   kidnapping,   criminal    sexual    assault,
 7        aggravated   criminal   sexual   abuse  or  a  subsequent
 8        conviction for criminal sexual abuse, forcible detention,
 9        residential arson, place of worship arson, or  arson  and
10        has  not  been  convicted  previously  of  any  of  those
11        offenses.
12             (4)  The  person  has  been  sentenced  to a term of
13        imprisonment of 8 years or less.
14             (5)  The  person  must   be   physically   able   to
15        participate in strenuous physical activities or labor.
16             (6)  The person must not have any mental disorder or
17        disability that would prevent participation in the impact
18        incarceration program.
19             (7)  The   person   has   consented  in  writing  to
20        participation in the impact incarceration program and  to
21        the terms and conditions thereof.
22             (8)  The  person  was  recommended  and approved for
23        placement in the  impact  incarceration  program  in  the
24        court's sentencing order.
25        The  Department  may  also consider, among other matters,
26    whether the committed person has any outstanding detainers or
27    warrants, whether the  committed  person  has  a  history  of
28    escaping  or  absconding, whether participation in the impact
29    incarceration program may  pose  a  risk  to  the  safety  or
30    security of any person and whether space is available.
31        (c)  The  impact  incarceration  program  shall  include,
32    among  other  matters, mandatory physical training and labor,
33    military  formation  and   drills,   regimented   activities,
34    uniformity of dress and appearance, education and counseling,
 
                            -19-     LRB093 08194 RLC 08401 b
 1    including drug counseling where appropriate.
 2        (d)  Privileges including visitation, commissary, receipt
 3    and  retention  of  property  and  publications and access to
 4    television,  radio  and  a  library  may  be   suspended   or
 5    restricted,  notwithstanding  provisions  to  the contrary in
 6    this Code.
 7        (e)  Committed  persons  participating  in   the   impact
 8    incarceration  program  shall  adhere to all Department rules
 9    and all requirements of the program. Committed persons  shall
10    be  informed  of  rules of behavior and conduct. Disciplinary
11    procedures required by this Code or by  Department  rule  are
12    not  applicable  except  in  those  instances  in  which  the
13    Department seeks to revoke good time.
14        (f)  Participation  in  the  impact incarceration program
15    shall be for a period of 120 to 180 days.  The period of time
16    a committed person shall serve in  the  impact  incarceration
17    program  shall  not  be  reduced  by the accumulation of good
18    time.
19        (g)  The committed person shall serve a term of mandatory
20    supervised release as set forth in subsection (d) of  Section
21    5-8-1.
22        (h)  A  committed  person may be removed from the program
23    for a violation of the terms or conditions of the program  or
24    in the event he is for any reason unable to participate.  The
25    Department  shall  promulgate rules and regulations governing
26    conduct which could result in removal from the program or  in
27    a   determination   that   the   committed   person  has  not
28    successfully completed the program.  Committed persons  shall
29    have  access  to  such  rules,  which  shall  provide  that a
30    committed  person  shall  receive   notice   and   have   the
31    opportunity  to appear before and address one or more hearing
32    officers.  A committed person may be transferred  to  any  of
33    the Department's facilities prior to the hearing.
34        (i)  The    Department    may    terminate   the   impact
 
                            -20-     LRB093 08194 RLC 08401 b
 1    incarceration program at any time.
 2        (j)  The Department shall report to the Governor and  the
 3    General  Assembly on or before September 30th of each year on
 4    the impact incarceration program, including  the  composition
 5    of  the  program  by  the offenders, by county of commitment,
 6    sentence, age, offense and race.
 7        (k)  The Department of  Corrections  shall  consider  the
 8    affirmative  action  plan approved by the Department of Human
 9    Rights  in  hiring  staff   at   the   impact   incarceration
10    facilities.   The  Department shall report to the Director of
11    Human Rights on or before April 1 of the  year  on  the  sex,
12    race  and  national origin of persons employed at each impact
13    incarceration facility.
14    (Source: P.A. 88-311; 88-674, eff. 12-14-94.)