Rep. Jehan Gordon-Booth

Filed: 1/5/2017

 

 


 

 


 
09900SB2872ham001LRB099 19925 RLC 52189 a

1
AMENDMENT TO SENATE BILL 2872

2    AMENDMENT NO. ______. Amend Senate Bill 2872 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Criminal Justice Information Act
5is amended by changing Section 7 as follows:
 
6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
7    Sec. 7. Powers and Duties. The Authority shall have the
8following powers, duties and responsibilities:
9        (a) To develop and operate comprehensive information
10    systems for the improvement and coordination of all aspects
11    of law enforcement, prosecution and corrections;
12        (b) To define, develop, evaluate and correlate State
13    and local programs and projects associated with the
14    improvement of law enforcement and the administration of
15    criminal justice;
16        (c) To act as a central repository and clearing house

 

 

09900SB2872ham001- 2 -LRB099 19925 RLC 52189 a

1    for federal, state and local research studies, plans,
2    projects, proposals and other information relating to all
3    aspects of criminal justice system improvement and to
4    encourage educational programs for citizen support of
5    State and local efforts to make such improvements;
6        (d) To undertake research studies to aid in
7    accomplishing its purposes;
8        (e) To monitor the operation of existing criminal
9    justice information systems in order to protect the
10    constitutional rights and privacy of individuals about
11    whom criminal history record information has been
12    collected;
13        (f) To provide an effective administrative forum for
14    the protection of the rights of individuals concerning
15    criminal history record information;
16        (g) To issue regulations, guidelines and procedures
17    which ensure the privacy and security of criminal history
18    record information consistent with State and federal laws;
19        (h) To act as the sole administrative appeal body in
20    the State of Illinois to conduct hearings and make final
21    determinations concerning individual challenges to the
22    completeness and accuracy of criminal history record
23    information;
24        (i) To act as the sole, official, criminal justice body
25    in the State of Illinois to conduct annual and periodic
26    audits of the procedures, policies, and practices of the

 

 

09900SB2872ham001- 3 -LRB099 19925 RLC 52189 a

1    State central repositories for criminal history record
2    information to verify compliance with federal and state
3    laws and regulations governing such information;
4        (j) To advise the Authority's Statistical Analysis
5    Center;
6        (k) To apply for, receive, establish priorities for,
7    allocate, disburse and spend grants of funds that are made
8    available by and received on or after January 1, 1983 from
9    private sources or from the United States pursuant to the
10    federal Crime Control Act of 1973, as amended, and similar
11    federal legislation, and to enter into agreements with the
12    United States government to further the purposes of this
13    Act, or as may be required as a condition of obtaining
14    federal funds;
15        (l) To receive, expend and account for such funds of
16    the State of Illinois as may be made available to further
17    the purposes of this Act;
18        (m) To enter into contracts and to cooperate with units
19    of general local government or combinations of such units,
20    State agencies, and criminal justice system agencies of
21    other states for the purpose of carrying out the duties of
22    the Authority imposed by this Act or by the federal Crime
23    Control Act of 1973, as amended;
24        (n) To enter into contracts and cooperate with units of
25    general local government outside of Illinois, other
26    states' agencies, and private organizations outside of

 

 

09900SB2872ham001- 4 -LRB099 19925 RLC 52189 a

1    Illinois to provide computer software or design that has
2    been developed for the Illinois criminal justice system, or
3    to participate in the cooperative development or design of
4    new software or systems to be used by the Illinois criminal
5    justice system. Revenues received as a result of such
6    arrangements shall be deposited in the Criminal Justice
7    Information Systems Trust Fund; .
8        (o) To establish general policies concerning criminal
9    justice information systems and to promulgate such rules,
10    regulations and procedures as are necessary to the
11    operation of the Authority and to the uniform consideration
12    of appeals and audits;
13        (p) To advise and to make recommendations to the
14    Governor and the General Assembly on policies relating to
15    criminal justice information systems;
16        (q) To direct all other agencies under the jurisdiction
17    of the Governor to provide whatever assistance and
18    information the Authority may lawfully require to carry out
19    its functions;
20        (r) To exercise any other powers that are reasonable
21    and necessary to fulfill the responsibilities of the
22    Authority under this Act and to comply with the
23    requirements of applicable federal law or regulation;
24        (s) To exercise the rights, powers and duties which
25    have been vested in the Authority by the "Illinois Uniform
26    Conviction Information Act", enacted by the 85th General

 

 

09900SB2872ham001- 5 -LRB099 19925 RLC 52189 a

1    Assembly, as hereafter amended;
2        (t) To exercise the rights, powers and duties which
3    have been vested in the Authority by the Illinois Motor
4    Vehicle Theft Prevention Act;
5        (u) To exercise the rights, powers, and duties vested
6    in the Authority by the Illinois Public Safety Agency
7    Network Act; and
8        (v) To provide technical assistance in the form of
9    training to local governmental entities within Illinois
10    requesting such assistance for the purposes of procuring
11    grants for gang intervention and gang prevention programs
12    or other criminal justice programs from the United States
13    Department of Justice; and .
14        (w) To conduct strategic planning and provide
15    technical assistance to implement comprehensive trauma
16    recovery services for violent crime victims in underserved
17    communities with high-levels of violent crime, with the
18    goal of providing a safe, community-based, culturally
19    competent environment in which to access services
20    necessary to facilitate recovery from the effects of
21    chronic and repeat exposure to trauma. Services may
22    include, but are not limited to, behavioral health
23    treatment, financial recovery, family support and
24    relocation assistance, and support in navigating the legal
25    system.
26    The requirement for reporting to the General Assembly shall

 

 

09900SB2872ham001- 6 -LRB099 19925 RLC 52189 a

1be satisfied by filing copies of the report with the Speaker,
2the Minority Leader and the Clerk of the House of
3Representatives and the President, the Minority Leader and the
4Secretary of the Senate and the Legislative Research Unit, as
5required by Section 3.1 of "An Act to revise the law in
6relation to the General Assembly", approved February 25, 1874,
7as amended, and filing such additional copies with the State
8Government Report Distribution Center for the General Assembly
9as is required under paragraph (t) of Section 7 of the State
10Library Act.
11(Source: P.A. 97-435, eff. 1-1-12.)
 
12    Section 10. The Unified Code of Corrections is amended by
13changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
 
14    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
15    Sec. 3-6-3. Rules and regulations for sentence credit.
16    (a)(1) The Department of Corrections shall prescribe rules
17and regulations for awarding and revoking sentence credit for
18persons committed to the Department which shall be subject to
19review by the Prisoner Review Board.
20    (1.5) As otherwise provided by law, sentence credit may be
21awarded for the following:
22        (A) successful completion of programming while in
23    custody of the Department or while in custody prior to
24    sentencing;

 

 

09900SB2872ham001- 7 -LRB099 19925 RLC 52189 a

1        (B) compliance with the rules and regulations of the
2    Department; or
3        (C) service to the institution, service to a community,
4    or service to the State.
5    (2) The rules and regulations on sentence credit shall
6provide, with respect to offenses listed in clause (i), (ii),
7or (iii) of this paragraph (2) committed on or after June 19,
81998 or with respect to the offense listed in clause (iv) of
9this paragraph (2) committed on or after June 23, 2005 (the
10effective date of Public Act 94-71) or with respect to offense
11listed in clause (vi) committed on or after June 1, 2008 (the
12effective date of Public Act 95-625) or with respect to the
13offense of being an armed habitual criminal committed on or
14after August 2, 2005 (the effective date of Public Act 94-398)
15or with respect to the offenses listed in clause (v) of this
16paragraph (2) committed on or after August 13, 2007 (the
17effective date of Public Act 95-134) or with respect to the
18offense of aggravated domestic battery committed on or after
19July 23, 2010 (the effective date of Public Act 96-1224) or
20with respect to the offense of attempt to commit terrorism
21committed on or after January 1, 2013 (the effective date of
22Public Act 97-990), the following:
23        (i) that a prisoner who is serving a term of
24    imprisonment for first degree murder or for the offense of
25    terrorism shall receive no sentence credit and shall serve
26    the entire sentence imposed by the court;

 

 

09900SB2872ham001- 8 -LRB099 19925 RLC 52189 a

1        (ii) that a prisoner serving a sentence for attempt to
2    commit terrorism, attempt to commit first degree murder,
3    solicitation of murder, solicitation of murder for hire,
4    intentional homicide of an unborn child, predatory
5    criminal sexual assault of a child, aggravated criminal
6    sexual assault, criminal sexual assault, aggravated
7    kidnapping, aggravated battery with a firearm as described
8    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
9    (e)(4) of Section 12-3.05, heinous battery as described in
10    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
11    being an armed habitual criminal, aggravated battery of a
12    senior citizen as described in Section 12-4.6 or
13    subdivision (a)(4) of Section 12-3.05, or aggravated
14    battery of a child as described in Section 12-4.3 or
15    subdivision (b)(1) of Section 12-3.05 shall receive no more
16    than 4.5 days of sentence credit for each month of his or
17    her sentence of imprisonment;
18        (iii) that a prisoner serving a sentence for home
19    invasion, armed robbery, aggravated vehicular hijacking,
20    aggravated discharge of a firearm, or armed violence with a
21    category I weapon or category II weapon, when the court has
22    made and entered a finding, pursuant to subsection (c-1) of
23    Section 5-4-1 of this Code, that the conduct leading to
24    conviction for the enumerated offense resulted in great
25    bodily harm to a victim, shall receive no more than 4.5
26    days of sentence credit for each month of his or her

 

 

09900SB2872ham001- 9 -LRB099 19925 RLC 52189 a

1    sentence of imprisonment;
2        (iv) that a prisoner serving a sentence for aggravated
3    discharge of a firearm, whether or not the conduct leading
4    to conviction for the offense resulted in great bodily harm
5    to the victim, shall receive no more than 4.5 days of
6    sentence credit for each month of his or her sentence of
7    imprisonment;
8        (v) that a person serving a sentence for gunrunning,
9    narcotics racketeering, controlled substance trafficking,
10    methamphetamine trafficking, drug-induced homicide,
11    aggravated methamphetamine-related child endangerment,
12    money laundering pursuant to clause (c) (4) or (5) of
13    Section 29B-1 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, or a Class X felony conviction for delivery
15    of a controlled substance, possession of a controlled
16    substance with intent to manufacture or deliver,
17    calculated criminal drug conspiracy, criminal drug
18    conspiracy, street gang criminal drug conspiracy,
19    participation in methamphetamine manufacturing, aggravated
20    participation in methamphetamine manufacturing, delivery
21    of methamphetamine, possession with intent to deliver
22    methamphetamine, aggravated delivery of methamphetamine,
23    aggravated possession with intent to deliver
24    methamphetamine, methamphetamine conspiracy when the
25    substance containing the controlled substance or
26    methamphetamine is 100 grams or more shall receive no more

 

 

09900SB2872ham001- 10 -LRB099 19925 RLC 52189 a

1    than 7.5 days sentence credit for each month of his or her
2    sentence of imprisonment;
3        (vi) that a prisoner serving a sentence for a second or
4    subsequent offense of luring a minor shall receive no more
5    than 4.5 days of sentence credit for each month of his or
6    her sentence of imprisonment; and
7        (vii) that a prisoner serving a sentence for aggravated
8    domestic battery shall receive no more than 4.5 days of
9    sentence credit for each month of his or her sentence of
10    imprisonment.
11    (2.1) For all offenses, other than those enumerated in
12subdivision (a)(2)(i), (ii), or (iii) committed on or after
13June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14June 23, 2005 (the effective date of Public Act 94-71) or
15subdivision (a)(2)(v) committed on or after August 13, 2007
16(the effective date of Public Act 95-134) or subdivision
17(a)(2)(vi) committed on or after June 1, 2008 (the effective
18date of Public Act 95-625) or subdivision (a)(2)(vii) committed
19on or after July 23, 2010 (the effective date of Public Act
2096-1224), and other than the offense of aggravated driving
21under the influence of alcohol, other drug or drugs, or
22intoxicating compound or compounds, or any combination thereof
23as defined in subparagraph (F) of paragraph (1) of subsection
24(d) of Section 11-501 of the Illinois Vehicle Code, and other
25than the offense of aggravated driving under the influence of
26alcohol, other drug or drugs, or intoxicating compound or

 

 

09900SB2872ham001- 11 -LRB099 19925 RLC 52189 a

1compounds, or any combination thereof as defined in
2subparagraph (C) of paragraph (1) of subsection (d) of Section
311-501 of the Illinois Vehicle Code committed on or after
4January 1, 2011 (the effective date of Public Act 96-1230), the
5rules and regulations shall provide that a prisoner who is
6serving a term of imprisonment shall receive one day of
7sentence credit for each day of his or her sentence of
8imprisonment or recommitment under Section 3-3-9. Each day of
9sentence credit shall reduce by one day the prisoner's period
10of imprisonment or recommitment under Section 3-3-9.
11    (2.2) A prisoner serving a term of natural life
12imprisonment or a prisoner who has been sentenced to death
13shall receive no sentence credit.
14    (2.3) The rules and regulations on sentence credit shall
15provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of paragraph
19(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
20Code, shall receive no more than 4.5 days of sentence credit
21for each month of his or her sentence of imprisonment.
22    (2.4) The rules and regulations on sentence credit shall
23provide with respect to the offenses of aggravated battery with
24a machine gun or a firearm equipped with any device or
25attachment designed or used for silencing the report of a
26firearm or aggravated discharge of a machine gun or a firearm

 

 

09900SB2872ham001- 12 -LRB099 19925 RLC 52189 a

1equipped with any device or attachment designed or used for
2silencing the report of a firearm, committed on or after July
315, 1999 (the effective date of Public Act 91-121), that a
4prisoner serving a sentence for any of these offenses shall
5receive no more than 4.5 days of sentence credit for each month
6of his or her sentence of imprisonment.
7    (2.5) The rules and regulations on sentence credit shall
8provide that a prisoner who is serving a sentence for
9aggravated arson committed on or after July 27, 2001 (the
10effective date of Public Act 92-176) shall receive no more than
114.5 days of sentence credit for each month of his or her
12sentence of imprisonment.
13    (2.6) The rules and regulations on sentence credit shall
14provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds or any
17combination thereof as defined in subparagraph (C) of paragraph
18(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
19Code committed on or after January 1, 2011 (the effective date
20of Public Act 96-1230) shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (3) The rules and regulations shall also provide that the
24Director may award up to 180 days of earned additional sentence
25credit for good conduct in specific instances as the Director
26deems proper. The good conduct may include, but is not limited

 

 

09900SB2872ham001- 13 -LRB099 19925 RLC 52189 a

1to, compliance with the rules and regulations of the
2Department, service to the Department, service to a community,
3or service to the State. However, the Director shall not award
4more than 90 days of sentence credit for good conduct to any
5prisoner who is serving a sentence for conviction of first
6degree murder, reckless homicide while under the influence of
7alcohol or any other drug, or aggravated driving under the
8influence of alcohol, other drug or drugs, or intoxicating
9compound or compounds, or any combination thereof as defined in
10subparagraph (F) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code, aggravated kidnapping,
12kidnapping, predatory criminal sexual assault of a child,
13aggravated criminal sexual assault, criminal sexual assault,
14deviate sexual assault, aggravated criminal sexual abuse,
15aggravated indecent liberties with a child, indecent liberties
16with a child, child pornography, heinous battery as described
17in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
18aggravated battery of a spouse, aggravated battery of a spouse
19with a firearm, stalking, aggravated stalking, aggravated
20battery of a child as described in Section 12-4.3 or
21subdivision (b)(1) of Section 12-3.05, endangering the life or
22health of a child, or cruelty to a child. Notwithstanding the
23foregoing, sentence credit for good conduct shall not be
24awarded on a sentence of imprisonment imposed for conviction
25of: (i) one of the offenses enumerated in subdivision
26(a)(2)(i), (ii), or (iii) when the offense is committed on or

 

 

09900SB2872ham001- 14 -LRB099 19925 RLC 52189 a

1after June 19, 1998 or subdivision (a)(2)(iv) when the offense
2is committed on or after June 23, 2005 (the effective date of
3Public Act 94-71) or subdivision (a)(2)(v) when the offense is
4committed on or after August 13, 2007 (the effective date of
5Public Act 95-134) or subdivision (a)(2)(vi) when the offense
6is committed on or after June 1, 2008 (the effective date of
7Public Act 95-625) or subdivision (a)(2)(vii) when the offense
8is committed on or after July 23, 2010 (the effective date of
9Public Act 96-1224), (ii) aggravated driving under the
10influence of alcohol, other drug or drugs, or intoxicating
11compound or compounds, or any combination thereof as defined in
12subparagraph (F) of paragraph (1) of subsection (d) of Section
1311-501 of the Illinois Vehicle Code, (iii) one of the offenses
14enumerated in subdivision (a)(2.4) when the offense is
15committed on or after July 15, 1999 (the effective date of
16Public Act 91-121), (iv) aggravated arson when the offense is
17committed on or after July 27, 2001 (the effective date of
18Public Act 92-176), (v) offenses that may subject the offender
19to commitment under the Sexually Violent Persons Commitment
20Act, or (vi) aggravated driving under the influence of alcohol,
21other drug or drugs, or intoxicating compound or compounds or
22any combination thereof as defined in subparagraph (C) of
23paragraph (1) of subsection (d) of Section 11-501 of the
24Illinois Vehicle Code committed on or after January 1, 2011
25(the effective date of Public Act 96-1230).
26    Eligible inmates for an award of earned sentence credit

 

 

09900SB2872ham001- 15 -LRB099 19925 RLC 52189 a

1under this paragraph (3) may be selected to receive the credit
2at the Director's or his or her designee's sole discretion.
3Eligibility for the additional earned sentence credit under
4this paragraph (3) shall be based on, but is not limited to,
5the results of any available risk/needs assessment or other
6relevant assessments or evaluations administered by the
7Department using a validated instrument, the circumstances of
8the crime, any history of conviction for a forcible felony
9enumerated in Section 2-8 of the Criminal Code of 2012, the
10inmate's behavior and disciplinary history while incarcerated,
11and the inmate's commitment to rehabilitation, including
12participation in programming offered by the Department.
13Consideration may be based on, but not limited to, any
14available risk assessment analysis on the inmate, any history
15of conviction for violent crimes as defined by the Rights of
16Crime Victims and Witnesses Act, facts and circumstances of the
17inmate's holding offense or offenses, and the potential for
18rehabilitation.
19    The Director shall not award sentence credit under this
20paragraph (3) to an inmate unless the inmate has served a
21minimum of 60 days of the sentence; except nothing in this
22paragraph shall be construed to permit the Director to extend
23an inmate's sentence beyond that which was imposed by the
24court. Prior to awarding credit under this paragraph (3), the
25Director shall make a written determination that the inmate:
26        (A) is eligible for the earned sentence credit;

 

 

09900SB2872ham001- 16 -LRB099 19925 RLC 52189 a

1        (B) has served a minimum of 60 days, or as close to 60
2    days as the sentence will allow; and
3        (B-1) has received a risk/needs assessment or other
4    relevant evaluation or assessment administered by the
5    Department using a validated instrument; and
6        (C) has met the eligibility criteria established by
7    rule for earned sentence credit.
8    The Director shall determine the form and content of the
9written determination required in this subsection.
10    (3.5) The Department shall provide annual written reports
11to the Governor and the General Assembly on the award of earned
12sentence credit no later than February 1 of each year for good
13conduct, with the first report due January 1, 2014. The
14Department must publish both reports on its website within 48
15hours of transmitting the reports to the Governor and the
16General Assembly. The reports must include:
17        (A) the number of inmates awarded earned sentence
18    credit for good conduct;
19        (B) the average amount of earned sentence credit for
20    good conduct awarded;
21        (C) the holding offenses of inmates awarded earned
22    sentence credit for good conduct; and
23        (D) the number of earned sentence credit for good
24    conduct revocations.
25    (4) The rules and regulations shall also provide that the
26sentence credit accumulated and retained under paragraph (2.1)

 

 

09900SB2872ham001- 17 -LRB099 19925 RLC 52189 a

1of subsection (a) of this Section by any inmate during specific
2periods of time in which such inmate is engaged full-time in
3substance abuse programs, correctional industry assignments,
4educational programs, behavior modification programs, life
5skills courses, or re-entry planning provided by the Department
6under this paragraph (4) and satisfactorily completes the
7assigned program as determined by the standards of the
8Department, shall be multiplied by a factor of 1.25 for program
9participation before August 11, 1993 and 1.50 for program
10participation on or after that date. The rules and regulations
11shall also provide that sentence credit, subject to the same
12offense limits and multiplier provided in this paragraph, may
13be provided to an inmate who was held in pre-trial detention
14prior to his or her current commitment to the Department of
15Corrections and successfully completed a full-time, 60-day or
16longer substance abuse program, educational program, behavior
17modification program, life skills course, or re-entry planning
18provided by the county department of corrections or county
19jail. Calculation of this county program credit shall be done
20at sentencing as provided in Section 5-4.5-100 of this Code and
21shall be included in the sentencing order. However, no inmate
22shall be eligible for the additional sentence credit under this
23paragraph (4) or (4.1) of this subsection (a) while assigned to
24a boot camp or electronic detention, or if convicted of an
25offense under Article 11 or Section 12-13, 12-14, 12-14.1,
2612-15, or 12-16 of the Criminal Code of 1961 or the Criminal

 

 

09900SB2872ham001- 18 -LRB099 19925 RLC 52189 a

1Code of 2012, or if convicted of an offense enumerated in
2subdivision (a)(2)(i), (ii), or (iii) of this Section that is
3committed on or after June 19, 1998 or subdivision (a)(2)(iv)
4of this Section that is committed on or after June 23, 2005
5(the effective date of Public Act 94-71) or subdivision
6(a)(2)(v) of this Section that is committed on or after August
713, 2007 (the effective date of Public Act 95-134) or
8subdivision (a)(2)(vi) when the offense is committed on or
9after June 1, 2008 (the effective date of Public Act 95-625) or
10subdivision (a)(2)(vii) when the offense is committed on or
11after July 23, 2010 (the effective date of Public Act 96-1224),
12or if convicted of aggravated driving under the influence of
13alcohol, other drug or drugs, or intoxicating compound or
14compounds or any combination thereof as defined in subparagraph
15(F) of paragraph (1) of subsection (d) of Section 11-501 of the
16Illinois Vehicle Code, or if convicted of aggravated driving
17under the influence of alcohol, other drug or drugs, or
18intoxicating compound or compounds or any combination thereof
19as defined in subparagraph (C) of paragraph (1) of subsection
20(d) of Section 11-501 of the Illinois Vehicle Code committed on
21or after January 1, 2011 (the effective date of Public Act
2296-1230), or if convicted of an offense enumerated in paragraph
23(a)(2.4) of this Section that is committed on or after July 15,
241999 (the effective date of Public Act 91-121), or first degree
25murder, a Class X felony, criminal sexual assault, felony
26criminal sexual abuse, aggravated criminal sexual abuse,

 

 

09900SB2872ham001- 19 -LRB099 19925 RLC 52189 a

1aggravated battery with a firearm as described in Section
212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
3Section 12-3.05, or any predecessor or successor offenses with
4the same or substantially the same elements, or any inchoate
5offenses relating to the foregoing offenses. No inmate shall be
6eligible for the additional good conduct credit under this
7paragraph (4) who (i) has previously received increased good
8conduct credit under this paragraph (4) and has subsequently
9been convicted of a felony, or (ii) has previously served more
10than one prior sentence of imprisonment for a felony in an
11adult correctional facility.
12    Educational, vocational, substance abuse, behavior
13modification programs, life skills courses, re-entry planning,
14and correctional industry programs under which sentence credit
15may be increased under this paragraph (4) and paragraph (4.1)
16of this subsection (a) shall be evaluated by the Department on
17the basis of documented standards. The Department shall report
18the results of these evaluations to the Governor and the
19General Assembly by September 30th of each year. The reports
20shall include data relating to the recidivism rate among
21program participants.
22    Availability of these programs shall be subject to the
23limits of fiscal resources appropriated by the General Assembly
24for these purposes. Eligible inmates who are denied immediate
25admission shall be placed on a waiting list under criteria
26established by the Department. The inability of any inmate to

 

 

09900SB2872ham001- 20 -LRB099 19925 RLC 52189 a

1become engaged in any such programs by reason of insufficient
2program resources or for any other reason established under the
3rules and regulations of the Department shall not be deemed a
4cause of action under which the Department or any employee or
5agent of the Department shall be liable for damages to the
6inmate.
7    (4.1) The rules and regulations shall also provide that an
8additional 90 days of sentence credit shall be awarded to any
9prisoner who passes high school equivalency testing while the
10prisoner is committed to the Department of Corrections. The
11sentence credit awarded under this paragraph (4.1) shall be in
12addition to, and shall not affect, the award of sentence credit
13under any other paragraph of this Section, but shall also be
14pursuant to the guidelines and restrictions set forth in
15paragraph (4) of subsection (a) of this Section. The sentence
16credit provided for in this paragraph shall be available only
17to those prisoners who have not previously earned a high school
18diploma or a high school equivalency certificate. If, after an
19award of the high school equivalency testing sentence credit
20has been made, the Department determines that the prisoner was
21not eligible, then the award shall be revoked. The Department
22may also award 90 days of sentence credit to any committed
23person who passed high school equivalency testing while he or
24she was held in pre-trial detention prior to the current
25commitment to the Department of Corrections.
26    (4.5) The rules and regulations on sentence credit shall

 

 

09900SB2872ham001- 21 -LRB099 19925 RLC 52189 a

1also provide that when the court's sentencing order recommends
2a prisoner for substance abuse treatment and the crime was
3committed on or after September 1, 2003 (the effective date of
4Public Act 93-354), the prisoner shall receive no sentence
5credit awarded under clause (3) of this subsection (a) unless
6he or she participates in and completes a substance abuse
7treatment program. The Director may waive the requirement to
8participate in or complete a substance abuse treatment program
9and award the sentence credit in specific instances if the
10prisoner is not a good candidate for a substance abuse
11treatment program for medical, programming, or operational
12reasons. Availability of substance abuse treatment shall be
13subject to the limits of fiscal resources appropriated by the
14General Assembly for these purposes. If treatment is not
15available and the requirement to participate and complete the
16treatment has not been waived by the Director, the prisoner
17shall be placed on a waiting list under criteria established by
18the Department. The Director may allow a prisoner placed on a
19waiting list to participate in and complete a substance abuse
20education class or attend substance abuse self-help meetings in
21lieu of a substance abuse treatment program. A prisoner on a
22waiting list who is not placed in a substance abuse program
23prior to release may be eligible for a waiver and receive
24sentence credit under clause (3) of this subsection (a) at the
25discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

09900SB2872ham001- 22 -LRB099 19925 RLC 52189 a

1also provide that a prisoner who has been convicted of a sex
2offense as defined in Section 2 of the Sex Offender
3Registration Act shall receive no sentence credit unless he or
4she either has successfully completed or is participating in
5sex offender treatment as defined by the Sex Offender
6Management Board. However, prisoners who are waiting to receive
7treatment, but who are unable to do so due solely to the lack
8of resources on the part of the Department, may, at the
9Director's sole discretion, be awarded sentence credit at a
10rate as the Director shall determine.
11    (5) Whenever the Department is to release any inmate
12earlier than it otherwise would because of a grant of earned
13sentence credit for good conduct under paragraph (3) of
14subsection (a) of this Section given at any time during the
15term, the Department shall give reasonable notice of the
16impending release not less than 14 days prior to the date of
17the release to the State's Attorney of the county where the
18prosecution of the inmate took place, and if applicable, the
19State's Attorney of the county into which the inmate will be
20released. The Department must also make identification
21information and a recent photo of the inmate being released
22accessible on the Internet by means of a hyperlink labeled
23"Community Notification of Inmate Early Release" on the
24Department's World Wide Web homepage. The identification
25information shall include the inmate's: name, any known alias,
26date of birth, physical characteristics, commitment offense

 

 

09900SB2872ham001- 23 -LRB099 19925 RLC 52189 a

1and county where conviction was imposed. The identification
2information shall be placed on the website within 3 days of the
3inmate's release and the information may not be removed until
4either: completion of the first year of mandatory supervised
5release or return of the inmate to custody of the Department.
6    (b) Whenever a person is or has been committed under
7several convictions, with separate sentences, the sentences
8shall be construed under Section 5-8-4 in granting and
9forfeiting of sentence credit.
10    (c) The Department shall prescribe rules and regulations
11for revoking sentence credit, including revoking sentence
12credit awarded for good conduct under paragraph (3) of
13subsection (a) of this Section. The Department shall prescribe
14rules and regulations for suspending or reducing the rate of
15accumulation of sentence credit for specific rule violations,
16during imprisonment. These rules and regulations shall provide
17that no inmate may be penalized more than one year of sentence
18credit for any one infraction.
19    When the Department seeks to revoke, suspend or reduce the
20rate of accumulation of any sentence credits for an alleged
21infraction of its rules, it shall bring charges therefor
22against the prisoner sought to be so deprived of sentence
23credits before the Prisoner Review Board as provided in
24subparagraph (a)(4) of Section 3-3-2 of this Code, if the
25amount of credit at issue exceeds 30 days or when during any 12
26month period, the cumulative amount of credit revoked exceeds

 

 

09900SB2872ham001- 24 -LRB099 19925 RLC 52189 a

130 days except where the infraction is committed or discovered
2within 60 days of scheduled release. In those cases, the
3Department of Corrections may revoke up to 30 days of sentence
4credit. The Board may subsequently approve the revocation of
5additional sentence credit, if the Department seeks to revoke
6sentence credit in excess of 30 days. However, the Board shall
7not be empowered to review the Department's decision with
8respect to the loss of 30 days of sentence credit within any
9calendar year for any prisoner or to increase any penalty
10beyond the length requested by the Department.
11    The Director of the Department of Corrections, in
12appropriate cases, may restore up to 30 days of sentence
13credits which have been revoked, suspended or reduced. Any
14restoration of sentence credits in excess of 30 days shall be
15subject to review by the Prisoner Review Board. However, the
16Board may not restore sentence credit in excess of the amount
17requested by the Director.
18    Nothing contained in this Section shall prohibit the
19Prisoner Review Board from ordering, pursuant to Section
203-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
21sentence imposed by the court that was not served due to the
22accumulation of sentence credit.
23    (d) If a lawsuit is filed by a prisoner in an Illinois or
24federal court against the State, the Department of Corrections,
25or the Prisoner Review Board, or against any of their officers
26or employees, and the court makes a specific finding that a

 

 

09900SB2872ham001- 25 -LRB099 19925 RLC 52189 a

1pleading, motion, or other paper filed by the prisoner is
2frivolous, the Department of Corrections shall conduct a
3hearing to revoke up to 180 days of sentence credit by bringing
4charges against the prisoner sought to be deprived of the
5sentence credits before the Prisoner Review Board as provided
6in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
7prisoner has not accumulated 180 days of sentence credit at the
8time of the finding, then the Prisoner Review Board may revoke
9all sentence credit accumulated by the prisoner.
10    For purposes of this subsection (d):
11        (1) "Frivolous" means that a pleading, motion, or other
12    filing which purports to be a legal document filed by a
13    prisoner in his or her lawsuit meets any or all of the
14    following criteria:
15            (A) it lacks an arguable basis either in law or in
16        fact;
17            (B) it is being presented for any improper purpose,
18        such as to harass or to cause unnecessary delay or
19        needless increase in the cost of litigation;
20            (C) the claims, defenses, and other legal
21        contentions therein are not warranted by existing law
22        or by a nonfrivolous argument for the extension,
23        modification, or reversal of existing law or the
24        establishment of new law;
25            (D) the allegations and other factual contentions
26        do not have evidentiary support or, if specifically so

 

 

09900SB2872ham001- 26 -LRB099 19925 RLC 52189 a

1        identified, are not likely to have evidentiary support
2        after a reasonable opportunity for further
3        investigation or discovery; or
4            (E) the denials of factual contentions are not
5        warranted on the evidence, or if specifically so
6        identified, are not reasonably based on a lack of
7        information or belief.
8        (2) "Lawsuit" means a motion pursuant to Section 116-3
9    of the Code of Criminal Procedure of 1963, a habeas corpus
10    action under Article X of the Code of Civil Procedure or
11    under federal law (28 U.S.C. 2254), a petition for claim
12    under the Court of Claims Act, an action under the federal
13    Civil Rights Act (42 U.S.C. 1983), or a second or
14    subsequent petition for post-conviction relief under
15    Article 122 of the Code of Criminal Procedure of 1963
16    whether filed with or without leave of court or a second or
17    subsequent petition for relief from judgment under Section
18    2-1401 of the Code of Civil Procedure.
19    (e) Nothing in Public Act 90-592 or 90-593 affects the
20validity of Public Act 89-404.
21    (f) Whenever the Department is to release any inmate who
22has been convicted of a violation of an order of protection
23under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
24the Criminal Code of 2012, earlier than it otherwise would
25because of a grant of sentence credit, the Department, as a
26condition of release, shall require that the person, upon

 

 

09900SB2872ham001- 27 -LRB099 19925 RLC 52189 a

1release, be placed under electronic surveillance as provided in
2Section 5-8A-7 of this Code.
3(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
4eff. 1-1-16; 99-642, eff. 7-28-16.)
 
5    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
6    Sec. 5-4-1. Sentencing Hearing.
7    (a) Except when the death penalty is sought under hearing
8procedures otherwise specified, after a determination of
9guilt, a hearing shall be held to impose the sentence. However,
10prior to the imposition of sentence on an individual being
11sentenced for an offense based upon a charge for a violation of
12Section 11-501 of the Illinois Vehicle Code or a similar
13provision of a local ordinance, the individual must undergo a
14professional evaluation to determine if an alcohol or other
15drug abuse problem exists and the extent of such a problem.
16Programs conducting these evaluations shall be licensed by the
17Department of Human Services. However, if the individual is not
18a resident of Illinois, the court may, in its discretion,
19accept an evaluation from a program in the state of such
20individual's residence. The court may in its sentencing order
21approve an eligible defendant for placement in a Department of
22Corrections impact incarceration program as provided in
23Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
24order recommend a defendant for placement in a Department of
25Corrections substance abuse treatment program as provided in

 

 

09900SB2872ham001- 28 -LRB099 19925 RLC 52189 a

1paragraph (a) of subsection (1) of Section 3-2-2 conditioned
2upon the defendant being accepted in a program by the
3Department of Corrections. At the hearing the court shall:
4        (1) consider the evidence, if any, received upon the
5    trial;
6        (2) consider any presentence reports;
7        (3) consider the financial impact of incarceration
8    based on the financial impact statement filed with the
9    clerk of the court by the Department of Corrections;
10        (4) consider evidence and information offered by the
11    parties in aggravation and mitigation;
12        (4.5) consider substance abuse treatment, eligibility
13    screening, and an assessment, if any, of the defendant by
14    an agent designated by the State of Illinois to provide
15    assessment services for the Illinois courts;
16        (5) hear arguments as to sentencing alternatives;
17        (6) afford the defendant the opportunity to make a
18    statement in his own behalf;
19        (7) afford the victim of a violent crime or a violation
20    of Section 11-501 of the Illinois Vehicle Code, or a
21    similar provision of a local ordinance, or a qualified
22    individual affected by: (i) a violation of Section 405,
23    405.1, 405.2, or 407 of the Illinois Controlled Substances
24    Act or a violation of Section 55 or Section 65 of the
25    Methamphetamine Control and Community Protection Act, or
26    (ii) a Class 4 felony violation of Section 11-14, 11-14.3

 

 

09900SB2872ham001- 29 -LRB099 19925 RLC 52189 a

1    except as described in subdivisions (a)(2)(A) and
2    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
3    Criminal Code of 1961 or the Criminal Code of 2012,
4    committed by the defendant the opportunity to make a
5    statement concerning the impact on the victim and to offer
6    evidence in aggravation or mitigation; provided that the
7    statement and evidence offered in aggravation or
8    mitigation must first be prepared in writing in conjunction
9    with the State's Attorney before it may be presented orally
10    at the hearing. Any sworn testimony offered by the victim
11    is subject to the defendant's right to cross-examine. All
12    statements and evidence offered under this paragraph (7)
13    shall become part of the record of the court. For the
14    purpose of this paragraph (7), "qualified individual"
15    means any person who (i) lived or worked within the
16    territorial jurisdiction where the offense took place when
17    the offense took place; and (ii) is familiar with various
18    public places within the territorial jurisdiction where
19    the offense took place when the offense took place. For the
20    purposes of this paragraph (7), "qualified individual"
21    includes any peace officer, or any member of any duly
22    organized State, county, or municipal peace unit assigned
23    to the territorial jurisdiction where the offense took
24    place when the offense took place;
25        (8) in cases of reckless homicide afford the victim's
26    spouse, guardians, parents or other immediate family

 

 

09900SB2872ham001- 30 -LRB099 19925 RLC 52189 a

1    members an opportunity to make oral statements;
2        (9) in cases involving a felony sex offense as defined
3    under the Sex Offender Management Board Act, consider the
4    results of the sex offender evaluation conducted pursuant
5    to Section 5-3-2 of this Act; and
6        (10) make a finding of whether a motor vehicle was used
7    in the commission of the offense for which the defendant is
8    being sentenced.
9    (b) All sentences shall be imposed by the judge based upon
10his independent assessment of the elements specified above and
11any agreement as to sentence reached by the parties. The judge
12who presided at the trial or the judge who accepted the plea of
13guilty shall impose the sentence unless he is no longer sitting
14as a judge in that court. Where the judge does not impose
15sentence at the same time on all defendants who are convicted
16as a result of being involved in the same offense, the
17defendant or the State's Attorney may advise the sentencing
18court of the disposition of any other defendants who have been
19sentenced.
20    (b-1) In imposing a sentence of imprisonment or periodic
21imprisonment for a Class 3 or Class 4 felony for which a
22sentence of probation or conditional discharge is an available
23sentence, if the defendant has no prior sentence of probation
24or conditional discharge and no prior conviction for a violent
25crime, the defendant shall not be sentenced to imprisonment
26before review and consideration of a presentence report and

 

 

09900SB2872ham001- 31 -LRB099 19925 RLC 52189 a

1determination and explanation of why the particular evidence,
2information, factor in aggravation, factual finding, or other
3reasons support a sentencing determination that one or more of
4the factors under subsection (a) of Section 5-6-1 of this Code
5apply and that probation or conditional discharge is not an
6appropriate sentence.
7    (c) In imposing a sentence for a violent crime or for an
8offense of operating or being in physical control of a vehicle
9while under the influence of alcohol, any other drug or any
10combination thereof, or a similar provision of a local
11ordinance, when such offense resulted in the personal injury to
12someone other than the defendant, the trial judge shall specify
13on the record the particular evidence, information, factors in
14mitigation and aggravation or other reasons that led to his
15sentencing determination. The full verbatim record of the
16sentencing hearing shall be filed with the clerk of the court
17and shall be a public record.
18    (c-1) In imposing a sentence for the offense of aggravated
19kidnapping for ransom, home invasion, armed robbery,
20aggravated vehicular hijacking, aggravated discharge of a
21firearm, or armed violence with a category I weapon or category
22II weapon, the trial judge shall make a finding as to whether
23the conduct leading to conviction for the offense resulted in
24great bodily harm to a victim, and shall enter that finding and
25the basis for that finding in the record.
26    (c-2) If the defendant is sentenced to prison, other than

 

 

09900SB2872ham001- 32 -LRB099 19925 RLC 52189 a

1when a sentence of natural life imprisonment or a sentence of
2death is imposed, at the time the sentence is imposed the judge
3shall state on the record in open court the approximate period
4of time the defendant will serve in custody according to the
5then current statutory rules and regulations for sentence
6credit found in Section 3-6-3 and other related provisions of
7this Code. This statement is intended solely to inform the
8public, has no legal effect on the defendant's actual release,
9and may not be relied on by the defendant on appeal.
10    The judge's statement, to be given after pronouncing the
11sentence, other than when the sentence is imposed for one of
12the offenses enumerated in paragraph (a)(4) (a)(3) of Section
133-6-3, shall include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois as
18applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, assuming the defendant receives all of his or her
21sentence credit, the period of estimated actual custody is ...
22years and ... months, less up to 180 days additional earned
23sentence credit for good conduct. If the defendant, because of
24his or her own misconduct or failure to comply with the
25institutional regulations, does not receive those credits, the
26actual time served in prison will be longer. The defendant may

 

 

09900SB2872ham001- 33 -LRB099 19925 RLC 52189 a

1also receive an additional one-half day sentence credit for
2each day of participation in vocational, industry, substance
3abuse, and educational programs as provided for by Illinois
4statute."
5    When the sentence is imposed for one of the offenses
6enumerated in paragraph (a)(3) of Section 3-6-3, other than
7when the sentence is imposed for one of the offenses enumerated
8in paragraph (a)(2) of Section 3-6-3 committed on or after June
919, 1998, and other than when the sentence is imposed for
10reckless homicide as defined in subsection (e) of Section 9-3
11of the Criminal Code of 1961 or the Criminal Code of 2012 if
12the offense was committed on or after January 1, 1999, and
13other than when the sentence is imposed for aggravated arson if
14the offense was committed on or after July 27, 2001 (the
15effective date of Public Act 92-176), and other than when the
16sentence is imposed for aggravated driving under the influence
17of alcohol, other drug or drugs, or intoxicating compound or
18compounds, or any combination thereof as defined in
19subparagraph (C) of paragraph (1) of subsection (d) of Section
2011-501 of the Illinois Vehicle Code committed on or after
21January 1, 2011 (the effective date of Public Act 96-1230), the
22judge's statement, to be given after pronouncing the sentence,
23shall include the following:
24    "The purpose of this statement is to inform the public of
25the actual period of time this defendant is likely to spend in
26prison as a result of this sentence. The actual period of

 

 

09900SB2872ham001- 34 -LRB099 19925 RLC 52189 a

1prison time served is determined by the statutes of Illinois as
2applied to this sentence by the Illinois Department of
3Corrections and the Illinois Prisoner Review Board. In this
4case, assuming the defendant receives all of his or her
5sentence credit, the period of estimated actual custody is ...
6years and ... months, less up to 90 days additional sentence
7credit for good conduct. If the defendant, because of his or
8her own misconduct or failure to comply with the institutional
9regulations, does not receive those credits, the actual time
10served in prison will be longer. The defendant may also receive
11an additional one-half day sentence credit for each day of
12participation in vocational, industry, substance abuse, and
13educational programs as provided for by Illinois statute."
14    When the sentence is imposed for one of the offenses
15enumerated in paragraph (a)(2) of Section 3-6-3, other than
16first degree murder, and the offense was committed on or after
17June 19, 1998, and when the sentence is imposed for reckless
18homicide as defined in subsection (e) of Section 9-3 of the
19Criminal Code of 1961 or the Criminal Code of 2012 if the
20offense was committed on or after January 1, 1999, and when the
21sentence is imposed for aggravated driving under the influence
22of alcohol, other drug or drugs, or intoxicating compound or
23compounds, or any combination thereof as defined in
24subparagraph (F) of paragraph (1) of subsection (d) of Section
2511-501 of the Illinois Vehicle Code, and when the sentence is
26imposed for aggravated arson if the offense was committed on or

 

 

09900SB2872ham001- 35 -LRB099 19925 RLC 52189 a

1after July 27, 2001 (the effective date of Public Act 92-176),
2and when the sentence is imposed for aggravated driving under
3the influence of alcohol, other drug or drugs, or intoxicating
4compound or compounds, or any combination thereof as defined in
5subparagraph (C) of paragraph (1) of subsection (d) of Section
611-501 of the Illinois Vehicle Code committed on or after
7January 1, 2011 (the effective date of Public Act 96-1230), the
8judge's statement, to be given after pronouncing the sentence,
9shall include the following:
10    "The purpose of this statement is to inform the public of
11the actual period of time this defendant is likely to spend in
12prison as a result of this sentence. The actual period of
13prison time served is determined by the statutes of Illinois as
14applied to this sentence by the Illinois Department of
15Corrections and the Illinois Prisoner Review Board. In this
16case, the defendant is entitled to no more than 4 1/2 days of
17sentence credit for each month of his or her sentence of
18imprisonment. Therefore, this defendant will serve at least 85%
19of his or her sentence. Assuming the defendant receives 4 1/2
20days credit for each month of his or her sentence, the period
21of estimated actual custody is ... years and ... months. If the
22defendant, because of his or her own misconduct or failure to
23comply with the institutional regulations receives lesser
24credit, the actual time served in prison will be longer."
25    When a sentence of imprisonment is imposed for first degree
26murder and the offense was committed on or after June 19, 1998,

 

 

09900SB2872ham001- 36 -LRB099 19925 RLC 52189 a

1the judge's statement, to be given after pronouncing the
2sentence, shall include the following:
3    "The purpose of this statement is to inform the public of
4the actual period of time this defendant is likely to spend in
5prison as a result of this sentence. The actual period of
6prison time served is determined by the statutes of Illinois as
7applied to this sentence by the Illinois Department of
8Corrections and the Illinois Prisoner Review Board. In this
9case, the defendant is not entitled to sentence credit.
10Therefore, this defendant will serve 100% of his or her
11sentence."
12    When the sentencing order recommends placement in a
13substance abuse program for any offense that results in
14incarceration in a Department of Corrections facility and the
15crime was committed on or after September 1, 2003 (the
16effective date of Public Act 93-354), the judge's statement, in
17addition to any other judge's statement required under this
18Section, to be given after pronouncing the sentence, shall
19include the following:
20    "The purpose of this statement is to inform the public of
21the actual period of time this defendant is likely to spend in
22prison as a result of this sentence. The actual period of
23prison time served is determined by the statutes of Illinois as
24applied to this sentence by the Illinois Department of
25Corrections and the Illinois Prisoner Review Board. In this
26case, the defendant shall receive no earned sentence credit for

 

 

09900SB2872ham001- 37 -LRB099 19925 RLC 52189 a

1good conduct under clause (3) of subsection (a) of Section
23-6-3 until he or she participates in and completes a substance
3abuse treatment program or receives a waiver from the Director
4of Corrections pursuant to clause (4.5) of subsection (a) of
5Section 3-6-3."
6    (c-4) Before the sentencing hearing and as part of the
7presentence investigation under Section 5-3-1, the court shall
8inquire of the defendant whether the defendant is currently
9serving in or is a veteran of the Armed Forces of the United
10States. If the defendant is currently serving in the Armed
11Forces of the United States or is a veteran of the Armed Forces
12of the United States and has been diagnosed as having a mental
13illness by a qualified psychiatrist or clinical psychologist or
14physician, the court may:
15        (1) order that the officer preparing the presentence
16    report consult with the United States Department of
17    Veterans Affairs, Illinois Department of Veterans'
18    Affairs, or another agency or person with suitable
19    knowledge or experience for the purpose of providing the
20    court with information regarding treatment options
21    available to the defendant, including federal, State, and
22    local programming; and
23        (2) consider the treatment recommendations of any
24    diagnosing or treating mental health professionals
25    together with the treatment options available to the
26    defendant in imposing sentence.

 

 

09900SB2872ham001- 38 -LRB099 19925 RLC 52189 a

1    For the purposes of this subsection (c-4), "qualified
2psychiatrist" means a reputable physician licensed in Illinois
3to practice medicine in all its branches, who has specialized
4in the diagnosis and treatment of mental and nervous disorders
5for a period of not less than 5 years.
6    (c-6) In imposing a sentence, the trial judge shall
7specify, on the record, the particular evidence and other
8reasons which led to his or her determination that a motor
9vehicle was used in the commission of the offense.
10    (d) When the defendant is committed to the Department of
11Corrections, the State's Attorney shall and counsel for the
12defendant may file a statement with the clerk of the court to
13be transmitted to the department, agency or institution to
14which the defendant is committed to furnish such department,
15agency or institution with the facts and circumstances of the
16offense for which the person was committed together with all
17other factual information accessible to them in regard to the
18person prior to his commitment relative to his habits,
19associates, disposition and reputation and any other facts and
20circumstances which may aid such department, agency or
21institution during its custody of such person. The clerk shall
22within 10 days after receiving any such statements transmit a
23copy to such department, agency or institution and a copy to
24the other party, provided, however, that this shall not be
25cause for delay in conveying the person to the department,
26agency or institution to which he has been committed.

 

 

09900SB2872ham001- 39 -LRB099 19925 RLC 52189 a

1    (e) The clerk of the court shall transmit to the
2department, agency or institution, if any, to which the
3defendant is committed, the following:
4        (1) the sentence imposed;
5        (2) any statement by the court of the basis for
6    imposing the sentence;
7        (3) any presentence reports;
8        (3.5) any sex offender evaluations;
9        (3.6) any substance abuse treatment eligibility
10    screening and assessment of the defendant by an agent
11    designated by the State of Illinois to provide assessment
12    services for the Illinois courts;
13        (4) the number of days, if any, which the defendant has
14    been in custody and for which he is entitled to credit
15    against the sentence, which information shall be provided
16    to the clerk by the sheriff;
17        (4.1) any finding of great bodily harm made by the
18    court with respect to an offense enumerated in subsection
19    (c-1);
20        (5) all statements filed under subsection (d) of this
21    Section;
22        (6) any medical or mental health records or summaries
23    of the defendant;
24        (7) the municipality where the arrest of the offender
25    or the commission of the offense has occurred, where such
26    municipality has a population of more than 25,000 persons;

 

 

09900SB2872ham001- 40 -LRB099 19925 RLC 52189 a

1        (8) all statements made and evidence offered under
2    paragraph (7) of subsection (a) of this Section; and
3        (9) all additional matters which the court directs the
4    clerk to transmit.
5    (f) In cases in which the court finds that a motor vehicle
6was used in the commission of the offense for which the
7defendant is being sentenced, the clerk of the court shall,
8within 5 days thereafter, forward a report of such conviction
9to the Secretary of State.
10(Source: P.A. 99-861, eff. 1-1-17.)
 
11    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
12    Sec. 5-5-3. Disposition.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (1) (Blank).
16    (2) A period of probation, a term of periodic imprisonment
17or conditional discharge shall not be imposed for the following
18offenses. The court shall sentence the offender to not less
19than the minimum term of imprisonment set forth in this Code
20for the following offenses, and may order a fine or restitution
21or both in conjunction with such term of imprisonment:
22        (A) First degree murder where the death penalty is not
23    imposed.
24        (B) Attempted first degree murder.
25        (C) A Class X felony.

 

 

09900SB2872ham001- 41 -LRB099 19925 RLC 52189 a

1        (D) (Blank). A violation of Section 401.1 or 407 of the
2    Illinois Controlled Substances Act, or a violation of
3    subdivision (c)(1.5) or (c)(2) of Section 401 of that Act
4    which relates to more than 5 grams of a substance
5    containing cocaine, fentanyl, or an analog thereof.
6        (D-5) (Blank). A violation of subdivision (c)(1) of
7    Section 401 of the Illinois Controlled Substances Act which
8    relates to 3 or more grams of a substance containing heroin
9    or an analog thereof.
10        (E) (Blank). A violation of Section 5.1 or 9 of the
11    Cannabis Control Act.
12        (F) A Class 1 2 or greater felony if the offender had
13    been convicted of a Class 1 2 or greater felony, including
14    any state or federal conviction for an offense that
15    contained, at the time it was committed, the same elements
16    as an offense now (the date of the offense committed after
17    the prior Class 1 2 or greater felony) classified as a
18    Class 1 2 or greater felony, within 10 years of the date on
19    which the offender committed the offense for which he or
20    she is being sentenced, except as otherwise provided in
21    Section 40-10 of the Alcoholism and Other Drug Abuse and
22    Dependency Act.
23        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24    the Criminal Code of 1961 or the Criminal Code of 2012 for
25    which imprisonment is prescribed in those Sections.
26        (G) Residential burglary, except as otherwise provided

 

 

09900SB2872ham001- 42 -LRB099 19925 RLC 52189 a

1    in Section 40-10 of the Alcoholism and Other Drug Abuse and
2    Dependency Act.
3        (H) A Class 2 or greater felony under Article 11 or 24
4    or Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 Criminal
6    sexual assault.
7        (I) Aggravated battery of a senior citizen as described
8    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
9    of the Criminal Code of 1961 or the Criminal Code of 2012.
10        (J) A forcible felony if the offense was related to the
11    activities of an organized gang.
12        Before July 1, 1994, for the purposes of this
13    paragraph, "organized gang" means an association of 5 or
14    more persons, with an established hierarchy, that
15    encourages members of the association to perpetrate crimes
16    or provides support to the members of the association who
17    do commit crimes.
18        Beginning July 1, 1994, for the purposes of this
19    paragraph, "organized gang" has the meaning ascribed to it
20    in Section 10 of the Illinois Streetgang Terrorism Omnibus
21    Prevention Act.
22        (K) Vehicular hijacking.
23        (L) A second or subsequent conviction for the offense
24    of hate crime when the underlying offense upon which the
25    hate crime is based is felony aggravated assault or felony
26    mob action.

 

 

09900SB2872ham001- 43 -LRB099 19925 RLC 52189 a

1        (M) A second or subsequent conviction for the offense
2    of institutional vandalism if the damage to the property
3    exceeds $300.
4        (N) A Class 3 felony violation of paragraph (1) of
5    subsection (a) of Section 2 of the Firearm Owners
6    Identification Card Act.
7        (O) A violation of Section 12-6.1 or 12-6.5 of the
8    Criminal Code of 1961 or the Criminal Code of 2012.
9        (P) A violation of paragraph (1), (2), (3), (4), (5),
10    or (7) of subsection (a) of Section 11-20.1 of the Criminal
11    Code of 1961 or the Criminal Code of 2012.
12        (Q) A violation of subsection (b) or (b-5) of Section
13    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
14    Code of 1961 or the Criminal Code of 2012.
15        (R) A violation of Section 24-3A of the Criminal Code
16    of 1961 or the Criminal Code of 2012.
17        (S) (Blank).
18        (T) (Blank). A second or subsequent violation of the
19    Methamphetamine Control and Community Protection Act.
20        (U) A second or subsequent violation of Section 6-303
21    of the Illinois Vehicle Code committed while his or her
22    driver's license, permit, or privilege was revoked because
23    of a violation of Section 9-3 of the Criminal Code of 1961
24    or the Criminal Code of 2012, relating to the offense of
25    reckless homicide, or a similar provision of a law of
26    another state.

 

 

09900SB2872ham001- 44 -LRB099 19925 RLC 52189 a

1        (V) A violation of paragraph (4) of subsection (c) of
2    Section 11-20.1B or paragraph (4) of subsection (c) of
3    Section 11-20.3 of the Criminal Code of 1961, or paragraph
4    (6) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 2012 when the victim is under 13 years of age and
6    the defendant has previously been convicted under the laws
7    of this State or any other state of the offense of child
8    pornography, aggravated child pornography, aggravated
9    criminal sexual abuse, aggravated criminal sexual assault,
10    predatory criminal sexual assault of a child, or any of the
11    offenses formerly known as rape, deviate sexual assault,
12    indecent liberties with a child, or aggravated indecent
13    liberties with a child where the victim was under the age
14    of 18 years or an offense that is substantially equivalent
15    to those offenses.
16        (W) A violation of Section 24-3.5 of the Criminal Code
17    of 1961 or the Criminal Code of 2012.
18        (X) A violation of subsection (a) of Section 31-1a of
19    the Criminal Code of 1961 or the Criminal Code of 2012.
20        (Y) A conviction for unlawful possession of a firearm
21    by a street gang member when the firearm was loaded or
22    contained firearm ammunition.
23        (Z) A Class 1 felony committed while he or she was
24    serving a term of probation or conditional discharge for a
25    felony.
26        (AA) Theft of property exceeding $500,000 and not

 

 

09900SB2872ham001- 45 -LRB099 19925 RLC 52189 a

1    exceeding $1,000,000 in value.
2        (BB) Laundering of criminally derived property of a
3    value exceeding $500,000.
4        (CC) Knowingly selling, offering for sale, holding for
5    sale, or using 2,000 or more counterfeit items or
6    counterfeit items having a retail value in the aggregate of
7    $500,000 or more.
8        (DD) A conviction for aggravated assault under
9    paragraph (6) of subsection (c) of Section 12-2 of the
10    Criminal Code of 1961 or the Criminal Code of 2012 if the
11    firearm is aimed toward the person against whom the firearm
12    is being used.
13        (EE) A conviction for a violation of paragraph (2) of
14    subsection (a) of Section 24-3B of the Criminal Code of
15    2012.
16    (3) (Blank).
17    (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21    (4.1) (Blank).
22    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26    (4.3) A minimum term of imprisonment of 30 days or 300

 

 

09900SB2872ham001- 46 -LRB099 19925 RLC 52189 a

1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment of
630 days or 300 hours of community service, as determined by the
7court, shall be imposed for a third or subsequent violation of
8Section 6-303 of the Illinois Vehicle Code.
9    (4.5) A minimum term of imprisonment of 30 days shall be
10imposed for a third violation of subsection (c) of Section
116-303 of the Illinois Vehicle Code.
12    (4.6) Except as provided in paragraph (4.10) of this
13subsection (c), a minimum term of imprisonment of 180 days
14shall be imposed for a fourth or subsequent violation of
15subsection (c) of Section 6-303 of the Illinois Vehicle Code.
16    (4.7) A minimum term of imprisonment of not less than 30
17consecutive days, or 300 hours of community service, shall be
18imposed for a violation of subsection (a-5) of Section 6-303 of
19the Illinois Vehicle Code, as provided in subsection (b-5) of
20that Section.
21    (4.8) A mandatory prison sentence shall be imposed for a
22second violation of subsection (a-5) of Section 6-303 of the
23Illinois Vehicle Code, as provided in subsection (c-5) of that
24Section. The person's driving privileges shall be revoked for a
25period of not less than 5 years from the date of his or her
26release from prison.

 

 

09900SB2872ham001- 47 -LRB099 19925 RLC 52189 a

1    (4.9) A mandatory prison sentence of not less than 4 and
2not more than 15 years shall be imposed for a third violation
3of subsection (a-5) of Section 6-303 of the Illinois Vehicle
4Code, as provided in subsection (d-2.5) of that Section. The
5person's driving privileges shall be revoked for the remainder
6of his or her life.
7    (4.10) A mandatory prison sentence for a Class 1 felony
8shall be imposed, and the person shall be eligible for an
9extended term sentence, for a fourth or subsequent violation of
10subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
11as provided in subsection (d-3.5) of that Section. The person's
12driving privileges shall be revoked for the remainder of his or
13her life.
14    (5) The court may sentence a corporation or unincorporated
15association convicted of any offense to:
16        (A) a period of conditional discharge;
17        (B) a fine;
18        (C) make restitution to the victim under Section 5-5-6
19    of this Code.
20    (5.1) In addition to any other penalties imposed, and
21except as provided in paragraph (5.2) or (5.3), a person
22convicted of violating subsection (c) of Section 11-907 of the
23Illinois Vehicle Code shall have his or her driver's license,
24permit, or privileges suspended for at least 90 days but not
25more than one year, if the violation resulted in damage to the
26property of another person.

 

 

09900SB2872ham001- 48 -LRB099 19925 RLC 52189 a

1    (5.2) In addition to any other penalties imposed, and
2except as provided in paragraph (5.3), a person convicted of
3violating subsection (c) of Section 11-907 of the Illinois
4Vehicle Code shall have his or her driver's license, permit, or
5privileges suspended for at least 180 days but not more than 2
6years, if the violation resulted in injury to another person.
7    (5.3) In addition to any other penalties imposed, a person
8convicted of violating subsection (c) of Section 11-907 of the
9Illinois Vehicle Code shall have his or her driver's license,
10permit, or privileges suspended for 2 years, if the violation
11resulted in the death of another person.
12    (5.4) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code shall have his or her driver's license, permit, or
15privileges suspended for 3 months and until he or she has paid
16a reinstatement fee of $100.
17    (5.5) In addition to any other penalties imposed, a person
18convicted of violating Section 3-707 of the Illinois Vehicle
19Code during a period in which his or her driver's license,
20permit, or privileges were suspended for a previous violation
21of that Section shall have his or her driver's license, permit,
22or privileges suspended for an additional 6 months after the
23expiration of the original 3-month suspension and until he or
24she has paid a reinstatement fee of $100.
25    (6) (Blank).
26    (7) (Blank).

 

 

09900SB2872ham001- 49 -LRB099 19925 RLC 52189 a

1    (8) (Blank).
2    (9) A defendant convicted of a second or subsequent offense
3of ritualized abuse of a child may be sentenced to a term of
4natural life imprisonment.
5    (10) (Blank).
6    (11) The court shall impose a minimum fine of $1,000 for a
7first offense and $2,000 for a second or subsequent offense
8upon a person convicted of or placed on supervision for battery
9when the individual harmed was a sports official or coach at
10any level of competition and the act causing harm to the sports
11official or coach occurred within an athletic facility or
12within the immediate vicinity of the athletic facility at which
13the sports official or coach was an active participant of the
14athletic contest held at the athletic facility. For the
15purposes of this paragraph (11), "sports official" means a
16person at an athletic contest who enforces the rules of the
17contest, such as an umpire or referee; "athletic facility"
18means an indoor or outdoor playing field or recreational area
19where sports activities are conducted; and "coach" means a
20person recognized as a coach by the sanctioning authority that
21conducted the sporting event.
22    (12) A person may not receive a disposition of court
23supervision for a violation of Section 5-16 of the Boat
24Registration and Safety Act if that person has previously
25received a disposition of court supervision for a violation of
26that Section.

 

 

09900SB2872ham001- 50 -LRB099 19925 RLC 52189 a

1    (13) A person convicted of or placed on court supervision
2for an assault or aggravated assault when the victim and the
3offender are family or household members as defined in Section
4103 of the Illinois Domestic Violence Act of 1986 or convicted
5of domestic battery or aggravated domestic battery may be
6required to attend a Partner Abuse Intervention Program under
7protocols set forth by the Illinois Department of Human
8Services under such terms and conditions imposed by the court.
9The costs of such classes shall be paid by the offender.
10    (d) In any case in which a sentence originally imposed is
11vacated, the case shall be remanded to the trial court. The
12trial court shall hold a hearing under Section 5-4-1 of the
13Unified Code of Corrections which may include evidence of the
14defendant's life, moral character and occupation during the
15time since the original sentence was passed. The trial court
16shall then impose sentence upon the defendant. The trial court
17may impose any sentence which could have been imposed at the
18original trial subject to Section 5-5-4 of the Unified Code of
19Corrections. If a sentence is vacated on appeal or on
20collateral attack due to the failure of the trier of fact at
21trial to determine beyond a reasonable doubt the existence of a
22fact (other than a prior conviction) necessary to increase the
23punishment for the offense beyond the statutory maximum
24otherwise applicable, either the defendant may be re-sentenced
25to a term within the range otherwise provided or, if the State
26files notice of its intention to again seek the extended

 

 

09900SB2872ham001- 51 -LRB099 19925 RLC 52189 a

1sentence, the defendant shall be afforded a new trial.
2    (e) In cases where prosecution for aggravated criminal
3sexual abuse under Section 11-1.60 or 12-16 of the Criminal
4Code of 1961 or the Criminal Code of 2012 results in conviction
5of a defendant who was a family member of the victim at the
6time of the commission of the offense, the court shall consider
7the safety and welfare of the victim and may impose a sentence
8of probation only where:
9        (1) the court finds (A) or (B) or both are appropriate:
10            (A) the defendant is willing to undergo a court
11        approved counseling program for a minimum duration of 2
12        years; or
13            (B) the defendant is willing to participate in a
14        court approved plan including but not limited to the
15        defendant's:
16                (i) removal from the household;
17                (ii) restricted contact with the victim;
18                (iii) continued financial support of the
19            family;
20                (iv) restitution for harm done to the victim;
21            and
22                (v) compliance with any other measures that
23            the court may deem appropriate; and
24        (2) the court orders the defendant to pay for the
25    victim's counseling services, to the extent that the court
26    finds, after considering the defendant's income and

 

 

09900SB2872ham001- 52 -LRB099 19925 RLC 52189 a

1    assets, that the defendant is financially capable of paying
2    for such services, if the victim was under 18 years of age
3    at the time the offense was committed and requires
4    counseling as a result of the offense.
5    Probation may be revoked or modified pursuant to Section
65-6-4; except where the court determines at the hearing that
7the defendant violated a condition of his or her probation
8restricting contact with the victim or other family members or
9commits another offense with the victim or other family
10members, the court shall revoke the defendant's probation and
11impose a term of imprisonment.
12    For the purposes of this Section, "family member" and
13"victim" shall have the meanings ascribed to them in Section
1411-0.1 of the Criminal Code of 2012.
15    (f) (Blank).
16    (g) Whenever a defendant is convicted of an offense under
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1811-14.3, 11-14.4 except for an offense that involves keeping a
19place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, the defendant shall undergo medical
23testing to determine whether the defendant has any sexually
24transmissible disease, including a test for infection with
25human immunodeficiency virus (HIV) or any other identified
26causative agent of acquired immunodeficiency syndrome (AIDS).

 

 

09900SB2872ham001- 53 -LRB099 19925 RLC 52189 a

1Any such medical test shall be performed only by appropriately
2licensed medical practitioners and may include an analysis of
3any bodily fluids as well as an examination of the defendant's
4person. Except as otherwise provided by law, the results of
5such test shall be kept strictly confidential by all medical
6personnel involved in the testing and must be personally
7delivered in a sealed envelope to the judge of the court in
8which the conviction was entered for the judge's inspection in
9camera. Acting in accordance with the best interests of the
10victim and the public, the judge shall have the discretion to
11determine to whom, if anyone, the results of the testing may be
12revealed. The court shall notify the defendant of the test
13results. The court shall also notify the victim if requested by
14the victim, and if the victim is under the age of 15 and if
15requested by the victim's parents or legal guardian, the court
16shall notify the victim's parents or legal guardian of the test
17results. The court shall provide information on the
18availability of HIV testing and counseling at Department of
19Public Health facilities to all parties to whom the results of
20the testing are revealed and shall direct the State's Attorney
21to provide the information to the victim when possible. A
22State's Attorney may petition the court to obtain the results
23of any HIV test administered under this Section, and the court
24shall grant the disclosure if the State's Attorney shows it is
25relevant in order to prosecute a charge of criminal
26transmission of HIV under Section 12-5.01 or 12-16.2 of the

 

 

09900SB2872ham001- 54 -LRB099 19925 RLC 52189 a

1Criminal Code of 1961 or the Criminal Code of 2012 against the
2defendant. The court shall order that the cost of any such test
3shall be paid by the county and may be taxed as costs against
4the convicted defendant.
5    (g-5) When an inmate is tested for an airborne communicable
6disease, as determined by the Illinois Department of Public
7Health including but not limited to tuberculosis, the results
8of the test shall be personally delivered by the warden or his
9or her designee in a sealed envelope to the judge of the court
10in which the inmate must appear for the judge's inspection in
11camera if requested by the judge. Acting in accordance with the
12best interests of those in the courtroom, the judge shall have
13the discretion to determine what if any precautions need to be
14taken to prevent transmission of the disease in the courtroom.
15    (h) Whenever a defendant is convicted of an offense under
16Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
17defendant shall undergo medical testing to determine whether
18the defendant has been exposed to human immunodeficiency virus
19(HIV) or any other identified causative agent of acquired
20immunodeficiency syndrome (AIDS). Except as otherwise provided
21by law, the results of such test shall be kept strictly
22confidential by all medical personnel involved in the testing
23and must be personally delivered in a sealed envelope to the
24judge of the court in which the conviction was entered for the
25judge's inspection in camera. Acting in accordance with the
26best interests of the public, the judge shall have the

 

 

09900SB2872ham001- 55 -LRB099 19925 RLC 52189 a

1discretion to determine to whom, if anyone, the results of the
2testing may be revealed. The court shall notify the defendant
3of a positive test showing an infection with the human
4immunodeficiency virus (HIV). The court shall provide
5information on the availability of HIV testing and counseling
6at Department of Public Health facilities to all parties to
7whom the results of the testing are revealed and shall direct
8the State's Attorney to provide the information to the victim
9when possible. A State's Attorney may petition the court to
10obtain the results of any HIV test administered under this
11Section, and the court shall grant the disclosure if the
12State's Attorney shows it is relevant in order to prosecute a
13charge of criminal transmission of HIV under Section 12-5.01 or
1412-16.2 of the Criminal Code of 1961 or the Criminal Code of
152012 against the defendant. The court shall order that the cost
16of any such test shall be paid by the county and may be taxed as
17costs against the convicted defendant.
18    (i) All fines and penalties imposed under this Section for
19any violation of Chapters 3, 4, 6, and 11 of the Illinois
20Vehicle Code, or a similar provision of a local ordinance, and
21any violation of the Child Passenger Protection Act, or a
22similar provision of a local ordinance, shall be collected and
23disbursed by the circuit clerk as provided under Section 27.5
24of the Clerks of Courts Act.
25    (j) In cases when prosecution for any violation of Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

 

 

09900SB2872ham001- 56 -LRB099 19925 RLC 52189 a

111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5Code of 2012, any violation of the Illinois Controlled
6Substances Act, any violation of the Cannabis Control Act, or
7any violation of the Methamphetamine Control and Community
8Protection Act results in conviction, a disposition of court
9supervision, or an order of probation granted under Section 10
10of the Cannabis Control Act, Section 410 of the Illinois
11Controlled Substances Act, or Section 70 of the Methamphetamine
12Control and Community Protection Act of a defendant, the court
13shall determine whether the defendant is employed by a facility
14or center as defined under the Child Care Act of 1969, a public
15or private elementary or secondary school, or otherwise works
16with children under 18 years of age on a daily basis. When a
17defendant is so employed, the court shall order the Clerk of
18the Court to send a copy of the judgment of conviction or order
19of supervision or probation to the defendant's employer by
20certified mail. If the employer of the defendant is a school,
21the Clerk of the Court shall direct the mailing of a copy of
22the judgment of conviction or order of supervision or probation
23to the appropriate regional superintendent of schools. The
24regional superintendent of schools shall notify the State Board
25of Education of any notification under this subsection.
26    (j-5) A defendant at least 17 years of age who is convicted

 

 

09900SB2872ham001- 57 -LRB099 19925 RLC 52189 a

1of a felony and who has not been previously convicted of a
2misdemeanor or felony and who is sentenced to a term of
3imprisonment in the Illinois Department of Corrections shall as
4a condition of his or her sentence be required by the court to
5attend educational courses designed to prepare the defendant
6for a high school diploma and to work toward a high school
7diploma or to work toward passing high school equivalency
8testing or to work toward completing a vocational training
9program offered by the Department of Corrections. If a
10defendant fails to complete the educational training required
11by his or her sentence during the term of incarceration, the
12Prisoner Review Board shall, as a condition of mandatory
13supervised release, require the defendant, at his or her own
14expense, to pursue a course of study toward a high school
15diploma or passage of high school equivalency testing. The
16Prisoner Review Board shall revoke the mandatory supervised
17release of a defendant who wilfully fails to comply with this
18subsection (j-5) upon his or her release from confinement in a
19penal institution while serving a mandatory supervised release
20term; however, the inability of the defendant after making a
21good faith effort to obtain financial aid or pay for the
22educational training shall not be deemed a wilful failure to
23comply. The Prisoner Review Board shall recommit the defendant
24whose mandatory supervised release term has been revoked under
25this subsection (j-5) as provided in Section 3-3-9. This
26subsection (j-5) does not apply to a defendant who has a high

 

 

09900SB2872ham001- 58 -LRB099 19925 RLC 52189 a

1school diploma or has successfully passed high school
2equivalency testing. This subsection (j-5) does not apply to a
3defendant who is determined by the court to be a person with a
4developmental disability or otherwise mentally incapable of
5completing the educational or vocational program.
6    (k) (Blank).
7    (l) (A) Except as provided in paragraph (C) of subsection
8(l), whenever a defendant, who is an alien as defined by the
9Immigration and Nationality Act, is convicted of any felony or
10misdemeanor offense, the court after sentencing the defendant
11may, upon motion of the State's Attorney, hold sentence in
12abeyance and remand the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent to be deported when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23    (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

 

 

09900SB2872ham001- 59 -LRB099 19925 RLC 52189 a

1Methamphetamine Control and Community Protection Act, the
2court may, upon motion of the State's Attorney to suspend the
3sentence imposed, commit the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent when:
6        (1) a final order of deportation has been issued
7    against the defendant pursuant to proceedings under the
8    Immigration and Nationality Act, and
9        (2) the deportation of the defendant would not
10    deprecate the seriousness of the defendant's conduct and
11    would not be inconsistent with the ends of justice.
12    (C) This subsection (l) does not apply to offenders who are
13subject to the provisions of paragraph (2) of subsection (a) of
14Section 3-6-3.
15    (D) Upon motion of the State's Attorney, if a defendant
16sentenced under this Section returns to the jurisdiction of the
17United States, the defendant shall be recommitted to the
18custody of the county from which he or she was sentenced.
19Thereafter, the defendant shall be brought before the
20sentencing court, which may impose any sentence that was
21available under Section 5-5-3 at the time of initial
22sentencing. In addition, the defendant shall not be eligible
23for additional earned sentence credit for good conduct as
24provided under Section 3-6-3.
25    (m) A person convicted of criminal defacement of property
26under Section 21-1.3 of the Criminal Code of 1961 or the

 

 

09900SB2872ham001- 60 -LRB099 19925 RLC 52189 a

1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5    (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person is an addict or alcoholic, as defined in
12the Alcoholism and Other Drug Abuse and Dependency Act, to a
13substance or alcohol abuse program licensed under that Act.
14    (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions of
18license renewal established by the Secretary of State.
19(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
2099-143, eff. 7-27-15; 99-885, eff. 8-23-16.)".