Illinois General Assembly - Full Text of SB2187
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Full Text of SB2187  102nd General Assembly

SB2187 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2187

 

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4-1  from Ch. 38, par. 1005-4-1
730 ILCS 5/5-8-6  from Ch. 38, par. 1005-8-6

    Amends the Unified Code of Corrections. Provides that in imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served. Provides that an offender sentenced to a term of imprisonment for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, in which the sentencing order indicates that the offender has less than 4 months remaining on his or her sentence accounting for time served may not be confined in the penitentiary system of the Department of Corrections but may be assigned to electronic home detention, an adult transition center, or another facility or program within the Department of Corrections. Effective January 1, 2022.


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A BILL FOR

 

SB2187LRB102 12160 KMF 17497 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-4-1 and 5-8-6 as follows:
 
6    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
7    Sec. 5-4-1. Sentencing hearing.
8    (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence.
11However, prior to the imposition of sentence on an individual
12being sentenced for an offense based upon a charge for a
13violation of Section 11-501 of the Illinois Vehicle Code or a
14similar provision of a local ordinance, the individual must
15undergo a professional evaluation to determine if an alcohol
16or other drug abuse problem exists and the extent of such a
17problem. Programs conducting these evaluations shall be
18licensed by the Department of Human Services. However, if the
19individual is not a resident of Illinois, the court may, in its
20discretion, accept an evaluation from a program in the state
21of such individual's residence. The court shall make a
22specific finding about whether the defendant is eligible for
23participation in a Department impact incarceration program as

 

 

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1provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
2explanation as to why a sentence to impact incarceration is
3not an appropriate sentence. The court may in its sentencing
4order recommend a defendant for placement in a Department of
5Corrections substance abuse treatment program as provided in
6paragraph (a) of subsection (1) of Section 3-2-2 conditioned
7upon the defendant being accepted in a program by the
8Department of Corrections. At the hearing the court shall:
9        (1) consider the evidence, if any, received upon the
10    trial;
11        (2) consider any presentence reports;
12        (3) consider the financial impact of incarceration
13    based on the financial impact statement filed with the
14    clerk of the court by the Department of Corrections;
15        (4) consider evidence and information offered by the
16    parties in aggravation and mitigation;
17        (4.5) consider substance abuse treatment, eligibility
18    screening, and an assessment, if any, of the defendant by
19    an agent designated by the State of Illinois to provide
20    assessment services for the Illinois courts;
21        (5) hear arguments as to sentencing alternatives;
22        (6) afford the defendant the opportunity to make a
23    statement in his own behalf;
24        (7) afford the victim of a violent crime or a
25    violation of Section 11-501 of the Illinois Vehicle Code,
26    or a similar provision of a local ordinance, the

 

 

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1    opportunity to present an oral or written statement, as
2    guaranteed by Article I, Section 8.1 of the Illinois
3    Constitution and provided in Section 6 of the Rights of
4    Crime Victims and Witnesses Act. The court shall allow a
5    victim to make an oral statement if the victim is present
6    in the courtroom and requests to make an oral or written
7    statement. An oral or written statement includes the
8    victim or a representative of the victim reading the
9    written statement. The court may allow persons impacted by
10    the crime who are not victims under subsection (a) of
11    Section 3 of the Rights of Crime Victims and Witnesses Act
12    to present an oral or written statement. A victim and any
13    person making an oral statement shall not be put under
14    oath or subject to cross-examination. All statements
15    offered under this paragraph (7) shall become part of the
16    record of the court. In this paragraph (7), "victim of a
17    violent crime" means a person who is a victim of a violent
18    crime for which the defendant has been convicted after a
19    bench or jury trial or a person who is the victim of a
20    violent crime with which the defendant was charged and the
21    defendant has been convicted under a plea agreement of a
22    crime that is not a violent crime as defined in subsection
23    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
24        (7.5) afford a qualified person affected by: (i) a
25    violation of Section 405, 405.1, 405.2, or 407 of the
26    Illinois Controlled Substances Act or a violation of

 

 

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1    Section 55 or Section 65 of the Methamphetamine Control
2    and Community Protection Act; or (ii) a Class 4 felony
3    violation of Section 11-14, 11-14.3 except as described in
4    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
5    11-18.1, or 11-19 of the Criminal Code of 1961 or the
6    Criminal Code of 2012, committed by the defendant the
7    opportunity to make a statement concerning the impact on
8    the qualified person and to offer evidence in aggravation
9    or mitigation; provided that the statement and evidence
10    offered in aggravation or mitigation shall first be
11    prepared in writing in conjunction with the State's
12    Attorney before it may be presented orally at the hearing.
13    Sworn testimony offered by the qualified person is subject
14    to the defendant's right to cross-examine. All statements
15    and evidence offered under this paragraph (7.5) shall
16    become part of the record of the court. In this paragraph
17    (7.5), "qualified person" means any person who: (i) lived
18    or worked within the territorial jurisdiction where the
19    offense took place when the offense took place; or (ii) is
20    familiar with various public places within the territorial
21    jurisdiction where the offense took place when the offense
22    took place. "Qualified person" includes any peace officer
23    or any member of any duly organized State, county, or
24    municipal peace officer unit assigned to the territorial
25    jurisdiction where the offense took place when the offense
26    took place;

 

 

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

 

 

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

 

 

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1finding and the basis for that finding in the record.
2    (c-2) If the defendant is sentenced to prison, other than
3when a sentence of natural life imprisonment or a sentence of
4death is imposed, at the time the sentence is imposed the judge
5shall state on the record in open court the approximate period
6of time the defendant will serve in custody according to the
7then current statutory rules and regulations for sentence
8credit found in Section 3-6-3 and other related provisions of
9this Code. This statement is intended solely to inform the
10public, has no legal effect on the defendant's actual release,
11and may not be relied on by the defendant on appeal.
12    The judge's statement, to be given after pronouncing the
13sentence, other than when the sentence is imposed for one of
14the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
15shall include the following:
16    "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois
20as applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, assuming the defendant receives all of his or her
23sentence credit, the period of estimated actual custody is ...
24years and ... months, less up to 180 days additional earned
25sentence credit. If the defendant, because of his or her own
26misconduct or failure to comply with the institutional

 

 

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1regulations, does not receive those credits, the actual time
2served in prison will be longer. The defendant may also
3receive an additional one-half day sentence credit for each
4day of participation in vocational, industry, substance abuse,
5and educational programs as provided for by Illinois statute."
6    When the sentence is imposed for one of the offenses
7enumerated in paragraph (a)(2) of Section 3-6-3, other than
8first degree murder, and the offense was committed on or after
9June 19, 1998, and when the sentence is imposed for reckless
10homicide as defined in subsection (e) of Section 9-3 of the
11Criminal Code of 1961 or the Criminal Code of 2012 if the
12offense was committed on or after January 1, 1999, and when the
13sentence is imposed for aggravated driving under the influence
14of alcohol, other drug or drugs, or intoxicating compound or
15compounds, or any combination thereof as defined in
16subparagraph (F) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code, and when the sentence is
18imposed for aggravated arson if the offense was committed on
19or after July 27, 2001 (the effective date of Public Act
2092-176), and when the sentence is imposed for aggravated
21driving under the influence of alcohol, other drug or drugs,
22or intoxicating compound or compounds, or any combination
23thereof as defined in subparagraph (C) of paragraph (1) of
24subsection (d) of Section 11-501 of the Illinois Vehicle Code
25committed on or after January 1, 2011 (the effective date of
26Public Act 96-1230), the judge's statement, to be given after

 

 

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1pronouncing the sentence, shall include the following:
2    "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois
6as applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, the defendant is entitled to no more than 4 1/2 days of
9sentence credit for each month of his or her sentence of
10imprisonment. Therefore, this defendant will serve at least
1185% of his or her sentence. Assuming the defendant receives 4
121/2 days credit for each month of his or her sentence, the
13period of estimated actual custody is ... years and ...
14months. If the defendant, because of his or her own misconduct
15or failure to comply with the institutional regulations
16receives lesser credit, the actual time served in prison will
17be longer."
18    When a sentence of imprisonment is imposed for first
19degree murder and the offense was committed on or after June
2019, 1998, the judge's statement, to be given after pronouncing
21the sentence, shall include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois
26as applied to this sentence by the Illinois Department of

 

 

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1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant is not entitled to sentence credit.
3Therefore, this defendant will serve 100% of his or her
4sentence."
5    When the sentencing order recommends placement in a
6substance abuse program for any offense that results in
7incarceration in a Department of Corrections facility and the
8crime was committed on or after September 1, 2003 (the
9effective date of Public Act 93-354), the judge's statement,
10in addition to any other judge's statement required under this
11Section, to be given after pronouncing the sentence, shall
12include the following:
13    "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois
17as applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant shall receive no earned sentence credit
20under clause (3) of subsection (a) of Section 3-6-3 until he or
21she participates in and completes a substance abuse treatment
22program or receives a waiver from the Director of Corrections
23pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
24    (c-4) Before the sentencing hearing and as part of the
25presentence investigation under Section 5-3-1, the court shall
26inquire of the defendant whether the defendant is currently

 

 

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1serving in or is a veteran of the Armed Forces of the United
2States. If the defendant is currently serving in the Armed
3Forces of the United States or is a veteran of the Armed Forces
4of the United States and has been diagnosed as having a mental
5illness by a qualified psychiatrist or clinical psychologist
6or physician, the court may:
7        (1) order that the officer preparing the presentence
8    report consult with the United States Department of
9    Veterans Affairs, Illinois Department of Veterans'
10    Affairs, or another agency or person with suitable
11    knowledge or experience for the purpose of providing the
12    court with information regarding treatment options
13    available to the defendant, including federal, State, and
14    local programming; and
15        (2) consider the treatment recommendations of any
16    diagnosing or treating mental health professionals
17    together with the treatment options available to the
18    defendant in imposing sentence.
19    For the purposes of this subsection (c-4), "qualified
20psychiatrist" means a reputable physician licensed in Illinois
21to practice medicine in all its branches, who has specialized
22in the diagnosis and treatment of mental and nervous disorders
23for a period of not less than 5 years.
24    (c-6) In imposing a sentence, the trial judge shall
25specify, on the record, the particular evidence and other
26reasons which led to his or her determination that a motor

 

 

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1vehicle was used in the commission of the offense.
2    (c-7) In imposing a sentence for a Class 3 or 4 felony,
3other than a violent crime as defined in Section 3 of the
4Rights of Crime Victims and Witnesses Act, the court shall
5determine and indicate in the sentencing order whether the
6defendant has 4 or more or fewer than 4 months remaining on his
7or her sentence accounting for time served.
8    (d) When the defendant is committed to the Department of
9Corrections, the State's Attorney shall and counsel for the
10defendant may file a statement with the clerk of the court to
11be transmitted to the department, agency or institution to
12which the defendant is committed to furnish such department,
13agency or institution with the facts and circumstances of the
14offense for which the person was committed together with all
15other factual information accessible to them in regard to the
16person prior to his commitment relative to his habits,
17associates, disposition and reputation and any other facts and
18circumstances which may aid such department, agency or
19institution during its custody of such person. The clerk shall
20within 10 days after receiving any such statements transmit a
21copy to such department, agency or institution and a copy to
22the other party, provided, however, that this shall not be
23cause for delay in conveying the person to the department,
24agency or institution to which he has been committed.
25    (e) The clerk of the court shall transmit to the
26department, agency or institution, if any, to which the

 

 

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

 

 

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1        (9) all additional matters which the court directs the
2    clerk to transmit.
3    (f) In cases in which the court finds that a motor vehicle
4was used in the commission of the offense for which the
5defendant is being sentenced, the clerk of the court shall,
6within 5 days thereafter, forward a report of such conviction
7to the Secretary of State.
8(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
9101-105, eff. 1-1-20.)
 
10    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
11    Sec. 5-8-6. Place of confinement.
12    (a) Except as otherwise provided in this subsection (a),
13offenders Offenders sentenced to a term of imprisonment for a
14felony shall be committed to the penitentiary system of the
15Department of Corrections. However, such sentence shall not
16limit the powers of the Department of Children and Family
17Services in relation to any child under the age of one year in
18the sole custody of a person so sentenced, nor in relation to
19any child delivered by a female so sentenced while she is so
20confined as a consequence of such sentence. Except as
21otherwise provided in this subsection (a), a A person
22sentenced for a felony may be assigned by the Department of
23Corrections to any of its institutions, facilities or
24programs. An offender sentenced to a term of imprisonment for
25a Class 3 or 4 felony, other than a violent crime as defined in

 

 

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1Section 3 of the Rights of Crime Victims and Witnesses Act, in
2which the sentencing order indicates that the offender has
3less than 4 months remaining on his or her sentence accounting
4for time served may not be confined in the penitentiary system
5of the Department of Corrections but may be assigned to
6electronic home detention under Article 8A of this Chapter V,
7an adult transition center, or another facility or program
8within the Department of Corrections.
9    (b) Offenders sentenced to a term of imprisonment for less
10than one year shall be committed to the custody of the sheriff.
11A person committed to the Department of Corrections, prior to
12July 14, 1983, for less than one year may be assigned by the
13Department to any of its institutions, facilities or programs.
14    (c) All offenders under 18 years of age when sentenced to
15imprisonment shall be committed to the Department of Juvenile
16Justice and the court in its order of commitment shall set a
17definite term. The provisions of Section 3-3-3 shall be a part
18of such commitment as fully as though written in the order of
19commitment. The place of confinement for sentences imposed
20before the effective date of this amendatory Act of the 99th
21General Assembly are not affected or abated by this amendatory
22Act of the 99th General Assembly.
23    (d) No defendant shall be committed to the Department of
24Corrections for the recovery of a fine or costs.
25    (e) When a court sentences a defendant to a term of
26imprisonment concurrent with a previous and unexpired sentence

 

 

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1of imprisonment imposed by any district court of the United
2States, it may commit the offender to the custody of the
3Attorney General of the United States. The Attorney General of
4the United States, or the authorized representative of the
5Attorney General of the United States, shall be furnished with
6the warrant of commitment from the court imposing sentence,
7which warrant of commitment shall provide that, when the
8offender is released from federal confinement, whether by
9parole or by termination of sentence, the offender shall be
10transferred by the Sheriff of the committing county to the
11Department of Corrections. The court shall cause the
12Department to be notified of such sentence at the time of
13commitment and to be provided with copies of all records
14regarding the sentence.
15(Source: P.A. 99-628, eff. 1-1-17.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2022.