Full Text of SB2091 103rd General Assembly
SB2091 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2091 Introduced 2/9/2023, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-7.1 | from Ch. 38, par. 12-7.1 |
730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
730 ILCS 5/5-5-3 | |
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Amends the Criminal Code of 2012. Provides that a hate crime is a Class X felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime, at the time of the offense, was under 18 years of age. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or
conditional discharge shall not be imposed for such offense. Provides that such offender shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Effective January 1, 2024.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 12-7.1 as follows:
| 6 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| 7 | | Sec. 12-7.1. Hate crime.
| 8 | | (a) A person commits hate crime when, by reason of the | 9 | | actual or
perceived race, color, creed, religion, ancestry, | 10 | | gender, sexual orientation,
physical or mental disability, | 11 | | citizenship, immigration status, or national origin of another | 12 | | individual or
group of individuals, regardless of the | 13 | | existence of any other motivating
factor or factors, he or she | 14 | | commits assault, battery, aggravated assault, intimidation, | 15 | | stalking, cyberstalking, misdemeanor
theft, criminal trespass | 16 | | to residence, misdemeanor criminal damage
to property, | 17 | | criminal trespass to vehicle, criminal trespass to real | 18 | | property,
mob action, disorderly conduct, transmission of | 19 | | obscene messages, harassment by telephone, or harassment | 20 | | through electronic
communications as these crimes are defined | 21 | | in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, | 22 | | 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs | 23 | | (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs |
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| 1 | | (a)(2) and (a)(5) of Section 26.5-3 of this Code,
| 2 | | respectively.
| 3 | | (b) Except as provided in subsection (b-5) or (b-6) , hate | 4 | | crime is a Class 4
felony for a first offense and a Class 2 | 5 | | felony for a second or subsequent
offense.
| 6 | | (b-5) Hate crime is a Class 3 felony for a first offense | 7 | | and a Class 2
felony for a second or subsequent offense if | 8 | | committed:
| 9 | | (1) in, or upon the exterior or grounds of, a church, | 10 | | synagogue, mosque, or other building, structure, or place
| 11 | | identified or associated with a particular religion or | 12 | | used for religious worship or other religious purpose;
| 13 | | (2) in a cemetery, mortuary, or other facility used | 14 | | for the purpose of
burial or memorializing the dead;
| 15 | | (3) in a school or other educational facility, | 16 | | including an administrative facility or public or private | 17 | | dormitory facility of or associated with the school or | 18 | | other educational facility;
| 19 | | (4) in a public park or an ethnic or religious | 20 | | community center;
| 21 | | (5) on the real property comprising any location | 22 | | specified in
clauses (1) through (4) of this subsection | 23 | | (b-5); or
| 24 | | (6) on a public way within 1,000 feet of the real | 25 | | property comprising any
location specified in clauses (1) | 26 | | through (4) of this subsection (b-5).
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| 1 | | (b-6) Hate crime is a Class X felony if committed by a | 2 | | person 18 years of age or older while armed with a firearm or | 3 | | if the victim of the hate crime, at the time of the offense, | 4 | | was under 18 years of age. | 5 | | (b-10) Upon imposition of any sentence,
the trial
court | 6 | | shall also either order restitution paid to the victim
or | 7 | | impose a fine in an amount to be determined by the court based | 8 | | on the severity of the crime and the injury or damages suffered | 9 | | by the victim. In addition, any order of probation or
| 10 | | conditional discharge entered following a conviction or an | 11 | | adjudication of
delinquency shall include a condition that the | 12 | | offender perform public or
community service of no less than | 13 | | 200 hours if that service is established in
the county where | 14 | | the offender was convicted of hate crime. In addition, any | 15 | | order of probation or
conditional discharge entered following | 16 | | a conviction or an adjudication of
delinquency shall include a | 17 | | condition that the offender enroll in an educational program | 18 | | discouraging hate crimes involving the protected class | 19 | | identified in subsection (a) that gave rise to the offense the | 20 | | offender committed. The educational program must be attended | 21 | | by the offender in-person and may be administered, as | 22 | | determined by the court, by a university, college, community | 23 | | college, non-profit organization, the Illinois Holocaust and | 24 | | Genocide Commission, or any other organization that provides | 25 | | educational programs discouraging hate crimes, except that | 26 | | programs administered online or that can otherwise be attended |
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| 1 | | remotely are prohibited. The court may also
impose any other | 2 | | condition of probation or conditional discharge under this
| 3 | | Section. If the court sentences the offender to imprisonment | 4 | | or periodic imprisonment for a violation of this Section, as a | 5 | | condition of the offender's mandatory supervised release, the | 6 | | court shall require that the offender perform public or | 7 | | community service of no less than 200 hours and enroll in an | 8 | | educational program discouraging hate crimes involving the | 9 | | protected class
identified in subsection (a) that gave rise to | 10 | | the offense the offender committed.
| 11 | | (c) Independent of any criminal prosecution or the result
| 12 | | of a criminal prosecution, any
person suffering injury to his | 13 | | or her person, damage to his or her property, intimidation as | 14 | | defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | 15 | | 12-6 of this Code, stalking as defined in Section 12-7.3 of | 16 | | this Code, cyberstalking as defined in Section 12-7.5 of this | 17 | | Code, disorderly conduct as defined in paragraph (a)(1), | 18 | | (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, | 19 | | transmission of obscene messages as defined in Section 26.5-1 | 20 | | of this Code, harassment by telephone as defined in Section | 21 | | 26.5-2 of this Code, or harassment through electronic | 22 | | communications as defined in paragraphs (a)(2) and (a)(5) of | 23 | | Section 26.5-3 of this Code as a result
of a hate crime may | 24 | | bring a civil action for damages, injunction
or other | 25 | | appropriate relief. The court may award actual damages, | 26 | | including
damages for emotional distress, as well as punitive |
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| 1 | | damages. The court may impose a civil penalty up to $25,000 for | 2 | | each violation of this subsection (c). A judgment in favor of a | 3 | | person who brings a civil action under this subsection (c) | 4 | | shall include
attorney's fees and costs. After consulting with | 5 | | the local State's Attorney, the Attorney General may bring a | 6 | | civil action in the name of the People of the State for an | 7 | | injunction or other equitable relief under this subsection | 8 | | (c). In addition, the Attorney General may request and the | 9 | | court may impose a civil penalty up to $25,000 for each | 10 | | violation under this subsection (c). The parents or legal | 11 | | guardians, other than
guardians appointed pursuant to the | 12 | | Juvenile Court Act or the Juvenile
Court Act of 1987, of an | 13 | | unemancipated minor shall be liable for the amount
of any | 14 | | judgment for all damages rendered against such minor under | 15 | | this
subsection (c) in any amount not exceeding the amount | 16 | | provided under
Section 5 of the Parental Responsibility Law.
| 17 | | (d) "Sexual orientation" has the meaning ascribed to it in | 18 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 19 | | Act.
| 20 | | (Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; | 21 | | 102-813, eff. 5-13-22.)
| 22 | | Section 10. The Unified Code of Corrections is amended by | 23 | | changing Sections 3-6-3 and 5-5-3 as follows:
| 24 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| 1 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 2 | | (a)(1) The Department of Corrections shall prescribe rules
| 3 | | and regulations for awarding and revoking sentence credit for | 4 | | persons committed to the Department of Corrections and the | 5 | | Department of Juvenile Justice shall prescribe rules and | 6 | | regulations for awarding and revoking sentence credit for | 7 | | persons committed to the Department of Juvenile Justice under | 8 | | Section 5-8-6 of the Unified Code of Corrections, which shall
| 9 | | be subject to review by the Prisoner Review Board.
| 10 | | (1.5) As otherwise provided by law, sentence credit may be | 11 | | awarded for the following: | 12 | | (A) successful completion of programming while in | 13 | | custody of the Department of Corrections or the Department | 14 | | of Juvenile Justice or while in custody prior to | 15 | | sentencing; | 16 | | (B) compliance with the rules and regulations of the | 17 | | Department; or | 18 | | (C) service to the institution, service to a | 19 | | community, or service to the State. | 20 | | (2) Except as provided in paragraph (4.7) of this | 21 | | subsection (a), the rules and regulations on sentence credit | 22 | | shall provide, with
respect to offenses listed in clause (i), | 23 | | (ii), or (iii) of this paragraph (2) committed on or after June | 24 | | 19, 1998 or with respect to the offense listed in clause (iv) | 25 | | of this paragraph (2) committed on or after June 23, 2005 (the | 26 | | effective date of Public Act 94-71) or with
respect to offense |
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| 1 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 2 | | effective date of Public Act 95-625)
or with respect to the | 3 | | offense of being an armed habitual criminal committed on or | 4 | | after August 2, 2005 (the effective date of Public Act 94-398) | 5 | | or with respect to the offenses listed in clause (v) of this | 6 | | paragraph (2) committed on or after August 13, 2007 (the | 7 | | effective date of Public Act 95-134) or with respect to the | 8 | | offense of aggravated domestic battery committed on or after | 9 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 10 | | with respect to the offense of attempt to commit terrorism | 11 | | committed on or after January 1, 2013 (the effective date of | 12 | | Public Act 97-990) or with respect to the offenses listed in | 13 | | clause (viii) committed on or after the effective date of this | 14 | | amendatory Act of the 103rd General Assembly , the following:
| 15 | | (i) that a prisoner who is serving a term of | 16 | | imprisonment for first
degree murder or for the offense of | 17 | | terrorism shall receive no sentence
credit and shall serve | 18 | | the entire
sentence imposed by the court;
| 19 | | (ii) that a prisoner serving a sentence for attempt to | 20 | | commit terrorism, attempt to commit first
degree murder, | 21 | | solicitation of murder, solicitation of murder for hire,
| 22 | | intentional homicide of an unborn child, predatory | 23 | | criminal sexual assault of a
child, aggravated criminal | 24 | | sexual assault, criminal sexual assault, aggravated
| 25 | | kidnapping, aggravated battery with a firearm as described | 26 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), |
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| 1 | | or (e)(4) of Section 12-3.05, heinous battery as described | 2 | | in Section 12-4.1 or subdivision (a)(2) of Section | 3 | | 12-3.05, being an armed habitual criminal, aggravated
| 4 | | battery of a senior citizen as described in Section 12-4.6 | 5 | | or subdivision (a)(4) of Section 12-3.05, or aggravated | 6 | | battery of a child as described in Section 12-4.3 or | 7 | | subdivision (b)(1) of Section 12-3.05 shall receive no
| 8 | | more than 4.5 days of sentence credit for each month of his | 9 | | or her sentence
of imprisonment;
| 10 | | (iii) that a prisoner serving a sentence
for home | 11 | | invasion, armed robbery, aggravated vehicular hijacking,
| 12 | | aggravated discharge of a firearm, or armed violence with | 13 | | a category I weapon
or category II weapon, when the court
| 14 | | has made and entered a finding, pursuant to subsection | 15 | | (c-1) of Section 5-4-1
of this Code, that the conduct | 16 | | leading to conviction for the enumerated offense
resulted | 17 | | in great bodily harm to a victim, shall receive no more | 18 | | than 4.5 days
of sentence credit for each month of his or | 19 | | her sentence of imprisonment;
| 20 | | (iv) that a prisoner serving a sentence for aggravated | 21 | | discharge of a firearm, whether or not the conduct leading | 22 | | to conviction for the offense resulted in great bodily | 23 | | harm to the victim, shall receive no more than 4.5 days of | 24 | | sentence credit for each month of his or her sentence of | 25 | | imprisonment;
| 26 | | (v) that a person serving a sentence for gunrunning, |
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| 1 | | narcotics racketeering, controlled substance trafficking, | 2 | | methamphetamine trafficking, drug-induced homicide, | 3 | | aggravated methamphetamine-related child endangerment, | 4 | | money laundering pursuant to clause (c) (4) or (5) of | 5 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012, or a Class X felony conviction for delivery | 7 | | of a controlled substance, possession of a controlled | 8 | | substance with intent to manufacture or deliver, | 9 | | calculated criminal drug conspiracy, criminal drug | 10 | | conspiracy, street gang criminal drug conspiracy, | 11 | | participation in methamphetamine manufacturing, | 12 | | aggravated participation in methamphetamine | 13 | | manufacturing, delivery of methamphetamine, possession | 14 | | with intent to deliver methamphetamine, aggravated | 15 | | delivery of methamphetamine, aggravated possession with | 16 | | intent to deliver methamphetamine, methamphetamine | 17 | | conspiracy when the substance containing the controlled | 18 | | substance or methamphetamine is 100 grams or more shall | 19 | | receive no more than 7.5 days sentence credit for each | 20 | | month of his or her sentence of imprisonment;
| 21 | | (vi)
that a prisoner serving a sentence for a second | 22 | | or subsequent offense of luring a minor shall receive no | 23 | | more than 4.5 days of sentence credit for each month of his | 24 | | or her sentence of imprisonment; and
| 25 | | (vii) that a prisoner serving a sentence for | 26 | | aggravated domestic battery shall receive no more than 4.5 |
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| 1 | | days of sentence credit for each month of his or her | 2 | | sentence of imprisonment ; and . | 3 | | (viii) that a prisoner serving a sentence for a hate | 4 | | crime if committed by the prisoner when the prisoner was | 5 | | at least 18 years of age while armed with a firearm or if | 6 | | the victim of the hate crime, at the time of the offense, | 7 | | was under 18 years of age, shall receive no more than 4.5 | 8 | | days of sentence credit for each month of his or her | 9 | | sentence of imprisonment. | 10 | | (2.1) For all offenses, other than those enumerated in | 11 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 12 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 13 | | June 23, 2005 (the effective date of Public Act 94-71) or | 14 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 15 | | (the effective date of Public Act 95-134)
or subdivision | 16 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 17 | | date of Public Act 95-625) or subdivision (a)(2)(vii) | 18 | | committed on or after July 23, 2010 (the effective date of | 19 | | Public Act 96-1224), and other than the offense of aggravated | 20 | | driving under the influence of alcohol, other drug or drugs, | 21 | | or
intoxicating compound or compounds, or any combination | 22 | | thereof as defined in
subparagraph (F) of paragraph (1) of | 23 | | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | 24 | | and other than the offense of aggravated driving under the | 25 | | influence of alcohol,
other drug or drugs, or intoxicating | 26 | | compound or compounds, or any combination
thereof as defined |
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| 1 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 2 | | Section 11-501 of the Illinois Vehicle Code committed on or | 3 | | after January 1, 2011 (the effective date of Public Act | 4 | | 96-1230) and other than the offense enumerated in subdivision | 5 | | (a)(2)(viii) committed on or after the effective date of this | 6 | | amendatory Act of the 103rd General Assembly ,
the rules and | 7 | | regulations shall
provide that a prisoner who is serving a | 8 | | term of
imprisonment shall receive one day of sentence credit | 9 | | for each day of
his or her sentence of imprisonment or | 10 | | recommitment under Section 3-3-9.
Each day of sentence credit | 11 | | shall reduce by one day the prisoner's period
of imprisonment | 12 | | or recommitment under Section 3-3-9.
| 13 | | (2.2) A prisoner serving a term of natural life | 14 | | imprisonment or a
prisoner who has been sentenced to death | 15 | | shall receive no sentence
credit.
| 16 | | (2.3) Except as provided in paragraph (4.7) of this | 17 | | subsection (a), the rules and regulations on sentence credit | 18 | | shall provide that
a prisoner who is serving a sentence for | 19 | | aggravated driving under the influence of alcohol,
other drug | 20 | | or drugs, or intoxicating compound or compounds, or any | 21 | | combination
thereof as defined in subparagraph (F) of | 22 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 23 | | Illinois Vehicle Code, shall receive no more than 4.5
days of | 24 | | sentence credit for each month of his or her sentence of
| 25 | | imprisonment.
| 26 | | (2.4) Except as provided in paragraph (4.7) of this |
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| 1 | | subsection (a), the rules and regulations on sentence credit | 2 | | shall provide with
respect to the offenses of aggravated | 3 | | battery with a machine gun or a firearm
equipped with any | 4 | | device or attachment designed or used for silencing the
report | 5 | | of a firearm or aggravated discharge of a machine gun or a | 6 | | firearm
equipped with any device or attachment designed or | 7 | | used for silencing the
report of a firearm, committed on or | 8 | | after
July 15, 1999 (the effective date of Public Act 91-121),
| 9 | | that a prisoner serving a sentence for any of these offenses | 10 | | shall receive no
more than 4.5 days of sentence credit for each | 11 | | month of his or her sentence
of imprisonment.
| 12 | | (2.5) Except as provided in paragraph (4.7) of this | 13 | | subsection (a), the rules and regulations on sentence credit | 14 | | shall provide that a
prisoner who is serving a sentence for | 15 | | aggravated arson committed on or after
July 27, 2001 (the | 16 | | effective date of Public Act 92-176) shall receive no more | 17 | | than
4.5 days of sentence credit for each month of his or her | 18 | | sentence of
imprisonment.
| 19 | | (2.6) Except as provided in paragraph (4.7) of this | 20 | | subsection (a), the rules and regulations on sentence credit | 21 | | shall provide that a
prisoner who is serving a sentence for | 22 | | aggravated driving under the influence of alcohol,
other drug | 23 | | or drugs, or intoxicating compound or compounds or any | 24 | | combination
thereof as defined in subparagraph (C) of | 25 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 26 | | Illinois Vehicle Code committed on or after January 1, 2011 |
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| 1 | | (the effective date of Public Act 96-1230) shall receive no | 2 | | more than 4.5
days of sentence credit for each month of his or | 3 | | her sentence of
imprisonment. | 4 | | (3) In addition to the sentence credits earned under | 5 | | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | 6 | | subsection (a), the rules and regulations shall also provide | 7 | | that
the Director of Corrections or the Director of Juvenile | 8 | | Justice may award up to 180 days of earned sentence
credit for | 9 | | prisoners serving a sentence of incarceration of less than 5 | 10 | | years, and up to 365 days of earned sentence credit for | 11 | | prisoners serving a sentence of 5 years or longer. The | 12 | | Director may grant this credit for good conduct in specific | 13 | | instances as either
Director deems proper for eligible persons | 14 | | in the custody of each Director's respective Department. The | 15 | | good conduct may include, but is not limited to, compliance | 16 | | with the rules and regulations of the Department, service to | 17 | | the Department, service to a community, or service to the | 18 | | State.
| 19 | | Eligible inmates for an award of earned sentence credit | 20 | | under
this paragraph (3) may be selected to receive the credit | 21 | | at
either Director's or his or her designee's sole discretion.
| 22 | | Eligibility for the additional earned sentence credit under | 23 | | this paragraph (3) may be based on, but is not limited to, | 24 | | participation in programming offered by the Department as | 25 | | appropriate for the prisoner based on the results of any | 26 | | available risk/needs assessment or other relevant assessments |
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| 1 | | or evaluations administered by the Department using a | 2 | | validated instrument, the circumstances of the crime, | 3 | | demonstrated commitment to rehabilitation by a prisoner with a | 4 | | history of conviction for a forcible felony enumerated in | 5 | | Section 2-8 of the Criminal Code of 2012, the inmate's | 6 | | behavior and improvements in disciplinary history while | 7 | | incarcerated, and the inmate's commitment to rehabilitation, | 8 | | including participation in programming offered by the | 9 | | Department. | 10 | | The Director of Corrections or the Director of Juvenile | 11 | | Justice shall not award sentence credit under this paragraph | 12 | | (3) to an inmate unless the inmate has served a minimum of 60 | 13 | | days of the sentence; except nothing in this paragraph shall | 14 | | be construed to permit either Director to extend an inmate's | 15 | | sentence beyond that which was imposed by the court. Prior to | 16 | | awarding credit under this paragraph (3), each Director shall | 17 | | make a written determination that the inmate: | 18 | | (A) is eligible for the earned sentence credit; | 19 | | (B) has served a minimum of 60 days, or as close to 60 | 20 | | days as the sentence will allow; | 21 | | (B-1) has received a risk/needs assessment or other | 22 | | relevant evaluation or assessment administered by the | 23 | | Department using a validated instrument; and | 24 | | (C) has met the eligibility criteria established by | 25 | | rule for earned sentence credit. | 26 | | The Director of Corrections or the Director of Juvenile |
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| 1 | | Justice shall determine the form and content of the written | 2 | | determination required in this subsection. | 3 | | (3.5) The Department shall provide annual written reports | 4 | | to the Governor and the General Assembly on the award of earned | 5 | | sentence credit no later than February 1 of each year. The | 6 | | Department must publish both reports on its website within 48 | 7 | | hours of transmitting the reports to the Governor and the | 8 | | General Assembly. The reports must include: | 9 | | (A) the number of inmates awarded earned sentence | 10 | | credit; | 11 | | (B) the average amount of earned sentence credit | 12 | | awarded; | 13 | | (C) the holding offenses of inmates awarded earned | 14 | | sentence credit; and | 15 | | (D) the number of earned sentence credit revocations. | 16 | | (4)(A) Except as provided in paragraph (4.7) of this | 17 | | subsection (a), the rules and regulations shall also provide | 18 | | that any prisoner who is engaged full-time in substance abuse | 19 | | programs, correctional
industry assignments, educational | 20 | | programs, work-release programs or activities in accordance | 21 | | with Article 13 of Chapter III of this Code, behavior | 22 | | modification programs, life skills courses, or re-entry | 23 | | planning provided by the Department
under this paragraph (4) | 24 | | and satisfactorily completes the assigned program as
| 25 | | determined by the standards of the Department, shall receive | 26 | | one day of sentence credit for each day in which that prisoner |
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| 1 | | is engaged in the activities described in this paragraph.
The | 2 | | rules and regulations shall also provide that sentence credit | 3 | | may be provided to an inmate who was held in pre-trial | 4 | | detention prior to his or her current commitment to the | 5 | | Department of Corrections and successfully completed a | 6 | | full-time, 60-day or longer substance abuse program, | 7 | | educational program, behavior modification program, life | 8 | | skills course, or re-entry planning provided by the county | 9 | | department of corrections or county jail. Calculation of this | 10 | | county program credit shall be done at sentencing as provided | 11 | | in Section 5-4.5-100 of this Code and shall be included in the | 12 | | sentencing order. The rules and regulations shall also provide | 13 | | that sentence credit may be provided to an inmate who is in | 14 | | compliance with programming requirements in an adult | 15 | | transition center.
| 16 | | (B) The Department shall award sentence credit under this | 17 | | paragraph (4) accumulated prior to January 1, 2020 (the | 18 | | effective date of Public Act 101-440) in an amount specified | 19 | | in subparagraph (C) of this paragraph (4) to an inmate serving | 20 | | a sentence for an offense committed prior to June 19, 1998, if | 21 | | the Department determines that the inmate is entitled to this | 22 | | sentence credit, based upon: | 23 | | (i) documentation provided by the Department that the | 24 | | inmate engaged in any full-time substance abuse programs, | 25 | | correctional industry assignments, educational programs, | 26 | | behavior modification programs, life skills courses, or |
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| 1 | | re-entry planning provided by the Department under this | 2 | | paragraph (4) and satisfactorily completed the assigned | 3 | | program as determined by the standards of the Department | 4 | | during the inmate's current term of incarceration; or | 5 | | (ii) the inmate's own testimony in the form of an | 6 | | affidavit or documentation, or a third party's | 7 | | documentation or testimony in the form of an affidavit | 8 | | that the inmate likely engaged in any full-time substance | 9 | | abuse programs, correctional industry assignments, | 10 | | educational programs, behavior modification programs, life | 11 | | skills courses, or re-entry planning provided by the | 12 | | Department under paragraph (4) and satisfactorily | 13 | | completed the assigned program as determined by the | 14 | | standards of the Department during the inmate's current | 15 | | term of incarceration. | 16 | | (C) If the inmate can provide documentation that he or she | 17 | | is entitled to sentence credit under subparagraph (B) in | 18 | | excess of 45 days of participation in those programs, the | 19 | | inmate shall receive 90 days of sentence credit. If the inmate | 20 | | cannot provide documentation of more than 45 days of | 21 | | participation in those programs, the inmate shall receive 45 | 22 | | days of sentence credit. In the event of a disagreement | 23 | | between the Department and the inmate as to the amount of | 24 | | credit accumulated under subparagraph (B), if the Department | 25 | | provides documented proof of a lesser amount of days of | 26 | | participation in those programs, that proof shall control. If |
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| 1 | | the Department provides no documentary proof, the inmate's | 2 | | proof as set forth in clause (ii) of subparagraph (B) shall | 3 | | control as to the amount of sentence credit provided. | 4 | | (D) If the inmate has been convicted of a sex offense as | 5 | | defined in Section 2 of the Sex Offender Registration Act, | 6 | | sentencing credits under subparagraph (B) of this paragraph | 7 | | (4) shall be awarded by the Department only if the conditions | 8 | | set forth in paragraph (4.6) of subsection (a) are satisfied. | 9 | | No inmate serving a term of natural life imprisonment shall | 10 | | receive sentence credit under subparagraph (B) of this | 11 | | paragraph (4). | 12 | | Educational, vocational, substance abuse, behavior | 13 | | modification programs, life skills courses, re-entry planning, | 14 | | and correctional
industry programs under which sentence credit | 15 | | may be earned under
this paragraph (4) and paragraph (4.1) of | 16 | | this subsection (a) shall be evaluated by the Department on | 17 | | the basis of
documented standards. The Department shall report | 18 | | the results of these
evaluations to the Governor and the | 19 | | General Assembly by September 30th of each
year. The reports | 20 | | shall include data relating to the recidivism rate among
| 21 | | program participants.
| 22 | | Availability of these programs shall be subject to the
| 23 | | limits of fiscal resources appropriated by the General | 24 | | Assembly for these
purposes. Eligible inmates who are denied | 25 | | immediate admission shall be
placed on a waiting list under | 26 | | criteria established by the Department. The rules and |
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| 1 | | regulations shall provide that a prisoner who has been placed | 2 | | on a waiting list but is transferred for non-disciplinary | 3 | | reasons before beginning a program shall receive priority | 4 | | placement on the waitlist for appropriate programs at the new | 5 | | facility.
The inability of any inmate to become engaged in any | 6 | | such programs
by reason of insufficient program resources or | 7 | | for any other reason
established under the rules and | 8 | | regulations of the Department shall not be
deemed a cause of | 9 | | action under which the Department or any employee or
agent of | 10 | | the Department shall be liable for damages to the inmate. The | 11 | | rules and regulations shall provide that a prisoner who begins | 12 | | an educational, vocational, substance abuse, work-release | 13 | | programs or activities in accordance with Article 13 of | 14 | | Chapter III of this Code, behavior modification program, life | 15 | | skills course, re-entry planning, or correctional industry | 16 | | programs but is unable to complete the program due to illness, | 17 | | disability, transfer, lockdown, or another reason outside of | 18 | | the prisoner's control shall receive prorated sentence credits | 19 | | for the days in which the prisoner did participate.
| 20 | | (4.1) Except as provided in paragraph (4.7) of this | 21 | | subsection (a), the rules and regulations shall also provide | 22 | | that an additional 90 days of sentence credit shall be awarded | 23 | | to any prisoner who passes high school equivalency testing | 24 | | while the prisoner is committed to the Department of | 25 | | Corrections. The sentence credit awarded under this paragraph | 26 | | (4.1) shall be in addition to, and shall not affect, the award |
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| 1 | | of sentence credit under any other paragraph of this Section, | 2 | | but shall also be pursuant to the guidelines and restrictions | 3 | | set forth in paragraph (4) of subsection (a) of this Section.
| 4 | | The sentence credit provided for in this paragraph shall be | 5 | | available only to those prisoners who have not previously | 6 | | earned a high school diploma or a State of Illinois High School | 7 | | Diploma. If, after an award of the high school equivalency | 8 | | testing sentence credit has been made, the Department | 9 | | determines that the prisoner was not eligible, then the award | 10 | | shall be revoked.
The Department may also award 90 days of | 11 | | sentence credit to any committed person who passed high school | 12 | | equivalency testing while he or she was held in pre-trial | 13 | | detention prior to the current commitment to the Department of | 14 | | Corrections. Except as provided in paragraph (4.7) of this | 15 | | subsection (a), the rules and regulations shall provide that | 16 | | an additional 120 days of sentence credit shall be awarded to | 17 | | any prisoner who obtains an associate degree while the | 18 | | prisoner is committed to the Department of Corrections, | 19 | | regardless of the date that the associate degree was obtained, | 20 | | including if prior to July 1, 2021 (the effective date of | 21 | | Public Act 101-652). The sentence credit awarded under this | 22 | | paragraph (4.1) shall be in addition to, and shall not affect, | 23 | | the award of sentence credit under any other paragraph of this | 24 | | Section, but shall also be under the guidelines and | 25 | | restrictions set forth in paragraph (4) of subsection (a) of | 26 | | this Section. The sentence credit provided for in this |
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| 1 | | paragraph (4.1) shall be available only to those prisoners who | 2 | | have not previously earned an associate degree prior to the | 3 | | current commitment to the Department of Corrections. If, after | 4 | | an award of the associate degree sentence credit has been made | 5 | | and the Department determines that the prisoner was not | 6 | | eligible, then the award shall be revoked. The Department may | 7 | | also award 120 days of sentence credit to any committed person | 8 | | who earned an associate degree while he or she was held in | 9 | | pre-trial detention prior to the current commitment to the | 10 | | Department of Corrections. | 11 | | Except as provided in paragraph (4.7) of this subsection | 12 | | (a), the rules and regulations shall provide that an | 13 | | additional 180 days of sentence credit shall be awarded to any | 14 | | prisoner who obtains a bachelor's degree while the prisoner is | 15 | | committed to the Department of Corrections. The sentence | 16 | | credit awarded under this paragraph (4.1) shall be in addition | 17 | | to, and shall not affect, the award of sentence credit under | 18 | | any other paragraph of this Section, but shall also be under | 19 | | the guidelines and restrictions set forth in paragraph (4) of | 20 | | this subsection (a). The sentence credit provided for in this | 21 | | paragraph shall be available only to those prisoners who have | 22 | | not earned a bachelor's degree prior to the current commitment | 23 | | to the Department of Corrections. If, after an award of the | 24 | | bachelor's degree sentence credit has been made, the | 25 | | Department determines that the prisoner was not eligible, then | 26 | | the award shall be revoked. The Department may also award 180 |
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| 1 | | days of sentence credit to any committed person who earned a | 2 | | bachelor's degree while he or she was held in pre-trial | 3 | | detention prior to the current commitment to the Department of | 4 | | Corrections. | 5 | | Except as provided in paragraph (4.7) of this subsection | 6 | | (a), the rules and regulations shall provide that an | 7 | | additional 180 days of sentence credit shall be awarded to any | 8 | | prisoner who obtains a master's or professional degree while | 9 | | the prisoner is committed to the Department of Corrections. | 10 | | The sentence credit awarded under this paragraph (4.1) shall | 11 | | be in addition to, and shall not affect, the award of sentence | 12 | | credit under any other paragraph of this Section, but shall | 13 | | also be under the guidelines and restrictions set forth in | 14 | | paragraph (4) of this subsection (a). The sentence credit | 15 | | provided for in this paragraph shall be available only to | 16 | | those prisoners who have not previously earned a master's or | 17 | | professional degree prior to the current commitment to the | 18 | | Department of Corrections. If, after an award of the master's | 19 | | or professional degree sentence credit has been made, the | 20 | | Department determines that the prisoner was not eligible, then | 21 | | the award shall be revoked. The Department may also award 180 | 22 | | days of sentence credit to any committed person who earned a | 23 | | master's or professional degree while he or she was held in | 24 | | pre-trial detention prior to the current commitment to the | 25 | | Department of Corrections. | 26 | | (4.2) The rules and regulations shall also provide that |
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| 1 | | any prisoner engaged in self-improvement programs, volunteer | 2 | | work, or work assignments that are not otherwise eligible | 3 | | activities under paragraph (4), shall receive up to 0.5 days | 4 | | of sentence credit for each day in which the prisoner is | 5 | | engaged in activities described in this paragraph. | 6 | | (4.5) The rules and regulations on sentence credit shall | 7 | | also provide that
when the court's sentencing order recommends | 8 | | a prisoner for substance abuse treatment and the
crime was | 9 | | committed on or after September 1, 2003 (the effective date of
| 10 | | Public Act 93-354), the prisoner shall receive no sentence | 11 | | credit awarded under clause (3) of this subsection (a) unless | 12 | | he or she participates in and
completes a substance abuse | 13 | | treatment program. The Director of Corrections may waive the | 14 | | requirement to participate in or complete a substance abuse | 15 | | treatment program in specific instances if the prisoner is not | 16 | | a good candidate for a substance abuse treatment program for | 17 | | medical, programming, or operational reasons. Availability of
| 18 | | substance abuse treatment shall be subject to the limits of | 19 | | fiscal resources
appropriated by the General Assembly for | 20 | | these purposes. If treatment is not
available and the | 21 | | requirement to participate and complete the treatment has not | 22 | | been waived by the Director, the prisoner shall be placed on a | 23 | | waiting list under criteria
established by the Department. The | 24 | | Director may allow a prisoner placed on
a waiting list to | 25 | | participate in and complete a substance abuse education class | 26 | | or attend substance
abuse self-help meetings in lieu of a |
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| 1 | | substance abuse treatment program. A prisoner on a waiting | 2 | | list who is not placed in a substance abuse program prior to | 3 | | release may be eligible for a waiver and receive sentence | 4 | | credit under clause (3) of this subsection (a) at the | 5 | | discretion of the Director.
| 6 | | (4.6) The rules and regulations on sentence credit shall | 7 | | also provide that a prisoner who has been convicted of a sex | 8 | | offense as defined in Section 2 of the Sex Offender | 9 | | Registration Act shall receive no sentence credit unless he or | 10 | | she either has successfully completed or is participating in | 11 | | sex offender treatment as defined by the Sex Offender | 12 | | Management Board. However, prisoners who are waiting to | 13 | | receive treatment, but who are unable to do so due solely to | 14 | | the lack of resources on the part of the Department, may, at | 15 | | either Director's sole discretion, be awarded sentence credit | 16 | | at a rate as the Director shall determine. | 17 | | (4.7) On or after January 1, 2018 (the effective date of | 18 | | Public Act 100-3), sentence credit under paragraph (3), (4), | 19 | | or (4.1) of this subsection (a) may be awarded to a prisoner | 20 | | who is serving a sentence for an offense described in | 21 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 22 | | on or after January 1, 2018 (the effective date of Public Act | 23 | | 100-3); provided, the award of the credits under this | 24 | | paragraph (4.7) shall not reduce the sentence of the prisoner | 25 | | to less than the following amounts: | 26 | | (i) 85% of his or her sentence if the prisoner is |
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| 1 | | required to serve 85% of his or her sentence; or | 2 | | (ii) 60% of his or her sentence if the prisoner is | 3 | | required to serve 75% of his or her sentence, except if the | 4 | | prisoner is serving a sentence for gunrunning his or her | 5 | | sentence shall not be reduced to less than 75%. | 6 | | (iii) 100% of his or her sentence if the prisoner is | 7 | | required to serve 100% of his or her sentence. | 8 | | (5) Whenever the Department is to release any inmate | 9 | | earlier than it
otherwise would because of a grant of earned | 10 | | sentence credit under paragraph (3) of subsection (a) of this | 11 | | Section given at any time during the term, the Department | 12 | | shall give
reasonable notice of the impending release not less | 13 | | than 14 days prior to the date of the release to the State's
| 14 | | Attorney of the county where the prosecution of the inmate | 15 | | took place, and if applicable, the State's Attorney of the | 16 | | county into which the inmate will be released. The Department | 17 | | must also make identification information and a recent photo | 18 | | of the inmate being released accessible on the Internet by | 19 | | means of a hyperlink labeled "Community Notification of Inmate | 20 | | Early Release" on the Department's World Wide Web homepage.
| 21 | | The identification information shall include the inmate's: | 22 | | name, any known alias, date of birth, physical | 23 | | characteristics, commitment offense, and county where | 24 | | conviction was imposed. The identification information shall | 25 | | be placed on the website within 3 days of the inmate's release | 26 | | and the information may not be removed until either: |
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| 1 | | completion of the first year of mandatory supervised release | 2 | | or return of the inmate to custody of the Department.
| 3 | | (b) Whenever a person is or has been committed under
| 4 | | several convictions, with separate sentences, the sentences
| 5 | | shall be construed under Section 5-8-4 in granting and
| 6 | | forfeiting of sentence credit.
| 7 | | (c) (1) The Department shall prescribe rules and | 8 | | regulations
for revoking sentence credit, including revoking | 9 | | sentence credit awarded under paragraph (3) of subsection (a) | 10 | | of this Section. The Department shall prescribe rules and | 11 | | regulations establishing and requiring the use of a sanctions | 12 | | matrix for revoking sentence credit. The Department shall | 13 | | prescribe rules and regulations for suspending or reducing
the | 14 | | rate of accumulation of sentence credit for specific
rule | 15 | | violations, during imprisonment. These rules and regulations
| 16 | | shall provide that no inmate may be penalized more than one
| 17 | | year of sentence credit for any one infraction.
| 18 | | (2) When the Department seeks to revoke, suspend, or | 19 | | reduce
the rate of accumulation of any sentence credits for
an | 20 | | alleged infraction of its rules, it shall bring charges
| 21 | | therefor against the prisoner sought to be so deprived of
| 22 | | sentence credits before the Prisoner Review Board as
provided | 23 | | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 24 | | amount of credit at issue exceeds 30 days, whether from one | 25 | | infraction or cumulatively from multiple infractions arising | 26 | | out of a single event, or
when, during any 12-month period, the |
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| 1 | | cumulative amount of
credit revoked exceeds 30 days except | 2 | | where the infraction is committed
or discovered within 60 days | 3 | | of scheduled release. In those cases,
the Department of | 4 | | Corrections may revoke up to 30 days of sentence credit.
The | 5 | | Board may subsequently approve the revocation of additional | 6 | | sentence credit, if the Department seeks to revoke sentence | 7 | | credit in
excess of 30 days. However, the Board shall not be | 8 | | empowered to review the
Department's decision with respect to | 9 | | the loss of 30 days of sentence
credit within any calendar year | 10 | | for any prisoner or to increase any penalty
beyond the length | 11 | | requested by the Department.
| 12 | | (3) The Director of Corrections or the Director of | 13 | | Juvenile Justice, in appropriate cases, may
restore sentence | 14 | | credits which have been revoked, suspended,
or reduced. The | 15 | | Department shall prescribe rules and regulations governing the | 16 | | restoration of sentence credits. These rules and regulations | 17 | | shall provide for the automatic restoration of sentence | 18 | | credits following a period in which the prisoner maintains a | 19 | | record without a disciplinary violation.
| 20 | | Nothing contained in this Section shall prohibit the | 21 | | Prisoner Review Board
from ordering, pursuant to Section | 22 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 23 | | sentence imposed by the court that was not served due to the
| 24 | | accumulation of sentence credit.
| 25 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 26 | | federal court
against the State, the Department of |
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| 1 | | Corrections, or the Prisoner Review Board,
or against any of
| 2 | | their officers or employees, and the court makes a specific | 3 | | finding that a
pleading, motion, or other paper filed by the | 4 | | prisoner is frivolous, the
Department of Corrections shall | 5 | | conduct a hearing to revoke up to
180 days of sentence credit | 6 | | by bringing charges against the prisoner
sought to be deprived | 7 | | of the sentence credits before the Prisoner Review
Board as | 8 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 9 | | If the prisoner has not accumulated 180 days of sentence | 10 | | credit at the
time of the finding, then the Prisoner Review | 11 | | Board may revoke all
sentence credit accumulated by the | 12 | | prisoner.
| 13 | | For purposes of this subsection (d):
| 14 | | (1) "Frivolous" means that a pleading, motion, or | 15 | | other filing which
purports to be a legal document filed | 16 | | by a prisoner in his or her lawsuit meets
any or all of the | 17 | | following criteria:
| 18 | | (A) it lacks an arguable basis either in law or in | 19 | | fact;
| 20 | | (B) it is being presented for any improper | 21 | | purpose, such as to harass or
to cause unnecessary | 22 | | delay or needless increase in the cost of litigation;
| 23 | | (C) the claims, defenses, and other legal | 24 | | contentions therein are not
warranted by existing law | 25 | | or by a nonfrivolous argument for the extension,
| 26 | | modification, or reversal of existing law or the |
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| 1 | | establishment of new law;
| 2 | | (D) the allegations and other factual contentions | 3 | | do not have
evidentiary
support or, if specifically so | 4 | | identified, are not likely to have evidentiary
support | 5 | | after a reasonable opportunity for further | 6 | | investigation or discovery;
or
| 7 | | (E) the denials of factual contentions are not | 8 | | warranted on the
evidence, or if specifically so | 9 | | identified, are not reasonably based on a lack
of | 10 | | information or belief.
| 11 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 12 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 13 | | action under
Article X of the Code of Civil Procedure or | 14 | | under federal law (28 U.S.C. 2254),
a petition for claim | 15 | | under the Court of Claims Act, an action under the
federal | 16 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 17 | | subsequent petition for post-conviction relief under | 18 | | Article 122 of the Code of Criminal Procedure of 1963 | 19 | | whether filed with or without leave of court or a second or | 20 | | subsequent petition for relief from judgment under Section | 21 | | 2-1401 of the Code of Civil Procedure.
| 22 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 23 | | validity of Public Act 89-404.
| 24 | | (f) Whenever the Department is to release any inmate who | 25 | | has been convicted of a violation of an order of protection | 26 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
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| 1 | | the Criminal Code of 2012, earlier than it
otherwise would | 2 | | because of a grant of sentence credit, the Department, as a | 3 | | condition of release, shall require that the person, upon | 4 | | release, be placed under electronic surveillance as provided | 5 | | in Section 5-8A-7 of this Code. | 6 | | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | 7 | | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. | 8 | | 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
| 9 | | (730 ILCS 5/5-5-3)
| 10 | | Sec. 5-5-3. Disposition.
| 11 | | (a) (Blank).
| 12 | | (b) (Blank).
| 13 | | (c) (1) (Blank).
| 14 | | (2) A period of probation, a term of periodic imprisonment | 15 | | or
conditional discharge shall not be imposed for the | 16 | | following offenses.
The court shall sentence the offender to | 17 | | not less than the minimum term
of imprisonment set forth in | 18 | | this Code for the following offenses, and
may order a fine or | 19 | | restitution or both in conjunction with such term of
| 20 | | imprisonment:
| 21 | | (A) First degree murder where the death penalty is not | 22 | | imposed.
| 23 | | (B) Attempted first degree murder.
| 24 | | (C) A Class X felony.
| 25 | | (D) A violation of Section 401.1 or 407 of the
|
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| 1 | | Illinois Controlled Substances Act, or a violation of | 2 | | subdivision (c)(1.5) of
Section 401 of that Act which | 3 | | relates to more than 5 grams of a substance
containing | 4 | | fentanyl or an analog thereof.
| 5 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 6 | | of the Illinois Controlled Substances Act which relates to | 7 | | 3 or more grams of a substance
containing heroin or an | 8 | | analog thereof. | 9 | | (E) (Blank).
| 10 | | (F) A Class 1 or greater felony if the offender had | 11 | | been convicted
of a Class 1 or greater felony, including | 12 | | any state or federal conviction for an offense that | 13 | | contained, at the time it was committed, the same elements | 14 | | as an offense now (the date of the offense committed after | 15 | | the prior Class 1 or greater felony) classified as a Class | 16 | | 1 or greater felony, within 10 years of the date on which | 17 | | the
offender
committed the offense for which he or she is | 18 | | being sentenced, except as
otherwise provided in Section | 19 | | 40-10 of the Substance Use Disorder Act.
| 20 | | (F-3) A Class 2 or greater felony sex offense or | 21 | | felony firearm offense if the offender had been convicted | 22 | | of a Class 2 or greater felony, including any state or | 23 | | federal conviction for an offense that contained, at the | 24 | | time it was committed, the same elements as an offense now | 25 | | (the date of the offense committed after the prior Class 2 | 26 | | or greater felony) classified as a Class 2 or greater |
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| 1 | | felony, within 10 years of the date on which the offender | 2 | | committed the offense for which he or she is being | 3 | | sentenced, except as otherwise provided in Section 40-10 | 4 | | of the Substance Use Disorder Act. | 5 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 7 | | for which imprisonment is prescribed in those Sections. | 8 | | (G) Residential burglary, except as otherwise provided | 9 | | in Section 40-10
of the Substance Use Disorder Act.
| 10 | | (H) Criminal sexual assault.
| 11 | | (I) Aggravated battery of a senior citizen as | 12 | | described in Section 12-4.6 or subdivision (a)(4) of | 13 | | Section 12-3.05 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012.
| 15 | | (J) A forcible felony if the offense was related to | 16 | | the activities of an
organized gang.
| 17 | | Before July 1, 1994, for the purposes of this | 18 | | paragraph, "organized
gang" means an association of 5 or | 19 | | more persons, with an established hierarchy,
that | 20 | | encourages members of the association to perpetrate crimes | 21 | | or provides
support to the members of the association who | 22 | | do commit crimes.
| 23 | | Beginning July 1, 1994, for the purposes of this | 24 | | paragraph,
"organized gang" has the meaning ascribed to it | 25 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 26 | | Prevention Act.
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| 1 | | (K) Vehicular hijacking.
| 2 | | (L) A second or subsequent conviction for the offense | 3 | | of hate crime
when the underlying offense upon which the | 4 | | hate crime is based is felony
aggravated
assault or felony | 5 | | mob action.
| 6 | | (M) A second or subsequent conviction for the offense | 7 | | of institutional
vandalism if the damage to the property | 8 | | exceeds $300.
| 9 | | (N) A Class 3 felony violation of paragraph (1) of | 10 | | subsection (a) of
Section 2 of the Firearm Owners | 11 | | Identification Card Act.
| 12 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 14 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 15 | | or (7) of
subsection (a)
of Section 11-20.1 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 17 | | (P-5) A violation of paragraph (6) of subsection (a) | 18 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
| 19 | | Criminal Code of 2012 if the victim is a household or
| 20 | | family member of the defendant. | 21 | | (Q) A violation of subsection (b) or (b-5) of Section | 22 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 23 | | Code of
1961 or the Criminal Code of 2012.
| 24 | | (R) A violation of Section 24-3A of the Criminal Code | 25 | | of
1961 or the Criminal Code of 2012.
| 26 | | (S) (Blank).
|
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| 1 | | (T) (Blank).
| 2 | | (U) A second or subsequent violation of Section 6-303 | 3 | | of the Illinois Vehicle Code committed while his or her | 4 | | driver's license, permit, or privilege was revoked because | 5 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012, relating to the offense of | 7 | | reckless homicide, or a similar provision of a law of | 8 | | another state.
| 9 | | (V)
A violation of paragraph (4) of subsection (c) of | 10 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 11 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 12 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 13 | | Code of 2012 when the victim is under 13 years of age and | 14 | | the defendant has previously been convicted under the laws | 15 | | of this State or any other state of the offense of child | 16 | | pornography, aggravated child pornography, aggravated | 17 | | criminal sexual abuse, aggravated criminal sexual assault, | 18 | | predatory criminal sexual assault of a child, or any of | 19 | | the offenses formerly known as rape, deviate sexual | 20 | | assault, indecent liberties with a child, or aggravated | 21 | | indecent liberties with a child where the victim was under | 22 | | the age of 18 years or an offense that is substantially | 23 | | equivalent to those offenses. | 24 | | (W) A violation of Section 24-3.5 of the Criminal Code | 25 | | of 1961 or the Criminal Code of 2012.
| 26 | | (X) A violation of subsection (a) of Section 31-1a of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 2 | | (Y) A conviction for unlawful possession of a firearm | 3 | | by a street gang member when the firearm was loaded or | 4 | | contained firearm ammunition. | 5 | | (Z) A Class 1 felony committed while he or she was | 6 | | serving a term of probation or conditional discharge for a | 7 | | felony. | 8 | | (AA) Theft of property exceeding $500,000 and not | 9 | | exceeding $1,000,000 in value. | 10 | | (BB) Laundering of criminally derived property of a | 11 | | value exceeding
$500,000. | 12 | | (CC) Knowingly selling, offering for sale, holding for | 13 | | sale, or using 2,000 or more counterfeit items or | 14 | | counterfeit items having a retail value in the aggregate | 15 | | of $500,000 or more. | 16 | | (DD) A conviction for aggravated assault under | 17 | | paragraph (6) of subsection (c) of Section 12-2 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 19 | | firearm is aimed toward the person against whom the | 20 | | firearm is being used. | 21 | | (EE) A conviction for a violation of paragraph (2) of | 22 | | subsection (a) of Section 24-3B of the Criminal Code of | 23 | | 2012. | 24 | | (FF) A conviction for a violation of Section 12-7.1 of | 25 | | the Criminal Code of 2012 if committed by a person 18 years | 26 | | of age or older while armed with a firearm or if the victim |
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| 1 | | of the hate crime, at the time of the offense, was under 18 | 2 | | years of age. | 3 | | (3) (Blank).
| 4 | | (4) A minimum term of imprisonment of not less than 10
| 5 | | consecutive days or 30 days of community service shall be | 6 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 7 | | the Illinois Vehicle Code.
| 8 | | (4.1) (Blank).
| 9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 10 | | this subsection (c), a
minimum of
100 hours of community | 11 | | service shall be imposed for a second violation of
Section | 12 | | 6-303
of the Illinois Vehicle Code.
| 13 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 14 | | hours of community
service, as determined by the court, shall
| 15 | | be imposed for a second violation of subsection (c) of Section | 16 | | 6-303 of the
Illinois Vehicle Code.
| 17 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 18 | | (4.9) of this
subsection (c), a
minimum term of imprisonment | 19 | | of 30 days or 300 hours of community service, as
determined by | 20 | | the court, shall
be imposed
for a third or subsequent | 21 | | violation of Section 6-303 of the Illinois Vehicle
Code. The | 22 | | court may give credit toward the fulfillment of community | 23 | | service hours for participation in activities and treatment as | 24 | | determined by court services.
| 25 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 26 | | imposed for a third violation of subsection (c) of
Section |
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| 1 | | 6-303 of the Illinois Vehicle Code.
| 2 | | (4.6) Except as provided in paragraph (4.10) of this | 3 | | subsection (c), a minimum term of imprisonment of 180 days | 4 | | shall be imposed for a
fourth or subsequent violation of | 5 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 6 | | (4.7) A minimum term of imprisonment of not less than 30 | 7 | | consecutive days, or 300 hours of community service, shall be | 8 | | imposed for a violation of subsection (a-5) of Section 6-303 | 9 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 10 | | of that Section.
| 11 | | (4.8) A mandatory prison sentence shall be imposed for a | 12 | | second violation of subsection (a-5) of Section 6-303 of the | 13 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 14 | | Section. The person's driving privileges shall be revoked for | 15 | | a period of not less than 5 years from the date of his or her | 16 | | release from prison.
| 17 | | (4.9) A mandatory prison sentence of not less than 4 and | 18 | | not more than 15 years shall be imposed for a third violation | 19 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 20 | | Code, as provided in subsection (d-2.5) of that Section. The | 21 | | person's driving privileges shall be revoked for the remainder | 22 | | of his or her life.
| 23 | | (4.10) A mandatory prison sentence for a Class 1 felony | 24 | | shall be imposed, and the person shall be eligible for an | 25 | | extended term sentence, for a fourth or subsequent violation | 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-3.5) of that Section. The | 2 | | person's driving privileges shall be revoked for the remainder | 3 | | of his or her life.
| 4 | | (5) The court may sentence a corporation or unincorporated
| 5 | | association convicted of any offense to:
| 6 | | (A) a period of conditional discharge;
| 7 | | (B) a fine;
| 8 | | (C) make restitution to the victim under Section 5-5-6 | 9 | | of this Code.
| 10 | | (5.1) In addition to any other penalties imposed, and | 11 | | except as provided in paragraph (5.2) or (5.3), a person
| 12 | | convicted of violating subsection (c) of Section 11-907 of the | 13 | | Illinois
Vehicle Code shall have his or her driver's license, | 14 | | permit, or privileges
suspended for at least 90 days but not | 15 | | more than one year, if the violation
resulted in damage to the | 16 | | property of another person.
| 17 | | (5.2) In addition to any other penalties imposed, and | 18 | | except as provided in paragraph (5.3), a person convicted
of | 19 | | violating subsection (c) of Section 11-907 of the Illinois | 20 | | Vehicle Code
shall have his or her driver's license, permit, | 21 | | or privileges suspended for at
least 180 days but not more than | 22 | | 2 years, if the violation resulted in injury
to
another | 23 | | person.
| 24 | | (5.3) In addition to any other penalties imposed, a person | 25 | | convicted of violating subsection (c) of Section
11-907 of the | 26 | | Illinois Vehicle Code shall have his or her driver's license,
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| 1 | | permit, or privileges suspended for 2 years, if the violation | 2 | | resulted in the
death of another person.
| 3 | | (5.4) In addition to any other penalties imposed, a person | 4 | | convicted of violating Section 3-707 of the Illinois Vehicle | 5 | | Code shall have his or her driver's license, permit, or | 6 | | privileges suspended for 3 months and until he or she has paid | 7 | | a reinstatement fee of $100. | 8 | | (5.5) In addition to any other penalties imposed, a person | 9 | | convicted of violating Section 3-707 of the Illinois Vehicle | 10 | | Code during a period in which his or her driver's license, | 11 | | permit, or privileges were suspended for a previous violation | 12 | | of that Section shall have his or her driver's license, | 13 | | permit, or privileges suspended for an additional 6 months | 14 | | after the expiration of the original 3-month suspension and | 15 | | until he or she has paid a reinstatement fee of $100.
| 16 | | (6) (Blank).
| 17 | | (7) (Blank).
| 18 | | (8) (Blank).
| 19 | | (9) A defendant convicted of a second or subsequent | 20 | | offense of ritualized
abuse of a child may be sentenced to a | 21 | | term of natural life imprisonment.
| 22 | | (10) (Blank).
| 23 | | (11) The court shall impose a minimum fine of $1,000 for a | 24 | | first offense
and $2,000 for a second or subsequent offense | 25 | | upon a person convicted of or
placed on supervision for | 26 | | battery when the individual harmed was a sports
official or |
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| 1 | | coach at any level of competition and the act causing harm to | 2 | | the
sports
official or coach occurred within an athletic | 3 | | facility or within the immediate vicinity
of the athletic | 4 | | facility at which the sports official or coach was an active
| 5 | | participant
of the athletic contest held at the athletic | 6 | | facility. For the purposes of
this paragraph (11), "sports | 7 | | official" means a person at an athletic contest
who enforces | 8 | | the rules of the contest, such as an umpire or referee; | 9 | | "athletic facility" means an indoor or outdoor playing field | 10 | | or recreational area where sports activities are conducted;
| 11 | | and "coach" means a person recognized as a coach by the | 12 | | sanctioning
authority that conducted the sporting event. | 13 | | (12) A person may not receive a disposition of court | 14 | | supervision for a
violation of Section 5-16 of the Boat | 15 | | Registration and Safety Act if that
person has previously | 16 | | received a disposition of court supervision for a
violation of | 17 | | that Section.
| 18 | | (13) A person convicted of or placed on court supervision | 19 | | for an assault or aggravated assault when the victim and the | 20 | | offender are family or household members as defined in Section | 21 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 22 | | of domestic battery or aggravated domestic battery may be | 23 | | required to attend a Partner Abuse Intervention Program under | 24 | | protocols set forth by the Illinois Department of Human | 25 | | Services under such terms and conditions imposed by the court. | 26 | | The costs of such classes shall be paid by the offender.
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| 1 | | (d) In any case in which a sentence originally imposed is | 2 | | vacated,
the case shall be remanded to the trial court. The | 3 | | trial court shall
hold a hearing under Section 5-4-1 of this | 4 | | Code
which may include evidence of the defendant's life, moral | 5 | | character and
occupation during the time since the original | 6 | | sentence was passed. The
trial court shall then impose | 7 | | sentence upon the defendant. The trial
court may impose any | 8 | | sentence which could have been imposed at the
original trial | 9 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated | 10 | | on appeal or on collateral attack due to the
failure of the | 11 | | trier of fact at trial to determine beyond a reasonable doubt
| 12 | | the
existence of a fact (other than a prior conviction) | 13 | | necessary to increase the
punishment for the offense beyond | 14 | | the statutory maximum otherwise applicable,
either the | 15 | | defendant may be re-sentenced to a term within the range | 16 | | otherwise
provided or, if the State files notice of its | 17 | | intention to again seek the
extended sentence, the defendant | 18 | | shall be afforded a new trial.
| 19 | | (e) In cases where prosecution for
aggravated criminal | 20 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 21 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 22 | | of a defendant
who was a family member of the victim at the | 23 | | time of the commission of the
offense, the court shall | 24 | | consider the safety and welfare of the victim and
may impose a | 25 | | sentence of probation only where:
| 26 | | (1) the court finds (A) or (B) or both are |
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| 1 | | appropriate:
| 2 | | (A) the defendant is willing to undergo a court | 3 | | approved counseling
program for a minimum duration of | 4 | | 2 years; or
| 5 | | (B) the defendant is willing to participate in a | 6 | | court approved plan,
including, but not limited to, | 7 | | the defendant's:
| 8 | | (i) removal from the household;
| 9 | | (ii) restricted contact with the victim;
| 10 | | (iii) continued financial support of the | 11 | | family;
| 12 | | (iv) restitution for harm done to the victim; | 13 | | and
| 14 | | (v) compliance with any other measures that | 15 | | the court may
deem appropriate; and
| 16 | | (2) the court orders the defendant to pay for the | 17 | | victim's counseling
services, to the extent that the court | 18 | | finds, after considering the
defendant's income and | 19 | | assets, that the defendant is financially capable of
| 20 | | paying for such services, if the victim was under 18 years | 21 | | of age at the
time the offense was committed and requires | 22 | | counseling as a result of the
offense.
| 23 | | Probation may be revoked or modified pursuant to Section | 24 | | 5-6-4; except
where the court determines at the hearing that | 25 | | the defendant violated a
condition of his or her probation | 26 | | restricting contact with the victim or
other family members or |
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| 1 | | commits another offense with the victim or other
family | 2 | | members, the court shall revoke the defendant's probation and
| 3 | | impose a term of imprisonment.
| 4 | | For the purposes of this Section, "family member" and | 5 | | "victim" shall have
the meanings ascribed to them in Section | 6 | | 11-0.1 of the Criminal Code of
2012.
| 7 | | (f) (Blank).
| 8 | | (g) Whenever a defendant is convicted of an offense under | 9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 11 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 12 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 13 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012,
the defendant shall undergo medical | 15 | | testing to
determine whether the defendant has any sexually | 16 | | transmissible disease,
including a test for infection with | 17 | | human immunodeficiency virus (HIV) or
any other identified | 18 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 19 | | Any such medical test shall be performed only by appropriately
| 20 | | licensed medical practitioners and may include an analysis of | 21 | | any bodily
fluids as well as an examination of the defendant's | 22 | | person.
Except as otherwise provided by law, the results of | 23 | | such test shall be kept
strictly confidential by all medical | 24 | | personnel involved in the testing and must
be personally | 25 | | delivered in a sealed envelope to the judge of the court in | 26 | | which
the conviction was entered for the judge's inspection in |
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| 1 | | camera. Acting in
accordance with the best interests of the | 2 | | victim and the public, the judge
shall have the discretion to | 3 | | determine to whom, if anyone, the results of the
testing may be | 4 | | revealed. The court shall notify the defendant
of the test | 5 | | results. The court shall
also notify the victim if requested | 6 | | by the victim, and if the victim is under
the age of 15 and if | 7 | | requested by the victim's parents or legal guardian, the
court | 8 | | shall notify the victim's parents or legal guardian of the | 9 | | test
results.
The court shall provide information on the | 10 | | availability of HIV testing
and counseling at Department of | 11 | | Public Health facilities to all parties to
whom the results of | 12 | | the testing are revealed and shall direct the State's
Attorney | 13 | | to provide the information to the victim when possible.
The | 14 | | court shall order that the cost of any such test
shall be paid | 15 | | by the county and may be taxed as costs against the convicted
| 16 | | defendant.
| 17 | | (g-5) When an inmate is tested for an airborne | 18 | | communicable disease, as
determined by the Illinois Department | 19 | | of Public Health, including, but not
limited to, tuberculosis, | 20 | | the results of the test shall be
personally delivered by the | 21 | | warden or his or her designee in a sealed envelope
to the judge | 22 | | of the court in which the inmate must appear for the judge's
| 23 | | inspection in camera if requested by the judge. Acting in | 24 | | accordance with the
best interests of those in the courtroom, | 25 | | the judge shall have the discretion
to determine what if any | 26 | | precautions need to be taken to prevent transmission
of the |
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| 1 | | disease in the courtroom.
| 2 | | (h) Whenever a defendant is convicted of an offense under | 3 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 4 | | defendant shall undergo
medical testing to determine whether | 5 | | the defendant has been exposed to human
immunodeficiency virus | 6 | | (HIV) or any other identified causative agent of
acquired | 7 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 8 | | by
law, the results of such test shall be kept strictly | 9 | | confidential by all
medical personnel involved in the testing | 10 | | and must be personally delivered in a
sealed envelope to the | 11 | | judge of the court in which the conviction was entered
for the | 12 | | judge's inspection in camera. Acting in accordance with the | 13 | | best
interests of the public, the judge shall have the | 14 | | discretion to determine to
whom, if anyone, the results of the | 15 | | testing may be revealed. The court shall
notify the defendant | 16 | | of a positive test showing an infection with the human
| 17 | | immunodeficiency virus (HIV). The court shall provide | 18 | | information on the
availability of HIV testing and counseling | 19 | | at Department of Public Health
facilities to all parties to | 20 | | whom the results of the testing are revealed and
shall direct | 21 | | the State's Attorney to provide the information to the victim | 22 | | when
possible. The court shall order that the cost of any
such | 23 | | test shall be paid by the county and may be taxed as costs | 24 | | against the
convicted defendant.
| 25 | | (i) All fines and penalties imposed under this Section for | 26 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
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| 1 | | Vehicle Code, or a similar
provision of a local ordinance, and | 2 | | any violation
of the Child Passenger Protection Act, or a | 3 | | similar provision of a local
ordinance, shall be collected and | 4 | | disbursed by the circuit
clerk as provided under the Criminal | 5 | | and Traffic Assessment Act.
| 6 | | (j) In cases when prosecution for any violation of Section | 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 8 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 9 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 10 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 11 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 12 | | Code of 2012, any violation of the Illinois Controlled | 13 | | Substances Act,
any violation of the Cannabis Control Act, or | 14 | | any violation of the Methamphetamine Control and Community | 15 | | Protection Act results in conviction, a
disposition of court | 16 | | supervision, or an order of probation granted under
Section 10 | 17 | | of the Cannabis Control Act, Section 410 of the Illinois
| 18 | | Controlled Substances Act, or Section 70 of the | 19 | | Methamphetamine Control and Community Protection Act of a | 20 | | defendant, the court shall determine whether the
defendant is | 21 | | employed by a facility or center as defined under the Child | 22 | | Care
Act of 1969, a public or private elementary or secondary | 23 | | school, or otherwise
works with children under 18 years of age | 24 | | on a daily basis. When a defendant
is so employed, the court | 25 | | shall order the Clerk of the Court to send a copy of
the | 26 | | judgment of conviction or order of supervision or probation to |
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| 1 | | the
defendant's employer by certified mail.
If the employer of | 2 | | the defendant is a school, the Clerk of the Court shall
direct | 3 | | the mailing of a copy of the judgment of conviction or order of
| 4 | | supervision or probation to the appropriate regional | 5 | | superintendent of schools.
The regional superintendent of | 6 | | schools shall notify the State Board of
Education of any | 7 | | notification under this subsection.
| 8 | | (j-5) A defendant at least 17 years of age who is convicted | 9 | | of a felony and
who has not been previously convicted of a | 10 | | misdemeanor or felony and who is
sentenced to a term of | 11 | | imprisonment in the Illinois Department of Corrections
shall | 12 | | as a condition of his or her sentence be required by the court | 13 | | to attend
educational courses designed to prepare the | 14 | | defendant for a high school diploma
and to work toward a high | 15 | | school diploma or to work toward passing high school | 16 | | equivalency testing or to work toward
completing a vocational | 17 | | training program offered by the Department of
Corrections. If | 18 | | a defendant fails to complete the educational training
| 19 | | required by his or her sentence during the term of | 20 | | incarceration, the Prisoner
Review Board shall, as a condition | 21 | | of mandatory supervised release, require the
defendant, at his | 22 | | or her own expense, to pursue a course of study toward a high
| 23 | | school diploma or passage of high school equivalency testing. | 24 | | The Prisoner Review Board shall
revoke the mandatory | 25 | | supervised release of a defendant who wilfully fails to
comply | 26 | | with this subsection (j-5) upon his or her release from |
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| 1 | | confinement in a
penal institution while serving a mandatory | 2 | | supervised release term; however,
the inability of the | 3 | | defendant after making a good faith effort to obtain
financial | 4 | | aid or pay for the educational training shall not be deemed a | 5 | | wilful
failure to comply. The Prisoner Review Board shall | 6 | | recommit the defendant
whose mandatory supervised release term | 7 | | has been revoked under this subsection
(j-5) as provided in | 8 | | Section 3-3-9. This subsection (j-5) does not apply to a
| 9 | | defendant who has a high school diploma or has successfully | 10 | | passed high school equivalency testing. This subsection (j-5) | 11 | | does not apply to a defendant who is determined by
the court to | 12 | | be a person with a developmental disability or otherwise | 13 | | mentally incapable of
completing the educational or vocational | 14 | | program.
| 15 | | (k) (Blank).
| 16 | | (l) (A) Except as provided
in paragraph (C) of subsection | 17 | | (l), whenever a defendant,
who is not a citizen or national of | 18 | | the United States, is convicted
of any felony or misdemeanor | 19 | | offense, the court after sentencing the defendant
may, upon | 20 | | motion of the State's Attorney, hold sentence in abeyance and | 21 | | remand
the defendant to the custody of the Attorney General of
| 22 | | the United States or his or her designated agent to be deported | 23 | | when:
| 24 | | (1) a final order of deportation has been issued | 25 | | against the defendant
pursuant to proceedings under the | 26 | | Immigration and Nationality Act, and
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| 1 | | (2) the deportation of the defendant would not | 2 | | deprecate the seriousness
of the defendant's conduct and | 3 | | would not be inconsistent with the ends of
justice.
| 4 | | Otherwise, the defendant shall be sentenced as provided in | 5 | | this Chapter V.
| 6 | | (B) If the defendant has already been sentenced for a | 7 | | felony or
misdemeanor
offense, or has been placed on probation | 8 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 9 | | the Illinois Controlled Substances Act, or Section 70 of the | 10 | | Methamphetamine Control and Community Protection Act, the | 11 | | court
may, upon motion of the State's Attorney to suspend the
| 12 | | sentence imposed, commit the defendant to the custody of the | 13 | | Attorney General
of the United States or his or her designated | 14 | | agent 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 | | (C) This subsection (l) does not apply to offenders who | 22 | | are subject to the
provisions of paragraph (2) of subsection | 23 | | (a) of Section 3-6-3.
| 24 | | (D) Upon motion of the State's Attorney, if a defendant | 25 | | sentenced under
this Section returns to the jurisdiction of | 26 | | the United States, the defendant
shall be recommitted to the |
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| 1 | | custody of the county from which he or she was
sentenced.
| 2 | | Thereafter, the defendant shall be brought before the | 3 | | sentencing court, which
may impose any sentence that was | 4 | | available under Section 5-5-3 at the time of
initial | 5 | | sentencing. In addition, the defendant shall not be eligible | 6 | | for
additional earned sentence credit as provided under
| 7 | | Section 3-6-3.
| 8 | | (m) A person convicted of criminal defacement of property | 9 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012, in which the property damage exceeds | 11 | | $300
and the property damaged is a school building, shall be | 12 | | ordered to perform
community service that may include cleanup, | 13 | | removal, or painting over the
defacement.
| 14 | | (n) The court may sentence a person convicted of a | 15 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 18 | | incarceration program if the person is otherwise eligible for | 19 | | that program
under Section 5-8-1.1, (ii) to community service, | 20 | | or (iii) if the person has a substance use disorder, as defined
| 21 | | in the Substance Use Disorder Act, to a treatment program
| 22 | | licensed under that Act. | 23 | | (o) Whenever a person is convicted of a sex offense as | 24 | | defined in Section 2 of the Sex Offender Registration Act, the | 25 | | defendant's driver's license or permit shall be subject to | 26 | | renewal on an annual basis in accordance with the provisions |
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| 1 | | of license renewal established by the Secretary of State.
| 2 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | 3 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 4 | | 5-27-22.)
| 5 | | Section 99. Effective date. This Act takes effect on | 6 | | January 1, 2024.
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