Illinois General Assembly - Full Text of HB3882
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Full Text of HB3882  100th General Assembly

HB3882ham003 100TH GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 4/4/2017

 

 


 

 


 
10000HB3882ham003LRB100 11029 RLC 24822 a

1
AMENDMENT TO HOUSE BILL 3882

2    AMENDMENT NO. ______. Amend House Bill 3882, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Unified Code of Corrections is amended by
6changing Section 5-4-1 as follows:
 
7    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
8    (Text of Section before amendment by P.A. 99-938)
9    Sec. 5-4-1. Sentencing hearing.
10    (a) Except when the death penalty is sought under hearing
11procedures otherwise specified, after a determination of
12guilt, a hearing shall be held to impose the sentence. However,
13prior to the imposition of sentence on an individual being
14sentenced for an offense based upon a charge for a violation of
15Section 11-501 of the Illinois Vehicle Code or a similar
16provision of a local ordinance, the individual must undergo a

 

 

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1professional evaluation to determine if an alcohol or other
2drug abuse problem exists and the extent of such a problem.
3Programs conducting these evaluations shall be licensed by the
4Department of Human Services. However, if the individual is not
5a resident of Illinois, the court may, in its discretion,
6accept an evaluation from a program in the state of such
7individual's residence. The court may in its sentencing order
8approve an eligible defendant for placement in a Department of
9Corrections impact incarceration program as provided in
10Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
11order recommend a defendant for placement in a Department of
12Corrections substance abuse treatment program as provided in
13paragraph (a) of subsection (1) of Section 3-2-2 conditioned
14upon the defendant being accepted in a program by the
15Department of Corrections. At the hearing the court shall:
16        (1) consider the evidence, if any, received upon the
17    trial;
18        (2) consider any presentence reports;
19        (3) consider the financial impact of incarceration
20    based on the financial impact statement filed with the
21    clerk of the court by the Department of Corrections;
22        (4) consider evidence and information offered by the
23    parties in aggravation and mitigation;
24        (4.5) consider substance abuse treatment, eligibility
25    screening, and an assessment, if any, of the defendant by
26    an agent designated by the State of Illinois to provide

 

 

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1    assessment services for the Illinois courts;
2        (5) hear arguments as to sentencing alternatives;
3        (6) afford the defendant the opportunity to make a
4    statement in his own behalf;
5        (7) afford the victim of a violent crime or a violation
6    of Section 11-501 of the Illinois Vehicle Code, or a
7    similar provision of a local ordinance, or a qualified
8    individual affected by: (i) a violation of Section 405,
9    405.1, 405.2, or 407 of the Illinois Controlled Substances
10    Act or a violation of Section 55 or Section 65 of the
11    Methamphetamine Control and Community Protection Act, or
12    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
13    except as described in subdivisions (a)(2)(A) and
14    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
15    Criminal Code of 1961 or the Criminal Code of 2012,
16    committed by the defendant the opportunity to make a
17    statement concerning the impact on the victim and to offer
18    evidence in aggravation or mitigation; provided that the
19    statement and evidence offered in aggravation or
20    mitigation must first be prepared in writing in conjunction
21    with the State's Attorney before it may be presented orally
22    at the hearing. Any sworn testimony offered by the victim
23    is subject to the defendant's right to cross-examine. All
24    statements and evidence offered under this paragraph (7)
25    shall become part of the record of the court. For the
26    purpose of this paragraph (7), "qualified individual"

 

 

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1    means any person who (i) lived or worked within the
2    territorial jurisdiction where the offense took place when
3    the offense took place; and (ii) is familiar with various
4    public places within the territorial jurisdiction where
5    the offense took place when the offense took place. For the
6    purposes of this paragraph (7), "qualified individual"
7    includes any peace officer, or any member of any duly
8    organized State, county, or municipal peace unit assigned
9    to the territorial jurisdiction where the offense took
10    place when the offense took place;
11        (8) in cases of reckless homicide afford the victim's
12    spouse, guardians, parents or other immediate family
13    members an opportunity to make oral statements;
14        (9) in cases involving a felony sex offense as defined
15    under the Sex Offender Management Board Act, consider the
16    results of the sex offender evaluation conducted pursuant
17    to Section 5-3-2 of this Act; and
18        (10) make a finding of whether a motor vehicle was used
19    in the commission of the offense for which the defendant is
20    being sentenced.
21    (b) All sentences shall be imposed by the judge based upon
22his independent assessment of the elements specified above and
23any agreement as to sentence reached by the parties. The judge
24who presided at the trial or the judge who accepted the plea of
25guilty shall impose the sentence unless he is no longer sitting
26as a judge in that court. Where the judge does not impose

 

 

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1sentence at the same time on all defendants who are convicted
2as a result of being involved in the same offense, the
3defendant or the State's Attorney may advise the sentencing
4court of the disposition of any other defendants who have been
5sentenced.
6    (b-1) In imposing a sentence of imprisonment or periodic
7imprisonment for a Class 3 or Class 4 felony for which a
8sentence of probation or conditional discharge is an available
9sentence, if the defendant has no prior sentence of probation
10or conditional discharge and no prior conviction for a violent
11crime, the defendant shall not be sentenced to imprisonment
12before review and consideration of a presentence report and
13determination and explanation of why the particular evidence,
14information, factor in aggravation, factual finding, or other
15reasons support a sentencing determination that one or more of
16the factors under subsection (a) of Section 5-6-1 of this Code
17apply and that probation or conditional discharge is not an
18appropriate sentence.
19    (c) In imposing a sentence for a violent crime or for an
20offense of operating or being in physical control of a vehicle
21while under the influence of alcohol, any other drug or any
22combination thereof, or a similar provision of a local
23ordinance, when such offense resulted in the personal injury to
24someone other than the defendant, the trial judge shall specify
25on the record the particular evidence, information, factors in
26mitigation and aggravation or other reasons that led to his

 

 

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1sentencing determination. The full verbatim record of the
2sentencing hearing shall be filed with the clerk of the court
3and shall be a public record.
4    (c-1) In imposing a sentence for the offense of aggravated
5kidnapping for ransom, home invasion, armed robbery,
6aggravated vehicular hijacking, aggravated discharge of a
7firearm, or armed violence with a category I weapon or category
8II weapon, the trial judge shall make a finding as to whether
9the conduct leading to conviction for the offense resulted in
10great bodily harm to a victim, and shall enter that finding and
11the basis for that finding in the record.
12    (c-2) If the defendant is sentenced to prison, other than
13when a sentence of natural life imprisonment or a sentence of
14death is imposed, at the time the sentence is imposed the judge
15shall state on the record in open court the approximate period
16of time the defendant will serve in custody according to the
17then current statutory rules and regulations for sentence
18credit found in Section 3-6-3 and other related provisions of
19this Code. This statement is intended solely to inform the
20public, has no legal effect on the defendant's actual release,
21and may not be relied on by the defendant on appeal.
22    The judge's statement, to be given after pronouncing the
23sentence, other than when the sentence is imposed for one of
24the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25shall include the following:
26    "The purpose of this statement is to inform the public of

 

 

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1the actual period of time this defendant is likely to spend in
2prison as a result of this sentence. The actual period of
3prison time served is determined by the statutes of Illinois as
4applied to this sentence by the Illinois Department of
5Corrections and the Illinois Prisoner Review Board. In this
6case, assuming the defendant receives all of his or her
7sentence credit, the period of estimated actual custody is ...
8years and ... months, less up to 180 days additional sentence
9credit for good conduct. If the defendant, because of his or
10her own misconduct or failure to comply with the institutional
11regulations, does not receive those credits, the actual time
12served in prison will be longer. The defendant may also receive
13an additional one-half day sentence credit for each day of
14participation in vocational, industry, substance abuse, and
15educational programs as provided for by Illinois statute."
16    When the sentence is imposed for one of the offenses
17enumerated in paragraph (a)(3) of Section 3-6-3, other than
18when the sentence is imposed for one of the offenses enumerated
19in paragraph (a)(2) of Section 3-6-3 committed on or after June
2019, 1998, and other than when the sentence is imposed for
21reckless homicide as defined in subsection (e) of Section 9-3
22of the Criminal Code of 1961 or the Criminal Code of 2012 if
23the offense was committed on or after January 1, 1999, and
24other than when the sentence is imposed for aggravated arson if
25the offense was committed on or after July 27, 2001 (the
26effective date of Public Act 92-176), and other than when the

 

 

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1sentence is imposed for aggravated driving under the influence
2of alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (C) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code committed on or after
6January 1, 2011 (the effective date of Public Act 96-1230), the
7judge's statement, to be given after pronouncing the sentence,
8shall include the following:
9    "The purpose of this statement is to inform the public of
10the actual period of time this defendant is likely to spend in
11prison as a result of this sentence. The actual period of
12prison time served is determined by the statutes of Illinois as
13applied to this sentence by the Illinois Department of
14Corrections and the Illinois Prisoner Review Board. In this
15case, assuming the defendant receives all of his or her
16sentence credit, the period of estimated actual custody is ...
17years and ... months, less up to 90 days additional sentence
18credit for good conduct. If the defendant, because of his or
19her own misconduct or failure to comply with the institutional
20regulations, does not receive those credits, the actual time
21served in prison will be longer. The defendant may also receive
22an additional one-half day sentence credit for each day of
23participation in vocational, industry, substance abuse, and
24educational programs as provided for by Illinois statute."
25    When the sentence is imposed for one of the offenses
26enumerated in paragraph (a)(2) of Section 3-6-3, other than

 

 

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1first degree murder, and the offense was committed on or after
2June 19, 1998, and when the sentence is imposed for reckless
3homicide as defined in subsection (e) of Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012 if the
5offense was committed on or after January 1, 1999, and when the
6sentence is imposed for aggravated driving under the influence
7of alcohol, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof as defined in
9subparagraph (F) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code, and when the sentence is
11imposed for aggravated arson if the offense was committed on or
12after July 27, 2001 (the effective date of Public Act 92-176),
13and when the sentence is imposed for aggravated driving under
14the influence of alcohol, other drug or drugs, or intoxicating
15compound or compounds, or any combination thereof as defined in
16subparagraph (C) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code committed on or after
18January 1, 2011 (the effective date of Public Act 96-1230), the
19judge's statement, to be given after pronouncing the sentence,
20shall include the following:
21    "The purpose of this statement is to inform the public of
22the actual period of time this defendant is likely to spend in
23prison as a result of this sentence. The actual period of
24prison time served is determined by the statutes of Illinois as
25applied to this sentence by the Illinois Department of
26Corrections and the Illinois Prisoner Review Board. In this

 

 

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1case, the defendant is entitled to no more than 4 1/2 days of
2sentence credit for each month of his or her sentence of
3imprisonment. Therefore, this defendant will serve at least 85%
4of his or her sentence. Assuming the defendant receives 4 1/2
5days credit for each month of his or her sentence, the period
6of estimated actual custody is ... years and ... months. If the
7defendant, because of his or her own misconduct or failure to
8comply with the institutional regulations receives lesser
9credit, the actual time served in prison will be longer."
10    When a sentence of imprisonment is imposed for first degree
11murder and the offense was committed on or after June 19, 1998,
12the judge's statement, to be given after pronouncing the
13sentence, shall include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois as
18applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant is not entitled to sentence credit.
21Therefore, this defendant will serve 100% of his or her
22sentence."
23    When the sentencing order recommends placement in a
24substance abuse program for any offense that results in
25incarceration in a Department of Corrections facility and the
26crime was committed on or after September 1, 2003 (the

 

 

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1effective date of Public Act 93-354), the judge's statement, in
2addition to any other judge's statement required under this
3Section, to be given after pronouncing the sentence, shall
4include the following:
5    "The purpose of this statement is to inform the public of
6the actual period of time this defendant is likely to spend in
7prison as a result of this sentence. The actual period of
8prison time served is determined by the statutes of Illinois as
9applied to this sentence by the Illinois Department of
10Corrections and the Illinois Prisoner Review Board. In this
11case, the defendant shall receive no sentence credit for good
12conduct under clause (3) of subsection (a) of Section 3-6-3
13until he or she participates in and completes a substance abuse
14treatment program or receives a waiver from the Director of
15Corrections pursuant to clause (4.5) of subsection (a) of
16Section 3-6-3."
17    (c-4) Before the sentencing hearing and as part of the
18presentence investigation under Section 5-3-1, the court shall
19inquire of the defendant whether the defendant is currently
20serving in or is a veteran of the Armed Forces of the United
21States. If the defendant is currently serving in the Armed
22Forces of the United States or is a veteran of the Armed Forces
23of the United States and has been diagnosed as having a mental
24illness by a qualified psychiatrist or clinical psychologist or
25physician, the court may:
26        (1) order that the officer preparing the presentence

 

 

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1    report consult with the United States Department of
2    Veterans Affairs, Illinois Department of Veterans'
3    Affairs, or another agency or person with suitable
4    knowledge or experience for the purpose of providing the
5    court with information regarding treatment options
6    available to the defendant, including federal, State, and
7    local programming; and
8        (2) consider the treatment recommendations of any
9    diagnosing or treating mental health professionals
10    together with the treatment options available to the
11    defendant in imposing sentence.
12    For the purposes of this subsection (c-4), "qualified
13psychiatrist" means a reputable physician licensed in Illinois
14to practice medicine in all its branches, who has specialized
15in the diagnosis and treatment of mental and nervous disorders
16for a period of not less than 5 years.
17    (c-6) In imposing a sentence, the trial judge shall
18specify, on the record, the particular evidence and other
19reasons which led to his or her determination that a motor
20vehicle was used in the commission of the offense.
21    (d) When the defendant is committed to the Department of
22Corrections, the State's Attorney shall and counsel for the
23defendant may file a statement with the clerk of the court to
24be transmitted to the department, agency or institution to
25which the defendant is committed to furnish such department,
26agency or institution with the facts and circumstances of the

 

 

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1offense for which the person was committed together with all
2other factual information accessible to them in regard to the
3person prior to his commitment relative to his habits,
4associates, disposition and reputation and any other facts and
5circumstances which may aid such department, agency or
6institution during its custody of such person. The clerk shall
7within 10 days after receiving any such statements transmit a
8copy to such department, agency or institution and a copy to
9the other party, provided, however, that this shall not be
10cause for delay in conveying the person to the department,
11agency or institution to which he has been committed.
12    (e) The clerk of the court shall transmit to the
13department, agency or institution, if any, to which the
14defendant is committed, the following:
15        (1) the sentence imposed;
16        (2) any statement by the court of the basis for
17    imposing the sentence;
18        (3) any presentence reports;
19        (3.5) any sex offender evaluations;
20        (3.6) any substance abuse treatment eligibility
21    screening and assessment of the defendant by an agent
22    designated by the State of Illinois to provide assessment
23    services for the Illinois courts;
24        (4) the number of days, if any, which the defendant has
25    been in custody and for which he is entitled to credit
26    against the sentence, which information shall be provided

 

 

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1    to the clerk by the sheriff;
2        (4.1) any finding of great bodily harm made by the
3    court with respect to an offense enumerated in subsection
4    (c-1);
5        (5) all statements filed under subsection (d) of this
6    Section;
7        (6) any medical or mental health records or summaries
8    of the defendant;
9        (7) the municipality where the arrest of the offender
10    or the commission of the offense has occurred, where such
11    municipality has a population of more than 25,000 persons;
12        (8) all statements made and evidence offered under
13    paragraph (7) of subsection (a) of this Section; and
14        (9) all additional matters which the court directs the
15    clerk to transmit.
16    (f) In cases in which the court finds that a motor vehicle
17was used in the commission of the offense for which the
18defendant is being sentenced, the clerk of the court shall,
19within 5 days thereafter, forward a report of such conviction
20to the Secretary of State.
21(Source: P.A. 99-861, eff. 1-1-17.)
 
22    (Text of Section after amendment by P.A. 99-938)
23    Sec. 5-4-1. Sentencing hearing.
24    (a) Except when the death penalty is sought under hearing
25procedures otherwise specified, after a determination of

 

 

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1guilt, a hearing shall be held to impose the sentence. However,
2prior to the imposition of sentence on an individual being
3sentenced for an offense based upon a charge for a violation of
4Section 11-501 of the Illinois Vehicle Code or a similar
5provision of a local ordinance, the individual must undergo a
6professional evaluation to determine if an alcohol or other
7drug abuse problem exists and the extent of such a problem.
8Programs conducting these evaluations shall be licensed by the
9Department of Human Services. However, if the individual is not
10a resident of Illinois, the court may, in its discretion,
11accept an evaluation from a program in the state of such
12individual's residence. The court may in its sentencing order
13approve an eligible defendant for placement in a Department of
14Corrections impact incarceration program as provided in
15Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
16order recommend a defendant for placement in a Department of
17Corrections substance abuse treatment program as provided in
18paragraph (a) of subsection (1) of Section 3-2-2 conditioned
19upon the defendant being accepted in a program by the
20Department of Corrections. At the hearing the court shall:
21        (1) consider the evidence, if any, received upon the
22    trial;
23        (2) consider any presentence reports;
24        (3) consider the financial impact of incarceration
25    based on the financial impact statement filed with the
26    clerk of the court by the Department of Corrections;

 

 

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1        (4) consider evidence and information offered by the
2    parties in aggravation and mitigation;
3        (4.5) consider substance abuse treatment, eligibility
4    screening, and an assessment, if any, of the defendant by
5    an agent designated by the State of Illinois to provide
6    assessment services for the Illinois courts;
7        (5) hear arguments as to sentencing alternatives;
8        (6) afford the defendant the opportunity to make a
9    statement in his own behalf;
10        (7) afford the victim of a violent crime or a violation
11    of Section 11-501 of the Illinois Vehicle Code, or a
12    similar provision of a local ordinance, or a qualified
13    individual affected by: (i) a violation of Section 405,
14    405.1, 405.2, or 407 of the Illinois Controlled Substances
15    Act or a violation of Section 55 or Section 65 of the
16    Methamphetamine Control and Community Protection Act, or
17    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
18    except as described in subdivisions (a)(2)(A) and
19    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
20    Criminal Code of 1961 or the Criminal Code of 2012,
21    committed by the defendant the opportunity to make a
22    statement concerning the impact on the victim and to offer
23    evidence in aggravation or mitigation; provided that the
24    statement and evidence offered in aggravation or
25    mitigation must first be prepared in writing in conjunction
26    with the State's Attorney before it may be presented orally

 

 

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1    at the hearing. Any sworn testimony offered by the victim
2    is subject to the defendant's right to cross-examine. All
3    statements and evidence offered under this paragraph (7)
4    shall become part of the record of the court. For the
5    purpose of this paragraph (7), "qualified individual"
6    means any person who (i) lived or worked within the
7    territorial jurisdiction where the offense took place when
8    the offense took place; and (ii) is familiar with various
9    public places within the territorial jurisdiction where
10    the offense took place when the offense took place. For the
11    purposes of this paragraph (7), "qualified individual"
12    includes any peace officer, or any member of any duly
13    organized State, county, or municipal peace unit assigned
14    to the territorial jurisdiction where the offense took
15    place when the offense took place;
16        (8) in cases of reckless homicide afford the victim's
17    spouse, guardians, parents or other immediate family
18    members an opportunity to make oral statements;
19        (9) in cases involving a felony sex offense as defined
20    under the Sex Offender Management Board Act, consider the
21    results of the sex offender evaluation conducted pursuant
22    to Section 5-3-2 of this Act; and
23        (10) make a finding of whether a motor vehicle was used
24    in the commission of the offense for which the defendant is
25    being sentenced.
26    (b) All sentences shall be imposed by the judge based upon

 

 

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1his independent assessment of the elements specified above and
2any agreement as to sentence reached by the parties. The judge
3who presided at the trial or the judge who accepted the plea of
4guilty shall impose the sentence unless he is no longer sitting
5as a judge in that court. Where the judge does not impose
6sentence at the same time on all defendants who are convicted
7as a result of being involved in the same offense, the
8defendant or the State's Attorney may advise the sentencing
9court of the disposition of any other defendants who have been
10sentenced.
11    (b-1) In imposing a sentence of imprisonment or periodic
12imprisonment for a Class 3 or Class 4 felony for which a
13sentence of probation or conditional discharge is an available
14sentence, if the defendant has no prior sentence of probation
15or conditional discharge and no prior conviction for a violent
16crime, the defendant shall not be sentenced to imprisonment
17before review and consideration of a presentence report and
18determination and explanation of why the particular evidence,
19information, factor in aggravation, factual finding, or other
20reasons support a sentencing determination that one or more of
21the factors under subsection (a) of Section 5-6-1 of this Code
22apply and that probation or conditional discharge is not an
23appropriate sentence.
24    (c) In imposing a sentence for a violent crime or for an
25offense of operating or being in physical control of a vehicle
26while under the influence of alcohol, any other drug or any

 

 

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1combination thereof, or a similar provision of a local
2ordinance, when such offense resulted in the personal injury to
3someone other than the defendant, the trial judge shall specify
4on the record the particular evidence, information, factors in
5mitigation and aggravation or other reasons that led to his
6sentencing determination. The full verbatim record of the
7sentencing hearing shall be filed with the clerk of the court
8and shall be a public record.
9    (c-1) In imposing a sentence for the offense of aggravated
10kidnapping for ransom, home invasion, armed robbery,
11aggravated vehicular hijacking, aggravated discharge of a
12firearm, or armed violence with a category I weapon or category
13II weapon, the trial judge shall make a finding as to whether
14the conduct leading to conviction for the offense resulted in
15great bodily harm to a victim, and shall enter that finding and
16the basis for that finding in the record.
17    (c-1.5) Notwithstanding any other provision of law to the
18contrary, in imposing a sentence for an offense that requires a
19mandatory minimum sentence of imprisonment or probation or
20conditional discharge of 2 years or more, the court may
21sentence the offender to probation or conditional discharge or
22other non-imprisonment sentence it deems appropriate instead
23of to a sentence of imprisonment or to a lesser sentence of
24imprisonment, probation, or conditional discharge than the
25minimum sentence of imprisonment, probation, or conditional
26discharge provided for the offense if the court finds that the

 

 

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1defendant does not pose a risk to public safety and the
2interest of justice requires the non-imposition of the
3mandatory sentence of imprisonment or a lesser sentence of
4imprisonment, probation, or conditional discharge. The court
5must state on the record its reasons for not imposing the
6minimum sentence of imprisonment or a lesser sentence of
7imprisonment, probation, or conditional discharge. If the
8defendant has been charged with an offense involving the use,
9possession, or discharge of a firearm, the court may not
10deviate from a mandatory minimum sentence or probation or
11conditional discharge requirement, unless it is the
12recommendation of a presentence investigation and there is
13clear articulable evidence that the defendant is not a threat
14to the public safety. This must be fully stated by the court
15into the record at the time of sentencing. An offender
16convicted of a sex offense under Article 11 of the Criminal
17Code of 2012 or an offense involving the infliction of great
18bodily harm may not be sentenced to a lesser term of
19imprisonment, probation, or conditional discharge under this
20subsection (c-1.5).
21    (c-2) If the defendant is sentenced to prison, other than
22when a sentence of natural life imprisonment or a sentence of
23death is imposed, at the time the sentence is imposed the judge
24shall state on the record in open court the approximate period
25of time the defendant will serve in custody according to the
26then current statutory rules and regulations for sentence

 

 

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1credit found in Section 3-6-3 and other related provisions of
2this Code. This statement is intended solely to inform the
3public, has no legal effect on the defendant's actual release,
4and may not be relied on by the defendant on appeal.
5    The judge's statement, to be given after pronouncing the
6sentence, other than when the sentence is imposed for one of
7the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
8shall include the following:
9    "The purpose of this statement is to inform the public of
10the actual period of time this defendant is likely to spend in
11prison as a result of this sentence. The actual period of
12prison time served is determined by the statutes of Illinois as
13applied to this sentence by the Illinois Department of
14Corrections and the Illinois Prisoner Review Board. In this
15case, assuming the defendant receives all of his or her
16sentence credit, the period of estimated actual custody is ...
17years and ... months, less up to 180 days additional earned
18sentence credit. If the defendant, because of his or her own
19misconduct or failure to comply with the institutional
20regulations, does not receive those credits, the actual time
21served in prison will be longer. The defendant may also receive
22an additional one-half day sentence credit for each day of
23participation in vocational, industry, substance abuse, and
24educational programs as provided for by Illinois statute."
25    When the sentence is imposed for one of the offenses
26enumerated in paragraph (a)(2) of Section 3-6-3, other than

 

 

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1first degree murder, and the offense was committed on or after
2June 19, 1998, and when the sentence is imposed for reckless
3homicide as defined in subsection (e) of Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012 if the
5offense was committed on or after January 1, 1999, and when the
6sentence is imposed for aggravated driving under the influence
7of alcohol, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof as defined in
9subparagraph (F) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code, and when the sentence is
11imposed for aggravated arson if the offense was committed on or
12after July 27, 2001 (the effective date of Public Act 92-176),
13and when the sentence is imposed for aggravated driving under
14the influence of alcohol, other drug or drugs, or intoxicating
15compound or compounds, or any combination thereof as defined in
16subparagraph (C) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code committed on or after
18January 1, 2011 (the effective date of Public Act 96-1230), the
19judge's statement, to be given after pronouncing the sentence,
20shall include the following:
21    "The purpose of this statement is to inform the public of
22the actual period of time this defendant is likely to spend in
23prison as a result of this sentence. The actual period of
24prison time served is determined by the statutes of Illinois as
25applied to this sentence by the Illinois Department of
26Corrections and the Illinois Prisoner Review Board. In this

 

 

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1case, the defendant is entitled to no more than 4 1/2 days of
2sentence credit for each month of his or her sentence of
3imprisonment. Therefore, this defendant will serve at least 85%
4of his or her sentence. Assuming the defendant receives 4 1/2
5days credit for each month of his or her sentence, the period
6of estimated actual custody is ... years and ... months. If the
7defendant, because of his or her own misconduct or failure to
8comply with the institutional regulations receives lesser
9credit, the actual time served in prison will be longer."
10    When a sentence of imprisonment is imposed for first degree
11murder and the offense was committed on or after June 19, 1998,
12the judge's statement, to be given after pronouncing the
13sentence, shall include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois as
18applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant is not entitled to sentence credit.
21Therefore, this defendant will serve 100% of his or her
22sentence."
23    When the sentencing order recommends placement in a
24substance abuse program for any offense that results in
25incarceration in a Department of Corrections facility and the
26crime was committed on or after September 1, 2003 (the

 

 

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1effective date of Public Act 93-354), the judge's statement, in
2addition to any other judge's statement required under this
3Section, to be given after pronouncing the sentence, shall
4include the following:
5    "The purpose of this statement is to inform the public of
6the actual period of time this defendant is likely to spend in
7prison as a result of this sentence. The actual period of
8prison time served is determined by the statutes of Illinois as
9applied to this sentence by the Illinois Department of
10Corrections and the Illinois Prisoner Review Board. In this
11case, the defendant shall receive no earned sentence credit
12under clause (3) of subsection (a) of Section 3-6-3 until he or
13she participates in and completes a substance abuse treatment
14program or receives a waiver from the Director of Corrections
15pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
16    (c-4) Before the sentencing hearing and as part of the
17presentence investigation under Section 5-3-1, the court shall
18inquire of the defendant whether the defendant is currently
19serving in or is a veteran of the Armed Forces of the United
20States. If the defendant is currently serving in the Armed
21Forces of the United States or is a veteran of the Armed Forces
22of the United States and has been diagnosed as having a mental
23illness by a qualified psychiatrist or clinical psychologist or
24physician, the court may:
25        (1) order that the officer preparing the presentence
26    report consult with the United States Department of

 

 

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1    Veterans Affairs, Illinois Department of Veterans'
2    Affairs, or another agency or person with suitable
3    knowledge or experience for the purpose of providing the
4    court with information regarding treatment options
5    available to the defendant, including federal, State, and
6    local programming; and
7        (2) consider the treatment recommendations of any
8    diagnosing or treating mental health professionals
9    together with the treatment options available to the
10    defendant in imposing sentence.
11    For the purposes of this subsection (c-4), "qualified
12psychiatrist" means a reputable physician licensed in Illinois
13to practice medicine in all its branches, who has specialized
14in the diagnosis and treatment of mental and nervous disorders
15for a period of not less than 5 years.
16    (c-6) In imposing a sentence, the trial judge shall
17specify, on the record, the particular evidence and other
18reasons which led to his or her determination that a motor
19vehicle was used in the commission of the offense.
20    (d) When the defendant is committed to the Department of
21Corrections, the State's Attorney shall and counsel for the
22defendant may file a statement with the clerk of the court to
23be transmitted to the department, agency or institution to
24which the defendant is committed to furnish such department,
25agency or institution with the facts and circumstances of the
26offense for which the person was committed together with all

 

 

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1other factual information accessible to them in regard to the
2person prior to his commitment relative to his habits,
3associates, disposition and reputation and any other facts and
4circumstances which may aid such department, agency or
5institution during its custody of such person. The clerk shall
6within 10 days after receiving any such statements transmit a
7copy to such department, agency or institution and a copy to
8the other party, provided, however, that this shall not be
9cause for delay in conveying the person to the department,
10agency or institution to which he has been committed.
11    (e) The clerk of the court shall transmit to the
12department, agency or institution, if any, to which the
13defendant is committed, the following:
14        (1) the sentence imposed;
15        (2) any statement by the court of the basis for
16    imposing the sentence;
17        (3) any presentence reports;
18        (3.5) any sex offender evaluations;
19        (3.6) any substance abuse treatment eligibility
20    screening and assessment of the defendant by an agent
21    designated by the State of Illinois to provide assessment
22    services for the Illinois courts;
23        (4) the number of days, if any, which the defendant has
24    been in custody and for which he is entitled to credit
25    against the sentence, which information shall be provided
26    to the clerk by the sheriff;

 

 

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1        (4.1) any finding of great bodily harm made by the
2    court with respect to an offense enumerated in subsection
3    (c-1);
4        (5) all statements filed under subsection (d) of this
5    Section;
6        (6) any medical or mental health records or summaries
7    of the defendant;
8        (7) the municipality where the arrest of the offender
9    or the commission of the offense has occurred, where such
10    municipality has a population of more than 25,000 persons;
11        (8) all statements made and evidence offered under
12    paragraph (7) of subsection (a) of this Section; and
13        (9) all additional matters which the court directs the
14    clerk to transmit.
15    (f) In cases in which the court finds that a motor vehicle
16was used in the commission of the offense for which the
17defendant is being sentenced, the clerk of the court shall,
18within 5 days thereafter, forward a report of such conviction
19to the Secretary of State.
20(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18.)
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

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1made by this Act or (ii) provisions derived from any other
2Public Act.".