(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of imprisonment.
(a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section. (b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a
misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence. (c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances: (1) If, having regard to the nature and circumstances |
| of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record.
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(2) If one of the offenses for which a defendant was
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| convicted was a violation of Section 32-5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the offense was committed in attempting or committing a forcible felony.
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(3) If a person charged with a felony commits a
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| separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility, then the sentences imposed upon conviction of these felonies may be served consecutively regardless of the order in which the judgments of conviction are entered.
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(4) If a person commits a battery against a county
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| correctional officer or sheriff's employee while serving a sentence or in pretrial detention in a county jail facility, then the sentence imposed upon conviction of the battery may be served consecutively with the sentence imposed upon conviction of the earlier misdemeanor or felony, regardless of the order in which the judgments of conviction are entered.
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(5) If a person admitted to pretrial release
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| following conviction of a felony commits a separate felony while released pretrial or if a person detained in a county jail facility or county detention facility following conviction of a felony commits a separate felony while in detention, then any sentence following conviction of the separate felony may be consecutive to that of the original sentence for which the defendant was released pretrial or detained.
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(6) If a person is found to be in possession of an
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| item of contraband, as defined in Section 31A-0.1 of the Criminal Code of 2012, while serving a sentence in a county jail or while in pretrial detention in a county jail, the sentence imposed upon conviction for the offense of possessing contraband in a penal institution may be served consecutively to the sentence imposed for the offense for which the person is serving a sentence in the county jail or while in pretrial detention, regardless of the order in which the judgments of conviction are entered.
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(7) If a person is sentenced for a violation of a
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| condition of pretrial release under Section 32-10 of the Criminal Code of 1961 or the Criminal Code of 2012, any sentence imposed for that violation may be served consecutive to the sentence imposed for the charge for which pretrial release had been granted and with respect to which the defendant has been convicted.
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(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
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| convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury.
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(2) The defendant was convicted of a violation of
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| Section 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or 12-14 (aggravated criminal sexual assault), or 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
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(2.5) The defendant was convicted of a violation of
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| paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012; or the defendant was convicted of a violation of paragraph (6) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (6) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012, when the child depicted is under the age of 13.
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(3) The defendant was convicted of armed violence
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| based upon the predicate offense of any of the following: solicitation of murder, solicitation of murder for hire, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated criminal drug conspiracy, or streetgang criminal drug conspiracy.
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(4) The defendant was convicted of the offense of
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| leaving the scene of a motor vehicle crash involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an offense described in item (A) and an offense described in item (B).
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(5) The defendant was convicted of a violation of
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| Section 9-3.1 or Section 9-3.4 (concealment of homicidal death) or Section 12-20.5 (dismembering a human body) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3.1 or 5/12-20.5).
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(5.5) The defendant was convicted of a violation of
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| Section 24-3.7 (use of a stolen firearm in the commission of an offense) of the Criminal Code of 1961 or the Criminal Code of 2012.
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(6) If the defendant was in the custody of the
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| Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections.
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(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
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| for escape or attempted escape shall be served consecutive to the terms under which the offender is held by the Department of Corrections.
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(8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a
sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum
and aggregate minimum of consecutive sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior
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| to February 1, 1978, the aggregate maximum of consecutive sentences shall not exceed the maximum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. The aggregate minimum period of consecutive sentences shall not exceed the highest minimum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
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(2) For sentences imposed under the law in effect on
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| or after February 1, 1978, the aggregate of consecutive sentences for offenses that were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective shall not exceed the sum of the maximum terms authorized under Article 4.5 of Chapter V for the 2 most serious felonies involved, but no such limitation shall apply for offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
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(g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following:
(1) The maximum period of a term of imprisonment
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| shall consist of the aggregate of the maximums of the imposed indeterminate terms, if any, plus the aggregate of the imposed determinate sentences for felonies, plus the aggregate of the imposed determinate sentences for misdemeanors, subject to subsection (f) of this Section.
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(2) The parole or mandatory supervised release term
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| shall be as provided in paragraph (e) of Section 5-4.5-50 (730 ILCS 5/5-4.5-50) for the most serious of the offenses involved.
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(3) The minimum period of imprisonment shall be the
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| aggregate of the minimum and determinate periods of imprisonment imposed by the court, subject to subsection (f) of this Section.
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(4) The defendant shall be awarded credit against the
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| aggregate maximum term and the aggregate minimum term of imprisonment for all time served in an institution since the commission of the offense or offenses and as a consequence thereof at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3).
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(h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 102-1104, eff. 12-6-22 .)
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(730 ILCS 5/5-8-8) Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. (a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council. (b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois.
In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of this Code: (1) prescribe sanctions proportionate to the |
| seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders;
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(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
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| persons adjudicated offenders or delinquents; and
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(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following
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(A) the President of the Senate, or his or her
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(B) the Minority Leader of the Senate, or his or
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(C) the Speaker of the House, or his or her
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(D) the Minority Leader of the House, or his or
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(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been
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| circuit, appellate, or supreme court judges; retired judges shall be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(G-5) (blank);
(H) the Cook County State's Attorney, or his or
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(I) the Cook County Public Defender, or his or
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(J) a State's Attorney not from Cook County,
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| appointed by the State's Attorney's Appellate Prosecutor;
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(K) the State Appellate Defender, or his or her
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(L) the Director of the Administrative Office of
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| the Illinois Courts, or his or her designee;
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(M) a victim of a violent felony or a
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| representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(N) a representative of a community-based
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| organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(O) a criminal justice academic researcher, to be
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| selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(P) a representative of law enforcement from a
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| unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(Q) a sheriff outside of Cook County selected by
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| the members of the Council designated in clauses (c)(1)(A) through (L); and
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(R) ex-officio members shall include:
(i) the Director of Corrections, or his or
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(ii) the Chair of the Prisoner Review Board,
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(iii) the Director of the Illinois State
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| Police, or his or her designee;
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(iv) the Director of the Illinois Criminal
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| Justice Information Authority, or his or her designee; and
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(v) the Cook County Sheriff, or his or her
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(1.5) The Chair and Vice Chair shall be elected from
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| among its members by a majority of the members of the Council.
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(2) Members of the Council who serve because of their
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| public office or position, or those who are designated as members by such officials, shall serve only as long as they hold such office or position.
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(3) Council members shall serve without compensation
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| but shall be reimbursed for travel and per diem expenses incurred in their work for the Council.
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(4) The Council may exercise any power, perform any
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| function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The term of office of each member of the Council ends on the date of repeal of this amendatory Act of the 96th General Assembly.
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(5) The Council shall determine the qualifications
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| for and hire the Executive Director.
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(d) Duties. The Council shall perform, as resources permit, duties including:
(1) Collect and analyze information including
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| sentencing data, crime trends, and existing correctional resources to support legislative and executive action affecting the use of correctional resources on the State and local levels.
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(2) Prepare criminal justice population projections
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| annually, including correctional and community-based supervision populations.
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(3) Analyze data relevant to proposed sentencing
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| legislation and its effect on current policies or practices, and provide information to support evidence-based sentencing.
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(4) Ensure that adequate resources and facilities are
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| available for carrying out sentences imposed on offenders and that rational priorities are established for the use of those resources. To do so, the Council shall prepare criminal justice resource statements, identifying the fiscal and practical effects of proposed criminal sentencing legislation, including, but not limited to, the correctional population, court processes, and county or local government resources.
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(4.5) Study and conduct a thorough analysis of
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| sentencing under Section 5-4.5-110 of this Code. The Sentencing Policy Advisory Council shall provide annual reports to the Governor and General Assembly, including the total number of persons sentenced under Section 5-4.5-110 of this Code, the total number of departures from sentences under Section 5-4.5-110 of this Code, and an analysis of trends in sentencing and departures. On or before December 31, 2022, the Sentencing Policy Advisory Council shall provide a report to the Governor and General Assembly on the effectiveness of sentencing under Section 5-4.5-110 of this Code, including recommendations on whether sentencing under Section 5-4.5-110 of this Code should be adjusted or continued.
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(5) Perform such other studies or tasks pertaining to
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| sentencing policies as may be requested by the Governor or the Illinois General Assembly.
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(6) Perform such other functions as may be required
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| by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b).
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(7) Publish a report on the trends in sentencing for
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| offenders described in subsection (b-1) of Section 5-4-1 of this Code, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made by adding subsection (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
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(e) Authority.
(1) The Council shall have the power to perform the
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| functions necessary to carry out its duties, purposes and goals under this Act. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections.
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(2) Upon request from the Council, each executive
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| agency and department of State and local government shall provide information and records to the Council in the execution of its duties.
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(f) Report. The Council shall report in writing annually to the General Assembly, the Illinois Supreme Court, and the Governor.
(g) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17; 101-279, eff. 8-9-19.)
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(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising authority may
promulgate rules that prescribe reasonable guidelines under which an
electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include,
but not be limited to, the following:
(A) The participant may be instructed to remain |
| within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:
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(1) working or employment approved by the court
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| or traveling to or from approved employment;
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(2) unemployed and seeking employment approved
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| for the participant by the court;
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(3) undergoing medical, psychiatric, mental
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| health treatment, counseling, or other treatment programs approved for the participant by the court;
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(4) attending an educational institution or a
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| program approved for the participant by the court;
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(5) attending a regularly scheduled religious
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| service at a place of worship;
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(6) participating in community work release or
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| community service programs approved for the participant by the supervising authority;
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(7) for another compelling reason consistent with
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| the public interest, as approved by the supervising authority; or
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(8) purchasing groceries, food, or other basic
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(A-1) At a minimum, any person ordered to pretrial
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| home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
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(B) The participant shall admit any person or agent
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| designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.
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(C) The participant shall make the necessary
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| arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.
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(D) The participant shall acknowledge and participate
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| with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.
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(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's
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| home, or on the participant's person, or both; and
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(3) a monitoring device in the participant's home
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| and on the participant's person in the absence of a telephone.
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(F) The participant shall obtain approval from the
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| supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.
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(G) The participant shall not commit another crime
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| during the period of home detention ordered by the Court.
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(H) Notice to the participant that violation of the
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| order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
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(I) The participant shall abide by other conditions
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| as set by the supervising authority.
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(J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
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(730 ILCS 5/5-8A-4.2) Sec. 5-8A-4.2. Successful transition to the community. (a) The Department shall engage in reentry planning to include individualized case planning for persons preparing to be released to the community. This planning shall begin at intake and be supported throughout the term of incarceration, with a focused emphasis in the year prior to the inmate's mandatory statutory release date. All inmates within one year of their mandatory statutory release data shall be deemed to be in reentry status. The Department shall develop administrative directives to define reentry status based on the requirements of this Section. (b) The Department shall develop incentives to increase program and
treatment participation,
positive behavior, and readiness to change. (c) The Department shall coordinate with, and provide access at the point of release for, community partners and State and local government agencies to support successful transitions through assistance in planning and by providing appropriate programs to inmates in reentry status. The Department shall work with community partners and appropriate state agencies to
support the successful transitions through assistance in
planning and by providing appropriate
programs to persons prior to release. Release planning shall include, but is not limited to: (1) necessary documentation to include birth |
| certificate, social security card, and identification card;
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(2) vocational or educational short-term and
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(3) financial literacy and planning to include
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| payments of fines, fees, restitution, child support, and other debt;
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(4) access to healthcare, mental healthcare, and
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| chemical dependency treatment;
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(5) living and transportation arrangements;
(6) family reunification, if appropriate, and
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| pro-social support networks; and
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(7) information about community-based employment
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| services and employment service programs available for persons with prior arrest or criminal convictions.
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(d) The Illinois Housing Development Authority shall create a Frequent Users Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program for the most vulnerable persons exiting the Department of Corrections. The Re-Entry rental subsidy supportive housing program shall be targeted to persons with disabilities who have a history of incarcerations, hospitalizations, and homelessness. The Illinois Housing Development Authority, the Department of Human Services Statewide Housing Coordinator, stakeholders, and the Department of Corrections shall adopt policies and procedures for the FUSE Re-Entry rental subsidy supportive housing program including eligibility criteria, geographic distribution, and documentation requirements which are similar to the Rental Housing Support Program. The funding formula for this program shall be developed by calculating the number of prison bed days saved through the timely releases that would not be possible but for the Re-Entry rental subsidy supportive housing program. Funding shall include administrative costs for the Illinois Housing Development Authority to operate the program.
(e) The Department shall report to the General Assembly on or before January 1, 2019, and annually thereafter, on
these activities to support successful transitions to the community. This report shall include the
following information regarding persons released from the Department:
(1) the total number of persons released each year
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(2) the number of persons assessed as having a high
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| or moderate criminogenic need who have completed programming addressing that criminogenic need prior to release listed by program and county;
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(3) the number of persons released in the reporting
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| year who have engaged in pre-release planning prior to their release listed by county;
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(4) the number of persons who have been released to
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| electronic detention prior to their mandatory supervised release date;
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(5) the number of persons who have been released
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| after their mandatory supervised release date, average time past mandatory supervised release date, and reasons held past mandatory supervised release date; and
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(6) when implemented, the number of Frequent Users
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| Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program participants and average prison bed days saved.
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(Source: P.A. 100-575, eff. 1-8-18.)
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