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90_HB2308
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-5-3
Amends the Unified Code of Corrections. Provides that a
prisoner serving a felony sentence for an offense that was
related to the activities of an organized gang shall be
ineligible for probation, periodic imprisonment, or
conditional discharge and shall not receive any good conduct
credit. Effective January 1, 1998.
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1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3, 5-4-1, and 5-5-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.1) For all offenses, other than those enumerated
14 in subdivision (a)(2) committed on or after the effective
15 date of this amendatory Act of 1995 and except as
16 otherwise provided in this subsection (a), the rules and
17 regulations shall provide that a prisoner who is serving
18 a term of imprisonment shall receive one day of good
19 conduct credit for each day of his or her sentence of
20 imprisonment or recommitment under Section 3-3-9. Each
21 day of good conduct credit shall reduce by one day the
22 prisoner's period of imprisonment or recommitment under
23 Section 3-3-9.
24 (2.2) A prisoner serving a term of natural life
25 imprisonment or a prisoner who has been sentenced to
26 death shall receive no good conduct credit.
27 (2.3) A prisoner who is serving sentence for a
28 felony committed on or after the effective date of this
29 amendatory Act of 1997 if the offense was related to the
30 activities of an organized gang as defined in Section 10
31 of the Illinois Streetgang Terrorism Omnibus Prevention
32 Act shall receive no good conduct credit.
33 (3) The rules and regulations shall also provide
34 that the Director may award up to 180 days additional
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1 good conduct credit for meritorious service in specific
2 instances as the Director deems proper; except that no
3 more than 90 days of good conduct credit for meritorious
4 service shall be awarded to any prisoner who is serving a
5 sentence for conviction of first degree murder, reckless
6 homicide while under the influence of alcohol or any
7 other drug, aggravated kidnapping, kidnapping, predatory
8 criminal sexual assault of a child, aggravated criminal
9 sexual assault, criminal sexual assault, deviate sexual
10 assault, aggravated criminal sexual abuse, aggravated
11 indecent liberties with a child, indecent liberties with
12 a child, child pornography, heinous battery, aggravated
13 battery of a spouse, aggravated battery of a spouse with
14 a firearm, stalking, aggravated stalking, aggravated
15 battery of a child, endangering the life or health of a
16 child, cruelty to a child, or narcotic racketeering.
17 Notwithstanding the foregoing, good conduct credit for
18 meritorious service shall not be awarded on a sentence of
19 imprisonment imposed for conviction of one of the
20 offenses enumerated in subdivision (a)(2) when the
21 offense is committed on or after the effective date of
22 this amendatory Act of 1995.
23 (4) The rules and regulations shall also provide
24 that the good conduct credit accumulated and retained
25 under paragraph (2.1) of subsection (a) of this Section
26 by any inmate during specific periods of time in which
27 such inmate is engaged full-time in substance abuse
28 programs, correctional industry assignments, or
29 educational programs provided by the Department under
30 this paragraph (4) and satisfactorily completes the
31 assigned program as determined by the standards of the
32 Department, shall be multiplied by a factor of 1.25 for
33 program participation before the effective date of this
34 amendatory Act of 1993 and 1.50 for program participation
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1 on or after that date. However, no inmate shall be
2 eligible for the additional good conduct credit under
3 this paragraph (4) while assigned to a boot camp, mental
4 health unit, or electronic detention, or if convicted of
5 an offense enumerated in paragraph (a)(2) of this Section
6 that is committed on or after the effective date of this
7 amendatory Act of 1995, or first degree murder, a Class X
8 felony, criminal sexual assault, felony criminal sexual
9 abuse, aggravated criminal sexual abuse, aggravated
10 battery with a firearm, or any predecessor or successor
11 offenses with the same or substantially the same
12 elements, or any inchoate offenses relating to the
13 foregoing offenses. No inmate shall be eligible for the
14 additional good conduct credit under this paragraph (4)
15 who (i) has previously received increased good conduct
16 credit under this paragraph (4) and has subsequently been
17 convicted of a felony, or (ii) has previously served more
18 than one prior sentence of imprisonment for a felony in
19 an adult correctional facility.
20 Educational, vocational, substance abuse and
21 correctional industry programs under which good conduct
22 credit may be increased under this paragraph (4) shall be
23 evaluated by the Department on the basis of documented
24 standards. The Department shall report the results of
25 these evaluations to the Governor and the General
26 Assembly by September 30th of each year. The reports
27 shall include data relating to the recidivism rate among
28 program participants.
29 Availability of these programs shall be subject to
30 the limits of fiscal resources appropriated by the
31 General Assembly for these purposes. Eligible inmates
32 who are denied immediate admission shall be placed on a
33 waiting list under criteria established by the
34 Department. The inability of any inmate to become engaged
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1 in any such programs by reason of insufficient program
2 resources or for any other reason established under the
3 rules and regulations of the Department shall not be
4 deemed a cause of action under which the Department or
5 any employee or agent of the Department shall be liable
6 for damages to the inmate.
7 (5) Whenever the Department is to release any
8 inmate earlier than it otherwise would because of a grant
9 of good conduct credit for meritorious service given at
10 any time during the term, the Department shall give
11 reasonable advance notice of the impending release to the
12 State's Attorney of the county where the prosecution of
13 the inmate took place.
14 (b) Whenever a person is or has been committed under
15 several convictions, with separate sentences, the sentences
16 shall be construed under Section 5-8-4 in granting and
17 forfeiting of good time.
18 (c) The Department shall prescribe rules and regulations
19 for revoking good conduct credit, or suspending or reducing
20 the rate of accumulation of good conduct credit for specific
21 rule violations, during imprisonment. These rules and
22 regulations shall provide that no inmate may be penalized
23 more than one year of good conduct credit for any one
24 infraction.
25 When the Department seeks to revoke, suspend or reduce
26 the rate of accumulation of any good conduct credits for an
27 alleged infraction of its rules, it shall bring charges
28 therefor against the prisoner sought to be so deprived of
29 good conduct credits before the Prisoner Review Board as
30 provided in subparagraph (a)(4) of Section 3-3-2 of this
31 Code, if the amount of credit at issue exceeds 30 days or
32 when during any 12 month period, the cumulative amount of
33 credit revoked exceeds 30 days except where the infraction is
34 committed or discovered within 60 days of scheduled release.
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1 In those cases, the Department of Corrections may revoke up
2 to 30 days of good conduct credit. The Board may subsequently
3 approve the revocation of additional good conduct credit, if
4 the Department seeks to revoke good conduct credit in excess
5 of 30 days. However, the Board shall not be empowered to
6 review the Department's decision with respect to the loss of
7 30 days of good conduct credit within any calendar year for
8 any prisoner or to increase any penalty beyond the length
9 requested by the Department.
10 The Director of the Department of Corrections, in
11 appropriate cases, may restore up to 30 days good conduct
12 credits which have been revoked, suspended or reduced. Any
13 restoration of good conduct credits in excess of 30 days
14 shall be subject to review by the Prisoner Review Board.
15 However, the Board may not restore good conduct credit in
16 excess of the amount requested by the Director.
17 Nothing contained in this Section shall prohibit the
18 Prisoner Review Board from ordering, pursuant to Section
19 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
20 the sentence imposed by the court that was not served due to
21 the accumulation of good conduct credit.
22 (d) If a lawsuit is filed by a prisoner in an Illinois
23 or federal court against the State, the Department of
24 Corrections, or the Prisoner Review Board, or against any of
25 their officers or employees, and the court makes a specific
26 finding that a pleading, motion, or other paper filed by the
27 prisoner is frivolous, the Department of Corrections shall
28 conduct a hearing to revoke up to 180 days of good conduct
29 credit by bringing charges against the prisoner sought to be
30 deprived of the good conduct credits before the Prisoner
31 Review Board as provided in subparagraph (a)(8) of Section
32 3-3-2 of this Code. If the prisoner has not accumulated 180
33 days of good conduct credit at the time of the finding, then
34 the Prisoner Review Board may revoke all good conduct credit
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1 accumulated by the prisoner.
2 For purposes of this subsection (d):
3 (1) "Frivolous" means that a pleading, motion, or
4 other filing which purports to be a legal document filed
5 by a prisoner in his or her lawsuit meets any or all of
6 the following criteria:
7 (A) it lacks an arguable basis either in law
8 or in fact;
9 (B) it is being presented for any improper
10 purpose, such as to harass or to cause unnecessary
11 delay or needless increase in the cost of
12 litigation;
13 (C) the claims, defenses, and other legal
14 contentions therein are not warranted by existing
15 law or by a nonfrivolous argument for the extension,
16 modification, or reversal of existing law or the
17 establishment of new law;
18 (D) the allegations and other factual
19 contentions do not have evidentiary support or, if
20 specifically so identified, are not likely to have
21 evidentiary support after a reasonable opportunity
22 for further investigation or discovery; or
23 (E) the denials of factual contentions are not
24 warranted on the evidence, or if specifically so
25 identified, are not reasonably based on a lack of
26 information or belief.
27 (2) "Lawsuit" means a petition for post conviction
28 relief under Article 122 of the Code of Criminal
29 Procedure of 1963, a motion pursuant to Section 116-3 of
30 the Code of Criminal Procedure of 1963, a habeas corpus
31 action under Article X of the Code of Civil Procedure or
32 under federal law (28 U.S.C. 2254), a petition for claim
33 under the Court of Claims Act or an action under the
34 federal Civil Rights Act (42 U.S.C. 1983).
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1 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
2 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
3 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
4 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
5 Sec. 5-4-1. Sentencing Hearing.
6 (a) Except when the death penalty is sought under
7 hearing procedures otherwise specified, after a determination
8 of guilt, a hearing shall be held to impose the sentence.
9 However, prior to the imposition of sentence on an individual
10 being sentenced for an offense based upon a charge for a
11 violation of Section 11-501 of the Illinois Vehicle Code or a
12 similar provision of a local ordinance, the individual must
13 undergo a professional evaluation to determine if an alcohol
14 or other drug abuse problem exists and the extent of such a
15 problem. Programs conducting these evaluations shall be
16 licensed by the Department of Human Services. However, if
17 the individual is not a resident of Illinois, the court may,
18 in its discretion, accept an evaluation from a program in the
19 state of such individual's residence. The court may in its
20 sentencing order approve an eligible defendant for placement
21 in a Department of Corrections impact incarceration program
22 as provided in Section 5-8-1.1. At the hearing the court
23 shall:
24 (1) consider the evidence, if any, received upon
25 the trial;
26 (2) consider any presentence reports;
27 (3) consider the financial impact of incarceration
28 based on the financial impact statement filed with the
29 clerk of the court by the Department of Corrections;
30 (4) consider evidence and information offered by
31 the parties in aggravation and mitigation;
32 (5) hear arguments as to sentencing alternatives;
33 (6) afford the defendant the opportunity to make a
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1 statement in his own behalf;
2 (7) afford the victim of a violent crime or a
3 violation of Section 11-501 of the Illinois Vehicle Code,
4 or a similar provision of a local ordinance, committed by
5 the defendant the opportunity to make a statement
6 concerning the impact on the victim and to offer evidence
7 in aggravation or mitigation; provided that the statement
8 and evidence offered in aggravation or mitigation must
9 first be prepared in writing in conjunction with the
10 State's Attorney before it may be presented orally at the
11 hearing. Any sworn testimony offered by the victim is
12 subject to the defendant's right to cross-examine. All
13 statements and evidence offered under this paragraph (7)
14 shall become part of the record of the court; and
15 (8) in cases of reckless homicide afford the
16 victim's spouse, guardians, parents or other immediate
17 family members an opportunity to make oral statements.
18 (b) All sentences shall be imposed by the judge based
19 upon his independent assessment of the elements specified
20 above and any agreement as to sentence reached by the
21 parties. The judge who presided at the trial or the judge
22 who accepted the plea of guilty shall impose the sentence
23 unless he is no longer sitting as a judge in that court.
24 Where the judge does not impose sentence at the same time on
25 all defendants who are convicted as a result of being
26 involved in the same offense, the defendant or the State's
27 attorney may advise the sentencing court of the disposition
28 of any other defendants who have been sentenced.
29 (c) In imposing a sentence for a violent crime or for an
30 offense of operating or being in physical control of a
31 vehicle while under the influence of alcohol, any other drug
32 or any combination thereof, or a similar provision of a local
33 ordinance, when such offense resulted in the personal injury
34 to someone other than the defendant, the trial judge shall
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1 specify on the record the particular evidence, information,
2 factors in mitigation and aggravation or other reasons that
3 led to his sentencing determination. The full verbatim record
4 of the sentencing hearing shall be filed with the clerk of
5 the court and shall be a public record.
6 (c-1) In imposing a sentence for the offense of
7 aggravated kidnapping for ransom, home invasion, armed
8 robbery, aggravated vehicular hijacking, aggravated discharge
9 of a firearm, or armed violence with a category I weapon or
10 category II weapon, the trial judge shall make a finding as
11 to whether the conduct leading to conviction for the offense
12 resulted in great bodily harm to a victim, and shall enter
13 that finding and the basis for that finding in the record.
14 (c-2) If the defendant is sentenced to prison, other
15 than when a sentence of natural life imprisonment or a
16 sentence of death is imposed, at the time the sentence is
17 imposed the judge shall state on the record in open court the
18 approximate period of time the defendant will serve in
19 custody according to the then current statutory rules and
20 regulations for early release found in Section 3-6-3 and
21 other related provisions of this Code. This statement is
22 intended solely to inform the public, has no legal effect on
23 the defendant's actual release, and may not be relied on by
24 the defendant on appeal.
25 The judge's statement, to be given after pronouncing the
26 sentence, other than when the sentence is imposed for one of
27 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
28 shall include the following:
29 "The purpose of this statement is to inform the public of
30 the actual period of time this defendant is likely to spend
31 in prison as a result of this sentence. The actual period of
32 prison time served is determined by the statutes of Illinois
33 as applied to this sentence by the Illinois Department of
34 Corrections and the Illinois Prisoner Review Board. In this
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1 case, assuming the defendant receives all of his or her good
2 conduct credit, the period of estimated actual custody is ...
3 years and ... months, less up to 180 days additional good
4 conduct credit for meritorious service. If the defendant,
5 because of his or her own misconduct or failure to comply
6 with the institutional regulations, does not receive those
7 credits, the actual time served in prison will be longer.
8 The defendant may also receive an additional one-half day
9 good conduct credit for each day of participation in
10 vocational, industry, substance abuse, and educational
11 programs as provided for by Illinois statute."
12 When the sentence is imposed for one of the offenses
13 enumerated in paragraph (a)(3) of Section 3-6-3, other than
14 when the sentence is imposed for one of the offenses
15 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
16 or after the effective date of this amendatory Act of 1995 or
17 other than when a sentence of imprisonment is imposed for a
18 felony if the offense was related to the activities of an
19 organized gang and the offense was committed on or after the
20 effective date of this amendatory Act of 1997, the judge's
21 statement, to be given after pronouncing the sentence, shall
22 include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, assuming the defendant receives all of his or her good
30 conduct credit, the period of estimated actual custody is ...
31 years and ... months, less up to 90 days additional good
32 conduct credit for meritorious service. If the defendant,
33 because of his or her own misconduct or failure to comply
34 with the institutional regulations, does not receive those
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1 credits, the actual time served in prison will be longer.
2 The defendant may also receive an additional one-half day
3 good conduct credit for each day of participation in
4 vocational, industry, substance abuse, and educational
5 programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(2) of Section 3-6-3, other than
8 first degree murder, and the offense was committed on or
9 after the effective date of this amendatory Act of 1995, the
10 judge's statement, to be given after pronouncing the
11 sentence, shall include the following:
12 "The purpose of this statement is to inform the public of
13 the actual period of time this defendant is likely to spend
14 in prison as a result of this sentence. The actual period of
15 prison time served is determined by the statutes of Illinois
16 as applied to this sentence by the Illinois Department of
17 Corrections and the Illinois Prisoner Review Board. In this
18 case, the defendant is entitled to no more than 4 1/2 days of
19 good conduct credit for each month of his or her sentence of
20 imprisonment. Therefore, this defendant will serve at least
21 85% of his or her sentence. Assuming the defendant receives
22 4 1/2 days credit for each month of his or her sentence, the
23 period of estimated actual custody is ... years and ...
24 months. If the defendant, because of his or her own
25 misconduct or failure to comply with the institutional
26 regulations receives lesser credit, the actual time served in
27 prison will be longer."
28 When a sentence of imprisonment is imposed for first
29 degree murder and the offense was committed on or after the
30 effective date of this amendatory Act of 1995 or when a
31 sentence of imprisonment is imposed for a felony if the
32 offense was related to the activities of an organized gang
33 and the offense was committed on or after the effective date
34 of this amendatory Act of 1997, the judge's statement, to be
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1 given after pronouncing the sentence, shall include the
2 following:
3 "The purpose of this statement is to inform the public of
4 the actual period of time this defendant is likely to spend
5 in prison as a result of this sentence. The actual period of
6 prison time served is determined by the statutes of Illinois
7 as applied to this sentence by the Illinois Department of
8 Corrections and the Illinois Prisoner Review Board. In this
9 case, the defendant is not entitled to good conduct credit.
10 Therefore, this defendant will serve 100% of his or her
11 sentence."
12 (d) When the defendant is committed to the Department of
13 Corrections, the State's Attorney shall and counsel for the
14 defendant may file a statement with the clerk of the court to
15 be transmitted to the department, agency or institution to
16 which the defendant is committed to furnish such department,
17 agency or institution with the facts and circumstances of the
18 offense for which the person was committed together with all
19 other factual information accessible to them in regard to the
20 person prior to his commitment relative to his habits,
21 associates, disposition and reputation and any other facts
22 and circumstances which may aid such department, agency or
23 institution during its custody of such person. The clerk
24 shall within 10 days after receiving any such statements
25 transmit a copy to such department, agency or institution and
26 a copy to the other party, provided, however, that this shall
27 not be cause for delay in conveying the person to the
28 department, agency or institution to which he has been
29 committed.
30 (e) The clerk of the court shall transmit to the
31 department, agency or institution, if any, to which the
32 defendant is committed, the following:
33 (1) the sentence imposed;
34 (2) any statement by the court of the basis for
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1 imposing the sentence;
2 (3) any presentence reports;
3 (4) the number of days, if any, which the defendant
4 has been in custody and for which he is entitled to
5 credit against the sentence, which information shall be
6 provided to the clerk by the sheriff;
7 (4.1) any finding of great bodily harm made by the
8 court with respect to an offense enumerated in subsection
9 (c-1);
10 (5) all statements filed under subsection (d) of
11 this Section;
12 (6) any medical or mental health records or
13 summaries of the defendant;
14 (7) the municipality where the arrest of the
15 offender or the commission of the offense has occurred,
16 where such municipality has a population of more than
17 25,000 persons;
18 (8) all statements made and evidence offered under
19 paragraph (7) of subsection (a) of this Section; and
20 (9) all additional matters which the court directs
21 the clerk to transmit.
22 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
23 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
24 Sec. 5-5-3. Disposition.
25 (a) Every person convicted of an offense shall be
26 sentenced as provided in this Section.
27 (b) The following options shall be appropriate
28 dispositions, alone or in combination, for all felonies and
29 misdemeanors other than those identified in subsection (c) of
30 this Section:
31 (1) A period of probation.
32 (2) A term of periodic imprisonment.
33 (3) A term of conditional discharge.
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1 (4) A term of imprisonment.
2 (5) An order directing the offender to clean up and
3 repair the damage, if the offender was convicted under
4 paragraph (h) of Section 21-1 of the Criminal Code of
5 1961.
6 (6) A fine.
7 (7) An order directing the offender to make
8 restitution to the victim under Section 5-5-6 of this
9 Code.
10 (8) A sentence of participation in a county impact
11 incarceration program under Section 5-8-1.2 of this Code.
12 Whenever an individual is sentenced for an offense based
13 upon an arrest for a violation of Section 11-501 of the
14 Illinois Vehicle Code, or a similar provision of a local
15 ordinance, and the professional evaluation recommends
16 remedial or rehabilitative treatment or education, neither
17 the treatment nor the education shall be the sole disposition
18 and either or both may be imposed only in conjunction with
19 another disposition. The court shall monitor compliance with
20 any remedial education or treatment recommendations contained
21 in the professional evaluation. Programs conducting alcohol
22 or other drug evaluation or remedial education must be
23 licensed by the Department of Human Services. However, if
24 the individual is not a resident of Illinois, the court may
25 accept an alcohol or other drug evaluation or remedial
26 education program in the state of such individual's
27 residence. Programs providing treatment must be licensed
28 under existing applicable alcoholism and drug treatment
29 licensure standards.
30 In addition to any other fine or penalty required by law,
31 any individual convicted of a violation of Section 11-501 of
32 the Illinois Vehicle Code or a similar provision of local
33 ordinance, whose operation of a motor vehicle while in
34 violation of Section 11-501 or such ordinance proximately
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1 caused an incident resulting in an appropriate emergency
2 response, shall be required to make restitution to a public
3 agency for the costs of that emergency response. Such
4 restitution shall not exceed $500 per public agency for each
5 such emergency response. For the purpose of this paragraph,
6 emergency response shall mean any incident requiring a
7 response by: a police officer as defined under Section 1-162
8 of the Illinois Vehicle Code; a fireman carried on the rolls
9 of a regularly constituted fire department; and an ambulance
10 as defined under Section 4.05 of the Emergency Medical
11 Services (EMS) Systems Act.
12 Neither a fine nor restitution shall be the sole
13 disposition for a felony and either or both may be imposed
14 only in conjunction with another disposition.
15 (c) (1) When a defendant is found guilty of first degree
16 murder the State may either seek a sentence of
17 imprisonment under Section 5-8-1 of this Code, or where
18 appropriate seek a sentence of death under Section 9-1 of
19 the Criminal Code of 1961.
20 (2) A period of probation, a term of periodic
21 imprisonment or conditional discharge shall not be
22 imposed for the following offenses. The court shall
23 sentence the offender to not less than the minimum term
24 of imprisonment set forth in this Code for the following
25 offenses, and may order a fine or restitution or both in
26 conjunction with such term of imprisonment:
27 (A) First degree murder where the death
28 penalty is not imposed.
29 (B) Attempted first degree murder.
30 (C) A Class X felony.
31 (D) A violation of Section 401.1 or 407 of the
32 Illinois Controlled Substances Act, or a violation
33 of subdivision (c)(2) of Section 401 of that Act
34 which relates to more than 5 grams of a substance
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1 containing cocaine or an analog thereof.
2 (E) A violation of Section 5.1 or 9 of the
3 Cannabis Control Act.
4 (F) A Class 2 or greater felony if the
5 offender had been convicted of a Class 2 or greater
6 felony within 10 years of the date on which he
7 committed the offense for which he is being
8 sentenced.
9 (G) Residential burglary.
10 (H) Criminal sexual assault, except as
11 otherwise provided in subsection (e) of this
12 Section.
13 (I) Aggravated battery of a senior citizen.
14 (J) A forcible felony if the offense was
15 related to the activities of an organized gang.
16 Before July 1, 1994, for the purposes of this
17 paragraph, "organized gang" means an association of
18 5 or more persons, with an established hierarchy,
19 that encourages members of the association to
20 perpetrate crimes or provides support to the members
21 of the association who do commit crimes.
22 Beginning July 1, 1994, for the purposes of
23 this paragraph, "organized gang" has the meaning
24 ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (K) Vehicular hijacking.
27 (L) A second or subsequent conviction for the
28 offense of hate crime when the underlying offense
29 upon which the hate crime is based is felony
30 aggravated assault or felony mob action.
31 (M) A second or subsequent conviction for the
32 offense of institutional vandalism if the damage to
33 the property exceeds $300.
34 (N) A Class 3 felony violation of paragraph
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1 (1) of subsection (a) of Section 2 of the Firearm
2 Owners Identification Card Act.
3 (O) A violation of Section 12-6.1 of the
4 Criminal Code of 1961.
5 (P) A violation of paragraph (1), (2), (3),
6 (4), (5), or (7) of subsection (a) of Section
7 11-20.1 of the Criminal Code of 1961.
8 (3) A minimum term of imprisonment of not less than
9 48 consecutive hours or 100 hours of community service as
10 may be determined by the court shall be imposed for a
11 second or subsequent violation committed within 5 years
12 of a previous violation of Section 11-501 of the Illinois
13 Vehicle Code or a similar provision of a local ordinance.
14 (4) A minimum term of imprisonment of not less than
15 7 consecutive days or 30 days of community service shall
16 be imposed for a violation of paragraph (c) of Section
17 6-303 of the Illinois Vehicle Code.
18 (4.1) A minimum term of 30 consecutive days of
19 imprisonment, 40 days of 24 hour periodic imprisonment or
20 720 hours of community service, as may be determined by
21 the court, shall be imposed for a violation of Section
22 11-501 of the Illinois Vehicle Code during a period in
23 which the defendant's driving privileges are revoked or
24 suspended, where the revocation or suspension was for a
25 violation of Section 11-501 or Section 11-501.1 of that
26 Code.
27 (5) The court may sentence an offender convicted of
28 a business offense or a petty offense or a corporation or
29 unincorporated association convicted of any offense to:
30 (A) a period of conditional discharge;
31 (B) a fine;
32 (C) make restitution to the victim under
33 Section 5-5-6 of this Code.
34 (6) In no case shall an offender be eligible for a
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1 disposition of probation or conditional discharge for a
2 Class 1 felony committed while he was serving a term of
3 probation or conditional discharge for a felony.
4 (7) When a defendant is adjudged a habitual
5 criminal under Article 33B of the Criminal Code of 1961,
6 the court shall sentence the defendant to a term of
7 natural life imprisonment.
8 (8) When a defendant, over the age of 21 years, is
9 convicted of a Class 1 or Class 2 felony, after having
10 twice been convicted of any Class 2 or greater Class
11 felonies in Illinois, and such charges are separately
12 brought and tried and arise out of different series of
13 acts, such defendant shall be sentenced as a Class X
14 offender. This paragraph shall not apply unless (1) the
15 first felony was committed after the effective date of
16 this amendatory Act of 1977; and (2) the second felony
17 was committed after conviction on the first; and (3) the
18 third felony was committed after conviction on the
19 second.
20 (9) A defendant convicted of a second or subsequent
21 offense of ritualized abuse of a child may be sentenced
22 to a term of natural life imprisonment.
23 (10) Beginning July 1, 1994, unless sentencing
24 under Section 33B-1 is applicable, a term of imprisonment
25 of not less than 15 years nor more than 50 years shall be
26 imposed on a defendant who violates Section 33A-2 of the
27 Criminal Code of 1961 with a firearm, when that person
28 has been convicted in any state or federal court of 3 or
29 more of the following offenses: treason, first degree
30 murder, second degree murder, aggravated criminal sexual
31 assault, criminal sexual assault, robbery, burglary,
32 arson, kidnaping, aggravated battery resulting in great
33 bodily harm or permanent disability or disfigurement, or
34 a violation of Section 401(a) of the Illinois Controlled
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1 Substances Act, when the third offense was committed
2 after conviction on the second, the second offense was
3 committed after conviction on the first, and the
4 violation of Section 33A-2 of the Criminal Code of 1961
5 was committed after conviction on the third.
6 (11) Beginning July 1, 1994, a term of imprisonment
7 of not less than 10 years and not more than 30 years
8 shall be imposed on a defendant who violates Section
9 33A-2 with a Category I weapon where the offense was
10 committed in any school, or any conveyance owned, leased,
11 or contracted by a school to transport students to or
12 from school or a school related activity, on the real
13 property comprising any school or public park, and where
14 the offense was related to the activities of an organized
15 gang. For the purposes of this paragraph (11),
16 "organized gang" has the meaning ascribed to it in
17 Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (d) In any case in which a sentence originally imposed
20 is vacated, the case shall be remanded to the trial court.
21 The trial court shall hold a hearing under Section 5-4-1 of
22 the Unified Code of Corrections which may include evidence of
23 the defendant's life, moral character and occupation during
24 the time since the original sentence was passed. The trial
25 court shall then impose sentence upon the defendant. The
26 trial court may impose any sentence which could have been
27 imposed at the original trial subject to Section 5-5-4 of the
28 Unified Code of Corrections.
29 (e) In cases where prosecution for criminal sexual
30 assault or aggravated criminal sexual abuse under Section
31 12-13 or 12-16 of the Criminal Code of 1961 results in
32 conviction of a defendant who was a family member of the
33 victim at the time of the commission of the offense, the
34 court shall consider the safety and welfare of the victim and
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1 may impose a sentence of probation only where:
2 (1) the court finds (A) or (B) or both are
3 appropriate:
4 (A) the defendant is willing to undergo a
5 court approved counseling program for a minimum
6 duration of 2 years; or
7 (B) the defendant is willing to participate in
8 a court approved plan including but not limited to
9 the defendant's:
10 (i) removal from the household;
11 (ii) restricted contact with the victim;
12 (iii) continued financial support of the
13 family;
14 (iv) restitution for harm done to the
15 victim; and
16 (v) compliance with any other measures
17 that the court may deem appropriate; and
18 (2) the court orders the defendant to pay for the
19 victim's counseling services, to the extent that the
20 court finds, after considering the defendant's income and
21 assets, that the defendant is financially capable of
22 paying for such services, if the victim was under 18
23 years of age at the time the offense was committed and
24 requires counseling as a result of the offense.
25 Probation may be revoked or modified pursuant to Section
26 5-6-4; except where the court determines at the hearing that
27 the defendant violated a condition of his or her probation
28 restricting contact with the victim or other family members
29 or commits another offense with the victim or other family
30 members, the court shall revoke the defendant's probation and
31 impose a term of imprisonment.
32 For the purposes of this Section, "family member" and
33 "victim" shall have the meanings ascribed to them in Section
34 12-12 of the Criminal Code of 1961.
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1 (f) This Article shall not deprive a court in other
2 proceedings to order a forfeiture of property, to suspend or
3 cancel a license, to remove a person from office, or to
4 impose any other civil penalty.
5 (g) Whenever a defendant is convicted of an offense
6 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
7 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
8 12-15 or 12-16 of the Criminal Code of 1961, the defendant
9 shall undergo medical testing to determine whether the
10 defendant has any sexually transmissible disease, including a
11 test for infection with human immunodeficiency virus (HIV) or
12 any other identified causative agent of acquired
13 immunodeficiency syndrome (AIDS). Any such medical test
14 shall be performed only by appropriately licensed medical
15 practitioners and may include an analysis of any bodily
16 fluids as well as an examination of the defendant's person.
17 Except as otherwise provided by law, the results of such test
18 shall be kept strictly confidential by all medical personnel
19 involved in the testing and must be personally delivered in a
20 sealed envelope to the judge of the court in which the
21 conviction was entered for the judge's inspection in camera.
22 Acting in accordance with the best interests of the victim
23 and the public, the judge shall have the discretion to
24 determine to whom, if anyone, the results of the testing may
25 be revealed. The court shall notify the defendant of the test
26 results. The court shall also notify the victim if requested
27 by the victim, and if the victim is under the age of 15 and
28 if requested by the victim's parents or legal guardian, the
29 court shall notify the victim's parents or legal guardian of
30 the test results. The court shall provide information on the
31 availability of HIV testing and counseling at Department of
32 Public Health facilities to all parties to whom the results
33 of the testing are revealed and shall direct the State's
34 Attorney to provide the information to the victim when
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1 possible. A State's Attorney may petition the court to obtain
2 the results of any HIV test administered under this Section,
3 and the court shall grant the disclosure if the State's
4 Attorney shows it is relevant in order to prosecute a charge
5 of criminal transmission of HIV under Section 12-16.2 of the
6 Criminal Code of 1961 against the defendant. The court shall
7 order that the cost of any such test shall be paid by the
8 county and may be taxed as costs against the convicted
9 defendant.
10 (g-5) When an inmate is tested for an airborne
11 communicable disease, as determined by the Illinois
12 Department of Public Health including but not limited to
13 tuberculosis, the results of the test shall be personally
14 delivered by the warden or his or her designee in a sealed
15 envelope to the judge of the court in which the inmate must
16 appear for the judge's inspection in camera if requested by
17 the judge. Acting in accordance with the best interests of
18 those in the courtroom, the judge shall have the discretion
19 to determine what if any precautions need to be taken to
20 prevent transmission of the disease in the courtroom.
21 (h) Whenever a defendant is convicted of an offense
22 under Section 1 or 2 of the Hypodermic Syringes and Needles
23 Act, the defendant shall undergo medical testing to determine
24 whether the defendant has been exposed to human
25 immunodeficiency virus (HIV) or any other identified
26 causative agent of acquired immunodeficiency syndrome (AIDS).
27 Except as otherwise provided by law, the results of such test
28 shall be kept strictly confidential by all medical personnel
29 involved in the testing and must be personally delivered in a
30 sealed envelope to the judge of the court in which the
31 conviction was entered for the judge's inspection in camera.
32 Acting in accordance with the best interests of the public,
33 the judge shall have the discretion to determine to whom, if
34 anyone, the results of the testing may be revealed. The court
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1 shall notify the defendant of a positive test showing an
2 infection with the human immunodeficiency virus (HIV). The
3 court shall provide information on the availability of HIV
4 testing and counseling at Department of Public Health
5 facilities to all parties to whom the results of the testing
6 are revealed and shall direct the State's Attorney to provide
7 the information to the victim when possible. A State's
8 Attorney may petition the court to obtain the results of any
9 HIV test administered under this Section, and the court
10 shall grant the disclosure if the State's Attorney shows it
11 is relevant in order to prosecute a charge of criminal
12 transmission of HIV under Section 12-16.2 of the Criminal
13 Code of 1961 against the defendant. The court shall order
14 that the cost of any such test shall be paid by the county
15 and may be taxed as costs against the convicted defendant.
16 (i) All fines and penalties imposed under this Section
17 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance,
19 and any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, shall be collected
21 and disbursed by the circuit clerk as provided under Section
22 27.5 of the Clerks of Courts Act.
23 (j) In cases when prosecution for any violation of
24 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
25 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
26 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
27 12-16 of the Criminal Code of 1961, any violation of the
28 Illinois Controlled Substances Act, or any violation of the
29 Cannabis Control Act results in conviction, a disposition of
30 court supervision, or an order of probation granted under
31 Section 10 of the Cannabis Control Act or Section 410 of the
32 Illinois Controlled Substance Act of a defendant, the court
33 shall determine whether the defendant is employed by a
34 facility or center as defined under the Child Care Act of
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1 1969, a public or private elementary or secondary school, or
2 otherwise works with children under 18 years of age on a
3 daily basis. When a defendant is so employed, the court
4 shall order the Clerk of the Court to send a copy of the
5 judgment of conviction or order of supervision or probation
6 to the defendant's employer by certified mail. If the
7 employer of the defendant is a school, the Clerk of the Court
8 shall direct the mailing of a copy of the judgment of
9 conviction or order of supervision or probation to the
10 appropriate regional superintendent of schools. The regional
11 superintendent of schools shall notify the State Board of
12 Education of any notification under this subsection.
13 (j-5) A defendant at least 17 years of age who is
14 convicted of a felony and who has not been previously
15 convicted of a misdemeanor or felony and who is sentenced to
16 a term of imprisonment in the Illinois Department of
17 Corrections shall as a condition of his or her sentence be
18 required by the court to attend educational courses designed
19 to prepare the defendant for a high school diploma and to
20 work toward a high school diploma or to work toward passing
21 the high school level Test of General Educational Development
22 (GED) or to work toward completing a vocational training
23 program offered by the Department of Corrections. If a
24 defendant fails to complete the educational training required
25 by his or her sentence during the term of incarceration, the
26 Prisoner Review Board shall, as a condition of mandatory
27 supervised release, require the defendant, at his or her own
28 expense, to pursue a course of study toward a high school
29 diploma or passage of the GED test. The Prisoner Review
30 Board shall revoke the mandatory supervised release of a
31 defendant who wilfully fails to comply with this subsection
32 (j-5) upon his or her release from confinement in a penal
33 institution while serving a mandatory supervised release
34 term; however, the inability of the defendant after making a
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1 good faith effort to obtain financial aid or pay for the
2 educational training shall not be deemed a wilful failure to
3 comply. The Prisoner Review Board shall recommit the
4 defendant whose mandatory supervised release term has been
5 revoked under this subsection (j-5) as provided in Section
6 3-3-9. This subsection (j-5) does not apply to a defendant
7 who has a high school diploma or has successfully passed the
8 GED test. This subsection (j-5) does not apply to a defendant
9 who is determined by the court to be developmentally disabled
10 or otherwise mentally incapable of completing the educational
11 or vocational program.
12 (k) A court may not impose a sentence or disposition for
13 a felony or misdemeanor that requires the defendant to be
14 implanted or injected with or to use any form of birth
15 control.
16 (l)(A) Except as provided in paragraph (C) of subsection
17 (l), whenever a defendant, who is an alien as defined by the
18 Immigration and Nationality Act, is convicted of any felony
19 or misdemeanor offense, the court after sentencing the
20 defendant may, upon motion of the State's Attorney, hold
21 sentence in abeyance and remand the defendant to the custody
22 of the Attorney General of the United States or his or her
23 designated agent to be deported 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
27 (2) the deportation of the defendant would not
28 deprecate the seriousness of the defendant's conduct and
29 would not be inconsistent with the ends of justice.
30 Otherwise, the defendant shall be sentenced as provided
31 in this Chapter V.
32 (B) If the defendant has already been sentenced for a
33 felony or misdemeanor offense, or has been placed on
34 probation under Section 10 of the Cannabis Control Act or
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1 Section 410 of the Illinois Controlled Substances Act, the
2 court may, upon motion of the State's Attorney to suspend the
3 sentence imposed, commit the defendant to the custody of the
4 Attorney General of the United States or his or her
5 designated agent when:
6 (1) a final order of deportation has been issued
7 against the defendant pursuant to proceedings under the
8 Immigration and Nationality Act, and
9 (2) the deportation of the defendant would not
10 deprecate the seriousness of the defendant's conduct and
11 would not be inconsistent with the ends of justice.
12 (C) This subsection (l) does not apply to offenders who
13 are subject to the provisions of paragraph (2) of subsection
14 (a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a defendant
16 sentenced under this Section returns to the jurisdiction of
17 the United States, the defendant shall be recommitted to the
18 custody of the county from which he or she was sentenced.
19 Thereafter, the defendant shall be brought before the
20 sentencing court, which may impose any sentence that was
21 available under Section 5-5-3 at the time of initial
22 sentencing. In addition, the defendant shall not be eligible
23 for additional good conduct credit for meritorious service as
24 provided under Section 3-6-6.
25 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
27 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
28 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
29 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
30 Section 99. Effective date. This Act takes effect
31 January 1, 1998.