State of Illinois
90th General Assembly
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[ Engrossed ][ Senate Amendment 001 ]

90_SB1425

      730 ILCS 5/3-6-3          from Ch. 38, par. 1003-6-3
      730 ILCS 5/3-6-3.1
      730 ILCS 5/5-4-1          from Ch. 38, par. 1005-4-1
          Amends the Unified Code  of  Corrections.   Reenacts  the
      Truth-In-Sentencing provisions from P.A. 89-404 as amended by
      subsequent Public Acts that were declared unconstitutional by
      the  DuPage  County  Circuit  Court.   Extends  the reporting
      deadline by  the  Truth-In-Sentencing  Commission  to  report
      recommended  legislation to the Governor and General Assembly
      from  March  1,  1997  to  September  30,  1998.    Effective
      immediately.
                                                     LRB9009448RCcd
                                               LRB9009448RCcd
 1        AN  ACT  to  amend  the  Unified  Code  of Corrections by
 2    changing Sections 3-6-3, 3-6-3.1, and 5-4-1.
 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
 6    by changing Sections 3-6-3, 3-6-3.1, and 5-4-1 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
10        prescribe  rules and regulations for the early release on
11        account of good  conduct  of  persons  committed  to  the
12        Department  which  shall  be  subject  to  review  by the
13        Prisoner Review Board.
14             (2)  The rules  and  regulations  on  early  release
15        shall  provide,  with respect to offenses committed on or
16        after the effective date of this amendatory Act of  1998,
17        the following:
18                  (i)  that  a  prisoner who is serving a term of
19             imprisonment for first degree murder  shall  receive
20             no  good  conduct  credit and shall serve the entire
21             sentence imposed by the court;
22                  (ii)  that a prisoner serving  a  sentence  for
23             attempt  to commit first degree murder, solicitation
24             of  murder,  solicitation  of   murder   for   hire,
25             intentional  homicide  of an unborn child, predatory
26             criminal  sexual  assault  of  a  child,  aggravated
27             criminal sexual assault,  criminal  sexual  assault,
28             aggravated  kidnapping,   aggravated  battery with a
29             firearm, heinous battery, aggravated  battery  of  a
30             senior  citizen,  or  aggravated  battery of a child
31             shall receive no more than 4.5 days of good  conduct
                            -2-                LRB9009448RCcd
 1             credit  for  each  month  of  his or her sentence of
 2             imprisonment; and
 3                  (iii)  that a prisoner serving a  sentence  for
 4             home  invasion,  armed robbery, aggravated vehicular
 5             hijacking, aggravated discharge  of  a  firearm,  or
 6             armed  violence with a category I weapon or category
 7             II weapon, when the court has  made  and  entered  a
 8             finding,  pursuant  to  subsection  (c-1) of Section
 9             5-4-1 of this Code,  that  the  conduct  leading  to
10             conviction  for  the  enumerated offense resulted in
11             great bodily harm to a victim, shall receive no more
12             than 4.5 days of good conduct credit for each  month
13             of his or her sentence of imprisonment.
14             (2.1)  For all offenses, other than those enumerated
15        in subdivision (a)(2) committed on or after the effective
16        date  of  this  amendatory  Act  of  1998,  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             (3)  The rules and regulations  shall  also  provide
28        that  the  Director  may  award up to 180 days additional
29        good conduct credit for meritorious service  in  specific
30        instances  as  the  Director deems proper; except that no
31        more than 90 days of good conduct credit for  meritorious
32        service shall be awarded to any prisoner who is serving a
33        sentence  for conviction of first degree murder, reckless
34        homicide while under the  influence  of  alcohol  or  any
                            -3-                LRB9009448RCcd
 1        other  drug, aggravated kidnapping, kidnapping, predatory
 2        criminal sexual assault of a child,  aggravated  criminal
 3        sexual  assault,  criminal sexual assault, deviate sexual
 4        assault, aggravated  criminal  sexual  abuse,  aggravated
 5        indecent  liberties with a child, indecent liberties with
 6        a child, child pornography, heinous  battery,  aggravated
 7        battery  of a spouse, aggravated battery of a spouse with
 8        a  firearm,  stalking,  aggravated  stalking,  aggravated
 9        battery of a child, endangering the life or health  of  a
10        child,  cruelty  to  a  child,  or narcotic racketeering.
11        Notwithstanding the foregoing, good  conduct  credit  for
12        meritorious service shall not be awarded on a sentence of
13        imprisonment   imposed  for  conviction  of  one  of  the
14        offenses  enumerated  in  subdivision  (a)(2)  when   the
15        offense  is  committed  on or after the effective date of
16        this amendatory Act of 1998.
17             (4)  The rules and regulations  shall  also  provide
18        that  the  good  conduct  credit accumulated and retained
19        under paragraph (2.1) of subsection (a) of  this  Section
20        by  any  inmate  during specific periods of time in which
21        such inmate  is  engaged  full-time  in  substance  abuse
22        programs,    correctional    industry   assignments,   or
23        educational programs provided  by  the  Department  under
24        this  paragraph  (4)  and  satisfactorily  completes  the
25        assigned  program  as  determined by the standards of the
26        Department, shall be multiplied by a factor of  1.25  for
27        program participation before August 11, 1993 and 1.50 for
28        program participation on or after that date.  However, no
29        inmate  shall be eligible for the additional good conduct
30        credit under this paragraph (4) while assigned to a  boot
31        camp,  mental health unit, or electronic detention, or if
32        convicted of an offense enumerated in paragraph (a)(2) of
33        this Section that is committed on or after the  effective
34        date  of  this  amendatory  Act  of 1998, or first degree
                            -4-                LRB9009448RCcd
 1        murder, a Class X felony, criminal sexual assault, felony
 2        criminal sexual abuse, aggravated criminal sexual  abuse,
 3        aggravated  battery with a firearm, or any predecessor or
 4        successor offenses with the  same  or  substantially  the
 5        same  elements,  or any inchoate offenses relating to the
 6        foregoing offenses.  No inmate shall be eligible for  the
 7        additional  good  conduct credit under this paragraph (4)
 8        who (i) has previously received  increased  good  conduct
 9        credit under this paragraph (4) and has subsequently been
10        convicted of a felony, or (ii) has previously served more
11        than  one  prior sentence of imprisonment for a felony in
12        an adult correctional facility.
13             Educational,   vocational,   substance   abuse   and
14        correctional industry programs under which  good  conduct
15        credit may be increased under this paragraph (4) shall be
16        evaluated  by  the  Department on the basis of documented
17        standards.  The Department shall report  the  results  of
18        these   evaluations  to  the  Governor  and  the  General
19        Assembly by September 30th of  each  year.   The  reports
20        shall  include data relating to the recidivism rate among
21        program participants.
22             Availability of these programs shall be  subject  to
23        the  limits  of  fiscal  resources  appropriated  by  the
24        General  Assembly  for  these purposes.  Eligible inmates
25        who are denied immediate admission shall be placed  on  a
26        waiting   list   under   criteria   established   by  the
27        Department. The inability of any inmate to become engaged
28        in any such programs by reason  of  insufficient  program
29        resources  or  for any other reason established under the
30        rules and regulations of  the  Department  shall  not  be
31        deemed  a  cause  of action under which the Department or
32        any employee or agent of the Department shall  be  liable
33        for damages to the inmate.
34             (5)  Whenever  the  Department  is  to  release  any
                            -5-                LRB9009448RCcd
 1        inmate earlier than it otherwise would because of a grant
 2        of  good  conduct credit for meritorious service given at
 3        any time during  the  term,  the  Department  shall  give
 4        reasonable advance notice of the impending release to the
 5        State's  Attorney  of the county where the prosecution of
 6        the inmate took place.
 7        (b)  Whenever a person is or  has  been  committed  under
 8    several  convictions,  with separate sentences, the sentences
 9    shall be  construed  under  Section  5-8-4  in  granting  and
10    forfeiting of good time.
11        (c)  The Department shall prescribe rules and regulations
12    for  revoking  good conduct credit, or suspending or reducing
13    the rate of accumulation of good conduct credit for  specific
14    rule   violations,  during  imprisonment.   These  rules  and
15    regulations shall provide that no  inmate  may  be  penalized
16    more  than  one  year  of  good  conduct  credit  for any one
17    infraction.
18        When the Department seeks to revoke,  suspend  or  reduce
19    the  rate  of accumulation of any good conduct credits for an
20    alleged infraction of  its  rules,  it  shall  bring  charges
21    therefor  against  the  prisoner  sought to be so deprived of
22    good conduct credits before  the  Prisoner  Review  Board  as
23    provided  in  subparagraph  (a)(4)  of  Section 3-3-2 of this
24    Code, if the amount of credit at issue  exceeds  30  days  or
25    when  during  any  12  month period, the cumulative amount of
26    credit revoked exceeds 30 days except where the infraction is
27    committed or discovered within 60 days of scheduled  release.
28    In  those  cases, the Department of Corrections may revoke up
29    to 30 days of good conduct credit. The Board may subsequently
30    approve the revocation of additional good conduct credit,  if
31    the  Department seeks to revoke good conduct credit in excess
32    of 30 days.  However, the Board shall  not  be  empowered  to
33    review  the Department's decision with respect to the loss of
34    30 days of good conduct credit within any calendar  year  for
                            -6-                LRB9009448RCcd
 1    any  prisoner  or  to  increase any penalty beyond the length
 2    requested by the Department.
 3        The  Director  of  the  Department  of  Corrections,   in
 4    appropriate  cases,  may  restore  up to 30 days good conduct
 5    credits which have been revoked, suspended  or  reduced.  Any
 6    restoration  of  good  conduct  credits  in excess of 30 days
 7    shall be subject to review  by  the  Prisoner  Review  Board.
 8    However,  the  Board  may  not restore good conduct credit in
 9    excess of the amount requested by the Director.
10        Nothing contained in  this  Section  shall  prohibit  the
11    Prisoner  Review  Board  from  ordering,  pursuant to Section
12    3-3-9(a)(3)(i)(B), that a prisoner serve up to  one  year  of
13    the  sentence imposed by the court that was not served due to
14    the accumulation of good conduct credit.
15        (d)  If a lawsuit is filed by a prisoner in  an  Illinois
16    or  federal  court  against  the  State,  the  Department  of
17    Corrections,  or the Prisoner Review Board, or against any of
18    their officers or employees, and the court makes  a  specific
19    finding  that a pleading, motion, or other paper filed by the
20    prisoner is frivolous, the Department  of  Corrections  shall
21    conduct  a  hearing  to revoke up to 180 days of good conduct
22    credit by bringing charges against the prisoner sought to  be
23    deprived  of  the  good  conduct  credits before the Prisoner
24    Review Board as provided in subparagraph  (a)(8)  of  Section
25    3-3-2  of  this Code. If the prisoner has not accumulated 180
26    days of good conduct credit at the time of the finding,  then
27    the  Prisoner Review Board may revoke all good conduct credit
28    accumulated by the prisoner.
29        For purposes of this subsection (d):
30             (1)  "Frivolous" means that a pleading,  motion,  or
31        other  filing which purports to be a legal document filed
32        by a prisoner in his or her lawsuit meets any or  all  of
33        the following criteria:
34                  (A)  it  lacks  an arguable basis either in law
                            -7-                LRB9009448RCcd
 1             or in fact;
 2                  (B)  it is being  presented  for  any  improper
 3             purpose,  such  as to harass or to cause unnecessary
 4             delay  or  needless  increase   in   the   cost   of
 5             litigation;
 6                  (C)  the  claims,  defenses,  and  other  legal
 7             contentions  therein  are  not warranted by existing
 8             law or by a nonfrivolous argument for the extension,
 9             modification, or reversal of  existing  law  or  the
10             establishment of new law;
11                  (D)  the    allegations   and   other   factual
12             contentions do not have evidentiary support  or,  if
13             specifically  so  identified, are not likely to have
14             evidentiary support after a  reasonable  opportunity
15             for further investigation or discovery; or
16                  (E)  the denials of factual contentions are not
17             warranted  on  the  evidence,  or if specifically so
18             identified, are not reasonably based on  a  lack  of
19             information or belief.
20             (2)  "Lawsuit"  means a petition for post conviction
21        relief  under  Article  122  of  the  Code  of   Criminal
22        Procedure  of 1963, a motion pursuant to Section 116-3 of
23        the Code of Criminal Procedure of 1963, a  habeas  corpus
24        action  under Article X of the Code of Civil Procedure or
25        under federal law (28 U.S.C. 2254), a petition for  claim
26        under  the  Court  of  Claims  Act or an action under the
27        federal Civil Rights Act (42 U.S.C. 1983).
28        (e)  Nothing in this amendatory Act of 1998  affects  the
29    validity of Public Act 89-404.
30             (a)(1)  The    Department   of   Corrections   shall
31        prescribe rules and regulations for the early release  on
32        account  of  good  conduct  of  persons  committed to the
33        Department which  shall  be  subject  to  review  by  the
34        Prisoner Review Board.
                            -8-                LRB9009448RCcd
 1             (2)  The  rules  and  regulations  on  early release
 2        shall provide, with respect to offenses committed  on  or
 3        after  the effective date of this amendatory Act of 1995,
 4        the following:
 5                  (i)  that a prisoner who is serving a  term  of
 6             imprisonment  for  first degree murder shall receive
 7             no good conduct credit and shall  serve  the  entire
 8             sentence imposed by the court;
 9                  (ii)  that  a  prisoner  serving a sentence for
10             attempt to commit first degree murder,  solicitation
11             of   murder,   solicitation   of  murder  for  hire,
12             intentional homicide of an unborn  child,  predatory
13             criminal  sexual  assault  of  a  child,  aggravated
14             criminal  sexual  assault,  criminal sexual assault,
15             aggravated kidnapping,  aggravated  battery  with  a
16             firearm,  heinous  battery,  aggravated battery of a
17             senior citizen, or aggravated  battery  of  a  child
18             shall  receive no more than 4.5 days of good conduct
19             credit for each month of  his  or  her  sentence  of
20             imprisonment; and
21                  (iii)  that  a  prisoner serving a sentence for
22             home invasion, armed robbery,  aggravated  vehicular
23             hijacking,  aggravated  discharge  of  a firearm, or
24             armed violence with a category I weapon or  category
25             II  weapon,  when  the  court has made and entered a
26             finding, pursuant to  subsection  (c-1)  of  Section
27             5-4-1  of  this  Code,  that  the conduct leading to
28             conviction for the enumerated  offense  resulted  in
29             great bodily harm to a victim, shall receive no more
30             than  4.5 days of good conduct credit for each month
31             of his or her sentence of imprisonment.
32             (2.1)  For all offenses, other than those enumerated
33        in subdivision (a)(2) committed on or after the effective
34        date of this  amendatory  Act  of  1995,  the  rules  and
                            -9-                LRB9009448RCcd
 1        regulations  shall provide that a prisoner who is serving
 2        a term of imprisonment shall  receive  one  day  of  good
 3        conduct  credit  for  each  day of his or her sentence of
 4        imprisonment or recommitment under  Section  3-3-9.  Each
 5        day  of  good  conduct credit shall reduce by one day the
 6        prisoner's period of imprisonment or  recommitment  under
 7        Section 3-3-9.
 8             (2.2)  A  prisoner  serving  a  term of natural life
 9        imprisonment or a prisoner  who  has  been  sentenced  to
10        death shall receive no good conduct credit.
11             (3)  The  rules  and  regulations shall also provide
12        that the Director may award up  to  180  days  additional
13        good  conduct  credit for meritorious service in specific
14        instances as the Director deems proper;  except  that  no
15        more  than 90 days of good conduct credit for meritorious
16        service shall be awarded to any prisoner who is serving a
17        sentence for conviction of first degree murder,  reckless
18        homicide  while  under  the  influence  of alcohol or any
19        other drug, aggravated kidnapping, kidnapping,  predatory
20        criminal  sexual  assault of a child, aggravated criminal
21        sexual assault, criminal sexual assault,  deviate  sexual
22        assault,  aggravated  criminal  sexual  abuse, aggravated
23        indecent liberties with a child, indecent liberties  with
24        a  child,  child pornography, heinous battery, aggravated
25        battery of a spouse, aggravated battery of a spouse  with
26        a  firearm,  stalking,  aggravated  stalking,  aggravated
27        battery  of  a child, endangering the life or health of a
28        child, cruelty to  a  child,  or  narcotic  racketeering.
29        Notwithstanding  the  foregoing,  good conduct credit for
30        meritorious service shall not be awarded on a sentence of
31        imprisonment  imposed  for  conviction  of  one  of   the
32        offenses   enumerated  in  subdivision  (a)(2)  when  the
33        offense is committed on or after the  effective  date  of
34        this amendatory Act of 1995.
                            -10-               LRB9009448RCcd
 1             (4)  The  rules  and  regulations shall also provide
 2        that the good conduct  credit  accumulated  and  retained
 3        under  paragraph  (2.1) of subsection (a) of this Section
 4        by any inmate during specific periods of  time  in  which
 5        such  inmate  is  engaged  full-time  in  substance abuse
 6        programs,   correctional   industry    assignments,    or
 7        educational  programs  provided  by  the Department under
 8        this  paragraph  (4)  and  satisfactorily  completes  the
 9        assigned program as determined by the  standards  of  the
10        Department,  shall  be multiplied by a factor of 1.25 for
11        program participation before the effective date  of  this
12        amendatory Act of 1993 and 1.50 for program participation
13        on  or  after  that  date.    However, no inmate shall be
14        eligible for the additional  good  conduct  credit  under
15        this  paragraph (4) while assigned to a boot camp, mental
16        health unit, or electronic detention, or if convicted  of
17        an offense enumerated in paragraph (a)(2) of this Section
18        that  is committed on or after the effective date of this
19        amendatory Act of 1995, or first degree murder, a Class X
20        felony, criminal sexual assault, felony  criminal  sexual
21        abuse,   aggravated  criminal  sexual  abuse,  aggravated
22        battery with a firearm, or any predecessor  or  successor
23        offenses   with   the  same  or  substantially  the  same
24        elements,  or  any  inchoate  offenses  relating  to  the
25        foregoing offenses.  No inmate shall be eligible for  the
26        additional  good  conduct credit under this paragraph (4)
27        who (i) has previously received  increased  good  conduct
28        credit under this paragraph (4) and has subsequently been
29        convicted of a felony, or (ii) has previously served more
30        than  one  prior sentence of imprisonment for a felony in
31        an adult correctional facility.
32             Educational,   vocational,   substance   abuse   and
33        correctional industry programs under which  good  conduct
34        credit may be increased under this paragraph (4) shall be
                            -11-               LRB9009448RCcd
 1        evaluated  by  the  Department on the basis of documented
 2        standards.  The Department shall report  the  results  of
 3        these   evaluations  to  the  Governor  and  the  General
 4        Assembly by September 30th of  each  year.   The  reports
 5        shall  include data relating to the recidivism rate among
 6        program participants.
 7             Availability of these programs shall be  subject  to
 8        the  limits  of  fiscal  resources  appropriated  by  the
 9        General  Assembly  for  these purposes.  Eligible inmates
10        who are denied immediate admission shall be placed  on  a
11        waiting   list   under   criteria   established   by  the
12        Department. The inability of any inmate to become engaged
13        in any such programs by reason  of  insufficient  program
14        resources  or  for any other reason established under the
15        rules and regulations of  the  Department  shall  not  be
16        deemed  a  cause  of action under which the Department or
17        any employee or agent of the Department shall  be  liable
18        for damages to the inmate.
19             (5)  Whenever  the  Department  is  to  release  any
20        inmate earlier than it otherwise would because of a grant
21        of  good  conduct credit for meritorious service given at
22        any time during  the  term,  the  Department  shall  give
23        reasonable advance notice of the impending release to the
24        State's  Attorney  of the county where the prosecution of
25        the inmate took place.
26        (b)  Whenever a person is or  has  been  committed  under
27    several  convictions,  with separate sentences, the sentences
28    shall be  construed  under  Section  5-8-4  in  granting  and
29    forfeiting of good time.
30        (c)  The Department shall prescribe rules and regulations
31    for  revoking  good conduct credit, or suspending or reducing
32    the rate of accumulation of good conduct credit for  specific
33    rule   violations,  during  imprisonment.   These  rules  and
34    regulations shall provide that no  inmate  may  be  penalized
                            -12-               LRB9009448RCcd
 1    more  than  one  year  of  good  conduct  credit  for any one
 2    infraction.
 3        When the Department seeks to revoke,  suspend  or  reduce
 4    the  rate  of accumulation of any good conduct credits for an
 5    alleged infraction of  its  rules,  it  shall  bring  charges
 6    therefor  against  the  prisoner  sought to be so deprived of
 7    good conduct credits before  the  Prisoner  Review  Board  as
 8    provided  in  subparagraph  (a)(4)  of  Section 3-3-2 of this
 9    Code, if the amount of credit at issue  exceeds  30  days  or
10    when  during  any  12  month period, the cumulative amount of
11    credit revoked exceeds 30 days except where the infraction is
12    committed or discovered within 60 days of scheduled  release.
13    In  those  cases, the Department of Corrections may revoke up
14    to 30 days of good conduct credit. The Board may subsequently
15    approve the revocation of additional good conduct credit,  if
16    the  Department seeks to revoke good conduct credit in excess
17    of 30 days.  However, the Board shall  not  be  empowered  to
18    review  the Department's decision with respect to the loss of
19    30 days of good conduct credit within any calendar  year  for
20    any  prisoner  or  to  increase any penalty beyond the length
21    requested by the Department.
22        The  Director  of  the  Department  of  Corrections,   in
23    appropriate  cases,  may  restore  up to 30 days good conduct
24    credits which have been revoked, suspended  or  reduced.  Any
25    restoration  of  good  conduct  credits  in excess of 30 days
26    shall be subject to review  by  the  Prisoner  Review  Board.
27    However,  the  Board  may  not restore good conduct credit in
28    excess of the amount requested by the Director.
29        Nothing contained in  this  Section  shall  prohibit  the
30    Prisoner  Review  Board  from  ordering,  pursuant to Section
31    3-3-9(a)(3)(i)(B), that a prisoner serve up to  one  year  of
32    the  sentence imposed by the court that was not served due to
33    the accumulation of good conduct credit.
34        (d)  If a lawsuit is filed by a prisoner in  an  Illinois
                            -13-               LRB9009448RCcd
 1    or  federal  court  against  the  State,  the  Department  of
 2    Corrections,  or the Prisoner Review Board, or against any of
 3    their officers or employees, and the court makes  a  specific
 4    finding  that a pleading, motion, or other paper filed by the
 5    prisoner is frivolous, the Department  of  Corrections  shall
 6    conduct  a  hearing  to revoke up to 180 days of good conduct
 7    credit by bringing charges against the prisoner sought to  be
 8    deprived  of  the  good  conduct  credits before the Prisoner
 9    Review Board as provided in subparagraph  (a)(8)  of  Section
10    3-3-2  of  this Code. If the prisoner has not accumulated 180
11    days of good conduct credit at the time of the finding,  then
12    the  Prisoner Review Board may revoke all good conduct credit
13    accumulated by the prisoner.
14        For purposes of this subsection (d):
15             (1)  "Frivolous" means that a pleading,  motion,  or
16        other  filing which purports to be a legal document filed
17        by a prisoner in his or her lawsuit meets any or  all  of
18        the following criteria:
19                  (A)  it  lacks  an arguable basis either in law
20             or in fact;
21                  (B)  it is being  presented  for  any  improper
22             purpose,  such  as to harass or to cause unnecessary
23             delay  or  needless  increase   in   the   cost   of
24             litigation;
25                  (C)  the  claims,  defenses,  and  other  legal
26             contentions  therein  are  not warranted by existing
27             law or by a nonfrivolous argument for the extension,
28             modification, or reversal of  existing  law  or  the
29             establishment of new law;
30                  (D)  the    allegations   and   other   factual
31             contentions do not have evidentiary support  or,  if
32             specifically  so  identified, are not likely to have
33             evidentiary support after a  reasonable  opportunity
34             for further investigation or discovery; or
                            -14-               LRB9009448RCcd
 1                  (E)  the denials of factual contentions are not
 2             warranted  on  the  evidence,  or if specifically so
 3             identified, are not reasonably based on  a  lack  of
 4             information or belief.
 5             (2)  "Lawsuit"  means a petition for post conviction
 6        relief  under  Article  122  of  the  Code  of   Criminal
 7        Procedure  of 1963, a motion pursuant to Section 116-3 of
 8        the Code of Criminal Procedure of 1963, a  habeas  corpus
 9        action  under Article X of the Code of Civil Procedure or
10        under federal law (28 U.S.C. 2254), a petition for  claim
11        under  the  Court  of  Claims  Act or an action under the
12        federal Civil Rights Act (42 U.S.C. 1983).
13    (Source: P.A. 89-404, eff. 8-20-95;  89-428,  eff.  12-13-95;
14    89-462,  eff.  5-29-96;  89-656,  eff.  1-1-97;  90-141, eff.
15    1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
16        (730 ILCS 5/3-6-3.1)
17        Sec. 3-6-3.1.  Truth-in-Sentencing Commission.
18        (a)  Legislative findings.  The  General  Assembly  finds
19    that  violent  crime  continues  to  be  a  severe problem in
20    Illinois.  Criminals sentenced to prison  for  violating  the
21    laws  of Illinois are often released after serving a fraction
22    of their sentence under Illinois' early release statute.  The
23    early  release  of  criminals  from  prison  after  they  are
24    sentenced to longer terms in court  misleads  the  public  as
25    well  as victims of crime.  Many of these criminals return to
26    a life of crime immediately upon  their  early  release  from
27    prison,  committing  violent  acts including murder and rape.
28    Public safety, as  well  as  the  integrity  of  the  justice
29    system,  demands  that  criminals  serve the sentences handed
30    down by the courts, and that a Truth-in-Sentencing Commission
31    be established to effectuate this goal.
32        (b)  Truth-in-Sentencing Commission.   There  is  created
33    the Illinois Truth-in-Sentencing Commission, to consist of 13
                            -15-               LRB9009448RCcd
 1    members as follows:
 2             (1)  Three members appointed by the Governor, one of
 3        whom  shall  be  a member of the faculty of an accredited
 4        Illinois law school;
 5             (2)  The Attorney General or his or her designee;
 6             (3)  One member appointed by the  President  of  the
 7        Senate;
 8             (4)  One  member appointed by the Minority Leader of
 9        the Senate;
10             (5)  One member appointed  by  the  Speaker  of  the
11        House of Representatives;
12             (6)  One  member appointed by the Minority Leader of
13        the House of Representatives;
14             (7)  The Director  of  the  Illinois  Department  of
15        Corrections or his or her designee;
16             (8)  The  State's  Attorney of Cook County or his or
17        her designee;
18             (9)  The Executive Director of the Illinois Criminal
19        Justice Information Authority or his or her designee;
20             (10)  The  President   of   the   Illinois   State's
21        Attorneys Association; and
22             (11)  The  President  of the Illinois Association of
23        Chiefs of Police.
24        All appointments shall be filed  with  the  Secretary  of
25    State by the appointing authority.
26        (c)  Duties of the Commission.  This Commission shall:
27             (1)  develop  and  monitor  legislation facilitating
28        the  implementation  of  Truth-in-Sentencing  laws  which
29        require  criminals  to  serve  at  least  85%  of   their
30        court-imposed   sentences,   using  any  information  and
31        recommendations available regarding those laws;
32             (2)  review the funding provisions  of  the  Violent
33        Crime  Control  Act  of  1994, and any subsequent federal
34        legislation  of  a  comparable  nature,  to  comment   in
                            -16-               LRB9009448RCcd
 1        appropriate  federal rulemaking and legislative processes
 2        on  State  law  enforcement,  correctional,  and   fiscal
 3        concerns,   and,   upon   the   finalization  of  federal
 4        requirements, to determine what  is  required  to  obtain
 5        maximum   federal   funding   to   assist  the  State  in
 6        implementing Truth-in-Sentencing laws; and
 7             (3)  study the possibility of changing sentences  in
 8        order to more accurately reflect the actual time spent in
 9        prison,  while  preserving the system's ability to punish
10        criminals justly and equitably.
11        (d)  Organization.  The Commission shall  elect  a  Chair
12    and  Vice-Chair  from among its members at its first meeting.
13    The  members  of   the   Commission   shall   serve   without
14    compensation  but shall be reimbursed for reasonable expenses
15    incurred in the course of performing their duties.
16        (e)  Intergovernmental   cooperation.     The    Illinois
17    Criminal  Justice  Information  Authority  shall  assist  the
18    Commission  with  any and all research and drafting necessary
19    to  fulfill  its  duties.    The   Illinois   Department   of
20    Corrections  shall  give  any  reasonable  assistance  to the
21    Commission,  including   making   available   all   pertinent
22    statistical information at the Department's disposal.
23        (f)  The  Commission  shall  present  a full report and a
24    draft of appropriate Truth-in-Sentencing legislation  to  the
25    Governor and the General Assembly no later than September 30,
26    1998.
27        (a)  Legislative  findings.   The  General Assembly finds
28    that violent crime  continues  to  be  a  severe  problem  in
29    Illinois.   Criminals  sentenced  to prison for violating the
30    laws of Illinois are often released after serving a  fraction
31    of their sentence under Illinois' early release statute.  The
32    early  release  of  criminals  from  prison  after  they  are
33    sentenced  to  longer  terms  in court misleads the public as
34    well as victims of crime.  Many of these criminals return  to
                            -17-               LRB9009448RCcd
 1    a  life  of  crime  immediately upon their early release from
 2    prison, committing violent acts including  murder  and  rape.
 3    Public  safety,  as  well  as  the  integrity  of the justice
 4    system, demands that criminals  serve  the  sentences  handed
 5    down by the courts, and that a Truth-in-Sentencing Commission
 6    be established to effectuate this goal.
 7        (b)  Truth-in-Sentencing  Commission.   There  is created
 8    the Illinois Truth-in-Sentencing Commission, to consist of 13
 9    members as follows:
10             (1)  Three members appointed by the Governor, one of
11        whom shall be a member of the faculty  of  an  accredited
12        Illinois law school;
13             (2)  The Attorney General or his or her designee;
14             (3)  One  member  appointed  by the President of the
15        Senate;
16             (4)  One member appointed by the Minority Leader  of
17        the Senate;
18             (5)  One  member  appointed  by  the  Speaker of the
19        House of Representatives;
20             (6)  One member appointed by the Minority Leader  of
21        the House of Representatives;
22             (7)  The  Director  of  the  Illinois  Department of
23        Corrections or his or her designee;
24             (8)  The State's Attorney of Cook County or  his  or
25        her designee;
26             (9)  The Executive Director of the Illinois Criminal
27        Justice Information Authority or his or her designee;
28             (10)  The   President   of   the   Illinois  State's
29        Attorneys Association; and
30             (11)  The President of the Illinois  Association  of
31        Chiefs of Police.
32        All  appointments  shall  be  filed with the Secretary of
33    State by the appointing authority.
34        (c)  Duties of the Commission.  This Commission shall:
                            -18-               LRB9009448RCcd
 1             (1)  develop and  monitor  legislation  facilitating
 2        the  implementation  of  Truth-in-Sentencing  laws  which
 3        require   criminals  to  serve  at  least  85%  of  their
 4        court-imposed  sentences,  using  any   information   and
 5        recommendations available regarding those laws;
 6             (2)  review  the  funding  provisions of the Violent
 7        Crime Control Act of 1994,  and  any  subsequent  federal
 8        legislation   of  a  comparable  nature,  to  comment  in
 9        appropriate federal rulemaking and legislative  processes
10        on   State  law  enforcement,  correctional,  and  fiscal
11        concerns,  and,  upon   the   finalization   of   federal
12        requirements,  to  determine  what  is required to obtain
13        maximum  federal  funding  to   assist   the   State   in
14        implementing Truth-in-Sentencing laws; and
15             (3)  study  the possibility of changing sentences in
16        order to more accurately reflect the actual time spent in
17        prison, while preserving the system's ability  to  punish
18        criminals justly and equitably.
19        (d)  Organization.   The  Commission  shall elect a Chair
20    and Vice-Chair from among its members at its  first  meeting.
21    The   members   of   the   Commission   shall  serve  without
22    compensation but shall be reimbursed for reasonable  expenses
23    incurred in the course of performing their duties.
24        (e)  Intergovernmental    cooperation.     The   Illinois
25    Criminal  Justice  Information  Authority  shall  assist  the
26    Commission with any and all research and  drafting  necessary
27    to   fulfill   its   duties.    The  Illinois  Department  of
28    Corrections shall  give  any  reasonable  assistance  to  the
29    Commission,   including   making   available   all  pertinent
30    statistical information at the Department's disposal.
31        (f)  The Commission shall present a  full  report  and  a
32    draft  of  appropriate Truth-in-Sentencing legislation to the
33    Governor and the General Assembly  no  later  than  March  1,
34    1997.
                            -19-               LRB9009448RCcd
 1    (Source:  P.A.  89-404,  eff. 8-20-95; 89-428, eff. 12-13-95;
 2    89-689, eff. 12-31-96.)
 3        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
 4        Sec. 5-4-1.  Sentencing Hearing.
 5        (a)  Except  when  the  death  penalty  is  sought  under
 6    hearing procedures otherwise specified, after a determination
 7    of guilt, a hearing shall be held  to  impose  the  sentence.
 8    However, prior to the imposition of sentence on an individual
 9    being  sentenced  for  an  offense  based upon a charge for a
10    violation of Section 11-501 of the Illinois Vehicle Code or a
11    similar provision of a local ordinance, the  individual  must
12    undergo  a professional evaluation to determine if an alcohol
13    or other drug abuse problem exists and the extent of  such  a
14    problem.   Programs  conducting  these  evaluations  shall be
15    licensed by the Department of Human  Services.   However,  if
16    the  individual is not a resident of Illinois, the court may,
17    in its discretion, accept an evaluation from a program in the
18    state of such individual's residence. The court  may  in  its
19    sentencing  order approve an eligible defendant for placement
20    in a Department of Corrections impact  incarceration  program
21    as  provided  in  Section  5-8-1.1.  At the hearing the court
22    shall:
23             (1)  consider the evidence, if  any,  received  upon
24        the trial;
25             (2)  consider any presentence reports;
26             (3)  consider  the financial impact of incarceration
27        based on the financial impact statement  filed  with  the
28        clerk of the court by the Department of Corrections;
29             (4)  consider  evidence  and  information offered by
30        the parties in aggravation and mitigation;
31             (5)  hear arguments as to sentencing alternatives;
32             (6)  afford the defendant the opportunity to make  a
33        statement in his own behalf;
                            -20-               LRB9009448RCcd
 1             (7)  afford  the  victim  of  a  violent  crime or a
 2        violation of Section 11-501 of the Illinois Vehicle Code,
 3        or a similar provision of a local ordinance, committed by
 4        the  defendant  the  opportunity  to  make  a   statement
 5        concerning the impact on the victim and to offer evidence
 6        in aggravation or mitigation; provided that the statement
 7        and  evidence  offered  in aggravation or mitigation must
 8        first be prepared in  writing  in  conjunction  with  the
 9        State's Attorney before it may be presented orally at the
10        hearing.  Any  sworn  testimony  offered by the victim is
11        subject to the defendant's right  to  cross-examine.  All
12        statements  and evidence offered under this paragraph (7)
13        shall become part of the record of the court; and
14             (8)  in  cases  of  reckless  homicide  afford   the
15        victim's  spouse,  guardians,  parents or other immediate
16        family members an opportunity to make oral statements.
17        (b)  All sentences shall be imposed by  the  judge  based
18    upon  his  independent  assessment  of the elements specified
19    above and  any  agreement  as  to  sentence  reached  by  the
20    parties.   The  judge  who presided at the trial or the judge
21    who accepted the plea of guilty  shall  impose  the  sentence
22    unless  he  is  no  longer  sitting as a judge in that court.
23    Where the judge does not impose sentence at the same time  on
24    all  defendants  who  are  convicted  as  a  result  of being
25    involved in the same offense, the defendant  or  the  State's
26    attorney  may  advise the sentencing court of the disposition
27    of any other defendants who have been sentenced.
28        (c)  In imposing a sentence for a violent crime or for an
29    offense of operating  or  being  in  physical  control  of  a
30    vehicle  while under the influence of alcohol, any other drug
31    or any combination thereof, or a similar provision of a local
32    ordinance, when such offense resulted in the personal  injury
33    to  someone  other  than the defendant, the trial judge shall
34    specify on the record the particular  evidence,  information,
                            -21-               LRB9009448RCcd
 1    factors  in  mitigation and aggravation or other reasons that
 2    led to his sentencing determination. The full verbatim record
 3    of the sentencing hearing shall be filed with  the  clerk  of
 4    the court and shall be a public record.
 5        (c-1)  In   imposing   a  sentence  for  the  offense  of
 6    aggravated  kidnapping  for  ransom,  home  invasion,   armed
 7    robbery, aggravated vehicular hijacking, aggravated discharge
 8    of  a  firearm, or armed violence with a category I weapon or
 9    category II weapon, the trial judge shall make a  finding  as
10    to  whether the conduct leading to conviction for the offense
11    resulted in great bodily harm to a victim,  and  shall  enter
12    that finding and the basis for that finding in the record.
13        (c-2)  If  the  defendant  is  sentenced to prison, other
14    than when a  sentence  of  natural  life  imprisonment  or  a
15    sentence  of  death  is  imposed, at the time the sentence is
16    imposed the judge shall state on the record in open court the
17    approximate period  of  time  the  defendant  will  serve  in
18    custody  according  to  the  then current statutory rules and
19    regulations for early release  found  in  Section  3-6-3  and
20    other  related  provisions  of  this Code.  This statement is
21    intended solely to inform the public, has no legal effect  on
22    the  defendant's  actual release, and may not be relied on by
23    the defendant on appeal.
24        The judge's statement, to be given after pronouncing  the
25    sentence,  other than when the sentence is imposed for one of
26    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
27    shall include the following:
28        "The purpose of this statement is to inform the public of
29    the actual period of time this defendant is likely  to  spend
30    in prison as a result of this sentence.  The actual period of
31    prison  time served is determined by the statutes of Illinois
32    as applied to this sentence by  the  Illinois  Department  of
33    Corrections  and the Illinois Prisoner Review Board.  In this
34    case, assuming the defendant receives all of his or her  good
                            -22-               LRB9009448RCcd
 1    conduct credit, the period of estimated actual custody is ...
 2    years  and  ...  months,  less up to 180 days additional good
 3    conduct credit for meritorious service.   If  the  defendant,
 4    because  of  his  or  her own misconduct or failure to comply
 5    with the institutional regulations, does  not  receive  those
 6    credits,  the  actual  time  served in prison will be longer.
 7    The defendant may also receive  an  additional  one-half  day
 8    good   conduct  credit  for  each  day  of  participation  in
 9    vocational,  industry,  substance  abuse,   and   educational
10    programs as provided for by Illinois statute."
11        When  the  sentence  is  imposed  for one of the offenses
12    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
13    when  the  sentence  is  imposed  for  one  of  the  offenses
14    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
15    or after the effective date of this amendatory Act  of  1998,
16    the  judge's  statement,  to  be  given after pronouncing the
17    sentence, shall include the following:
18        "The purpose of this statement is to inform the public of
19    the actual period of time this defendant is likely  to  spend
20    in prison as a result of this sentence.  The actual period of
21    prison  time served is determined by the statutes of Illinois
22    as applied to this sentence by  the  Illinois  Department  of
23    Corrections  and the Illinois Prisoner Review Board.  In this
24    case, assuming the defendant receives all of his or her  good
25    conduct credit, the period of estimated actual custody is ...
26    years  and  ...  months,  less  up to 90 days additional good
27    conduct credit for meritorious service.   If  the  defendant,
28    because  of  his  or  her own misconduct or failure to comply
29    with the institutional regulations, does  not  receive  those
30    credits,  the  actual  time  served in prison will be longer.
31    The defendant may also receive  an  additional  one-half  day
32    good   conduct  credit  for  each  day  of  participation  in
33    vocational,  industry,  substance  abuse,   and   educational
34    programs as provided for by Illinois statute."
                            -23-               LRB9009448RCcd
 1        When  the  sentence  is  imposed  for one of the offenses
 2    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
 3    first  degree  murder,  and  the  offense was committed on or
 4    after the effective date of this amendatory Act of 1998,  the
 5    judge's   statement,   to  be  given  after  pronouncing  the
 6    sentence, shall include the following:
 7        "The purpose of this statement is to inform the public of
 8    the actual period of time this defendant is likely  to  spend
 9    in prison as a result of this sentence.  The actual period of
10    prison  time served is determined by the statutes of Illinois
11    as applied to this sentence by  the  Illinois  Department  of
12    Corrections  and the Illinois Prisoner Review Board.  In this
13    case, the defendant is entitled to no more than 4 1/2 days of
14    good conduct credit for each month of his or her sentence  of
15    imprisonment.   Therefore, this defendant will serve at least
16    85% of his or her sentence.  Assuming the defendant  receives
17    4  1/2 days credit for each month of his or her sentence, the
18    period of estimated actual  custody  is  ...  years  and  ...
19    months.   If  the  defendant,  because  of  his  or  her  own
20    misconduct  or  failure  to  comply  with  the  institutional
21    regulations receives lesser credit, the actual time served in
22    prison will be longer."
23        When  a  sentence  of  imprisonment  is imposed for first
24    degree murder and the offense was committed on or  after  the
25    effective  date  of  this amendatory Act of 1998, the judge's
26    statement, to be given after pronouncing the sentence,  shall
27    include the following:
28        "The purpose of this statement is to inform the public of
29    the  actual  period of time this defendant is likely to spend
30    in prison as a result of this sentence.  The actual period of
31    prison time served is determined by the statutes of  Illinois
32    as  applied  to  this  sentence by the Illinois Department of
33    Corrections and the Illinois Prisoner Review Board.  In  this
34    case,  the  defendant is not entitled to good conduct credit.
                            -24-               LRB9009448RCcd
 1    Therefore, this defendant will  serve  100%  of  his  or  her
 2    sentence."
 3        (d)  When the defendant is committed to the Department of
 4    Corrections,  the  State's Attorney shall and counsel for the
 5    defendant may file a statement with the clerk of the court to
 6    be transmitted to the department, agency  or  institution  to
 7    which  the defendant is committed to furnish such department,
 8    agency or institution with the facts and circumstances of the
 9    offense for which the person was committed together with  all
10    other factual information accessible to them in regard to the
11    person  prior  to  his  commitment  relative  to  his habits,
12    associates, disposition and reputation and  any  other  facts
13    and  circumstances  which  may aid such department, agency or
14    institution during its custody of  such  person.   The  clerk
15    shall  within  10  days  after  receiving any such statements
16    transmit a copy to such department, agency or institution and
17    a copy to the other party, provided, however, that this shall
18    not be cause  for  delay  in  conveying  the  person  to  the
19    department,  agency  or  institution  to  which  he  has been
20    committed.
21        (e)  The  clerk  of  the  court  shall  transmit  to  the
22    department, agency or  institution,  if  any,  to  which  the
23    defendant is committed, the following:
24             (1)  the sentence imposed;
25             (2)  any  statement  by  the  court of the basis for
26        imposing the sentence;
27             (3)  any presentence reports;
28             (4)  the number of days, if any, which the defendant
29        has been in custody and  for  which  he  is  entitled  to
30        credit  against  the sentence, which information shall be
31        provided to the clerk by the sheriff;
32             (4.1)  any finding of great bodily harm made by  the
33        court with respect to an offense enumerated in subsection
34        (c-1);
                            -25-               LRB9009448RCcd
 1             (5)  all  statements  filed  under subsection (d) of
 2        this Section;
 3             (6)  any  medical  or  mental  health   records   or
 4        summaries of the defendant;
 5             (7)  the   municipality  where  the  arrest  of  the
 6        offender or the commission of the offense  has  occurred,
 7        where  such  municipality  has  a population of more than
 8        25,000 persons;
 9             (8)  all statements made and evidence offered  under
10        paragraph (7) of subsection (a) of this Section; and
11             (9)  all  additional matters which the court directs
12        the clerk to transmit.
13        (a)  Except  when  the  death  penalty  is  sought  under
14    hearing procedures otherwise specified, after a determination
15    of guilt, a hearing shall be held  to  impose  the  sentence.
16    However, prior to the imposition of sentence on an individual
17    being  sentenced  for  an  offense  based upon a charge for a
18    violation of Section 11-501 of the Illinois Vehicle Code or a
19    similar provision of a local ordinance, the  individual  must
20    undergo  a professional evaluation to determine if an alcohol
21    or other drug abuse problem exists and the extent of  such  a
22    problem.   Programs  conducting  these  evaluations  shall be
23    licensed by the Department of Human  Services.   However,  if
24    the  individual is not a resident of Illinois, the court may,
25    in its discretion, accept an evaluation from a program in the
26    state of such individual's residence. The court  may  in  its
27    sentencing  order approve an eligible defendant for placement
28    in a Department of Corrections impact  incarceration  program
29    as  provided  in  Section  5-8-1.1.  At the hearing the court
30    shall:
31             (1)  consider the evidence, if  any,  received  upon
32        the trial;
33             (2)  consider any presentence reports;
34             (3)  consider  the financial impact of incarceration
                            -26-               LRB9009448RCcd
 1        based on the financial impact statement  filed  with  the
 2        clerk of the court by the Department of Corrections;
 3             (4)  consider  evidence  and  information offered by
 4        the parties in aggravation and mitigation;
 5             (5)  hear arguments as to sentencing alternatives;
 6             (6)  afford the defendant the opportunity to make  a
 7        statement in his own behalf;
 8             (7)  afford  the  victim  of  a  violent  crime or a
 9        violation of Section 11-501 of the Illinois Vehicle Code,
10        or a similar provision of a local ordinance, committed by
11        the  defendant  the  opportunity  to  make  a   statement
12        concerning the impact on the victim and to offer evidence
13        in aggravation or mitigation; provided that the statement
14        and  evidence  offered  in aggravation or mitigation must
15        first be prepared in  writing  in  conjunction  with  the
16        State's Attorney before it may be presented orally at the
17        hearing.  Any  sworn  testimony  offered by the victim is
18        subject to the defendant's right  to  cross-examine.  All
19        statements  and evidence offered under this paragraph (7)
20        shall become part of the record of the court; and
21             (8)  in  cases  of  reckless  homicide  afford   the
22        victim's  spouse,  guardians,  parents or other immediate
23        family members an opportunity to make oral statements.
24        (b)  All sentences shall be imposed by  the  judge  based
25    upon  his  independent  assessment  of the elements specified
26    above and  any  agreement  as  to  sentence  reached  by  the
27    parties.   The  judge  who presided at the trial or the judge
28    who accepted the plea of guilty  shall  impose  the  sentence
29    unless  he  is  no  longer  sitting as a judge in that court.
30    Where the judge does not impose sentence at the same time  on
31    all  defendants  who  are  convicted  as  a  result  of being
32    involved in the same offense, the defendant  or  the  State's
33    attorney  may  advise the sentencing court of the disposition
34    of any other defendants who have been sentenced.
                            -27-               LRB9009448RCcd
 1        (c)  In imposing a sentence for a violent crime or for an
 2    offense of operating  or  being  in  physical  control  of  a
 3    vehicle  while under the influence of alcohol, any other drug
 4    or any combination thereof, or a similar provision of a local
 5    ordinance, when such offense resulted in the personal  injury
 6    to  someone  other  than the defendant, the trial judge shall
 7    specify on the record the particular  evidence,  information,
 8    factors  in  mitigation and aggravation or other reasons that
 9    led to his sentencing determination. The full verbatim record
10    of the sentencing hearing shall be filed with  the  clerk  of
11    the court and shall be a public record.
12        (c-1)  In   imposing   a  sentence  for  the  offense  of
13    aggravated  kidnapping  for  ransom,  home  invasion,   armed
14    robbery, aggravated vehicular hijacking, aggravated discharge
15    of  a  firearm, or armed violence with a category I weapon or
16    category II weapon, the trial judge shall make a  finding  as
17    to  whether the conduct leading to conviction for the offense
18    resulted in great bodily harm to a victim,  and  shall  enter
19    that finding and the basis for that finding in the record.
20        (c-2)  If  the  defendant  is  sentenced to prison, other
21    than when a  sentence  of  natural  life  imprisonment  or  a
22    sentence  of  death  is  imposed, at the time the sentence is
23    imposed the judge shall state on the record in open court the
24    approximate period  of  time  the  defendant  will  serve  in
25    custody  according  to  the  then current statutory rules and
26    regulations for early release  found  in  Section  3-6-3  and
27    other  related  provisions  of  this Code.  This statement is
28    intended solely to inform the public, has no legal effect  on
29    the  defendant's  actual release, and may not be relied on by
30    the defendant on appeal.
31        The judge's statement, to be given after pronouncing  the
32    sentence,  other than when the sentence is imposed for one of
33    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
34    shall include the following:
                            -28-               LRB9009448RCcd
 1        "The purpose of this statement is to inform the public of
 2    the actual period of time this defendant is likely  to  spend
 3    in prison as a result of this sentence.  The actual period of
 4    prison  time served is determined by the statutes of Illinois
 5    as applied to this sentence by  the  Illinois  Department  of
 6    Corrections  and the Illinois Prisoner Review Board.  In this
 7    case, assuming the defendant receives all of his or her  good
 8    conduct credit, the period of estimated actual custody is ...
 9    years  and  ...  months,  less up to 180 days additional good
10    conduct credit for meritorious service.   If  the  defendant,
11    because  of  his  or  her own misconduct or failure to comply
12    with the institutional regulations, does  not  receive  those
13    credits,  the  actual  time  served in prison will be longer.
14    The defendant may also receive  an  additional  one-half  day
15    good   conduct  credit  for  each  day  of  participation  in
16    vocational,  industry,  substance  abuse,   and   educational
17    programs as provided for by Illinois statute."
18        When  the  sentence  is  imposed  for one of the offenses
19    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
20    when  the  sentence  is  imposed  for  one  of  the  offenses
21    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
22    or after the effective date of this amendatory Act  of  1995,
23    the  judge's  statement,  to  be  given after pronouncing the
24    sentence, shall include the following:
25        "The purpose of this statement is to inform the public of
26    the actual period of time this defendant is likely  to  spend
27    in prison as a result of this sentence.  The actual period of
28    prison  time served is determined by the statutes of Illinois
29    as applied to this sentence by  the  Illinois  Department  of
30    Corrections  and the Illinois Prisoner Review Board.  In this
31    case, assuming the defendant receives all of his or her  good
32    conduct credit, the period of estimated actual custody is ...
33    years  and  ...  months,  less  up to 90 days additional good
34    conduct credit for meritorious service.   If  the  defendant,
                            -29-               LRB9009448RCcd
 1    because  of  his  or  her own misconduct or failure to comply
 2    with the institutional regulations, does  not  receive  those
 3    credits,  the  actual  time  served in prison will be longer.
 4    The defendant may also receive  an  additional  one-half  day
 5    good   conduct  credit  for  each  day  of  participation  in
 6    vocational,  industry,  substance  abuse,   and   educational
 7    programs as provided for by Illinois statute."
 8        When  the  sentence  is  imposed  for one of the offenses
 9    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
10    first  degree  murder,  and  the  offense was committed on or
11    after the effective date of this amendatory Act of 1995,  the
12    judge's   statement,   to  be  given  after  pronouncing  the
13    sentence, shall include the following:
14        "The purpose of this statement is to inform the public of
15    the actual period of time this defendant is likely  to  spend
16    in prison as a result of this sentence.  The actual period of
17    prison  time served is determined by the statutes of Illinois
18    as applied to this sentence by  the  Illinois  Department  of
19    Corrections  and the Illinois Prisoner Review Board.  In this
20    case, the defendant is entitled to no more than 4 1/2 days of
21    good conduct credit for each month of his or her sentence  of
22    imprisonment.   Therefore, this defendant will serve at least
23    85% of his or her sentence.  Assuming the defendant  receives
24    4  1/2 days credit for each month of his or her sentence, the
25    period of estimated actual  custody  is  ...  years  and  ...
26    months.   If  the  defendant,  because  of  his  or  her  own
27    misconduct  or  failure  to  comply  with  the  institutional
28    regulations receives lesser credit, the actual time served in
29    prison will be longer."
30        When  a  sentence  of  imprisonment  is imposed for first
31    degree murder and the offense was committed on or  after  the
32    effective  date  of  this amendatory Act of 1995, the judge's
33    statement, to be given after pronouncing the sentence,  shall
34    include the following:
                            -30-               LRB9009448RCcd
 1        "The purpose of this statement is to inform the public of
 2    the  actual  period of time this defendant is likely to spend
 3    in prison as a result of this sentence.  The actual period of
 4    prison time served is determined by the statutes of  Illinois
 5    as  applied  to  this  sentence by the Illinois Department of
 6    Corrections and the Illinois Prisoner Review Board.  In  this
 7    case,  the  defendant is not entitled to good conduct credit.
 8    Therefore, this defendant will  serve  100%  of  his  or  her
 9    sentence."
10        (d)  When the defendant is committed to the Department of
11    Corrections,  the  State's Attorney shall and counsel for the
12    defendant may file a statement with the clerk of the court to
13    be transmitted to the department, agency  or  institution  to
14    which  the defendant is committed to furnish such department,
15    agency or institution with the facts and circumstances of the
16    offense for which the person was committed together with  all
17    other factual information accessible to them in regard to the
18    person  prior  to  his  commitment  relative  to  his habits,
19    associates, disposition and reputation and  any  other  facts
20    and  circumstances  which  may aid such department, agency or
21    institution during its custody of  such  person.   The  clerk
22    shall  within  10  days  after  receiving any such statements
23    transmit a copy to such department, agency or institution and
24    a copy to the other party, provided, however, that this shall
25    not be cause  for  delay  in  conveying  the  person  to  the
26    department,  agency  or  institution  to  which  he  has been
27    committed.
28        (e)  The  clerk  of  the  court  shall  transmit  to  the
29    department, agency or  institution,  if  any,  to  which  the
30    defendant is committed, the following:
31             (1)  the sentence imposed;
32             (2)  any  statement  by  the  court of the basis for
33        imposing the sentence;
34             (3)  any presentence reports;
                            -31-               LRB9009448RCcd
 1             (4)  the number of days, if any, which the defendant
 2        has been in custody and  for  which  he  is  entitled  to
 3        credit  against  the sentence, which information shall be
 4        provided to the clerk by the sheriff;
 5             (4.1)  any finding of great bodily harm made by  the
 6        court with respect to an offense enumerated in subsection
 7        (c-1);
 8             (5)  all  statements  filed  under subsection (d) of
 9        this Section;
10             (6)  any  medical  or  mental  health   records   or
11        summaries of the defendant;
12             (7)  the   municipality  where  the  arrest  of  the
13        offender or the commission of the offense  has  occurred,
14        where  such  municipality  has  a population of more than
15        25,000 persons;
16             (8)  all statements made and evidence offered  under
17        paragraph (7) of subsection (a) of this Section; and
18             (9)  all  additional matters which the court directs
19        the clerk to transmit.
20    (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.

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