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| [ House Amendment 002 ] |
91_SB1332ham001
LRB9110671RCpkam
1 AMENDMENT TO SENATE BILL 1332
2 AMENDMENT NO. . Amend Senate Bill 1332 by replacing
3 the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Section 5-4-1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Section 5-4-1 as follows:
10 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
11 Sec. 5-4-1. Sentencing Hearing.
12 (a) Except when the death penalty is sought under
13 hearing procedures otherwise specified, after a determination
14 of guilt, a hearing shall be held to impose the sentence.
15 However, prior to the imposition of sentence on an individual
16 being sentenced for an offense based upon a charge for a
17 violation of Section 11-501 of the Illinois Vehicle Code or a
18 similar provision of a local ordinance, the individual must
19 undergo a professional evaluation to determine if an alcohol
20 or other drug abuse problem exists and the extent of such a
21 problem. Programs conducting these evaluations shall be
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1 licensed by the Department of Human Services. However, if
2 the individual is not a resident of Illinois, the court may,
3 in its discretion, accept an evaluation from a program in the
4 state of such individual's residence. The court may in its
5 sentencing order approve an eligible defendant for placement
6 in a Department of Corrections impact incarceration program
7 as provided in Section 5-8-1.1. At the hearing the court
8 shall:
9 (1) consider the evidence, if any, received upon
10 the trial;
11 (2) consider any presentence reports;
12 (3) consider the financial impact of incarceration
13 based on the financial impact statement filed with the
14 clerk of the court by the Department of Corrections;
15 (4) consider evidence and information offered by
16 the parties in aggravation and mitigation;
17 (5) hear arguments as to sentencing alternatives;
18 (6) afford the defendant the opportunity to make a
19 statement in his own behalf;
20 (7) afford the victim of a violent crime or a
21 violation of Section 11-501 of the Illinois Vehicle Code,
22 or a similar provision of a local ordinance, or a
23 qualified individual affected by a violation of Section
24 405, 405.1, 405.2, or 407 of the Illinois Controlled
25 Substances Act, committed by the defendant the
26 opportunity to make a statement concerning the impact on
27 the victim and to offer evidence in aggravation or
28 mitigation; provided that the statement and evidence
29 offered in aggravation or mitigation must first be
30 prepared in writing in conjunction with the State's
31 Attorney before it may be presented orally at the
32 hearing. Any sworn testimony offered by the victim is
33 subject to the defendant's right to cross-examine. All
34 statements and evidence offered under this paragraph (7)
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1 shall become part of the record of the court. For the
2 purpose of this paragraph (7), "qualified individual"
3 means any person who (i) lived or worked within the
4 territorial jurisdiction where the offense took place
5 when the offense took place; and (ii) is familiar with
6 various public places within the territorial jurisdiction
7 where the offense took place when the offense took place.
8 For the purposes of this paragraph (7), "qualified
9 individual" includes any peace officer, or any member of
10 any duly organized State, county, or municipal peace unit
11 assigned to the territorial jurisdiction where the
12 offense took place when the offense took place; and
13 (8) in cases of reckless homicide afford the
14 victim's spouse, guardians, parents or other immediate
15 family members an opportunity to make oral statements.
16 (b) All sentences shall be imposed by the judge based
17 upon his independent assessment of the elements specified
18 above and any agreement as to sentence reached by the
19 parties. The judge who presided at the trial or the judge
20 who accepted the plea of guilty shall impose the sentence
21 unless he is no longer sitting as a judge in that court.
22 Where the judge does not impose sentence at the same time on
23 all defendants who are convicted as a result of being
24 involved in the same offense, the defendant or the State's
25 Attorney may advise the sentencing court of the disposition
26 of any other defendants who have been sentenced.
27 (c) In imposing a sentence for a violent crime or for an
28 offense of operating or being in physical control of a
29 vehicle while under the influence of alcohol, any other drug
30 or any combination thereof, or a similar provision of a local
31 ordinance, when such offense resulted in the personal injury
32 to someone other than the defendant, the trial judge shall
33 specify on the record the particular evidence, information,
34 factors in mitigation and aggravation or other reasons that
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1 led to his sentencing determination. The full verbatim record
2 of the sentencing hearing shall be filed with the clerk of
3 the court and shall be a public record.
4 (c-1) In imposing a sentence for the offense of
5 aggravated kidnapping for ransom, home invasion, armed
6 robbery, aggravated vehicular hijacking, aggravated discharge
7 of a firearm, or armed violence with a category I weapon or
8 category II weapon, the trial judge shall make a finding as
9 to whether the conduct leading to conviction for the offense
10 resulted in great bodily harm to a victim, and shall enter
11 that finding and the basis for that finding in the record.
12 (c-2) If the defendant is sentenced to prison, other
13 than when a sentence of natural life imprisonment or a
14 sentence of death is imposed, at the time the sentence is
15 imposed the judge shall state on the record in open court the
16 approximate period of time the defendant will serve in
17 custody according to the then current statutory rules and
18 regulations for early release found in Section 3-6-3 and
19 other related provisions of this Code. This statement is
20 intended solely to inform the public, has no legal effect on
21 the defendant's actual release, and may not be relied on by
22 the defendant on appeal.
23 The judge's statement, to be given after pronouncing the
24 sentence, other than when the sentence is imposed for one of
25 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
26 shall include the following:
27 "The purpose of this statement is to inform the public of
28 the actual period of time this defendant is likely to spend
29 in prison as a result of this sentence. The actual period of
30 prison time served is determined by the statutes of Illinois
31 as applied to this sentence by the Illinois Department of
32 Corrections and the Illinois Prisoner Review Board. In this
33 case, assuming the defendant receives all of his or her good
34 conduct credit, the period of estimated actual custody is ...
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1 years and ... months, less up to 180 days additional good
2 conduct credit for meritorious service. If the defendant,
3 because of his or her own misconduct or failure to comply
4 with the institutional regulations, does not receive those
5 credits, the actual time served in prison will be longer.
6 The defendant may also receive an additional one-half day
7 good conduct credit for each day of participation in
8 vocational, industry, substance abuse, and educational
9 programs as provided for by Illinois statute."
10 When the sentence is imposed for one of the offenses
11 enumerated in paragraph (a)(3) of Section 3-6-3, other than
12 when the sentence is imposed for one of the offenses
13 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
14 or after June 19, 1998, and other than when the sentence is
15 imposed for reckless homicide as defined in subsection (e) of
16 Section 9-3 of the Criminal Code of 1961 if the offense was
17 committed on or after January 1, 1999, the judge's statement,
18 to be given after pronouncing the sentence, shall include the
19 following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, assuming the defendant receives all of his or her good
27 conduct credit, the period of estimated actual custody is ...
28 years and ... months, less up to 90 days additional good
29 conduct credit for meritorious service. If the defendant,
30 because of his or her own misconduct or failure to comply
31 with the institutional regulations, does not receive those
32 credits, the actual time served in prison will be longer.
33 The defendant may also receive an additional one-half day
34 good conduct credit for each day of participation in
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1 vocational, industry, substance abuse, and educational
2 programs as provided for by Illinois statute."
3 When the sentence is imposed for one of the offenses
4 enumerated in paragraph (a)(2) of Section 3-6-3, other than
5 first degree murder, and the offense was committed on or
6 after June 19, 1998, and when the sentence is imposed for
7 reckless homicide as defined in subsection (e) of Section 9-3
8 of the Criminal Code of 1961 if the offense was committed on
9 or after January 1, 1999, the judge's statement, to be given
10 after pronouncing the sentence, shall include the following:
11 "The purpose of this statement is to inform the public of
12 the actual period of time this defendant is likely to spend
13 in prison as a result of this sentence. The actual period of
14 prison time served is determined by the statutes of Illinois
15 as applied to this sentence by the Illinois Department of
16 Corrections and the Illinois Prisoner Review Board. In this
17 case, the defendant is entitled to no more than 4 1/2 days of
18 good conduct credit for each month of his or her sentence of
19 imprisonment. Therefore, this defendant will serve at least
20 85% of his or her sentence. Assuming the defendant receives
21 4 1/2 days credit for each month of his or her sentence, the
22 period of estimated actual custody is ... years and ...
23 months. If the defendant, because of his or her own
24 misconduct or failure to comply with the institutional
25 regulations receives lesser credit, the actual time served in
26 prison will be longer."
27 When a sentence of imprisonment is imposed for first
28 degree murder and the offense was committed on or after June
29 19, 1998, the judge's statement, to be given after
30 pronouncing the sentence, shall include the following:
31 "The purpose of this statement is to inform the public of
32 the actual period of time this defendant is likely to spend
33 in prison as a result of this sentence. The actual period of
34 prison time served is determined by the statutes of Illinois
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1 as applied to this sentence by the Illinois Department of
2 Corrections and the Illinois Prisoner Review Board. In this
3 case, the defendant is not entitled to good conduct credit.
4 Therefore, this defendant will serve 100% of his or her
5 sentence."
6 (d) When the defendant is committed to the Department of
7 Corrections, the State's Attorney shall and counsel for the
8 defendant may file a statement with the clerk of the court to
9 be transmitted to the department, agency or institution to
10 which the defendant is committed to furnish such department,
11 agency or institution with the facts and circumstances of the
12 offense for which the person was committed together with all
13 other factual information accessible to them in regard to the
14 person prior to his commitment relative to his habits,
15 associates, disposition and reputation and any other facts
16 and circumstances which may aid such department, agency or
17 institution during its custody of such person. The clerk
18 shall within 10 days after receiving any such statements
19 transmit a copy to such department, agency or institution and
20 a copy to the other party, provided, however, that this shall
21 not be cause for delay in conveying the person to the
22 department, agency or institution to which he has been
23 committed.
24 (e) The clerk of the court shall transmit to the
25 department, agency or institution, if any, to which the
26 defendant is committed, the following:
27 (1) the sentence imposed;
28 (2) any statement by the court of the basis for
29 imposing the sentence;
30 (3) any presentence reports;
31 (4) the number of days, if any, which the defendant
32 has been in custody and for which he is entitled to
33 credit against the sentence, which information shall be
34 provided to the clerk by the sheriff;
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1 (4.1) any finding of great bodily harm made by the
2 court with respect to an offense enumerated in subsection
3 (c-1);
4 (5) all statements filed under subsection (d) of
5 this Section;
6 (6) any medical or mental health records or
7 summaries of the defendant;
8 (7) the municipality where the arrest of the
9 offender or the commission of the offense has occurred,
10 where such municipality has a population of more than
11 25,000 persons;
12 (8) all statements made and evidence offered under
13 paragraph (7) of subsection (a) of this Section; and
14 (9) all additional matters which the court directs
15 the clerk to transmit.
16 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
17 90-740, eff. 1-1-99; 91-357, eff. 7-29-99.)".