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92_HB0225eng HB0225 Engrossed LRB9202515RCcd 1 AN ACT concerning corrections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Sections 3-6-3 and 5-4-1 as follows: 6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 7 Sec. 3-6-3. Rules and Regulations for Early Release. 8 (a) (1) The Department of Corrections shall 9 prescribe rules and regulations for the early release on 10 account of good conduct of persons committed to the 11 Department which shall be subject to review by the 12 Prisoner Review Board. 13 (2) The rules and regulations on early release 14 shall provide, with respect to offenses committed on or 15 after June 19, 1998, the following: 16 (i) that a prisoner who is serving a term of 17 imprisonment for first degree murder shall receive 18 no good conduct credit and shall serve the entire 19 sentence imposed by the court; 20 (ii) that a prisoner serving a sentence for 21 attempt to commit first degree murder, solicitation 22 of murder, solicitation of murder for hire, 23 intentional homicide of an unborn child, predatory 24 criminal sexual assault of a child, aggravated 25 criminal sexual assault, criminal sexual assault, 26 aggravated kidnapping, aggravated battery with a 27 firearm, heinous battery, aggravated battery of a 28 senior citizen, or aggravated battery of a child 29 shall receive no more than 4.5 days of good conduct 30 credit for each month of his or her sentence of 31 imprisonment; and HB0225 Engrossed -2- LRB9202515RCcd 1 (iii) that a prisoner serving a sentence for 2 home invasion, armed robbery, aggravated vehicular 3 hijacking, aggravated discharge of a firearm, or 4 armed violence with a category I weapon or category 5 II weapon, when the court has made and entered a 6 finding, pursuant to subsection (c-1) of Section 7 5-4-1 of this Code, that the conduct leading to 8 conviction for the enumerated offense resulted in 9 great bodily harm to a victim, shall receive no more 10 than 4.5 days of good conduct credit for each month 11 of his or her sentence of imprisonment. 12 (2.1) For all offenses, other than those enumerated 13 in subdivision (a)(2) committed on or after June 19, 14 1998, and other than the offense of reckless homicide as 15 defined in subsection (e) of Section 9-3 of the Criminal 16 Code of 1961 committed on or after January 1, 1999, the 17 rules and regulations shall provide that a prisoner who 18 is serving a term of imprisonment shall receive one day 19 of good conduct credit for each day of his or her 20 sentence of imprisonment or recommitment under Section 21 3-3-9. Each day of good conduct credit shall reduce by 22 one day the prisoner's period of imprisonment or 23 recommitment under 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) The rules and regulations on early release 28 shall provide that a prisoner who is serving a sentence 29 for reckless homicide as defined in subsection (e) of 30 Section 9-3 of the Criminal Code of 1961 committed on or 31 after January 1, 1999 shall receive no more than 4.5 days 32 of good conduct credit for each month of his or her 33 sentence of imprisonment. 34 (2.4) The rules and regulations on early release HB0225 Engrossed -3- LRB9202515RCcd 1 shall provide with respect to the offenses of aggravated 2 battery with a machine gun or a firearm equipped with any 3 device or attachment designed or used for silencing the 4 report of a firearm or aggravated discharge of a machine 5 gun or a firearm equipped with any device or attachment 6 designed or used for silencing the report of a firearm, 7 committed on or after the effective date of this 8 amendatory Act of 1999, that a prisoner serving a 9 sentence for any of these offenses shall receive no more 10 than 4.5 days of good conduct credit for each month of 11 his or her sentence of imprisonment. 12 (2.5) The rules and regulations on early release 13 shall provide that a prisoner who is serving a sentence 14 for compelling organization membership of persons under 15 Section 12-6.1 of the Criminal Code of 1961, if the 16 organization that the person is solicited or caused to 17 join or is deterred from leaving is a gang as defined in 18 Section 10 of the Illinois Streetgang Terrorism Omnibus 19 Prevention Act and the offense is committed on or after 20 the effective date of this amendatory Act of the 92nd 21 General Assembly, shall receive no more than 4.5 days of 22 good conduct credit for each month of his or her sentence 23 of imprisonment. 24 (3) The rules and regulations shall also provide 25 that the Director may award up to 180 days additional 26 good conduct credit for meritorious service in specific 27 instances as the Director deems proper; except that no 28 more than 90 days of good conduct credit for meritorious 29 service shall be awarded to any prisoner who is serving a 30 sentence for conviction of first degree murder, reckless 31 homicide while under the influence of alcohol or any 32 other drug, aggravated kidnapping, kidnapping, predatory 33 criminal sexual assault of a child, aggravated criminal 34 sexual assault, criminal sexual assault, deviate sexual HB0225 Engrossed -4- LRB9202515RCcd 1 assault, aggravated criminal sexual abuse, aggravated 2 indecent liberties with a child, indecent liberties with 3 a child, child pornography, heinous battery, aggravated 4 battery of a spouse, aggravated battery of a spouse with 5 a firearm, stalking, aggravated stalking, aggravated 6 battery of a child, endangering the life or health of a 7 child, cruelty to a child, or narcotic racketeering. 8 Notwithstanding the foregoing, good conduct credit for 9 meritorious service shall not be awarded on a sentence of 10 imprisonment imposed for conviction of: (i) one of the 11 offenses enumerated in subdivision (a)(2) when the 12 offense is committed on or after June 19, 1998, (ii) 13 reckless homicide as defined in subsection (e) of Section 14 9-3 of the Criminal Code of 1961 when the offense is 15 committed on or after January 1, 1999,or(iii)for16conviction ofone of the offenses enumerated in 17 subdivision (a)(2.4) when the offense is committed on or 18 after the effective date of this amendatory Act of 1999, 19 or (iv) the offense enumerated in subdivision (a)(2.5) 20 when the offense is committed on or after the effective 21 date of this amendatory Act of the 92nd General Assembly. 22 (4) The rules and regulations shall also provide 23 that the good conduct credit accumulated and retained 24 under paragraph (2.1) of subsection (a) of this Section 25 by any inmate during specific periods of time in which 26 such inmate is engaged full-time in substance abuse 27 programs, correctional industry assignments, or 28 educational programs provided by the Department under 29 this paragraph (4) and satisfactorily completes the 30 assigned program as determined by the standards of the 31 Department, shall be multiplied by a factor of 1.25 for 32 program participation before August 11, 1993 and 1.50 for 33 program participation on or after that date. However, no 34 inmate shall be eligible for the additional good conduct HB0225 Engrossed -5- LRB9202515RCcd 1 credit under this paragraph (4) while assigned to a boot 2 camp, mental health unit, or electronic detention, or if 3 convicted of an offense enumerated in paragraph (a)(2) of 4 this Section that is committed on or after June 19, 1998, 5 or if convicted of reckless homicide as defined in 6 subsection (e) of Section 9-3 of the Criminal Code of 7 1961 if the offense is committed on or after January 1, 8 1999, or if convicted of an offense enumerated in 9 paragraph (a)(2.4) of this Section that is committed on 10 or after the effective date of this amendatory Act of 11 1999, or if convicted of an offense enumerated in 12 paragraph (a)(2.5) of this Section that is committed on 13 or after the effective date of this amendatory Act of the 14 92nd General Assembly, or first degree murder, a Class X 15 felony, criminal sexual assault, felony criminal sexual 16 abuse, aggravated criminal sexual abuse, aggravated 17 battery with a firearm, or any predecessor or successor 18 offenses with the same or substantially the same 19 elements, or any inchoate offenses relating to the 20 foregoing offenses. No inmate shall be eligible for the 21 additional good conduct credit under this paragraph (4) 22 who (i) has previously received increased good conduct 23 credit under this paragraph (4) and has subsequently been 24 convicted of a felony, or (ii) has previously served more 25 than one prior sentence of imprisonment for a felony in 26 an adult correctional facility. 27 Educational, vocational, substance abuse and 28 correctional industry programs under which good conduct 29 credit may be increased under this paragraph (4) shall be 30 evaluated by the Department on the basis of documented 31 standards. The Department shall report the results of 32 these evaluations to the Governor and the General 33 Assembly by September 30th of each year. The reports 34 shall include data relating to the recidivism rate among HB0225 Engrossed -6- LRB9202515RCcd 1 program participants. 2 Availability of these programs shall be subject to 3 the limits of fiscal resources appropriated by the 4 General Assembly for these purposes. Eligible inmates 5 who are denied immediate admission shall be placed on a 6 waiting list under criteria established by the 7 Department. The inability of any inmate to become 8 engaged in any such programs by reason of insufficient 9 program resources or for any other reason established 10 under the rules and regulations of the Department shall 11 not be deemed a cause of action under which the 12 Department or any employee or agent of the Department 13 shall be liable for damages to the inmate. 14 (5) Whenever the Department is to release any 15 inmate earlier than it otherwise would because of a grant 16 of good conduct credit for meritorious service given at 17 any time during the term, the Department shall give 18 reasonable advance notice of the impending release to the 19 State's Attorney of the county where the prosecution of 20 the inmate took place. 21 (b) Whenever a person is or has been committed under 22 several convictions, with separate sentences, the sentences 23 shall be construed under Section 5-8-4 in granting and 24 forfeiting of good time. 25 (c) The Department shall prescribe rules and regulations 26 for revoking good conduct credit, or suspending or reducing 27 the rate of accumulation of good conduct credit for specific 28 rule violations, during imprisonment. These rules and 29 regulations shall provide that no inmate may be penalized 30 more than one year of good conduct credit for any one 31 infraction. 32 When the Department seeks to revoke, suspend or reduce 33 the rate of accumulation of any good conduct credits for an 34 alleged infraction of its rules, it shall bring charges HB0225 Engrossed -7- LRB9202515RCcd 1 therefor against the prisoner sought to be so deprived of 2 good conduct credits before the Prisoner Review Board as 3 provided in subparagraph (a)(4) of Section 3-3-2 of this 4 Code, if the amount of credit at issue exceeds 30 days or 5 when during any 12 month period, the cumulative amount of 6 credit revoked exceeds 30 days except where the infraction is 7 committed or discovered within 60 days of scheduled release. 8 In those cases, the Department of Corrections may revoke up 9 to 30 days of good conduct credit. The Board may subsequently 10 approve the revocation of additional good conduct credit, if 11 the Department seeks to revoke good conduct credit in excess 12 of 30 days. However, the Board shall not be empowered to 13 review the Department's decision with respect to the loss of 14 30 days of good conduct credit within any calendar year for 15 any prisoner or to increase any penalty beyond the length 16 requested by the Department. 17 The Director of the Department of Corrections, in 18 appropriate cases, may restore up to 30 days good conduct 19 credits which have been revoked, suspended or reduced. Any 20 restoration of good conduct credits in excess of 30 days 21 shall be subject to review by the Prisoner Review Board. 22 However, the Board may not restore good conduct credit in 23 excess of the amount requested by the Director. 24 Nothing contained in this Section shall prohibit the 25 Prisoner Review Board from ordering, pursuant to Section 26 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 27 the sentence imposed by the court that was not served due to 28 the accumulation of good conduct credit. 29 (d) If a lawsuit is filed by a prisoner in an Illinois 30 or federal court against the State, the Department of 31 Corrections, or the Prisoner Review Board, or against any of 32 their officers or employees, and the court makes a specific 33 finding that a pleading, motion, or other paper filed by the 34 prisoner is frivolous, the Department of Corrections shall HB0225 Engrossed -8- LRB9202515RCcd 1 conduct a hearing to revoke up to 180 days of good conduct 2 credit by bringing charges against the prisoner sought to be 3 deprived of the good conduct credits before the Prisoner 4 Review Board as provided in subparagraph (a)(8) of Section 5 3-3-2 of this Code. If the prisoner has not accumulated 180 6 days of good conduct credit at the time of the finding, then 7 the Prisoner Review Board may revoke all good conduct credit 8 accumulated by the prisoner. 9 For purposes of this subsection (d): 10 (1) "Frivolous" means that a pleading, motion, or 11 other filing which purports to be a legal document filed 12 by a prisoner in his or her lawsuit meets any or all of 13 the following criteria: 14 (A) it lacks an arguable basis either in law 15 or in fact; 16 (B) it is being presented for any improper 17 purpose, such as to harass or to cause unnecessary 18 delay or needless increase in the cost of 19 litigation; 20 (C) the claims, defenses, and other legal 21 contentions therein are not warranted by existing 22 law or by a nonfrivolous argument for the extension, 23 modification, or reversal of existing law or the 24 establishment of new law; 25 (D) the allegations and other factual 26 contentions do not have evidentiary support or, if 27 specifically so identified, are not likely to have 28 evidentiary support after a reasonable opportunity 29 for further investigation or discovery; or 30 (E) the denials of factual contentions are not 31 warranted on the evidence, or if specifically so 32 identified, are not reasonably based on a lack of 33 information or belief. 34 (2) "Lawsuit" means a petition for post-conviction HB0225 Engrossed -9- LRB9202515RCcd 1 relief under Article 122 of the Code of Criminal 2 Procedure of 1963, a motion pursuant to Section 116-3 of 3 the Code of Criminal Procedure of 1963, a habeas corpus 4 action under Article X of the Code of Civil Procedure or 5 under federal law (28 U.S.C. 2254), a petition for claim 6 under the Court of Claims Act or an action under the 7 federal Civil Rights Act (42 U.S.C. 1983). 8 (e) Nothing in this amendatory Act of 1998 affects the 9 validity of Public Act 89-404. 10 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97; 11 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff. 12 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357, 13 eff. 7-29-99.) 14 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 15 Sec. 5-4-1. Sentencing Hearing. 16 (a) Except when the death penalty is sought under 17 hearing procedures otherwise specified, after a determination 18 of guilt, a hearing shall be held to impose the sentence. 19 However, prior to the imposition of sentence on an individual 20 being sentenced for an offense based upon a charge for a 21 violation of Section 11-501 of the Illinois Vehicle Code or a 22 similar provision of a local ordinance, the individual must 23 undergo a professional evaluation to determine if an alcohol 24 or other drug abuse problem exists and the extent of such a 25 problem. Programs conducting these evaluations shall be 26 licensed by the Department of Human Services. However, if 27 the individual is not a resident of Illinois, the court may, 28 in its discretion, accept an evaluation from a program in the 29 state of such individual's residence. The court may in its 30 sentencing order approve an eligible defendant for placement 31 in a Department of Corrections impact incarceration program 32 as provided in Section 5-8-1.1. At the hearing the court 33 shall: HB0225 Engrossed -10- LRB9202515RCcd 1 (1) consider the evidence, if any, received upon 2 the trial; 3 (2) consider any presentence reports; 4 (3) consider the financial impact of incarceration 5 based on the financial impact statement filed with the 6 clerk of the court by the Department of Corrections; 7 (4) consider evidence and information offered by 8 the parties in aggravation and mitigation; 9 (5) hear arguments as to sentencing alternatives; 10 (6) afford the defendant the opportunity to make a 11 statement in his own behalf; 12 (7) afford the victim of a violent crime or a 13 violation of Section 11-501 of the Illinois Vehicle Code, 14 or a similar provision of a local ordinance, or a 15 qualified individual affected by a violation of Section 16 405, 405.1, 405.2, or 407 of the Illinois Controlled 17 Substances Act, committed by the defendant the 18 opportunity to make a statement concerning the impact on 19 the victim and to offer evidence in aggravation or 20 mitigation; provided that the statement and evidence 21 offered in aggravation or mitigation must first be 22 prepared in writing in conjunction with the State's 23 Attorney before it may be presented orally at the 24 hearing. Any sworn testimony offered by the victim is 25 subject to the defendant's right to cross-examine. All 26 statements and evidence offered under this paragraph (7) 27 shall become part of the record of the court. For the 28 purpose of this paragraph (7), "qualified individual" 29 means any person who (i) lived or worked within the 30 territorial jurisdiction where the offense took place 31 when the offense took place; and (ii) is familiar with 32 various public places within the territorial jurisdiction 33 where the offense took place when the offense took place. 34 For the purposes of this paragraph (7), "qualified HB0225 Engrossed -11- LRB9202515RCcd 1 individual" includes any peace officer, or any member of 2 any duly organized State, county, or municipal peace unit 3 assigned to the territorial jurisdiction where the 4 offense took place when the offense took place; and 5 (8) in cases of reckless homicide afford the 6 victim's spouse, guardians, parents or other immediate 7 family members an opportunity to make oral statements. 8 (b) All sentences shall be imposed by the judge based 9 upon his independent assessment of the elements specified 10 above and any agreement as to sentence reached by the 11 parties. The judge who presided at the trial or the judge 12 who accepted the plea of guilty shall impose the sentence 13 unless he is no longer sitting as a judge in that court. 14 Where the judge does not impose sentence at the same time on 15 all defendants who are convicted as a result of being 16 involved in the same offense, the defendant or the State's 17 Attorney may advise the sentencing court of the disposition 18 of any other defendants who have been sentenced. 19 (c) In imposing a sentence for a violent crime or for an 20 offense of operating or being in physical control of a 21 vehicle while under the influence of alcohol, any other drug 22 or any combination thereof, or a similar provision of a local 23 ordinance, when such offense resulted in the personal injury 24 to someone other than the defendant, the trial judge shall 25 specify on the record the particular evidence, information, 26 factors in mitigation and aggravation or other reasons that 27 led to his sentencing determination. The full verbatim record 28 of the sentencing hearing shall be filed with the clerk of 29 the court and shall be a public record. 30 (c-1) In imposing a sentence for the offense of 31 aggravated kidnapping for ransom, home invasion, armed 32 robbery, aggravated vehicular hijacking, aggravated discharge 33 of a firearm, or armed violence with a category I weapon or 34 category II weapon, the trial judge shall make a finding as HB0225 Engrossed -12- LRB9202515RCcd 1 to whether the conduct leading to conviction for the offense 2 resulted in great bodily harm to a victim, and shall enter 3 that finding and the basis for that finding in the record. 4 (c-2) If the defendant is sentenced to prison, other 5 than when a sentence of natural life imprisonment or a 6 sentence of death is imposed, at the time the sentence is 7 imposed the judge shall state on the record in open court the 8 approximate period of time the defendant will serve in 9 custody according to the then current statutory rules and 10 regulations for early release found in Section 3-6-3 and 11 other related provisions of this Code. This statement is 12 intended solely to inform the public, has no legal effect on 13 the defendant's actual release, and may not be relied on by 14 the defendant on appeal. 15 The judge's statement, to be given after pronouncing the 16 sentence, other than when the sentence is imposed for one of 17 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 18 shall include the following: 19 "The purpose of this statement is to inform the public of 20 the actual period of time this defendant is likely to spend 21 in prison as a result of this sentence. The actual period of 22 prison time served is determined by the statutes of Illinois 23 as applied to this sentence by the Illinois Department of 24 Corrections and the Illinois Prisoner Review Board. In this 25 case, assuming the defendant receives all of his or her good 26 conduct credit, the period of estimated actual custody is ... 27 years and ... months, less up to 180 days additional good 28 conduct credit for meritorious service. If the defendant, 29 because of his or her own misconduct or failure to comply 30 with the institutional regulations, does not receive those 31 credits, the actual time served in prison will be longer. 32 The defendant may also receive an additional one-half day 33 good conduct credit for each day of participation in 34 vocational, industry, substance abuse, and educational HB0225 Engrossed -13- LRB9202515RCcd 1 programs as provided for by Illinois statute." 2 When the sentence is imposed for one of the offenses 3 enumerated in paragraph (a)(3) of Section 3-6-3, other than 4 when the sentence is imposed for one of the offenses 5 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 6 or after June 19, 1998, and other than when the sentence is 7 imposed for reckless homicide as defined in subsection (e) of 8 Section 9-3 of the Criminal Code of 1961 if the offense was 9 committed on or after January 1, 1999, and other than when 10 the sentence is imposed for the offense enumerated in 11 paragraph (a)(2.5) of Section 3-6-3 committed on or after the 12 effective date of this amendatory Act of the 92nd General 13 Assembly, the judge's statement, to be given after 14 pronouncing the sentence, shall include the following: 15 "The purpose of this statement is to inform the public of 16 the actual period of time this defendant is likely to spend 17 in prison as a result of this sentence. The actual period of 18 prison time served is determined by the statutes of Illinois 19 as applied to this sentence by the Illinois Department of 20 Corrections and the Illinois Prisoner Review Board. In this 21 case, assuming the defendant receives all of his or her good 22 conduct credit, the period of estimated actual custody is ... 23 years and ... months, less up to 90 days additional good 24 conduct credit for meritorious service. If the defendant, 25 because of his or her own misconduct or failure to comply 26 with the institutional regulations, does not receive those 27 credits, the actual time served in prison will be longer. 28 The defendant may also receive an additional one-half day 29 good conduct credit for each day of participation in 30 vocational, industry, substance abuse, and educational 31 programs as provided for by Illinois statute." 32 When the sentence is imposed for one of the offenses 33 enumerated in paragraph (a)(2) of Section 3-6-3, other than 34 first degree murder, and the offense was committed on or HB0225 Engrossed -14- LRB9202515RCcd 1 after June 19, 1998, and when the sentence is imposed for 2 reckless homicide as defined in subsection (e) of Section 9-3 3 of the Criminal Code of 1961 if the offense was committed on 4 or after January 1, 1999, and when the sentence is imposed 5 for the offense enumerated in paragraph (a)(2.5) of Section 6 3-6-3 committed on or after the effective date of this 7 amendatory Act of the 92nd General Assembly, the judge's 8 statement, to be given after pronouncing the sentence, shall 9 include the following: 10 "The purpose of this statement is to inform the public of 11 the actual period of time this defendant is likely to spend 12 in prison as a result of this sentence. The actual period of 13 prison time served is determined by the statutes of Illinois 14 as applied to this sentence by the Illinois Department of 15 Corrections and the Illinois Prisoner Review Board. In this 16 case, the defendant is entitled to no more than 4 1/2 days of 17 good conduct credit for each month of his or her sentence of 18 imprisonment. Therefore, this defendant will serve at least 19 85% of his or her sentence. Assuming the defendant receives 20 4 1/2 days credit for each month of his or her sentence, the 21 period of estimated actual custody is ... years and ... 22 months. If the defendant, because of his or her own 23 misconduct or failure to comply with the institutional 24 regulations receives lesser credit, the actual time served in 25 prison will be longer." 26 When a sentence of imprisonment is imposed for first 27 degree murder and the offense was committed on or after June 28 19, 1998, the judge's statement, to be given after 29 pronouncing the sentence, shall include the following: 30 "The purpose of this statement is to inform the public of 31 the actual period of time this defendant is likely to spend 32 in prison as a result of this sentence. The actual period of 33 prison time served is determined by the statutes of Illinois 34 as applied to this sentence by the Illinois Department of HB0225 Engrossed -15- LRB9202515RCcd 1 Corrections and the Illinois Prisoner Review Board. In this 2 case, the defendant is not entitled to good conduct credit. 3 Therefore, this defendant will serve 100% of his or her 4 sentence." 5 (d) When the defendant is committed to the Department of 6 Corrections, the State's Attorney shall and counsel for the 7 defendant may file a statement with the clerk of the court to 8 be transmitted to the department, agency or institution to 9 which the defendant is committed to furnish such department, 10 agency or institution with the facts and circumstances of the 11 offense for which the person was committed together with all 12 other factual information accessible to them in regard to the 13 person prior to his commitment relative to his habits, 14 associates, disposition and reputation and any other facts 15 and circumstances which may aid such department, agency or 16 institution during its custody of such person. The clerk 17 shall within 10 days after receiving any such statements 18 transmit a copy to such department, agency or institution and 19 a copy to the other party, provided, however, that this shall 20 not be cause for delay in conveying the person to the 21 department, agency or institution to which he has been 22 committed. 23 (e) The clerk of the court shall transmit to the 24 department, agency or institution, if any, to which the 25 defendant is committed, the following: 26 (1) the sentence imposed; 27 (2) any statement by the court of the basis for 28 imposing the sentence; 29 (3) any presentence reports; 30 (4) the number of days, if any, which the defendant 31 has been in custody and for which he is entitled to 32 credit against the sentence, which information shall be 33 provided to the clerk by the sheriff; 34 (4.1) any finding of great bodily harm made by the HB0225 Engrossed -16- LRB9202515RCcd 1 court with respect to an offense enumerated in subsection 2 (c-1); 3 (5) all statements filed under subsection (d) of 4 this Section; 5 (6) any medical or mental health records or 6 summaries of the defendant; 7 (7) the municipality where the arrest of the 8 offender or the commission of the offense has occurred, 9 where such municipality has a population of more than 10 25,000 persons; 11 (8) all statements made and evidence offered under 12 paragraph (7) of subsection (a) of this Section; and 13 (9) all additional matters which the court directs 14 the clerk to transmit. 15 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 16 90-740, eff. 1-1-99; 91-357, eff. 7-29-99; 91-899, eff. 17 1-1-01.)