State of Illinois
92nd General Assembly
Legislation

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92_HB4104eng

 
HB4104 Engrossed                               LRB9211871RCcd

 1        AN ACT in relation to criminal law.

 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
 5    by 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
 
HB4104 Engrossed            -2-                LRB9211871RCcd
 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
 
HB4104 Engrossed            -3-                LRB9211871RCcd
 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  aggravated arson committed on or after the effective
15        date of this amendatory Act of the 92nd General  Assembly
16        shall  receive  no  more  than  4.5  days of good conduct
17        credit  for  each  month  of  his  or  her  sentence   of
18        imprisonment.
19             (3)  The  rules  and  regulations shall also provide
20        that the Director may award up  to  180  days  additional
21        good  conduct  credit for meritorious service in specific
22        instances as the Director deems proper;  except  that  no
23        more  than 90 days of good conduct credit for meritorious
24        service shall be awarded to any prisoner who is serving a
25        sentence for conviction of first degree murder,  reckless
26        homicide  while  under  the  influence  of alcohol or any
27        other drug, aggravated kidnapping, kidnapping,  predatory
28        criminal  sexual  assault of a child, aggravated criminal
29        sexual assault, criminal sexual assault,  deviate  sexual
30        assault,  aggravated  criminal  sexual  abuse, aggravated
31        indecent liberties with a child, indecent liberties  with
32        a  child,  child pornography, heinous battery, aggravated
33        battery of a spouse, aggravated battery of a spouse  with
34        a  firearm,  stalking,  aggravated  stalking,  aggravated
 
HB4104 Engrossed            -4-                LRB9211871RCcd
 1        battery  of  a child, endangering the life or health of a
 2        child, cruelty to  a  child,  or  narcotic  racketeering.
 3        Notwithstanding  the  foregoing,  good conduct credit for
 4        meritorious service shall not be awarded on a sentence of
 5        imprisonment imposed for conviction of: (i)  one  of  the
 6        offenses   enumerated  in  subdivision  (a)(2)  when  the
 7        offense is committed on or  after  June  19,  1998,  (ii)
 8        reckless homicide as defined in subsection (e) of Section
 9        9-3  of  the  Criminal  Code  of 1961 when the offense is
10        committed on or after January 1, 1999, (iii) one  of  the
11        offenses  enumerated  in  subdivision  (a)(2.4)  when the
12        offense is committed on or after the  effective  date  of
13        this  amendatory  Act  of  1999, or (iv) aggravated arson
14        when the offense is committed on or after  the  effective
15        date of this amendatory Act of the 92nd General Assembly.
16             (4)  The  rules  and  regulations shall also provide
17        that the good conduct  credit  accumulated  and  retained
18        under  paragraph  (2.1) of subsection (a) of this Section
19        by any inmate during specific periods of  time  in  which
20        such  inmate  is  engaged  full-time  in  substance abuse
21        programs,   correctional   industry    assignments,    or
22        educational  programs  provided  by  the Department under
23        this  paragraph  (4)  and  satisfactorily  completes  the
24        assigned program as determined by the  standards  of  the
25        Department,  shall  be multiplied by a factor of 1.25 for
26        program participation before August 11, 1993 and 1.50 for
27        program participation on or after that date. However,  no
28        inmate  shall be eligible for the additional good conduct
29        credit under this paragraph (4) while assigned to a  boot
30        camp,  mental health unit, or electronic detention, or if
31        convicted of an offense enumerated in paragraph (a)(2) of
32        this Section that is committed on or after June 19, 1998,
33        or if  convicted  of  reckless  homicide  as  defined  in
34        subsection  (e)  of  Section  9-3 of the Criminal Code of
 
HB4104 Engrossed            -5-                LRB9211871RCcd
 1        1961 if the offense is committed on or after  January  1,
 2        1999,  or  if  convicted  of  an  offense  enumerated  in
 3        paragraph  (a)(2.4)  of this Section that is committed on
 4        or after the effective date of  this  amendatory  Act  of
 5        1999,  or first degree murder, a Class X felony, criminal
 6        sexual assault, felony criminal sexual abuse,  aggravated
 7        criminal sexual abuse, aggravated battery with a firearm,
 8        or any predecessor or successor offenses with the same or
 9        substantially the same elements, or any inchoate offenses
10        relating  to  the foregoing offenses.  No inmate shall be
11        eligible for the additional  good  conduct  credit  under
12        this  paragraph  (4)  who  (i)  has  previously  received
13        increased  good  conduct  credit under this paragraph (4)
14        and has subsequently been convicted of a felony, or  (ii)
15        has  previously  served  more  than one prior sentence of
16        imprisonment  for  a  felony  in  an  adult  correctional
17        facility.
18             Educational,   vocational,   substance   abuse   and
19        correctional industry programs under which  good  conduct
20        credit may be increased under this paragraph (4) shall be
21        evaluated  by  the  Department on the basis of documented
22        standards.  The Department shall report  the  results  of
23        these   evaluations  to  the  Governor  and  the  General
24        Assembly by September 30th of  each  year.   The  reports
25        shall  include data relating to the recidivism rate among
26        program participants.
27             Availability of these programs shall be  subject  to
28        the  limits  of  fiscal  resources  appropriated  by  the
29        General  Assembly  for  these purposes.  Eligible inmates
30        who are denied immediate admission shall be placed  on  a
31        waiting   list   under   criteria   established   by  the
32        Department. The inability of any inmate to become engaged
33        in any such programs by reason  of  insufficient  program
34        resources  or  for any other reason established under the
 
HB4104 Engrossed            -6-                LRB9211871RCcd
 1        rules and regulations of  the  Department  shall  not  be
 2        deemed  a  cause  of action under which the Department or
 3        any employee or agent of the Department shall  be  liable
 4        for damages to the inmate.
 5             (4.5)  The  rules  and  regulations on early release
 6        shall also provide that  a  prisoner  who  is  serving  a
 7        sentence for a crime committed as a result of the use of,
 8        abuse  of,  or  addiction  to  alcohol  or  a  controlled
 9        substance  and  the  crime  was committed on or after the
10        effective date of this Amendatory Act of the 92nd General
11        Assembly shall receive no good conduct credit until he or
12        she participates  in  and  completes  a  substance  abuse
13        treatment  program.  Good  conduct  credit  awarded under
14        clauses (2), (3), and (4)  of  this  subsection  (a)  for
15        crimes  committed  on or after the effective date of this
16        amendatory Act of the 92nd General Assembly is subject to
17        the provisions of this clause (4.5).    If  the  prisoner
18        completes   a  substance  abuse  treatment  program,  the
19        Department may award good conduct  credit  for  the  time
20        spent  in  treatment.  Availability  of  substance  abuse
21        treatment  shall  be  subject  to  the  limits  of fiscal
22        resources appropriated by the General Assembly for  these
23        purposes.  If  treatment  is  not available, the prisoner
24        shall  be  placed  on  a  waiting  list  under   criteria
25        established by the Department. The Department may require
26        a prisoner placed on a waiting list to attend a substance
27        abuse education class or attend substance abuse self-help
28        meetings.  A prisoner may not lose good conduct credit as
29        a result of being placed on a waiting  list.  A  prisoner
30        placed  on  a waiting list remains eligible for increased
31        good conduct credit for participation in an  educational,
32        vocational, or correctional industry program under clause
33        (4) of subsection (a) of this Section.
34             (5)  Whenever  the  Department  is  to  release  any
 
HB4104 Engrossed            -7-                LRB9211871RCcd
 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
 
HB4104 Engrossed            -8-                LRB9211871RCcd
 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
 
HB4104 Engrossed            -9-                LRB9211871RCcd
 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    (Source: P.A.  91-121,  eff.  7-15-99;  91-357, eff. 7-29-99;
31    92-176, eff. 7-27-01.)

32        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
33        Sec. 5-4-1.  Sentencing Hearing.
 
HB4104 Engrossed            -10-               LRB9211871RCcd
 1        (a)  Except  when  the  death  penalty  is  sought  under
 2    hearing procedures otherwise specified, after a determination
 3    of guilt, a hearing shall be held  to  impose  the  sentence.
 4    However, prior to the imposition of sentence on an individual
 5    being  sentenced  for  an  offense  based upon a charge for a
 6    violation of Section 11-501 of the Illinois Vehicle Code or a
 7    similar provision of a local ordinance, the  individual  must
 8    undergo  a professional evaluation to determine if an alcohol
 9    or other drug abuse problem exists and the extent of  such  a
10    problem.   Programs  conducting  these  evaluations  shall be
11    licensed by the Department of Human  Services.   However,  if
12    the  individual is not a resident of Illinois, the court may,
13    in its discretion, accept an evaluation from a program in the
14    state of such individual's residence. The court  may  in  its
15    sentencing  order approve an eligible defendant for placement
16    in a Department of Corrections impact  incarceration  program
17    as  provided  in  Section  5-8-1.1.  At the hearing the court
18    shall:
19             (1)  consider the evidence, if  any,  received  upon
20        the trial;
21             (2)  consider any presentence reports;
22             (3)  consider  the financial impact of incarceration
23        based on the financial impact statement  filed  with  the
24        clerk of the court by the Department of Corrections;
25             (4)  consider  evidence  and  information offered by
26        the parties in aggravation and mitigation;
27             (5)  hear arguments as to sentencing alternatives;
28             (6)  afford the defendant the opportunity to make  a
29        statement in his own behalf;
30             (7)  afford  the  victim  of  a  violent  crime or a
31        violation of Section 11-501 of the Illinois Vehicle Code,
32        or a  similar  provision  of  a  local  ordinance,  or  a
33        qualified  individual  affected by a violation of Section
34        405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
 
HB4104 Engrossed            -11-               LRB9211871RCcd
 1        Substances   Act,   committed   by   the   defendant  the
 2        opportunity to make a statement concerning the impact  on
 3        the  victim  and  to  offer  evidence  in  aggravation or
 4        mitigation; provided  that  the  statement  and  evidence
 5        offered  in  aggravation  or  mitigation  must  first  be
 6        prepared  in  writing  in  conjunction  with  the State's
 7        Attorney  before  it  may  be  presented  orally  at  the
 8        hearing. Any sworn testimony offered  by  the  victim  is
 9        subject  to  the  defendant's right to cross-examine. All
10        statements and evidence offered under this paragraph  (7)
11        shall  become  part  of the record of the court.  For the
12        purpose of this  paragraph  (7),  "qualified  individual"
13        means  any  person  who  (i)  lived  or worked within the
14        territorial jurisdiction where  the  offense  took  place
15        when  the  offense  took place; and (ii) is familiar with
16        various public places within the territorial jurisdiction
17        where the offense took place when the offense took place.
18        For  the  purposes  of  this  paragraph  (7),  "qualified
19        individual" includes any peace officer, or any member  of
20        any duly organized State, county, or municipal peace unit
21        assigned   to  the  territorial  jurisdiction  where  the
22        offense took place when the offense took place; and
23             (8)  in  cases  of  reckless  homicide  afford   the
24        victim's  spouse,  guardians,  parents or other immediate
25        family members an opportunity to make oral statements.
26        (b)  All sentences shall be imposed by  the  judge  based
27    upon  his  independent  assessment  of the elements specified
28    above and  any  agreement  as  to  sentence  reached  by  the
29    parties.   The  judge  who presided at the trial or the judge
30    who accepted the plea of guilty  shall  impose  the  sentence
31    unless  he  is  no  longer  sitting as a judge in that court.
32    Where the judge does not impose sentence at the same time  on
33    all  defendants  who  are  convicted  as  a  result  of being
34    involved in the same offense, the defendant  or  the  State's
 
HB4104 Engrossed            -12-               LRB9211871RCcd
 1    Attorney  may  advise the sentencing court of the disposition
 2    of any other defendants who have been sentenced.
 3        (c)  In imposing a sentence for a violent crime or for an
 4    offense of operating  or  being  in  physical  control  of  a
 5    vehicle  while under the influence of alcohol, any other drug
 6    or any combination thereof, or a similar provision of a local
 7    ordinance, when such offense resulted in the personal  injury
 8    to  someone  other  than the defendant, the trial judge shall
 9    specify on the record the particular  evidence,  information,
10    factors  in  mitigation and aggravation or other reasons that
11    led to his sentencing determination. The full verbatim record
12    of the sentencing hearing shall be filed with  the  clerk  of
13    the court and shall be a public record.
14        (c-1)  In   imposing   a  sentence  for  the  offense  of
15    aggravated  kidnapping  for  ransom,  home  invasion,   armed
16    robbery, aggravated vehicular hijacking, aggravated discharge
17    of  a  firearm, or armed violence with a category I weapon or
18    category II weapon, the trial judge shall make a  finding  as
19    to  whether the conduct leading to conviction for the offense
20    resulted in great bodily harm to a victim,  and  shall  enter
21    that finding and the basis for that finding in the record.
22        (c-2)  If  the  defendant  is  sentenced to prison, other
23    than when a  sentence  of  natural  life  imprisonment  or  a
24    sentence  of  death  is  imposed, at the time the sentence is
25    imposed the judge shall state on the record in open court the
26    approximate period  of  time  the  defendant  will  serve  in
27    custody  according  to  the  then current statutory rules and
28    regulations for early release  found  in  Section  3-6-3  and
29    other  related  provisions  of  this Code.  This statement is
30    intended solely to inform the public, has no legal effect  on
31    the  defendant's  actual release, and may not be relied on by
32    the defendant on appeal.
33        The judge's statement, to be given after pronouncing  the
34    sentence,  other than when the sentence is imposed for one of
 
HB4104 Engrossed            -13-               LRB9211871RCcd
 1    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
 2    shall include the following:
 3        "The purpose of this statement is to inform the public of
 4    the actual period of time this defendant is likely  to  spend
 5    in prison as a result of this sentence.  The actual period of
 6    prison  time served is determined by the statutes of Illinois
 7    as applied to this sentence by  the  Illinois  Department  of
 8    Corrections  and the Illinois Prisoner Review Board.  In this
 9    case, assuming the defendant receives all of his or her  good
10    conduct credit, the period of estimated actual custody is ...
11    years  and  ...  months,  less up to 180 days additional good
12    conduct credit for meritorious service.   If  the  defendant,
13    because  of  his  or  her own misconduct or failure to comply
14    with the institutional regulations, does  not  receive  those
15    credits,  the  actual  time  served in prison will be longer.
16    The defendant may also receive  an  additional  one-half  day
17    good   conduct  credit  for  each  day  of  participation  in
18    vocational,  industry,  substance  abuse,   and   educational
19    programs as provided for by Illinois statute."
20        When  the  sentence  is  imposed  for one of the offenses
21    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
22    when  the  sentence  is  imposed  for  one  of  the  offenses
23    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
24    or after June 19, 1998, and other than when the  sentence  is
25    imposed for reckless homicide as defined in subsection (e) of
26    Section  9-3  of the Criminal Code of 1961 if the offense was
27    committed on or after January 1, 1999, and  other  than  when
28    the  sentence  is imposed for aggravated arson if the offense
29    was  committed  on  or  after  the  effective  date  of  this
30    amendatory Act of the  92nd  General  Assembly,  the  judge's
31    statement,  to be given after pronouncing the sentence, shall
32    include the following:
33        "The purpose of this statement is to inform the public of
34    the actual period of time this defendant is likely  to  spend
 
HB4104 Engrossed            -14-               LRB9211871RCcd
 1    in prison as a result of this sentence.  The actual period of
 2    prison  time served is determined by the statutes of Illinois
 3    as applied to this sentence by  the  Illinois  Department  of
 4    Corrections  and the Illinois Prisoner Review Board.  In this
 5    case, assuming the defendant receives all of his or her  good
 6    conduct credit, the period of estimated actual custody is ...
 7    years  and  ...  months,  less  up to 90 days additional good
 8    conduct credit for meritorious service.   If  the  defendant,
 9    because  of  his  or  her own misconduct or failure to comply
10    with the institutional regulations, does  not  receive  those
11    credits,  the  actual  time  served in prison will be longer.
12    The defendant may also receive  an  additional  one-half  day
13    good   conduct  credit  for  each  day  of  participation  in
14    vocational,  industry,  substance  abuse,   and   educational
15    programs as provided for by Illinois statute."
16        When  the  sentence  is  imposed  for one of the offenses
17    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
18    first  degree  murder,  and  the  offense was committed on or
19    after June 19, 1998, and when the  sentence  is  imposed  for
20    reckless homicide as defined in subsection (e) of Section 9-3
21    of  the Criminal Code of 1961 if the offense was committed on
22    or after January 1, 1999, and when the  sentence  is  imposed
23    for aggravated arson if the offense was committed on or after
24    the effective date of this amendatory Act of the 92nd General
25    Assembly,   the   judge's   statement,   to  be  given  after
26    pronouncing the sentence, 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, the defendant is entitled to no more than 4 1/2 days of
34    good conduct credit for each month of his or her sentence  of
 
HB4104 Engrossed            -15-               LRB9211871RCcd
 1    imprisonment.   Therefore, this defendant will serve at least
 2    85% of his or her sentence.  Assuming the defendant  receives
 3    4  1/2 days credit for each month of his or her sentence, the
 4    period of estimated actual  custody  is  ...  years  and  ...
 5    months.   If  the  defendant,  because  of  his  or  her  own
 6    misconduct  or  failure  to  comply  with  the  institutional
 7    regulations receives lesser credit, the actual time served in
 8    prison will be longer."
 9        When  a  sentence  of  imprisonment  is imposed for first
10    degree murder and the offense was committed on or after  June
11    19,   1998,   the   judge's  statement,  to  be  given  after
12    pronouncing the sentence, shall include the following:
13        "The purpose of this statement is to inform the public of
14    the actual period of time this defendant is likely  to  spend
15    in prison as a result of this sentence.  The actual period of
16    prison  time served is determined by the statutes of Illinois
17    as applied to this sentence by  the  Illinois  Department  of
18    Corrections  and the Illinois Prisoner Review Board.  In this
19    case, the defendant is not entitled to good  conduct  credit.
20    Therefore,  this  defendant  will  serve  100%  of his or her
21    sentence."
22        When the sentence is imposed for any offense that results
23    in incarceration in  a  Department  of  Corrections  facility
24    committed  as  a result of the use of, abuse of, or addiction
25    to alcohol or  a  controlled  substance  and  the  crime  was
26    committed  on  or after the effective date of this amendatory
27    Act of the 92nd General Assembly, the judge's  statement,  in
28    addition  to  any other judge's statement required under this
29    Section, to be given after pronouncing  the  sentence,  shall
30    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
 
HB4104 Engrossed            -16-               LRB9211871RCcd
 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 shall  receive  no  good  conduct  credit
 4    until  he  or  she  participates in and completes a substance
 5    abuse treatment program."
 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;
 
HB4104 Engrossed            -17-               LRB9211871RCcd
 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.  91-357,  eff.  7-29-99;  91-899, eff. 1-1-01;
17    92-176, eff. 7-27-01.)

18        Section 99.   Effective  date.   This  Act  takes  effect
19    September 1, 2002.

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