Public Act 103-0018
 
HB1496 EnrolledLRB103 04718 RLC 49727 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-5-1 and 5-4-1 as follows:
 
    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
    Sec. 3-5-1. Master Record File.
    (a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
        (1) all information from the committing court;
        (1.5) ethnic and racial background data collected in
    accordance with Section 4.5 of the Criminal Identification
    Act and Section 2-5 of the No Representation Without
    Population Act;
        (1.6) the committed person's last known complete
    street address prior to incarceration or legal residence
    collected in accordance with Section 2-5 of the No
    Representation Without Population Act;
        (2) reception summary;
        (3) evaluation and assignment reports and
    recommendations;
        (4) reports as to program assignment and progress;
        (5) reports of disciplinary infractions and
    disposition, including tickets and Administrative Review
    Board action;
        (6) any parole or aftercare release plan;
        (7) any parole or aftercare release reports;
        (8) the date and circumstances of final discharge;
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family
    relationships;
        (12) any grievances filed and responses to those
    grievances; and
        (13) other information that the respective Department
    determines is relevant to the secure confinement and
    rehabilitation of the committed person.
    (b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department
or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the
Prisoner Review Board makes a determination under this Code
which affects the length of the period of confinement or
commitment, the committed person and his counsel shall be
advised of factual information relied upon by the respective
Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any
such information which in the opinion of the Department of
Juvenile Justice or Board would be detrimental to his
treatment or rehabilitation.
    (c) The master file shall be maintained at a place
convenient to its use by personnel of the respective
Department in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law
or requested by the agency under rules and regulations of the
respective Department.
    (d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
    (e) All public agencies may make available to the
respective Department on request any factual data not
otherwise privileged as a matter of law in their possession in
respect to individuals committed to the respective Department.
    (f) A committed person may request a summary of the
committed person's master record file once per year and the
committed person's attorney may request one summary of the
committed person's master record file once per year. The
Department shall create a form for requesting this summary,
and shall make that form available to committed persons and to
the public on its website. Upon receipt of the request form,
the Department shall provide the summary within 15 days. The
summary must contain, unless otherwise prohibited by law:
        (1) the person's name, ethnic, racial, last known
    street address prior to incarceration or legal residence,
    and other identifying information;
        (2) all digitally available information from the
    committing court;
        (3) all information in the Offender 360 system on the
    person's criminal history;
        (4) the person's complete assignment history in the
    Department of Corrections;
        (5) the person's disciplinary card;
        (6) additional records about up to 3 specific
    disciplinary incidents as identified by the requester;
        (7) any available records about up to 5 specific
    grievances filed by the person, as identified by the
    requester; and
        (8) the records of all grievances filed on or after
    January 1, 2023.
    Notwithstanding any provision of this subsection (f) to
the contrary, a committed person's master record file is not
subject to disclosure and copying under the Freedom of
Information Act.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
revised 12-14-22.)
 
    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
    Sec. 5-4-1. Sentencing hearing.
    (a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may, in its
discretion, accept an evaluation from a program in the state
of such individual's residence. The court shall make a
specific finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
        (1) consider the evidence, if any, received upon the
    trial;
        (2) consider any presentence reports;
        (3) consider the financial impact of incarceration
    based on the financial impact statement filed with the
    clerk of the court by the Department of Corrections;
        (4) consider evidence and information offered by the
    parties in aggravation and mitigation;
        (4.5) consider substance abuse treatment, eligibility
    screening, and an assessment, if any, of the defendant by
    an agent designated by the State of Illinois to provide
    assessment services for the Illinois courts;
        (5) hear arguments as to sentencing alternatives;
        (6) afford the defendant the opportunity to make a
    statement in his own behalf;
        (7) afford the victim of a violent crime or a
    violation of Section 11-501 of the Illinois Vehicle Code,
    or a similar provision of a local ordinance, the
    opportunity to present an oral or written statement, as
    guaranteed by Article I, Section 8.1 of the Illinois
    Constitution and provided in Section 6 of the Rights of
    Crime Victims and Witnesses Act. The court shall allow a
    victim to make an oral statement if the victim is present
    in the courtroom and requests to make an oral or written
    statement. An oral or written statement includes the
    victim or a representative of the victim reading the
    written statement. The court may allow persons impacted by
    the crime who are not victims under subsection (a) of
    Section 3 of the Rights of Crime Victims and Witnesses Act
    to present an oral or written statement. A victim and any
    person making an oral statement shall not be put under
    oath or subject to cross-examination. All statements
    offered under this paragraph (7) shall become part of the
    record of the court. In this paragraph (7), "victim of a
    violent crime" means a person who is a victim of a violent
    crime for which the defendant has been convicted after a
    bench or jury trial or a person who is the victim of a
    violent crime with which the defendant was charged and the
    defendant has been convicted under a plea agreement of a
    crime that is not a violent crime as defined in subsection
    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
        (7.5) afford a qualified person affected by: (i) a
    violation of Section 405, 405.1, 405.2, or 407 of the
    Illinois Controlled Substances Act or a violation of
    Section 55 or Section 65 of the Methamphetamine Control
    and Community Protection Act; or (ii) a Class 4 felony
    violation of Section 11-14, 11-14.3 except as described in
    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
    11-18.1, or 11-19 of the Criminal Code of 1961 or the
    Criminal Code of 2012, committed by the defendant the
    opportunity to make a statement concerning the impact on
    the qualified person and to offer evidence in aggravation
    or mitigation; provided that the statement and evidence
    offered in aggravation or mitigation shall first be
    prepared in writing in conjunction with the State's
    Attorney before it may be presented orally at the hearing.
    Sworn testimony offered by the qualified person is subject
    to the defendant's right to cross-examine. All statements
    and evidence offered under this paragraph (7.5) shall
    become part of the record of the court. In this paragraph
    (7.5), "qualified person" means any person who: (i) lived
    or worked within the territorial jurisdiction where the
    offense took place when the offense took place; or (ii) is
    familiar with various public places within the territorial
    jurisdiction where the offense took place when the offense
    took place. "Qualified person" includes any peace officer
    or any member of any duly organized State, county, or
    municipal peace officer unit assigned to the territorial
    jurisdiction where the offense took place when the offense
    took place;
        (8) in cases of reckless homicide afford the victim's
    spouse, guardians, parents or other immediate family
    members an opportunity to make oral statements;
        (9) in cases involving a felony sex offense as defined
    under the Sex Offender Management Board Act, consider the
    results of the sex offender evaluation conducted pursuant
    to Section 5-3-2 of this Act; and
        (10) make a finding of whether a motor vehicle was
    used in the commission of the offense for which the
    defendant is being sentenced.
    (b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
    (b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
    (c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
    (c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
    (c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires
a mandatory minimum sentence of imprisonment, the court may
instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The
court must state on the record its reasons for imposing
probation, conditional discharge, or a lesser term of
imprisonment.
    (c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
    The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
    When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
    When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
    When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
    (c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
        (1) order that the officer preparing the presentence
    report consult with the United States Department of
    Veterans Affairs, Illinois Department of Veterans'
    Affairs, or another agency or person with suitable
    knowledge or experience for the purpose of providing the
    court with information regarding treatment options
    available to the defendant, including federal, State, and
    local programming; and
        (2) consider the treatment recommendations of any
    diagnosing or treating mental health professionals
    together with the treatment options available to the
    defendant in imposing sentence.
    For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
    (c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
    (c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
    (d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
    (e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
        (1) the sentence imposed;
        (2) any statement by the court of the basis for
    imposing the sentence;
        (3) any presentence reports;
        (3.3) the person's last known complete street address
    prior to incarceration or legal residence, the person's
    race, whether the person is of Hispanic or Latino origin,
    and whether the person is 18 years of age or older;
        (3.5) any sex offender evaluations;
        (3.6) any substance abuse treatment eligibility
    screening and assessment of the defendant by an agent
    designated by the State of Illinois to provide assessment
    services for the Illinois courts;
        (4) the number of days, if any, which the defendant
    has been in custody and for which he is entitled to credit
    against the sentence, which information shall be provided
    to the clerk by the sheriff;
        (4.1) any finding of great bodily harm made by the
    court with respect to an offense enumerated in subsection
    (c-1);
        (5) all statements filed under subsection (d) of this
    Section;
        (6) any medical or mental health records or summaries
    of the defendant;
        (7) the municipality where the arrest of the offender
    or the commission of the offense has occurred, where such
    municipality has a population of more than 25,000 persons;
        (8) all statements made and evidence offered under
    paragraph (7) of subsection (a) of this Section; and
        (9) all additional matters which the court directs the
    clerk to transmit.
    (f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
 
    Section 10. The No Representation Without Population Act
is amended by changing Section 2-10 as follows:
 
    (730 ILCS 205/2-10)
    Sec. 2-10. Reports to the State Board of Elections.
    (a) Within 30 days after the effective date of this Act,
and thereafter, on or before May 1 of each year in which the
federal decennial census is taken but in which the United
States Bureau of the Census allocates incarcerated persons as
residents of correctional facilities, the Department shall
deliver to the State Board of Elections the following
information:
        (1) A unique identifier, not including the name or
    Department-assigned inmate number, for each incarcerated
    person subject to the jurisdiction of the Department on
    the date for which the decennial census reports
    population. The unique identifier shall enable the State
    Board of Elections to address inquiries about specific
    address records to the Department, without making it
    possible for anyone outside of the Department to identify
    the inmate to whom the address record pertains.
        (2) The street address of the correctional facility
    where the person was incarcerated at the time of the
    report.
        (3) The last known address of the person prior to
    incarceration or other legal residence, if known. If the
    last address or legal address of the person is unknown,
    the Department shall use, if available, addresses
    collected for purposes of parole, mandatory supervised
    release, or aftercare release programs.
        (4) The person's race, whether the person is of
    Hispanic or Latino origin, and whether the person is age
    18 or older, if known.
        (5) Any additional information as the State Board of
    Elections may request pursuant to law.
    (b) The Department shall provide the information specified
in subsection (a) in the form that the State Board of Elections
shall specify.
    (c) Notwithstanding any other provision of law, the
information required to be provided to the State Board of
Elections pursuant to this Section shall not include the name
of any incarcerated person and shall not allow for the
identification of any person therefrom, except to the
Department. The information shall be treated as confidential
and shall not be disclosed by the State Board of Elections
except as redistricting data aggregated by census block for
purposes specified in Section 2-20.
(Source: P.A. 101-652, eff. 1-1-25; 102-813, eff. 5-13-22.)