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Public Act 096-0086
Public Act 0086 96TH GENERAL ASSEMBLY
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Public Act 096-0086 |
HB2281 Enrolled |
LRB096 09107 RLC 19250 b |
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| 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 Section 5-4-1 as follows:
| (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 may in its sentencing order | approve an
eligible defendant for placement in a Department of | Corrections impact
incarceration program as provided in |
| Section 5-8-1.1 or 5-8-1.3. 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, or a qualified | individual 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, 11-15, | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | 1961,
committed by the defendant the opportunity to make a | statement
concerning the impact on the victim and to offer | evidence in aggravation or
mitigation; provided that the | statement and evidence offered in aggravation
or | mitigation must first be prepared in writing in conjunction | with the
State's Attorney before it may be presented orally | at the hearing. Any
sworn testimony offered by the victim | is subject to the defendant's right
to cross-examine. All | statements and evidence offered under this paragraph
(7) | shall become part of the record of the court. For the | purpose of this
paragraph (7), "qualified individual" | means any person who (i) lived or worked
within the | territorial jurisdiction where the offense took place when | the
offense took place;
and (ii) is familiar with various | public places within the territorial
jurisdiction where
| the offense took place when the offense took place. For the | purposes of
this paragraph (7), "qualified individual" | includes any peace officer,
or any member of any duly | organized State, county, or municipal peace 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; and
| (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.
| (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.
| (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-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 early release | 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)(3) 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 good | conduct credit, the period of estimated actual
custody is ... | years and ... months, less up to 180 days additional good
| conduct credit for meritorious service. 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 good conduct
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)(3) of Section 3-6-3, other than | when the sentence is imposed for one of the
offenses enumerated | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 19, 1998, and other than when the sentence is imposed for
| reckless homicide as defined in subsection (e) of Section 9-3 | of the Criminal
Code of 1961 if the offense was committed on or | after January 1, 1999, and
other than 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), | 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,
assuming the defendant
receives all of his or her good | conduct credit, the period of estimated actual
custody is ... | years and ... months, less up to 90 days additional good
| conduct credit for meritorious service. 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 good conduct
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 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), 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 | good conduct 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 good conduct 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 good conduct 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. | (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;
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| (3) any presentence reports;
| (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.
| (Source: P.A. 94-156, eff. 7-8-05; 94-556, eff. 9-11-05; | 95-331, eff. 8-21-07.)
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Effective Date: 1/1/2010
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