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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3444 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
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| 730 ILCS 5/5-4-1 | from Ch. 38, par. 1005-4-1 | 730 ILCS 5/5-5-3 | |
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Amends the Unified Code of Corrections. In provisions that specify offenses for which a period of probation, a term of periodic imprisonment, or
conditional discharge shall not be imposed, provides exceptions for certain offenses in cases where the offender is under the age of 26 at the time of the offense. Provides that, at a sentencing hearing, the court shall consider the developmental appropriateness of the sentence and apply great weight to factors of youthfulness such as the diminished culpability of youth and young adults as compared to adults and capacity for growth and maturity.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Unified Code of Corrections is amended by |
5 | | changing Sections 5-4-1 and 5-5-3 as follows:
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6 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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7 | | Sec. 5-4-1. Sentencing hearing.
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8 | | (a) Except when the death penalty is
sought under hearing |
9 | | procedures otherwise specified, after a
determination of |
10 | | guilt, a hearing shall be held to impose the sentence.
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11 | | However, prior to the imposition of sentence on an individual |
12 | | being
sentenced for an offense based upon a charge for a |
13 | | violation of Section
11-501 of the Illinois Vehicle Code or a |
14 | | similar provision of a local
ordinance, the individual must |
15 | | undergo a professional evaluation to
determine if an alcohol |
16 | | or other drug abuse problem exists and the extent
of such a |
17 | | problem. Programs conducting these evaluations shall be
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18 | | licensed by the Department of Human Services. However, if the |
19 | | individual is
not a resident of Illinois, the court
may, in its |
20 | | discretion, accept an evaluation from a program in the state |
21 | | of
such individual's residence. The court shall make a |
22 | | specific finding about whether the defendant is eligible for |
23 | | participation in a Department impact incarceration program as |
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1 | | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an |
2 | | explanation as to why a sentence to impact incarceration is |
3 | | not an appropriate sentence. The court may in its sentencing |
4 | | order recommend a defendant for placement in a Department of |
5 | | Corrections substance abuse treatment program as provided in |
6 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
7 | | upon the defendant being accepted in a program by the |
8 | | Department of Corrections. At the
hearing , the court
shall:
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9 | | (1) consider the evidence, if any, received upon the |
10 | | trial;
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11 | | (2) consider any presentence reports;
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12 | | (3) consider the financial impact of incarceration |
13 | | based on the
financial impact statement filed with the |
14 | | clerk of the court by the
Department of Corrections;
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15 | | (4) consider evidence and information offered by the |
16 | | parties in
aggravation and mitigation; |
17 | | (4.5) consider substance abuse treatment, eligibility |
18 | | screening, and an assessment, if any, of the defendant by |
19 | | an agent designated by the State of Illinois to provide |
20 | | assessment services for the Illinois courts;
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21 | | (5) hear arguments as to sentencing alternatives;
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22 | | (6) afford the defendant the opportunity to make a |
23 | | statement in his
own behalf;
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24 | | (7) afford the victim of a violent crime or a |
25 | | violation of Section
11-501 of the Illinois Vehicle Code, |
26 | | or a similar provision of a local
ordinance, the |
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1 | | opportunity to present an oral or written statement, as |
2 | | guaranteed by Article I, Section 8.1 of the Illinois |
3 | | Constitution and provided in Section 6 of the Rights of |
4 | | Crime Victims and Witnesses Act. The court shall allow a |
5 | | victim to make an oral statement if the victim is present |
6 | | in the courtroom and requests to make an oral or written |
7 | | statement. An oral or written statement includes the |
8 | | victim or a representative of the victim reading the |
9 | | written statement. The court may allow persons impacted by |
10 | | the crime who are not victims under subsection (a) of |
11 | | Section 3 of the Rights of Crime Victims and Witnesses Act |
12 | | to present an oral or written statement. A victim and any |
13 | | person making an oral statement shall not be put under |
14 | | oath or subject to cross-examination. All statements |
15 | | offered under this paragraph
(7) shall become part of the |
16 | | record of the court. In this
paragraph (7), "victim of a |
17 | | violent crime" means a person who is a victim of a violent |
18 | | crime for which the defendant has been convicted after a |
19 | | bench or jury trial or a person who is the victim of a |
20 | | violent crime with which the defendant was charged and the |
21 | | defendant has been convicted under a plea agreement of a |
22 | | crime that is not a violent crime as defined in subsection |
23 | | (c) of 3 of the Rights of Crime Victims and Witnesses Act; |
24 | | (7.5) afford a qualified person affected by: (i) a |
25 | | violation of Section 405, 405.1, 405.2, or 407 of the |
26 | | Illinois Controlled Substances Act or a violation of |
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1 | | Section 55 or Section 65 of the Methamphetamine Control |
2 | | and Community Protection Act; or (ii) a Class 4 felony |
3 | | violation of Section 11-14, 11-14.3 except as described in |
4 | | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, |
5 | | 11-18.1, or 11-19 of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012, committed by the defendant the |
7 | | opportunity to make a statement concerning the impact on |
8 | | the qualified person and to offer evidence in aggravation |
9 | | or mitigation; provided that the statement and evidence |
10 | | offered in aggravation or mitigation shall first be |
11 | | prepared in writing in conjunction with the State's |
12 | | Attorney before it may be presented orally at the hearing. |
13 | | Sworn testimony offered by the qualified person is subject |
14 | | to the defendant's right to cross-examine. All statements |
15 | | and evidence offered under this paragraph (7.5) shall |
16 | | become part of the record of the court. In this paragraph |
17 | | (7.5), "qualified person" means any person who: (i) lived |
18 | | or worked within the territorial jurisdiction where the |
19 | | offense took place when the offense took place; or (ii) is |
20 | | familiar with various public places within the territorial |
21 | | jurisdiction where the offense took place when the offense |
22 | | took place. "Qualified person" includes any peace officer |
23 | | or any member of any duly organized State, county, or |
24 | | municipal peace officer unit assigned to the territorial |
25 | | jurisdiction where the offense took place when the offense |
26 | | took place;
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1 | | (8) in cases of reckless homicide afford the victim's |
2 | | spouse,
guardians, parents or other immediate family |
3 | | members an opportunity to make
oral statements;
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4 | | (9) in cases involving a felony sex offense as defined |
5 | | under the Sex
Offender
Management Board Act, consider the |
6 | | results of the sex offender evaluation
conducted pursuant |
7 | | to Section 5-3-2 of this Act; and
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8 | | (10) make a finding of whether a motor vehicle was |
9 | | used in the commission of the offense for which the |
10 | | defendant is being sentenced ; and . |
11 | | (11) consider the developmental appropriateness of the |
12 | | sentence and apply great weight to factors of youthfulness |
13 | | such as the diminished culpability of youth and young |
14 | | adults as compared to adults and capacity for growth and |
15 | | maturity. |
16 | | (b) All sentences shall be imposed by the judge based upon |
17 | | his
independent assessment of the elements specified above and |
18 | | any agreement
as to sentence reached by the parties. The judge |
19 | | who presided at the
trial or the judge who accepted the plea of |
20 | | guilty shall impose the
sentence unless he is no longer |
21 | | sitting as a judge in that court. Where
the judge does not |
22 | | impose sentence at the same time on all defendants
who are |
23 | | convicted as a result of being involved in the same offense, |
24 | | the
defendant or the State's Attorney may advise the |
25 | | sentencing court of the
disposition of any other defendants |
26 | | who have been sentenced.
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1 | | (b-1) In imposing a sentence of imprisonment or periodic |
2 | | imprisonment for a Class 3 or Class 4 felony for which a |
3 | | sentence of probation or conditional discharge is an available |
4 | | sentence, if the defendant has no prior sentence of probation |
5 | | or conditional discharge and no prior conviction for a violent |
6 | | crime, the defendant shall not be sentenced to imprisonment |
7 | | before review and consideration of a presentence report and |
8 | | determination and explanation of why the particular evidence, |
9 | | information, factor in aggravation, factual finding, or other |
10 | | reasons support a sentencing determination that one or more of |
11 | | the factors under subsection (a) of Section 5-6-1 of this Code |
12 | | apply and that probation or conditional discharge is not an |
13 | | appropriate sentence. |
14 | | (c) In imposing a sentence for a violent crime or for an |
15 | | offense of
operating or being in physical control of a vehicle |
16 | | while under the
influence of alcohol, any other drug or any |
17 | | combination thereof, or a
similar provision of a local |
18 | | ordinance, when such offense resulted in the
personal injury |
19 | | to someone other than the defendant, the trial judge shall
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20 | | specify on the record the particular evidence, information, |
21 | | factors in
mitigation and aggravation or other reasons that |
22 | | led to his sentencing
determination. The full verbatim record |
23 | | of the sentencing hearing shall be
filed with the clerk of the |
24 | | court and shall be a public record.
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25 | | (c-1) In imposing a sentence for the offense of aggravated |
26 | | kidnapping for
ransom, home invasion, armed robbery, |
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1 | | aggravated vehicular hijacking,
aggravated discharge of a |
2 | | firearm, or armed violence with a category I weapon
or |
3 | | category II weapon,
the trial judge shall make a finding as to |
4 | | whether the conduct leading to
conviction for the offense |
5 | | resulted in great bodily harm to a victim, and
shall enter that |
6 | | finding and the basis for that finding in the record.
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7 | | (c-1.5) Notwithstanding any other provision of law to the |
8 | | contrary, in imposing a sentence for an offense that requires |
9 | | a mandatory minimum sentence of imprisonment, the court may |
10 | | instead sentence the offender to probation, conditional |
11 | | discharge, or a lesser term of imprisonment it deems |
12 | | appropriate if: (1) the offense involves the use or possession |
13 | | of drugs, retail theft, or driving on a revoked license due to |
14 | | unpaid financial obligations; (2) the court finds that the |
15 | | defendant does not pose a risk to public safety; and (3) the |
16 | | interest of justice requires imposing a term of probation, |
17 | | conditional discharge, or a lesser term of imprisonment. The |
18 | | court must state on the record its reasons for imposing |
19 | | probation, conditional discharge, or a lesser term of |
20 | | imprisonment. |
21 | | (c-2) If the defendant is sentenced to prison, other than |
22 | | when a sentence of
natural life imprisonment or a sentence of |
23 | | death is imposed, at the time
the sentence is imposed the judge |
24 | | shall
state on the record in open court the approximate period |
25 | | of time the defendant
will serve in custody according to the |
26 | | then current statutory rules and
regulations for sentence |
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1 | | credit found in Section 3-6-3 and other related
provisions of |
2 | | this Code. This statement is intended solely to inform the
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3 | | public, has no legal effect on the defendant's actual release, |
4 | | and may not be
relied on by the defendant on appeal.
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5 | | The judge's statement, to be given after pronouncing the |
6 | | sentence, other than
when the sentence is imposed for one of |
7 | | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, |
8 | | shall include the following:
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9 | | "The purpose of this statement is to inform the public of |
10 | | the actual period
of time this defendant is likely to spend in |
11 | | prison as a result of this
sentence. The actual period of |
12 | | prison time served is determined by the
statutes of Illinois |
13 | | as applied to this sentence by the Illinois Department of
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14 | | Corrections and
the Illinois Prisoner Review Board. In this |
15 | | case, assuming the defendant
receives all of his or her |
16 | | sentence credit, the period of estimated actual
custody is ... |
17 | | years and ... months, less up to 180 days additional earned |
18 | | sentence credit. If the defendant, because of his or
her own |
19 | | misconduct or failure to comply with the institutional |
20 | | regulations,
does not receive those credits, the actual time |
21 | | served in prison will be
longer. The defendant may also |
22 | | receive an additional one-half day sentence
credit for each |
23 | | day of participation in vocational, industry, substance abuse,
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24 | | and educational programs as provided for by Illinois statute."
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25 | | When the sentence is imposed for one of the offenses |
26 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
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1 | | first degree murder, and the offense was
committed on or after |
2 | | June 19, 1998, and when the sentence is imposed for
reckless |
3 | | homicide as defined in subsection (e) of Section 9-3 of the |
4 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the |
5 | | offense was committed on or after January 1, 1999,
and when the |
6 | | sentence is imposed for aggravated driving under the influence
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7 | | of alcohol, other drug or drugs, or intoxicating compound or |
8 | | compounds, or
any combination thereof as defined in |
9 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section |
10 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is |
11 | | imposed for aggravated arson if the offense was committed
on |
12 | | or after July 27, 2001 (the effective date of Public Act |
13 | | 92-176), and when
the sentence is imposed for aggravated |
14 | | driving under the influence of alcohol,
other drug or drugs, |
15 | | or intoxicating compound or compounds, or any combination
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16 | | thereof as defined in subparagraph (C) of paragraph (1) of |
17 | | subsection (d) of
Section 11-501 of the Illinois Vehicle Code |
18 | | committed on or after January 1, 2011 (the effective date of |
19 | | Public Act 96-1230), the judge's
statement, to be given after |
20 | | pronouncing the sentence, shall include the
following:
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21 | | "The purpose of this statement is to inform the public of |
22 | | the actual period
of time this defendant is likely to spend in |
23 | | prison as a result of this
sentence. The actual period of |
24 | | prison time served is determined by the
statutes of Illinois |
25 | | as applied to this sentence by the Illinois Department of
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26 | | Corrections and
the Illinois Prisoner Review Board. In this |
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1 | | case,
the defendant is entitled to no more than 4 1/2 days of |
2 | | sentence credit for
each month of his or her sentence of |
3 | | imprisonment. Therefore, this defendant
will serve at least |
4 | | 85% of his or her sentence. Assuming the defendant
receives 4 |
5 | | 1/2 days credit for each month of his or her sentence, the |
6 | | period
of estimated actual custody is ... years and ... |
7 | | months. If the defendant,
because of his or her own misconduct |
8 | | or failure to comply with the
institutional regulations |
9 | | receives lesser credit, the actual time served in
prison will |
10 | | be longer."
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11 | | When a sentence of imprisonment is imposed for first |
12 | | degree murder and
the offense was committed on or after June |
13 | | 19, 1998, the judge's statement,
to be given after pronouncing |
14 | | the sentence, shall include the following:
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15 | | "The purpose of this statement is to inform the public of |
16 | | the actual period
of time this defendant is likely to spend in |
17 | | 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, the
defendant is not entitled to sentence credit. |
22 | | Therefore, this defendant
will serve 100% of his or her |
23 | | sentence."
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24 | | When the sentencing order recommends placement in a |
25 | | substance abuse program for any offense that results in |
26 | | incarceration
in a Department of Corrections facility and the |
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1 | | crime was
committed on or after September 1, 2003 (the |
2 | | effective date of Public Act
93-354), the judge's
statement, |
3 | | in addition to any other judge's statement required under this
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4 | | Section, to be given after pronouncing the sentence, shall |
5 | | include the
following:
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6 | | "The purpose of this statement is to inform the public of
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7 | | the actual period of time this defendant is likely to spend in
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8 | | prison as a result of this sentence. The actual period of
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9 | | prison time served is determined by the statutes of Illinois |
10 | | as
applied to this sentence by the Illinois Department of
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11 | | Corrections and the Illinois Prisoner Review Board. In this
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12 | | case, the defendant shall receive no earned sentence credit |
13 | | under clause (3) of subsection (a) of Section 3-6-3 until he or
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14 | | she participates in and completes a substance abuse treatment |
15 | | program or receives a waiver from the Director of Corrections |
16 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
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17 | | (c-4) Before the sentencing hearing and as part of the |
18 | | presentence investigation under Section 5-3-1, the court shall |
19 | | inquire of the defendant whether the defendant is currently |
20 | | serving in or is a veteran of the Armed Forces of the United |
21 | | States.
If the defendant is currently serving in the Armed |
22 | | Forces of the United States or is a veteran of the Armed Forces |
23 | | of the United States and has been diagnosed as having a mental |
24 | | illness by a qualified psychiatrist or clinical psychologist |
25 | | or physician, the court may: |
26 | | (1) order that the officer preparing the presentence |
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1 | | report consult with the United States Department of |
2 | | Veterans Affairs, Illinois Department of Veterans' |
3 | | Affairs, or another agency or person with suitable |
4 | | knowledge or experience for the purpose of providing the |
5 | | court with information regarding treatment options |
6 | | available to the defendant, including federal, State, and |
7 | | local programming; and |
8 | | (2) consider the treatment recommendations of any |
9 | | diagnosing or treating mental health professionals |
10 | | together with the treatment options available to the |
11 | | defendant in imposing sentence. |
12 | | For the purposes of this subsection (c-4), "qualified |
13 | | psychiatrist" means a reputable physician licensed in Illinois |
14 | | to practice medicine in all its branches, who has specialized |
15 | | in the diagnosis and treatment of mental and nervous disorders |
16 | | for a period of not less than 5 years. |
17 | | (c-6) In imposing a sentence, the trial judge shall |
18 | | specify, on the record, the particular evidence and other |
19 | | reasons which led to his or her determination that a motor |
20 | | vehicle was used in the commission of the offense. |
21 | | (c-7) In imposing a sentence for a Class 3 or 4 felony, |
22 | | other than a violent crime as defined in Section 3 of the |
23 | | Rights of Crime Victims and Witnesses Act, the court shall |
24 | | determine and indicate in the sentencing order whether the |
25 | | defendant has 4 or more or fewer than 4 months remaining on his |
26 | | or her sentence accounting for time served. |
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1 | | (d) When the defendant is committed to the Department of
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2 | | Corrections, the State's Attorney shall and counsel for the |
3 | | defendant
may file a statement with the clerk of the court to |
4 | | be transmitted to
the department, agency or institution to |
5 | | which the defendant is
committed to furnish such department, |
6 | | agency or institution with the
facts and circumstances of the |
7 | | offense for which the person was
committed together with all |
8 | | other factual information accessible to them
in regard to the |
9 | | person prior to his commitment relative to his habits,
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10 | | associates, disposition and reputation and any other facts and
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11 | | circumstances which may aid such department, agency or |
12 | | institution
during its custody of such person. The clerk shall |
13 | | within 10 days after
receiving any such statements transmit a |
14 | | copy to such department, agency
or institution and a copy to |
15 | | the other party, provided, however, that
this shall not be |
16 | | cause for delay in conveying the person to the
department, |
17 | | agency or institution to which he has been committed.
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18 | | (e) The clerk of the court shall transmit to the |
19 | | department,
agency or institution, if any, to which the |
20 | | defendant is committed, the
following:
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21 | | (1) the sentence imposed;
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22 | | (2) any statement by the court of the basis for |
23 | | imposing the sentence;
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24 | | (3) any presentence reports;
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25 | | (3.5) any sex offender evaluations;
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26 | | (3.6) any substance abuse treatment eligibility |
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1 | | screening and assessment of the defendant by an agent |
2 | | designated by the State of Illinois to provide assessment |
3 | | services for the Illinois courts;
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4 | | (4) the number of days, if any, which the defendant |
5 | | has been in
custody and for which he is entitled to credit |
6 | | against the sentence,
which information shall be provided |
7 | | to the clerk by the sheriff;
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8 | | (4.1) any finding of great bodily harm made by the |
9 | | court with respect
to an offense enumerated in subsection |
10 | | (c-1);
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11 | | (5) all statements filed under subsection (d) of this |
12 | | Section;
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13 | | (6) any medical or mental health records or summaries |
14 | | of the defendant;
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15 | | (7) the municipality where the arrest of the offender |
16 | | or the commission
of the offense has occurred, where such |
17 | | municipality has a population of
more than 25,000 persons;
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18 | | (8) all statements made and evidence offered under |
19 | | paragraph (7) of
subsection (a) of this Section; and
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20 | | (9) all additional matters which the court directs the |
21 | | clerk to
transmit.
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22 | | (f) In cases in which the court finds that a motor vehicle |
23 | | was used in the commission of the offense for which the |
24 | | defendant is being sentenced, the clerk of the court shall, |
25 | | within 5 days thereafter, forward a report of such conviction |
26 | | to the Secretary of State. |
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1 | | (Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; |
2 | | 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, |
3 | | Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
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4 | | (730 ILCS 5/5-5-3)
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5 | | Sec. 5-5-3. Disposition.
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6 | | (a) (Blank).
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7 | | (b) (Blank).
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8 | | (c) (1) (Blank).
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9 | | (2) A period of probation, a term of periodic imprisonment |
10 | | or
conditional discharge shall not be imposed for the |
11 | | following offenses.
The court shall sentence the offender to |
12 | | not less than the minimum term
of imprisonment set forth in |
13 | | this Code for the following offenses, and
may order a fine or |
14 | | restitution or both in conjunction with such term of
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15 | | imprisonment:
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16 | | (A) First degree murder where the death penalty is not |
17 | | imposed.
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18 | | (B) Attempted first degree murder.
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19 | | (C) A Class X felony.
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20 | | (D) Except in cases where the offender is under the |
21 | | age of 26 at the time of the offense, a A violation of |
22 | | Section 401.1 or 407 of the
Illinois Controlled Substances |
23 | | Act, or a violation of subdivision (c)(1.5) of
Section 401 |
24 | | of that Act which relates to more than 5 grams of a |
25 | | substance
containing fentanyl or an analog thereof.
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1 | | (D-5) Except in cases where the offender is under the |
2 | | age of 26 at the time of the offense, a A violation of |
3 | | subdivision (c)(1) of
Section 401 of the Illinois |
4 | | Controlled Substances Act which relates to 3 or more grams |
5 | | of a substance
containing heroin or an analog thereof. |
6 | | (E) (Blank).
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7 | | (F) A Class 1 or greater felony if the offender had |
8 | | been convicted
of a Class 1 or greater felony, including |
9 | | any state or federal conviction for an offense that |
10 | | contained, at the time it was committed, the same elements |
11 | | as an offense now (the date of the offense committed after |
12 | | the prior Class 1 or greater felony) classified as a Class |
13 | | 1 or greater felony, within 10 years of the date on which |
14 | | the
offender
committed the offense for which he or she is |
15 | | being sentenced, except as
otherwise provided in Section |
16 | | 40-10 of the Substance Use Disorder Act.
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17 | | (F-3) A Class 2 or greater felony sex offense or |
18 | | felony firearm offense if the offender had been convicted |
19 | | of a Class 2 or greater felony, including any state or |
20 | | federal conviction for an offense that contained, at the |
21 | | time it was committed, the same elements as an offense now |
22 | | (the date of the offense committed after the prior Class 2 |
23 | | or greater felony) classified as a Class 2 or greater |
24 | | felony, within 10 years of the date on which the offender |
25 | | committed the offense for which he or she is being |
26 | | sentenced, except as otherwise provided in Section 40-10 |
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1 | | of the Substance Use Disorder Act. |
2 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
3 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
4 | | for which imprisonment is prescribed in those Sections. |
5 | | (G) Except in cases where the offender is under the |
6 | | age of 26 at the time of the offense, residential |
7 | | Residential burglary, except as otherwise provided in |
8 | | Section 40-10
of the Substance Use Disorder Act.
|
9 | | (H) Criminal sexual assault.
|
10 | | (I) Aggravated battery of a senior citizen as |
11 | | described in Section 12-4.6 or subdivision (a)(4) of |
12 | | Section 12-3.05 of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012.
|
14 | | (J) A forcible felony if the offense was related to |
15 | | the activities of an
organized gang.
|
16 | | Before July 1, 1994, for the purposes of this |
17 | | paragraph, "organized
gang" means an association of 5 or |
18 | | more persons, with an established hierarchy,
that |
19 | | encourages members of the association to perpetrate crimes |
20 | | or provides
support to the members of the association who |
21 | | do commit crimes.
|
22 | | Beginning July 1, 1994, for the purposes of this |
23 | | paragraph,
"organized gang" has the meaning ascribed to it |
24 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
25 | | Prevention Act.
|
26 | | (K) Vehicular hijacking.
|
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1 | | (L) A second or subsequent conviction for the offense |
2 | | of hate crime
when the underlying offense upon which the |
3 | | hate crime is based is felony
aggravated
assault or felony |
4 | | mob action.
|
5 | | (M) A second or subsequent conviction for the offense |
6 | | of institutional
vandalism if the damage to the property |
7 | | exceeds $300.
|
8 | | (N) Except in cases where the offender is under the |
9 | | age of 26 at the time of the offense, a A Class 3 felony |
10 | | violation of paragraph (1) of subsection (a) of
Section 2 |
11 | | of the Firearm Owners Identification Card Act.
|
12 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
13 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
14 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
15 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
16 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
17 | | (P-5) A violation of paragraph (6) of subsection (a) |
18 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
|
19 | | Criminal Code of 2012 if the victim is a household or
|
20 | | family member of the defendant. |
21 | | (Q) A violation of subsection (b) or (b-5) of Section |
22 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
23 | | Code of
1961 or the Criminal Code of 2012.
|
24 | | (R) A violation of Section 24-3A of the Criminal Code |
25 | | of
1961 or the Criminal Code of 2012.
|
26 | | (S) (Blank).
|
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1 | | (T) (Blank).
|
2 | | (U) A second or subsequent violation of Section 6-303 |
3 | | of the Illinois Vehicle Code committed while his or her |
4 | | driver's license, permit, or privilege was revoked because |
5 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
6 | | or the Criminal Code of 2012, relating to the offense of |
7 | | reckless homicide, or a similar provision of a law of |
8 | | another state.
|
9 | | (V)
A violation of paragraph (4) of subsection (c) of |
10 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
11 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
12 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
13 | | Code of 2012 when the victim is under 13 years of age and |
14 | | the defendant has previously been convicted under the laws |
15 | | of this State or any other state of the offense of child |
16 | | pornography, aggravated child pornography, aggravated |
17 | | criminal sexual abuse, aggravated criminal sexual assault, |
18 | | predatory criminal sexual assault of a child, or any of |
19 | | the offenses formerly known as rape, deviate sexual |
20 | | assault, indecent liberties with a child, or aggravated |
21 | | indecent liberties with a child where the victim was under |
22 | | the age of 18 years or an offense that is substantially |
23 | | equivalent to those offenses. |
24 | | (W) A violation of Section 24-3.5 of the Criminal Code |
25 | | of 1961 or the Criminal Code of 2012.
|
26 | | (X) A violation of subsection (a) of Section 31-1a of |
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1 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
2 | | (Y) A conviction for unlawful possession of a firearm |
3 | | by a street gang member when the firearm was loaded or |
4 | | contained firearm ammunition. |
5 | | (Z) Except in cases where the offender is under the |
6 | | age of 26 at the time of the offense, a A Class 1 felony |
7 | | committed while he or she was serving a term of probation |
8 | | or conditional discharge for a felony. |
9 | | (AA) Theft of property exceeding $500,000 and not |
10 | | exceeding $1,000,000 in value. |
11 | | (BB) Laundering of criminally derived property of a |
12 | | value exceeding
$500,000. |
13 | | (CC) Knowingly selling, offering for sale, holding for |
14 | | sale, or using 2,000 or more counterfeit items or |
15 | | counterfeit items having a retail value in the aggregate |
16 | | of $500,000 or more. |
17 | | (DD) A conviction for aggravated assault under |
18 | | paragraph (6) of subsection (c) of Section 12-2 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
20 | | firearm is aimed toward the person against whom the |
21 | | firearm is being used. |
22 | | (EE) A conviction for a violation of paragraph (2) of |
23 | | subsection (a) of Section 24-3B of the Criminal Code of |
24 | | 2012. |
25 | | (3) (Blank).
|
26 | | (4) A minimum term of imprisonment of not less than 10
|
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1 | | consecutive days or 30 days of community service shall be |
2 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
3 | | the Illinois Vehicle Code.
|
4 | | (4.1) (Blank).
|
5 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
6 | | this subsection (c), a
minimum of
100 hours of community |
7 | | service shall be imposed for a second violation of
Section |
8 | | 6-303
of the Illinois Vehicle Code.
|
9 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
10 | | hours of community
service, as determined by the court, shall
|
11 | | be imposed for a second violation of subsection (c) of Section |
12 | | 6-303 of the
Illinois Vehicle Code.
|
13 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
14 | | (4.9) of this
subsection (c), a
minimum term of imprisonment |
15 | | of 30 days or 300 hours of community service, as
determined by |
16 | | the court, shall
be imposed
for a third or subsequent |
17 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
18 | | court may give credit toward the fulfillment of community |
19 | | service hours for participation in activities and treatment as |
20 | | determined by court services.
|
21 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
22 | | imposed for a third violation of subsection (c) of
Section |
23 | | 6-303 of the Illinois Vehicle Code.
|
24 | | (4.6) Except as provided in paragraph (4.10) of this |
25 | | subsection (c), a minimum term of imprisonment of 180 days |
26 | | shall be imposed for a
fourth or subsequent violation of |
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1 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
2 | | (4.7) A minimum term of imprisonment of not less than 30 |
3 | | consecutive days, or 300 hours of community service, shall be |
4 | | imposed for a violation of subsection (a-5) of Section 6-303 |
5 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
6 | | of that Section.
|
7 | | (4.8) A mandatory prison sentence shall be imposed for a |
8 | | second violation of subsection (a-5) of Section 6-303 of the |
9 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
10 | | Section. The person's driving privileges shall be revoked for |
11 | | a period of not less than 5 years from the date of his or her |
12 | | release from prison.
|
13 | | (4.9) A mandatory prison sentence of not less than 4 and |
14 | | not more than 15 years shall be imposed for a third violation |
15 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
16 | | Code, as provided in subsection (d-2.5) of that Section. The |
17 | | person's driving privileges shall be revoked for the remainder |
18 | | of his or her life.
|
19 | | (4.10) A mandatory prison sentence for a Class 1 felony |
20 | | shall be imposed, and the person shall be eligible for an |
21 | | extended term sentence, for a fourth or subsequent violation |
22 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
23 | | Code, as provided in subsection (d-3.5) of that Section. The |
24 | | person's driving privileges shall be revoked for the remainder |
25 | | of his or her life.
|
26 | | (5) The court may sentence a corporation or unincorporated
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1 | | association convicted of any offense to:
|
2 | | (A) a period of conditional discharge;
|
3 | | (B) a fine;
|
4 | | (C) make restitution to the victim under Section 5-5-6 |
5 | | of this Code.
|
6 | | (5.1) In addition to any other penalties imposed, and |
7 | | except as provided in paragraph (5.2) or (5.3), a person
|
8 | | convicted of violating subsection (c) of Section 11-907 of the |
9 | | Illinois
Vehicle Code shall have his or her driver's license, |
10 | | permit, or privileges
suspended for at least 90 days but not |
11 | | more than one year, if the violation
resulted in damage to the |
12 | | property of another person.
|
13 | | (5.2) In addition to any other penalties imposed, and |
14 | | except as provided in paragraph (5.3), a person convicted
of |
15 | | violating subsection (c) of Section 11-907 of the Illinois |
16 | | Vehicle Code
shall have his or her driver's license, permit, |
17 | | or privileges suspended for at
least 180 days but not more than |
18 | | 2 years, if the violation resulted in injury
to
another |
19 | | person.
|
20 | | (5.3) In addition to any other penalties imposed, a person |
21 | | convicted of violating subsection (c) of Section
11-907 of the |
22 | | Illinois Vehicle Code shall have his or her driver's license,
|
23 | | permit, or privileges suspended for 2 years, if the violation |
24 | | resulted in the
death of another person.
|
25 | | (5.4) In addition to any other penalties imposed, a person |
26 | | convicted of violating Section 3-707 of the Illinois Vehicle |
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1 | | Code shall have his or her driver's license, permit, or |
2 | | privileges suspended for 3 months and until he or she has paid |
3 | | a reinstatement fee of $100. |
4 | | (5.5) In addition to any other penalties imposed, a person |
5 | | convicted of violating Section 3-707 of the Illinois Vehicle |
6 | | Code during a period in which his or her driver's license, |
7 | | permit, or privileges were suspended for a previous violation |
8 | | of that Section shall have his or her driver's license, |
9 | | permit, or privileges suspended for an additional 6 months |
10 | | after the expiration of the original 3-month suspension and |
11 | | until he or she has paid a reinstatement fee of $100.
|
12 | | (6) (Blank).
|
13 | | (7) (Blank).
|
14 | | (8) (Blank).
|
15 | | (9) A defendant convicted of a second or subsequent |
16 | | offense of ritualized
abuse of a child may be sentenced to a |
17 | | term of natural life imprisonment.
|
18 | | (10) (Blank).
|
19 | | (11) The court shall impose a minimum fine of $1,000 for a |
20 | | first offense
and $2,000 for a second or subsequent offense |
21 | | upon a person convicted of or
placed on supervision for |
22 | | battery when the individual harmed was a sports
official or |
23 | | coach at any level of competition and the act causing harm to |
24 | | the
sports
official or coach occurred within an athletic |
25 | | facility or within the immediate vicinity
of the athletic |
26 | | facility at which the sports official or coach was an active
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1 | | participant
of the athletic contest held at the athletic |
2 | | facility. For the purposes of
this paragraph (11), "sports |
3 | | official" means a person at an athletic contest
who enforces |
4 | | the rules of the contest, such as an umpire or referee; |
5 | | "athletic facility" means an indoor or outdoor playing field |
6 | | or recreational area where sports activities are conducted;
|
7 | | and "coach" means a person recognized as a coach by the |
8 | | sanctioning
authority that conducted the sporting event. |
9 | | (12) A person may not receive a disposition of court |
10 | | supervision for a
violation of Section 5-16 of the Boat |
11 | | Registration and Safety Act if that
person has previously |
12 | | received a disposition of court supervision for a
violation of |
13 | | that Section.
|
14 | | (13) A person convicted of or placed on court supervision |
15 | | for an assault or aggravated assault when the victim and the |
16 | | offender are family or household members as defined in Section |
17 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
18 | | of domestic battery or aggravated domestic battery may be |
19 | | required to attend a Partner Abuse Intervention Program under |
20 | | protocols set forth by the Illinois Department of Human |
21 | | Services under such terms and conditions imposed by the court. |
22 | | The costs of such classes shall be paid by the offender.
|
23 | | (d) In any case in which a sentence originally imposed is |
24 | | vacated,
the case shall be remanded to the trial court. The |
25 | | trial court shall
hold a hearing under Section 5-4-1 of this |
26 | | Code
which may include evidence of the defendant's life, moral |
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1 | | character and
occupation during the time since the original |
2 | | sentence was passed. The
trial court shall then impose |
3 | | sentence upon the defendant. The trial
court may impose any |
4 | | sentence which could have been imposed at the
original trial |
5 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
6 | | on appeal or on collateral attack due to the
failure of the |
7 | | trier of fact at trial to determine beyond a reasonable doubt
|
8 | | the
existence of a fact (other than a prior conviction) |
9 | | necessary to increase the
punishment for the offense beyond |
10 | | the statutory maximum otherwise applicable,
either the |
11 | | defendant may be re-sentenced to a term within the range |
12 | | otherwise
provided or, if the State files notice of its |
13 | | intention to again seek the
extended sentence, the defendant |
14 | | shall be afforded a new trial.
|
15 | | (e) In cases where prosecution for
aggravated criminal |
16 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
17 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
18 | | of a defendant
who was a family member of the victim at the |
19 | | time of the commission of the
offense, the court shall |
20 | | consider the safety and welfare of the victim and
may impose a |
21 | | sentence of probation only where:
|
22 | | (1) the court finds (A) or (B) or both are |
23 | | appropriate:
|
24 | | (A) the defendant is willing to undergo a court |
25 | | approved counseling
program for a minimum duration of |
26 | | 2 years; or
|
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1 | | (B) the defendant is willing to participate in a |
2 | | court approved plan,
including, but not limited to, |
3 | | the defendant's:
|
4 | | (i) removal from the household;
|
5 | | (ii) restricted contact with the victim;
|
6 | | (iii) continued financial support of the |
7 | | family;
|
8 | | (iv) restitution for harm done to the victim; |
9 | | and
|
10 | | (v) compliance with any other measures that |
11 | | the court may
deem appropriate; and
|
12 | | (2) the court orders the defendant to pay for the |
13 | | victim's counseling
services, to the extent that the court |
14 | | finds, after considering the
defendant's income and |
15 | | assets, that the defendant is financially capable of
|
16 | | paying for such services, if the victim was under 18 years |
17 | | of age at the
time the offense was committed and requires |
18 | | counseling as a result of the
offense.
|
19 | | Probation may be revoked or modified pursuant to Section |
20 | | 5-6-4; except
where the court determines at the hearing that |
21 | | the defendant violated a
condition of his or her probation |
22 | | restricting contact with the victim or
other family members or |
23 | | commits another offense with the victim or other
family |
24 | | members, the court shall revoke the defendant's probation and
|
25 | | impose a term of imprisonment.
|
26 | | For the purposes of this Section, "family member" and |
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1 | | "victim" shall have
the meanings ascribed to them in Section |
2 | | 11-0.1 of the Criminal Code of
2012.
|
3 | | (f) (Blank).
|
4 | | (g) Whenever a defendant is convicted of an offense under |
5 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
6 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
7 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
8 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
9 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012,
the defendant shall undergo medical |
11 | | testing to
determine whether the defendant has any sexually |
12 | | transmissible disease,
including a test for infection with |
13 | | human immunodeficiency virus (HIV) or
any other identified |
14 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
15 | | Any such medical test shall be performed only by appropriately
|
16 | | licensed medical practitioners and may include an analysis of |
17 | | any bodily
fluids as well as an examination of the defendant's |
18 | | person.
Except as otherwise provided by law, the results of |
19 | | such test shall be kept
strictly confidential by all medical |
20 | | personnel involved in the testing and must
be personally |
21 | | delivered in a sealed envelope to the judge of the court in |
22 | | which
the conviction was entered for the judge's inspection in |
23 | | camera. Acting in
accordance with the best interests of the |
24 | | victim and the public, the judge
shall have the discretion to |
25 | | determine to whom, if anyone, the results of the
testing may be |
26 | | revealed. The court shall notify the defendant
of the test |
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1 | | results. The court shall
also notify the victim if requested |
2 | | by the victim, and if the victim is under
the age of 15 and if |
3 | | requested by the victim's parents or legal guardian, the
court |
4 | | shall notify the victim's parents or legal guardian of the |
5 | | test
results.
The court shall provide information on the |
6 | | availability of HIV testing
and counseling at Department of |
7 | | Public Health facilities to all parties to
whom the results of |
8 | | the testing are revealed and shall direct the State's
Attorney |
9 | | to provide the information to the victim when possible.
The |
10 | | court shall order that the cost of any such test
shall be paid |
11 | | by the county and may be taxed as costs against the convicted
|
12 | | defendant.
|
13 | | (g-5) When an inmate is tested for an airborne |
14 | | communicable disease, as
determined by the Illinois Department |
15 | | of Public Health, including, but not
limited to, tuberculosis, |
16 | | the results of the test shall be
personally delivered by the |
17 | | warden or his or her designee in a sealed envelope
to the judge |
18 | | of the court in which the inmate must appear for the judge's
|
19 | | inspection in camera if requested by the judge. Acting in |
20 | | accordance with the
best interests of those in the courtroom, |
21 | | the judge shall have the discretion
to determine what if any |
22 | | precautions need to be taken to prevent transmission
of the |
23 | | disease in the courtroom.
|
24 | | (h) Whenever a defendant is convicted of an offense under |
25 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
26 | | defendant shall undergo
medical testing to determine whether |
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1 | | the defendant has been exposed to human
immunodeficiency virus |
2 | | (HIV) or any other identified causative agent of
acquired |
3 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
4 | | by
law, the results of such test shall be kept strictly |
5 | | confidential by all
medical personnel involved in the testing |
6 | | and must be personally delivered in a
sealed envelope to the |
7 | | judge of the court in which the conviction was entered
for the |
8 | | judge's inspection in camera. Acting in accordance with the |
9 | | best
interests of the public, the judge shall have the |
10 | | discretion to determine to
whom, if anyone, the results of the |
11 | | testing may be revealed. The court shall
notify the defendant |
12 | | of a positive test showing an infection with the human
|
13 | | immunodeficiency virus (HIV). The court shall provide |
14 | | information on the
availability of HIV testing and counseling |
15 | | at Department of Public Health
facilities to all parties to |
16 | | whom the results of the testing are revealed and
shall direct |
17 | | the State's Attorney to provide the information to the victim |
18 | | when
possible. The court shall order that the cost of any
such |
19 | | test shall be paid by the county and may be taxed as costs |
20 | | against the
convicted defendant.
|
21 | | (i) All fines and penalties imposed under this Section for |
22 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
23 | | Vehicle Code, or a similar
provision of a local ordinance, and |
24 | | any violation
of the Child Passenger Protection Act, or a |
25 | | similar provision of a local
ordinance, shall be collected and |
26 | | disbursed by the circuit
clerk as provided under the Criminal |
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1 | | and Traffic Assessment Act.
|
2 | | (j) In cases when prosecution for any violation of Section |
3 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
4 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
5 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
6 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
7 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, any violation of the Illinois Controlled |
9 | | Substances Act,
any violation of the Cannabis Control Act, or |
10 | | any violation of the Methamphetamine Control and Community |
11 | | Protection Act results in conviction, a
disposition of court |
12 | | supervision, or an order of probation granted under
Section 10 |
13 | | of the Cannabis Control Act, Section 410 of the Illinois
|
14 | | Controlled Substances Act, or Section 70 of the |
15 | | Methamphetamine Control and Community Protection Act of a |
16 | | defendant, the court shall determine whether the
defendant is |
17 | | employed by a facility or center as defined under the Child |
18 | | Care
Act of 1969, a public or private elementary or secondary |
19 | | school, or otherwise
works with children under 18 years of age |
20 | | on a daily basis. When a defendant
is so employed, the court |
21 | | shall order the Clerk of the Court to send a copy of
the |
22 | | judgment of conviction or order of supervision or probation to |
23 | | the
defendant's employer by certified mail.
If the employer of |
24 | | the defendant is a school, the Clerk of the Court shall
direct |
25 | | the mailing of a copy of the judgment of conviction or order of
|
26 | | supervision or probation to the appropriate regional |
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1 | | superintendent of schools.
The regional superintendent of |
2 | | schools shall notify the State Board of
Education of any |
3 | | notification under this subsection.
|
4 | | (j-5) A defendant at least 17 years of age who is convicted |
5 | | of a felony and
who has not been previously convicted of a |
6 | | misdemeanor or felony and who is
sentenced to a term of |
7 | | imprisonment in the Illinois Department of Corrections
shall |
8 | | as a condition of his or her sentence be required by the court |
9 | | to attend
educational courses designed to prepare the |
10 | | defendant for a high school diploma
and to work toward a high |
11 | | school diploma or to work toward passing high school |
12 | | equivalency testing or to work toward
completing a vocational |
13 | | training program offered by the Department of
Corrections. If |
14 | | a defendant fails to complete the educational training
|
15 | | required by his or her sentence during the term of |
16 | | incarceration, the Prisoner
Review Board shall, as a condition |
17 | | of mandatory supervised release, require the
defendant, at his |
18 | | or her own expense, to pursue a course of study toward a high
|
19 | | school diploma or passage of high school equivalency testing. |
20 | | The Prisoner Review Board shall
revoke the mandatory |
21 | | supervised release of a defendant who wilfully fails to
comply |
22 | | with this subsection (j-5) upon his or her release from |
23 | | confinement in a
penal institution while serving a mandatory |
24 | | supervised release term; however,
the inability of the |
25 | | defendant after making a good faith effort to obtain
financial |
26 | | aid or pay for the educational training shall not be deemed a |
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1 | | wilful
failure to comply. The Prisoner Review Board shall |
2 | | recommit the defendant
whose mandatory supervised release term |
3 | | has been revoked under this subsection
(j-5) as provided in |
4 | | Section 3-3-9. This subsection (j-5) does not apply to a
|
5 | | defendant who has a high school diploma or has successfully |
6 | | passed high school equivalency testing. This subsection (j-5) |
7 | | does not apply to a defendant who is determined by
the court to |
8 | | be a person with a developmental disability or otherwise |
9 | | mentally incapable of
completing the educational or vocational |
10 | | program.
|
11 | | (k) (Blank).
|
12 | | (l) (A) Except as provided
in paragraph (C) of subsection |
13 | | (l), whenever a defendant,
who is not a citizen or national of |
14 | | the United States, is convicted
of any felony or misdemeanor |
15 | | offense, the court after sentencing the defendant
may, upon |
16 | | motion of the State's Attorney, hold sentence in abeyance and |
17 | | remand
the defendant to the custody of the Attorney General of
|
18 | | the United States or his or her designated agent to be deported |
19 | | when:
|
20 | | (1) a final order of deportation has been issued |
21 | | against the defendant
pursuant to proceedings under the |
22 | | Immigration and Nationality Act, and
|
23 | | (2) the deportation of the defendant would not |
24 | | deprecate the seriousness
of the defendant's conduct and |
25 | | would not be inconsistent with the ends of
justice.
|
26 | | Otherwise, the defendant shall be sentenced as provided in |
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1 | | this Chapter V.
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2 | | (B) If the defendant has already been sentenced for a |
3 | | felony or
misdemeanor
offense, or has been placed on probation |
4 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
5 | | the Illinois Controlled Substances Act, or Section 70 of the |
6 | | Methamphetamine Control and Community Protection Act, the |
7 | | court
may, upon motion of the State's Attorney to suspend the
|
8 | | sentence imposed, commit the defendant to the custody of the |
9 | | Attorney General
of the United States or his or her designated |
10 | | agent when:
|
11 | | (1) a final order of deportation has been issued |
12 | | against the defendant
pursuant to proceedings under the |
13 | | Immigration and Nationality Act, and
|
14 | | (2) the deportation of the defendant would not |
15 | | deprecate the seriousness
of the defendant's conduct and |
16 | | would not be inconsistent with the ends of
justice.
|
17 | | (C) This subsection (l) does not apply to offenders who |
18 | | are subject to the
provisions of paragraph (2) of subsection |
19 | | (a) of Section 3-6-3.
|
20 | | (D) Upon motion of the State's Attorney, if a defendant |
21 | | sentenced under
this Section returns to the jurisdiction of |
22 | | the United States, the defendant
shall be recommitted to the |
23 | | custody of the county from which he or she was
sentenced.
|
24 | | Thereafter, the defendant shall be brought before the |
25 | | sentencing court, which
may impose any sentence that was |
26 | | available under Section 5-5-3 at the time of
initial |
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1 | | sentencing. In addition, the defendant shall not be eligible |
2 | | for
additional earned sentence credit as provided under
|
3 | | Section 3-6-3.
|
4 | | (m) A person convicted of criminal defacement of property |
5 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012, in which the property damage exceeds |
7 | | $300
and the property damaged is a school building, shall be |
8 | | ordered to perform
community service that may include cleanup, |
9 | | removal, or painting over the
defacement.
|
10 | | (n) The court may sentence a person convicted of a |
11 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
12 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
13 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
14 | | incarceration program if the person is otherwise eligible for |
15 | | that program
under Section 5-8-1.1, (ii) to community service, |
16 | | or (iii) if the person has a substance use disorder, as defined
|
17 | | in the Substance Use Disorder Act, to a treatment program
|
18 | | licensed under that Act. |
19 | | (o) Whenever a person is convicted of a sex offense as |
20 | | defined in Section 2 of the Sex Offender Registration Act, the |
21 | | defendant's driver's license or permit shall be subject to |
22 | | renewal on an annual basis in accordance with the provisions |
23 | | of license renewal established by the Secretary of State.
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24 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; |
25 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. |
26 | | 5-27-22.)
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