Bill Text: IL SB1342 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Department of Juvenile Justice Mortality Review Team Act. Provides that each mortality review team shall consist of at least one member who is a representative of a bar association, law school, or legal academic organization.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2014-12-30 - Public Act . . . . . . . . . 98-1142 [SB1342 Detail]

Download: Illinois-2013-SB1342-Amended.html

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Rep. Michael J. Zalewski

Filed: 11/4/2013

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AMENDMENT TO SENATE BILL 1342
AMENDMENT NO. ______. Amend Senate Bill 1342 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Sections 24-1.1, 24-1.6, and 24-1.8 as follows:
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful Use or Possession of Weapons by
Felons or Persons in the Custody of the Department of
Corrections Facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the

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Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 3 2 years
and no more than 10 years and any second or subsequent
violation shall be a Class 2 felony for which the person shall
be sentenced to a term of imprisonment of not less than 4 3
years and not more than 14 years. Violation of this Section by
a person not confined in a penal institution who has been
convicted of a forcible felony, a felony violation of Article
24 of this Code or of the Firearm Owners Identification Card
Act, stalking or aggravated stalking, or a Class 2 or greater
felony under the Illinois Controlled Substances Act, the

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Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act is a Class 2 felony for which the
person shall be sentenced to not less than 4 3 years and not
more than 14 years. Violation of this Section by a person who
is on parole or mandatory supervised release is a Class 2
felony for which the person shall be sentenced to not less than
4 3 years and not more than 14 years. Violation of this Section
by a person not confined in a penal institution is a Class X
felony when the firearm possessed is a machine gun. Any person
who violates this Section while confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, is guilty of a Class 1 felony, if he possesses any
weapon prohibited under Section 24-1 of this Code regardless of
the intent with which he possesses it, a Class X felony if he
possesses any firearm, firearm ammunition or explosive, and a
Class X felony for which the offender shall be sentenced to not
less than 12 years and not more than 50 years when the firearm
possessed is a machine gun. A violation of this Section while
wearing or in possession of body armor as defined in Section
33F-1 is a Class X felony punishable by a term of imprisonment
of not less than 10 years and not more than 40 years. The
possession of each firearm or firearm ammunition in violation
of this Section constitutes a single and separate violation. A
sentence of county impact incarceration under Section 5-8-1.2
of the Unified Code of Corrections is not authorized for a
violation of this Section.

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(Source: P.A. 97-237, eff. 1-1-12.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or

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handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in

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a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had a order of
protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or

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(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 4 3 years and not more than
10 7 years.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) or both
items (B) and (C) or both items (B-5) and (C) of paragraph
(3) of subsection (a) are present is a Class 4 felony, for
which the person shall be sentenced to a term of
imprisonment of not less than one year and not more than 3
years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 4 3 years and not more than 10 7 years.
(4) Aggravated unlawful use of a weapon while wearing

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or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 98-63, eff. 7-9-13.)
(720 ILCS 5/24-1.8)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other lands,
except when inside his or her own abode or inside his or
her fixed place of business, and has not been issued a
currently valid Firearm Owner's Identification Card and is
a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently

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valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 2 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to no less than 4
3 years and no more than 10 years. A period of probation, a
term of periodic imprisonment or conditional discharge shall
not be imposed for the offense of unlawful possession of a
firearm by a street gang member when the firearm was loaded or
contained firearm ammunition and the court shall sentence the
offender to not less than the minimum term of imprisonment
authorized for the Class 2 felony. A sentence of county impact
incarceration under Section 5-8-1.2 of the Unified Code of
Corrections is not authorized for a violation of this Section.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-5-3, and 5-8-1.2 as follows:

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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Sentence Credit.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for awarding and revoking sentence
credit for persons committed to the Department which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may
be awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of
the Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) The rules and regulations on sentence credit shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the

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offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or with respect to the offense of
aggravated domestic battery committed on or after July 23,
2010 (the effective date of Public Act 96-1224) or with
respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date
of Public Act 97-990) or with respect to offenses listed in
clause (viii) committed on or after the effective date of
this amendatory Act of the 98th General Assembly, the
following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no sentence credit and shall
serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit terrorism, attempt to commit first degree
murder, solicitation of murder, solicitation of murder
for hire, intentional homicide of an unborn child,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual
assault, aggravated kidnapping, aggravated battery
with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section

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12-3.05, being an armed habitual criminal, aggravated
battery of a senior citizen as described in Section
12-4.6 or subdivision (a)(4) of Section 12-3.05, or
aggravated battery of a child as described in Section
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
receive no more than 4.5 days of sentence credit for
each month of his or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this
Code, that the conduct leading to conviction for the
enumerated offense resulted in great bodily harm to a
victim, shall receive no more than 4.5 days of sentence
credit for each month of his or her sentence of
imprisonment;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no
more than 4.5 days of sentence credit for each month of
his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled

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substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or a Class X felony conviction for delivery of
a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing,
aggravated participation in methamphetamine
manufacturing, delivery of methamphetamine, possession
with intent to deliver methamphetamine, aggravated
delivery of methamphetamine, aggravated possession
with intent to deliver methamphetamine,
methamphetamine conspiracy when the substance
containing the controlled substance or methamphetamine
is 100 grams or more shall receive no more than 7.5
days sentence credit for each month of his or her
sentence of imprisonment;
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall
receive no more than 4.5 days of sentence credit for
each month of his or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for

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aggravated domestic battery shall receive no more than
4.5 days of sentence credit for each month of his or
her sentence of imprisonment; and
(viii) that a prisoner serving a sentence for a
violation of Section 24-1.1, 24-1.6, or 24-1.8 of the
Criminal Code of 2012 shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) committed on or after July 23, 2010
(the effective date of Public Act 96-1224), and other than
the offense of 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 other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in

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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 rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall
receive one day of sentence credit for each day of his or
her sentence of imprisonment or recommitment under Section
3-3-9. Each day of sentence credit shall reduce by one day
the prisoner's period of imprisonment or recommitment
under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence 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, shall receive no more than 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) The rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the

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report of a firearm or aggravated discharge of a machine
gun or a firearm equipped with any device or attachment
designed or used for silencing the report of a firearm,
committed on or after July 15, 1999 (the effective date of
Public Act 91-121), that a prisoner serving a sentence for
any of these offenses shall receive no more than 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
(2.6) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence 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) shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional sentence

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credit for good conduct in specific instances as the
Director deems proper. The good conduct may include, but is
not limited to, compliance with the rules and regulations
of the Department, service to the Department, service to a
community, or service to the State. However, the Director
shall not award more than 90 days of sentence credit for
good conduct to any prisoner who is serving a sentence for
conviction of first degree murder, reckless homicide while
under the influence of alcohol or any other drug, or
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, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous battery
as described in Section 12-4.1 or subdivision (a)(2) of
Section 12-3.05, aggravated battery of a spouse,
aggravated battery of a spouse with a firearm, stalking,
aggravated stalking, aggravated battery of a child as
described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, endangering the life or health of a child,
or cruelty to a child. Notwithstanding the foregoing,

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sentence credit for good conduct shall not be awarded on a
sentence of imprisonment imposed for conviction of: (i) one
of the offenses enumerated in subdivision (a)(2)(i), (ii),
or (iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224), (ii)
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, (iii) one of the offenses enumerated
in subdivision (a)(2.4) when the offense is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the
offender to commitment under the Sexually Violent Persons
Commitment Act, or (vi) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating

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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).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.
Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the sentence credit;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.

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The Director shall determine the form and content of
the written determination required in this subsection.
(3.5) The Department shall provide annual written
reports to the Governor and the General Assembly on the
award of sentence credit for good conduct, with the first
report due January 1, 2014. The Department must publish
both reports on its website within 48 hours of transmitting
the reports to the Governor and the General Assembly. The
reports must include:
(A) the number of inmates awarded sentence credit
for good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded
sentence credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that
the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate
is engaged full-time in substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completes the assigned

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program as determined by the standards of the Department,
shall be multiplied by a factor of 1.25 for program
participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and
regulations shall also provide that sentence credit,
subject to the same offense limits and multiplier provided
in this paragraph, may be provided to an inmate who was
held in pre-trial detention prior to his or her current
commitment to the Department of Corrections and
successfully completed a full-time, 60-day or longer
substance abuse program, educational program, behavior
modification program, life skills course, or re-entry
planning provided by the county department of corrections
or county jail. Calculation of this county program credit
shall be done at sentencing as provided in Section
5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for
the additional sentence credit under this paragraph (4) or
(4.1) of this subsection (a) while assigned to a boot camp
or electronic detention, or if convicted of an offense
enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
Section that is committed on or after June 19, 1998 or
subdivision (a)(2)(iv) of this Section that is committed on
or after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) of this Section that is
committed on or after August 13, 2007 (the effective date

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of Public Act 95-134) or subdivision (a)(2)(vi) when the
offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224), or if
convicted of 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, or if
convicted of 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), or if convicted of an offense enumerated in
paragraph (a)(2.4) of this Section that is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), or first degree murder, a Class X felony, criminal
sexual assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the

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foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4) who
(i) has previously received increased good conduct credit
under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry
planning, and correctional industry programs under which
sentence credit may be increased under this paragraph (4)
and paragraph (4.1) of this subsection (a) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of these
evaluations to the Governor and the General Assembly by
September 30th of each year. The reports shall include data
relating to the recidivism rate among program
participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and

09800SB1342ham003 - 24 - LRB098 06687 RLC 49559 a
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of sentence credit shall be awarded
to any prisoner who passes the high school level Test of
General Educational Development (GED) while the prisoner
is committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in
addition to, and shall not affect, the award of sentence
credit under any other paragraph of this Section, but shall
also be pursuant to the guidelines and restrictions set
forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a GED. If, after an award
of the GED sentence credit has been made and the Department
determines that the prisoner was not eligible, then the
award shall be revoked. The Department may also award 60
days of sentence credit to any committed person who passed
the high school level Test of General Educational
Development (GED) while he or she was held in pre-trial
detention prior to the current commitment to the Department
of Corrections.
(4.5) The rules and regulations on sentence credit

09800SB1342ham003 - 25 - LRB098 06687 RLC 49559 a
shall also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the prisoner shall
receive no sentence credit awarded under clause (3) of this
subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The
Director may waive the requirement to participate in or
complete a substance abuse treatment program and award the
sentence credit in specific instances if the prisoner is
not a good candidate for a substance abuse treatment
program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject
to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance
abuse treatment program. A prisoner on a waiting list who
is not placed in a substance abuse program prior to release
may be eligible for a waiver and receive sentence credit
under clause (3) of this subsection (a) at the discretion

09800SB1342ham003 - 26 - LRB098 06687 RLC 49559 a
of the Director.
(4.6) The rules and regulations on sentence credit
shall also provide that a prisoner who has been convicted
of a sex offense as defined in Section 2 of the Sex
Offender Registration Act shall receive no sentence credit
unless he or she either has successfully completed or is
participating in sex offender treatment as defined by the
Sex Offender Management Board. However, prisoners who are
waiting to receive treatment, but who are unable to do so
due solely to the lack of resources on the part of the
Department, may, at the Director's sole discretion, be
awarded sentence credit at a rate as the Director shall
determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of
sentence credit for good conduct under paragraph (3) of
subsection (a) of this Section given at any time during the
term, the Department shall give reasonable notice of the
impending release not less than 14 days prior to the date
of the release to the State's Attorney of the county where
the prosecution of the inmate took place, and if
applicable, the State's Attorney of the county into which
the inmate will be released. The Department must also make
identification information and a recent photo of the inmate
being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early

09800SB1342ham003 - 27 - LRB098 06687 RLC 49559 a
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, residence address, commitment offense and
county where conviction was imposed. The identification
information shall be placed on the website within 3 days of
the inmate's release and the information may not be removed
until either: completion of the first year of mandatory
supervised release or return of the inmate to custody of
the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor

09800SB1342ham003 - 28 - LRB098 06687 RLC 49559 a
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the

09800SB1342ham003 - 29 - LRB098 06687 RLC 49559 a
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law

09800SB1342ham003 - 30 - LRB098 06687 RLC 49559 a
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who

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has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
97-1150, eff. 1-25-13.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be imposed
for the following offenses. The court shall sentence the
offender to not less than the minimum term of imprisonment
set forth in this Code for the following offenses, and may
order a fine or restitution or both in conjunction with
such term of imprisonment:
(A) First degree murder where the death penalty is

09800SB1342ham003 - 32 - LRB098 06687 RLC 49559 a
not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) or (c)(2) of Section 401 of that
Act which relates to more than 5 grams of a substance
containing cocaine, fentanyl, or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section
401 of the Illinois Controlled Substances Act which
relates to 3 or more grams of a substance containing
heroin or an analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony,
including any state or federal conviction for an
offense that contained, at the time it was committed,
the same elements as an offense now (the date of the
offense committed after the prior Class 2 or greater
felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.

09800SB1342ham003 - 33 - LRB098 06687 RLC 49559 a
(F-5) A violation of Section 24-1, 24-1.1, or
24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
Criminal Code of 2012 for which imprisonment is
prescribed in those Sections.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5
or more persons, with an established hierarchy, that
encourages members of the association to perpetrate
crimes or provides support to the members of the
association who do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the

09800SB1342ham003 - 34 - LRB098 06687 RLC 49559 a
offense of hate crime when the underlying offense upon
which the hate crime is based is felony aggravated
assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to the
property exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of
Section 20-1, Section 20-1.2, or Section 20-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal
Code of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section
6-303 of the Illinois Vehicle Code committed while his
or her driver's license, permit, or privilege was
revoked because of a violation of Section 9-3 of the

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Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a
similar provision of a law of another state.
(V) A violation of paragraph (4) of subsection (c)
of Section 11-20.1B or paragraph (4) of subsection (c)
of Section 11-20.3 of the Criminal Code of 1961, or
paragraph (6) of subsection (a) of Section 11-20.1 of
the Criminal Code of 2012 when the victim is under 13
years of age and the defendant has previously been
convicted under the laws of this State or any other
state of the offense of child pornography, aggravated
child pornography, aggravated criminal sexual abuse,
aggravated criminal sexual assault, predatory criminal
sexual assault of a child, or any of the offenses
formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was
under the age of 18 years or an offense that is
substantially equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a
of the Criminal Code of 1961 or the Criminal Code of
2012.
(Y) A conviction for unlawful possession of a
firearm by a street gang member when the firearm was

09800SB1342ham003 - 36 - LRB098 06687 RLC 49559 a
loaded or contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge
for a felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of
a value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding
for sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the
aggregate of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if
the firearm is aimed toward the person against whom the
firearm is being used.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303
of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8)
of this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section

09800SB1342ham003 - 37 - LRB098 06687 RLC 49559 a
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court,
shall be imposed for a second violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6),
and (4.9) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community service,
as determined by the court, shall be imposed for a third or
subsequent violation of Section 6-303 of the Illinois
Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall
be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.7) A minimum term of imprisonment of not less than
30 consecutive days, or 300 hours of community service,
shall be imposed for a violation of subsection (a-5) of
Section 6-303 of the Illinois Vehicle Code, as provided in
subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for
a second violation of subsection (a-5) of Section 6-303 of

09800SB1342ham003 - 38 - LRB098 06687 RLC 49559 a
the Illinois Vehicle Code, as provided in subsection (c-5)
of that Section. The person's driving privileges shall be
revoked for a period of not less than 5 years from the date
of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4
and not more than 15 years shall be imposed for a third
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-2.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-3.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(5) The court may sentence a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
5-5-6 of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of

09800SB1342ham003 - 39 - LRB098 06687 RLC 49559 a
the Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation resulted
in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any other penalties imposed, a
person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her
driver's license, permit, or privileges suspended for 2
years, if the violation resulted in the death of another
person.
(5.4) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 3 months and until he
or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code during a period in which his or her driver's
license, permit, or privileges were suspended for a

09800SB1342ham003 - 40 - LRB098 06687 RLC 49559 a
previous violation of that Section shall have his or her
driver's license, permit, or privileges suspended for an
additional 6 months after the expiration of the original
3-month suspension and until he or she has paid a
reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to
a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
for a first offense and $2,000 for a second or subsequent
offense upon a person convicted of or placed on supervision
for battery when the individual harmed was a sports
official or coach at any level of competition and the act
causing harm to the sports official or coach occurred
within an athletic facility or within the immediate
vicinity of the athletic facility at which the sports
official or coach was an active participant of the athletic
contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an
athletic contest who enforces the rules of the contest,
such as an umpire or referee; "athletic facility" means an
indoor or outdoor playing field or recreational area where

09800SB1342ham003 - 41 - LRB098 06687 RLC 49559 a
sports activities are conducted; and "coach" means a person
recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation
of that Section.
(13) A person convicted of or placed on court
supervision for an assault or aggravated assault when the
victim and the offender are family or household members as
defined in Section 103 of the Illinois Domestic Violence
Act of 1986 or convicted of domestic battery or aggravated
domestic battery may be required to attend a Partner Abuse
Intervention Program under protocols set forth by the
Illinois Department of Human Services under such terms and
conditions imposed by the court. The costs of such classes
shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the

09800SB1342ham003 - 42 - LRB098 06687 RLC 49559 a
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;

09800SB1342ham003 - 43 - LRB098 06687 RLC 49559 a
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

09800SB1342ham003 - 44 - LRB098 06687 RLC 49559 a
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the

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availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether

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the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.

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(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of

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the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this

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subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by
the Immigration and Nationality Act, is convicted of any
felony or misdemeanor offense, the court after sentencing
the defendant may, upon motion of the State's Attorney,
hold sentence in abeyance and remand the defendant to the
custody of the Attorney General of the United States or his
or her designated agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and

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(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act, the court may, upon motion of the State's
Attorney to suspend the sentence imposed, commit the
defendant to the custody of the Attorney General of the
United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to

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the custody of the county from which he or she was
sentenced. Thereafter, the defendant shall be brought
before the sentencing court, which may impose any sentence
that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be
eligible for additional sentence credit for good conduct as
provided under Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of

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license renewal established by the Secretary of State.
(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
eff. 1-25-13.)
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General
Assembly that certain non-violent offenders eligible for
sentences of incarceration may benefit from the rehabilitative
aspects of a county impact incarceration program. It is the
intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not
be construed to allow violent offenders to participate in a
county impact incarceration program.
(b) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff, in
any county with more than 3,000,000 inhabitants, may establish
and operate a county impact incarceration program for eligible
offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility
requirements of the Sheriff's county impact incarceration

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program, the court may sentence the offender to the county
impact incarceration program. The Sheriff shall be responsible
for monitoring all offenders who are sentenced to the county
impact incarceration program, including the mandatory period
of monitored release following the 120 to 180 days of impact
incarceration. Offenders assigned to the county impact
incarceration program under an intergovernmental agreement
between the county and the Illinois Department of Corrections
are exempt from the provisions of this mandatory period of
monitored release. In the event the offender is not accepted
for placement in the county impact incarceration program, the
court shall proceed to sentence the offender to any other
disposition authorized by this Code. If the offender does not
successfully complete the program, the offender's failure to do
so shall constitute a violation of the sentence to the county
impact incarceration program.
(c) In order to be eligible to be sentenced to a county
impact incarceration program by the court, the person shall
meet all of the following requirements:
(1) the person must be not less than 17 years of age
nor more than 35 years of age;
(2) The person has not previously participated in the
impact incarceration program and has not previously served
more than one prior sentence of imprisonment for a felony
in an adult correctional facility;
(3) The person has not been convicted of a Class X

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felony, first or second degree murder, armed violence,
aggravated kidnapping, criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, forcible detention, or arson,
unlawful use or possession of weapons by felons or persons
in the custody of the Department of Corrections facilities,
or unlawful possession of a firearm by a street gang member
and has not been convicted previously of any of those
offenses.
(4) The person has been found in violation of probation
for an offense that is a Class 2, 3, or 4 felony that is not
a forcible felony as defined in Section 2-8 of the Criminal
Code of 2012 or a violent crime as defined in subsection
(c) of Section 3 of the Rights of Crime Victims and
Witnesses Act who otherwise could be sentenced to a term of
incarceration; or the person is convicted of an offense
that is a Class 2, 3, or 4 felony that is not a forcible
felony as defined in Section 2-8 of the Criminal Code of
2012 or a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and Witnesses Act
who has previously served a sentence of probation for any
felony offense and who otherwise could be sentenced to a
term of incarceration.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or

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disability that would prevent participation in a county
impact incarceration program.
(7) The person was recommended and approved for
placement in the county impact incarceration program by the
Sheriff and consented in writing to participation in the
county impact incarceration program and to the terms and
conditions of the program. The Sheriff may consider, among
other matters, whether the person has any outstanding
detainers or warrants, whether the person has a history of
escaping or absconding, whether participation in the
county impact incarceration program may pose a risk to the
safety or security of any person and whether space is
available.
(c) The county impact incarceration program shall include,
among other matters, mandatory physical training and labor,
military formation and drills, regimented activities,
uniformity of dress and appearance, education and counseling,
including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt
and retention of property and publications and access to
television, radio, and a library may be suspended or
restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements
for the program. Persons shall be informed of rules of behavior
and conduct. Persons participating in the county impact

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incarceration program shall adhere to all rules and all
requirements of the program.
(f) Participation in the county impact incarceration
program shall be for a period of 120 to 180 days followed by a
mandatory term of monitored release for at least 8 months and
no more than 12 months supervised by the Sheriff. The period of
time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The
court may also sentence the person to a period of probation to
commence at the successful completion of the county impact
incarceration program.
(g) If the person successfully completes the county impact
incarceration program, the Sheriff shall certify the person's
successful completion of the program to the court and to the
county's State's Attorney. Upon successful completion of the
county impact incarceration program and mandatory term of
monitored release and if there is an additional period of
probation given, the person shall at that time begin his or her
probationary sentence under the supervision of the Adult
Probation Department.
(h) A person may be removed from the county impact
incarceration program for a violation of the terms or
conditions of the program or in the event he or she is for any
reason unable to participate. The failure to complete the
program for any reason, including the 8 to 12 month monitored
release period, shall be deemed a violation of the county

09800SB1342ham003 - 57 - LRB098 06687 RLC 49559 a
impact incarceration sentence. The Sheriff shall give notice to
the State's Attorney of the person's failure to complete the
program. The Sheriff shall file a petition for violation of the
county impact incarceration sentence with the court and the
State's Attorney may proceed on the petition under Section
5-6-4 of this Code. The Sheriff shall promulgate rules and
regulations governing conduct which could result in removal
from the program or in a determination that the person has not
successfully completed the program.
The mandatory conditions of every county impact
incarceration sentence shall include that the person either
while in the program or during the period of monitored release:
(1) not violate any criminal statute of any
jurisdiction;
(2) report or appear in person before any such person
or agency as directed by the court or the Sheriff;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the Sheriff; and
(5) permit representatives of the Sheriff to visit at
the person's home or elsewhere to the extent necessary for
the Sheriff to monitor compliance with the program. Persons

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shall have access to such rules, which shall provide that a
person shall receive notice of any such violation.
(i) The Sheriff may terminate the county impact
incarceration program at any time.
(j) The Sheriff shall report to the county board on or
before September 30th of each year on the county impact
incarceration program, including the composition of the
program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 97-1150, eff. 1-25-13.)".