Bill Text: IL HB1587 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment, probation, or conditional discharge than the minimum sentence of imprisonment, probation, or conditional discharge provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that if the defendant has been charged with an offense involving the use, possession, or discharge of a firearm, the court may not deviate from a mandatory minimum sentence or probation or conditional discharge requirement, unless it is the recommendation of a presentence investigation and there is clear articulable evidence that the defendant is not a threat to the public safety. Provides that an offender convicted of a sex offense or an offense involving the infliction of great bodily harm may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Engrossed) 2019-05-31 - Rule 3-9(a) / Re-referred to Assignments [HB1587 Detail]

Download: Illinois-2019-HB1587-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4-1 as follows:
6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
7 Sec. 5-4-1. Sentencing hearing.
8 (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence. However,
11prior to the imposition of sentence on an individual being
12sentenced for an offense based upon a charge for a violation of
13Section 11-501 of the Illinois Vehicle Code or a similar
14provision of a local ordinance, the individual must undergo a
15professional evaluation to determine if an alcohol or other
16drug abuse problem exists and the extent of such a problem.
17Programs conducting these evaluations shall be licensed by the
18Department of Human Services. However, if the individual is not
19a resident of Illinois, the court may, in its discretion,
20accept an evaluation from a program in the state of such
21individual's residence. The court may in its sentencing order
22approve an eligible defendant for placement in a Department of
23Corrections impact incarceration program as provided in

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1Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
2order recommend a defendant for placement in a Department of
3Corrections substance abuse treatment program as provided in
4paragraph (a) of subsection (1) of Section 3-2-2 conditioned
5upon the defendant being accepted in a program by the
6Department of Corrections. At the hearing the court shall:
7 (1) consider the evidence, if any, received upon the
8 trial;
9 (2) consider any presentence reports;
10 (3) consider the financial impact of incarceration
11 based on the financial impact statement filed with the
12 clerk of the court by the Department of Corrections;
13 (4) consider evidence and information offered by the
14 parties in aggravation and mitigation;
15 (4.5) consider substance abuse treatment, eligibility
16 screening, and an assessment, if any, of the defendant by
17 an agent designated by the State of Illinois to provide
18 assessment services for the Illinois courts;
19 (5) hear arguments as to sentencing alternatives;
20 (6) afford the defendant the opportunity to make a
21 statement in his own behalf;
22 (7) afford the victim of a violent crime or a violation
23 of Section 11-501 of the Illinois Vehicle Code, or a
24 similar provision of a local ordinance, the opportunity to
25 present an oral or written statement, as guaranteed by
26 Article I, Section 8.1 of the Illinois Constitution and

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1 provided in Section 6 of the Rights of Crime Victims and
2 Witnesses Act. The court shall allow a victim to make an
3 oral statement if the victim is present in the courtroom
4 and requests to make an oral or written statement. An oral
5 or written statement includes the victim or a
6 representative of the victim reading the written
7 statement. The court may allow persons impacted by the
8 crime who are not victims under subsection (a) of Section 3
9 of the Rights of Crime Victims and Witnesses Act to present
10 an oral or written statement. A victim and any person
11 making an oral statement shall not be put under oath or
12 subject to cross-examination. All statements offered under
13 this paragraph (7) shall become part of the record of the
14 court. In this paragraph (7), "victim of a violent crime"
15 means a person who is a victim of a violent crime for which
16 the defendant has been convicted after a bench or jury
17 trial or a person who is the victim of a violent crime with
18 which the defendant was charged and the defendant has been
19 convicted under a plea agreement of a crime that is not a
20 violent crime as defined in subsection (c) of 3 of the
21 Rights of Crime Victims and Witnesses Act;
22 (7.5) afford a qualified person affected by: (i) a
23 violation of Section 405, 405.1, 405.2, or 407 of the
24 Illinois Controlled Substances Act or a violation of
25 Section 55 or Section 65 of the Methamphetamine Control and
26 Community Protection Act; or (ii) a Class 4 felony

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1 violation of Section 11-14, 11-14.3 except as described in
2 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
3 11-18.1, or 11-19 of the Criminal Code of 1961 or the
4 Criminal Code of 2012, committed by the defendant the
5 opportunity to make a statement concerning the impact on
6 the qualified person and to offer evidence in aggravation
7 or mitigation; provided that the statement and evidence
8 offered in aggravation or mitigation shall first be
9 prepared in writing in conjunction with the State's
10 Attorney before it may be presented orally at the hearing.
11 Sworn testimony offered by the qualified person is subject
12 to the defendant's right to cross-examine. All statements
13 and evidence offered under this paragraph (7.5) shall
14 become part of the record of the court. In this paragraph
15 (7.5), "qualified person" means any person who: (i) lived
16 or worked within the territorial jurisdiction where the
17 offense took place when the offense took place; or (ii) is
18 familiar with various public places within the territorial
19 jurisdiction where the offense took place when the offense
20 took place. "Qualified person" includes any peace officer
21 or any member of any duly organized State, county, or
22 municipal peace officer unit assigned to the territorial
23 jurisdiction where the offense took place when the offense
24 took place;
25 (8) in cases of reckless homicide afford the victim's
26 spouse, guardians, parents or other immediate family

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1 members an opportunity to make oral statements;
2 (9) in cases involving a felony sex offense as defined
3 under the Sex Offender Management Board Act, consider the
4 results of the sex offender evaluation conducted pursuant
5 to Section 5-3-2 of this Act; and
6 (10) make a finding of whether a motor vehicle was used
7 in the commission of the offense for which the defendant is
8 being sentenced.
9 (b) All sentences shall be imposed by the judge based upon
10his independent assessment of the elements specified above and
11any agreement as to sentence reached by the parties. The judge
12who presided at the trial or the judge who accepted the plea of
13guilty shall impose the sentence unless he is no longer sitting
14as a judge in that court. Where the judge does not impose
15sentence at the same time on all defendants who are convicted
16as a result of being involved in the same offense, the
17defendant or the State's Attorney may advise the sentencing
18court of the disposition of any other defendants who have been
19sentenced.
20 (b-1) In imposing a sentence of imprisonment or periodic
21imprisonment for a Class 3 or Class 4 felony for which a
22sentence of probation or conditional discharge is an available
23sentence, if the defendant has no prior sentence of probation
24or conditional discharge and no prior conviction for a violent
25crime, the defendant shall not be sentenced to imprisonment
26before review and consideration of a presentence report and

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1determination and explanation of why the particular evidence,
2information, factor in aggravation, factual finding, or other
3reasons support a sentencing determination that one or more of
4the factors under subsection (a) of Section 5-6-1 of this Code
5apply and that probation or conditional discharge is not an
6appropriate sentence.
7 (c) In imposing a sentence for a violent crime or for an
8offense of operating or being in physical control of a vehicle
9while under the influence of alcohol, any other drug or any
10combination thereof, or a similar provision of a local
11ordinance, when such offense resulted in the personal injury to
12someone other than the defendant, the trial judge shall specify
13on the record the particular evidence, information, factors in
14mitigation and aggravation or other reasons that led to his
15sentencing determination. The full verbatim record of the
16sentencing hearing shall be filed with the clerk of the court
17and shall be a public record.
18 (c-1) In imposing a sentence for the offense of aggravated
19kidnapping for ransom, home invasion, armed robbery,
20aggravated vehicular hijacking, aggravated discharge of a
21firearm, or armed violence with a category I weapon or category
22II weapon, the trial judge shall make a finding as to whether
23the conduct leading to conviction for the offense resulted in
24great bodily harm to a victim, and shall enter that finding and
25the basis for that finding in the record.
26 (c-1.5) Notwithstanding any other provision of law to the

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1contrary, in imposing a sentence for an offense that requires a
2mandatory minimum sentence of imprisonment, the court may
3instead sentence the offender to probation, conditional
4discharge, or a lesser term of imprisonment it deems
5appropriate if: (1) the offense involves the use or possession
6of drugs, retail theft, or driving on a revoked license due to
7unpaid financial obligations; (2) the court finds that the
8defendant does not pose a risk to public safety; and (3) the
9interest of justice requires imposing a term of probation,
10conditional discharge, or a lesser term of imprisonment. The
11court must state on the record its reasons for imposing
12probation, conditional discharge, or a lesser term of
13imprisonment.
14 (c-2) If the defendant is sentenced to prison, other than
15when a sentence of natural life imprisonment or a sentence of
16death is imposed, at the time the sentence is imposed the judge
17shall state on the record in open court the approximate period
18of time the defendant will serve in custody according to the
19then current statutory rules and regulations for sentence
20credit found in Section 3-6-3 and other related provisions of
21this Code. This statement is intended solely to inform the
22public, has no legal effect on the defendant's actual release,
23and may not be relied on by the defendant on appeal.
24 The judge's statement, to be given after pronouncing the
25sentence, other than when the sentence is imposed for one of
26the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

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1shall include the following:
2 "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois as
6applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, assuming the defendant receives all of his or her
9sentence credit, the period of estimated actual custody is ...
10years and ... months, less up to 180 days additional earned
11sentence credit. If the defendant, because of his or her own
12misconduct or failure to comply with the institutional
13regulations, does not receive those credits, the actual time
14served in prison will be longer. The defendant may also receive
15an additional one-half day sentence credit for each day of
16participation in vocational, industry, substance abuse, and
17educational programs as provided for by Illinois statute."
18 When the sentence is imposed for one of the offenses
19enumerated in paragraph (a)(2) of Section 3-6-3, other than
20first degree murder, and the offense was committed on or after
21June 19, 1998, and when the sentence is imposed for reckless
22homicide as defined in subsection (e) of Section 9-3 of the
23Criminal Code of 1961 or the Criminal Code of 2012 if the
24offense was committed on or after January 1, 1999, and when the
25sentence is imposed for aggravated driving under the influence
26of alcohol, other drug or drugs, or intoxicating compound or

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1compounds, or any combination thereof as defined in
2subparagraph (F) of paragraph (1) of subsection (d) of Section
311-501 of the Illinois Vehicle Code, and when the sentence is
4imposed for aggravated arson if the offense was committed on or
5after July 27, 2001 (the effective date of Public Act 92-176),
6and when the sentence is imposed for aggravated driving under
7the influence of alcohol, other drug or drugs, or intoxicating
8compound or compounds, or any combination thereof as defined in
9subparagraph (C) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code committed on or after
11January 1, 2011 (the effective date of Public Act 96-1230), the
12judge's statement, to be given after pronouncing the sentence,
13shall include the following:
14 "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois as
18applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant is entitled to no more than 4 1/2 days of
21sentence credit for each month of his or her sentence of
22imprisonment. Therefore, this defendant will serve at least 85%
23of his or her sentence. Assuming the defendant receives 4 1/2
24days credit for each month of his or her sentence, the period
25of estimated actual custody is ... years and ... months. If the
26defendant, because of his or her own misconduct or failure to

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1comply with the institutional regulations receives lesser
2credit, the actual time served in prison will be longer."
3 When a sentence of imprisonment is imposed for first degree
4murder and the offense was committed on or after June 19, 1998,
5the judge's statement, to be given after pronouncing the
6sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8the actual period of time this defendant is likely to spend in
9prison as a result of this sentence. The actual period of
10prison time served is determined by the statutes of Illinois as
11applied to this sentence by the Illinois Department of
12Corrections and the Illinois Prisoner Review Board. In this
13case, the defendant is not entitled to sentence credit.
14Therefore, this defendant will serve 100% of his or her
15sentence."
16 When the sentencing order recommends placement in a
17substance abuse program for any offense that results in
18incarceration in a Department of Corrections facility and the
19crime was committed on or after September 1, 2003 (the
20effective date of Public Act 93-354), the judge's statement, in
21addition to any other judge's statement required under this
22Section, to be given after pronouncing the sentence, shall
23include the following:
24 "The purpose of this statement is to inform the public of
25the actual period of time this defendant is likely to spend in
26prison as a result of this sentence. The actual period of

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1prison time served is determined by the statutes of Illinois as
2applied to this sentence by the Illinois Department of
3Corrections and the Illinois Prisoner Review Board. In this
4case, the defendant shall receive no earned sentence credit
5under clause (3) of subsection (a) of Section 3-6-3 until he or
6she participates in and completes a substance abuse treatment
7program or receives a waiver from the Director of Corrections
8pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
9 (c-4) Before the sentencing hearing and as part of the
10presentence investigation under Section 5-3-1, the court shall
11inquire of the defendant whether the defendant is currently
12serving in or is a veteran of the Armed Forces of the United
13States. If the defendant is currently serving in the Armed
14Forces of the United States or is a veteran of the Armed Forces
15of the United States and has been diagnosed as having a mental
16illness by a qualified psychiatrist or clinical psychologist or
17physician, the court may:
18 (1) order that the officer preparing the presentence
19 report consult with the United States Department of
20 Veterans Affairs, Illinois Department of Veterans'
21 Affairs, or another agency or person with suitable
22 knowledge or experience for the purpose of providing the
23 court with information regarding treatment options
24 available to the defendant, including federal, State, and
25 local programming; and
26 (2) consider the treatment recommendations of any

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1 diagnosing or treating mental health professionals
2 together with the treatment options available to the
3 defendant in imposing sentence.
4 For the purposes of this subsection (c-4), "qualified
5psychiatrist" means a reputable physician licensed in Illinois
6to practice medicine in all its branches, who has specialized
7in the diagnosis and treatment of mental and nervous disorders
8for a period of not less than 5 years.
9 (c-6) In imposing a sentence, the trial judge shall
10specify, on the record, the particular evidence and other
11reasons which led to his or her determination that a motor
12vehicle was used in the commission of the offense.
13 (d) When the defendant is committed to the Department of
14Corrections, the State's Attorney shall and counsel for the
15defendant may file a statement with the clerk of the court to
16be transmitted to the department, agency or institution to
17which the defendant is committed to furnish such department,
18agency or institution with the facts and circumstances of the
19offense for which the person was committed together with all
20other factual information accessible to them in regard to the
21person prior to his commitment relative to his habits,
22associates, disposition and reputation and any other facts and
23circumstances which may aid such department, agency or
24institution during its custody of such person. The clerk shall
25within 10 days after receiving any such statements transmit a
26copy to such department, agency or institution and a copy to

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1the other party, provided, however, that this shall not be
2cause for delay in conveying the person to the department,
3agency or institution to which he has been committed.
4 (e) The clerk of the court shall transmit to the
5department, agency or institution, if any, to which the
6defendant is committed, the following:
7 (1) the sentence imposed;
8 (2) any statement by the court of the basis for
9 imposing the sentence;
10 (3) any presentence reports;
11 (3.5) any sex offender evaluations;
12 (3.6) any substance abuse treatment eligibility
13 screening and assessment of the defendant by an agent
14 designated by the State of Illinois to provide assessment
15 services for the Illinois courts;
16 (4) the number of days, if any, which the defendant has
17 been in custody and for which he is entitled to credit
18 against the sentence, which information shall be provided
19 to the clerk by the sheriff;
20 (4.1) any finding of great bodily harm made by the
21 court with respect to an offense enumerated in subsection
22 (c-1);
23 (5) all statements filed under subsection (d) of this
24 Section;
25 (6) any medical or mental health records or summaries
26 of the defendant;

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1 (7) the municipality where the arrest of the offender
2 or the commission of the offense has occurred, where such
3 municipality has a population of more than 25,000 persons;
4 (8) all statements made and evidence offered under
5 paragraph (7) of subsection (a) of this Section; and
6 (9) all additional matters which the court directs the
7 clerk to transmit.
8 (f) In cases in which the court finds that a motor vehicle
9was used in the commission of the offense for which the
10defendant is being sentenced, the clerk of the court shall,
11within 5 days thereafter, forward a report of such conviction
12to the Secretary of State.
13(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
14100-961, eff. 1-1-19; revised 10-3-18.)
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