Bill Text: IL HB3168 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Unified Code of Corrections. Provides that every sentencing order shall include as though written therein a term providing that if the Department of Corrections accepts an eligible offender in the program and determines the offender has successfully completed the impact incarceration program, the sentence shall be reduced to time considered served. Removes the requirement that a person be recommended and approved for placement in the impact incarceration program in the court's sentencing order.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-06-14 - Sent to the Governor [HB3168 Detail]

Download: Illinois-2019-HB3168-Enrolled.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 Sections 5-3-2 and 5-4-1 as follows:
6 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
7 Sec. 5-3-2. Presentence Report.
8 (a) In felony cases, the presentence report shall set
9forth:
10 (1) the defendant's history of delinquency or
11 criminality, physical and mental history and condition,
12 family situation and background, economic status,
13 education, occupation and personal habits;
14 (2) information about special resources within the
15 community which might be available to assist the
16 defendant's rehabilitation, including treatment centers,
17 residential facilities, vocational training services,
18 correctional manpower programs, employment opportunities,
19 special educational programs, alcohol and drug abuse
20 programming, psychiatric and marriage counseling, and
21 other programs and facilities which could aid the
22 defendant's successful reintegration into society;
23 (3) the effect the offense committed has had upon the

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1 victim or victims thereof, and any compensatory benefit
2 that various sentencing alternatives would confer on such
3 victim or victims;
4 (3.5) information provided by the victim's spouse,
5 guardian, parent, grandparent, and other immediate family
6 and household members about the effect the offense
7 committed has had on the victim and on the person providing
8 the information; if the victim's spouse, guardian, parent,
9 grandparent, or other immediate family or household member
10 has provided a written statement, the statement shall be
11 attached to the report;
12 (4) information concerning the defendant's status
13 since arrest, including his record if released on his own
14 recognizance, or the defendant's achievement record if
15 released on a conditional pre-trial supervision program;
16 (5) when appropriate, a plan, based upon the personal,
17 economic and social adjustment needs of the defendant,
18 utilizing public and private community resources as an
19 alternative to institutional sentencing;
20 (6) any other matters that the investigatory officer
21 deems relevant or the court directs to be included; and
22 (7) information concerning defendant's eligibility for
23 a sentence to a county impact incarceration program under
24 Section 5-8-1.2 of this Code; and .
25 (8) information concerning defendant's eligibility for
26 a sentence to an impact incarceration program administered

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1 by the Department under Section 5-8-1.1.
2 (b) The investigation shall include a physical and mental
3examination of the defendant when so ordered by the court. If
4the court determines that such an examination should be made,
5it shall issue an order that the defendant submit to
6examination at such time and place as designated by the court
7and that such examination be conducted by a physician,
8psychologist or psychiatrist designated by the court. Such an
9examination may be conducted in a court clinic if so ordered by
10the court. The cost of such examination shall be paid by the
11county in which the trial is held.
12 (b-5) In cases involving felony sex offenses in which the
13offender is being considered for probation only or any felony
14offense that is sexually motivated as defined in the Sex
15Offender Management Board Act in which the offender is being
16considered for probation only, the investigation shall include
17a sex offender evaluation by an evaluator approved by the Board
18and conducted in conformance with the standards developed under
19the Sex Offender Management Board Act. In cases in which the
20offender is being considered for any mandatory prison sentence,
21the investigation shall not include a sex offender evaluation.
22 (c) In misdemeanor, business offense or petty offense
23cases, except as specified in subsection (d) of this Section,
24when a presentence report has been ordered by the court, such
25presentence report shall contain information on the
26defendant's history of delinquency or criminality and shall

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1further contain only those matters listed in any of paragraphs
2(1) through (6) of subsection (a) or in subsection (b) of this
3Section as are specified by the court in its order for the
4report.
5 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
612-30 of the Criminal Code of 1961 or the Criminal Code of
72012, the presentence report shall set forth information about
8alcohol, drug abuse, psychiatric, and marriage counseling or
9other treatment programs and facilities, information on the
10defendant's history of delinquency or criminality, and shall
11contain those additional matters listed in any of paragraphs
12(1) through (6) of subsection (a) or in subsection (b) of this
13Section as are specified by the court.
14 (e) Nothing in this Section shall cause the defendant to be
15held without bail or to have his bail revoked for the purpose
16of preparing the presentence report or making an examination.
17(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1898-372, eff. 1-1-14.)
19 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
20 Sec. 5-4-1. Sentencing hearing.
21 (a) Except when the death penalty is sought under hearing
22procedures otherwise specified, after a determination of
23guilt, a hearing shall be held to impose the sentence. However,
24prior to the imposition of sentence on an individual being
25sentenced for an offense based upon a charge for a violation of

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1Section 11-501 of the Illinois Vehicle Code or a similar
2provision of a local ordinance, the individual must undergo a
3professional evaluation to determine if an alcohol or other
4drug abuse problem exists and the extent of such a problem.
5Programs conducting these evaluations shall be licensed by the
6Department of Human Services. However, if the individual is not
7a resident of Illinois, the court may, in its discretion,
8accept an evaluation from a program in the state of such
9individual's residence. The court shall make a specific finding
10about whether the defendant is eligible for participation in a
11Department impact incarceration program as provided in Section
125-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
13why a sentence to impact incarceration is not an appropriate
14sentence may in its sentencing order approve an eligible
15defendant for placement in a Department of Corrections impact
16incarceration program as provided in Section 5-8-1.1 or
175-8-1.3. The court may in its sentencing order recommend a
18defendant for placement in a Department of Corrections
19substance abuse treatment program as provided in paragraph (a)
20of subsection (1) of Section 3-2-2 conditioned upon the
21defendant being accepted in a program by the Department of
22Corrections. At the hearing the court shall:
23 (1) consider the evidence, if any, received upon the
24 trial;
25 (2) consider any presentence reports;
26 (3) consider the financial impact of incarceration

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1 based on the financial impact statement filed with the
2 clerk of the court by the Department of Corrections;
3 (4) consider evidence and information offered by the
4 parties in aggravation and mitigation;
5 (4.5) consider substance abuse treatment, eligibility
6 screening, and an assessment, if any, of the defendant by
7 an agent designated by the State of Illinois to provide
8 assessment services for the Illinois courts;
9 (5) hear arguments as to sentencing alternatives;
10 (6) afford the defendant the opportunity to make a
11 statement in his own behalf;
12 (7) afford the victim of a violent crime or a violation
13 of Section 11-501 of the Illinois Vehicle Code, or a
14 similar provision of a local ordinance, the opportunity to
15 present an oral or written statement, as guaranteed by
16 Article I, Section 8.1 of the Illinois Constitution and
17 provided in Section 6 of the Rights of Crime Victims and
18 Witnesses Act. The court shall allow a victim to make an
19 oral statement if the victim is present in the courtroom
20 and requests to make an oral or written statement. An oral
21 or written statement includes the victim or a
22 representative of the victim reading the written
23 statement. The court may allow persons impacted by the
24 crime who are not victims under subsection (a) of Section 3
25 of the Rights of Crime Victims and Witnesses Act to present
26 an oral or written statement. A victim and any person

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1 making an oral statement shall not be put under oath or
2 subject to cross-examination. All statements offered under
3 this paragraph (7) shall become part of the record of the
4 court. In this paragraph (7), "victim of a violent crime"
5 means a person who is a victim of a violent crime for which
6 the defendant has been convicted after a bench or jury
7 trial or a person who is the victim of a violent crime with
8 which the defendant was charged and the defendant has been
9 convicted under a plea agreement of a crime that is not a
10 violent crime as defined in subsection (c) of 3 of the
11 Rights of Crime Victims and Witnesses Act;
12 (7.5) afford a qualified person affected by: (i) a
13 violation of Section 405, 405.1, 405.2, or 407 of the
14 Illinois Controlled Substances Act or a violation of
15 Section 55 or Section 65 of the Methamphetamine Control and
16 Community Protection Act; or (ii) a Class 4 felony
17 violation of Section 11-14, 11-14.3 except as described in
18 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
19 11-18.1, or 11-19 of the Criminal Code of 1961 or the
20 Criminal Code of 2012, committed by the defendant the
21 opportunity to make a statement concerning the impact on
22 the qualified person and to offer evidence in aggravation
23 or mitigation; provided that the statement and evidence
24 offered in aggravation or mitigation shall first be
25 prepared in writing in conjunction with the State's
26 Attorney before it may be presented orally at the hearing.

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1 Sworn testimony offered by the qualified person is subject
2 to the defendant's right to cross-examine. All statements
3 and evidence offered under this paragraph (7.5) shall
4 become part of the record of the court. In this paragraph
5 (7.5), "qualified person" means any person who: (i) lived
6 or worked within the territorial jurisdiction where the
7 offense took place when the offense took place; or (ii) is
8 familiar with various public places within the territorial
9 jurisdiction where the offense took place when the offense
10 took place. "Qualified person" includes any peace officer
11 or any member of any duly organized State, county, or
12 municipal peace officer unit assigned to the territorial
13 jurisdiction where the offense took place when the offense
14 took place;
15 (8) in cases of reckless homicide afford the victim's
16 spouse, guardians, parents or other immediate family
17 members an opportunity to make oral statements;
18 (9) in cases involving a felony sex offense as defined
19 under the Sex Offender Management Board Act, consider the
20 results of the sex offender evaluation conducted pursuant
21 to Section 5-3-2 of this Act; and
22 (10) make a finding of whether a motor vehicle was used
23 in the commission of the offense for which the defendant is
24 being sentenced.
25 (b) All sentences shall be imposed by the judge based upon
26his independent assessment of the elements specified above and

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1any agreement as to sentence reached by the parties. The judge
2who presided at the trial or the judge who accepted the plea of
3guilty shall impose the sentence unless he is no longer sitting
4as a judge in that court. Where the judge does not impose
5sentence at the same time on all defendants who are convicted
6as a result of being involved in the same offense, the
7defendant or the State's Attorney may advise the sentencing
8court of the disposition of any other defendants who have been
9sentenced.
10 (b-1) In imposing a sentence of imprisonment or periodic
11imprisonment for a Class 3 or Class 4 felony for which a
12sentence of probation or conditional discharge is an available
13sentence, if the defendant has no prior sentence of probation
14or conditional discharge and no prior conviction for a violent
15crime, the defendant shall not be sentenced to imprisonment
16before review and consideration of a presentence report and
17determination and explanation of why the particular evidence,
18information, factor in aggravation, factual finding, or other
19reasons support a sentencing determination that one or more of
20the factors under subsection (a) of Section 5-6-1 of this Code
21apply and that probation or conditional discharge is not an
22appropriate sentence.
23 (c) In imposing a sentence for a violent crime or for an
24offense of operating or being in physical control of a vehicle
25while under the influence of alcohol, any other drug or any
26combination thereof, or a similar provision of a local

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1ordinance, when such offense resulted in the personal injury to
2someone other than the defendant, the trial judge shall specify
3on the record the particular evidence, information, factors in
4mitigation and aggravation or other reasons that led to his
5sentencing determination. The full verbatim record of the
6sentencing hearing shall be filed with the clerk of the court
7and shall be a public record.
8 (c-1) In imposing a sentence for the offense of aggravated
9kidnapping for ransom, home invasion, armed robbery,
10aggravated vehicular hijacking, aggravated discharge of a
11firearm, or armed violence with a category I weapon or category
12II weapon, the trial judge shall make a finding as to whether
13the conduct leading to conviction for the offense resulted in
14great bodily harm to a victim, and shall enter that finding and
15the basis for that finding in the record.
16 (c-2) If the defendant is sentenced to prison, other than
17when a sentence of natural life imprisonment or a sentence of
18death is imposed, at the time the sentence is imposed the judge
19shall state on the record in open court the approximate period
20of time the defendant will serve in custody according to the
21then current statutory rules and regulations for sentence
22credit found in Section 3-6-3 and other related provisions of
23this Code. This statement is intended solely to inform the
24public, has no legal effect on the defendant's actual release,
25and may not be relied on by the defendant on appeal.
26 The judge's statement, to be given after pronouncing the

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

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1sentence is imposed for aggravated driving under the influence
2of alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (F) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code, and when the sentence is
6imposed for aggravated arson if the offense was committed on or
7after July 27, 2001 (the effective date of Public Act 92-176),
8and when the sentence is imposed for aggravated driving under
9the influence of alcohol, other drug or drugs, or intoxicating
10compound or compounds, or any combination thereof as defined in
11subparagraph (C) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code committed on or after
13January 1, 2011 (the effective date of Public Act 96-1230), the
14judge's statement, to be given after pronouncing the sentence,
15shall include the following:
16 "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois as
20applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, the defendant is entitled to no more than 4 1/2 days of
23sentence credit for each month of his or her sentence of
24imprisonment. Therefore, this defendant will serve at least 85%
25of his or her sentence. Assuming the defendant receives 4 1/2
26days credit for each month of his or her sentence, the period

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

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

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

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

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1 (6) any medical or mental health records or summaries
2 of the defendant;
3 (7) the municipality where the arrest of the offender
4 or the commission of the offense has occurred, where such
5 municipality has a population of more than 25,000 persons;
6 (8) all statements made and evidence offered under
7 paragraph (7) of subsection (a) of this Section; and
8 (9) all additional matters which the court directs the
9 clerk to transmit.
10 (f) In cases in which the court finds that a motor vehicle
11was used in the commission of the offense for which the
12defendant is being sentenced, the clerk of the court shall,
13within 5 days thereafter, forward a report of such conviction
14to the Secretary of State.
15(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
16100-961, eff. 1-1-19; revised 10-3-18.)
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