Bill Text: IL HB3168 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall include information concerning defendant's eligibility for a sentence to an impact incarceration program administered by the Department of Corrections. Provides that the court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-07-19 - Public Act . . . . . . . . . 101-0105 [HB3168 Detail]
Download: Illinois-2019-HB3168-Enrolled.html
Bill Title: Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall include information concerning defendant's eligibility for a sentence to an impact incarceration program administered by the Department of Corrections. Provides that the court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-07-19 - Public Act . . . . . . . . . 101-0105 [HB3168 Detail]
Download: Illinois-2019-HB3168-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 5-3-2 and 5-4-1 as follows:
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6 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
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7 | Sec. 5-3-2. Presentence Report.
| ||||||
8 | (a) In felony cases, the presentence
report shall set | ||||||
9 | forth:
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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;
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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;
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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;
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20 | (6) any other matters that the investigatory officer | ||||||
21 | deems
relevant or the court directs to be included; and
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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 .
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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
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3 | examination of the defendant when so ordered by the court. If
| ||||||
4 | the court determines that such an examination should be made, | ||||||
5 | it
shall issue an order that the defendant submit to | ||||||
6 | examination at
such time and place as designated by the court | ||||||
7 | and that such
examination be conducted by a physician, | ||||||
8 | psychologist or
psychiatrist designated by the court. Such an | ||||||
9 | examination may
be conducted in a court clinic if so ordered by | ||||||
10 | the court. The
cost of such examination shall be paid by the | ||||||
11 | county in which
the trial is held.
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12 | (b-5) In cases involving felony sex offenses in which the | ||||||
13 | offender is being considered for probation only or any felony | ||||||
14 | offense that is
sexually motivated as defined in the Sex | ||||||
15 | Offender Management Board Act in which the offender is being | ||||||
16 | considered for probation only, the
investigation shall include | ||||||
17 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
18 | and conducted in conformance with the standards developed under
| ||||||
19 | the Sex Offender Management Board Act. In cases in which the | ||||||
20 | offender is being considered for any mandatory prison sentence, | ||||||
21 | the investigation shall not include a sex offender evaluation.
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22 | (c) In misdemeanor, business offense or petty offense | ||||||
23 | cases, except as
specified in subsection (d) of this Section, | ||||||
24 | when a presentence report has
been ordered by the court, such | ||||||
25 | presentence report shall contain
information on the | ||||||
26 | defendant's history of delinquency or criminality and
shall |
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1 | further contain only those matters listed in any of paragraphs | ||||||
2 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
3 | Section as are
specified by the court in its order for the | ||||||
4 | report.
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5 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
6 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
7 | 2012, the presentence report shall set forth
information about | ||||||
8 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
9 | other treatment programs and facilities, information on the | ||||||
10 | defendant's
history of delinquency or criminality, and shall | ||||||
11 | contain those additional
matters listed in any of paragraphs | ||||||
12 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
13 | Section as are specified by the court.
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14 | (e) Nothing in this Section shall cause the defendant to be
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15 | held without bail or to have his bail revoked for the purpose
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16 | of preparing the presentence report or making an examination.
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17 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
18 | 98-372, eff. 1-1-14.)
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19 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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20 | Sec. 5-4-1. Sentencing hearing.
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21 | (a) Except when the death penalty is
sought under hearing | ||||||
22 | procedures otherwise specified, after a
determination of | ||||||
23 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
24 | prior to the imposition of sentence on an individual being
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25 | sentenced for an offense based upon a charge for a violation of |
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1 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
2 | provision of a local
ordinance, the individual must undergo a | ||||||
3 | professional evaluation to
determine if an alcohol or other | ||||||
4 | drug abuse problem exists and the extent
of such a problem. | ||||||
5 | Programs conducting these evaluations shall be
licensed by the | ||||||
6 | Department of Human Services. However, if the individual is
not | ||||||
7 | a resident of Illinois, the court
may, in its discretion, | ||||||
8 | accept an evaluation from a program in the state of
such | ||||||
9 | individual's residence. The court shall make a specific finding | ||||||
10 | about whether the defendant is eligible for participation in a | ||||||
11 | Department impact incarceration program as provided in Section | ||||||
12 | 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to | ||||||
13 | why a sentence to impact incarceration is not an appropriate | ||||||
14 | sentence may in its sentencing order approve an
eligible | ||||||
15 | defendant for placement in a Department of Corrections impact
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16 | incarceration program as provided in Section 5-8-1.1 or | ||||||
17 | 5-8-1.3 . The court may in its sentencing order recommend a | ||||||
18 | defendant for placement in a Department of Corrections | ||||||
19 | substance abuse treatment program as provided in paragraph (a) | ||||||
20 | of subsection (1) of Section 3-2-2 conditioned upon the | ||||||
21 | defendant being accepted in a program by the Department of | ||||||
22 | Corrections. At the
hearing the court
shall:
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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;
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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;
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9 | (5) hear arguments as to sentencing alternatives;
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10 | (6) afford the defendant the opportunity to make a | ||||||
11 | statement in his
own behalf;
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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;
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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;
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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
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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 | ||||||
26 | his
independent assessment of the elements specified above and |
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1 | any agreement
as to sentence reached by the parties. The judge | ||||||
2 | who presided at the
trial or the judge who accepted the plea of | ||||||
3 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
4 | as a judge in that court. Where
the judge does not impose | ||||||
5 | sentence at the same time on all defendants
who are convicted | ||||||
6 | as a result of being involved in the same offense, the
| ||||||
7 | defendant or the State's Attorney may advise the sentencing | ||||||
8 | court of the
disposition of any other defendants who have been | ||||||
9 | sentenced.
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10 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
11 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
12 | sentence of probation or conditional discharge is an available | ||||||
13 | sentence, if the defendant has no prior sentence of probation | ||||||
14 | or conditional discharge and no prior conviction for a violent | ||||||
15 | crime, the defendant shall not be sentenced to imprisonment | ||||||
16 | before review and consideration of a presentence report and | ||||||
17 | determination and explanation of why the particular evidence, | ||||||
18 | information, factor in aggravation, factual finding, or other | ||||||
19 | reasons support a sentencing determination that one or more of | ||||||
20 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
21 | apply and that probation or conditional discharge is not an | ||||||
22 | appropriate sentence. | ||||||
23 | (c) In imposing a sentence for a violent crime or for an | ||||||
24 | offense of
operating or being in physical control of a vehicle | ||||||
25 | while under the
influence of alcohol, any other drug or any | ||||||
26 | combination thereof, or a
similar provision of a local |
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1 | ordinance, when such offense resulted in the
personal injury to | ||||||
2 | someone other than the defendant, the trial judge shall
specify | ||||||
3 | on the record the particular evidence, information, factors in
| ||||||
4 | mitigation and aggravation or other reasons that led to his | ||||||
5 | sentencing
determination. The full verbatim record of the | ||||||
6 | sentencing hearing shall be
filed with the clerk of the court | ||||||
7 | and shall be a public record.
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8 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
9 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
10 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
11 | firearm, or armed violence with a category I weapon
or category | ||||||
12 | II weapon,
the trial judge shall make a finding as to whether | ||||||
13 | the conduct leading to
conviction for the offense resulted in | ||||||
14 | great bodily harm to a victim, and
shall enter that finding and | ||||||
15 | the basis for that finding in the record.
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16 | (c-2) If the defendant is sentenced to prison, other than | ||||||
17 | when a sentence of
natural life imprisonment or a sentence of | ||||||
18 | death is imposed, at the time
the sentence is imposed the judge | ||||||
19 | shall
state on the record in open court the approximate period | ||||||
20 | of time the defendant
will serve in custody according to the | ||||||
21 | then current statutory rules and
regulations for sentence | ||||||
22 | credit found in Section 3-6-3 and other related
provisions of | ||||||
23 | this Code. This statement is intended solely to inform the
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24 | public, has no legal effect on the defendant's actual release, | ||||||
25 | and may not be
relied on by the defendant on appeal.
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26 | The judge's statement, to be given after pronouncing the |
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1 | sentence, other than
when the sentence is imposed for one of | ||||||
2 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
3 | shall include the following:
| ||||||
4 | "The purpose of this statement is to inform the public of | ||||||
5 | the actual period
of time this defendant is likely to spend in | ||||||
6 | prison as a result of this
sentence. The actual period of | ||||||
7 | prison time served is determined by the
statutes of Illinois as | ||||||
8 | applied to this sentence by the Illinois Department of
| ||||||
9 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
10 | case, assuming the defendant
receives all of his or her | ||||||
11 | sentence credit, the period of estimated actual
custody is ... | ||||||
12 | years and ... months, less up to 180 days additional earned | ||||||
13 | sentence credit. If the defendant, because of his or
her own | ||||||
14 | misconduct or failure to comply with the institutional | ||||||
15 | regulations,
does not receive those credits, the actual time | ||||||
16 | served in prison will be
longer. The defendant may also receive | ||||||
17 | an additional one-half day sentence
credit for each day of | ||||||
18 | participation in vocational, industry, substance abuse,
and | ||||||
19 | educational programs as provided for by Illinois statute."
| ||||||
20 | When the sentence is imposed for one of the offenses | ||||||
21 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
22 | first degree murder, and the offense was
committed on or after | ||||||
23 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
24 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
25 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
26 | offense was committed on or after January 1, 1999,
and when the |
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1 | sentence is imposed for aggravated driving under the influence
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2 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
3 | compounds, or
any combination thereof as defined in | ||||||
4 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
5 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
6 | imposed for aggravated arson if the offense was committed
on or | ||||||
7 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
8 | and when
the sentence is imposed for aggravated driving under | ||||||
9 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
10 | compound or compounds, or any combination
thereof as defined in | ||||||
11 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
12 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
13 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
14 | judge's
statement, to be given after pronouncing the sentence, | ||||||
15 | shall include the
following:
| ||||||
16 | "The purpose of this statement is to inform the public of | ||||||
17 | the actual period
of time this defendant is likely to spend in | ||||||
18 | prison as a result of this
sentence. The actual period of | ||||||
19 | prison time served is determined by the
statutes of Illinois as | ||||||
20 | applied to this sentence by the Illinois Department of
| ||||||
21 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
22 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
23 | sentence credit for
each month of his or her sentence of | ||||||
24 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
25 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
26 | days credit for each month of his or her sentence, the period
|
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| |||||||
1 | of estimated actual custody is ... years and ... months. If the | ||||||
2 | defendant,
because of his or her own misconduct or failure to | ||||||
3 | comply with the
institutional regulations receives lesser | ||||||
4 | credit, the actual time served in
prison will be longer."
| ||||||
5 | When a sentence of imprisonment is imposed for first degree | ||||||
6 | murder and
the offense was committed on or after June 19, 1998, | ||||||
7 | the judge's statement,
to be given after pronouncing the | ||||||
8 | sentence, shall include the following:
| ||||||
9 | "The purpose of this statement is to inform the public of | ||||||
10 | the actual period
of time this defendant is likely to spend in | ||||||
11 | prison as a result of this
sentence. The actual period of | ||||||
12 | prison time served is determined by the
statutes of Illinois as | ||||||
13 | applied to this sentence by the Illinois Department
of | ||||||
14 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
15 | case, the
defendant is not entitled to sentence credit. | ||||||
16 | Therefore, this defendant
will serve 100% of his or her | ||||||
17 | sentence."
| ||||||
18 | When the sentencing order recommends placement in a | ||||||
19 | substance abuse program for any offense that results in | ||||||
20 | incarceration
in a Department of Corrections facility and the | ||||||
21 | crime was
committed on or after September 1, 2003 (the | ||||||
22 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
23 | addition to any other judge's statement required under this
| ||||||
24 | Section, to be given after pronouncing the sentence, shall | ||||||
25 | include the
following:
| ||||||
26 | "The purpose of this statement is to inform the public of
|
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| |||||||
1 | the actual period of time this defendant is likely to spend in
| ||||||
2 | prison as a result of this sentence. The actual period of
| ||||||
3 | prison time served is determined by the statutes of Illinois as
| ||||||
4 | applied to this sentence by the Illinois Department of
| ||||||
5 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
6 | case, the defendant shall receive no earned sentence credit | ||||||
7 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
8 | she participates in and completes a substance abuse treatment | ||||||
9 | program or receives a waiver from the Director of Corrections | ||||||
10 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
11 | (c-4) Before the sentencing hearing and as part of the | ||||||
12 | presentence investigation under Section 5-3-1, the court shall | ||||||
13 | inquire of the defendant whether the defendant is currently | ||||||
14 | serving in or is a veteran of the Armed Forces of the United | ||||||
15 | States.
If the defendant is currently serving in the Armed | ||||||
16 | Forces of the United States or is a veteran of the Armed Forces | ||||||
17 | of the United States and has been diagnosed as having a mental | ||||||
18 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
19 | physician, 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 | ||||||
7 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
8 | to practice medicine in all its branches, who has specialized | ||||||
9 | in the diagnosis and treatment of mental and nervous disorders | ||||||
10 | for a period of not less than 5 years. | ||||||
11 | (c-6) In imposing a sentence, the trial judge shall | ||||||
12 | specify, on the record, the particular evidence and other | ||||||
13 | reasons which led to his or her determination that a motor | ||||||
14 | vehicle was used in the commission of the offense. | ||||||
15 | (d) When the defendant is committed to the Department of
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16 | Corrections, the State's Attorney shall and counsel for the | ||||||
17 | defendant
may file a statement with the clerk of the court to | ||||||
18 | be transmitted to
the department, agency or institution to | ||||||
19 | which the defendant is
committed to furnish such department, | ||||||
20 | agency or institution with the
facts and circumstances of the | ||||||
21 | offense for which the person was
committed together with all | ||||||
22 | other factual information accessible to them
in regard to the | ||||||
23 | person prior to his commitment relative to his habits,
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24 | associates, disposition and reputation and any other facts and
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25 | circumstances which may aid such department, agency or | ||||||
26 | institution
during its custody of such person. The clerk shall |
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1 | within 10 days after
receiving any such statements transmit a | ||||||
2 | copy to such department, agency
or institution and a copy to | ||||||
3 | the other party, provided, however, that
this shall not be | ||||||
4 | cause for delay in conveying the person to the
department, | ||||||
5 | agency or institution to which he has been committed.
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6 | (e) The clerk of the court shall transmit to the | ||||||
7 | department,
agency or institution, if any, to which the | ||||||
8 | defendant is committed, the
following:
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9 | (1) the sentence imposed;
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10 | (2) any statement by the court of the basis for | ||||||
11 | imposing the sentence;
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12 | (3) any presentence reports;
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13 | (3.5) any sex offender evaluations;
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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;
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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;
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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);
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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;
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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;
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6 | (8) all statements made and evidence offered under | ||||||
7 | paragraph (7) of
subsection (a) of this Section; and
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8 | (9) all additional matters which the court directs the | ||||||
9 | clerk to
transmit.
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10 | (f) In cases in which the court finds that a motor vehicle | ||||||
11 | was used in the commission of the offense for which the | ||||||
12 | defendant is being sentenced, the clerk of the court shall, | ||||||
13 | within 5 days thereafter, forward a report of such conviction | ||||||
14 | to the Secretary of State. | ||||||
15 | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | ||||||
16 | 100-961, eff. 1-1-19; revised 10-3-18.)
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