Bill Text: IL HB4797 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000 and if based on a prior conviction must only be for felony theft. Amends the Illinois Identification Card Act. Provides that the Secretary of State may, upon request of a person committed to the Department of Corrections, issue a limited period identification card to the committed person that shall be valid during the period of his or her incarceration. Amends the Code of Criminal Procedure of 1963 concerning the reduction or modification of a defendant's sentence. Amends the Unified Code of Corrections. Provides that not later than 2 years after the effective date of the amendatory Act, the Director of Corrections, in consultation with the Independent Review Committee created by the amendatory Act, shall develop and release publicly on the Department of Corrections website a risk and needs assessment system. Describes the system. Provides that a committed person shall be assigned to an institution or facility of the Department that is located within 200 miles of his or her residence immediately before the committed person's admission to the Department. Provides that a committed person who successfully completes evidence-based recidivism reduction programming or productive activities shall receive additional sentence credits. Prohibits handcuffs, shackles, or restraints of any kind to be used on new mothers for 3 months after delivery. Provides that a person at least 60 years of age who has served at least two-thirds of his or her sentence may petition the Department for participation in an atonement and restorative justice program prepared by the Department. Amends the County Jail Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4797 Detail]

Download: Illinois-2019-HB4797-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4797 Introduced ___________, by SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000 and if based on a prior conviction must only be for felony theft. Amends the Illinois Identification Card Act. Provides that the Secretary of State may, upon request of a person committed to the Department of Corrections, issue a limited period identification card to the committed person that shall be valid during the period of his or her incarceration. Amends the Code of Criminal Procedure of 1963 concerning the reduction or modification of a defendant's sentence. Amends the Unified Code of Corrections. Provides that not later than 2 years after the effective date of the amendatory Act, the Director of Corrections, in consultation with the Independent Review Committee created by the amendatory Act, shall develop and release publicly on the Department of Corrections website a risk and needs assessment system. Describes the system. Provides that a committed person shall be assigned to an institution or facility of the Department that is located within 200 miles of his or her residence immediately before the committed person's admission to the Department. Provides that a committed person who successfully completes evidence-based recidivism reduction programming or productive activities shall receive additional sentence credits. Prohibits handcuffs, shackles, or restraints of any kind to be used on new mothers for 3 months after delivery. Provides that a person at least 60 years of age who has served at least two-thirds of his or her sentence may petition the Department for participation in an atonement and restorative justice program prepared by the Department. Amends the County Jail Act to make conforming changes.
LRB101 19413 RLC 68885 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4797 LRB101 19413 RLC 68885 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Illinois
First Step Act.
Section 5. The Illinois Identification Card Act is amended
by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of

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his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.

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(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a committed person upon release
on parole, mandatory supervised release, aftercare release,
final discharge, or pardon from the Department of Corrections
or Department of Juvenile Justice, if the released person
presents a certified copy of his or her birth certificate,
social security card or other documents authorized by the
Secretary, and 2 documents proving his or her Illinois
residence address. Documents proving residence address may
include any official document of the Department of Corrections
or the Department of Juvenile Justice showing the released

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person's address after release and a Secretary of State
prescribed certificate of residency form, which may be executed
by Department of Corrections or Department of Juvenile Justice
personnel.
(a-25) Upon request of a person incarcerated in a
Department of Corrections facility, the Secretary of State may
issue a limited-term Illinois Identification Card valid during
the period of incarceration of the committed person in a
Department of Corrections institution or facility. The
Secretary of State shall issue a limited-term Illinois
Identification Card valid for 90 days to a committed person
upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice, if
the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed verification form completed by
the Department of Corrections or Department of Juvenile
Justice, verifying the released person's date of birth and
social security number and 2 documents proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. Documents
proving residence address shall include any official document
of the Department of Corrections or the Department of Juvenile

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Justice showing the person's address after release and a
Secretary of State prescribed certificate of residency, which
may be executed by Department of Corrections or Department of
Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a standard
Illinois Identification Card shall be issued. A limited-term
Illinois Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social security
card, or other documents authorized by the Secretary, and a
document proving his or her Illinois residence address. The
Secretary of State shall issue a standard Illinois
Identification Card to a person no sooner than 14 days prior to
his or her conditional release or absolute discharge if
personnel from the Department of Human Services bring the
person to a Secretary of State location with the required
documents. Documents proving residence address may include any
official document of the Department of Human Services showing
the person's address after release and a Secretary of State

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prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person upon
conditional release or absolute discharge from the custody of
the Department of Human Services, if the person is unable to
present a certified copy of his or her birth certificate and
social security card or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, and a document proving his or her Illinois
residence address. The verification form must have been
completed no more than 30 days prior to the date of application
for the Illinois Identification Card. The Secretary of State
shall issue a limited-term Illinois Identification Card to a
person no sooner than 14 days prior to his or her conditional
release or absolute discharge if personnel from the Department
of Human Services bring the person to a Secretary of State
location with the required documents. Documents proving
residence address shall include any official document of the
Department of Human Services showing the person's address after
release and a Secretary of State prescribed verification form,
which may be executed by personnel of the Department of Human
Services.
(b) The Secretary of State shall issue a special Illinois

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Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used

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in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.

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An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to

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which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers

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and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 16-1 and 16-25 as follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the

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owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as
would reasonably induce him or her to believe that the
property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which any law
enforcement officer or any individual acting in behalf of a
law enforcement agency explicitly represents to the person
as being stolen or represents to the person such
circumstances as would reasonably induce the person to
believe that the property was stolen, and
(A) Intends to deprive the owner permanently of the
use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $2,000 $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $2,000 $500 in value is a Class 4 felony if the

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theft was committed in a school or place of worship or if
the theft was of governmental property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $2,000 $500
in value who has been previously convicted of felony any
type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, home
invasion, forgery, a violation of Section 4-103, 4-103.1,
4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
to the possession of a stolen or converted motor vehicle,
or a violation of Section 17-36 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 8 of the
Illinois Credit Card and Debit Card Act is guilty of a
Class 4 felony.
(3) (Blank).
(4) Theft of property from the person not exceeding
$2,000 $500 in value, or theft of property exceeding $2,000
$500 and not exceeding $10,000 in value, is a Class 3
felony.
(4.1) Theft of property from the person not exceeding
$2,000 $500 in value, or theft of property exceeding $2,000
$500 and not exceeding $10,000 in value, is a Class 2
felony if the theft was committed in a school or place of
worship or if the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.

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(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in value is
a Class X felony if the theft was committed in a school or
place of worship or if the theft was of governmental
property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.
(6.3) Theft of property exceeding $1,000,000 in value
is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older or a person with a
disability is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $500.

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(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or
security deposit obtained exceeds $500 and does not exceed
$10,000.
(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.
(11) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Theft by lessee; permissive inference. The trier of
fact may infer evidence that a person intends to deprive the

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owner permanently of the use or benefit of the property (1) if
a lessee of the personal property of another fails to return it
to the owner within 10 days after written demand from the owner
for its return or (2) if a lessee of the personal property of
another fails to return it to the owner within 24 hours after
written demand from the owner for its return and the lessee had
presented identification to the owner that contained a
materially fictitious name, address, or telephone number. A
notice in writing, given after the expiration of the leasing
agreement, addressed and mailed, by registered mail, to the
lessee at the address given by him and shown on the leasing
agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person
obtains by deception control over property. The trier of fact
may infer that a person "knowingly obtains by deception control
over property of the owner" when he or she fails to return,
within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a
promise, oral or in writing, to perform services for the owner
for consideration of $3,000 or more, and the promisor knowingly
without good cause failed to substantially perform pursuant to
the agreement after taking a down payment of 10% or more of the
agreed upon consideration. This provision shall not apply where
the owner initiated the suspension of performance under the
agreement, or where the promisor responds to the notice within
the 45-day notice period. A notice in writing, addressed and

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mailed, by registered mail, to the promisor at the last known
address of the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
that the offender has an interest therein, when the owner
also has an interest to which the offender is not entitled.
(2) Where the property involved is that of the
offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as
man and wife and were living in separate abodes at the time
of the alleged theft.
(Source: P.A. 101-394, eff. 1-1-20.)
(720 ILCS 5/16-25)
Sec. 16-25. Retail theft.
(a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or
causes to be carried away or transferred any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment with the intention of retaining
such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of
such merchandise without paying the full retail value of
such merchandise; or
(2) Alters, transfers, or removes any label, price tag,
marking, indicia of value or any other markings which aid

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in determining value affixed to any merchandise displayed,
held, stored or offered for sale in a retail mercantile
establishment and attempts to purchase such merchandise at
less than the full retail value with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(3) Transfers any merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment
from the container in or on which such merchandise is
displayed to any other container with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(4) Under-rings with the intention of depriving the
merchant of the full retail value of the merchandise; or
(5) Removes a shopping cart from the premises of a
retail mercantile establishment without the consent of the
merchant given at the time of such removal with the
intention of depriving the merchant permanently of the
possession, use or benefit of such cart; or
(6) Represents to a merchant that he, she, or another
is the lawful owner of property, knowing that such
representation is false, and conveys or attempts to convey
that property to a merchant who is the owner of the
property in exchange for money, merchandise credit or other
property of the merchant; or
(7) Uses or possesses any theft detection shielding

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device or theft detection device remover with the intention
of using such device to deprive the merchant permanently of
the possession, use or benefit of any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail
value of such merchandise; or
(8) Obtains or exerts unauthorized control over
property of the owner and thereby intends to deprive the
owner permanently of the use or benefit of the property
when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the
full retail value of such property to the lessor in
satisfaction of any contractual provision requiring such,
within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of
the leasing agreement, by registered mail, to the lessee at
the address given by the lessee and shown on the leasing
agreement shall constitute proper demand.
(b) Theft by emergency exit. A person commits theft by
emergency exit when he or she commits a retail theft as defined
in subdivisions (a)(1) through (a)(8) of this Section and to
facilitate the theft he or she leaves the retail mercantile
establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or her
belongings unpurchased merchandise displayed, held, stored

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or offered for sale in a retail mercantile establishment;
and
(2) removes that merchandise beyond the last known
station for receiving payments for that merchandise in that
retail mercantile establishment,
then the trier of fact may infer that the person possessed,
carried away or transferred such merchandise with the intention
of retaining it or with the intention of depriving the merchant
permanently of the possession, use or benefit of such
merchandise without paying the full retail value of such
merchandise.
To "conceal" merchandise means that, although there may be
some notice of its presence, that merchandise is not visible
through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as
part of a continuing course of conduct in different
jurisdictions that have been aggregated in one jurisdiction may
be prosecuted in any jurisdiction in which one or more of the
thefts occurred.
(e) For the purposes of this Section, "theft detection
shielding device" means any laminated or coated bag or device
designed and intended to shield merchandise from detection by
an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
(a)(6) and (a)(8) of this Section, the full retail value of

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which does not exceed $2,000 $300 for property other than
motor fuel or $150 for motor fuel, is a Class A
misdemeanor. A violation of subdivision (a)(7) of this
Section is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense. Theft by
emergency exit of property, the full retail value of which
does not exceed $2,000 $300, is a Class 4 felony.
(2) A person who has been convicted of retail theft of
property under any of subdivisions (a)(1) through (a)(6)
and (a)(8) of this Section, the full retail value of which
does not exceed $2,000 $300 for property other than motor
fuel or $150 for motor fuel, and who has been previously
convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools, home invasion, unlawful use of a credit card, or
forgery is guilty of a Class 4 felony. A person who has
been convicted of theft by emergency exit of property, the
full retail value of which does not exceed $2,000 $300, and
who has been previously convicted of felony any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
unlawful use of a credit card, or forgery is guilty of a
Class 3 felony.
(3) Any retail theft of property under any of
subdivisions (a)(1) through (a)(6) and (a)(8) of this
Section, the full retail value of which exceeds $2,000 $300

HB4797 - 22 - LRB101 19413 RLC 68885 b
for property other than motor fuel or $150 for motor fuel
in a single transaction, or in separate transactions
committed by the same person as part of a continuing course
of conduct from one or more mercantile establishments over
a period of one year, is a Class 3 felony. Theft by
emergency exit of property, the full retail value of which
exceeds $2,000 $300 in a single transaction, or in separate
transactions committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments over a period of one year, is a Class 2
felony. When a charge of retail theft of property or theft
by emergency exit of property, the full value of which
exceeds $2,000 $300, is brought, the value of the property
involved is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding $2,000
$300.
(Source: P.A. 97-597, eff. 1-1-12.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by adding Section 116-2.2 as follows:
(725 ILCS 5/116-2.2 new)
Sec. 116-2.2. Motion to resentence; statutory penalty
reduction.
(a) A motion may be filed with the trial court that entered
the judgment of conviction in a defendant's case at any time

HB4797 - 23 - LRB101 19413 RLC 68885 b
following the entry of a guilty verdict or a finding of guilt
for any offense under the Criminal Code of 1961 or the Criminal
Code of 2012 or a similar local ordinance by the defendant
provided:
(1) the motion clearly states the penalty for the
offense for which the defendant was found guilty or
convicted has been amended or changed and became effective
after his or her plea of guilty or conviction, which
includes but is not limited to:
(A) reduces the minimum or maximum sentence for the
offense;
(B) grants the court more discretion over the range
of penalties available for the offense;
(C) the underlying conduct relating to the offense
was decriminalized; or
(D) other instances in which the penalties
associated with the offense or conduct underlying the
offense were reduced in any way; and
(2) at least 30 days' notice of the motion shall be
served upon the State's Attorney. If the State's Attorney
files a response objecting to the motion, the court shall
schedule a hearing on the objections within 30 to 60 days
of the filing of the motion.
(b) If the petitioner's motion under this Section
accurately reflects that the conditions described in paragraph
(1) of subsection (a) are present at the time of the hearing on

HB4797 - 24 - LRB101 19413 RLC 68885 b
the motion by the court and the State's Attorney does not file
a response objecting to the motion or the court rules against
the State's Attorney's objections, the court must reduce the
penalty imposed on the defendant so that it is consistent with
the penalty the defendant would have received if the law in
effect at the time of the hearing on the motion by the court
was in effect at the time the offense was committed. The court
may take any additional action it deems appropriate under the
circumstances.
Section 20. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-4-3, 3-6-1, 3-6-3, 3-6-7, 3-7-2,
3-7-2a, 3-8-4, 3-14-4, and 5-4-1 and by adding Sections
3-2-2.5, 3-2-2.6, 3-2-2.7, 3-2-2.8, and 3-14-1.1 and Article 8B
of Chapter V as follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under

HB4797 - 25 - LRB101 19413 RLC 68885 b
the supervision of the Department of Juvenile Justice.
(a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
(i) A violation of any of the following Sections of the
Criminal Code of 1961 or the Criminal Code of 2012: 10-7
(aiding or abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of
an adult), 11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.1B or 11-20.3 (aggravated child
pornography), 11-1.40 or 12-14.1 (predatory criminal
sexual assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
12-14 (aggravated criminal sexual assault), 11-1.60 or
12-16 (aggravated criminal sexual abuse), and subsection
(a) of Section 11-1.50 or subsection (a) of Section 12-15
(criminal sexual abuse). An attempt to commit any of these

HB4797 - 26 - LRB101 19413 RLC 68885 b
offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012 when
the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any

HB4797 - 27 - LRB101 19413 RLC 68885 b
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
(c-10) "Content-controlled tablet" means any device that
can only access visitation applications or content relating to
educational or personal development.
(d) "Correctional institution or facility" means any
building or part of a building where committed persons are kept
in a secured manner.
(e) "Department" means both the Department of Corrections
and the Department of Juvenile Justice of this State, unless
the context is specific to either the Department of Corrections
or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and
the Director of Juvenile Justice, unless the context is
specific to either the Director of Corrections or the Director
of Juvenile Justice.
(f-5) (Blank).

HB4797 - 28 - LRB101 19413 RLC 68885 b
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(h-5) "Dyslexia" means an unexpected difficulty in reading
for an individual who has the intelligence to be a much better
reader, most commonly caused by a difficulty in the
phonological processing (the appreciation of the individual
sounds of spoken language), which affects the ability of an
individual to speak, read, and spell.
(h-10) "Dyslexia screening program" means a screening
program for dyslexia that is:
(1) evidence-based (as defined in Section 8101(21) of
the Elementary and Secondary Education Act of 1965 with
proven psychometrics for validity;
(2) efficient and low-cost; and
(3) readily available.
(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(i-5) "Evidence-based recidivism reduction program" means
either a group or individual activity that:
(1) has been shown by empirical evidence to reduce
recidivism or is based on research indicating that it is

HB4797 - 29 - LRB101 19413 RLC 68885 b
likely to be effective in reducing recidivism;
(2) is designed to help committed persons succeed in
their communities upon release from a Department
institution or facility; and
(3) may include:
(A) social learning and communication,
interpersonal, anti-bullying, rejection response, and
other life skills;
(B) family relationship building, structured
parent-child interaction, and parenting skills;
(C) classes on morals or ethics;
(D) academic classes;
(E) cognitive behavioral treatment;
(F) mentoring;
(G) substance abuse treatment;
(H) vocational training;
(I) faith-based classes or services;
(J) civic engagement and re-integrative community
services;
(K) a correctional institution job, including
through an Illinois Correctional Industries program;
(L) victim impact classes or other restorative
justice programs; and
(M) trauma counseling and trauma-informed support
programs.
(j) "Furlough" means an authorized leave of absence from

HB4797 - 30 - LRB101 19413 RLC 68885 b
the Department of Corrections for a designated purpose and
period of time.
(j-5) "Mentoring, reentry, and spiritual services" means a
prerelease custody into which a committed person is placed and
may not include a condition prohibiting the committed person
from receiving mentoring, reentry, or spiritual services from a
person who provided those services to the committed person
while the committed person was incarcerated, except that the
chief administrative officer of the correctional institution
or facility at which the committed person was incarcerated may
waive the requirement under this paragraph if the chief
administrative officer finds that the provision of such
services would pose a significant security risk to the
committed person, persons who provide such services, or any
other person. The chief administrative officer shall provide
written notice of any such waiver to the person providing such
services and to the committed person.
(k) "Parole" means the conditional and revocable release of
a person committed to the Department of Corrections under the
supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain

HB4797 - 31 - LRB101 19413 RLC 68885 b
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear and
decide the time of aftercare release for persons committed to
the Department of Juvenile Justice under the Juvenile Court Act
of 1987 to hear requests and make recommendations to the
Governor with respect to pardon, reprieve or commutation, to
set conditions for parole, aftercare release, and mandatory
supervised release and determine whether violations of those
conditions justify revocation of parole or release, and to
assume all other functions previously exercised by the Illinois
Parole and Pardon Board.
(l-5) "Productive activity" means either a group or
individual activity that is designed to allow committed persons
determined as having a minimum or low risk of recidivating to
remain productive and thereby maintain a minimum or low risk of
recidivating, and may include the delivery of the programs
described in subsection (i-5) to other committed persons.
(l-10) "Risk and needs assessment tool" means an objective
and statistically validated method through which information
is collected and evaluated to determine:
(1) as part of the intake process, the risk that a
committed person will recidivate upon release from the
correctional institution or facility;
(2) the recidivism reduction programs that will best
minimize the risk that the committed person will recidivate
upon release from the correctional institution or

HB4797 - 32 - LRB101 19413 RLC 68885 b
facility; and
(3) the periodic reassessment of risk that a committed
person will recidivate upon release from the correctional
institution or facility, based on factors including
indicators of progress and of regression, that are dynamic
and that can reasonably be expected to change while in the
correctional institution or facility.
(l-15) "System" means the risks and needs assessment system
established by this amendatory Act of the 101st General
Assembly.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
(1) a pardon from the Governor stating that such pardon
is issued on the ground of innocence of the crime for which
he or she was imprisoned; or
(2) a certificate of innocence from the Circuit Court

HB4797 - 33 - LRB101 19413 RLC 68885 b
as provided in Section 2-702 of the Code of Civil
Procedure.
(Source: P.A. 100-198, eff. 1-1-18.)
(730 ILCS 5/3-2-2.5 new)
Sec. 3-2-2.5. Duties of the Director of Corrections;
reduction of recidivism.
(a) The Director of Corrections shall carry out this
Section in consultation with:
(1) the Director of Juvenile Justice;
(2) the Director of the Administrative Office of the
Illinois Courts;
(3) the Executive Director of the Illinois Sentencing
Policy Advisory Council;
(4) the Executive Director of the Illinois Criminal
Justice Information Authority; and
(5) the Independent Review Committee authorized by
Section 3-2-2.7.
(b) The Director of Corrections shall:
(1) conduct a review of the existing committed person
risk and needs assessment systems in operation on the
effective date of this amendatory Act of the 101st General
Assembly;
(2) develop recommendations regarding evidence-based
recidivism reduction programs and productive activities in
accordance with Section 3-2-2.6;

HB4797 - 34 - LRB101 19413 RLC 68885 b
(3) conduct ongoing research and data analysis on:
(A) evidence-based recidivism reduction programs
relating to the use of committed person risk and needs
assessment tools;
(B) the most effective and efficient uses of those
programs;
(C) which evidence-based recidivism reduction
programs are the most effective at reducing
recidivism, and the type, amount, and intensity of
programming that most effectively reduces the risk of
recidivism; and
(D) products purchased by State agencies that are
manufactured in other states or foreign countries and
could be manufactured by committed persons
participating in a correctional institution or
facility work program without reducing job
opportunities for other workers in this State;
(4) on an annual basis, review and validate the risk
and needs assessment system, which review shall include:
(A) any subsequent changes to the risk and needs
assessment system made after the effective date of this
amendatory Act of the 101st General Assembly General
Assembly;
(B) the recommendations developed under paragraph
(2), using the research conducted under paragraph (3);
(C) an evaluation to ensure that the risk and needs

HB4797 - 35 - LRB101 19413 RLC 68885 b
assessment system bases the assessment of each
committed person's risk of recidivism on indicators of
progress, and of regression that are dynamic and that
can reasonably be expected to change while in the
correctional institution or facility;
(D) statistical validation of any tools that the
risk and needs assessment system uses; and
(E) an evaluation of the rates of recidivism among
similarly classified committed persons to identify any
unwarranted disparities, including disparities among
similarly classified committed persons of different
demographic groups, in such rates;
(5) make any revisions or updates to the risk and needs
assessment system that the Director of Corrections
determines appropriate under the review under paragraph
(4), including updates to ensure that any disparities
identified in paragraph (4)(E) are reduced to the greatest
extent possible; and
(6) report to the General Assembly in accordance with
Section 3-2-2.8.
(730 ILCS 5/3-2-2.6 new)
Sec. 3-2-2.6. Development of risk and needs assessment
system.
(a) Not later than 2 years after the effective date of this

HB4797 - 36 - LRB101 19413 RLC 68885 b
amendatory Act of the 101st General Assembly, the Director of
Corrections, in consultation with the Independent Review
Committee created in Section 3-2-2.7, shall develop and release
publicly on the Department of Corrections website a risk and
needs assessment system, which shall be used to:
(1) determine the recidivism risk of each committed
person as part of the intake process, and classify each
committed person as having minimum, low, medium, or high
risk for recidivism;
(2) assess and determine, to the extent practicable,
the risk of violent or serious misconduct of each committed
person;
(3) determine the type and amount of evidence-based
recidivism reduction programming that is appropriate for
each committed person and assign each committed person to
such programming accordingly, based on the committed
person's specific criminogenic needs, and in accordance
with subsection (b);
(4) reassess the recidivism risk of each committed
person periodically, based on factors including indicators
of progress, and of regression, that are dynamic and that
can reasonably be expected to change while in the
correctional institution or facility;
(5) reassign the committed person to appropriate
evidence-based recidivism reduction programs or productive
activities based on the revised determination to ensure

HB4797 - 37 - LRB101 19413 RLC 68885 b
that:
(A) all committed persons at each risk level have a
meaningful opportunity to reduce their classification
during the period of incarceration;
(B) to address the specific criminogenic needs of
the committed person; and
(C) all committed persons are able to successfully
participate in those programs;
(6) determine when to provide incentives and rewards
for successful participation in evidence-based recidivism
reduction programs or productive activities in accordance
with subsection (e);
(7) determine when a committed person is ready to
transfer into prerelease custody or supervised release
under Section; and
(8) determine the appropriate use of audio technology
for program course materials with an understanding of
dyslexia. In carrying out this paragraph, the Director of
Corrections may use existing risk and needs assessment
tools, as appropriate.
(b) The system shall provide guidance on the type, amount, and
intensity of evidence-based recidivism reduction
programming and productive activities that shall be
assigned for each committed person, including:
(1) programs in which the Department of Corrections
shall assign the committed person to participate,

HB4797 - 38 - LRB101 19413 RLC 68885 b
according to the committed person's specific criminogenic
needs; and
(2) information on the best ways that the Department of
Corrections can tailor the programs to the specific
criminogenic needs of each committed person so as to most
effectively lower each committed person's risk of
recidivism.
(c) The system shall provide guidance on program grouping
and housing assignment determinations and, after accounting
for the safety of each committed person and other individuals
at the correctional institution or facility, provide that
committed persons with a similar risk level be grouped together
in housing and assignment decisions to the extent practicable.
(d) The system shall provide incentives and rewards for
committed persons to participate in and complete
evidence-based recidivism reduction programs as follows:
(1) A committed person who is successfully
participating in an evidence-based recidivism reduction
program shall receive:
(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day,
and up to 510 minutes per month; and
(B) additional time for visitation at the
correctional institution or facility, as determined by
the chief administrative officer of the correctional
institution or facility.

HB4797 - 39 - LRB101 19413 RLC 68885 b
(2) A committed person who is successfully
participating in an evidence-based recidivism reduction
program shall be considered by the Department of
Corrections for placement in a correctional institution or
facility closer to the committed person's release
residence upon request from the committed person and
subject to:
(A) bed availability at the transfer correctional
institution or facility;
(B) the committed person's security designation;
and
(C) the recommendation from the chief
administrative officer of the correctional institution
or facility at which the committed person is
incarcerated at the time of making the request.
(3) The Director of Corrections shall develop
additional policies to provide appropriate incentives for
successful participation and completion of evidence-based
recidivism reduction programming. The incentives shall
include not less than 2 of the following:
(A) Increased commissary spending limits and
product offerings.
(B) Extended opportunities to access the email
system.
(C) Consideration of transfer to preferred housing
units (including transfer to different prison

HB4797 - 40 - LRB101 19413 RLC 68885 b
facilities).
(D) Other incentives solicited from committed
persons and determined appropriate by the Director.
(4) A committed person who successfully participates
in evidence-based recidivism reduction programming or
productive activities shall receive periodic risk
reassessments not less often than annually, and a committed
person determined to be at a medium or high risk of
recidivating and who has less than 5 years until his or her
projected release date shall receive more frequent risk
reassessments. If the reassessment shows that the
committed person's risk of recidivating or specific needs
have changed, the Department of Corrections shall update
the determination of the committed person's risk of
recidivating or information regarding the committed
person's specific needs and reassign the committed person
to appropriate evidence-based recidivism reduction
programming or productive activities based on such
changes.
(5) The incentives described in this subsection (d)
shall be in addition to any other rewards or incentives for
which a committed person may be eligible.
(e) The Director of Corrections shall develop guidelines
for the reduction of rewards and incentives earned under
subsection (d) for committed persons who violate correctional
institution or facility rules or evidence-based recidivism

HB4797 - 41 - LRB101 19413 RLC 68885 b
reduction program or productive activity rules, which shall
provide:
(1) general levels of violations and resulting
reductions;
(2) that any reduction that includes the loss of
sentence credits shall require written notice to the
committed person, shall be limited to sentence credits that
a committed person earned as of the date of the committed
person's rule violation, and shall not include any future
sentence credits that the committed person may earn; and
(3) for a procedure to restore sentence credits that a
committed person lost as a result of a rule violation,
based on the committed person's individual progress after
the date of the rule violation.
(f) The Director of Corrections shall develop and implement
training programs for Department of Corrections officers and
employees responsible for administering the system, which
shall include:
(1) initial training to educate officers and employees
on how to use the system in an appropriate and consistent
manner, as well as the reasons for using the system;
(2) continuing education;
(3) periodic training updates; and
(4) a requirement that such officers and employees
demonstrate competence in administering the system,
including interrater reliability, on a biannual basis.

HB4797 - 42 - LRB101 19413 RLC 68885 b
(g) In order to ensure that the Department of Corrections
is using the system in an appropriate and consistent manner,
the Director of Corrections shall monitor and assess the use of
the system, which shall include conducting annual audits of the
Department of Corrections regarding the use of the system.
(h) The Director of Corrections shall incorporate a
dyslexia screening program into the system, including by
screening for dyslexia during:
(1) the intake process; and
(2) each periodic risk reassessment of a committed
person.
The Director of Corrections shall incorporate programs
designed to treat dyslexia into the evidence-based recidivism
reduction programs or productive activities required to be
implemented under this Section. he Director of Corrections may
also incorporate programs designed to treat other learning
disabilities.
(i) Beginning on the date that is 2 years after the
effective date of this amendatory Act of the 101st General
Assembly and annually thereafter for a period of 5 years, the
Director of Corrections shall submit a report to the General
Assembly that contains the following:
(1) A summary of the activities and accomplishments of
the Director of Corrections in carrying out this amendatory
Act of the 101st General Assembly.
(2) A summary and assessment of the types and

HB4797 - 43 - LRB101 19413 RLC 68885 b
effectiveness of the evidence-based recidivism reduction
programs and productive activities in institutions and
facilities operated by the Department of Corrections,
including:
(A) evidence about which programs have been shown
to reduce recidivism;
(B) the capacity of each program and activity at
each correctional institution or facility, including
the number of committed persons along with the
recidivism risk of each committed person enrolled in
each program; and
(C) identification of any gaps or shortages in
capacity of those programs and activities.
(3) Rates of recidivism among individuals who have been
released from a correctional institution or facility,
based on the following criteria:
(A) the primary offense of conviction;
(B) the length of the sentence imposed and served;
(C) the Department of Corrections correctional
institution or facility in which the committed
person's sentence was served;
(D) the evidence-based recidivism reduction
programming that the committed person successfully
completed, if any;
(E) the committed person's assessed and reassessed
risk of recidivism; and

HB4797 - 44 - LRB101 19413 RLC 68885 b
(F) the productive activities that the committed
person successfully completed, if any.
(4) The status of correctional industries programs at
facilities operated by the Department of Corrections,
including:
(A) a strategy to expand the availability of those
programs without reducing job opportunities for
workers in this State who are not in the custody of the
Department of Corrections, including the feasibility
of committed persons manufacturing products purchased
by State agencies that are manufactured in other
states;
(B) an assessment of the feasibility of expanding
such programs, consistent with the strategy required
under subparagraph (A), with the goal that 5 years
after the effective date of this amendatory Act of the
101st General Assembly, not less than 75% of eligible
minimum-risk and low-risk offenders have the
opportunity to participate in a correctional
industries program for not less than 20 hours per week;
and
(C) a detailed discussion of legal authorities
that would be useful or necessary to achieve the goals
described in subparagraphs (A) and (B).
(5) An assessment of the Department of Corrections'
compliance with this Section.

HB4797 - 45 - LRB101 19413 RLC 68885 b
(6) An assessment of progress made toward carrying out
the purposes of this amendatory Act of the 101st General
Assembly, including any savings associated with:
(A) the transfer of committed persons into
prerelease custody or supervised release under Article
8B of Chapter V, including savings resulting from the
avoidance or deferral of future construction,
acquisition, and operations costs; and
(B) any decrease in recidivism that may be
attributed to the system or the increase in
evidence-based recidivism reduction programs required
under this Section.
(7) An assessment of budgetary savings resulting from
this Section, including:
(A) a summary of the amount of savings resulting
from the transfer of committed persons into prerelease
custody under Article 8B of Chapter V, including
savings resulting from the avoidance or deferral of
future construction, acquisition, or operations costs;
(B) a summary of the amount of savings resulting
from any decrease in recidivism that may be attributed
to the implementation of the risk and needs assessment
system or the increase in recidivism reduction
programs and productive activities required by Article
8B of Chapter V;
(C) a strategy to reinvest the savings described in

HB4797 - 46 - LRB101 19413 RLC 68885 b
subparagraphs (A) and (B) in other:
(i) State and local law enforcement
activities; and
(ii) expansions of recidivism reduction
programs and productive activities in the
Department of Corrections; and
(D) a description of how the reduced expenditures
on State corrections and the budgetary savings
resulting from the implementation of Article 8B of
Chapter V are currently being used and will be used
to:
(i) increase investment in law enforcement and
crime prevention to combat gangs of national
significance and high-level drug traffickers
through drug task forces;
(ii) hire, train, and equip law enforcement
officers and prosecutors; and
(iii) promote crime reduction programs using
evidence-based practices and strategic planning to
help reduce crime and criminal recidivism.
(8) Statistics on:
(A) the prevalence of dyslexia among committed
persons in correctional institutions and facilities
operated by the Department of Corrections; and
(B) any change in the effectiveness of dyslexia
mitigation programs among such committed persons that

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may be attributed to the incorporation of dyslexia
screening into the system and of dyslexia treatment
into the evidence-based recidivism reduction programs,
as required under this Section.
(j) In order to expand evidence-based recidivism reduction
programs and productive activities, the Director of
Corrections shall develop policies for the chief
administrative officer of each correctional institution or
facility of the Department of Corrections to enter into
partnerships, subject to the availability of appropriations,
with any of the following:
(1) Nonprofit and other private organizations,
including faith-based, art, and community-based
organizations that will deliver recidivism reduction
programming on a paid or volunteer basis.
(2) Public institutions of higher education as defined
in Section 1 of the Board of Higher Education Act that will
deliver instruction on a paid or volunteer basis.
(3) Private entities that:
(A) deliver vocational training and
certifications;
(B) provide equipment to facilitate vocational
training or employment opportunities for committed
persons;
(C) employ committed persons; or
(D) assist committed persons in prerelease custody

HB4797 - 48 - LRB101 19413 RLC 68885 b
or supervised release in finding employment.
(k) The Director of Corrections shall provide each
committed persons with the opportunity to actively participate
in evidence-based recidivism reduction programs or productive
activities, according to his or her specific criminogenic
needs, throughout his or her entire term of incarceration.
Priority for participation in recidivism reduction programs
shall be given to medium-risk and high-risk committed persons,
with access to productive activities given to minimum-risk and
low-risk committed persons.
(l) The Director of Corrections shall ensure there is
sufficient prerelease custody capacity to accommodate all
eligible committed persons.
(730 ILCS 5/3-2-2.7 new)
Sec. 3-2-2.7. Independent Review Committee.
(a) The Director of Corrections shall consult with an
Independent Review Committee in carrying out the Director of
Corrections's duties under Sections 3-2-2.5 through 3-2-2.8.
The Illinois Sentencing Policy Advisory Council shall select a
nonpartisan and nonprofit organization with expertise in the
study and development of risk and needs assessment tools to
host the Independent Review Committee.
(b) The Independent Review Committee shall be established
not later than 30 days after the effective date of this
amendatory Act of the 101st General Assembly.

HB4797 - 49 - LRB101 19413 RLC 68885 b
(c) The organization selected by the Illinois Sentencing
Policy Advisory Council shall appoint not fewer than 6 members
to the Independent Review Committee.
(d) The members of the Independent Review Committee shall
all have expertise in risk and needs assessment systems and
shall include:
(1) 2 individuals who have published peer-reviewed
scholarship about risk and needs assessments in both
corrections and community settings;
(2) 2 corrections practitioners who have developed and
implemented a risk assessment tool in a corrections system
or in a community supervision setting, including one with
prior experience working within the Department of
Corrections; and
(3) one individual with expertise in assessing risk
assessment implementation.
(e) The Independent Review Committee shall assist the
Director of Corrections in carrying out the Director of
Corrections's duties under Sections 3-2-2.5 through 3-2-2.8,
including by assisting in:
(1) conducting a review of the existing committed
person risk and needs assessment systems in operation on
the effective date of this amendatory Act of the 101st
General Assembly;
(2) developing recommendations regarding
evidence-based recidivism reduction programs and

HB4797 - 50 - LRB101 19413 RLC 68885 b
productive activities;
(3) conducting research and data analysis on:
(A) evidence-based recidivism reduction programs
relating to the use of committed person risk and needs
assessment tools;
(B) the most effective and efficient uses of such
programs; and
(C) which evidence-based recidivism reduction
programs are the most effective at reducing
recidivism, and the type, amount, and intensity of
programming that most effectively reduces the risk of
recidivism; and
(4) reviewing and validating the risk and needs
assessment system.
Each member of the Independent Review Committee shall serve
for a period of 3 years or until the risk and needs assessment
tools are implemented by the Department of Corrections,
whichever occurs first.
(f) The Director of Corrections shall assist the
Independent Review Committee in performing the Committee's
duties and promptly respond to requests from the Committee for
access to Department of Corrections facilities, personnel, and
information.
(g) The risk and needs assessment tools shall be developed
and implemented within 2 years after the effective date of this
amendatory Act of the 101st General Assembly. One year after

HB4797 - 51 - LRB101 19413 RLC 68885 b
the implementation of the needs and risk assessment tools for
the Department of Corrections, the Independent Review
Committee shall be dissolved.
(730 ILCS 5/3-2-2.8 new)
Sec. 3-2-2.8. Evidence-based recidivism reduction program
and recommendations.
(a) Prior to releasing the system, in consultation with the
Independent Review Committee, the Director of Corrections
shall:
(1) review the effectiveness of evidence-based
recidivism reduction programs that exist as of the
effective date of this amendatory Act of the 101st General
Assembly in correctional institutions or facilities
operated by the Department of Corrections;
(2) review available information regarding the
effectiveness of evidence-based recidivism reduction
programs and productive activities that exist in
State-operated correctional institutions or facilities
throughout this State;
(3) identify the most effective evidence-based
recidivism reduction programs;
(4) review the policies for entering into
evidence-based recidivism reduction partnerships; and
(5) direct the Department of Corrections regarding:
(A) evidence-based recidivism reduction programs;

HB4797 - 52 - LRB101 19413 RLC 68885 b
(B) the ability for faith-based organizations to
function as a provider of educational evidence-based
programs outside of the religious classes and services
provided through the Chaplaincy; and
(C) the addition of any new effective
evidence-based recidivism reduction programs that the
Director of Corrections finds.
(b) In carrying out subsection (a), the Director of
Corrections shall consider the prevalence and mitigation of
dyslexia in correctional institutions and facilities of the
Department, including by:
(1) reviewing statistics on the prevalence of
dyslexia, and the effectiveness of any programs
implemented to mitigate the effects of dyslexia, in
correctional institutions and facilities operated by the
Department of Corrections; and
(2) incorporating the findings of the Director of
Corrections under paragraph (1) of this subsection (b) into
any directives given to the Department of Corrections under
paragraph (5) of subsection (a).
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
Sec. 3-4-3. Funds and Property of Persons Committed.
(a) The Department of Corrections and the Department of
Juvenile Justice shall establish accounting records with
accounts for each person who has or receives money while in an

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institution or facility of that Department and it shall allow
the withdrawal and disbursement of money by the person under
rules and regulations of that Department. Any interest or other
income from moneys deposited with the Department by a resident
of the Department of Juvenile Justice in excess of $200 shall
accrue to the individual's account, or in balances up to $200
shall accrue to the Residents' Benefit Fund. For an individual
in an institution or facility of the Department of Corrections
the interest shall accrue to the Residents' Benefit Fund. The
Department shall disburse all moneys so held no later than the
person's final discharge from the Department. Moneys in the
account of a committed person who files a lawsuit determined
frivolous under Article XXII of the Code of Civil Procedure
shall be deducted to pay for the filing fees and cost of the
suit as provided in that Article. The Department shall under
rules and regulations record and receipt all personal property
not allowed to committed persons. The Department shall return
such property to the individual no later than the person's
release on parole or aftercare.
(b) Any money held in accounts of committed persons
separated from the Department by death, discharge, or
unauthorized absence and unclaimed for a period of 1 year
thereafter by the person or his legal representative shall be
transmitted to the State Treasurer who shall deposit it into
the General Revenue Fund. Articles of personal property of
persons so separated may be sold or used by the Department if

HB4797 - 54 - LRB101 19413 RLC 68885 b
unclaimed for a period of 1 year for the same purpose.
Clothing, if unclaimed within 30 days, may be used or disposed
of as determined by the Department.
(b-5) The Department of Corrections shall establish a
savings account for each committed person participating in the
correctional industries program under Article 12 of this
Chapter. The savings account shall be equal to 15% of the
compensation received by the committed person from
participating in the program.
(c) Forty percent of the profits on sales from commissary
stores shall be expended by the Department for the special
benefit of committed persons which shall include but not be
limited to the advancement of inmate payrolls, for the special
benefit of employees, and for the advancement or reimbursement
of employee travel, provided that amounts expended for
employees shall not exceed the amount of profits derived from
sales made to employees by such commissaries, as determined by
the Department. The remainder of the profits from sales from
commissary stores must be used first to pay for wages and
benefits of employees covered under a collective bargaining
agreement who are employed at commissary facilities of the
Department and then to pay the costs of dietary staff.
(d) The Department shall confiscate any unauthorized
currency found in the possession of a committed person. The
Department shall transmit the confiscated currency to the State
Treasurer who shall deposit it into the General Revenue Fund.

HB4797 - 55 - LRB101 19413 RLC 68885 b
(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)
(730 ILCS 5/3-6-1) (from Ch. 38, par. 1003-6-1)
Sec. 3-6-1. Institutions; facilities; and programs.
(a) The Department shall designate those institutions and
facilities which shall be maintained for persons assigned as
adults.
(b) The types, number and population of institutions and
facilities shall be determined by the needs of committed
persons for treatment and the public for protection. A
committed person shall be assigned to an institution or
facility of the Department that is located within 200 miles of
his or her residence immediately before the committed person's
admission to the Department. All institutions and programs
shall conform to the minimum standards under this Chapter.
(Source: P.A. 101-219, eff. 1-1-20.)
(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

HB4797 - 56 - LRB101 19413 RLC 68885 b
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) Except as provided in paragraph (4.7) of this
subsection (a), 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 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), the following:
(i) that a prisoner who is serving a term of

HB4797 - 57 - LRB101 19413 RLC 68885 b
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 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

HB4797 - 58 - LRB101 19413 RLC 68885 b
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 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

HB4797 - 59 - LRB101 19413 RLC 68885 b
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 aggravated
domestic battery 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

HB4797 - 60 - LRB101 19413 RLC 68885 b
(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
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) Except as provided in paragraph (4.7) of this
subsection (a), 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) Except as provided in paragraph (4.7) of this

HB4797 - 61 - LRB101 19413 RLC 68885 b
subsection (a), 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 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) Except as provided in paragraph (4.7) of this
subsection (a), 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) Except as provided in paragraph (4.7) of this
subsection (a), 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

HB4797 - 62 - LRB101 19413 RLC 68885 b
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) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
the rules and regulations shall also provide that the Director
may award up to 180 days of earned sentence 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.
Eligible inmates for an award of earned 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.
Eligibility for the additional earned sentence credit under
this paragraph (3) shall be based on, but is not limited to,
the results of any available risk/needs assessment or other
relevant assessments or evaluations administered by the
Department using a validated instrument, the circumstances of
the crime, any history of conviction for a forcible felony
enumerated in Section 2-8 of the Criminal Code of 2012, the
inmate's behavior and disciplinary history while incarcerated,
and the inmate's commitment to rehabilitation, including
participation in programming offered by the Department.
The Director shall not award sentence credit under this

HB4797 - 63 - LRB101 19413 RLC 68885 b
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 earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
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 earned
sentence credit no later than February 1 of each year. 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 earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;

HB4797 - 64 - LRB101 19413 RLC 68885 b
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this
subsection (a), 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 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

HB4797 - 65 - LRB101 19413 RLC 68885 b
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.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to the effective date of this
amendatory Act of the 101st General Assembly in an amount
specified in subparagraph (C) of this paragraph (4) to an
inmate serving a sentence for an offense committed prior to
June 19, 1998, if the Department determines that the inmate is
entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time 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 completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit that
the inmate likely engaged in any full-time substance abuse
programs, correctional industry assignments, educational
programs, behavior modification programs, life skills

HB4797 - 66 - LRB101 19413 RLC 68885 b
courses, or re-entry planning provided by the Department
under paragraph (4) and satisfactorily completed the
assigned program as determined by the standards of the
Department during the inmate's current term of
incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in excess
of 45 days of participation in those programs, the inmate shall
receive 90 days of sentence credit. If the inmate cannot
provide documentation of more than 45 days of participation
those programs, the inmate shall receive 45 days of sentence
credit. In the event of a disagreement between the Department
and the inmate as to the amount of credit accumulated under
subparagraph (B), if the Department provides documented proof
of a lesser amount of days of participation in those programs,
that proof shall control. If the Department provides no
documentary proof, the inmate's proof as set forth in clause
(ii) of subparagraph (B) shall control as to the amount of
sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph (4)
shall be awarded by the Department only if the conditions set
forth in paragraph (4.6) of subsection (a) are satisfied. No
inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this

HB4797 - 67 - LRB101 19413 RLC 68885 b
paragraph (4).
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 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) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing

HB4797 - 68 - LRB101 19413 RLC 68885 b
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 high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an additional
180 days of sentence credit shall be awarded to any prisoner
who obtains a bachelor's degree 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 under the
guidelines and restrictions set forth in paragraph (4) of this

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subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 180 days of
sentence credit to any committed person who earned a bachelor's
degree while he or she was held in pre-trial detention prior to
the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an additional
180 days of sentence credit shall be awarded to any prisoner
who obtains a master's or professional degree 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
under the guidelines and restrictions set forth in paragraph
(4) of this subsection (a). The sentence credit provided for in
this paragraph shall be available only to those prisoners who
have not previously earned a master's or professional degree
prior to the current commitment to the Department of
Corrections. If, after an award of the master's or professional
degree sentence credit has been made, the Department determines
that the prisoner was not eligible, then the award shall be

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revoked. The Department may also award 180 days of sentence
credit to any committed person who earned a master's or
professional degree 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 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
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

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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 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.
(4.7) On or after the effective date of this amendatory Act
of the 100th General Assembly, sentence credit under paragraph
(3), (4), or (4.1) of this subsection (a) may be awarded to a
prisoner who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after the effective date of this amendatory Act of the
100th General Assembly; provided, the award of the credits
under this paragraph (4.7) shall not reduce the sentence of the
prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or

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(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit 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
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,
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

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of the Department.
(6)(A) A prisoner, except for an ineligible prisoner under
subparagraph (D), who successfully completes evidence-based
recidivism reduction programming or productive activities,
shall earn sentence credits as follows:
(i) A prisoner shall earn 10 days of sentence credits
for every 30 days of successful participation in
evidence-based recidivism reduction programming or
productive activities.
(ii) A prisoner determined by the Department of
Corrections to be at a minimum or low risk for
recidivating, who, over 2 consecutive assessments, has not
increased their risk of recidivism, shall earn an
additional 5 days of sentence credits for every 30 days of
successful participation in evidence-based recidivism
reduction programming or productive activities.
(iii) A prisoner shall earn 7 days additional sentence
credits per year.
(B) A prisoner may not earn sentence credits under this
paragraph (6) for an evidence-based recidivism reduction
program that the prisoner successfully completed:
(i) prior to the effective date of this amendatory Act
of the 101st General Assembly; or
(ii) during official detention prior to the date that
the prisoner's sentence commences.
(C) Sentence credits earned under this paragraph (6) by

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prisoners who successfully participate in recidivism reduction
programs or productive activities shall be applied toward time
in prerelease custody or mandatory supervised release. The
Director of Corrections shall transfer eligible prisoners, as
determined under Section 5-8B-5, into prerelease custody or
supervised release.
(D) A prisoner who is serving a term of imprisonment for
first degree murder or for the offense of terrorism shall
receive no sentence credits under this paragraph (6).
There shall be no limits on the number of prisoners who may
participate in evidence-based recidivism reduction programming
or productive activities.
The additional sentence credits provided in this paragraph
(6) apply to prisoners who are or were committed to an
institution or facility of the Department before, on, or after
the effective date of this amendatory Act of the 101st General
Assembly.
(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 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

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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
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

HB4797 - 76 - LRB101 19413 RLC 68885 b
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
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:

HB4797 - 77 - LRB101 19413 RLC 68885 b
(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
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

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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
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. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
101-440, eff. 1-1-20.)
(730 ILCS 5/3-6-7)
Sec. 3-6-7. Pregnant female committed persons and new
mothers. Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female committed
person is brought to a hospital from an Illinois correctional
center for the purpose of delivering her baby and for at least
3 months after delivery, no handcuffs, shackles, or restraints
of any kind may be used during her transport to a medical
facility for the purpose of delivering her baby. Under no

HB4797 - 79 - LRB101 19413 RLC 68885 b
circumstances may leg irons or shackles or waist shackles be
used on any pregnant female committed person who is in labor.
Upon the pregnant female committed person's entry to the
hospital delivery room, a correctional officer must be posted
immediately outside the delivery room. The Department must
provide for adequate personnel to monitor the pregnant female
committed person during her transport to and from the hospital
and during her stay at the hospital.
(Source: P.A. 91-253, eff. 1-1-00.)
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department shall
provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials that
the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department shall
provide facilities for every committed person to leave his cell
for at least one hour each day unless the chief administrative
officer determines that it would be harmful or dangerous to the
security or safety of the institution or facility.
(d) All institutions and facilities of the Department shall

HB4797 - 80 - LRB101 19413 RLC 68885 b
provide every committed person with a wholesome and nutritional
diet at regularly scheduled hours, drinking water, clothing
adequate for the season, bedding, soap and towels and medical
and dental care.
(e) All institutions and facilities of the Department shall
permit every committed person to send and receive an unlimited
number of uncensored letters and to receive emails, provided,
however, that the Director may order that mail be inspected and
read for reasons of the security, safety or morale of the
institution or facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
in-person visitors and video contact, if available, except in
case of abuse of the visiting privilege or when the chief
administrative officer determines that such visiting would be
harmful or dangerous to the security, safety or morale of the
institution or facility. Each committed person is entitled to 7
visits per month. Every committed person may submit a list of
at least 30 persons to the Department that are authorized to
visit the committed person. The list shall be kept in an
electronic format by the Department beginning on August 1,
2019, as well as available in paper form for Department
employees. The chief administrative officer shall have the
right to restrict visitation to non-contact visits, video, or
other forms of non-contact visits for reasons of safety,
security, and order, including, but not limited to, restricting

HB4797 - 81 - LRB101 19413 RLC 68885 b
contact visits for committed persons engaged in gang activity.
No committed person in a super maximum security facility or on
disciplinary segregation is allowed contact visits. Any
committed person found in possession of illegal drugs or who
fails a drug test shall not be permitted contact visits for a
period of at least 6 months. Any committed person involved in
gang activities or found guilty of assault committed against a
Department employee shall not be permitted contact visits for a
period of at least 6 months. The Department shall offer every
visitor appropriate written information concerning HIV and
AIDS, including information concerning how to contact the
Illinois Department of Public Health for counseling
information. The Department shall develop the written
materials in consultation with the Department of Public Health.
The Department shall ensure that all such information and
materials are culturally sensitive and reflect cultural
diversity as appropriate. Implementation of the changes made to
this Section by Public Act 94-629 is subject to appropriation.
The Department shall seek the lowest possible cost to provide
video calling and shall charge to the extent of recovering any
demonstrated costs of providing video calling. The Department
shall not make a commission or profit from video calling
services. Nothing in this Section shall be construed to permit
video calling instead of in-person visitation. Under Section
3-2-2.6, the Director of Corrections shall determine whether
the statutory visitation period in this Section should be

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increased and may in his or her discretion increase that period
in the best interest of committed persons. If the Director has
established limits on the number and time periods of telephone
calls that may be made by committed persons, the Director shall
reassess the limitations and may increase the time periods and
numbers of the telephone calls that may be made by committed
persons.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
(f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department that
provides for:
(A) the number of in-person visits each committed
person is entitled to per week and per month including the
requirements of subsection (f) of this Section;
(B) the hours of in-person visits;
(C) the type of identification required for visitors at
least 18 years of age; and
(D) the type of identification, if any, required for
visitors under 18 years of age.
(2) This policy shall be posted on the Department website
and at each facility.
(3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the

HB4797 - 83 - LRB101 19413 RLC 68885 b
succeeding 5 calendar days, including those based on a lockdown
of the facility, to inform family members and other visitors.
(g) All institutions and facilities of the Department shall
permit religious ministrations and sacraments to be available
to every committed person, but attendance at religious services
shall not be required.
(h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(i) Priority shall be given to providing education,
treatment, and psychological and psychiatric counseling to
those committed persons deemed by the chief administrative
officer to be of the greatest risk of causing physical harm to
the committed person or others.
(j) If the committed person is female, feminine hygiene
products shall be furnished to the committed person without
cost.
(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
8-14-18.)
(730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
Sec. 3-7-2a. If a facility maintains a commissary or
commissaries serving inmates, the selling prices for all goods
shall be sufficient to cover the costs of the goods and an

HB4797 - 84 - LRB101 19413 RLC 68885 b
additional charge of up to 35% for tobacco products and up to
25% for non-tobacco products. The amount of the additional
charges for goods sold at commissaries serving inmates shall be
based upon the amount necessary to pay for the wages and
benefits of commissary employees who are employed in any
commissary facilities of the Department. The Department shall
determine the additional charges upon any changes in wages and
benefits of commissary employees as negotiated in the
collective bargaining agreement. If a facility maintains a
commissary or commissaries serving employees, the selling
price for all goods shall be sufficient to cover the costs of
the goods and an additional charge of up to 10%. A compliance
audit of all commissaries and the distribution of commissary
funds shall be included in the regular compliance audit of the
Department conducted by the Auditor General in accordance with
the Illinois State Auditing Act.
Items purchased for sale at any such commissary shall be
purchased, wherever possible, at wholesale costs. If a facility
maintains a commissary or commissaries as of the effective date
of this amendatory Act of the 93rd General Assembly, the
Department may not contract with a private contractor or vendor
to operate, manage, or perform any portion of the commissary
services. The Department may not enter into any such contract
for commissary services at a facility that opens subsequent to
the effective date of this amendatory Act of the 93rd General
Assembly.

HB4797 - 85 - LRB101 19413 RLC 68885 b
The correctional institution or facility that maintains a
commissary may not limit the amount of a committed person's
spending at the commissary.
(Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)
(730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4)
Sec. 3-8-4. Intradivisional Transfers.
(a) After the initial assignments under Sections 3-8-2 and
3-8-3, all transfers of committed persons to another
institution or facility shall be reviewed and approved by a
person or persons designated by the Director. The review shall
take into consideration, the distance that the family of the
committed person resides away from the correctional
institution or facility and the request of the committed person
to be reassigned to another institution or facility of the
Department. A record of each transfer and the reasons therefor
shall be included in the person's master record file.
(b) Transfers to facilities for psychiatric treatment and
care within the Department shall be made only after prior
psychiatric examination and certification to the Director that
such transfer is required. Persons in facilities for
psychiatric treatment and care within the Department shall be
reexamined at least every 6 months. Persons found to no longer
require psychiatric treatment and care shall be transferred to
other facilities of the Department.
(Source: P.A. 77-2097.)

HB4797 - 86 - LRB101 19413 RLC 68885 b
(730 ILCS 5/3-14-1.1 new)
Sec. 3-14-1.1. Pathway to Community Program.
(a) In this Section:
"Committed person" means a currently incarcerated
person who (i) is at least 60 years of age and (ii) has
served at least two-thirds of her her sentence of
imprisonment in an institution or facility of the
Department of Corrections.
"Family member" means a spouse, parent, child, or
sibling.
"Program" means the Pathway to Community Program
created in this Section.
(b) A committed person may petition the Department of
Corrections for participation in the Pathway to Community
Program as provided in this Section. If a committed person
files a petition, the Department shall make an exhaustive
effort to find and notify the victim and the family members of
the victim of the petitioner's offense.
(c) The petition shall contain a statement by the
petitioner that he or she is qualified to participate in the
Program, together with the petitioner's plans for reentry,
including, but not limited to, information about where the
petitioner will live, how the petitioner will be supported
financially, and any plans for the petitioner's ongoing medical
care if necessary. The petition may also contain supporting

HB4797 - 87 - LRB101 19413 RLC 68885 b
statements or documentation related to the factors listed in
paragraphs (1) through (7) of subsection (d) of this Section.
(d) The petition shall, in the first instance, be screened
by the Department of Corrections, who shall determine whether
to recommend that the petitioner be considered for
participation in the Program. In so doing, the Department shall
draw on information in the petition and on its own resources,
including its use of tools that assesses the petitioner's
risks, assets, and needs to determine whether the petitioner
may be released and, if so, under what specific conditions set
by the Department. Among other factors, in making this
determination the Department shall consider the following:
(1) the petitioner's successful participation in
programs designed to restore him or her to a useful and
productive life upon release (including educational
programs and programs designed to deal with substance abuse
or other issues) or, if the programs are not available,
information demonstrating that the petitioner has engaged
in self-education programs, correspondence courses, or
other self-improvement efforts;
(2) the genuine reform and changed behavior the
petitioner has demonstrated over a period of years;
(3) the petitioner's remorse for the consequences of
his or her criminal conduct;
(4) the petitioner's ability to socialize with others
in an acceptable manner;

HB4797 - 88 - LRB101 19413 RLC 68885 b
(5) the petitioner's renunciation of criminal activity
and gang affiliation if the petitioner was a member of a
gang;
(6) an appropriate plan for living arrangements,
financial support, and any medical care that will be needed
when the petitioner returns to society; and
(7) input from the victim of the petitioner's offense
and from their family members.
(e) Before a participant is selected for the Program, the
petitioner shall successfully complete an atonement and
restorative justice program prepared by the Department.
Following completion of this program of atonement and
restorative justice, the Department shall notify the victim and
the family members of the victim of the petitioner's offense
and to afford them the opportunity to participate in the
Department's final selection process for the Pathway to
Community Program. Up to $1,000 of trauma-informed victim
services or trauma-certified professional therapy shall be
provided by the Department to family members of the victim of
the petitioner's offense. Insurance policies of the family
members of the victim of the petitioner's offense or family
members financial resources shall first be used to pay the
costs of these services or therapy. Optional participation by
family members of the victim of petitioner's offense shall be
provided by the Department at no cost to the family members of
the victim.

HB4797 - 89 - LRB101 19413 RLC 68885 b
(f) Time served in the Program shall be credited toward
time served on the sentence. The end date of the period of
mandatory supervised release shall remain the same as it would
have been had the petitioner not been given early supervised
release, and the petitioner shall remain under supervision of
the Department until that date, except that the Department may
enter an order releasing and discharging the petitioner from
mandatory supervised release if it determines that he or she is
likely to remain at liberty without committing another offense.
Discharge of the petitioner from mandatory supervised release
does not discharge the petitioner's sentence, if time to be
served remains; nor does it deprive the Department of
jurisdiction over the petitioner, if time to be served remains.
(g) Beginning on the effective date of this amendatory Act
of the 101st General Assembly, notwithstanding any other law to
the contrary, all persons serving sentences in the Department
who meet the requirements of subsection (b) of this Section are
eligible to petition to participate in the Program. The
Department shall establish a system to allow for the orderly
disposition of the applications of those presently
incarcerated as they become eligible.
(h) After 8 years of participation in the Program, the
participant may petition the Governor for executive clemency
under Section 3-3-13 of this Code.
(i) The Department shall select a panel of independent
researchers to assess the effectiveness of the Program and to

HB4797 - 90 - LRB101 19413 RLC 68885 b
make annual recommendations to the Governor and General
Assembly as to whether the Program should be extended.
(j) Notwithstanding any other provision of law to the
contrary, this Section shall control any release under this
Program.
(730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
Sec. 3-14-4. Half-way Houses.
(a) The Department may establish and maintain half-way
houses for the residence of persons on parole or mandatory
release or placed in prerelease custody under Section 5-8B-5.
Such half-way houses shall be maintained apart from security
institutions, except that the Director of Corrections is
authorized to designate that any work or day release facility,
or any portion thereof, may be used as a half-way house for the
residence of persons on parole or mandatory supervised release
or placed in prerelease custody under Section 5-8B-5.
(b) For those persons to be placed in a half-way house
directly upon release from an institution on parole or
mandatory supervised release status or upon placement in
prerelease custody, not less than 15 days prior to the
placement of such a person in such a half-way house, the
Department of Corrections shall give written notice to the
State's Attorney and the Sheriff of the county and the proper
law enforcement agency of the municipality in which the
half-way house is located of the identity of the person to be

HB4797 - 91 - LRB101 19413 RLC 68885 b
placed in that program. Such identifying information shall
include, but not be limited to, the name of the individual,
age, physical description, photograph, the crime for which the
person was originally sentenced to the Department of
Corrections, and like information. The notice shall be given in
all cases, except when placement of an emergency nature is
necessary. In such emergency cases, oral notice shall be given
to the appropriate parties within 24 hours with written notice
to follow within 5 days.
(c) Persons on parole or mandatory supervised release
status who have been previously released to the community, but
who are not currently residing in a half-way house, may be
placed in a half-way house upon the oral notification of the
parties within 24 hours as indicated in subsection (b) of this
Section. Such oral notification shall be followed with written
notification within 5 days.
(Source: P.A. 91-695, eff. 4-13-00.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar

HB4797 - 92 - LRB101 19413 RLC 68885 b
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court shall make a specific finding
about whether the defendant is eligible for participation in a
Department impact incarceration program as provided in Section
5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
why a sentence to impact incarceration is not an appropriate
sentence. The court may in its sentencing order recommend a
defendant for placement in a Department of Corrections
substance abuse treatment program as provided in paragraph (a)
of subsection (1) of Section 3-2-2 conditioned upon the
defendant being accepted in a program by the Department of
Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;

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(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, the opportunity to
present an oral or written statement, as guaranteed by
Article I, Section 8.1 of the Illinois Constitution and
provided in Section 6 of the Rights of Crime Victims and
Witnesses Act. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom
and requests to make an oral or written statement. An oral
or written statement includes the victim or a
representative of the victim reading the written
statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3
of the Rights of Crime Victims and Witnesses Act to present
an oral or written statement. A victim and any person
making an oral statement shall not be put under oath or
subject to cross-examination. All statements offered under
this paragraph (7) shall become part of the record of the
court. In this paragraph (7), "victim of a violent crime"

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

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(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose

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sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his

HB4797 - 97 - LRB101 19413 RLC 68885 b
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires a
mandatory minimum sentence of imprisonment or probation or
conditional discharge of one year 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. The court
must state on the record its reasons for not imposing the

HB4797 - 98 - LRB101 19413 RLC 68885 b
minimum sentence of imprisonment or a lesser sentence of
imprisonment, probation, or conditional discharge. If the
defendant has been charged with an offense involving the use,
possession, or discharge of a firearm, the court may only
deviate from a mandatory minimum sentence or probation or
conditional discharge requirement if the defendant's conduct
involves a violation of subsection (c) of Section 24-1 of the
Criminal Code of 2012, subsection (a) of Section 24-1.1 of the
Criminal Code of 2012, or sentencing under paragraph (1), (2),
or (3) of subsection (d) of Section 24-1.6 of the Criminal Code
of 2012, it is the express recommendation of a presentence
investigation, and there is clear articulable evidence that the
defendant is not a threat to the public safety. The court's
reason for deviating in this way must be fully stated by the
court into the record at the time of sentencing. An offender
convicted of a forcible felony as defined in Section 2-8 of the
Criminal Code of 2012, residential burglary under Section 19-3
of the Criminal Code of 2012, a sex offense under Article 11 of
the Criminal Code of 2012, or any offense resulting in the
infliction of great bodily harm to another may not be sentenced
to a lesser term of imprisonment, probation, or conditional
discharge under this subsection (c-1.5).
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period

HB4797 - 99 - LRB101 19413 RLC 68885 b
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."

HB4797 - 100 - LRB101 19413 RLC 68885 b
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed 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, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed 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), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as

HB4797 - 101 - LRB101 19413 RLC 68885 b
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in

HB4797 - 102 - LRB101 19413 RLC 68885 b
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:

HB4797 - 103 - LRB101 19413 RLC 68885 b
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,

HB4797 - 104 - LRB101 19413 RLC 68885 b
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit

HB4797 - 105 - LRB101 19413 RLC 68885 b
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
101-105, eff. 1-1-20.)
(730 ILCS 5/Art. 5-8B heading new)
ARTICLE 8B. PRERELEASE CUSTODY

HB4797 - 106 - LRB101 19413 RLC 68885 b
(730 ILCS 5/5-8B-1 new)
Sec. 5-8B-1. Prerelease Custody Law. This Article may be
cited as the Prerelease Custody Law.
(730 ILCS 5/5-8B-5 new)
Sec. 5-8B-5. Prerelease custody for risk and needs
assessment system participants.
(a) This Section applies in the case of a committed person
who:
(1) has earned sentence credits under the risk and
needs assessment system developed under Section 3-2-2.6 in
an amount that is equal to the remainder of the committed
person's imposed term of imprisonment;
(2) has shown through the periodic risk reassessments a
demonstrated recidivism risk reduction or has maintained a
minimum or low recidivism risk, during the committed
person's term of imprisonment;
(3) has been classified by the chief administrative
officer of the correctional institution or facility as
otherwise qualified to be transferred into prerelease
custody; and
(4)(A) has been determined under the system to be a
minimum or low risk to recidivate; or
(B) has had a petition to be transferred to prerelease
custody approved by the chief administrative officer of the

HB4797 - 107 - LRB101 19413 RLC 68885 b
correctional institution or facility, after the chief
administrative officer's determination that:
(i) the committed person would not be a danger to
society if transferred to prerelease custody;
(ii) the committed person has made a good faith
effort to lower their recidivism risk through
participation in recidivism reduction programs or
productive activities;
(iii) the committed person is unlikely to
recidivate; and
(iv) the transfer of the committed person to
prerelease custody is otherwise appropriate.
(b) A committed person shall be placed in prerelease
custody as follows:
(1) A committed person placed in prerelease custody
under this Section who is placed in home confinement shall:
(A) be subject to 24-hour electronic monitoring
that enables the prompt identification of the
committed person, location, and time, in the case of
any violation of subparagraph (B);
(B) remain in the committed person's residence,
except that the committed person may leave the
committed person's home in order to, subject to the
approval of the Director of Corrections to:
(i) perform a job or job-related activities,
including an apprenticeship, or participate in

HB4797 - 108 - LRB101 19413 RLC 68885 b
job-seeking activities;
(ii) participate in evidence-based recidivism
reduction programming or productive activities
assigned by the system, or similar activities;
(iii) perform community service;
(iv) participate in crime victim restoration
activities;
(v) receive medical treatment; or
(vi) attend religious activities; and
(C) comply with other conditions as the Director
determines appropriate.
(2) If the electronic monitoring of a committed person
described in paragraph (1) is infeasible for technical or
religious reasons, the Director of Corrections may use
alternative means of monitoring a committed person placed
in home confinement that the Director determines are as
effective or more effective than the electronic monitoring
described in subparagraph (A) of paragraph (1).
(3) The Director of Corrections may modify the
conditions described in paragraph (1) if the Director
determines that a compelling reason exists to do so, and
that the committed person has demonstrated exemplary
compliance with such conditions.
(4)(A) Except as provided in subsection (d), a
committed person who is placed in home confinement shall
remain in home confinement until the committed person has

HB4797 - 109 - LRB101 19413 RLC 68885 b
served not less than 85% of the committed person's imposed
term of imprisonment.
(B) A committed person placed in prerelease custody
under this Section who is placed at a residential reentry
center shall be subject to the conditions as the Director
of Corrections determines appropriate.
(c) In determining appropriate conditions for committed
persons placed in prerelease custody under this Section, the
Director of Corrections shall, to the extent practicable,
provide that increasingly less restrictive conditions shall be
imposed on committed persons who demonstrate continued
compliance with the conditions of such prerelease custody, so
as to most effectively prepare such committed persons for
reentry.
(d) If a committed person violates a condition of the
committed person's prerelease custody, the Director of
Corrections may impose any additional conditions on the
committed person's prerelease custody as the Director of
Corrections determines appropriate, or revoke the committed
person's prerelease custody and require the committed person to
serve the remainder of the term of imprisonment to which the
committed person was sentenced, or any portion thereof, in a
correctional institution or facility.
(e) The Director of Corrections, in consultation with the
Director of Court Services, shall issue guidelines, for use by
the Department of Corrections in determining:

HB4797 - 110 - LRB101 19413 RLC 68885 b
(1) the appropriate type of prerelease custody and
level of supervision for a committed person placed on
prerelease custody under this Section; and
(2) consequences for a violation of a condition of the
prerelease custody by the committed person, including a
return to the correctional institution or facility and a
reassessment of evidence-based recidivism risk level under
the system.
(f) The Director of Corrections shall, to the greatest
extent practicable, enter into agreements with the Division of
Probation Services to supervise committed persons placed in
home confinement or community supervision under this Section.
The agreements shall:
(1) authorize county probation departments to exercise
the authority granted to the Director under subsections (c)
and (d); and
(2) take into account the resource requirements of
county probation departments as a result of the transfer of
Department of Corrections committed persons to prerelease
custody.
(g) The Department of Corrections shall, to the greatest
extent practicable, offer assistance to any committed person
not under its supervision during prerelease custody under this
Section.
(h) Any prerelease custody into which a committed person is
placed under this Section may not include a condition

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prohibiting the committed person from receiving mentoring
services from a person who provided those services to the
committed person while the committed person was incarcerated,
except that the chief administrative officer of the facility at
which the committed person was incarcerated may waive the
requirement under this paragraph if the chief administrative
officer finds that the provision of such services would pose a
significant security risk to the committed person, persons who
provide such services, or any other person. The chief
administrative officer shall provide written notice of any such
waiver to the person providing mentoring services and to the
committed person.
Section 25. The County Jail Act is amended by changing
Section 17.5 as follows:
(730 ILCS 125/17.5)
Sec. 17.5. Pregnant female prisoners and new mothers.
Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female prisoner is
brought to a hospital from a county jail for the purpose of
delivering her baby, no handcuffs, shackles, or restraints of
any kind may be used during her transport to a medical facility
for the purpose of delivering her baby and for at least 3
months after delivery. Under no circumstances may leg irons or
shackles or waist shackles be used on any pregnant female

HB4797 - 112 - LRB101 19413 RLC 68885 b
prisoner who is in labor. In addition, restraint of a pregnant
female prisoner in the custody of the Cook County shall comply
with Section 3-15003.6 of the Counties Code. Upon the pregnant
female prisoner's entry to the hospital delivery room, 2 county
correctional officers must be posted immediately outside the
delivery room. The Sheriff must provide for adequate personnel
to monitor the pregnant female prisoner during her transport to
and from the hospital and during her stay at the hospital.
(Source: P.A. 100-1051, eff. 1-1-19.)
HB4797 - 113 - LRB101 19413 RLC 68885 b
INDEX
Statutes amended in order of appearance
15 ILCS 335/4 from Ch. 124, par. 24
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/16-25
725 ILCS 5/116-2.2 new
730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2
730 ILCS 5/3-2-2.5 new
730 ILCS 5/3-2-2.6 new
730 ILCS 5/3-2-2.7 new
730 ILCS 5/3-2-2.8 new
730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3
730 ILCS 5/3-6-1 from Ch. 38, par. 1003-6-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-7
730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
730 ILCS 5/3-7-2a from Ch. 38, par. 1003-7-2a
730 ILCS 5/3-8-4 from Ch. 38, par. 1003-8-4
730 ILCS 5/3-14-1.1 new
730 ILCS 5/3-14-4 from Ch. 38, par. 1003-14-4
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/Art. 5-8B
heading new
730 ILCS 5/5-8B-1 new
730 ILCS 5/5-8B-5 new
HB4797 - 114 - LRB101 19413 RLC 68885 b