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| Public Act 093-0694 |
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AN ACT in relation to criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing
Section 5-5-3 as follows:
| ||||
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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Sec. 5-5-3. Disposition.
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(a) Every person convicted of an offense shall be sentenced | ||||
as provided
in this Section.
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(b) The following options shall be appropriate | ||||
dispositions, alone
or in combination, for all felonies and | ||||
misdemeanors other than those
identified in subsection (c) of | ||||
this Section:
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(1) A period of probation.
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(2) A term of periodic imprisonment.
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(3) A term of conditional discharge.
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(4) A term of imprisonment.
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(5) An order directing the offender to clean up and | ||||
repair the
damage, if the offender was convicted under | ||||
paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||
(now repealed).
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(6) A fine.
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(7) An order directing the offender to make restitution | ||||
to the
victim under Section 5-5-6 of this Code.
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(8) A sentence of participation in a county impact | ||||
incarceration
program under Section 5-8-1.2 of this Code.
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Whenever an individual is sentenced for an offense based | ||||
upon an
arrest for a violation of Section 11-501 of the | ||||
Illinois Vehicle Code, or a
similar provision of a local | ||||
ordinance, and the professional evaluation
recommends remedial | ||||
or rehabilitative treatment or education, neither the
| ||||
treatment nor the education shall be the sole disposition and | ||||
either or
both may be imposed only in conjunction with another | ||
disposition.
The court shall monitor compliance with any | ||
remedial education or treatment
recommendations contained in | ||
the professional evaluation. Programs
conducting alcohol or | ||
other drug evaluation or remedial education must be
licensed by | ||
the Department of Human Services. However,
if the individual is | ||
not a resident of Illinois, the court may accept an
alcohol or | ||
other drug evaluation or remedial education program in the | ||
state
of such individual's residence. Programs providing | ||
treatment must be
licensed under existing applicable | ||
alcoholism and drug treatment licensure
standards.
| ||
In addition to any other fine or penalty required by law, | ||
any
individual convicted of a violation of Section 11-501 of | ||
the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||
Registration and Safety Act,
Section 5-16 of the Boat | ||
Registration and Safety Act, or a similar provision of
local | ||
ordinance, whose operation of
a motor vehicle while in | ||
violation of Section 11-501, Section 5-7, Section
5-16, or such | ||
ordinance
proximately caused an incident resulting in an | ||
appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. Such restitution shall not exceed $1,000 per
public | ||
agency for each such emergency response. For the purpose
of
| ||
this paragraph, emergency response shall mean any incident | ||
requiring a response
by: a police officer as defined under | ||
Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||
on the rolls of a regularly constituted fire
department; and an | ||
ambulance as defined under Section 3.85 of the
Emergency | ||
Medical Services (EMS) Systems Act.
| ||
Neither a fine nor restitution shall be the sole | ||
disposition
for a felony and either or both may be imposed only | ||
in conjunction with
another disposition.
| ||
(c) (1) When a defendant is found guilty of first degree | ||
murder the
State may either seek a sentence of imprisonment | ||
under Section 5-8-1 of
this Code, or where appropriate seek | ||
a sentence of death under Section 9-1
of the Criminal Code | ||
of 1961.
| ||
(2) A period of probation, a term of periodic | ||
imprisonment or
conditional discharge shall not be imposed | ||
for the following offenses.
The court shall sentence the | ||
offender to not less than the minimum term
of imprisonment | ||
set forth in this Code for the following offenses, and
may | ||
order a fine or restitution or both in conjunction with | ||
such term of
imprisonment:
| ||
(A) First degree murder where the death penalty is | ||
not imposed.
| ||
(B) Attempted first degree murder.
| ||
(C) A Class X felony.
| ||
(D) A violation of Section 401.1 or 407 of the
| ||
Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||
which relates to more than 5 grams of a substance
| ||
containing heroin or cocaine or an analog thereof.
| ||
(E) A violation of Section 5.1 or 9 of the Cannabis | ||
Control
Act.
| ||
(F) A Class 2 or greater felony if the offender had | ||
been convicted
of a Class 2 or greater felony within 10 | ||
years of the date on which the
offender
committed the | ||
offense for which he or she is being sentenced, except | ||
as
otherwise provided in Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and
Dependency Act.
| ||
(G) Residential burglary, except as otherwise | ||
provided in Section 40-10
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act.
| ||
(H) Criminal sexual assault.
| ||
(I) Aggravated battery of a senior citizen.
| ||
(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 | ||
or more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate | ||
crimes or provides
support to the members of the | ||
association who do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(K) Vehicular hijacking.
| ||
(L) A second or subsequent conviction for the | ||
offense of hate crime
when the underlying offense upon | ||
which the hate crime is based is felony
aggravated
| ||
assault or felony mob action.
| ||
(M) A second or subsequent conviction for the | ||
offense of institutional
vandalism if the damage to the | ||
property exceeds $300.
| ||
(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
| ||
(O) A violation of Section 12-6.1 of the Criminal | ||
Code of 1961.
| ||
(P) A violation of paragraph (1), (2), (3), (4), | ||
(5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961.
| ||
(Q) A violation of Section 20-1.2 or 20-1.3 of the | ||
Criminal Code of
1961.
| ||
(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961.
| ||
(S) A violation of Section 11-501(c-1)(3) of the | ||
Illinois Vehicle
Code.
| ||
(T) A second or subsequent violation of paragraph | ||
(6.6) of subsection
(a), subsection (c-5), or | ||
subsection (d-5) of Section 401 of the Illinois
| ||
Controlled Substances Act.
| ||
(3) A minimum term of imprisonment of not less than 5 | ||
days
or 30 days of community service as may be determined | ||
by the
court shall
be imposed for a second violation | ||
committed within 5 years
of a previous violation of Section | ||
11-501 of the Illinois Vehicle Code or
a similar provision | ||
of a local ordinance.
In the case of a third or
subsequent | ||
violation committed within 5 years of a previous violation | ||
of
Section 11-501 of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance, a minimum term of either 10 | ||
days of imprisonment or 60 days of
community service shall | ||
be imposed.
| ||
(4) A minimum term of imprisonment of not less than 10
| ||
consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 | ||
of the Illinois Vehicle Code.
| ||
(4.1) A minimum term of 30 consecutive days of | ||
imprisonment,
40 days of 24 hour periodic imprisonment or | ||
720 hours of community
service, as may be determined by the | ||
court, shall be imposed for a violation of
Section 11-501 | ||
of the Illinois Vehicle Code during a period in which the
| ||
defendant's driving privileges are revoked or suspended,
| ||
where the revocation or suspension was for a
violation of | ||
Section
11-501 or Section 11-501.1 of that Code.
| ||
(4.2) Except as provided in paragraph (4.3) of this | ||
subsection (c), a
minimum of
100 hours of community service | ||
shall be imposed for a second violation of
Section 6-303
of | ||
the Illinois Vehicle Code.
| ||
(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, | ||
shall
be imposed for a second violation of subsection (c) | ||
of Section 6-303 of the
Illinois Vehicle Code.
| ||
(4.4) Except as provided in paragraph (4.5) and | ||
paragraph (4.6) of this
subsection (c), a
minimum term of | ||
imprisonment of 30 days or 300 hours of community service, | ||
as
determined by the court, shall
be imposed
for a third or | ||
subsequent violation of Section 6-303 of the Illinois | ||
Vehicle
Code.
| ||
(4.5) A minimum term of imprisonment of 30 days
shall | ||
be imposed for a third violation of subsection (c) of
| ||
Section 6-303 of the Illinois Vehicle Code.
| ||
| ||
(4.6) A minimum term of imprisonment of 180 days shall | ||
be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle | ||
Code.
| ||
(5) The court may sentence an offender convicted of a | ||
business
offense or a petty offense or a corporation or | ||
unincorporated
association convicted of any offense to:
| ||
(A) a period of conditional discharge;
| ||
(B) a fine;
| ||
(C) make restitution to the victim under Section | ||
5-5-6 of this Code.
| ||
(5.1) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.2) or (5.3), a person
convicted of | ||
violating subsection (c) of Section 11-907 of the Illinois
| ||
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges
suspended for at least 90 days but | ||
not more than one year, if the violation
resulted in damage | ||
to the property of another person.
| ||
(5.2) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.3), a person convicted
of | ||
violating subsection (c) of Section 11-907 of the Illinois | ||
Vehicle Code
shall have his or her driver's license, | ||
permit, or privileges suspended for at
least 180 days but | ||
not more than 2 years, if the violation resulted in injury
| ||
to
another person.
| ||
(5.3) In addition to any penalties imposed under | ||
paragraph (5) of
this
subsection (c), a person convicted of | ||
violating subsection (c) of Section
11-907 of the Illinois | ||
Vehicle Code shall have his or her driver's license,
| ||
permit, or privileges suspended for 2 years, if the | ||
violation resulted in the
death of another person.
| ||
(6) In no case shall an offender be eligible for a | ||
disposition of
probation or conditional discharge for a | ||
Class 1 felony committed while
he was serving a term of | ||
probation or conditional discharge for a felony.
| ||
(7) When a defendant is adjudged a habitual criminal | ||
under Article
33B of the Criminal Code of 1961, the court | ||
shall sentence
the defendant to a term of natural life | ||
imprisonment.
| ||
(8) When a defendant, over the age of 21 years, is | ||
convicted of a
Class 1 or Class 2 felony, after having | ||
twice been convicted
in any state or
federal court of an | ||
offense that contains the same elements as an offense now
| ||
classified in Illinois as a Class 2 or greater Class felony
| ||
and such charges are
separately brought and tried and arise | ||
out of different series of acts,
such defendant shall be | ||
sentenced as a Class X offender. This paragraph
shall not | ||
apply unless (1) the first felony was committed after the
| ||
effective date of this amendatory Act of 1977; and (2) the | ||
second felony
was committed after conviction on the first; | ||
and (3) the third felony
was committed after conviction on | ||
the second.
A person sentenced as a Class X offender under | ||
this paragraph is not
eligible to apply for treatment as a | ||
condition of probation as provided by
Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act.
| ||
(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to | ||
a term of natural life imprisonment.
| ||
(10) When a person is convicted of violating Section | ||
11-501 of the
Illinois
Vehicle Code or a similar provision | ||
of a local ordinance, the following
penalties apply when | ||
his or her blood,
breath, or urine was .16 or more based on | ||
the definition of blood, breath, or
urine units in
Section | ||
11-501.2
or that person is convicted of violating Section | ||
11-501 of the Illinois Vehicle
Code while
transporting a | ||
child under the age of 16:
| ||
(A) For a first violation of subsection (a) of | ||
Section 11-501, in
addition to any other penalty that | ||
may be imposed under subsection (c) of
Section 11-501: | ||
a
mandatory
minimum of
100 hours of community
service | ||
and a minimum fine of
$500.
| ||
(B) For a second violation of subsection (a) of | ||
Section 11-501, in
addition to any other penalty that | ||
may be imposed under subsection (c) of
Section 11-501 | ||
within 10
years: a
mandatory minimum of 2
days of | ||
imprisonment
and a minimum fine of $1,250.
| ||
(C) For a third violation of subsection (a) of | ||
Section 11-501, in
addition to any other penalty that | ||
may be imposed under subsection (c) of
Section 11-501 | ||
within 20
years: a
mandatory
minimum of 90 days of | ||
imprisonment and a minimum
fine of $2,500.
| ||
(D) For a fourth or subsequent violation of | ||
subsection (a) of Section
11-501: ineligibility for a | ||
sentence
of probation or conditional discharge and a | ||
minimum
fine of $2,500.
| ||
(11) The court shall impose a minimum fine of $1,000 | ||
for a first offense
and $2,000 for a second or subsequent | ||
offense upon a person convicted of or
placed on supervision | ||
for battery when the individual harmed was a sports
| ||
official or coach at any level of competition and the act | ||
causing harm to the
sports
official or coach occurred | ||
within an athletic facility or within the immediate | ||
vicinity
of the athletic facility at which the sports | ||
official or coach was an active
participant
of the athletic | ||
contest held at the athletic facility. For the purposes of
| ||
this paragraph (11), "sports official" means a person at an | ||
athletic contest
who enforces the rules of the contest, | ||
such as an umpire or referee; "athletic facility" means an | ||
indoor or outdoor playing field or recreational area where | ||
sports activities are conducted;
and "coach" means a person | ||
recognized as a coach by the sanctioning
authority that | ||
conducted the sporting event.
| ||
(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of the | ||
Unified Code of Corrections
which may include evidence of the | ||
defendant's life, moral character and
occupation during the | ||
time since the original sentence was passed. The
trial court | ||
shall then impose sentence upon the defendant. The trial
court | ||
may impose any sentence which could have been imposed at the
| ||
original trial subject to Section 5-5-4 of the Unified Code of | ||
Corrections.
If a sentence is vacated on appeal or on | ||
collateral attack due to the
failure of the trier of fact at | ||
trial to determine beyond a reasonable doubt
the
existence of a | ||
fact (other than a prior conviction) necessary to increase the
| ||
punishment for the offense beyond the statutory maximum | ||
otherwise applicable,
either the defendant may be re-sentenced | ||
to a term within the range otherwise
provided or, if the State | ||
files notice of its intention to again seek the
extended | ||
sentence, the defendant shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||
results in conviction of a defendant
who was a family member of | ||
the victim at the time of the commission of the
offense, the | ||
court shall consider the safety and welfare of the victim and
| ||
may impose a sentence of probation only where:
| ||
(1) the court finds (A) or (B) or both are appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of 2 | ||
years; or
| ||
(B) the defendant is willing to participate in a | ||
court approved plan
including but not limited to the | ||
defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that | ||
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
paying | ||
for such services, if the victim was under 18 years of age | ||
at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and | ||
"victim" shall have
the meanings ascribed to them in Section | ||
12-12 of the Criminal Code of
1961.
| ||
(f) This Article shall not deprive a court in other | ||
proceedings to
order a forfeiture of property, to suspend or | ||
cancel a license, to
remove a person from office, or to impose | ||
any other civil penalty.
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||
11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||
of the Criminal Code of 1961,
the defendant shall undergo | ||
medical testing to
determine whether the defendant has any | ||
sexually transmissible disease,
including a test for infection | ||
with human immunodeficiency virus (HIV) or
any other identified | ||
causative agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such medical test shall be performed only by appropriately
| ||
licensed medical practitioners and may include an analysis of | ||
any bodily
fluids as well as an examination of the defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such test shall be kept
strictly confidential by all medical | ||
personnel involved in the testing and must
be personally | ||
delivered in a sealed envelope to the judge of the court in | ||
which
the conviction was entered for the judge's inspection in | ||
camera. Acting in
accordance with the best interests of the | ||
victim and the public, the judge
shall have the discretion to | ||
determine to whom, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test | ||
results. The court shall
also notify the victim if requested by | ||
the victim, and if the victim is under
the age of 15 and if | ||
requested by the victim's parents or legal guardian, the
court | ||
shall notify the victim's parents or legal guardian of the test
| ||
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
A | ||
State's Attorney may petition the court to obtain the results | ||
of any HIV test
administered under this Section, and the court | ||
shall grant the disclosure if
the State's Attorney shows it is | ||
relevant in order to prosecute a charge of
criminal | ||
transmission of HIV under Section 12-16.2 of the Criminal Code | ||
of 1961
against the defendant. The court shall order that the | ||
cost of any such test
shall be paid by the county and may be | ||
taxed as costs against the convicted
defendant.
| ||
(g-5) When an inmate is tested for an airborne communicable | ||
disease, as
determined by the Illinois Department of Public | ||
Health including but not
limited to tuberculosis, the results | ||
of the test shall be
personally delivered by the warden or his | ||
or her designee in a sealed envelope
to the judge of the court | ||
in which the inmate must appear for the judge's
inspection in | ||
camera if requested by the judge. Acting in accordance with the
| ||
best interests of those in the courtroom, the judge shall have | ||
the discretion
to determine what if any precautions need to be | ||
taken to prevent transmission
of the disease in the courtroom.
| ||
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such test shall be kept strictly | ||
confidential by all
medical personnel involved in the testing | ||
and must be personally delivered in a
sealed envelope to the | ||
judge of the court in which the conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the | ||
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. A State's Attorney may petition the court to | ||
obtain the results of
any HIV test administered under this | ||
Section, and the court shall grant the
disclosure if the | ||
State's Attorney shows it is relevant in order to prosecute a
| ||
charge of criminal transmission of HIV under Section 12-16.2 of | ||
the Criminal
Code of 1961 against the defendant. The court | ||
shall order that the cost of any
such test shall be paid by the | ||
county and may be taxed as costs against the
convicted | ||
defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||
Vehicle Code, or a similar
provision of a local ordinance, and | ||
any violation
of the Child Passenger Protection Act, or a | ||
similar provision of a local
ordinance, shall be collected and | ||
disbursed by the circuit
clerk as provided under Section 27.5 | ||
of the Clerks of Courts Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||
Code of 1961, any violation of the Illinois Controlled | ||
Substances Act,
or any violation of the Cannabis Control Act | ||
results in conviction, a
disposition of court supervision, or | ||
an order of probation granted under
Section 10 of the Cannabis | ||
Control Act or Section 410 of the Illinois
Controlled Substance | ||
Act of a defendant, the court shall determine whether the
| ||
defendant is employed by a facility or center as defined under | ||
the Child Care
Act of 1969, a public or private elementary or | ||
secondary school, or otherwise
works with children under 18 | ||
years of age on a daily basis. When a defendant
is so employed, | ||
the court shall order the Clerk of the Court to send a copy of
| ||
the judgment of conviction or order of supervision or probation | ||
to the
defendant's employer by certified mail.
If the employer | ||
of the defendant is a school, the Clerk of the Court shall
| ||
direct the mailing of a copy of the judgment of conviction or | ||
order of
supervision or probation to the appropriate regional | ||
superintendent of schools.
The regional superintendent of | ||
schools shall notify the State Board of
Education of any | ||
notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall as | ||
a condition of his or her sentence be required by the court to | ||
attend
educational courses designed to prepare the defendant | ||
for a high school diploma
and to work toward a high school | ||
diploma or to work toward passing the high
school level Test of | ||
General Educational Development (GED) or to work toward
| ||
completing a vocational training program offered by the | ||
Department of
Corrections. If a defendant fails to complete the | ||
educational training
required by his or her sentence during the | ||
term of incarceration, the Prisoner
Review Board shall, as a | ||
condition of mandatory supervised release, require the
| ||
defendant, at his or her own expense, to pursue a course of | ||
study toward a high
school diploma or passage of the GED test. | ||
The Prisoner Review Board shall
revoke the mandatory supervised | ||
release of a defendant who wilfully fails to
comply with this | ||
subsection (j-5) upon his or her release from confinement in a
| ||
penal institution while serving a mandatory supervised release | ||
term; however,
the inability of the defendant after making a | ||
good faith effort to obtain
financial aid or pay for the | ||
educational training shall not be deemed a wilful
failure to | ||
comply. The Prisoner Review Board shall recommit the defendant
| ||
whose mandatory supervised release term has been revoked under | ||
this subsection
(j-5) as provided in Section 3-3-9. This | ||
subsection (j-5) does not apply to a
defendant who has a high | ||
school diploma or has successfully passed the GED
test. This | ||
subsection (j-5) does not apply to a defendant who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational or | ||
vocational program.
| ||
(k) A court may not impose a sentence or disposition for a
| ||
felony or misdemeanor that requires the defendant to be | ||
implanted or injected
with or to use any form of birth control.
| ||
(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is an alien as defined by | ||
the Immigration and Nationality Act, is convicted
of any | ||
felony or misdemeanor offense, the court after sentencing | ||
the defendant
may, upon motion of the State's Attorney, | ||
hold sentence in abeyance and remand
the defendant to the | ||
custody of the Attorney General of
the United States or his | ||
or her designated agent to be deported when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as | ||
provided in this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on | ||
probation under Section 10 of the Cannabis
Control Act or | ||
Section 410 of the Illinois Controlled Substances Act, the | ||
court
may, upon motion of the State's Attorney to suspend | ||
the
sentence imposed, commit the defendant to the custody | ||
of the Attorney General
of the United States or his or her | ||
designated agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who | ||
are subject to the
provisions of paragraph (2) of | ||
subsection (a) of Section 3-6-3.
| ||
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to | ||
the custody of the county from which he or she was
| ||
sentenced.
Thereafter, the defendant shall be brought | ||
before the sentencing court, which
may impose any sentence | ||
that was available under Section 5-5-3 at the time of
| ||
initial sentencing. In addition, the defendant shall not be | ||
eligible for
additional good conduct credit for | ||
meritorious service as provided under
Section 3-6-6.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961, in which the | ||
property damage exceeds $300
and the property damaged is a | ||
school building, shall be ordered to perform
community service | ||
that may include cleanup, removal, or painting over the
| ||
defacement.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||
Code of 1961 (i) to an impact
incarceration program if the | ||
person is otherwise eligible for that program
under Section | ||
5-8-1.1, (ii) to community service, or (iii) if the person is | ||
an
addict or alcoholic, as defined in the Alcoholism and Other | ||
Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||
program licensed under that
Act.
| ||
(Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||
92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||
8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||
eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||
eff. 1-1-04; revised 10-9-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||