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| Public Act 097-1113 | ||||
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AN ACT concerning certificates of good conduct and relief | ||||
from disabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 5-5.5-5 and 5-5.5-30 as follows:
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(730 ILCS 5/5-5.5-5)
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Sec. 5-5.5-5. Definitions and rules of construction. In | ||||
this Article:
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"Eligible offender" means a person who has been
convicted | ||||
of a crime in this State or of an offense in any other | ||||
jurisdiction that does not include any offense or attempted | ||||
offense that would subject a person to registration under the | ||||
Sex Offender Registration Act, the Arsonist Registration Act, | ||||
or the Murderer and Violent Offender Against Youth Registration | ||||
Act, but who has not been convicted more than twice of a | ||||
felony. "Eligible offender" does not include a person who has | ||||
been convicted of committing or attempting to commit a Class X | ||||
felony, aggravated driving under the influence of alcohol, | ||||
other drug or drugs, or intoxicating compound or compounds, or | ||||
any combination thereof, aggravated domestic battery, or a | ||||
forcible felony.
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"Felony" means a conviction of a felony in this State, or
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of an offense in any other jurisdiction for which a sentence to | ||
a
term of imprisonment in excess of one year, was authorized.
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For the purposes of this Article the following rules of | ||
construction apply:
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(i) two or more convictions of felonies charged in | ||
separate counts of one
indictment or information shall be | ||
deemed to be one conviction;
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(ii) two or more convictions of felonies charged in 2 | ||
or more indictments
or informations, filed in the same | ||
court prior to entry of judgment under any
of them, shall | ||
be deemed to be one conviction; and
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(iii) a plea or a verdict of guilty upon which a | ||
sentence
of probation, conditional discharge, or | ||
supervision
has been imposed shall be deemed to be a | ||
conviction.
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"Forcible felony" means first degree murder, second degree | ||
murder, aggravated arson, arson, aggravated kidnapping, | ||
kidnapping, aggravated battery that resulted in great bodily | ||
harm or permanent disability, and any other felony which | ||
involved the use of physical force or violence against any | ||
individual that resulted in great bodily harm or permanent | ||
disability. | ||
(Source: P.A. 96-852, eff. 1-1-10; 97-154, eff. 1-1-12.)
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(730 ILCS 5/5-5.5-30)
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Sec. 5-5.5-30. Issuance of certificate of good conduct.
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(a) After a rehabilitation review has been held, in a | ||
manner designated by the chief judge of the judicial circuit in | ||
which the conviction was entered, the Circuit Court of that | ||
judicial circuit
shall have the power to issue a certificate of | ||
good
conduct to any eligible offender previously convicted of a | ||
crime in this State,
and shall make a specific finding of | ||
rehabilitation with the force and effect of a final judgment on | ||
the merits, when
the Court is satisfied that:
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(1) the applicant has conducted himself or herself in a | ||
manner
warranting the issuance for a minimum period in | ||
accordance with the
provisions of subsection (c) of this | ||
Section;
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(2) the relief to be granted by the certificate is | ||
consistent with the
rehabilitation of the applicant; and
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(3) the relief to be granted is consistent with the | ||
public interest.
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(b) The Circuit Court shall have the power to issue a | ||
certificate of good
conduct to any person previously convicted | ||
of a crime in any other
jurisdiction, when the Court is | ||
satisfied that: | ||
(1) the applicant has demonstrated that there exist | ||
specific facts and circumstances and specific sections of | ||
Illinois State law that have an adverse impact on the | ||
applicant and warrant the application for relief to be made | ||
in Illinois; and
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(2) the provisions of paragraphs (1), (2), and (3) of | ||
subsection (a) of
this Section have been met.
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(c) The minimum period of good conduct by the individual | ||
referred to
in paragraph (1) of subsection (a) of this Section, | ||
shall be as follows:
if the most serious crime of which the | ||
individual was convicted is a
misdemeanor, the minimum period | ||
of good conduct shall be one year; if
the most serious crime of | ||
which the individual was convicted is a Class 1,
2, 3, or 4 | ||
felony, the minimum period of good conduct shall be 2 3 years.
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Criminal acts committed outside the State
shall be classified | ||
as acts committed within the State based on the
maximum | ||
sentence that could have been imposed based upon the
conviction | ||
under the laws of the foreign jurisdiction. The minimum
period | ||
of good conduct by the individual shall be measured either from
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the date of the payment of any fine imposed upon him or her, or | ||
from the
date of his or her release from custody by parole, | ||
mandatory supervised
release or commutation or termination of | ||
his or her sentence.
The Circuit Court shall have power and it | ||
shall be its duty to investigate all
persons when the | ||
application is made and to grant or deny the same
within a | ||
reasonable time after the making of the application.
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(d) If the Circuit Court has issued a certificate of good
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conduct, the Court may at any time issue a new certificate | ||
enlarging the
relief previously granted.
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(e) Any certificate of good conduct issued by the Court to
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an individual who at the time of the issuance of the | ||
certificate is under the
conditions of parole or mandatory | ||
supervised release imposed by the
Prisoner Review Board shall | ||
be deemed to be a temporary certificate until the time as the
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individual is discharged from the terms of parole or mandatory
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supervised release, and, while temporary, the certificate may | ||
be
revoked by the Court for violation of the conditions of | ||
parole or
mandatory supervised release. Revocation shall be | ||
upon
notice to the parolee or releasee, who shall be accorded | ||
an opportunity to
explain the violation prior to a decision on | ||
the revocation. If the certificate
is not so revoked, it shall | ||
become a permanent certificate upon expiration
or termination | ||
of the offender's parole or mandatory supervised release term. | ||
(f) The Court shall, upon notice to a certificate holder, | ||
have the power to revoke a certificate of good conduct upon a | ||
subsequent conviction.
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(Source: P.A. 96-852, eff. 1-1-10.)
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