| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||||
5 | changing Sections 5-4-1 and 5-8-6 as follows:
| |||||||||||||||||||||
6 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| |||||||||||||||||||||
7 | Sec. 5-4-1. Sentencing Hearing.
| |||||||||||||||||||||
8 | (a) Except when the death penalty is
sought under hearing | |||||||||||||||||||||
9 | procedures otherwise specified, after a
determination of | |||||||||||||||||||||
10 | guilt, a hearing shall be held to impose the sentence.
However, | |||||||||||||||||||||
11 | prior to the imposition of sentence on an individual being
| |||||||||||||||||||||
12 | sentenced for an offense based upon a charge for a violation of | |||||||||||||||||||||
13 | Section
11-501 of the Illinois Vehicle Code or a similar | |||||||||||||||||||||
14 | provision of a local
ordinance, the individual must undergo a | |||||||||||||||||||||
15 | professional evaluation to
determine if an alcohol or other | |||||||||||||||||||||
16 | drug abuse problem exists and the extent
of such a problem. | |||||||||||||||||||||
17 | Programs conducting these evaluations shall be
licensed by the | |||||||||||||||||||||
18 | Department of Human Services. However, if the individual is
not | |||||||||||||||||||||
19 | a resident of Illinois, the court
may, in its discretion, | |||||||||||||||||||||
20 | accept an evaluation from a program in the state of
such | |||||||||||||||||||||
21 | individual's residence. The court may in its sentencing order | |||||||||||||||||||||
22 | approve an
eligible defendant for placement in a Department of | |||||||||||||||||||||
23 | Corrections impact
incarceration program as provided in |
| |||||||
| |||||||
1 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
2 | order recommend a defendant for placement in a Department of | ||||||
3 | Corrections substance abuse treatment program as provided in | ||||||
4 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
5 | upon the defendant being accepted in a program by the | ||||||
6 | Department of Corrections. At the
hearing the court
shall:
| ||||||
7 | (1) consider the evidence, if any, received upon the | ||||||
8 | trial;
| ||||||
9 | (2) consider any presentence reports;
| ||||||
10 | (3) consider the financial impact of incarceration | ||||||
11 | based on the
financial impact statement filed with the | ||||||
12 | clerk of the court by the
Department of Corrections;
| ||||||
13 | (4) consider evidence and information offered by the | ||||||
14 | parties in
aggravation and mitigation; | ||||||
15 | (4.5) consider substance abuse treatment, eligibility | ||||||
16 | screening, and an assessment, if any, of the defendant by | ||||||
17 | an agent designated by the State of Illinois to provide | ||||||
18 | assessment services for the Illinois courts;
| ||||||
19 | (5) hear arguments as to sentencing alternatives;
| ||||||
20 | (6) afford the defendant the opportunity to make a | ||||||
21 | statement in his
own behalf;
| ||||||
22 | (7) afford the victim of a violent crime or a violation | ||||||
23 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
24 | similar provision of a local
ordinance, or a qualified | ||||||
25 | individual affected by: (i) a violation of Section
405, | ||||||
26 | 405.1, 405.2, or 407 of the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act or a violation of Section 55 or Section 65 of the | ||||||
2 | Methamphetamine Control and Community Protection Act,
or | ||||||
3 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
4 | except as described in subdivisions (a)(2)(A) and | ||||||
5 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
7 | committed by the defendant the opportunity to make a | ||||||
8 | statement
concerning the impact on the victim and to offer | ||||||
9 | evidence in aggravation or
mitigation; provided that the | ||||||
10 | statement and evidence offered in aggravation
or | ||||||
11 | mitigation must first be prepared in writing in conjunction | ||||||
12 | with the
State's Attorney before it may be presented orally | ||||||
13 | at the hearing. Any
sworn testimony offered by the victim | ||||||
14 | is subject to the defendant's right
to cross-examine. All | ||||||
15 | statements and evidence offered under this paragraph
(7) | ||||||
16 | shall become part of the record of the court. For the | ||||||
17 | purpose of this
paragraph (7), "qualified individual" | ||||||
18 | means any person who (i) lived or worked
within the | ||||||
19 | territorial jurisdiction where the offense took place when | ||||||
20 | the
offense took place;
and (ii) is familiar with various | ||||||
21 | public places within the territorial
jurisdiction where
| ||||||
22 | the offense took place when the offense took place. For the | ||||||
23 | purposes of
this paragraph (7), "qualified individual" | ||||||
24 | includes any peace officer,
or any member of any duly | ||||||
25 | organized State, county, or municipal peace unit
assigned | ||||||
26 | to the territorial jurisdiction where the offense took |
| |||||||
| |||||||
1 | place when the
offense took
place;
| ||||||
2 | (8) in cases of reckless homicide afford the victim's | ||||||
3 | spouse,
guardians, parents or other immediate family | ||||||
4 | members an opportunity to make
oral statements;
| ||||||
5 | (9) in cases involving a felony sex offense as defined | ||||||
6 | under the Sex
Offender
Management Board Act, consider the | ||||||
7 | results of the sex offender evaluation
conducted pursuant | ||||||
8 | to Section 5-3-2 of this Act; and
| ||||||
9 | (10) make a finding of whether a motor vehicle was used | ||||||
10 | in the commission of the offense for which the defendant is | ||||||
11 | being sentenced. | ||||||
12 | (b) All sentences shall be imposed by the judge based upon | ||||||
13 | his
independent assessment of the elements specified above and | ||||||
14 | any agreement
as to sentence reached by the parties. The judge | ||||||
15 | who presided at the
trial or the judge who accepted the plea of | ||||||
16 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
17 | as a judge in that court. Where
the judge does not impose | ||||||
18 | sentence at the same time on all defendants
who are convicted | ||||||
19 | as a result of being involved in the same offense, the
| ||||||
20 | defendant or the State's Attorney may advise the sentencing | ||||||
21 | court of the
disposition of any other defendants who have been | ||||||
22 | sentenced.
| ||||||
23 | (c) In imposing a sentence for a violent crime or for an | ||||||
24 | offense of
operating or being in physical control of a vehicle | ||||||
25 | while under the
influence of alcohol, any other drug or any | ||||||
26 | combination thereof, or a
similar provision of a local |
| |||||||
| |||||||
1 | ordinance, when such offense resulted in the
personal injury to | ||||||
2 | someone other than the defendant, the trial judge shall
specify | ||||||
3 | on the record the particular evidence, information, factors in
| ||||||
4 | mitigation and aggravation or other reasons that led to his | ||||||
5 | sentencing
determination. The full verbatim record of the | ||||||
6 | sentencing hearing shall be
filed with the clerk of the court | ||||||
7 | and shall be a public record.
| ||||||
8 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
9 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
10 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
11 | firearm, or armed violence with a category I weapon
or category | ||||||
12 | II weapon,
the trial judge shall make a finding as to whether | ||||||
13 | the conduct leading to
conviction for the offense resulted in | ||||||
14 | great bodily harm to a victim, and
shall enter that finding and | ||||||
15 | the basis for that finding in the record.
| ||||||
16 | (c-2) If the defendant is sentenced to prison, other than | ||||||
17 | when a sentence of
natural life imprisonment or a sentence of | ||||||
18 | death is imposed, at the time
the sentence is imposed the judge | ||||||
19 | shall
state on the record in open court the approximate period | ||||||
20 | of time the defendant
will serve in custody according to the | ||||||
21 | then current statutory rules and
regulations for sentence | ||||||
22 | credit found in Section 3-6-3 and other related
provisions of | ||||||
23 | this Code. This statement is intended solely to inform the
| ||||||
24 | public, has no legal effect on the defendant's actual release, | ||||||
25 | and may not be
relied on by the defendant on appeal.
| ||||||
26 | The judge's statement, to be given after pronouncing the |
| |||||||
| |||||||
1 | sentence, other than
when the sentence is imposed for one of | ||||||
2 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
3 | shall include the following:
| ||||||
4 | "The purpose of this statement is to inform the public of | ||||||
5 | the actual period
of time this defendant is likely to spend in | ||||||
6 | prison as a result of this
sentence. The actual period of | ||||||
7 | prison time served is determined by the
statutes of Illinois as | ||||||
8 | applied to this sentence by the Illinois Department of
| ||||||
9 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
10 | case, assuming the defendant
receives all of his or her | ||||||
11 | sentence credit, the period of estimated actual
custody is ... | ||||||
12 | years and ... months, less up to 180 days additional sentence | ||||||
13 | credit for good conduct. If the defendant, because of his or
| ||||||
14 | her own misconduct or failure to comply with the institutional | ||||||
15 | regulations,
does not receive those credits, the actual time | ||||||
16 | served in prison will be
longer. The defendant may also receive | ||||||
17 | an additional one-half day sentence
credit for each day of | ||||||
18 | participation in vocational, industry, substance abuse,
and | ||||||
19 | educational programs as provided for by Illinois statute."
| ||||||
20 | When the sentence is imposed for one of the offenses | ||||||
21 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
22 | when the sentence is imposed for one of the
offenses enumerated | ||||||
23 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
24 | 19, 1998, and other than when the sentence is imposed for
| ||||||
25 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
26 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if |
| |||||||
| |||||||
1 | the offense was committed on or after January 1, 1999, and
| ||||||
2 | other than when the sentence is imposed for aggravated arson if | ||||||
3 | the offense was
committed on or after July 27, 2001 (the | ||||||
4 | effective date of Public Act
92-176), and
other than when the | ||||||
5 | sentence is imposed for aggravated driving under the influence | ||||||
6 | of alcohol,
other drug or drugs, or intoxicating compound or | ||||||
7 | compounds, or any combination
thereof as defined in | ||||||
8 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
9 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
10 | January 1, 2011 (the effective date of Public Act 96-1230), the
| ||||||
11 | judge's statement, to be given after pronouncing the sentence, | ||||||
12 | shall include
the following:
| ||||||
13 | "The purpose of this statement is to inform the public of | ||||||
14 | the actual period
of time this defendant is likely to spend in | ||||||
15 | prison as a result of this
sentence. The actual period of | ||||||
16 | prison time served is determined by the
statutes of Illinois as | ||||||
17 | applied to this sentence by the Illinois Department of
| ||||||
18 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
19 | case,
assuming the defendant
receives all of his or her | ||||||
20 | sentence credit, the period of estimated actual
custody is ... | ||||||
21 | years and ... months, less up to 90 days additional sentence | ||||||
22 | credit for good conduct. If the defendant, because of his or
| ||||||
23 | her own misconduct or failure to comply with the institutional | ||||||
24 | regulations,
does not receive those credits, the actual time | ||||||
25 | served in prison will be
longer. The defendant may also receive | ||||||
26 | an additional one-half day sentence
credit for each day of |
| |||||||
| |||||||
1 | participation in vocational, industry, substance abuse,
and | ||||||
2 | educational programs as provided for by Illinois statute."
| ||||||
3 | When the sentence is imposed for one of the offenses | ||||||
4 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
5 | first degree murder, and the offense was
committed on or after | ||||||
6 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
7 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
8 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
9 | offense was committed on or after January 1, 1999,
and when the | ||||||
10 | sentence is imposed for aggravated driving under the influence
| ||||||
11 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
12 | compounds, or
any combination thereof as defined in | ||||||
13 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
14 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
15 | imposed for aggravated arson if the offense was committed
on or | ||||||
16 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
17 | and when
the sentence is imposed for aggravated driving under | ||||||
18 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
19 | compound or compounds, or any combination
thereof as defined in | ||||||
20 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
21 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
22 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
23 | judge's
statement, to be given after pronouncing the sentence, | ||||||
24 | shall include the
following:
| ||||||
25 | "The purpose of this statement is to inform the public of | ||||||
26 | the actual period
of time this defendant is likely to spend in |
| |||||||
| |||||||
1 | prison as a result of this
sentence. The actual period of | ||||||
2 | prison time served is determined by the
statutes of Illinois as | ||||||
3 | applied to this sentence by the Illinois Department of
| ||||||
4 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
5 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
6 | sentence credit for
each month of his or her sentence of | ||||||
7 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
8 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
9 | days credit for each month of his or her sentence, the period
| ||||||
10 | of estimated actual custody is ... years and ... months. If the | ||||||
11 | defendant,
because of his or her own misconduct or failure to | ||||||
12 | comply with the
institutional regulations receives lesser | ||||||
13 | credit, the actual time served in
prison will be longer."
| ||||||
14 | When a sentence of imprisonment is imposed for first degree | ||||||
15 | murder and
the offense was committed on or after June 19, 1998, | ||||||
16 | the judge's statement,
to be given after pronouncing the | ||||||
17 | sentence, shall include the following:
| ||||||
18 | "The purpose of this statement is to inform the public of | ||||||
19 | the actual period
of time this defendant is likely to spend in | ||||||
20 | prison as a result of this
sentence. The actual period of | ||||||
21 | prison time served is determined by the
statutes of Illinois as | ||||||
22 | applied to this sentence by the Illinois Department
of | ||||||
23 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
24 | case, the
defendant is not entitled to sentence credit. | ||||||
25 | Therefore, this defendant
will serve 100% of his or her | ||||||
26 | sentence."
|
| |||||||
| |||||||
1 | When the sentencing order recommends placement in a | ||||||
2 | substance abuse program for any offense that results in | ||||||
3 | incarceration
in a Department of Corrections facility and the | ||||||
4 | crime was
committed on or after September 1, 2003 (the | ||||||
5 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
6 | addition to any other judge's statement required under this
| ||||||
7 | Section, to be given after pronouncing the sentence, shall | ||||||
8 | include the
following:
| ||||||
9 | "The purpose of this statement is to inform the public of
| ||||||
10 | the actual period of time this defendant is likely to spend in
| ||||||
11 | prison as a result of this sentence. The actual period of
| ||||||
12 | prison time served is determined by the statutes of Illinois as
| ||||||
13 | applied to this sentence by the Illinois Department of
| ||||||
14 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
15 | case, the defendant shall receive no sentence credit for good | ||||||
16 | conduct under clause (3) of subsection (a) of Section 3-6-3 | ||||||
17 | until he or
she participates in and completes a substance abuse | ||||||
18 | treatment program or receives a waiver from the Director of | ||||||
19 | Corrections pursuant to clause (4.5) of subsection (a) of | ||||||
20 | Section 3-6-3."
| ||||||
21 | (c-4) Before the sentencing hearing and as part of the | ||||||
22 | presentence investigation under Section 5-3-1, the court shall | ||||||
23 | inquire of the defendant whether the defendant is currently | ||||||
24 | serving in or is a veteran of the Armed Forces of the United | ||||||
25 | States.
If the defendant is currently serving in the Armed | ||||||
26 | Forces of the United States or is a veteran of the Armed Forces |
| |||||||
| |||||||
1 | of the United States and has been diagnosed as having a mental | ||||||
2 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
3 | physician, the court may: | ||||||
4 | (1) order that the officer preparing the presentence | ||||||
5 | report consult with the United States Department of | ||||||
6 | Veterans Affairs, Illinois Department of Veterans' | ||||||
7 | Affairs, or another agency or person with suitable | ||||||
8 | knowledge or experience for the purpose of providing the | ||||||
9 | court with information regarding treatment options | ||||||
10 | available to the defendant, including federal, State, and | ||||||
11 | local programming; and | ||||||
12 | (2) consider the treatment recommendations of any | ||||||
13 | diagnosing or treating mental health professionals | ||||||
14 | together with the treatment options available to the | ||||||
15 | defendant in imposing sentence. | ||||||
16 | For the purposes of this subsection (c-4), "qualified | ||||||
17 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
18 | to practice medicine in all its branches, who has specialized | ||||||
19 | in the diagnosis and treatment of mental and nervous disorders | ||||||
20 | for a period of not less than 5 years. | ||||||
21 | (c-6) In imposing a sentence, the trial judge shall | ||||||
22 | specify, on the record, the particular evidence and other | ||||||
23 | reasons which led to his or her determination that a motor | ||||||
24 | vehicle was used in the commission of the offense. | ||||||
25 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
26 | other than a violent crime as defined in Section 3 of the |
| |||||||
| |||||||
1 | Rights of Crime Victims and Witnesses Act, the court shall | ||||||
2 | determine and indicate in the sentencing order whether the | ||||||
3 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
4 | or her sentence accounting for time served. | ||||||
5 | (d) When the defendant is committed to the Department of
| ||||||
6 | Corrections, the State's Attorney shall and counsel for the | ||||||
7 | defendant
may file a statement with the clerk of the court to | ||||||
8 | be transmitted to
the department, agency or institution to | ||||||
9 | which the defendant is
committed to furnish such department, | ||||||
10 | agency or institution with the
facts and circumstances of the | ||||||
11 | offense for which the person was
committed together with all | ||||||
12 | other factual information accessible to them
in regard to the | ||||||
13 | person prior to his commitment relative to his habits,
| ||||||
14 | associates, disposition and reputation and any other facts and
| ||||||
15 | circumstances which may aid such department, agency or | ||||||
16 | institution
during its custody of such person. The clerk shall | ||||||
17 | within 10 days after
receiving any such statements transmit a | ||||||
18 | copy to such department, agency
or institution and a copy to | ||||||
19 | the other party, provided, however, that
this shall not be | ||||||
20 | cause for delay in conveying the person to the
department, | ||||||
21 | agency or institution to which he has been committed.
| ||||||
22 | (e) The clerk of the court shall transmit to the | ||||||
23 | department,
agency or institution, if any, to which the | ||||||
24 | defendant is committed, the
following:
| ||||||
25 | (1) the sentence imposed;
| ||||||
26 | (2) any statement by the court of the basis for |
| |||||||
| |||||||
1 | imposing the sentence;
| ||||||
2 | (3) any presentence reports;
| ||||||
3 | (3.5) any sex offender evaluations;
| ||||||
4 | (3.6) any substance abuse treatment eligibility | ||||||
5 | screening and assessment of the defendant by an agent | ||||||
6 | designated by the State of Illinois to provide assessment | ||||||
7 | services for the Illinois courts;
| ||||||
8 | (4) the number of days, if any, which the defendant has | ||||||
9 | been in
custody and for which he is entitled to credit | ||||||
10 | against the sentence,
which information shall be provided | ||||||
11 | to the clerk by the sheriff;
| ||||||
12 | (4.1) any finding of great bodily harm made by the | ||||||
13 | court with respect
to an offense enumerated in subsection | ||||||
14 | (c-1);
| ||||||
15 | (5) all statements filed under subsection (d) of this | ||||||
16 | Section;
| ||||||
17 | (6) any medical or mental health records or summaries | ||||||
18 | of the defendant;
| ||||||
19 | (7) the municipality where the arrest of the offender | ||||||
20 | or the commission
of the offense has occurred, where such | ||||||
21 | municipality has a population of
more than 25,000 persons;
| ||||||
22 | (8) all statements made and evidence offered under | ||||||
23 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
24 | (9) all additional matters which the court directs the | ||||||
25 | clerk to
transmit.
| ||||||
26 | (f) In cases in which the court finds that a motor vehicle |
| |||||||
| |||||||
1 | was used in the commission of the offense for which the | ||||||
2 | defendant is being sentenced, the clerk of the court shall, | ||||||
3 | within 5 days thereafter, forward a report of such conviction | ||||||
4 | to the Secretary of State. | ||||||
5 | (Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11; | ||||||
6 | 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | ||||||
7 | 8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
| ||||||
8 | (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
| ||||||
9 | Sec. 5-8-6. Place of Confinement. | ||||||
10 | (a) Except as otherwise provided in this subsection (a), | ||||||
11 | offenders Offenders sentenced to a term
of imprisonment for a | ||||||
12 | felony shall be committed to the penitentiary
system of the | ||||||
13 | Department of Corrections.
However, such sentence shall
not | ||||||
14 | limit the powers of the Department of Children and Family | ||||||
15 | Services
in relation to any child under the age of one year in | ||||||
16 | the sole custody
of a person so sentenced, nor in relation to | ||||||
17 | any child delivered by a
female so sentenced while she is so | ||||||
18 | confined as a consequence of such
sentence. Except as otherwise | ||||||
19 | provided in this subsection (a), a A person sentenced for a | ||||||
20 | felony may be assigned by the
Department of Corrections to any | ||||||
21 | of its institutions, facilities or
programs. An offender | ||||||
22 | sentenced to a term of imprisonment for a Class 3 or 4 felony, | ||||||
23 | other than a violent crime as defined in Section 3 of the | ||||||
24 | Rights of Crime Victims and Witnesses Act, in which the | ||||||
25 | sentencing order indicates that the offender has less than 4 |
| |||||||
| |||||||
1 | months remaining on his or her sentence accounting for time | ||||||
2 | served may not be confined in the penitentiary
system of the | ||||||
3 | Department of Corrections but may be assigned to electronic | ||||||
4 | home detention under Article 8A of this Chapter V, an adult | ||||||
5 | transition center, or another facility or program within the | ||||||
6 | Department of Corrections.
| ||||||
7 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
8 | than one
year shall be committed to the custody of the sheriff. | ||||||
9 | A person committed to the
Department of Corrections, prior to | ||||||
10 | July 14, 1983, for less than one
year may be assigned by the
| ||||||
11 | Department to any of its institutions, facilities or programs.
| ||||||
12 | (c) All offenders under 17 years of age when sentenced to | ||||||
13 | imprisonment
shall be committed to the Department of Juvenile | ||||||
14 | Justice and the court in its order of commitment shall set a
| ||||||
15 | definite term. Such order of commitment shall be the sentence | ||||||
16 | of the
court which may be amended by the court while | ||||||
17 | jurisdiction is retained;
and such sentence shall apply | ||||||
18 | whenever the offender sentenced is in the
control and custody | ||||||
19 | of the Department of
Corrections. The provisions of Section | ||||||
20 | 3-3-3 shall be a part of such
commitment as fully as though | ||||||
21 | written in the order of commitment. The
committing court shall | ||||||
22 | retain jurisdiction of the subject matter and the
person until | ||||||
23 | he or she reaches the age of 21 unless earlier discharged.
| ||||||
24 | However, the Department of Juvenile Justice shall, after a | ||||||
25 | juvenile has reached 17 years of age, petition
the court to | ||||||
26 | conduct a hearing pursuant to subsection (c) of Section 3-10-7
|
| |||||||
| |||||||
1 | of this Code.
| ||||||
2 | (d) No defendant shall be committed to the Department of | ||||||
3 | Corrections
for the recovery of a fine or costs.
| ||||||
4 | (e) When a court sentences a defendant to a term of | ||||||
5 | imprisonment
concurrent with a previous and unexpired sentence | ||||||
6 | of imprisonment
imposed by any district court of the United | ||||||
7 | States, it may commit the
offender to the custody of the | ||||||
8 | Attorney General of the United States.
The Attorney General of | ||||||
9 | the United States, or the authorized
representative of the | ||||||
10 | Attorney General of the United States, shall be
furnished with | ||||||
11 | the warrant of commitment from the court imposing
sentence, | ||||||
12 | which warrant of commitment shall provide that, when the
| ||||||
13 | offender is released from federal confinement, whether by | ||||||
14 | parole or by
termination of sentence, the offender shall be | ||||||
15 | transferred by the
Sheriff of the committing county to the | ||||||
16 | Department of
Corrections. The
court shall cause the Department | ||||||
17 | to be notified of such sentence at the
time of commitment and | ||||||
18 | to be provided with copies of all records
regarding the | ||||||
19 | sentence.
| ||||||
20 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
21 | Section 99. Effective date. This Act takes effect on | ||||||
22 | January 1, 2018.
|