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91_HB0032
LRB9100379RCkb
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall
10 prescribe rules and regulations for the early release on
11 account of good conduct of persons committed to the
12 Department which shall be subject to review by the
13 Prisoner Review Board.
14 (2) The rules and regulations on early release
15 shall provide, with respect to offenses committed on or
16 after June 19, 1998 the effective date of this amendatory
17 Act of 1998, the following:
18 (i) that a prisoner who is serving a term of
19 imprisonment for first degree murder shall receive
20 no good conduct credit and shall serve the entire
21 sentence imposed by the court;
22 (ii) that a prisoner serving a sentence for
23 attempt to commit first degree murder, solicitation
24 of murder, solicitation of murder for hire,
25 intentional homicide of an unborn child, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, criminal sexual assault,
28 aggravated kidnapping, aggravated battery with a
29 firearm, heinous battery, aggravated battery of a
30 senior citizen, or aggravated battery of a child
31 shall receive no more than 4.5 days of good conduct
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1 credit for each month of his or her sentence of
2 imprisonment; and
3 (iii) that a prisoner serving a sentence for
4 home invasion, armed robbery, aggravated vehicular
5 hijacking, aggravated discharge of a firearm, or
6 armed violence with a category I weapon or category
7 II weapon, when the court has made and entered a
8 finding, pursuant to subsection (c-1) of Section
9 5-4-1 of this Code, that the conduct leading to
10 conviction for the enumerated offense resulted in
11 great bodily harm to a victim, shall receive no more
12 than 4.5 days of good conduct credit for each month
13 of his or her sentence of imprisonment.
14 (2.1) For all offenses, other than those enumerated
15 in subdivision (a)(2) committed on or after June 19, 1998
16 the effective date of this amendatory Act of 1998, and
17 other than the offense of reckless homicide as defined in
18 subsection (e) of Section 9-3 of the Criminal Code of
19 1961 committed on or after January 1, 1999, and other
20 than an offense described in subdivision (a)(2.4)
21 committed on or after the effective date of this
22 amendatory Act of 1999, the rules and regulations shall
23 provide that a prisoner who is serving a term of
24 imprisonment shall receive one day of good conduct credit
25 for each day of his or her sentence of imprisonment or
26 recommitment under Section 3-3-9. Each day of good
27 conduct credit shall reduce by one day the prisoner's
28 period of imprisonment or recommitment under Section
29 3-3-9.
30 (2.2) A prisoner serving a term of natural life
31 imprisonment or a prisoner who has been sentenced to
32 death shall receive no good conduct credit.
33 (2.3) The rules and regulations on early release
34 shall provide that a prisoner who is serving a sentence
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1 for reckless homicide as defined in subsection (e) of
2 Section 9-3 of the Criminal Code of 1961 committed on or
3 after January 1, 1999 shall receive no more than 4.5 days
4 of good conduct credit for each month of his or her
5 sentence of imprisonment.
6 (2.4) The rules and regulations on early release
7 shall provide that a prisoner who is serving a sentence
8 for a sex offense as defined in Section 2 of the Sex
9 Offender Registration Act committed on or after the
10 effective date of this amendatory Act of 1999 shall, if
11 the victim was under 18 years of age at the time of the
12 offense, receive no more than 4.5 days of good conduct
13 credit for each month of his or her sentence of
14 imprisonment.
15 (3) The rules and regulations shall also provide
16 that the Director may award up to 180 days additional
17 good conduct credit for meritorious service in specific
18 instances as the Director deems proper; except that no
19 more than 90 days of good conduct credit for meritorious
20 service shall be awarded to any prisoner who is serving a
21 sentence for conviction of first degree murder, reckless
22 homicide while under the influence of alcohol or any
23 other drug, aggravated kidnapping, kidnapping, predatory
24 criminal sexual assault of a child, aggravated criminal
25 sexual assault, criminal sexual assault, deviate sexual
26 assault, aggravated criminal sexual abuse, aggravated
27 indecent liberties with a child, indecent liberties with
28 a child, child pornography, heinous battery, aggravated
29 battery of a spouse, aggravated battery of a spouse with
30 a firearm, stalking, aggravated stalking, aggravated
31 battery of a child, endangering the life or health of a
32 child, cruelty to a child, or narcotic racketeering.
33 Notwithstanding the foregoing, good conduct credit for
34 meritorious service shall not be awarded on a sentence of
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1 imprisonment imposed for conviction of: (i) one of the
2 offenses enumerated in subdivision (a)(2) when the
3 offense is committed on or after June 19, 1998; or (ii)
4 reckless homicide as defined in subsection (e) of Section
5 9-3 of the Criminal Code of 1961 if the offense is
6 committed on or after January 1, 1999; or (iii) an
7 offense described in subdivision (a)(2.4) if the offense
8 is committed on or after the effective date of this
9 amendatory Act of 1999 the effective date of this
10 amendatory Act of 1998.
11 (4) The rules and regulations shall also provide
12 that the good conduct credit accumulated and retained
13 under paragraph (2.1) of subsection (a) of this Section
14 by any inmate during specific periods of time in which
15 such inmate is engaged full-time in substance abuse
16 programs, correctional industry assignments, or
17 educational programs provided by the Department under
18 this paragraph (4) and satisfactorily completes the
19 assigned program as determined by the standards of the
20 Department, shall be multiplied by a factor of 1.25 for
21 program participation before August 11, 1993 and 1.50 for
22 program participation on or after that date. However, no
23 inmate shall be eligible for the additional good conduct
24 credit under this paragraph (4) while assigned to a boot
25 camp, mental health unit, or electronic detention, or if
26 convicted of an offense enumerated in paragraph (a)(2) of
27 this Section that is committed on or after June 19, 1998
28 the effective date of this amendatory Act of 1998, or if
29 convicted of reckless homicide as defined in subsection
30 (e) of Section 9-3 of the Criminal Code of 1961 if the
31 offense is committed on or after January 1, 1999, or if
32 convicted of an offense described in subdivision (a)(2.4)
33 if the offense is committed on or after the effective
34 date of this amendatory Act of 1999, or first degree
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1 murder, a Class X felony, criminal sexual assault, felony
2 criminal sexual abuse, aggravated criminal sexual abuse,
3 aggravated battery with a firearm, or any predecessor or
4 successor offenses with the same or substantially the
5 same elements, or any inchoate offenses relating to the
6 foregoing offenses. No inmate shall be eligible for the
7 additional good conduct credit under this paragraph (4)
8 who (i) has previously received increased good conduct
9 credit under this paragraph (4) and has subsequently been
10 convicted of a felony, or (ii) has previously served more
11 than one prior sentence of imprisonment for a felony in
12 an adult correctional facility.
13 Educational, vocational, substance abuse and
14 correctional industry programs under which good conduct
15 credit may be increased under this paragraph (4) shall be
16 evaluated by the Department on the basis of documented
17 standards. The Department shall report the results of
18 these evaluations to the Governor and the General
19 Assembly by September 30th of each year. The reports
20 shall include data relating to the recidivism rate among
21 program participants.
22 Availability of these programs shall be subject to
23 the limits of fiscal resources appropriated by the
24 General Assembly for these purposes. Eligible inmates
25 who are denied immediate admission shall be placed on a
26 waiting list under criteria established by the
27 Department. The inability of any inmate to become engaged
28 in any such programs by reason of insufficient program
29 resources or for any other reason established under the
30 rules and regulations of the Department shall not be
31 deemed a cause of action under which the Department or
32 any employee or agent of the Department shall be liable
33 for damages to the inmate.
34 (5) Whenever the Department is to release any
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1 inmate earlier than it otherwise would because of a grant
2 of good conduct credit for meritorious service given at
3 any time during the term, the Department shall give
4 reasonable advance notice of the impending release to the
5 State's Attorney of the county where the prosecution of
6 the inmate took place.
7 (b) Whenever a person is or has been committed under
8 several convictions, with separate sentences, the sentences
9 shall be construed under Section 5-8-4 in granting and
10 forfeiting of good time.
11 (c) The Department shall prescribe rules and regulations
12 for revoking good conduct credit, or suspending or reducing
13 the rate of accumulation of good conduct credit for specific
14 rule violations, during imprisonment. These rules and
15 regulations shall provide that no inmate may be penalized
16 more than one year of good conduct credit for any one
17 infraction.
18 When the Department seeks to revoke, suspend or reduce
19 the rate of accumulation of any good conduct credits for an
20 alleged infraction of its rules, it shall bring charges
21 therefor against the prisoner sought to be so deprived of
22 good conduct credits before the Prisoner Review Board as
23 provided in subparagraph (a)(4) of Section 3-3-2 of this
24 Code, if the amount of credit at issue exceeds 30 days or
25 when during any 12 month period, the cumulative amount of
26 credit revoked exceeds 30 days except where the infraction is
27 committed or discovered within 60 days of scheduled release.
28 In those cases, the Department of Corrections may revoke up
29 to 30 days of good conduct credit. The Board may subsequently
30 approve the revocation of additional good conduct credit, if
31 the Department seeks to revoke good conduct credit in excess
32 of 30 days. However, the Board shall not be empowered to
33 review the Department's decision with respect to the loss of
34 30 days of good conduct credit within any calendar year for
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1 any prisoner or to increase any penalty beyond the length
2 requested by the Department.
3 The Director of the Department of Corrections, in
4 appropriate cases, may restore up to 30 days good conduct
5 credits which have been revoked, suspended or reduced. Any
6 restoration of good conduct credits in excess of 30 days
7 shall be subject to review by the Prisoner Review Board.
8 However, the Board may not restore good conduct credit in
9 excess of the amount requested by the Director.
10 Nothing contained in this Section shall prohibit the
11 Prisoner Review Board from ordering, pursuant to Section
12 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
13 the sentence imposed by the court that was not served due to
14 the accumulation of good conduct credit.
15 (d) If a lawsuit is filed by a prisoner in an Illinois
16 or federal court against the State, the Department of
17 Corrections, or the Prisoner Review Board, or against any of
18 their officers or employees, and the court makes a specific
19 finding that a pleading, motion, or other paper filed by the
20 prisoner is frivolous, the Department of Corrections shall
21 conduct a hearing to revoke up to 180 days of good conduct
22 credit by bringing charges against the prisoner sought to be
23 deprived of the good conduct credits before the Prisoner
24 Review Board as provided in subparagraph (a)(8) of Section
25 3-3-2 of this Code. If the prisoner has not accumulated 180
26 days of good conduct credit at the time of the finding, then
27 the Prisoner Review Board may revoke all good conduct credit
28 accumulated by the prisoner.
29 For purposes of this subsection (d):
30 (1) "Frivolous" means that a pleading, motion, or
31 other filing which purports to be a legal document filed
32 by a prisoner in his or her lawsuit meets any or all of
33 the following criteria:
34 (A) it lacks an arguable basis either in law
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1 or in fact;
2 (B) it is being presented for any improper
3 purpose, such as to harass or to cause unnecessary
4 delay or needless increase in the cost of
5 litigation;
6 (C) the claims, defenses, and other legal
7 contentions therein are not warranted by existing
8 law or by a nonfrivolous argument for the extension,
9 modification, or reversal of existing law or the
10 establishment of new law;
11 (D) the allegations and other factual
12 contentions do not have evidentiary support or, if
13 specifically so identified, are not likely to have
14 evidentiary support after a reasonable opportunity
15 for further investigation or discovery; or
16 (E) the denials of factual contentions are not
17 warranted on the evidence, or if specifically so
18 identified, are not reasonably based on a lack of
19 information or belief.
20 (2) "Lawsuit" means a petition for post-conviction
21 relief under Article 122 of the Code of Criminal
22 Procedure of 1963, a motion pursuant to Section 116-3 of
23 the Code of Criminal Procedure of 1963, a habeas corpus
24 action under Article X of the Code of Civil Procedure or
25 under federal law (28 U.S.C. 2254), a petition for claim
26 under the Court of Claims Act or an action under the
27 federal Civil Rights Act (42 U.S.C. 1983).
28 (e) Nothing in this amendatory Act of 1998 affects the
29 validity of Public Act 89-404. and other than the offense of
30 reckless homicide as defined in subsection (e) of Section 9-3
31 of the Criminal Code of 1961 committed on or after the
32 effective date of this amendatory Act of 1998, (2.3) The
33 rules and regulations on early release shall provide that a
34 prisoner who is serving sentence for reckless homicide as
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1 defined in subsection (e) of Section 9-3 of the Criminal Code
2 of 1961 committed on or after the effective date of this
3 amendatory Act of 1998 shall receive no more than 4.5 days of
4 good conduct credit for each month of his or her sentence of
5 imprisonment.: (i) or (ii) reckless homicide as defined in
6 subsection (e) of Section 9-3 of the Criminal Code of 1961
7 when the offense is committed on or after the effective date
8 of this amendatory Act of 1998 or if convicted of reckless
9 homicide as defined in subsection (e) of Section 9-3 of the
10 Criminal Code of 1961 if the offense is committed on or after
11 the effective date of this amendatory Act of 1998,
12 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
13 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 9-16-98.)
14 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
15 Sec. 5-4-1. Sentencing Hearing.
16 (a) Except when the death penalty is sought under
17 hearing procedures otherwise specified, after a determination
18 of guilt, a hearing shall be held to impose the sentence.
19 However, prior to the imposition of sentence on an individual
20 being sentenced for an offense based upon a charge for a
21 violation of Section 11-501 of the Illinois Vehicle Code or a
22 similar provision of a local ordinance, the individual must
23 undergo a professional evaluation to determine if an alcohol
24 or other drug abuse problem exists and the extent of such a
25 problem. Programs conducting these evaluations shall be
26 licensed by the Department of Human Services. However, if
27 the individual is not a resident of Illinois, the court may,
28 in its discretion, accept an evaluation from a program in the
29 state of such individual's residence. The court may in its
30 sentencing order approve an eligible defendant for placement
31 in a Department of Corrections impact incarceration program
32 as provided in Section 5-8-1.1. At the hearing the court
33 shall:
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1 (1) consider the evidence, if any, received upon
2 the trial;
3 (2) consider any presentence reports;
4 (3) consider the financial impact of incarceration
5 based on the financial impact statement filed with the
6 clerk of the court by the Department of Corrections;
7 (4) consider evidence and information offered by
8 the parties in aggravation and mitigation;
9 (5) hear arguments as to sentencing alternatives;
10 (6) afford the defendant the opportunity to make a
11 statement in his own behalf;
12 (7) afford the victim of a violent crime or a
13 violation of Section 11-501 of the Illinois Vehicle Code,
14 or a similar provision of a local ordinance, committed by
15 the defendant the opportunity to make a statement
16 concerning the impact on the victim and to offer evidence
17 in aggravation or mitigation; provided that the statement
18 and evidence offered in aggravation or mitigation must
19 first be prepared in writing in conjunction with the
20 State's Attorney before it may be presented orally at the
21 hearing. Any sworn testimony offered by the victim is
22 subject to the defendant's right to cross-examine. All
23 statements and evidence offered under this paragraph (7)
24 shall become part of the record of the court; and
25 (8) in cases of reckless homicide afford the
26 victim's spouse, guardians, parents or other immediate
27 family members an opportunity to make oral statements.
28 (b) All sentences shall be imposed by the judge based
29 upon his independent assessment of the elements specified
30 above and any agreement as to sentence reached by the
31 parties. The judge who presided at the trial or the judge
32 who accepted the plea of guilty shall impose the sentence
33 unless he is no longer sitting as a judge in that court.
34 Where the judge does not impose sentence at the same time on
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1 all defendants who are convicted as a result of being
2 involved in the same offense, the defendant or the State's
3 Attorney may advise the sentencing court of the disposition
4 of any other defendants who have been sentenced.
5 (c) In imposing a sentence for a violent crime or for an
6 offense of operating or being in physical control of a
7 vehicle while under the influence of alcohol, any other drug
8 or any combination thereof, or a similar provision of a local
9 ordinance, when such offense resulted in the personal injury
10 to someone other than the defendant, the trial judge shall
11 specify on the record the particular evidence, information,
12 factors in mitigation and aggravation or other reasons that
13 led to his sentencing determination. The full verbatim record
14 of the sentencing hearing shall be filed with the clerk of
15 the court and shall be a public record.
16 (c-1) In imposing a sentence for the offense of
17 aggravated kidnapping for ransom, home invasion, armed
18 robbery, aggravated vehicular hijacking, aggravated discharge
19 of a firearm, or armed violence with a category I weapon or
20 category II weapon, the trial judge shall make a finding as
21 to whether the conduct leading to conviction for the offense
22 resulted in great bodily harm to a victim, and shall enter
23 that finding and the basis for that finding in the record.
24 (c-2) If the defendant is sentenced to prison, other
25 than when a sentence of natural life imprisonment or a
26 sentence of death is imposed, at the time the sentence is
27 imposed the judge shall state on the record in open court the
28 approximate period of time the defendant will serve in
29 custody according to the then current statutory rules and
30 regulations for early release found in Section 3-6-3 and
31 other related provisions of this Code. This statement is
32 intended solely to inform the public, has no legal effect on
33 the defendant's actual release, and may not be relied on by
34 the defendant on appeal.
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1 The judge's statement, to be given after pronouncing the
2 sentence, other than when the sentence is imposed for one of
3 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
4 shall include the following:
5 "The purpose of this statement is to inform the public of
6 the actual period of time this defendant is likely to spend
7 in prison as a result of this sentence. The actual period of
8 prison time served is determined by the statutes of Illinois
9 as applied to this sentence by the Illinois Department of
10 Corrections and the Illinois Prisoner Review Board. In this
11 case, assuming the defendant receives all of his or her good
12 conduct credit, the period of estimated actual custody is ...
13 years and ... months, less up to 180 days additional good
14 conduct credit for meritorious service. If the defendant,
15 because of his or her own misconduct or failure to comply
16 with the institutional regulations, does not receive those
17 credits, the actual time served in prison will be longer.
18 The defendant may also receive an additional one-half day
19 good conduct credit for each day of participation in
20 vocational, industry, substance abuse, and educational
21 programs as provided for by Illinois statute."
22 When the sentence is imposed for one of the offenses
23 enumerated in paragraph (a)(3) of Section 3-6-3, other than
24 when the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
26 or after June 19, 1998 the effective date of this amendatory
27 Act of 1998, and other than when the sentence is imposed for
28 reckless homicide as defined in subsection (e) of Section 9-3
29 of the Criminal Code of 1961 committed on or after January 1,
30 1999, and other than when the sentence is imposed for an
31 offense described in paragraph (a)(2.4) of Section 3-6-3
32 committed on or after the effective date of this amendatory
33 Act of 1999, the judge's statement, to be given after
34 pronouncing the sentence, shall include the following:
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1 "The purpose of this statement is to inform the public of
2 the actual period of time this defendant is likely to spend
3 in prison as a result of this sentence. The actual period of
4 prison time served is determined by the statutes of Illinois
5 as applied to this sentence by the Illinois Department of
6 Corrections and the Illinois Prisoner Review Board. In this
7 case, assuming the defendant receives all of his or her good
8 conduct credit, the period of estimated actual custody is ...
9 years and ... months, less up to 90 days additional good
10 conduct credit for meritorious service. If the defendant,
11 because of his or her own misconduct or failure to comply
12 with the institutional regulations, does not receive those
13 credits, the actual time served in prison will be longer.
14 The defendant may also receive an additional one-half day
15 good conduct credit for each day of participation in
16 vocational, industry, substance abuse, and educational
17 programs as provided for by Illinois statute."
18 When the sentence is imposed for one of the offenses
19 enumerated in paragraph (a)(2) of Section 3-6-3, other than
20 first degree murder, and the offense was committed on or
21 after June 19, 1998 the effective date of this amendatory Act
22 of 1998, and when the sentence is imposed for reckless
23 homicide as defined in subsection (e) of Section 9-3 of the
24 Criminal Code of 1961 committed on or after January 1, 1999,
25 and when the sentence is imposed for an offense described in
26 paragraph (a)(2.4) of Section 3-6-3 committed on or after the
27 effective date of this amendatory Act of 1999, the judge's
28 statement, to be given after pronouncing the sentence, shall
29 include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, the defendant is entitled to no more than 4 1/2 days of
3 good conduct credit for each month of his or her sentence of
4 imprisonment. Therefore, this defendant will serve at least
5 85% of his or her sentence. Assuming the defendant receives
6 4 1/2 days credit for each month of his or her sentence, the
7 period of estimated actual custody is ... years and ...
8 months. If the defendant, because of his or her own
9 misconduct or failure to comply with the institutional
10 regulations receives lesser credit, the actual time served in
11 prison will be longer."
12 When a sentence of imprisonment is imposed for first
13 degree murder and the offense was committed on or after June
14 19, 1998 the effective date of this amendatory Act of 1998,
15 the judge's statement, to be given after pronouncing the
16 sentence, shall include the following:
17 "The purpose of this statement is to inform the public of
18 the actual period of time this defendant is likely to spend
19 in prison as a result of this sentence. The actual period of
20 prison time served is determined by the statutes of Illinois
21 as applied to this sentence by the Illinois Department of
22 Corrections and the Illinois Prisoner Review Board. In this
23 case, the defendant is not entitled to good conduct credit.
24 Therefore, this defendant will serve 100% of his or her
25 sentence."
26 (d) When the defendant is committed to the Department of
27 Corrections, the State's Attorney shall and counsel for the
28 defendant may file a statement with the clerk of the court to
29 be transmitted to the department, agency or institution to
30 which the defendant is committed to furnish such department,
31 agency or institution with the facts and circumstances of the
32 offense for which the person was committed together with all
33 other factual information accessible to them in regard to the
34 person prior to his commitment relative to his habits,
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1 associates, disposition and reputation and any other facts
2 and circumstances which may aid such department, agency or
3 institution during its custody of such person. The clerk
4 shall within 10 days after receiving any such statements
5 transmit a copy to such department, agency or institution and
6 a copy to the other party, provided, however, that this shall
7 not be cause for delay in conveying the person to the
8 department, agency or institution to which he has been
9 committed.
10 (e) The clerk of the court shall transmit to the
11 department, agency or institution, if any, to which the
12 defendant is committed, the following:
13 (1) the sentence imposed;
14 (2) any statement by the court of the basis for
15 imposing the sentence;
16 (3) any presentence reports;
17 (4) the number of days, if any, which the defendant
18 has been in custody and for which he is entitled to
19 credit against the sentence, which information shall be
20 provided to the clerk by the sheriff;
21 (4.1) any finding of great bodily harm made by the
22 court with respect to an offense enumerated in subsection
23 (c-1);
24 (5) all statements filed under subsection (d) of
25 this Section;
26 (6) any medical or mental health records or
27 summaries of the defendant;
28 (7) the municipality where the arrest of the
29 offender or the commission of the offense has occurred,
30 where such municipality has a population of more than
31 25,000 persons;
32 (8) all statements made and evidence offered under
33 paragraph (7) of subsection (a) of this Section; and
34 (9) all additional matters which the court directs
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1 the clerk to transmit. and other than when the sentence
2 is imposed for reckless homicide as defined in subsection
3 (e) of Section 9-3 of the Criminal Code of 1961 if the
4 offense was committed on or after the effective date of
5 this amendatory Act of 1998, and when the sentence is
6 imposed for reckless homicide as defined in subsection
7 (e) of Section 9-3 of the Criminal Code of 1961 if the
8 offense was committed on or after the effective date of
9 this amendatory Act of 1998,
10 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
11 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
12 1-1-99; revised 11-25-98.)