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91_HB0032eng HB0032 Engrossed 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, 1998the effective date of this amendatory17Act 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 HB0032 Engrossed -2- LRB9100379RCkb 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 16the 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 HB0032 Engrossed -3- LRB9100379RCkb 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 HB0032 Engrossed -4- LRB9100379RCkb 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 1999the effective date of this10amendatory 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 28the 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 HB0032 Engrossed -5- LRB9100379RCkb 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 HB0032 Engrossed -6- LRB9100379RCkb 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 HB0032 Engrossed -7- LRB9100379RCkb 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 HB0032 Engrossed -8- LRB9100379RCkb 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 of30reckless homicide as defined in subsection (e) of Section 9-331of the Criminal Code of 1961 committed on or after the32effective date of this amendatory Act of 1998, (2.3) The33rules and regulations on early release shall provide that a34prisoner who is serving sentence for reckless homicide asHB0032 Engrossed -9- LRB9100379RCkb 1defined in subsection (e) of Section 9-3 of the Criminal Code2of 1961 committed on or after the effective date of this3amendatory Act of 1998 shall receive no more than 4.5 days of4good conduct credit for each month of his or her sentence of5imprisonment.: (i) or (ii) reckless homicide as defined in6subsection (e) of Section 9-3 of the Criminal Code of 19617when the offense is committed on or after the effective date8of this amendatory Act of 1998 or if convicted of reckless9homicide as defined in subsection (e) of Section 9-3 of the10Criminal Code of 1961 if the offense is committed on or after11the 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: HB0032 Engrossed -10- LRB9100379RCkb 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 HB0032 Engrossed -11- LRB9100379RCkb 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. HB0032 Engrossed -12- LRB9100379RCkb 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, 1998the effective date of this amendatory27Act 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: HB0032 Engrossed -13- LRB9100379RCkb 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, 1998the effective date of this amendatory Act22of 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 HB0032 Engrossed -14- LRB9100379RCkb 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, 1998the 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, HB0032 Engrossed -15- LRB9100379RCkb 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 HB0032 Engrossed -16- LRB9100379RCkb 1 the clerk to transmit.and other than when the sentence2is imposed for reckless homicide as defined in subsection3(e) of Section 9-3 of the Criminal Code of 1961 if the4offense was committed on or after the effective date of5this amendatory Act of 1998, and when the sentence is6imposed for reckless homicide as defined in subsection7(e) of Section 9-3 of the Criminal Code of 1961 if the8offense was committed on or after the effective date of9this 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.)