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91_HB1762ren HB1762 Re-Enrolled LRB9104930OBcd 1 AN ACT concerning treatment of addicts and alcoholics. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Alcoholism and Other Drug Abuse and 5 Dependency Act is amended by changing Section 40-10 as 6 follows: 7 (20 ILCS 301/40-10) 8 Sec. 40-10. Treatment as a condition of probation. 9 (a) If a court has reason to believe that an individual 10 who is charged with or convicted of a crime suffers from 11 alcoholism or other drug addiction and the court finds that 12 he is eligible to make the election provided for under 13 Section 40-5, the court shall advise the individualhimthat 14 he or she may be sentenced toplaced onprobation and shall 15 be subject to terms and conditions of probation under Section 16 5-6-3 of the Unified Code of Corrections if he or she elects 17 to submit to treatment and is accepted for treatment by a 18 designated program. The court shall further advise the 19 individualhimthat: 20 (1) if he or she elects to submit to treatment and 21 is accepted he or she shallmaybe sentenced toplaced on22 probation and placed under the supervision of the 23 designated program for a period not to exceed the maximum 24 sentence that could be imposed for his conviction or 5 25 years, whichever is less. 26 (2) during probation he or she may be treated at 27 the discretion of the designated program. 28 (3) if he or she adheres to the requirements of the 29 designated program and fulfills the other conditions of 30 probation ordered by the court, he or she will be 31 discharged, but any failure to adhere to the requirements HB1762 Re-Enrolled -2- LRB9104930OBcd 1 of the designated program is a breach of probation. 2Other conditions of probation that the court may order3shall include any condition of probation as authorized by4Section 5-6-3 of the Unified Code of Corrections.The court 5 may certify an individual for treatment while on probation 6 under the supervision of a designated program and probation 7 authorities regardless of the election of the individual. 8 (b) If the individual elects to undergo treatment or is 9 certified for treatment, the court shall order an examination 10 by a designated program to determine whether he suffers from 11 alcoholism or other drug addiction and is likely to be 12 rehabilitated through treatment. The designated program 13 shall report to the court the results of the examination and 14 recommend whether the individual should be placed for 15 treatment. If the court, on the basis of the report and 16 other information, finds that such an individual suffers from 17 alcoholism or other drug addiction and is likely to be 18 rehabilitated through treatment, the individual shall be 19 placed on probation and under the supervision of a designated 20 program for treatment and under the supervision of the proper 21 probation authorities for probation supervision unless, 22 giving consideration to the nature and circumstances of the 23 offense and to the history, character and condition of the 24 individual, the court is of the opinion that no significant 25 relationship exists between the addiction or alcoholism of 26 the individual and the crime committed, or that his 27 imprisonment or periodic imprisonment is necessary for the 28 protection of the public, and the court specifies on the 29 record the particular evidence, information or other reasons 30 that form the basis of such opinion. However, under no 31 circumstances shall the individual be placed under the 32 supervision of a designated program for treatment before the 33 entry of a judgment of conviction. 34 (c) If the court, on the basis of the report or other HB1762 Re-Enrolled -3- LRB9104930OBcd 1 information, finds that the individual suffering from 2 alcoholism or other drug addiction is not likely to be 3 rehabilitated through treatment, or that his addiction or 4 alcoholism and the crime committed are not significantly 5 related, or that his imprisonment or periodic imprisonment is 6 necessary for the protection of the public, the court shall 7 impose sentence as in other cases. The court may require such 8 progress reports on the individual from the probation officer 9 and designated program as the court finds necessary. No 10 individual may be placed under treatment supervision unless a 11 designated program accepts him for treatment. 12 (d) Failure of an individual placed on probation and 13 under the supervision of a designated program to observe the 14 requirements set down by the designated program shall be 15 considered a probation violation. Such failure shall be 16 reported by the designated program to the probation officer 17 in charge of the individual and treated in accordance with 18 probation regulations. 19 (e) Upon successful fulfillment of the terms and 20 conditions of probation the court shall discharge the person 21 from probation. If the person has not previously been 22 convicted of any felony offense and has not previously been 23 granted a vacation of judgment under this Section, upon 24 motion, the court shall vacate the judgment of conviction and 25 dismiss the criminal proceedings against him unless, having 26 considered the nature and circumstances of the offense and 27 the history, character and condition of the individual, the 28 court finds that the motion should not be granted. Unless 29 good cause is shown, such motion to vacate must be filed 30 within 30 days of the entry of the judgment. 31 Section 10. The Unified Code of Corrections is amended 32 by changing Section 5-5-3 as follows: HB1762 Re-Enrolled -4- LRB9104930OBcd 1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 2 Sec. 5-5-3. Disposition. 3 (a) Every person convicted of an offense shall be 4 sentenced as provided in this Section. 5 (b) The following options shall be appropriate 6 dispositions, alone or in combination, for all felonies and 7 misdemeanors other than those identified in subsection (c) of 8 this Section: 9 (1) A period of probation. 10 (2) A term of periodic imprisonment. 11 (3) A term of conditional discharge. 12 (4) A term of imprisonment. 13 (5) An order directing the offender to clean up and 14 repair the damage, if the offender was convicted under 15 paragraph (h) of Section 21-1 of the Criminal Code of 16 1961. 17 (6) A fine. 18 (7) An order directing the offender to make 19 restitution to the victim under Section 5-5-6 of this 20 Code. 21 (8) A sentence of participation in a county impact 22 incarceration program under Section 5-8-1.2 of this Code. 23 Whenever an individual is sentenced for an offense based 24 upon an arrest for a violation of Section 11-501 of the 25 Illinois Vehicle Code, or a similar provision of a local 26 ordinance, and the professional evaluation recommends 27 remedial or rehabilitative treatment or education, neither 28 the treatment nor the education shall be the sole disposition 29 and either or both may be imposed only in conjunction with 30 another disposition. The court shall monitor compliance with 31 any remedial education or treatment recommendations contained 32 in the professional evaluation. Programs conducting alcohol 33 or other drug evaluation or remedial education must be 34 licensed by the Department of Human Services. However, if HB1762 Re-Enrolled -5- LRB9104930OBcd 1 the individual is not a resident of Illinois, the court may 2 accept an alcohol or other drug evaluation or remedial 3 education program in the state of such individual's 4 residence. Programs providing treatment must be licensed 5 under existing applicable alcoholism and drug treatment 6 licensure standards. 7 In addition to any other fine or penalty required by law, 8 any individual convicted of a violation of Section 11-501 of 9 the Illinois Vehicle Code or a similar provision of local 10 ordinance, whose operation of a motor vehicle while in 11 violation of Section 11-501 or such ordinance proximately 12 caused an incident resulting in an appropriate emergency 13 response, shall be required to make restitution to a public 14 agency for the costs of that emergency response. Such 15 restitution shall not exceed $500 per public agency for each 16 such emergency response. For the purpose of this paragraph, 17 emergency response shall mean any incident requiring a 18 response by: a police officer as defined under Section 1-162 19 of the Illinois Vehicle Code; a fireman carried on the rolls 20 of a regularly constituted fire department; and an ambulance 21 as defined under Section 4.05 of the Emergency Medical 22 Services (EMS) Systems Act. 23 Neither a fine nor restitution shall be the sole 24 disposition for a felony and either or both may be imposed 25 only in conjunction with another disposition. 26 (c) (1) When a defendant is found guilty of first degree 27 murder the State may either seek a sentence of 28 imprisonment under Section 5-8-1 of this Code, or where 29 appropriate seek a sentence of death under Section 9-1 of 30 the Criminal Code of 1961. 31 (2) A period of probation, a term of periodic 32 imprisonment or conditional discharge shall not be 33 imposed for the following offenses. The court shall 34 sentence the offender to not less than the minimum term HB1762 Re-Enrolled -6- LRB9104930OBcd 1 of imprisonment set forth in this Code for the following 2 offenses, and may order a fine or restitution or both in 3 conjunction with such term of imprisonment: 4 (A) First degree murder where the death 5 penalty is not imposed. 6 (B) Attempted first degree murder. 7 (C) A Class X felony. 8 (D) A violation of Section 401.1 or 407 of the 9 Illinois Controlled Substances Act, or a violation 10 of subdivision (c)(2) of Section 401 of that Act 11 which relates to more than 5 grams of a substance 12 containing cocaine or an analog thereof. 13 (E) A violation of Section 5.1 or 9 of the 14 Cannabis Control Act. 15 (F) A Class 2 or greater felony if the 16 offender had been convicted of a Class 2 or greater 17 felony within 10 years of the date on which the 18 offenderhecommitted the offense for which he or 19 she is being sentenced, except as otherwise provided 20 in Section 40-10 of the Alcoholism and Other Drug 21 Abuse and Dependency Act. 22 (G) Residential burglary, except as otherwise 23 provided in Section 40-10 of the Alcoholism and 24 Other Drug Abuse and Dependency Act. 25 (H) Criminal sexual assault, except as 26 otherwise provided in subsection (e) of this 27 Section. 28 (I) Aggravated battery of a senior citizen. 29 (J) A forcible felony if the offense was 30 related to the activities of an organized gang. 31 Before July 1, 1994, for the purposes of this 32 paragraph, "organized gang" means an association of 33 5 or more persons, with an established hierarchy, 34 that encourages members of the association to HB1762 Re-Enrolled -7- LRB9104930OBcd 1 perpetrate crimes or provides support to the members 2 of the association who do commit crimes. 3 Beginning July 1, 1994, for the purposes of 4 this paragraph, "organized gang" has the meaning 5 ascribed to it in Section 10 of the Illinois 6 Streetgang Terrorism Omnibus Prevention Act. 7 (K) Vehicular hijacking. 8 (L) A second or subsequent conviction for the 9 offense of hate crime when the underlying offense 10 upon which the hate crime is based is felony 11 aggravated assault or felony mob action. 12 (M) A second or subsequent conviction for the 13 offense of institutional vandalism if the damage to 14 the property exceeds $300. 15 (N) A Class 3 felony violation of paragraph 16 (1) of subsection (a) of Section 2 of the Firearm 17 Owners Identification Card Act. 18 (O) A violation of Section 12-6.1 of the 19 Criminal Code of 1961. 20 (P) A violation of paragraph (1), (2), (3), 21 (4), (5), or (7) of subsection (a) of Section 22 11-20.1 of the Criminal Code of 1961. 23 (Q) A violation of Section 20-1.2 of the 24 Criminal Code of 1961. 25 (R)(Q)A violation of Section 24-3A of the 26 Criminal Code of 1961. 27 (3) A minimum term of imprisonment of not less than 28 48 consecutive hours or 100 hours of community service as 29 may be determined by the court shall be imposed for a 30 second or subsequent violation committed within 5 years 31 of a previous violation of Section 11-501 of the Illinois 32 Vehicle Code or a similar provision of a local ordinance. 33 (4) A minimum term of imprisonment of not less than 34 7 consecutive days or 30 days of community service shall HB1762 Re-Enrolled -8- LRB9104930OBcd 1 be imposed for a violation of paragraph (c) of Section 2 6-303 of the Illinois Vehicle Code. 3 (4.1) A minimum term of 30 consecutive days of 4 imprisonment, 40 days of 24 hour periodic imprisonment or 5 720 hours of community service, as may be determined by 6 the court, shall be imposed for a violation of Section 7 11-501 of the Illinois Vehicle Code during a period in 8 which the defendant's driving privileges are revoked or 9 suspended, where the revocation or suspension was for a 10 violation of Section 11-501 or Section 11-501.1 of that 11 Code. 12 (5) The court may sentence an offender convicted of 13 a business offense or a petty offense or a corporation or 14 unincorporated association convicted of any offense to: 15 (A) a period of conditional discharge; 16 (B) a fine; 17 (C) make restitution to the victim under 18 Section 5-5-6 of this Code. 19 (6) In no case shall an offender be eligible for a 20 disposition of probation or conditional discharge for a 21 Class 1 felony committed while he was serving a term of 22 probation or conditional discharge for a felony. 23 (7) When a defendant is adjudged a habitual 24 criminal under Article 33B of the Criminal Code of 1961, 25 the court shall sentence the defendant to a term of 26 natural life imprisonment. 27 (8) When a defendant, over the age of 21 years, is 28 convicted of a Class 1 or Class 2 felony, after having 29 twice been convicted of any Class 2 or greater Class 30 felonies in Illinois, and such charges are separately 31 brought and tried and arise out of different series of 32 acts, such defendant shall be sentenced as a Class X 33 offender. This paragraph shall not apply unless (1) the 34 first felony was committed after the effective date of HB1762 Re-Enrolled -9- LRB9104930OBcd 1 this amendatory Act of 1977; and (2) the second felony 2 was committed after conviction on the first; and (3) the 3 third felony was committed after conviction on the 4 second. 5 (9) A defendant convicted of a second or subsequent 6 offense of ritualized abuse of a child may be sentenced 7 to a term of natural life imprisonment. 8 (10) Beginning July 1, 1994, unless sentencing 9 under Section 33B-1 is applicable, a term of imprisonment 10 of not less than 15 years nor more than 50 years shall be 11 imposed on a defendant who violates Section 33A-2 of the 12 Criminal Code of 1961 with a firearm, when that person 13 has been convicted in any state or federal court of 3 or 14 more of the following offenses: treason, first degree 15 murder, second degree murder, aggravated criminal sexual 16 assault, criminal sexual assault, robbery, burglary, 17 arson, kidnaping, aggravated battery resulting in great 18 bodily harm or permanent disability or disfigurement, or 19 a violation of Section 401(a) of the Illinois Controlled 20 Substances Act, when the third offense was committed 21 after conviction on the second, the second offense was 22 committed after conviction on the first, and the 23 violation of Section 33A-2 of the Criminal Code of 1961 24 was committed after conviction on the third. 25 (11) Beginning July 1, 1994, a term of imprisonment 26 of not less than 10 years and not more than 30 years 27 shall be imposed on a defendant who violates Section 28 33A-2 with a Category I weapon where the offense was 29 committed in any school, or any conveyance owned, leased, 30 or contracted by a school to transport students to or 31 from school or a school related activity, on the real 32 property comprising any school or public park, and where 33 the offense was related to the activities of an organized 34 gang. For the purposes of this paragraph (11), HB1762 Re-Enrolled -10- LRB9104930OBcd 1 "organized gang" has the meaning ascribed to it in 2 Section 10 of the Illinois Streetgang Terrorism Omnibus 3 Prevention Act. 4 (d) In any case in which a sentence originally imposed 5 is vacated, the case shall be remanded to the trial court. 6 The trial court shall hold a hearing under Section 5-4-1 of 7 the Unified Code of Corrections which may include evidence of 8 the defendant's life, moral character and occupation during 9 the time since the original sentence was passed. The trial 10 court shall then impose sentence upon the defendant. The 11 trial court may impose any sentence which could have been 12 imposed at the original trial subject to Section 5-5-4 of the 13 Unified Code of Corrections. 14 (e) In cases where prosecution for criminal sexual 15 assault or aggravated criminal sexual abuse under Section 16 12-13 or 12-16 of the Criminal Code of 1961 results in 17 conviction of a defendant who was a family member of the 18 victim at the time of the commission of the offense, the 19 court shall consider the safety and welfare of the victim and 20 may impose a sentence of probation only where: 21 (1) the court finds (A) or (B) or both are 22 appropriate: 23 (A) the defendant is willing to undergo a 24 court approved counseling program for a minimum 25 duration of 2 years; or 26 (B) the defendant is willing to participate in 27 a court approved plan including but not limited to 28 the defendant's: 29 (i) removal from the household; 30 (ii) restricted contact with the victim; 31 (iii) continued financial support of the 32 family; 33 (iv) restitution for harm done to the 34 victim; and HB1762 Re-Enrolled -11- LRB9104930OBcd 1 (v) compliance with any other measures 2 that the court may deem appropriate; and 3 (2) the court orders the defendant to pay for the 4 victim's counseling services, to the extent that the 5 court finds, after considering the defendant's income and 6 assets, that the defendant is financially capable of 7 paying for such services, if the victim was under 18 8 years of age at the time the offense was committed and 9 requires counseling as a result of the offense. 10 Probation may be revoked or modified pursuant to Section 11 5-6-4; except where the court determines at the hearing that 12 the defendant violated a condition of his or her probation 13 restricting contact with the victim or other family members 14 or commits another offense with the victim or other family 15 members, the court shall revoke the defendant's probation and 16 impose a term of imprisonment. 17 For the purposes of this Section, "family member" and 18 "victim" shall have the meanings ascribed to them in Section 19 12-12 of the Criminal Code of 1961. 20 (f) This Article shall not deprive a court in other 21 proceedings to order a forfeiture of property, to suspend or 22 cancel a license, to remove a person from office, or to 23 impose any other civil penalty. 24 (g) Whenever a defendant is convicted of an offense 25 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 26 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 27 12-15 or 12-16 of the Criminal Code of 1961, the defendant 28 shall undergo medical testing to determine whether the 29 defendant has any sexually transmissible disease, including a 30 test for infection with human immunodeficiency virus (HIV) or 31 any other identified causative agent of acquired 32 immunodeficiency syndrome (AIDS). Any such medical test 33 shall be performed only by appropriately licensed medical 34 practitioners and may include an analysis of any bodily HB1762 Re-Enrolled -12- LRB9104930OBcd 1 fluids as well as an examination of the defendant's person. 2 Except as otherwise provided by law, the results of such test 3 shall be kept strictly confidential by all medical personnel 4 involved in the testing and must be personally delivered in a 5 sealed envelope to the judge of the court in which the 6 conviction was entered for the judge's inspection in camera. 7 Acting in accordance with the best interests of the victim 8 and the public, the judge shall have the discretion to 9 determine to whom, if anyone, the results of the testing may 10 be revealed. The court shall notify the defendant of the test 11 results. The court shall also notify the victim if requested 12 by the victim, and if the victim is under the age of 15 and 13 if requested by the victim's parents or legal guardian, the 14 court shall notify the victim's parents or legal guardian of 15 the test results. The court shall provide information on the 16 availability of HIV testing and counseling at Department of 17 Public Health facilities to all parties to whom the results 18 of the testing are revealed and shall direct the State's 19 Attorney to provide the information to the victim when 20 possible. A State's Attorney may petition the court to obtain 21 the results of any HIV test administered under this Section, 22 and the court shall grant the disclosure if the State's 23 Attorney shows it is relevant in order to prosecute a charge 24 of criminal transmission of HIV under Section 12-16.2 of the 25 Criminal Code of 1961 against the defendant. The court shall 26 order that the cost of any such test shall be paid by the 27 county and may be taxed as costs against the convicted 28 defendant. 29 (g-5) When an inmate is tested for an airborne 30 communicable disease, as determined by the Illinois 31 Department of Public Health including but not limited to 32 tuberculosis, the results of the test shall be personally 33 delivered by the warden or his or her designee in a sealed 34 envelope to the judge of the court in which the inmate must HB1762 Re-Enrolled -13- LRB9104930OBcd 1 appear for the judge's inspection in camera if requested by 2 the judge. Acting in accordance with the best interests of 3 those in the courtroom, the judge shall have the discretion 4 to determine what if any precautions need to be taken to 5 prevent transmission of the disease in the courtroom. 6 (h) Whenever a defendant is convicted of an offense 7 under Section 1 or 2 of the Hypodermic Syringes and Needles 8 Act, the defendant shall undergo medical testing to determine 9 whether the defendant has been exposed to human 10 immunodeficiency virus (HIV) or any other identified 11 causative agent of acquired immunodeficiency syndrome (AIDS). 12 Except as otherwise provided by law, the results of such test 13 shall be kept strictly confidential by all medical personnel 14 involved in the testing and must be personally delivered in a 15 sealed envelope to the judge of the court in which the 16 conviction was entered for the judge's inspection in camera. 17 Acting in accordance with the best interests of the public, 18 the judge shall have the discretion to determine to whom, if 19 anyone, the results of the testing may be revealed. The court 20 shall notify the defendant of a positive test showing an 21 infection with the human immunodeficiency virus (HIV). The 22 court shall provide information on the availability of HIV 23 testing and counseling at Department of Public Health 24 facilities to all parties to whom the results of the testing 25 are revealed and shall direct the State's Attorney to provide 26 the information to the victim when possible. A State's 27 Attorney may petition the court to obtain the results of any 28 HIV test administered under this Section, and the court 29 shall grant the disclosure if the State's Attorney shows it 30 is relevant in order to prosecute a charge of criminal 31 transmission of HIV under Section 12-16.2 of the Criminal 32 Code of 1961 against the defendant. The court shall order 33 that the cost of any such test shall be paid by the county 34 and may be taxed as costs against the convicted defendant. HB1762 Re-Enrolled -14- LRB9104930OBcd 1 (i) All fines and penalties imposed under this Section 2 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 3 Vehicle Code, or a similar provision of a local ordinance, 4 and any violation of the Child Passenger Protection Act, or a 5 similar provision of a local ordinance, shall be collected 6 and disbursed by the circuit clerk as provided under Section 7 27.5 of the Clerks of Courts Act. 8 (j) In cases when prosecution for any violation of 9 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 10 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12 12-16 of the Criminal Code of 1961, any violation of the 13 Illinois Controlled Substances Act, or any violation of the 14 Cannabis Control Act results in conviction, a disposition of 15 court supervision, or an order of probation granted under 16 Section 10 of the Cannabis Control Act or Section 410 of the 17 Illinois Controlled Substance Act of a defendant, the court 18 shall determine whether the defendant is employed by a 19 facility or center as defined under the Child Care Act of 20 1969, a public or private elementary or secondary school, or 21 otherwise works with children under 18 years of age on a 22 daily basis. When a defendant is so employed, the court 23 shall order the Clerk of the Court to send a copy of the 24 judgment of conviction or order of supervision or probation 25 to the defendant's employer by certified mail. If the 26 employer of the defendant is a school, the Clerk of the Court 27 shall direct the mailing of a copy of the judgment of 28 conviction or order of supervision or probation to the 29 appropriate regional superintendent of schools. The regional 30 superintendent of schools shall notify the State Board of 31 Education of any notification under this subsection. 32 (j-5) A defendant at least 17 years of age who is 33 convicted of a felony and who has not been previously 34 convicted of a misdemeanor or felony and who is sentenced to HB1762 Re-Enrolled -15- LRB9104930OBcd 1 a term of imprisonment in the Illinois Department of 2 Corrections shall as a condition of his or her sentence be 3 required by the court to attend educational courses designed 4 to prepare the defendant for a high school diploma and to 5 work toward a high school diploma or to work toward passing 6 the high school level Test of General Educational Development 7 (GED) or to work toward completing a vocational training 8 program offered by the Department of Corrections. If a 9 defendant fails to complete the educational training required 10 by his or her sentence during the term of incarceration, the 11 Prisoner Review Board shall, as a condition of mandatory 12 supervised release, require the defendant, at his or her own 13 expense, to pursue a course of study toward a high school 14 diploma or passage of the GED test. The Prisoner Review 15 Board shall revoke the mandatory supervised release of a 16 defendant who wilfully fails to comply with this subsection 17 (j-5) upon his or her release from confinement in a penal 18 institution while serving a mandatory supervised release 19 term; however, the inability of the defendant after making a 20 good faith effort to obtain financial aid or pay for the 21 educational training shall not be deemed a wilful failure to 22 comply. The Prisoner Review Board shall recommit the 23 defendant whose mandatory supervised release term has been 24 revoked under this subsection (j-5) as provided in Section 25 3-3-9. This subsection (j-5) does not apply to a defendant 26 who has a high school diploma or has successfully passed the 27 GED test. This subsection (j-5) does not apply to a defendant 28 who is determined by the court to be developmentally disabled 29 or otherwise mentally incapable of completing the educational 30 or vocational program. 31 (k) A court may not impose a sentence or disposition for 32 a felony or misdemeanor that requires the defendant to be 33 implanted or injected with or to use any form of birth 34 control. HB1762 Re-Enrolled -16- LRB9104930OBcd 1 (l) (A) Except as provided in paragraph (C) of 2 subsection (l), whenever a defendant, who is an alien as 3 defined by the Immigration and Nationality Act, is 4 convicted of any felony or misdemeanor offense, the court 5 after sentencing the defendant may, upon motion of the 6 State's Attorney, hold sentence in abeyance and remand 7 the defendant to the custody of the Attorney General of 8 the United States or his or her designated agent to be 9 deported when: 10 (1) a final order of deportation has been 11 issued against the defendant pursuant to proceedings 12 under the Immigration and Nationality Act, and 13 (2) the deportation of the defendant would not 14 deprecate the seriousness of the defendant's conduct 15 and would not be inconsistent with the ends of 16 justice. 17 Otherwise, the defendant shall be sentenced as 18 provided in this Chapter V. 19 (B) If the defendant has already been sentenced for 20 a felony or misdemeanor offense, or has been placed on 21 probation under Section 10 of the Cannabis Control Act or 22 Section 410 of the Illinois Controlled Substances Act, 23 the court may, upon motion of the State's Attorney to 24 suspend the sentence imposed, commit the defendant to the 25 custody of the Attorney General of the United States or 26 his or her designated agent when: 27 (1) a final order of deportation has been 28 issued against the defendant pursuant to proceedings 29 under the Immigration and Nationality Act, and 30 (2) the deportation of the defendant would not 31 deprecate the seriousness of the defendant's conduct 32 and would not be inconsistent with the ends of 33 justice. 34 (C) This subsection (l) does not apply to offenders HB1762 Re-Enrolled -17- LRB9104930OBcd 1 who are subject to the provisions of paragraph (2) of 2 subsection (a) of Section 3-6-3. 3 (D) Upon motion of the State's Attorney, if a 4 defendant sentenced under this Section returns to the 5 jurisdiction of the United States, the defendant shall be 6 recommitted to the custody of the county from which he or 7 she was sentenced. Thereafter, the defendant shall be 8 brought before the sentencing court, which may impose any 9 sentence that was available under Section 5-5-3 at the 10 time of initial sentencing. In addition, the defendant 11 shall not be eligible for additional good conduct credit 12 for meritorious service as provided under Section 3-6-6. 13 (m) A person convicted of criminal defacement of 14 property under Section 21-1.3 of the Criminal Code of 1961, 15 in which the property damage exceeds $300 and the property 16 damaged is a school building, shall be ordered to perform 17 community service that may include cleanup, removal, or 18 painting over the defacement. 19 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 20 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 21 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587, 22 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97; 23 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 24 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.) 25 (Source: P.A. 88-80; incorporates 88-311; 88-670, eff. 26 12-2-94.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.