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91_HB4136
LRB9111496RCpk
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3, 5-4-1, and 5-8-4.
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, 5-4-1, and 5-8-4 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 following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.1) For all offenses, other than those enumerated
14 in subdivision (a)(2) committed on or after June 19,
15 1998, and other than the offense of reckless homicide as
16 defined in subsection (e) of Section 9-3 of the Criminal
17 Code of 1961 committed on or after January 1, 1999, the
18 rules and regulations shall provide that a prisoner who
19 is serving a term of imprisonment shall receive one day
20 of good conduct credit for each day of his or her
21 sentence of imprisonment or recommitment under Section
22 3-3-9. Each day of good conduct credit shall reduce by
23 one day the prisoner's period of imprisonment or
24 recommitment under Section 3-3-9.
25 (2.2) A prisoner serving a term of natural life
26 imprisonment or a prisoner who has been sentenced to
27 death shall receive no good conduct credit.
28 (2.3) The rules and regulations on early release
29 shall provide that a prisoner who is serving a sentence
30 for reckless homicide as defined in subsection (e) of
31 Section 9-3 of the Criminal Code of 1961 committed on or
32 after January 1, 1999 shall receive no more than 4.5 days
33 of good conduct credit for each month of his or her
34 sentence of imprisonment.
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1 (2.4) The rules and regulations on early release
2 shall provide with respect to the offenses of aggravated
3 battery with a machine gun or a firearm equipped with any
4 device or attachment designed or used for silencing the
5 report of a firearm or aggravated discharge of a machine
6 gun or a firearm equipped with any device or attachment
7 designed or used for silencing the report of a firearm,
8 committed on or after the effective date of this
9 amendatory Act of 1999, that a prisoner serving a
10 sentence for any of these offenses shall receive no more
11 than 4.5 days of good conduct credit for each month of
12 his or her sentence of imprisonment.
13 (2.5) The rules and regulations on early release
14 shall provide that a prisoner who is serving a sentence
15 for aggravated arson committed on or after the effective
16 date of this amendatory Act of the 91st General Assembly
17 shall receive no more than 4.5 days of good conduct
18 credit for each month of his or her sentence of
19 imprisonment.
20 (3) The rules and regulations shall also provide
21 that the Director may award up to 180 days additional
22 good conduct credit for meritorious service in specific
23 instances as the Director deems proper; except that no
24 more than 90 days of good conduct credit for meritorious
25 service shall be awarded to any prisoner who is serving a
26 sentence for conviction of first degree murder, reckless
27 homicide while under the influence of alcohol or any
28 other drug, aggravated kidnapping, kidnapping, predatory
29 criminal sexual assault of a child, aggravated criminal
30 sexual assault, criminal sexual assault, deviate sexual
31 assault, aggravated criminal sexual abuse, aggravated
32 indecent liberties with a child, indecent liberties with
33 a child, child pornography, heinous battery, aggravated
34 battery of a spouse, aggravated battery of a spouse with
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1 a firearm, stalking, aggravated stalking, aggravated
2 battery of a child, endangering the life or health of a
3 child, cruelty to a child, or narcotic racketeering.
4 Notwithstanding the foregoing, good conduct credit for
5 meritorious service shall not be awarded on a sentence of
6 imprisonment imposed for conviction of: (i) one of the
7 offenses enumerated in subdivision (a)(2) when the
8 offense is committed on or after June 19, 1998, (ii)
9 reckless homicide as defined in subsection (e) of Section
10 9-3 of the Criminal Code of 1961 when the offense is
11 committed on or after January 1, 1999, or (iii) for
12 conviction of one of the offenses enumerated in
13 subdivision (a)(2.4) when the offense is committed on or
14 after the effective date of this amendatory Act of 1999,
15 or (iv) aggravated arson when the offense is committed on
16 or after the effective date of this amendatory Act of the
17 91st General Assembly.
18 (4) The rules and regulations shall also provide
19 that the good conduct credit accumulated and retained
20 under paragraph (2.1) of subsection (a) of this Section
21 by any inmate during specific periods of time in which
22 such inmate is engaged full-time in substance abuse
23 programs, correctional industry assignments, or
24 educational programs provided by the Department under
25 this paragraph (4) and satisfactorily completes the
26 assigned program as determined by the standards of the
27 Department, shall be multiplied by a factor of 1.25 for
28 program participation before August 11, 1993 and 1.50 for
29 program participation on or after that date. However, no
30 inmate shall be eligible for the additional good conduct
31 credit under this paragraph (4) while assigned to a boot
32 camp, mental health unit, or electronic detention, or if
33 convicted of an offense enumerated in paragraph (a)(2) of
34 this Section that is committed on or after June 19, 1998,
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1 or if convicted of reckless homicide as defined in
2 subsection (e) of Section 9-3 of the Criminal Code of
3 1961 if the offense is committed on or after January 1,
4 1999, or if convicted of an offense enumerated in
5 paragraph (a)(2.4) of this Section that is committed on
6 or after the effective date of this amendatory Act of
7 1999, or first degree murder, a Class X felony, criminal
8 sexual assault, felony criminal sexual abuse, aggravated
9 criminal sexual abuse, aggravated battery with a firearm,
10 or any predecessor or successor offenses with the same or
11 substantially the same elements, or any inchoate offenses
12 relating to the foregoing offenses. No inmate shall be
13 eligible for the additional good conduct credit under
14 this paragraph (4) who (i) has previously received
15 increased good conduct credit under this paragraph (4)
16 and has subsequently been convicted of a felony, or (ii)
17 has previously served more than one prior sentence of
18 imprisonment for a felony in an adult correctional
19 facility.
20 Educational, vocational, substance abuse and
21 correctional industry programs under which good conduct
22 credit may be increased under this paragraph (4) shall be
23 evaluated by the Department on the basis of documented
24 standards. The Department shall report the results of
25 these evaluations to the Governor and the General
26 Assembly by September 30th of each year. The reports
27 shall include data relating to the recidivism rate among
28 program participants.
29 Availability of these programs shall be subject to
30 the limits of fiscal resources appropriated by the
31 General Assembly for these purposes. Eligible inmates
32 who are denied immediate admission shall be placed on a
33 waiting list under criteria established by the
34 Department. The inability of any inmate to become
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1 engaged in any such programs by reason of insufficient
2 program resources or for any other reason established
3 under the rules and regulations of the Department shall
4 not be deemed a cause of action under which the
5 Department or any employee or agent of the Department
6 shall be liable for damages to the inmate.
7 (5) Whenever the Department is to release any
8 inmate earlier than it otherwise would because of a grant
9 of good conduct credit for meritorious service given at
10 any time during the term, the Department shall give
11 reasonable advance notice of the impending release to the
12 State's Attorney of the county where the prosecution of
13 the inmate took place.
14 (b) Whenever a person is or has been committed under
15 several convictions, with separate sentences, the sentences
16 shall be construed under Section 5-8-4 in granting and
17 forfeiting of good time.
18 (c) The Department shall prescribe rules and regulations
19 for revoking good conduct credit, or suspending or reducing
20 the rate of accumulation of good conduct credit for specific
21 rule violations, during imprisonment. These rules and
22 regulations shall provide that no inmate may be penalized
23 more than one year of good conduct credit for any one
24 infraction.
25 When the Department seeks to revoke, suspend or reduce
26 the rate of accumulation of any good conduct credits for an
27 alleged infraction of its rules, it shall bring charges
28 therefor against the prisoner sought to be so deprived of
29 good conduct credits before the Prisoner Review Board as
30 provided in subparagraph (a)(4) of Section 3-3-2 of this
31 Code, if the amount of credit at issue exceeds 30 days or
32 when during any 12 month period, the cumulative amount of
33 credit revoked exceeds 30 days except where the infraction is
34 committed or discovered within 60 days of scheduled release.
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1 In those cases, the Department of Corrections may revoke up
2 to 30 days of good conduct credit. The Board may subsequently
3 approve the revocation of additional good conduct credit, if
4 the Department seeks to revoke good conduct credit in excess
5 of 30 days. However, the Board shall not be empowered to
6 review the Department's decision with respect to the loss of
7 30 days of good conduct credit within any calendar year for
8 any prisoner or to increase any penalty beyond the length
9 requested by the Department.
10 The Director of the Department of Corrections, in
11 appropriate cases, may restore up to 30 days good conduct
12 credits which have been revoked, suspended or reduced. Any
13 restoration of good conduct credits in excess of 30 days
14 shall be subject to review by the Prisoner Review Board.
15 However, the Board may not restore good conduct credit in
16 excess of the amount requested by the Director.
17 Nothing contained in this Section shall prohibit the
18 Prisoner Review Board from ordering, pursuant to Section
19 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
20 the sentence imposed by the court that was not served due to
21 the accumulation of good conduct credit.
22 (d) If a lawsuit is filed by a prisoner in an Illinois
23 or federal court against the State, the Department of
24 Corrections, or the Prisoner Review Board, or against any of
25 their officers or employees, and the court makes a specific
26 finding that a pleading, motion, or other paper filed by the
27 prisoner is frivolous, the Department of Corrections shall
28 conduct a hearing to revoke up to 180 days of good conduct
29 credit by bringing charges against the prisoner sought to be
30 deprived of the good conduct credits before the Prisoner
31 Review Board as provided in subparagraph (a)(8) of Section
32 3-3-2 of this Code. If the prisoner has not accumulated 180
33 days of good conduct credit at the time of the finding, then
34 the Prisoner Review Board may revoke all good conduct credit
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1 accumulated by the prisoner.
2 For purposes of this subsection (d):
3 (1) "Frivolous" means that a pleading, motion, or
4 other filing which purports to be a legal document filed
5 by a prisoner in his or her lawsuit meets any or all of
6 the following criteria:
7 (A) it lacks an arguable basis either in law
8 or in fact;
9 (B) it is being presented for any improper
10 purpose, such as to harass or to cause unnecessary
11 delay or needless increase in the cost of
12 litigation;
13 (C) the claims, defenses, and other legal
14 contentions therein are not warranted by existing
15 law or by a nonfrivolous argument for the extension,
16 modification, or reversal of existing law or the
17 establishment of new law;
18 (D) the allegations and other factual
19 contentions do not have evidentiary support or, if
20 specifically so identified, are not likely to have
21 evidentiary support after a reasonable opportunity
22 for further investigation or discovery; or
23 (E) the denials of factual contentions are not
24 warranted on the evidence, or if specifically so
25 identified, are not reasonably based on a lack of
26 information or belief.
27 (2) "Lawsuit" means a petition for post-conviction
28 relief under Article 122 of the Code of Criminal
29 Procedure of 1963, a motion pursuant to Section 116-3 of
30 the Code of Criminal Procedure of 1963, a habeas corpus
31 action under Article X of the Code of Civil Procedure or
32 under federal law (28 U.S.C. 2254), a petition for claim
33 under the Court of Claims Act or an action under the
34 federal Civil Rights Act (42 U.S.C. 1983).
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1 (e) Nothing in this amendatory Act of 1998 affects the
2 validity of Public Act 89-404.
3 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97;
4 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff.
5 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
6 eff. 7-29-99.)
7 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
8 Sec. 5-4-1. Sentencing Hearing.
9 (a) Except when the death penalty is sought under
10 hearing procedures otherwise specified, after a determination
11 of guilt, a hearing shall be held to impose the sentence.
12 However, prior to the imposition of sentence on an individual
13 being sentenced for an offense based upon a charge for a
14 violation of Section 11-501 of the Illinois Vehicle Code or a
15 similar provision of a local ordinance, the individual must
16 undergo a professional evaluation to determine if an alcohol
17 or other drug abuse problem exists and the extent of such a
18 problem. Programs conducting these evaluations shall be
19 licensed by the Department of Human Services. However, if
20 the individual is not a resident of Illinois, the court may,
21 in its discretion, accept an evaluation from a program in the
22 state of such individual's residence. The court may in its
23 sentencing order approve an eligible defendant for placement
24 in a Department of Corrections impact incarceration program
25 as provided in Section 5-8-1.1. At the hearing the court
26 shall:
27 (1) consider the evidence, if any, received upon
28 the trial;
29 (2) consider any presentence reports;
30 (3) consider the financial impact of incarceration
31 based on the financial impact statement filed with the
32 clerk of the court by the Department of Corrections;
33 (4) consider evidence and information offered by
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1 the parties in aggravation and mitigation;
2 (5) hear arguments as to sentencing alternatives;
3 (6) afford the defendant the opportunity to make a
4 statement in his own behalf;
5 (7) afford the victim of a violent crime or a
6 violation of Section 11-501 of the Illinois Vehicle Code,
7 or a similar provision of a local ordinance, committed by
8 the defendant the opportunity to make a statement
9 concerning the impact on the victim and to offer evidence
10 in aggravation or mitigation; provided that the statement
11 and evidence offered in aggravation or mitigation must
12 first be prepared in writing in conjunction with the
13 State's Attorney before it may be presented orally at the
14 hearing. Any sworn testimony offered by the victim is
15 subject to the defendant's right to cross-examine. All
16 statements and evidence offered under this paragraph (7)
17 shall become part of the record of the court; and
18 (8) in cases of reckless homicide afford the
19 victim's spouse, guardians, parents or other immediate
20 family members an opportunity to make oral statements.
21 (b) All sentences shall be imposed by the judge based
22 upon his independent assessment of the elements specified
23 above and any agreement as to sentence reached by the
24 parties. The judge who presided at the trial or the judge
25 who accepted the plea of guilty shall impose the sentence
26 unless he is no longer sitting as a judge in that court.
27 Where the judge does not impose sentence at the same time on
28 all defendants who are convicted as a result of being
29 involved in the same offense, the defendant or the State's
30 Attorney may advise the sentencing court of the disposition
31 of any other defendants who have been sentenced.
32 (c) In imposing a sentence for a violent crime or for an
33 offense of operating or being in physical control of a
34 vehicle while under the influence of alcohol, any other drug
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1 or any combination thereof, or a similar provision of a local
2 ordinance, when such offense resulted in the personal injury
3 to someone other than the defendant, the trial judge shall
4 specify on the record the particular evidence, information,
5 factors in mitigation and aggravation or other reasons that
6 led to his sentencing determination. The full verbatim record
7 of the sentencing hearing shall be filed with the clerk of
8 the court and shall be a public record.
9 (c-1) In imposing a sentence for the offense of
10 aggravated kidnapping for ransom, home invasion, armed
11 robbery, aggravated vehicular hijacking, aggravated discharge
12 of a firearm, or armed violence with a category I weapon or
13 category II weapon, the trial judge shall make a finding as
14 to whether the conduct leading to conviction for the offense
15 resulted in great bodily harm to a victim, and shall enter
16 that finding and the basis for that finding in the record.
17 (c-2) If the defendant is sentenced to prison, other
18 than when a sentence of natural life imprisonment or a
19 sentence of death is imposed, at the time the sentence is
20 imposed the judge shall state on the record in open court the
21 approximate period of time the defendant will serve in
22 custody according to the then current statutory rules and
23 regulations for early release found in Section 3-6-3 and
24 other related provisions of this Code. This statement is
25 intended solely to inform the public, has no legal effect on
26 the defendant's actual release, and may not be relied on by
27 the defendant on appeal.
28 The judge's statement, to be given after pronouncing the
29 sentence, other than when the sentence is imposed for one of
30 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
31 shall include the following:
32 "The purpose of this statement is to inform the public of
33 the actual period of time this defendant is likely to spend
34 in prison as a result of this sentence. The actual period of
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1 prison time served is determined by the statutes of Illinois
2 as applied to this sentence by the Illinois Department of
3 Corrections and the Illinois Prisoner Review Board. In this
4 case, assuming the defendant receives all of his or her good
5 conduct credit, the period of estimated actual custody is ...
6 years and ... months, less up to 180 days additional good
7 conduct credit for meritorious service. If the defendant,
8 because of his or her own misconduct or failure to comply
9 with the institutional regulations, does not receive those
10 credits, the actual time served in prison will be longer.
11 The defendant may also receive an additional one-half day
12 good conduct credit for each day of participation in
13 vocational, industry, substance abuse, and educational
14 programs as provided for by Illinois statute."
15 When the sentence is imposed for one of the offenses
16 enumerated in paragraph (a)(3) of Section 3-6-3, other than
17 when the sentence is imposed for one of the offenses
18 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
19 or after June 19, 1998, and other than when the sentence is
20 imposed for reckless homicide as defined in subsection (e) of
21 Section 9-3 of the Criminal Code of 1961 if the offense was
22 committed on or after January 1, 1999, and other than when
23 the sentence is imposed for aggravated arson if the offense
24 was committed on or after the effective date of this
25 amendatory Act of the 91st General Assembly, the judge's
26 statement, to be given after pronouncing the sentence, shall
27 include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, assuming the defendant receives all of his or her good
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1 conduct credit, the period of estimated actual custody is ...
2 years and ... months, less up to 90 days additional good
3 conduct credit for meritorious service. If the defendant,
4 because of his or her own misconduct or failure to comply
5 with the institutional regulations, does not receive those
6 credits, the actual time served in prison will be longer.
7 The defendant may also receive an additional one-half day
8 good conduct credit for each day of participation in
9 vocational, industry, substance abuse, and educational
10 programs as provided for by Illinois statute."
11 When the sentence is imposed for one of the offenses
12 enumerated in paragraph (a)(2) of Section 3-6-3, other than
13 first degree murder, and the offense was committed on or
14 after June 19, 1998, and when the sentence is imposed for
15 reckless homicide as defined in subsection (e) of Section 9-3
16 of the Criminal Code of 1961 if the offense was committed on
17 or after January 1, 1999, and when the sentence is imposed
18 for aggravated arson if the offense was committed on or after
19 the effective date of this amendatory Act of the 91st General
20 Assembly, the judge's statement, to be given after
21 pronouncing the sentence, shall include the following:
22 "The purpose of this statement is to inform the public of
23 the actual period of time this defendant is likely to spend
24 in prison as a result of this sentence. The actual period of
25 prison time served is determined by the statutes of Illinois
26 as applied to this sentence by the Illinois Department of
27 Corrections and the Illinois Prisoner Review Board. In this
28 case, the defendant is entitled to no more than 4 1/2 days of
29 good conduct credit for each month of his or her sentence of
30 imprisonment. Therefore, this defendant will serve at least
31 85% of his or her sentence. Assuming the defendant receives
32 4 1/2 days credit for each month of his or her sentence, the
33 period of estimated actual custody is ... years and ...
34 months. If the defendant, because of his or her own
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1 misconduct or failure to comply with the institutional
2 regulations receives lesser credit, the actual time served in
3 prison will be longer."
4 When a sentence of imprisonment is imposed for first
5 degree murder and the offense was committed on or after June
6 19, 1998, the judge's statement, to be given after
7 pronouncing the sentence, shall include the following:
8 "The purpose of this statement is to inform the public of
9 the actual period of time this defendant is likely to spend
10 in prison as a result of this sentence. The actual period of
11 prison time served is determined by the statutes of Illinois
12 as applied to this sentence by the Illinois Department of
13 Corrections and the Illinois Prisoner Review Board. In this
14 case, the defendant is not entitled to good conduct credit.
15 Therefore, this defendant will serve 100% of his or her
16 sentence."
17 (d) When the defendant is committed to the Department of
18 Corrections, the State's Attorney shall and counsel for the
19 defendant may file a statement with the clerk of the court to
20 be transmitted to the department, agency or institution to
21 which the defendant is committed to furnish such department,
22 agency or institution with the facts and circumstances of the
23 offense for which the person was committed together with all
24 other factual information accessible to them in regard to the
25 person prior to his commitment relative to his habits,
26 associates, disposition and reputation and any other facts
27 and circumstances which may aid such department, agency or
28 institution during its custody of such person. The clerk
29 shall within 10 days after receiving any such statements
30 transmit a copy to such department, agency or institution and
31 a copy to the other party, provided, however, that this shall
32 not be cause for delay in conveying the person to the
33 department, agency or institution to which he has been
34 committed.
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1 (e) The clerk of the court shall transmit to the
2 department, agency or institution, if any, to which the
3 defendant is committed, the following:
4 (1) the sentence imposed;
5 (2) any statement by the court of the basis for
6 imposing the sentence;
7 (3) any presentence reports;
8 (4) the number of days, if any, which the defendant
9 has been in custody and for which he is entitled to
10 credit against the sentence, which information shall be
11 provided 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
16 this Section;
17 (6) any medical or mental health records or
18 summaries of the defendant;
19 (7) the municipality where the arrest of the
20 offender or the commission of the offense has occurred,
21 where such municipality has a population of more than
22 25,000 persons;
23 (8) all statements made and evidence offered under
24 paragraph (7) of subsection (a) of this Section; and
25 (9) all additional matters which the court directs
26 the clerk to transmit.
27 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
28 90-740, eff. 1-1-99; 91-357, eff. 7-29-99.)
29 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
30 Sec. 5-8-4. Concurrent and Consecutive Terms of
31 Imprisonment.
32 (a) When multiple sentences of imprisonment are imposed
33 on a defendant at the same time, or when a term of
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1 imprisonment is imposed on a defendant who is already subject
2 to sentence in this State or in another state, or for a
3 sentence imposed by any district court of the United States,
4 the sentences shall run concurrently or consecutively as
5 determined by the court. When a term of imprisonment is
6 imposed on a defendant by an Illinois circuit court and the
7 defendant is subsequently sentenced to a term of imprisonment
8 by another state or by a district court of the United States,
9 the Illinois circuit court which imposed the sentence may
10 order that the Illinois sentence be made concurrent with the
11 sentence imposed by the other state or district court of the
12 United States. The defendant must apply to the circuit court
13 within 30 days after the defendant's sentence imposed by the
14 other state or district of the United States is finalized.
15 The court shall not impose consecutive sentences for offenses
16 which were committed as part of a single course of conduct
17 during which there was no substantial change in the nature of
18 the criminal objective, unless:
19 (i) one of the offenses for which defendant was
20 convicted was first degree murder or a Class X or Class 1
21 felony and the defendant inflicted severe bodily injury
22 during the commission of any of these offenses, or
23 (ii) the defendant was convicted of a violation of
24 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
25 1961, or
26 (iii) the defendant was convicted of armed violence
27 based upon the predicate offense of solicitation of
28 murder, solicitation of murder for hire, heinous battery,
29 aggravated battery of a senior citizen, criminal sexual
30 assault, a violation of subsection (g) of Section 5 of
31 the Cannabis Control Act, cannabis trafficking, a
32 violation of subsection (a) of Section 401 of the
33 Illinois Controlled Substances Act, controlled substance
34 trafficking involving a Class X felony amount of
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1 controlled substance under Section 401 of the Illinois
2 Controlled Substances Act, calculated criminal drug
3 conspiracy, or streetgang criminal drug conspiracy,
4 in which event the court shall enter sentences to run
5 consecutively. Sentences shall run concurrently unless
6 otherwise specified by the court.
7 (b) The court shall not impose a consecutive sentence
8 except as provided for in subsection (a) unless, having
9 regard to the nature and circumstances of the offense and the
10 history and character of the defendant, it is of the opinion
11 that such a term is required to protect the public from
12 further criminal conduct by the defendant, the basis for
13 which the court shall set forth in the record; except that no
14 such finding or opinion is required when multiple sentences
15 of imprisonment are imposed on a defendant for offenses that
16 were not committed as part of a single course of conduct
17 during which there was no substantial change in the nature of
18 the criminal objective, and one of the offenses for which the
19 defendant was convicted was first degree murder or a Class X
20 or Class 1 felony and the defendant inflicted severe bodily
21 injury during the commission of any of these offenses, or
22 when the defendant was convicted of a violation of Section
23 12-13, 12-14, or 12-14.1 of the Criminal Code of 1961, or
24 where the defendant was convicted of armed violence based
25 upon the predicate offense of solicitation of murder,
26 solicitation of murder for hire, heinous battery, aggravated
27 battery of a senior citizen, criminal sexual assault, a
28 violation of subsection (g) of Section 5 of the Cannabis
29 Control Act, cannabis trafficking, a violation of subsection
30 (a) of Section 401 of the Illinois Controlled Substances Act,
31 controlled substance trafficking involving a Class X felony
32 amount of controlled substance under Section 401 of the
33 Illinois Controlled Substances Act, calculated criminal drug
34 conspiracy, or streetgang criminal drug conspiracy, in which
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1 event the Court shall enter sentences to run consecutively.
2 (c) (1) For sentences imposed under law in effect prior
3 to February 1, 1978 the aggregate maximum of consecutive
4 sentences shall not exceed the maximum term authorized
5 under Section 5-8-1 for the 2 most serious felonies
6 involved. The aggregate minimum period of consecutive
7 sentences shall not exceed the highest minimum term
8 authorized under Section 5-8-1 for the 2 most serious
9 felonies involved. When sentenced only for misdemeanors,
10 a defendant shall not be consecutively sentenced to more
11 than the maximum for one Class A misdemeanor.
12 (2) For sentences imposed under the law in effect
13 on or after February 1, 1978, the aggregate of
14 consecutive sentences for offenses that were committed as
15 part of a single course of conduct during which there was
16 no substantial change in the nature of the criminal
17 objective shall not exceed the sum of the maximum terms
18 authorized under Section 5-8-2 for the 2 most serious
19 felonies involved, but no such limitation shall apply for
20 offenses that were not committed as part of a single
21 course of conduct during which there was no substantial
22 change in the nature of the criminal objective. When
23 sentenced only for misdemeanors, a defendant shall not be
24 consecutively sentenced to more than the maximum for one
25 Class A misdemeanor.
26 (d) An offender serving a sentence for a misdemeanor who
27 is convicted of a felony and sentenced to imprisonment shall
28 be transferred to the Department of Corrections, and the
29 misdemeanor sentence shall be merged in and run concurrently
30 with the felony sentence.
31 (e) In determining the manner in which consecutive
32 sentences of imprisonment, one or more of which is for a
33 felony, will be served, the Department of Corrections shall
34 treat the offender as though he had been committed for a
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1 single term with the following incidents:
2 (1) the maximum period of a term of imprisonment
3 shall consist of the aggregate of the maximums of the
4 imposed indeterminate terms, if any, plus the aggregate
5 of the imposed determinate sentences for felonies plus
6 the aggregate of the imposed determinate sentences for
7 misdemeanors subject to paragraph (c) of this Section;
8 (2) the parole or mandatory supervised release term
9 shall be as provided in paragraph (e) of Section 5-8-1 of
10 this Code for the most serious of the offenses involved;
11 (3) the minimum period of imprisonment shall be the
12 aggregate of the minimum and determinate periods of
13 imprisonment imposed by the court, subject to paragraph
14 (c) of this Section; and
15 (4) the offender shall be awarded credit against
16 the aggregate maximum term and the aggregate minimum term
17 of imprisonment for all time served in an institution
18 since the commission of the offense or offenses and as a
19 consequence thereof at the rate specified in Section
20 3-6-3 of this Code.
21 (f) A sentence of an offender committed to the
22 Department of Corrections at the time of the commission of
23 the offense shall be served consecutive to the sentence under
24 which he is held by the Department of Corrections. However,
25 in case such offender shall be sentenced to punishment by
26 death, the sentence shall be executed at such time as the
27 court may fix without regard to the sentence under which such
28 offender may be held by the Department.
29 (g) A sentence under Section 3-6-4 for escape or
30 attempted escape shall be served consecutive to the terms
31 under which the offender is held by the Department of
32 Corrections.
33 (h) If a person charged with a felony commits a separate
34 felony while on pre-trial release or in pretrial detention in
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1 a county jail facility or county detention facility, the
2 sentences imposed upon conviction of these felonies shall be
3 served consecutively regardless of the order in which the
4 judgments of conviction are entered.
5 (i) If a person admitted to bail following conviction of
6 a felony commits a separate felony while free on bond or if a
7 person detained in a county jail facility or county detention
8 facility following conviction of a felony commits a separate
9 felony while in detention, any sentence following conviction
10 of the separate felony shall be consecutive to that of the
11 original sentence for which the defendant was on bond or
12 detained.
13 (Source: P.A. 90-128, eff. 7-22-97; 91-144, eff. 1-1-00;
14 91-404, eff. 1-1-00; revised 9-29-99.)
15 Section 99. Effective date. This Act takes effect
16 January 1, 2001.