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91_HB4136eng HB4136 Engrossed 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 HB4136 Engrossed -2- LRB9111496RCpk 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. HB4136 Engrossed -3- LRB9111496RCpk 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 HB4136 Engrossed -4- LRB9111496RCpk 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, HB4136 Engrossed -5- LRB9111496RCpk 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 HB4136 Engrossed -6- LRB9111496RCpk 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. HB4136 Engrossed -7- LRB9111496RCpk 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 HB4136 Engrossed -8- LRB9111496RCpk 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). HB4136 Engrossed -9- LRB9111496RCpk 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 HB4136 Engrossed -10- LRB9111496RCpk 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 HB4136 Engrossed -11- LRB9111496RCpk 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 HB4136 Engrossed -12- LRB9111496RCpk 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 HB4136 Engrossed -13- LRB9111496RCpk 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 HB4136 Engrossed -14- LRB9111496RCpk 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. HB4136 Engrossed -15- LRB9111496RCpk 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 HB4136 Engrossed -16- LRB9111496RCpk 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 HB4136 Engrossed -17- LRB9111496RCpk 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 HB4136 Engrossed -18- LRB9111496RCpk 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 HB4136 Engrossed -19- LRB9111496RCpk 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 HB4136 Engrossed -20- LRB9111496RCpk 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.