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91_SB1364eng SB1364 Engrossed LRB9111409RCpk 1 AN ACT to re-enact provisions of the Unified Code of 2 Corrections contained in Articles 35 and 50 of Public Act 3 88-680. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 1. Purpose. 7 (1) The General Assembly finds and declares that: 8 (i) Public Act 88-680, effective January 1, 1995, 9 contained provisions amending the Unified Code of 10 Corrections. Public Act 88-680 also contained other 11 provisions. 12 (ii) In addition, Public Act 88-680 was entitled 13 "AN ACT to create a Safe Neighborhoods Law". (A) Article 14 5 was entitled JUVENILE JUSTICE and amended the Juvenile 15 Court Act of 1987. (B) Article 15 was entitled GANGS and 16 amended various provisions of the Criminal Code of 1961 17 and the Unified Code of Corrections. (C) Article 20 was 18 entitled ALCOHOL ABUSE and amended various provisions of 19 the Illinois Vehicle Code. (D) Article 25 was entitled 20 DRUG ABUSE and amended the Cannabis Control Act and the 21 Illinois Controlled Substances Act. (E) Article 30 was 22 entitled FIREARMS and amended the Criminal Code of 1961 23 and the Code of Criminal Procedure of 1963. (F) Article 24 35 amended the Criminal Code of 1961, the Rights of Crime 25 Victims and Witnesses Act, and the Unified Code of 26 Corrections. (G) Article 40 amended the Criminal Code of 27 1961 to increase the penalty for compelling organization 28 membership of persons. (H) Article 45 created the Secure 29 Residential Youth Care Facility Licensing Act and amended 30 the State Finance Act, the Juvenile Court Act of 1987, 31 the Unified Code of Corrections, and the Private 32 Correctional Facility Moratorium Act. (I) Article 50 SB1364 Engrossed -2- LRB9111409RCpk 1 amended the WIC Vendor Management Act, the Firearm Owners 2 Identification Card Act, the Juvenile Court Act of 1987, 3 the Criminal Code of 1961, the Wrongs to Children Act, 4 and the Unified Code of Corrections. 5 (iii) On December 2, 1999, the Illinois Supreme 6 Court, in People v. Cervantes, Docket No. 87229, ruled 7 that Public Act 88-680 violates the single subject clause 8 of the Illinois Constitution (Article IV, Section 8 (d)) 9 and was unconstitutional in its entirety. 10 (iv) The provisions of Public Act 88-680 amending 11 the Unified Code of Corrections are of vital concern to 12 the people of this State and legislative action 13 concerning those provisions of Public Act 88-680 is 14 necessary. 15 (2) It is the purpose of this Act to re-enact the 16 provisions of Articles 35 and 50 of Public Act 88-680 17 amending the Unified Code of Corrections, including 18 subsequent amendments. This re-enactment is intended to 19 remove any question as to the validity or content of those 20 provisions. 21 (3) This Act re-enacts various provisions of Articles 35 22 and 50 of Public Act 88-680 amending the Unified Code of 23 Corrections, including subsequent amendments, to remove any 24 question as to the validity or content of those provisions; 25 it is not intended to supersede any other Public Act that 26 amends the text of the Sections as set forth in this Act. The 27 material is shown as existing text (i.e., without 28 underscoring). 29 ARTICLE 35 30 Section 35-20. The Unified Code of Corrections is 31 amended by re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and 32 3-14-4 as follows: SB1364 Engrossed -3- LRB9111409RCpk 1 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4) 2 Sec. 3-6-4. Enforcement of Discipline - Escape. 3 (a) A committed person who escapes or attempts to escape 4 from an institution or facility of the Adult Division, or 5 escapes or attempts to escape while in the custody of an 6 employee of the Adult Division, or holds or participates in 7 the holding of any person as a hostage by force, threat or 8 violence, or while participating in any disturbance, 9 demonstration or riot, causes, directs or participates in the 10 destruction of any property is guilty of a Class 2 felony. A 11 committed person who fails to return from furlough or from 12 work and day release is guilty of a Class 3 felony. 13 (b) If one or more committed persons injures or attempts 14 to injure in a violent manner any employee, officer, guard, 15 other peace officer or any other committed person or damages 16 or attempts to damage any building or workshop, or any 17 appurtenances thereof, or attempts to escape, or disobeys or 18 resists any lawful command, the employees, officers, guards 19 and other peace officers shall use all suitable means to 20 defend themselves, to enforce the observance of discipline, 21 to secure the persons of the offenders, and prevent such 22 attempted violence or escape; and said employees, officers, 23 guards, or other peace officers, or any of them, shall, in 24 the attempt to prevent the escape of any such person, or in 25 attempting to retake any such person who has escaped, or in 26 attempting to prevent or suppress violence by a committed 27 person against another person, a riot, revolt, mutiny or 28 insurrection, be justified in the use of force, including 29 force likely to cause death or great bodily harm under 30 Section 7-8 of the Criminal Code of 1961 which he reasonably 31 believed necessary. 32 As used in this Section, "committed person" includes a 33 person held in detention in a secure facility or committed as 34 a sexually violent person and held in a secure facility under SB1364 Engrossed -4- LRB9111409RCpk 1 the Sexually Violent Persons Commitment Act; and "peace 2 officer" means any officer or member of any duly organized 3 State, county or municipal police unit or police force. 4 (c) The Department shall establish procedures to provide 5 immediate notification of the escape of any person, as 6 defined in subsection (a) of this Section, to the persons 7 specified in subsection (c) of Section 3-14-1 of this Code. 8 (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.) 9 (730 ILCS 5/3-10-13) 10 Sec. 3-10-13. Notifications of Release or Escape. 11 (a) The Department shall establish procedures to provide 12 written notification of the release of any person from the 13 Juvenile Division to the persons and agencies specified in 14 subsection (c) of Section 3-14-1 of this Code. 15 (b) The Department shall establish procedures to provide 16 immediate notification of the escape of any person from the 17 Juvenile Division to the persons and agencies specified in 18 subsection (c) of Section 3-14-1 of this Code. 19 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.) 20 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) 21 Sec. 3-14-1. Release from the Institution. 22 (a) Upon release of a person on parole, mandatory 23 release, final discharge or pardon the Department shall 24 return all property held for him, provide him with suitable 25 clothing and procure necessary transportation for him to his 26 designated place of residence and employment. It may provide 27 such person with a grant of money for travel and expenses 28 which may be paid in installments. The amount of the money 29 grant shall be determined by the Department. 30 The Department of Corrections may establish and maintain, 31 in any institution it administers, revolving funds to be 32 known as "Travel and Allowances Revolving Funds". These SB1364 Engrossed -5- LRB9111409RCpk 1 revolving funds shall be used for advancing travel and 2 expense allowances to committed, paroled, and discharged 3 prisoners. The moneys paid into such revolving funds shall 4 be from appropriations to the Department for Committed, 5 Paroled, and Discharged Prisoners. 6 (b) (Blank). 7 (c) Except as otherwise provided in this Code, the 8 Department shall establish procedures to provide written 9 notification of any release of any person who has been 10 convicted of a felony to the State's Attorney and sheriff of 11 the county from which the offender was committed, and the 12 State's Attorney and sheriff of the county into which the 13 offender is to be paroled or released. Except as otherwise 14 provided in this Code, the Department shall establish 15 procedures to provide written notification to the proper law 16 enforcement agency for any municipality of any release of any 17 person who has been convicted of a felony if the arrest of 18 the offender or the commission of the offense took place in 19 the municipality, if the offender is to be paroled or 20 released into the municipality, or if the offender resided in 21 the municipality at the time of the commission of the 22 offense. If a person convicted of a felony who is in the 23 custody of the Department of Corrections or on parole or 24 mandatory supervised release informs the Department that he 25 or she has resided, resides, or will reside at an address 26 that is a housing facility owned, managed, operated, or 27 leased by a public housing agency, the Department must send 28 written notification of that information to the public 29 housing agency that owns, manages, operates, or leases the 30 housing facility. The written notification shall, when 31 possible, be given at least 14 days before release of the 32 person from custody, or as soon thereafter as possible. 33 (c-1) (Blank). 34 (d) Upon the release of a committed person on parole, SB1364 Engrossed -6- LRB9111409RCpk 1 mandatory supervised release, final discharge or pardon, the 2 Department shall provide such person with information 3 concerning programs and services of the Illinois Department 4 of Public Health to ascertain whether such person has been 5 exposed to the human immunodeficiency virus (HIV) or any 6 identified causative agent of Acquired Immunodeficiency 7 Syndrome (AIDS). 8 (Source: P.A. 91-506, eff. 8-13-99.) 9 (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4) 10 Sec. 3-14-4. Half-way Houses. 11 (a) The Department may establish and maintain half-way 12 houses for the residence of persons on parole or mandatory 13 release. Such half-way houses shall be maintained apart from 14 security institutions, except that the Director of 15 Corrections is authorized to designate that any work or day 16 release facility, or any portion thereof, may be used as a 17 half-way house for the residence of persons on parole or 18 mandatory supervised release. 19 (b) For those persons to be placed in a half-way house 20 directly upon release from an institution on parole or 21 mandatory supervised release status, not less than 15 days 22 prior to the placement of such a person in such a half-way 23 house, the Department of Corrections shall give written 24 notice to the State's Attorney and the Sheriff of the county 25 and the proper law enforcement agency of the municipality in 26 which the half-way house is located of the identity of the 27 person to be placed in that program. Such identifying 28 information shall include, but not be limited to, the name of 29 the individual, age, physical description, photograph, the 30 crime for which the person was originally sentenced to the 31 Department of Corrections, and like information. The notice 32 shall be given in all cases, except when placement of an 33 emergency nature is necessary. In such emergency cases, oral SB1364 Engrossed -7- LRB9111409RCpk 1 notice shall be given to the appropriate parties within 24 2 hours with written notice to follow within 5 days. 3 (c) Persons on parole or mandatory supervised release 4 status who have been previously released to the community, 5 but who are not currently residing in a half-way house, may 6 be placed in a half-way house upon the oral notification of 7 the parties within 24 hours as indicated in subsection (b) of 8 this Section. Such oral notification shall be followed with 9 written notification within 5 days. 10 (Source: P.A. 88-680, eff. 1-1-95.) 11 ARTICLE 50 12 Section 50-15. The Unified Code of Corrections is 13 amended by re-enacting Section 5-5-3 as follows: 14 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 15 Sec. 5-5-3. Disposition. 16 (a) Every person convicted of an offense shall be 17 sentenced as provided in this Section. 18 (b) The following options shall be appropriate 19 dispositions, alone or in combination, for all felonies and 20 misdemeanors other than those identified in subsection (c) of 21 this Section: 22 (1) A period of probation. 23 (2) A term of periodic imprisonment. 24 (3) A term of conditional discharge. 25 (4) A term of imprisonment. 26 (5) An order directing the offender to clean up and 27 repair the damage, if the offender was convicted under 28 paragraph (h) of Section 21-1 of the Criminal Code of 29 1961. 30 (6) A fine. 31 (7) An order directing the offender to make SB1364 Engrossed -8- LRB9111409RCpk 1 restitution to the victim under Section 5-5-6 of this 2 Code. 3 (8) A sentence of participation in a county impact 4 incarceration program under Section 5-8-1.2 of this Code. 5 Whenever an individual is sentenced for an offense based 6 upon an arrest for a violation of Section 11-501 of the 7 Illinois Vehicle Code, or a similar provision of a local 8 ordinance, and the professional evaluation recommends 9 remedial or rehabilitative treatment or education, neither 10 the treatment nor the education shall be the sole disposition 11 and either or both may be imposed only in conjunction with 12 another disposition. The court shall monitor compliance with 13 any remedial education or treatment recommendations contained 14 in the professional evaluation. Programs conducting alcohol 15 or other drug evaluation or remedial education must be 16 licensed by the Department of Human Services. However, if 17 the individual is not a resident of Illinois, the court may 18 accept an alcohol or other drug evaluation or remedial 19 education program in the state of such individual's 20 residence. Programs providing treatment must be licensed 21 under existing applicable alcoholism and drug treatment 22 licensure standards. 23 In addition to any other fine or penalty required by law, 24 any individual convicted of a violation of Section 11-501 of 25 the Illinois Vehicle Code or a similar provision of local 26 ordinance, whose operation of a motor vehicle while in 27 violation of Section 11-501 or such ordinance proximately 28 caused an incident resulting in an appropriate emergency 29 response, shall be required to make restitution to a public 30 agency for the costs of that emergency response. Such 31 restitution shall not exceed $500 per public agency for each 32 such emergency response. For the purpose of this paragraph, 33 emergency response shall mean any incident requiring a 34 response by: a police officer as defined under Section 1-162 SB1364 Engrossed -9- LRB9111409RCpk 1 of the Illinois Vehicle Code; a fireman carried on the rolls 2 of a regularly constituted fire department; and an ambulance 3 as defined under Section 4.05 of the Emergency Medical 4 Services (EMS) Systems Act. 5 Neither a fine nor restitution shall be the sole 6 disposition for a felony and either or both may be imposed 7 only in conjunction with another disposition. 8 (c) (1) When a defendant is found guilty of first degree 9 murder the State may either seek a sentence of 10 imprisonment under Section 5-8-1 of this Code, or where 11 appropriate seek a sentence of death under Section 9-1 of 12 the Criminal Code of 1961. 13 (2) A period of probation, a term of periodic 14 imprisonment or conditional discharge shall not be 15 imposed for the following offenses. The court shall 16 sentence the offender to not less than the minimum term 17 of imprisonment set forth in this Code for the following 18 offenses, and may order a fine or restitution or both in 19 conjunction with such term of imprisonment: 20 (A) First degree murder where the death 21 penalty is not imposed. 22 (B) Attempted first degree murder. 23 (C) A Class X felony. 24 (D) A violation of Section 401.1 or 407 of the 25 Illinois Controlled Substances Act, or a violation 26 of subdivision (c)(2) of Section 401 of that Act 27 which relates to more than 5 grams of a substance 28 containing cocaine or an analog thereof. 29 (E) A violation of Section 5.1 or 9 of the 30 Cannabis Control Act. 31 (F) A Class 2 or greater felony if the 32 offender had been convicted of a Class 2 or greater 33 felony within 10 years of the date on which the 34 offender committed the offense for which he or she SB1364 Engrossed -10- LRB9111409RCpk 1 is being sentenced, except as otherwise provided in 2 Section 40-10 of the Alcoholism and Other Drug Abuse 3 and Dependency Act. 4 (G) Residential burglary, except as otherwise 5 provided in Section 40-10 of the Alcoholism and 6 Other Drug Abuse and Dependency Act. 7 (H) Criminal sexual assault, except as 8 otherwise provided in subsection (e) of this 9 Section. 10 (I) Aggravated battery of a senior citizen. 11 (J) A forcible felony if the offense was 12 related to the activities of an organized gang. 13 Before July 1, 1994, for the purposes of this 14 paragraph, "organized gang" means an association of 15 5 or more persons, with an established hierarchy, 16 that encourages members of the association to 17 perpetrate crimes or provides support to the members 18 of the association who do commit crimes. 19 Beginning July 1, 1994, for the purposes of 20 this paragraph, "organized gang" has the meaning 21 ascribed to it in Section 10 of the Illinois 22 Streetgang Terrorism Omnibus Prevention Act. 23 (K) Vehicular hijacking. 24 (L) A second or subsequent conviction for the 25 offense of hate crime when the underlying offense 26 upon which the hate crime is based is felony 27 aggravated assault or felony mob action. 28 (M) A second or subsequent conviction for the 29 offense of institutional vandalism if the damage to 30 the property exceeds $300. 31 (N) A Class 3 felony violation of paragraph 32 (1) of subsection (a) of Section 2 of the Firearm 33 Owners Identification Card Act. 34 (O) A violation of Section 12-6.1 of the SB1364 Engrossed -11- LRB9111409RCpk 1 Criminal Code of 1961. 2 (P) A violation of paragraph (1), (2), (3), 3 (4), (5), or (7) of subsection (a) of Section 4 11-20.1 of the Criminal Code of 1961. 5 (Q) A violation of Section 20-1.2 of the 6 Criminal Code of 1961. 7 (R) A violation of Section 24-3A of the 8 Criminal Code of 1961. 9 (3) A minimum term of imprisonment of not less than 10 48 consecutive hours or 100 hours of community service as 11 may be determined by the court shall be imposed for a 12 second or subsequent violation committed within 5 years 13 of a previous violation of Section 11-501 of the Illinois 14 Vehicle Code or a similar provision of a local ordinance. 15 (4) A minimum term of imprisonment of not less than 16 7 consecutive days or 30 days of community service shall 17 be imposed for a violation of paragraph (c) of Section 18 6-303 of the Illinois Vehicle Code. 19 (4.1) A minimum term of 30 consecutive days of 20 imprisonment, 40 days of 24 hour periodic imprisonment or 21 720 hours of community service, as may be determined by 22 the court, shall be imposed for a violation of Section 23 11-501 of the Illinois Vehicle Code during a period in 24 which the defendant's driving privileges are revoked or 25 suspended, where the revocation or suspension was for a 26 violation of Section 11-501 or Section 11-501.1 of that 27 Code. 28 (5) The court may sentence an offender convicted of 29 a business offense or a petty offense or a corporation or 30 unincorporated association convicted of any offense to: 31 (A) a period of conditional discharge; 32 (B) a fine; 33 (C) make restitution to the victim under 34 Section 5-5-6 of this Code. SB1364 Engrossed -12- LRB9111409RCpk 1 (6) In no case shall an offender be eligible for a 2 disposition of probation or conditional discharge for a 3 Class 1 felony committed while he was serving a term of 4 probation or conditional discharge for a felony. 5 (7) When a defendant is adjudged a habitual 6 criminal under Article 33B of the Criminal Code of 1961, 7 the court shall sentence the defendant to a term of 8 natural life imprisonment. 9 (8) When a defendant, over the age of 21 years, is 10 convicted of a Class 1 or Class 2 felony, after having 11 twice been convicted of any Class 2 or greater Class 12 felonies in Illinois, and such charges are separately 13 brought and tried and arise out of different series of 14 acts, such defendant shall be sentenced as a Class X 15 offender. This paragraph shall not apply unless (1) the 16 first felony was committed after the effective date of 17 this amendatory Act of 1977; and (2) the second felony 18 was committed after conviction on the first; and (3) the 19 third felony was committed after conviction on the 20 second. 21 (9) A defendant convicted of a second or subsequent 22 offense of ritualized abuse of a child may be sentenced 23 to a term of natural life imprisonment. 24 (d) In any case in which a sentence originally imposed 25 is vacated, the case shall be remanded to the trial court. 26 The trial court shall hold a hearing under Section 5-4-1 of 27 the Unified Code of Corrections which may include evidence of 28 the defendant's life, moral character and occupation during 29 the time since the original sentence was passed. The trial 30 court shall then impose sentence upon the defendant. The 31 trial court may impose any sentence which could have been 32 imposed at the original trial subject to Section 5-5-4 of the 33 Unified Code of Corrections. 34 (e) In cases where prosecution for criminal sexual SB1364 Engrossed -13- LRB9111409RCpk 1 assault or aggravated criminal sexual abuse under Section 2 12-13 or 12-16 of the Criminal Code of 1961 results in 3 conviction of a defendant who was a family member of the 4 victim at the time of the commission of the offense, the 5 court shall consider the safety and welfare of the victim and 6 may impose a sentence of probation only where: 7 (1) the court finds (A) or (B) or both are 8 appropriate: 9 (A) the defendant is willing to undergo a 10 court approved counseling program for a minimum 11 duration of 2 years; or 12 (B) the defendant is willing to participate in 13 a court approved plan including but not limited to 14 the defendant's: 15 (i) removal from the household; 16 (ii) restricted contact with the victim; 17 (iii) continued financial support of the 18 family; 19 (iv) restitution for harm done to the 20 victim; and 21 (v) compliance with any other measures 22 that the court may deem appropriate; and 23 (2) the court orders the defendant to pay for the 24 victim's counseling services, to the extent that the 25 court finds, after considering the defendant's income and 26 assets, that the defendant is financially capable of 27 paying for such services, if the victim was under 18 28 years of age at the time the offense was committed and 29 requires counseling as a result of the offense. 30 Probation may be revoked or modified pursuant to Section 31 5-6-4; except where the court determines at the hearing that 32 the defendant violated a condition of his or her probation 33 restricting contact with the victim or other family members 34 or commits another offense with the victim or other family SB1364 Engrossed -14- LRB9111409RCpk 1 members, the court shall revoke the defendant's probation and 2 impose a term of imprisonment. 3 For the purposes of this Section, "family member" and 4 "victim" shall have the meanings ascribed to them in Section 5 12-12 of the Criminal Code of 1961. 6 (f) This Article shall not deprive a court in other 7 proceedings to order a forfeiture of property, to suspend or 8 cancel a license, to remove a person from office, or to 9 impose any other civil penalty. 10 (g) Whenever a defendant is convicted of an offense 11 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 12 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 13 12-15 or 12-16 of the Criminal Code of 1961, the defendant 14 shall undergo medical testing to determine whether the 15 defendant has any sexually transmissible disease, including a 16 test for infection with human immunodeficiency virus (HIV) or 17 any other identified causative agent of acquired 18 immunodeficiency syndrome (AIDS). Any such medical test 19 shall be performed only by appropriately licensed medical 20 practitioners and may include an analysis of any bodily 21 fluids as well as an examination of the defendant's person. 22 Except as otherwise provided by law, the results of such test 23 shall be kept strictly confidential by all medical personnel 24 involved in the testing and must be personally delivered in a 25 sealed envelope to the judge of the court in which the 26 conviction was entered for the judge's inspection in camera. 27 Acting in accordance with the best interests of the victim 28 and the public, the judge shall have the discretion to 29 determine to whom, if anyone, the results of the testing may 30 be revealed. The court shall notify the defendant of the test 31 results. The court shall also notify the victim if requested 32 by the victim, and if the victim is under the age of 15 and 33 if requested by the victim's parents or legal guardian, the 34 court shall notify the victim's parents or legal guardian of SB1364 Engrossed -15- LRB9111409RCpk 1 the test results. The court shall provide information on the 2 availability of HIV testing and counseling at Department of 3 Public Health facilities to all parties to whom the results 4 of the testing are revealed and shall direct the State's 5 Attorney to provide the information to the victim when 6 possible. A State's Attorney may petition the court to obtain 7 the results of any HIV test administered under this Section, 8 and the court shall grant the disclosure if the State's 9 Attorney shows it is relevant in order to prosecute a charge 10 of criminal transmission of HIV under Section 12-16.2 of the 11 Criminal Code of 1961 against the defendant. The court shall 12 order that the cost of any such test shall be paid by the 13 county and may be taxed as costs against the convicted 14 defendant. 15 (g-5) When an inmate is tested for an airborne 16 communicable disease, as determined by the Illinois 17 Department of Public Health including but not limited to 18 tuberculosis, the results of the test shall be personally 19 delivered by the warden or his or her designee in a sealed 20 envelope to the judge of the court in which the inmate must 21 appear for the judge's inspection in camera if requested by 22 the judge. Acting in accordance with the best interests of 23 those in the courtroom, the judge shall have the discretion 24 to determine what if any precautions need to be taken to 25 prevent transmission of the disease in the courtroom. 26 (h) Whenever a defendant is convicted of an offense 27 under Section 1 or 2 of the Hypodermic Syringes and Needles 28 Act, the defendant shall undergo medical testing to determine 29 whether the defendant has been exposed to human 30 immunodeficiency virus (HIV) or any other identified 31 causative agent of acquired immunodeficiency syndrome (AIDS). 32 Except as otherwise provided by law, the results of such test 33 shall be kept strictly confidential by all medical personnel 34 involved in the testing and must be personally delivered in a SB1364 Engrossed -16- LRB9111409RCpk 1 sealed envelope to the judge of the court in which the 2 conviction was entered for the judge's inspection in camera. 3 Acting in accordance with the best interests of the public, 4 the judge shall have the discretion to determine to whom, if 5 anyone, the results of the testing may be revealed. The court 6 shall notify the defendant of a positive test showing an 7 infection with the human immunodeficiency virus (HIV). The 8 court shall provide information on the availability of HIV 9 testing and counseling at Department of Public Health 10 facilities to all parties to whom the results of the testing 11 are revealed and shall direct the State's Attorney to provide 12 the information to the victim when possible. A State's 13 Attorney may petition the court to obtain the results of any 14 HIV test administered under this Section, and the court 15 shall grant the disclosure if the State's Attorney shows it 16 is relevant in order to prosecute a charge of criminal 17 transmission of HIV under Section 12-16.2 of the Criminal 18 Code of 1961 against the defendant. The court shall order 19 that the cost of any such test shall be paid by the county 20 and may be taxed as costs against the convicted defendant. 21 (i) All fines and penalties imposed under this Section 22 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 23 Vehicle Code, or a similar provision of a local ordinance, 24 and any violation of the Child Passenger Protection Act, or a 25 similar provision of a local ordinance, shall be collected 26 and disbursed by the circuit clerk as provided under Section 27 27.5 of the Clerks of Courts Act. 28 (j) In cases when prosecution for any violation of 29 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 30 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 31 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 32 12-16 of the Criminal Code of 1961, any violation of the 33 Illinois Controlled Substances Act, or any violation of the 34 Cannabis Control Act results in conviction, a disposition of SB1364 Engrossed -17- LRB9111409RCpk 1 court supervision, or an order of probation granted under 2 Section 10 of the Cannabis Control Act or Section 410 of the 3 Illinois Controlled Substance Act of a defendant, the court 4 shall determine whether the defendant is employed by a 5 facility or center as defined under the Child Care Act of 6 1969, a public or private elementary or secondary school, or 7 otherwise works with children under 18 years of age on a 8 daily basis. When a defendant is so employed, the court 9 shall order the Clerk of the Court to send a copy of the 10 judgment of conviction or order of supervision or probation 11 to the defendant's employer by certified mail. If the 12 employer of the defendant is a school, the Clerk of the Court 13 shall direct the mailing of a copy of the judgment of 14 conviction or order of supervision or probation to the 15 appropriate regional superintendent of schools. The regional 16 superintendent of schools shall notify the State Board of 17 Education of any notification under this subsection. 18 (j-5) A defendant at least 17 years of age who is 19 convicted of a felony and who has not been previously 20 convicted of a misdemeanor or felony and who is sentenced to 21 a term of imprisonment in the Illinois Department of 22 Corrections shall as a condition of his or her sentence be 23 required by the court to attend educational courses designed 24 to prepare the defendant for a high school diploma and to 25 work toward a high school diploma or to work toward passing 26 the high school level Test of General Educational Development 27 (GED) or to work toward completing a vocational training 28 program offered by the Department of Corrections. If a 29 defendant fails to complete the educational training required 30 by his or her sentence during the term of incarceration, the 31 Prisoner Review Board shall, as a condition of mandatory 32 supervised release, require the defendant, at his or her own 33 expense, to pursue a course of study toward a high school 34 diploma or passage of the GED test. The Prisoner Review SB1364 Engrossed -18- LRB9111409RCpk 1 Board shall revoke the mandatory supervised release of a 2 defendant who wilfully fails to comply with this subsection 3 (j-5) upon his or her release from confinement in a penal 4 institution while serving a mandatory supervised release 5 term; however, the inability of the defendant after making a 6 good faith effort to obtain financial aid or pay for the 7 educational training shall not be deemed a wilful failure to 8 comply. The Prisoner Review Board shall recommit the 9 defendant whose mandatory supervised release term has been 10 revoked under this subsection (j-5) as provided in Section 11 3-3-9. This subsection (j-5) does not apply to a defendant 12 who has a high school diploma or has successfully passed the 13 GED test. This subsection (j-5) does not apply to a defendant 14 who is determined by the court to be developmentally disabled 15 or otherwise mentally incapable of completing the educational 16 or vocational program. 17 (k) A court may not impose a sentence or disposition for 18 a felony or misdemeanor that requires the defendant to be 19 implanted or injected with or to use any form of birth 20 control. 21 (l) (A) Except as provided in paragraph (C) of 22 subsection (l), whenever a defendant, who is an alien as 23 defined by the Immigration and Nationality Act, is 24 convicted of any felony or misdemeanor offense, the court 25 after sentencing the defendant may, upon motion of the 26 State's Attorney, hold sentence in abeyance and remand 27 the defendant to the custody of the Attorney General of 28 the United States or his or her designated agent to be 29 deported when: 30 (1) a final order of deportation has been 31 issued against the defendant pursuant to proceedings 32 under the Immigration and Nationality Act, and 33 (2) the deportation of the defendant would not 34 deprecate the seriousness of the defendant's conduct SB1364 Engrossed -19- LRB9111409RCpk 1 and would not be inconsistent with the ends of 2 justice. 3 Otherwise, the defendant shall be sentenced as 4 provided in this Chapter V. 5 (B) If the defendant has already been sentenced for 6 a felony or misdemeanor offense, or has been placed on 7 probation under Section 10 of the Cannabis Control Act or 8 Section 410 of the Illinois Controlled Substances Act, 9 the court may, upon motion of the State's Attorney to 10 suspend the sentence imposed, commit the defendant to the 11 custody of the Attorney General of the United States or 12 his or her designated agent when: 13 (1) a final order of deportation has been 14 issued against the defendant pursuant to proceedings 15 under the Immigration and Nationality Act, and 16 (2) the deportation of the defendant would not 17 deprecate the seriousness of the defendant's conduct 18 and would not be inconsistent with the ends of 19 justice. 20 (C) This subsection (l) does not apply to offenders 21 who are subject to the provisions of paragraph (2) of 22 subsection (a) of Section 3-6-3. 23 (D) Upon motion of the State's Attorney, if a 24 defendant sentenced under this Section returns to the 25 jurisdiction of the United States, the defendant shall be 26 recommitted to the custody of the county from which he or 27 she was sentenced. Thereafter, the defendant shall be 28 brought before the sentencing court, which may impose any 29 sentence that was available under Section 5-5-3 at the 30 time of initial sentencing. In addition, the defendant 31 shall not be eligible for additional good conduct credit 32 for meritorious service as provided under Section 3-6-6. 33 (m) A person convicted of criminal defacement of 34 property under Section 21-1.3 of the Criminal Code of 1961, SB1364 Engrossed -20- LRB9111409RCpk 1 in which the property damage exceeds $300 and the property 2 damaged is a school building, shall be ordered to perform 3 community service that may include cleanup, removal, or 4 painting over the defacement. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 6 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 7 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 8 12-22-99; revised 1-5-00.) 9 ARTICLE 990 10 Section 990-1. Severability. The provisions of this Act 11 are severable under Section 1.31 of the Statute on Statutes. 12 ARTICLE 999 13 Section 999-1. Effective date. This Act takes effect 14 upon becoming law.