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92_HB0225
LRB9202515RCcd
1 AN ACT concerning corrections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Sections 3-6-3 and 5-4-1 as follows:
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and Regulations for Early Release.
8 (a) (1) The Department of Corrections shall
9 prescribe rules and regulations for the early release on
10 account of good conduct of persons committed to the
11 Department which shall be subject to review by the
12 Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after June 19, 1998, the following:
16 (i) that a prisoner who is serving a term of
17 imprisonment for first degree murder shall receive
18 no good conduct credit and shall serve the entire
19 sentence imposed by the court;
20 (ii) that a prisoner serving a sentence for
21 attempt to commit first degree murder, solicitation
22 of murder, solicitation of murder for hire,
23 intentional homicide of an unborn child, predatory
24 criminal sexual assault of a child, aggravated
25 criminal sexual assault, criminal sexual assault,
26 aggravated kidnapping, aggravated battery with a
27 firearm, heinous battery, aggravated battery of a
28 senior citizen, or aggravated battery of a child
29 shall receive no more than 4.5 days of good conduct
30 credit for each month of his or her sentence of
31 imprisonment; and
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1 (iii) that a prisoner serving a sentence for
2 home invasion, armed robbery, aggravated vehicular
3 hijacking, aggravated discharge of a firearm, or
4 armed violence with a category I weapon or category
5 II weapon, when the court has made and entered a
6 finding, pursuant to subsection (c-1) of Section
7 5-4-1 of this Code, that the conduct leading to
8 conviction for the enumerated offense resulted in
9 great bodily harm to a victim, shall receive no more
10 than 4.5 days of good conduct credit for each month
11 of his or her sentence of imprisonment.
12 (2.1) For all offenses, other than those enumerated
13 in subdivision (a)(2) committed on or after June 19,
14 1998, and other than the offense of reckless homicide as
15 defined in subsection (e) of Section 9-3 of the Criminal
16 Code of 1961 committed on or after January 1, 1999, the
17 rules and regulations shall provide that a prisoner who
18 is serving a term of imprisonment shall receive one day
19 of good conduct credit for each day of his or her
20 sentence of imprisonment or recommitment under Section
21 3-3-9. Each day of good conduct credit shall reduce by
22 one day the prisoner's period of imprisonment or
23 recommitment under Section 3-3-9.
24 (2.2) A prisoner serving a term of natural life
25 imprisonment or a prisoner who has been sentenced to
26 death shall receive no good conduct credit.
27 (2.3) The rules and regulations on early release
28 shall provide that a prisoner who is serving a sentence
29 for reckless homicide as defined in subsection (e) of
30 Section 9-3 of the Criminal Code of 1961 committed on or
31 after January 1, 1999 shall receive no more than 4.5 days
32 of good conduct credit for each month of his or her
33 sentence of imprisonment.
34 (2.4) The rules and regulations on early release
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1 shall provide with respect to the offenses of aggravated
2 battery with a machine gun or a firearm equipped with any
3 device or attachment designed or used for silencing the
4 report of a firearm or aggravated discharge of a machine
5 gun or a firearm equipped with any device or attachment
6 designed or used for silencing the report of a firearm,
7 committed on or after the effective date of this
8 amendatory Act of 1999, that a prisoner serving a
9 sentence for any of these offenses shall receive no more
10 than 4.5 days of good conduct credit for each month of
11 his or her sentence of imprisonment.
12 (2.5) The rules and regulations on early release
13 shall provide that a prisoner who is serving a sentence
14 for compelling organization membership of persons under
15 Section 12-6.1 of the Criminal Code of 1961 if the
16 organization that the person is solicited or caused to
17 join or is deterred from leaving is a gang as defined in
18 Section 10 of the Illinois Streetgang Terrorism Omnibus
19 Prevention Act and the offense is committed on or after
20 the effective date of this amendatory Act of the 92nd
21 General Assembly shall receive no more than 4.5 days of
22 good conduct credit for each month of his or her sentence
23 of imprisonment.
24 (3) The rules and regulations shall also provide
25 that the Director may award up to 180 days additional
26 good conduct credit for meritorious service in specific
27 instances as the Director deems proper; except that no
28 more than 90 days of good conduct credit for meritorious
29 service shall be awarded to any prisoner who is serving a
30 sentence for conviction of first degree murder, reckless
31 homicide while under the influence of alcohol or any
32 other drug, aggravated kidnapping, kidnapping, predatory
33 criminal sexual assault of a child, aggravated criminal
34 sexual assault, criminal sexual assault, deviate sexual
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1 assault, aggravated criminal sexual abuse, aggravated
2 indecent liberties with a child, indecent liberties with
3 a child, child pornography, heinous battery, aggravated
4 battery of a spouse, aggravated battery of a spouse with
5 a firearm, stalking, aggravated stalking, aggravated
6 battery of a child, endangering the life or health of a
7 child, cruelty to a child, or narcotic racketeering.
8 Notwithstanding the foregoing, good conduct credit for
9 meritorious service shall not be awarded on a sentence of
10 imprisonment imposed for conviction of: (i) one of the
11 offenses enumerated in subdivision (a)(2) when the
12 offense is committed on or after June 19, 1998, (ii)
13 reckless homicide as defined in subsection (e) of Section
14 9-3 of the Criminal Code of 1961 when the offense is
15 committed on or after January 1, 1999, or (iii) for
16 conviction of one of the offenses enumerated in
17 subdivision (a)(2.4) when the offense is committed on or
18 after the effective date of this amendatory Act of 1999,
19 or (iv) the offense enumerated in subdivision (a)(2.5)
20 when the offense is committed on or after the effective
21 date of this amendatory Act of the 92nd General Assembly.
22 (4) The rules and regulations shall also provide
23 that the good conduct credit accumulated and retained
24 under paragraph (2.1) of subsection (a) of this Section
25 by any inmate during specific periods of time in which
26 such inmate is engaged full-time in substance abuse
27 programs, correctional industry assignments, or
28 educational programs provided by the Department under
29 this paragraph (4) and satisfactorily completes the
30 assigned program as determined by the standards of the
31 Department, shall be multiplied by a factor of 1.25 for
32 program participation before August 11, 1993 and 1.50 for
33 program participation on or after that date. However, no
34 inmate shall be eligible for the additional good conduct
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1 credit under this paragraph (4) while assigned to a boot
2 camp, mental health unit, or electronic detention, or if
3 convicted of an offense enumerated in paragraph (a)(2) of
4 this Section that is committed on or after June 19, 1998,
5 or if convicted of reckless homicide as defined in
6 subsection (e) of Section 9-3 of the Criminal Code of
7 1961 if the offense is committed on or after January 1,
8 1999, or if convicted of an offense enumerated in
9 paragraph (a)(2.4) of this Section that is committed on
10 or after the effective date of this amendatory Act of
11 1999, or if convicted of an offense enumerated in
12 paragraph (a)(2.5) of this Section that is committed on
13 or after the effective date of this amendatory Act of the
14 92nd General Assembly, or first degree murder, a Class X
15 felony, criminal sexual assault, felony criminal sexual
16 abuse, aggravated criminal sexual abuse, aggravated
17 battery with a firearm, or any predecessor or successor
18 offenses with the same or substantially the same
19 elements, or any inchoate offenses relating to the
20 foregoing offenses. No inmate shall be eligible for the
21 additional good conduct credit under this paragraph (4)
22 who (i) has previously received increased good conduct
23 credit under this paragraph (4) and has subsequently been
24 convicted of a felony, or (ii) has previously served more
25 than one prior sentence of imprisonment for a felony in
26 an adult correctional facility.
27 Educational, vocational, substance abuse and
28 correctional industry programs under which good conduct
29 credit may be increased under this paragraph (4) shall be
30 evaluated by the Department on the basis of documented
31 standards. The Department shall report the results of
32 these evaluations to the Governor and the General
33 Assembly by September 30th of each year. The reports
34 shall include data relating to the recidivism rate among
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1 program participants.
2 Availability of these programs shall be subject to
3 the limits of fiscal resources appropriated by the
4 General Assembly for these purposes. Eligible inmates
5 who are denied immediate admission shall be placed on a
6 waiting list under criteria established by the
7 Department. The inability of any inmate to become
8 engaged in any such programs by reason of insufficient
9 program resources or for any other reason established
10 under the rules and regulations of the Department shall
11 not be deemed a cause of action under which the
12 Department or any employee or agent of the Department
13 shall be liable for damages to the inmate.
14 (5) Whenever the Department is to release any
15 inmate earlier than it otherwise would because of a grant
16 of good conduct credit for meritorious service given at
17 any time during the term, the Department shall give
18 reasonable advance notice of the impending release to the
19 State's Attorney of the county where the prosecution of
20 the inmate took place.
21 (b) Whenever a person is or has been committed under
22 several convictions, with separate sentences, the sentences
23 shall be construed under Section 5-8-4 in granting and
24 forfeiting of good time.
25 (c) The Department shall prescribe rules and regulations
26 for revoking good conduct credit, or suspending or reducing
27 the rate of accumulation of good conduct credit for specific
28 rule violations, during imprisonment. These rules and
29 regulations shall provide that no inmate may be penalized
30 more than one year of good conduct credit for any one
31 infraction.
32 When the Department seeks to revoke, suspend or reduce
33 the rate of accumulation of any good conduct credits for an
34 alleged infraction of its rules, it shall bring charges
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1 therefor against the prisoner sought to be so deprived of
2 good conduct credits before the Prisoner Review Board as
3 provided in subparagraph (a)(4) of Section 3-3-2 of this
4 Code, if the amount of credit at issue exceeds 30 days or
5 when during any 12 month period, the cumulative amount of
6 credit revoked exceeds 30 days except where the infraction is
7 committed or discovered within 60 days of scheduled release.
8 In those cases, the Department of Corrections may revoke up
9 to 30 days of good conduct credit. The Board may subsequently
10 approve the revocation of additional good conduct credit, if
11 the Department seeks to revoke good conduct credit in excess
12 of 30 days. However, the Board shall not be empowered to
13 review the Department's decision with respect to the loss of
14 30 days of good conduct credit within any calendar year for
15 any prisoner or to increase any penalty beyond the length
16 requested by the Department.
17 The Director of the Department of Corrections, in
18 appropriate cases, may restore up to 30 days good conduct
19 credits which have been revoked, suspended or reduced. Any
20 restoration of good conduct credits in excess of 30 days
21 shall be subject to review by the Prisoner Review Board.
22 However, the Board may not restore good conduct credit in
23 excess of the amount requested by the Director.
24 Nothing contained in this Section shall prohibit the
25 Prisoner Review Board from ordering, pursuant to Section
26 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
27 the sentence imposed by the court that was not served due to
28 the accumulation of good conduct credit.
29 (d) If a lawsuit is filed by a prisoner in an Illinois
30 or federal court against the State, the Department of
31 Corrections, or the Prisoner Review Board, or against any of
32 their officers or employees, and the court makes a specific
33 finding that a pleading, motion, or other paper filed by the
34 prisoner is frivolous, the Department of Corrections shall
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1 conduct a hearing to revoke up to 180 days of good conduct
2 credit by bringing charges against the prisoner sought to be
3 deprived of the good conduct credits before the Prisoner
4 Review Board as provided in subparagraph (a)(8) of Section
5 3-3-2 of this Code. If the prisoner has not accumulated 180
6 days of good conduct credit at the time of the finding, then
7 the Prisoner Review Board may revoke all good conduct credit
8 accumulated by the prisoner.
9 For purposes of this subsection (d):
10 (1) "Frivolous" means that a pleading, motion, or
11 other filing which purports to be a legal document filed
12 by a prisoner in his or her lawsuit meets any or all of
13 the following criteria:
14 (A) it lacks an arguable basis either in law
15 or in fact;
16 (B) it is being presented for any improper
17 purpose, such as to harass or to cause unnecessary
18 delay or needless increase in the cost of
19 litigation;
20 (C) the claims, defenses, and other legal
21 contentions therein are not warranted by existing
22 law or by a nonfrivolous argument for the extension,
23 modification, or reversal of existing law or the
24 establishment of new law;
25 (D) the allegations and other factual
26 contentions do not have evidentiary support or, if
27 specifically so identified, are not likely to have
28 evidentiary support after a reasonable opportunity
29 for further investigation or discovery; or
30 (E) the denials of factual contentions are not
31 warranted on the evidence, or if specifically so
32 identified, are not reasonably based on a lack of
33 information or belief.
34 (2) "Lawsuit" means a petition for post-conviction
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1 relief under Article 122 of the Code of Criminal
2 Procedure of 1963, a motion pursuant to Section 116-3 of
3 the Code of Criminal Procedure of 1963, a habeas corpus
4 action under Article X of the Code of Civil Procedure or
5 under federal law (28 U.S.C. 2254), a petition for claim
6 under the Court of Claims Act or an action under the
7 federal Civil Rights Act (42 U.S.C. 1983).
8 (e) Nothing in this amendatory Act of 1998 affects the
9 validity of Public Act 89-404.
10 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97;
11 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff.
12 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
13 eff. 7-29-99.)
14 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
15 Sec. 5-4-1. Sentencing Hearing.
16 (a) Except when the death penalty is sought under
17 hearing procedures otherwise specified, after a determination
18 of guilt, a hearing shall be held to impose the sentence.
19 However, prior to the imposition of sentence on an individual
20 being sentenced for an offense based upon a charge for a
21 violation of Section 11-501 of the Illinois Vehicle Code or a
22 similar provision of a local ordinance, the individual must
23 undergo a professional evaluation to determine if an alcohol
24 or other drug abuse problem exists and the extent of such a
25 problem. Programs conducting these evaluations shall be
26 licensed by the Department of Human Services. However, if
27 the individual is not a resident of Illinois, the court may,
28 in its discretion, accept an evaluation from a program in the
29 state of such individual's residence. The court may in its
30 sentencing order approve an eligible defendant for placement
31 in a Department of Corrections impact incarceration program
32 as provided in Section 5-8-1.1. At the hearing the court
33 shall:
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1 (1) consider the evidence, if any, received upon
2 the trial;
3 (2) consider any presentence reports;
4 (3) consider the financial impact of incarceration
5 based on the financial impact statement filed with the
6 clerk of the court by the Department of Corrections;
7 (4) consider evidence and information offered by
8 the parties in aggravation and mitigation;
9 (5) hear arguments as to sentencing alternatives;
10 (6) afford the defendant the opportunity to make a
11 statement in his own behalf;
12 (7) afford the victim of a violent crime or a
13 violation of Section 11-501 of the Illinois Vehicle Code,
14 or a similar provision of a local ordinance, or a
15 qualified individual affected by a violation of Section
16 405, 405.1, 405.2, or 407 of the Illinois Controlled
17 Substances Act, committed by the defendant the
18 opportunity to make a statement concerning the impact on
19 the victim and to offer evidence in aggravation or
20 mitigation; provided that the statement and evidence
21 offered in aggravation or mitigation must first be
22 prepared in writing in conjunction with the State's
23 Attorney before it may be presented orally at the
24 hearing. Any sworn testimony offered by the victim is
25 subject to the defendant's right to cross-examine. All
26 statements and evidence offered under this paragraph (7)
27 shall become part of the record of the court. For the
28 purpose of this paragraph (7), "qualified individual"
29 means any person who (i) lived or worked within the
30 territorial jurisdiction where the offense took place
31 when the offense took place; and (ii) is familiar with
32 various public places within the territorial jurisdiction
33 where the offense took place when the offense took place.
34 For the purposes of this paragraph (7), "qualified
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1 individual" includes any peace officer, or any member of
2 any duly organized State, county, or municipal peace unit
3 assigned to the territorial jurisdiction where the
4 offense took place when the offense took place; and
5 (8) in cases of reckless homicide afford the
6 victim's spouse, guardians, parents or other immediate
7 family members an opportunity to make oral statements.
8 (b) All sentences shall be imposed by the judge based
9 upon his independent assessment of the elements specified
10 above and any agreement as to sentence reached by the
11 parties. The judge who presided at the trial or the judge
12 who accepted the plea of guilty shall impose the sentence
13 unless he is no longer sitting as a judge in that court.
14 Where the judge does not impose sentence at the same time on
15 all defendants who are convicted as a result of being
16 involved in the same offense, the defendant or the State's
17 Attorney may advise the sentencing court of the disposition
18 of any other defendants who have been sentenced.
19 (c) In imposing a sentence for a violent crime or for an
20 offense of operating or being in physical control of a
21 vehicle while under the influence of alcohol, any other drug
22 or any combination thereof, or a similar provision of a local
23 ordinance, when such offense resulted in the personal injury
24 to someone other than the defendant, the trial judge shall
25 specify on the record the particular evidence, information,
26 factors in mitigation and aggravation or other reasons that
27 led to his sentencing determination. The full verbatim record
28 of the sentencing hearing shall be filed with the clerk of
29 the court and shall be a public record.
30 (c-1) In imposing a sentence for the offense of
31 aggravated kidnapping for ransom, home invasion, armed
32 robbery, aggravated vehicular hijacking, aggravated discharge
33 of a firearm, or armed violence with a category I weapon or
34 category II weapon, the trial judge shall make a finding as
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1 to whether the conduct leading to conviction for the offense
2 resulted in great bodily harm to a victim, and shall enter
3 that finding and the basis for that finding in the record.
4 (c-2) If the defendant is sentenced to prison, other
5 than when a sentence of natural life imprisonment or a
6 sentence of death is imposed, at the time the sentence is
7 imposed the judge shall state on the record in open court the
8 approximate period of time the defendant will serve in
9 custody according to the then current statutory rules and
10 regulations for early release found in Section 3-6-3 and
11 other related provisions of this Code. This statement is
12 intended solely to inform the public, has no legal effect on
13 the defendant's actual release, and may not be relied on by
14 the defendant on appeal.
15 The judge's statement, to be given after pronouncing the
16 sentence, other than when the sentence is imposed for one of
17 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
18 shall include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, assuming the defendant receives all of his or her good
26 conduct credit, the period of estimated actual custody is ...
27 years and ... months, less up to 180 days additional good
28 conduct credit for meritorious service. If the defendant,
29 because of his or her own misconduct or failure to comply
30 with the institutional regulations, does not receive those
31 credits, the actual time served in prison will be longer.
32 The defendant may also receive an additional one-half day
33 good conduct credit for each day of participation in
34 vocational, industry, substance abuse, and educational
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1 programs as provided for by Illinois statute."
2 When the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(3) of Section 3-6-3, other than
4 when the sentence is imposed for one of the offenses
5 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
6 or after June 19, 1998, and other than when the sentence is
7 imposed for reckless homicide as defined in subsection (e) of
8 Section 9-3 of the Criminal Code of 1961 if the offense was
9 committed on or after January 1, 1999, and other than when
10 the sentence is imposed for the offense enumerated in
11 paragraph (a)(2.5) of Section 3-6-3 committed on or after the
12 effective date of this amendatory Act of the 92nd General
13 Assembly, the judge's statement, to be given after
14 pronouncing the sentence, shall include the following:
15 "The purpose of this statement is to inform the public of
16 the actual period of time this defendant is likely to spend
17 in prison as a result of this sentence. The actual period of
18 prison time served is determined by the statutes of Illinois
19 as applied to this sentence by the Illinois Department of
20 Corrections and the Illinois Prisoner Review Board. In this
21 case, assuming the defendant receives all of his or her good
22 conduct credit, the period of estimated actual custody is ...
23 years and ... months, less up to 90 days additional good
24 conduct credit for meritorious service. If the defendant,
25 because of his or her own misconduct or failure to comply
26 with the institutional regulations, does not receive those
27 credits, the actual time served in prison will be longer.
28 The defendant may also receive an additional one-half day
29 good conduct credit for each day of participation in
30 vocational, industry, substance abuse, and educational
31 programs as provided for by Illinois statute."
32 When the sentence is imposed for one of the offenses
33 enumerated in paragraph (a)(2) of Section 3-6-3, other than
34 first degree murder, and the offense was committed on or
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1 after June 19, 1998, and when the sentence is imposed for
2 reckless homicide as defined in subsection (e) of Section 9-3
3 of the Criminal Code of 1961 if the offense was committed on
4 or after January 1, 1999, and when the sentence is imposed
5 for the offense enumerated in paragraph (a)(2.5) of Section
6 3-6-3 committed on or after the effective date of this
7 amendatory Act of the 92nd General Assembly, the judge's
8 statement, to be given after pronouncing the sentence, shall
9 include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, the defendant is entitled to no more than 4 1/2 days of
17 good conduct credit for each month of his or her sentence of
18 imprisonment. Therefore, this defendant will serve at least
19 85% of his or her sentence. Assuming the defendant receives
20 4 1/2 days credit for each month of his or her sentence, the
21 period of estimated actual custody is ... years and ...
22 months. If the defendant, because of his or her own
23 misconduct or failure to comply with the institutional
24 regulations receives lesser credit, the actual time served in
25 prison will be longer."
26 When a sentence of imprisonment is imposed for first
27 degree murder and the offense was committed on or after June
28 19, 1998, the judge's statement, to be given after
29 pronouncing the sentence, shall include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, the defendant is not entitled to good conduct credit.
3 Therefore, this defendant will serve 100% of his or her
4 sentence."
5 (d) When the defendant is committed to the Department of
6 Corrections, the State's Attorney shall and counsel for the
7 defendant may file a statement with the clerk of the court to
8 be transmitted to the department, agency or institution to
9 which the defendant is committed to furnish such department,
10 agency or institution with the facts and circumstances of the
11 offense for which the person was committed together with all
12 other factual information accessible to them in regard to the
13 person prior to his commitment relative to his habits,
14 associates, disposition and reputation and any other facts
15 and circumstances which may aid such department, agency or
16 institution during its custody of such person. The clerk
17 shall within 10 days after receiving any such statements
18 transmit a copy to such department, agency or institution and
19 a copy to the other party, provided, however, that this shall
20 not be cause for delay in conveying the person to the
21 department, agency or institution to which he has been
22 committed.
23 (e) The clerk of the court shall transmit to the
24 department, agency or institution, if any, to which the
25 defendant is committed, the following:
26 (1) the sentence imposed;
27 (2) any statement by the court of the basis for
28 imposing the sentence;
29 (3) any presentence reports;
30 (4) the number of days, if any, which the defendant
31 has been in custody and for which he is entitled to
32 credit against the sentence, which information shall be
33 provided to the clerk by the sheriff;
34 (4.1) any finding of great bodily harm made by the
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1 court with respect to an offense enumerated in subsection
2 (c-1);
3 (5) all statements filed under subsection (d) of
4 this Section;
5 (6) any medical or mental health records or
6 summaries of the defendant;
7 (7) the municipality where the arrest of the
8 offender or the commission of the offense has occurred,
9 where such municipality has a population of more than
10 25,000 persons;
11 (8) all statements made and evidence offered under
12 paragraph (7) of subsection (a) of this Section; and
13 (9) all additional matters which the court directs
14 the clerk to transmit.
15 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
16 90-740, eff. 1-1-99; 91-357, eff. 7-29-99; 91-899, eff.
17 1-1-01.)