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92_HB4104eng HB4104 Engrossed LRB9211871RCcd 1 AN ACT in relation to criminal law. 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 5 by 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 HB4104 Engrossed -2- LRB9211871RCcd 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 HB4104 Engrossed -3- LRB9211871RCcd 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 aggravated arson committed on or after the effective 15 date of this amendatory Act of the 92nd General Assembly 16 shall receive no more than 4.5 days of good conduct 17 credit for each month of his or her sentence of 18 imprisonment. 19 (3) The rules and regulations shall also provide 20 that the Director may award up to 180 days additional 21 good conduct credit for meritorious service in specific 22 instances as the Director deems proper; except that no 23 more than 90 days of good conduct credit for meritorious 24 service shall be awarded to any prisoner who is serving a 25 sentence for conviction of first degree murder, reckless 26 homicide while under the influence of alcohol or any 27 other drug, aggravated kidnapping, kidnapping, predatory 28 criminal sexual assault of a child, aggravated criminal 29 sexual assault, criminal sexual assault, deviate sexual 30 assault, aggravated criminal sexual abuse, aggravated 31 indecent liberties with a child, indecent liberties with 32 a child, child pornography, heinous battery, aggravated 33 battery of a spouse, aggravated battery of a spouse with 34 a firearm, stalking, aggravated stalking, aggravated HB4104 Engrossed -4- LRB9211871RCcd 1 battery of a child, endangering the life or health of a 2 child, cruelty to a child, or narcotic racketeering. 3 Notwithstanding the foregoing, good conduct credit for 4 meritorious service shall not be awarded on a sentence of 5 imprisonment imposed for conviction of: (i) one of the 6 offenses enumerated in subdivision (a)(2) when the 7 offense is committed on or after June 19, 1998, (ii) 8 reckless homicide as defined in subsection (e) of Section 9 9-3 of the Criminal Code of 1961 when the offense is 10 committed on or after January 1, 1999, (iii) one of the 11 offenses enumerated in subdivision (a)(2.4) when the 12 offense is committed on or after the effective date of 13 this amendatory Act of 1999, or (iv) aggravated arson 14 when the offense is committed on or after the effective 15 date of this amendatory Act of the 92nd General Assembly. 16 (4) The rules and regulations shall also provide 17 that the good conduct credit accumulated and retained 18 under paragraph (2.1) of subsection (a) of this Section 19 by any inmate during specific periods of time in which 20 such inmate is engaged full-time in substance abuse 21 programs, correctional industry assignments, or 22 educational programs provided by the Department under 23 this paragraph (4) and satisfactorily completes the 24 assigned program as determined by the standards of the 25 Department, shall be multiplied by a factor of 1.25 for 26 program participation before August 11, 1993 and 1.50 for 27 program participation on or after that date. However, no 28 inmate shall be eligible for the additional good conduct 29 credit under this paragraph (4) while assigned to a boot 30 camp, mental health unit, or electronic detention, or if 31 convicted of an offense enumerated in paragraph (a)(2) of 32 this Section that is committed on or after June 19, 1998, 33 or if convicted of reckless homicide as defined in 34 subsection (e) of Section 9-3 of the Criminal Code of HB4104 Engrossed -5- LRB9211871RCcd 1 1961 if the offense is committed on or after January 1, 2 1999, or if convicted of an offense enumerated in 3 paragraph (a)(2.4) of this Section that is committed on 4 or after the effective date of this amendatory Act of 5 1999, or first degree murder, a Class X felony, criminal 6 sexual assault, felony criminal sexual abuse, aggravated 7 criminal sexual abuse, aggravated battery with a firearm, 8 or any predecessor or successor offenses with the same or 9 substantially the same elements, or any inchoate offenses 10 relating to the foregoing offenses. No inmate shall be 11 eligible for the additional good conduct credit under 12 this paragraph (4) who (i) has previously received 13 increased good conduct credit under this paragraph (4) 14 and has subsequently been convicted of a felony, or (ii) 15 has previously served more than one prior sentence of 16 imprisonment for a felony in an adult correctional 17 facility. 18 Educational, vocational, substance abuse and 19 correctional industry programs under which good conduct 20 credit may be increased under this paragraph (4) shall be 21 evaluated by the Department on the basis of documented 22 standards. The Department shall report the results of 23 these evaluations to the Governor and the General 24 Assembly by September 30th of each year. The reports 25 shall include data relating to the recidivism rate among 26 program participants. 27 Availability of these programs shall be subject to 28 the limits of fiscal resources appropriated by the 29 General Assembly for these purposes. Eligible inmates 30 who are denied immediate admission shall be placed on a 31 waiting list under criteria established by the 32 Department. The inability of any inmate to become engaged 33 in any such programs by reason of insufficient program 34 resources or for any other reason established under the HB4104 Engrossed -6- LRB9211871RCcd 1 rules and regulations of the Department shall not be 2 deemed a cause of action under which the Department or 3 any employee or agent of the Department shall be liable 4 for damages to the inmate. 5 (4.5) The rules and regulations on early release 6 shall also provide that a prisoner who is serving a 7 sentence for a crime committed as a result of the use of, 8 abuse of, or addiction to alcohol or a controlled 9 substance and the crime was committed on or after the 10 effective date of this Amendatory Act of the 92nd General 11 Assembly shall receive no good conduct credit until he or 12 she participates in and completes a substance abuse 13 treatment program. Good conduct credit awarded under 14 clauses (2), (3), and (4) of this subsection (a) for 15 crimes committed on or after the effective date of this 16 amendatory Act of the 92nd General Assembly is subject to 17 the provisions of this clause (4.5). If the prisoner 18 completes a substance abuse treatment program, the 19 Department may award good conduct credit for the time 20 spent in treatment. Availability of substance abuse 21 treatment shall be subject to the limits of fiscal 22 resources appropriated by the General Assembly for these 23 purposes. If treatment is not available, the prisoner 24 shall be placed on a waiting list under criteria 25 established by the Department. The Department may require 26 a prisoner placed on a waiting list to attend a substance 27 abuse education class or attend substance abuse self-help 28 meetings. A prisoner may not lose good conduct credit as 29 a result of being placed on a waiting list. A prisoner 30 placed on a waiting list remains eligible for increased 31 good conduct credit for participation in an educational, 32 vocational, or correctional industry program under clause 33 (4) of subsection (a) of this Section. 34 (5) Whenever the Department is to release any HB4104 Engrossed -7- LRB9211871RCcd 1 inmate earlier than it otherwise would because of a grant 2 of good conduct credit for meritorious service given at 3 any time during the term, the Department shall give 4 reasonable advance notice of the impending release to the 5 State's Attorney of the county where the prosecution of 6 the inmate took place. 7 (b) Whenever a person is or has been committed under 8 several convictions, with separate sentences, the sentences 9 shall be construed under Section 5-8-4 in granting and 10 forfeiting of good time. 11 (c) The Department shall prescribe rules and regulations 12 for revoking good conduct credit, or suspending or reducing 13 the rate of accumulation of good conduct credit for specific 14 rule violations, during imprisonment. These rules and 15 regulations shall provide that no inmate may be penalized 16 more than one year of good conduct credit for any one 17 infraction. 18 When the Department seeks to revoke, suspend or reduce 19 the rate of accumulation of any good conduct credits for an 20 alleged infraction of its rules, it shall bring charges 21 therefor against the prisoner sought to be so deprived of 22 good conduct credits before the Prisoner Review Board as 23 provided in subparagraph (a)(4) of Section 3-3-2 of this 24 Code, if the amount of credit at issue exceeds 30 days or 25 when during any 12 month period, the cumulative amount of 26 credit revoked exceeds 30 days except where the infraction is 27 committed or discovered within 60 days of scheduled release. 28 In those cases, the Department of Corrections may revoke up 29 to 30 days of good conduct credit. The Board may subsequently 30 approve the revocation of additional good conduct credit, if 31 the Department seeks to revoke good conduct credit in excess 32 of 30 days. However, the Board shall not be empowered to 33 review the Department's decision with respect to the loss of 34 30 days of good conduct credit within any calendar year for HB4104 Engrossed -8- LRB9211871RCcd 1 any prisoner or to increase any penalty beyond the length 2 requested by the Department. 3 The Director of the Department of Corrections, in 4 appropriate cases, may restore up to 30 days good conduct 5 credits which have been revoked, suspended or reduced. Any 6 restoration of good conduct credits in excess of 30 days 7 shall be subject to review by the Prisoner Review Board. 8 However, the Board may not restore good conduct credit in 9 excess of the amount requested by the Director. 10 Nothing contained in this Section shall prohibit the 11 Prisoner Review Board from ordering, pursuant to Section 12 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 13 the sentence imposed by the court that was not served due to 14 the accumulation of good conduct credit. 15 (d) If a lawsuit is filed by a prisoner in an Illinois 16 or federal court against the State, the Department of 17 Corrections, or the Prisoner Review Board, or against any of 18 their officers or employees, and the court makes a specific 19 finding that a pleading, motion, or other paper filed by the 20 prisoner is frivolous, the Department of Corrections shall 21 conduct a hearing to revoke up to 180 days of good conduct 22 credit by bringing charges against the prisoner sought to be 23 deprived of the good conduct credits before the Prisoner 24 Review Board as provided in subparagraph (a)(8) of Section 25 3-3-2 of this Code. If the prisoner has not accumulated 180 26 days of good conduct credit at the time of the finding, then 27 the Prisoner Review Board may revoke all good conduct credit 28 accumulated by the prisoner. 29 For purposes of this subsection (d): 30 (1) "Frivolous" means that a pleading, motion, or 31 other filing which purports to be a legal document filed 32 by a prisoner in his or her lawsuit meets any or all of 33 the following criteria: 34 (A) it lacks an arguable basis either in law HB4104 Engrossed -9- LRB9211871RCcd 1 or in fact; 2 (B) it is being presented for any improper 3 purpose, such as to harass or to cause unnecessary 4 delay or needless increase in the cost of 5 litigation; 6 (C) the claims, defenses, and other legal 7 contentions therein are not warranted by existing 8 law or by a nonfrivolous argument for the extension, 9 modification, or reversal of existing law or the 10 establishment of new law; 11 (D) the allegations and other factual 12 contentions do not have evidentiary support or, if 13 specifically so identified, are not likely to have 14 evidentiary support after a reasonable opportunity 15 for further investigation or discovery; or 16 (E) the denials of factual contentions are not 17 warranted on the evidence, or if specifically so 18 identified, are not reasonably based on a lack of 19 information or belief. 20 (2) "Lawsuit" means a petition for post-conviction 21 relief under Article 122 of the Code of Criminal 22 Procedure of 1963, a motion pursuant to Section 116-3 of 23 the Code of Criminal Procedure of 1963, a habeas corpus 24 action under Article X of the Code of Civil Procedure or 25 under federal law (28 U.S.C. 2254), a petition for claim 26 under the Court of Claims Act or an action under the 27 federal Civil Rights Act (42 U.S.C. 1983). 28 (e) Nothing in this amendatory Act of 1998 affects the 29 validity of Public Act 89-404. 30 (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 31 92-176, eff. 7-27-01.) 32 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 33 Sec. 5-4-1. Sentencing Hearing. HB4104 Engrossed -10- LRB9211871RCcd 1 (a) Except when the death penalty is sought under 2 hearing procedures otherwise specified, after a determination 3 of guilt, a hearing shall be held to impose the sentence. 4 However, prior to the imposition of sentence on an individual 5 being sentenced for an offense based upon a charge for a 6 violation of Section 11-501 of the Illinois Vehicle Code or a 7 similar provision of a local ordinance, the individual must 8 undergo a professional evaluation to determine if an alcohol 9 or other drug abuse problem exists and the extent of such a 10 problem. Programs conducting these evaluations shall be 11 licensed by the Department of Human Services. However, if 12 the individual is not a resident of Illinois, the court may, 13 in its discretion, accept an evaluation from a program in the 14 state of such individual's residence. The court may in its 15 sentencing order approve an eligible defendant for placement 16 in a Department of Corrections impact incarceration program 17 as provided in Section 5-8-1.1. At the hearing the court 18 shall: 19 (1) consider the evidence, if any, received upon 20 the trial; 21 (2) consider any presentence reports; 22 (3) consider the financial impact of incarceration 23 based on the financial impact statement filed with the 24 clerk of the court by the Department of Corrections; 25 (4) consider evidence and information offered by 26 the parties in aggravation and mitigation; 27 (5) hear arguments as to sentencing alternatives; 28 (6) afford the defendant the opportunity to make a 29 statement in his own behalf; 30 (7) afford the victim of a violent crime or a 31 violation of Section 11-501 of the Illinois Vehicle Code, 32 or a similar provision of a local ordinance, or a 33 qualified individual affected by a violation of Section 34 405, 405.1, 405.2, or 407 of the Illinois Controlled HB4104 Engrossed -11- LRB9211871RCcd 1 Substances Act, committed by the defendant the 2 opportunity to make a statement concerning the impact on 3 the victim and to offer evidence in aggravation or 4 mitigation; provided that the statement and evidence 5 offered in aggravation or mitigation must first be 6 prepared in writing in conjunction with the State's 7 Attorney before it may be presented orally at the 8 hearing. Any sworn testimony offered by the victim is 9 subject to the defendant's right to cross-examine. All 10 statements and evidence offered under this paragraph (7) 11 shall become part of the record of the court. For the 12 purpose of this paragraph (7), "qualified individual" 13 means any person who (i) lived or worked within the 14 territorial jurisdiction where the offense took place 15 when the offense took place; and (ii) is familiar with 16 various public places within the territorial jurisdiction 17 where the offense took place when the offense took place. 18 For the purposes of this paragraph (7), "qualified 19 individual" includes any peace officer, or any member of 20 any duly organized State, county, or municipal peace unit 21 assigned to the territorial jurisdiction where the 22 offense took place when the offense took place; and 23 (8) in cases of reckless homicide afford the 24 victim's spouse, guardians, parents or other immediate 25 family members an opportunity to make oral statements. 26 (b) All sentences shall be imposed by the judge based 27 upon his independent assessment of the elements specified 28 above and any agreement as to sentence reached by the 29 parties. The judge who presided at the trial or the judge 30 who accepted the plea of guilty shall impose the sentence 31 unless he is no longer sitting as a judge in that court. 32 Where the judge does not impose sentence at the same time on 33 all defendants who are convicted as a result of being 34 involved in the same offense, the defendant or the State's HB4104 Engrossed -12- LRB9211871RCcd 1 Attorney may advise the sentencing court of the disposition 2 of any other defendants who have been sentenced. 3 (c) In imposing a sentence for a violent crime or for an 4 offense of operating or being in physical control of a 5 vehicle while under the influence of alcohol, any other drug 6 or any combination thereof, or a similar provision of a local 7 ordinance, when such offense resulted in the personal injury 8 to someone other than the defendant, the trial judge shall 9 specify on the record the particular evidence, information, 10 factors in mitigation and aggravation or other reasons that 11 led to his sentencing determination. The full verbatim record 12 of the sentencing hearing shall be filed with the clerk of 13 the court and shall be a public record. 14 (c-1) In imposing a sentence for the offense of 15 aggravated kidnapping for ransom, home invasion, armed 16 robbery, aggravated vehicular hijacking, aggravated discharge 17 of a firearm, or armed violence with a category I weapon or 18 category II weapon, the trial judge shall make a finding as 19 to whether the conduct leading to conviction for the offense 20 resulted in great bodily harm to a victim, and shall enter 21 that finding and the basis for that finding in the record. 22 (c-2) If the defendant is sentenced to prison, other 23 than when a sentence of natural life imprisonment or a 24 sentence of death is imposed, at the time the sentence is 25 imposed the judge shall state on the record in open court the 26 approximate period of time the defendant will serve in 27 custody according to the then current statutory rules and 28 regulations for early release found in Section 3-6-3 and 29 other related provisions of this Code. This statement is 30 intended solely to inform the public, has no legal effect on 31 the defendant's actual release, and may not be relied on by 32 the defendant on appeal. 33 The judge's statement, to be given after pronouncing the 34 sentence, other than when the sentence is imposed for one of HB4104 Engrossed -13- LRB9211871RCcd 1 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 2 shall include the following: 3 "The purpose of this statement is to inform the public of 4 the actual period of time this defendant is likely to spend 5 in prison as a result of this sentence. The actual period of 6 prison time served is determined by the statutes of Illinois 7 as applied to this sentence by the Illinois Department of 8 Corrections and the Illinois Prisoner Review Board. In this 9 case, assuming the defendant receives all of his or her good 10 conduct credit, the period of estimated actual custody is ... 11 years and ... months, less up to 180 days additional good 12 conduct credit for meritorious service. If the defendant, 13 because of his or her own misconduct or failure to comply 14 with the institutional regulations, does not receive those 15 credits, the actual time served in prison will be longer. 16 The defendant may also receive an additional one-half day 17 good conduct credit for each day of participation in 18 vocational, industry, substance abuse, and educational 19 programs as provided for by Illinois statute." 20 When the sentence is imposed for one of the offenses 21 enumerated in paragraph (a)(3) of Section 3-6-3, other than 22 when the sentence is imposed for one of the offenses 23 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 24 or after June 19, 1998, and other than when the sentence is 25 imposed for reckless homicide as defined in subsection (e) of 26 Section 9-3 of the Criminal Code of 1961 if the offense was 27 committed on or after January 1, 1999, and other than when 28 the sentence is imposed for aggravated arson if the offense 29 was committed on or after the effective date of this 30 amendatory Act of the 92nd General Assembly, the judge's 31 statement, to be given after pronouncing the sentence, shall 32 include the following: 33 "The purpose of this statement is to inform the public of 34 the actual period of time this defendant is likely to spend HB4104 Engrossed -14- LRB9211871RCcd 1 in prison as a result of this sentence. The actual period of 2 prison time served is determined by the statutes of Illinois 3 as applied to this sentence by the Illinois Department of 4 Corrections and the Illinois Prisoner Review Board. In this 5 case, assuming the defendant receives all of his or her good 6 conduct credit, the period of estimated actual custody is ... 7 years and ... months, less up to 90 days additional good 8 conduct credit for meritorious service. If the defendant, 9 because of his or her own misconduct or failure to comply 10 with the institutional regulations, does not receive those 11 credits, the actual time served in prison will be longer. 12 The defendant may also receive an additional one-half day 13 good conduct credit for each day of participation in 14 vocational, industry, substance abuse, and educational 15 programs as provided for by Illinois statute." 16 When the sentence is imposed for one of the offenses 17 enumerated in paragraph (a)(2) of Section 3-6-3, other than 18 first degree murder, and the offense was committed on or 19 after June 19, 1998, and when the sentence is imposed for 20 reckless homicide as defined in subsection (e) of Section 9-3 21 of the Criminal Code of 1961 if the offense was committed on 22 or after January 1, 1999, and when the sentence is imposed 23 for aggravated arson if the offense was committed on or after 24 the effective date of this amendatory Act of the 92nd General 25 Assembly, the judge's statement, to be given after 26 pronouncing the sentence, shall include the following: 27 "The purpose of this statement is to inform the public of 28 the actual period of time this defendant is likely to spend 29 in prison as a result of this sentence. The actual period of 30 prison time served is determined by the statutes of Illinois 31 as applied to this sentence by the Illinois Department of 32 Corrections and the Illinois Prisoner Review Board. In this 33 case, the defendant is entitled to no more than 4 1/2 days of 34 good conduct credit for each month of his or her sentence of HB4104 Engrossed -15- LRB9211871RCcd 1 imprisonment. Therefore, this defendant will serve at least 2 85% of his or her sentence. Assuming the defendant receives 3 4 1/2 days credit for each month of his or her sentence, the 4 period of estimated actual custody is ... years and ... 5 months. If the defendant, because of his or her own 6 misconduct or failure to comply with the institutional 7 regulations receives lesser credit, the actual time served in 8 prison will be longer." 9 When a sentence of imprisonment is imposed for first 10 degree murder and the offense was committed on or after June 11 19, 1998, the judge's statement, to be given after 12 pronouncing the sentence, shall include the following: 13 "The purpose of this statement is to inform the public of 14 the actual period of time this defendant is likely to spend 15 in prison as a result of this sentence. The actual period of 16 prison time served is determined by the statutes of Illinois 17 as applied to this sentence by the Illinois Department of 18 Corrections and the Illinois Prisoner Review Board. In this 19 case, the defendant is not entitled to good conduct credit. 20 Therefore, this defendant will serve 100% of his or her 21 sentence." 22 When the sentence is imposed for any offense that results 23 in incarceration in a Department of Corrections facility 24 committed as a result of the use of, abuse of, or addiction 25 to alcohol or a controlled substance and the crime was 26 committed on or after the effective date of this amendatory 27 Act of the 92nd General Assembly, the judge's statement, in 28 addition to any other judge's statement required under this 29 Section, to be given after pronouncing the sentence, shall 30 include the following: 31 "The purpose of this statement is to inform the public of 32 the actual period of time this defendant is likely to spend 33 in prison as a result of this sentence. The actual period of 34 prison time served is determined by the statutes of Illinois HB4104 Engrossed -16- LRB9211871RCcd 1 as applied to this sentence by the Illinois Department of 2 Corrections and the Illinois Prisoner Review Board. In this 3 case, the defendant shall receive no good conduct credit 4 until he or she participates in and completes a substance 5 abuse treatment program." 6 (d) When the defendant is committed to the Department of 7 Corrections, the State's Attorney shall and counsel for the 8 defendant may file a statement with the clerk of the court to 9 be transmitted to the department, agency or institution to 10 which the defendant is committed to furnish such department, 11 agency or institution with the facts and circumstances of the 12 offense for which the person was committed together with all 13 other factual information accessible to them in regard to the 14 person prior to his commitment relative to his habits, 15 associates, disposition and reputation and any other facts 16 and circumstances which may aid such department, agency or 17 institution during its custody of such person. The clerk 18 shall within 10 days after receiving any such statements 19 transmit a copy to such department, agency or institution and 20 a copy to the other party, provided, however, that this shall 21 not be cause for delay in conveying the person to the 22 department, agency or institution to which he has been 23 committed. 24 (e) The clerk of the court shall transmit to the 25 department, agency or institution, if any, to which the 26 defendant is committed, the following: 27 (1) the sentence imposed; 28 (2) any statement by the court of the basis for 29 imposing the sentence; 30 (3) any presentence reports; 31 (4) the number of days, if any, which the defendant 32 has been in custody and for which he is entitled to 33 credit against the sentence, which information shall be 34 provided to the clerk by the sheriff; HB4104 Engrossed -17- LRB9211871RCcd 1 (4.1) any finding of great bodily harm made by the 2 court with respect to an offense enumerated in subsection 3 (c-1); 4 (5) all statements filed under subsection (d) of 5 this Section; 6 (6) any medical or mental health records or 7 summaries of the defendant; 8 (7) the municipality where the arrest of the 9 offender or the commission of the offense has occurred, 10 where such municipality has a population of more than 11 25,000 persons; 12 (8) all statements made and evidence offered under 13 paragraph (7) of subsection (a) of this Section; and 14 (9) all additional matters which the court directs 15 the clerk to transmit. 16 (Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01; 17 92-176, eff. 7-27-01.) 18 Section 99. Effective date. This Act takes effect 19 September 1, 2002.