State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_HB5641

 
                                               LRB9214593LBpc

 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
 
                            -2-                LRB9214593LBpc
 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
 
                            -3-                LRB9214593LBpc
 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             (2.6)  The rules and regulations  on  early  release
20        shall  provide  that a prisoner who is serving a sentence
21        for compelling organization membership of  persons  under
22        Section  12-6.1  of  the  Criminal  Code  of 1961, if the
23        organization that the person is solicited  or  caused  to
24        join  or is deterred from leaving is a gang as defined in
25        Section 10 of the Illinois Streetgang  Terrorism  Omnibus
26        Prevention  Act  and the offense is committed on or after
27        the effective date of this amendatory  Act  of  the  92nd
28        General  Assembly, shall receive no more than 4.5 days of
29        good conduct credit for each month of his or her sentence
30        of imprisonment.
31             (3)  The rules and regulations  shall  also  provide
32        that  the  Director  may  award up to 180 days additional
33        good conduct credit for meritorious service  in  specific
34        instances  as  the  Director deems proper; except that no
 
                            -4-                LRB9214593LBpc
 1        more than 90 days of good conduct credit for  meritorious
 2        service shall be awarded to any prisoner who is serving a
 3        sentence  for conviction of first degree murder, reckless
 4        homicide while under the  influence  of  alcohol  or  any
 5        other  drug, aggravated kidnapping, kidnapping, predatory
 6        criminal sexual assault of a child,  aggravated  criminal
 7        sexual  assault,  criminal sexual assault, deviate sexual
 8        assault, aggravated  criminal  sexual  abuse,  aggravated
 9        indecent  liberties with a child, indecent liberties with
10        a child, child pornography, heinous  battery,  aggravated
11        battery  of a spouse, aggravated battery of a spouse with
12        a  firearm,  stalking,  aggravated  stalking,  aggravated
13        battery of a child, endangering the life or health  of  a
14        child,  cruelty  to  a  child,  or narcotic racketeering.
15        Notwithstanding the foregoing, good  conduct  credit  for
16        meritorious service shall not be awarded on a sentence of
17        imprisonment  imposed  for  conviction of: (i) one of the
18        offenses  enumerated  in  subdivision  (a)(2)  when   the
19        offense  is  committed  on  or  after June 19, 1998, (ii)
20        reckless homicide as defined in subsection (e) of Section
21        9-3 of the Criminal Code of  1961  when  the  offense  is
22        committed  on  or after January 1, 1999, (iii) one of the
23        offenses enumerated  in  subdivision  (a)(2.4)  when  the
24        offense  is  committed  on or after the effective date of
25        this amendatory Act of 1999,  or  (iv)  aggravated  arson
26        when  the  offense is committed on or after the effective
27        date of this amendatory Act of the 92nd General Assembly,
28        or (v) the offense  enumerated  in  subdivision  (a)(2.6)
29        when  the  offense is committed on or after the effective
30        date of this amendatory Act of the 92nd General Assembly.
31             (4)  The rules and regulations  shall  also  provide
32        that  the  good  conduct  credit accumulated and retained
33        under paragraph (2.1) of subsection (a) of  this  Section
34        by  any  inmate  during specific periods of time in which
 
                            -5-                LRB9214593LBpc
 1        such inmate  is  engaged  full-time  in  substance  abuse
 2        programs,    correctional    industry   assignments,   or
 3        educational programs provided  by  the  Department  under
 4        this  paragraph  (4)  and  satisfactorily  completes  the
 5        assigned  program  as  determined by the standards of the
 6        Department, shall be multiplied by a factor of  1.25  for
 7        program participation before August 11, 1993 and 1.50 for
 8        program  participation on or after that date. However, no
 9        inmate shall be eligible for the additional good  conduct
10        credit  under this paragraph (4) while assigned to a boot
11        camp, mental health unit, or electronic detention, or  if
12        convicted of an offense enumerated in paragraph (a)(2) of
13        this Section that is committed on or after June 19, 1998,
14        or  if  convicted  of  reckless  homicide  as  defined in
15        subsection (e) of Section 9-3 of  the  Criminal  Code  of
16        1961  if  the offense is committed on or after January 1,
17        1999,  or  if  convicted  of  an  offense  enumerated  in
18        paragraph (a)(2.4) of this Section that is  committed  on
19        or  after  the  effective  date of this amendatory Act of
20        1999,  or  if  convicted  of  an  offense  enumerated  in
21        paragraph (a)(2.6) of this Section that is  committed  on
22        or after the effective date of this amendatory Act of the
23        92nd  General Assembly, or first degree murder, a Class X
24        felony, criminal sexual assault, felony  criminal  sexual
25        abuse,   aggravated  criminal  sexual  abuse,  aggravated
26        battery with a firearm, or any predecessor  or  successor
27        offenses   with   the  same  or  substantially  the  same
28        elements,  or  any  inchoate  offenses  relating  to  the
29        foregoing offenses.  No inmate shall be eligible for  the
30        additional  good  conduct credit under this paragraph (4)
31        who (i) has previously received  increased  good  conduct
32        credit under this paragraph (4) and has subsequently been
33        convicted of a felony, or (ii) has previously served more
34        than  one  prior sentence of imprisonment for a felony in
 
                            -6-                LRB9214593LBpc
 1        an adult correctional facility.
 2             Educational,   vocational,   substance   abuse   and
 3        correctional industry programs under which  good  conduct
 4        credit may be increased under this paragraph (4) shall be
 5        evaluated  by  the  Department on the basis of documented
 6        standards.  The Department shall report  the  results  of
 7        these   evaluations  to  the  Governor  and  the  General
 8        Assembly by September 30th of  each  year.   The  reports
 9        shall  include data relating to the recidivism rate among
10        program participants.
11             Availability of these programs shall be  subject  to
12        the  limits  of  fiscal  resources  appropriated  by  the
13        General  Assembly  for  these purposes.  Eligible inmates
14        who are denied immediate admission shall be placed  on  a
15        waiting   list   under   criteria   established   by  the
16        Department. The inability of any inmate to become engaged
17        in any such programs by reason  of  insufficient  program
18        resources  or  for any other reason established under the
19        rules and regulations of  the  Department  shall  not  be
20        deemed  a  cause  of action under which the Department or
21        any employee or agent of the Department shall  be  liable
22        for damages to the inmate.
23             (5)  Whenever  the  Department  is  to  release  any
24        inmate earlier than it otherwise would because of a grant
25        of  good  conduct credit for meritorious service given at
26        any time during  the  term,  the  Department  shall  give
27        reasonable advance notice of the impending release to the
28        State's  Attorney  of the county where the prosecution of
29        the inmate took place.
30        (b)  Whenever a person is or  has  been  committed  under
31    several  convictions,  with separate sentences, the sentences
32    shall be  construed  under  Section  5-8-4  in  granting  and
33    forfeiting of good time.
34        (c)  The Department shall prescribe rules and regulations
 
                            -7-                LRB9214593LBpc
 1    for  revoking  good conduct credit, or suspending or reducing
 2    the rate of accumulation of good conduct credit for  specific
 3    rule   violations,  during  imprisonment.   These  rules  and
 4    regulations shall provide that no  inmate  may  be  penalized
 5    more  than  one  year  of  good  conduct  credit  for any one
 6    infraction.
 7        When the Department seeks to revoke,  suspend  or  reduce
 8    the  rate  of accumulation of any good conduct credits for an
 9    alleged infraction of  its  rules,  it  shall  bring  charges
10    therefor  against  the  prisoner  sought to be so deprived of
11    good conduct credits before  the  Prisoner  Review  Board  as
12    provided  in  subparagraph  (a)(4)  of  Section 3-3-2 of this
13    Code, if the amount of credit at issue  exceeds  30  days  or
14    when  during  any  12  month period, the cumulative amount of
15    credit revoked exceeds 30 days except where the infraction is
16    committed or discovered within 60 days of scheduled  release.
17    In  those  cases, the Department of Corrections may revoke up
18    to 30 days of good conduct credit. The Board may subsequently
19    approve the revocation of additional good conduct credit,  if
20    the  Department seeks to revoke good conduct credit in excess
21    of 30 days.  However, the Board shall  not  be  empowered  to
22    review  the Department's decision with respect to the loss of
23    30 days of good conduct credit within any calendar  year  for
24    any  prisoner  or  to  increase any penalty beyond the length
25    requested by the Department.
26        The  Director  of  the  Department  of  Corrections,   in
27    appropriate  cases,  may  restore  up to 30 days good conduct
28    credits which have been revoked, suspended  or  reduced.  Any
29    restoration  of  good  conduct  credits  in excess of 30 days
30    shall be subject to review  by  the  Prisoner  Review  Board.
31    However,  the  Board  may  not restore good conduct credit in
32    excess of the amount requested by the Director.
33        Nothing contained in  this  Section  shall  prohibit  the
34    Prisoner  Review  Board  from  ordering,  pursuant to Section
 
                            -8-                LRB9214593LBpc
 1    3-3-9(a)(3)(i)(B), that a prisoner serve up to  one  year  of
 2    the  sentence imposed by the court that was not served due to
 3    the accumulation of good conduct credit.
 4        (d)  If a lawsuit is filed by a prisoner in  an  Illinois
 5    or  federal  court  against  the  State,  the  Department  of
 6    Corrections,  or the Prisoner Review Board, or against any of
 7    their officers or employees, and the court makes  a  specific
 8    finding  that a pleading, motion, or other paper filed by the
 9    prisoner is frivolous, the Department  of  Corrections  shall
10    conduct  a  hearing  to revoke up to 180 days of good conduct
11    credit by bringing charges against the prisoner sought to  be
12    deprived  of  the  good  conduct  credits before the Prisoner
13    Review Board as provided in subparagraph  (a)(8)  of  Section
14    3-3-2  of  this Code. If the prisoner has not accumulated 180
15    days of good conduct credit at the time of the finding,  then
16    the  Prisoner Review Board may revoke all good conduct credit
17    accumulated by the prisoner.
18        For purposes of this subsection (d):
19             (1)  "Frivolous" means that a pleading,  motion,  or
20        other  filing which purports to be a legal document filed
21        by a prisoner in his or her lawsuit meets any or  all  of
22        the following criteria:
23                  (A)  it  lacks  an arguable basis either in law
24             or in fact;
25                  (B)  it is being  presented  for  any  improper
26             purpose,  such  as to harass or to cause unnecessary
27             delay  or  needless  increase   in   the   cost   of
28             litigation;
29                  (C)  the  claims,  defenses,  and  other  legal
30             contentions  therein  are  not warranted by existing
31             law or by a nonfrivolous argument for the extension,
32             modification, or reversal of  existing  law  or  the
33             establishment of new law;
34                  (D)  the    allegations   and   other   factual
 
                            -9-                LRB9214593LBpc
 1             contentions do not have evidentiary support  or,  if
 2             specifically  so  identified, are not likely to have
 3             evidentiary support after a  reasonable  opportunity
 4             for further investigation or discovery; or
 5                  (E)  the denials of factual contentions are not
 6             warranted  on  the  evidence,  or if specifically so
 7             identified, are not reasonably based on  a  lack  of
 8             information or belief.
 9             (2)  "Lawsuit"  means a petition for post-conviction
10        relief  under  Article  122  of  the  Code  of   Criminal
11        Procedure  of 1963, a motion pursuant to Section 116-3 of
12        the Code of Criminal Procedure of 1963, a  habeas  corpus
13        action  under Article X of the Code of Civil Procedure or
14        under federal law (28 U.S.C. 2254), a petition for  claim
15        under  the  Court  of  Claims  Act or an action under the
16        federal Civil Rights Act (42 U.S.C. 1983).
17        (e)  Nothing in this amendatory Act of 1998  affects  the
18    validity of Public Act 89-404.
19    (Source: P.A.  91-121,  eff.  7-15-99;  91-357, eff. 7-29-99;
20    92-176, eff. 7-27-01.)

21        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
22        Sec. 5-4-1.  Sentencing Hearing.
23        (a)  Except  when  the  death  penalty  is  sought  under
24    hearing procedures otherwise specified, after a determination
25    of guilt, a hearing shall be held  to  impose  the  sentence.
26    However, prior to the imposition of sentence on an individual
27    being  sentenced  for  an  offense  based upon a charge for a
28    violation of Section 11-501 of the Illinois Vehicle Code or a
29    similar provision of a local ordinance, the  individual  must
30    undergo  a professional evaluation to determine if an alcohol
31    or other drug abuse problem exists and the extent of  such  a
32    problem.   Programs  conducting  these  evaluations  shall be
33    licensed by the Department of Human  Services.   However,  if
 
                            -10-               LRB9214593LBpc
 1    the  individual is not a resident of Illinois, the court may,
 2    in its discretion, accept an evaluation from a program in the
 3    state of such individual's residence. The court  may  in  its
 4    sentencing  order approve an eligible defendant for placement
 5    in a Department of Corrections impact  incarceration  program
 6    as  provided  in  Section  5-8-1.1.  At the hearing the court
 7    shall:
 8             (1)  consider the evidence, if  any,  received  upon
 9        the trial;
10             (2)  consider any presentence reports;
11             (3)  consider  the financial impact of incarceration
12        based on the financial impact statement  filed  with  the
13        clerk of the court by the Department of Corrections;
14             (4)  consider  evidence  and  information offered by
15        the parties in aggravation and mitigation;
16             (5)  hear arguments as to sentencing alternatives;
17             (6)  afford the defendant the opportunity to make  a
18        statement in his own behalf;
19             (7)  afford  the  victim  of  a  violent  crime or a
20        violation of Section 11-501 of the Illinois Vehicle Code,
21        or a  similar  provision  of  a  local  ordinance,  or  a
22        qualified  individual  affected by a violation of Section
23        405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
24        Substances   Act,   committed   by   the   defendant  the
25        opportunity to make a statement concerning the impact  on
26        the  victim  and  to  offer  evidence  in  aggravation or
27        mitigation; provided  that  the  statement  and  evidence
28        offered  in  aggravation  or  mitigation  must  first  be
29        prepared  in  writing  in  conjunction  with  the State's
30        Attorney  before  it  may  be  presented  orally  at  the
31        hearing. Any sworn testimony offered  by  the  victim  is
32        subject  to  the  defendant's right to cross-examine. All
33        statements and evidence offered under this paragraph  (7)
34        shall  become  part  of the record of the court.  For the
 
                            -11-               LRB9214593LBpc
 1        purpose of this  paragraph  (7),  "qualified  individual"
 2        means  any  person  who  (i)  lived  or worked within the
 3        territorial jurisdiction where  the  offense  took  place
 4        when  the  offense  took place; and (ii) is familiar with
 5        various public places within the territorial jurisdiction
 6        where the offense took place when the offense took place.
 7        For  the  purposes  of  this  paragraph  (7),  "qualified
 8        individual" includes any peace officer, or any member  of
 9        any duly organized State, county, or municipal peace unit
10        assigned   to  the  territorial  jurisdiction  where  the
11        offense took place when the offense took place; and
12             (8)  in  cases  of  reckless  homicide  afford   the
13        victim's  spouse,  guardians,  parents or other immediate
14        family members an opportunity to make oral statements.
15        (b)  All sentences shall be imposed by  the  judge  based
16    upon  his  independent  assessment  of the elements specified
17    above and  any  agreement  as  to  sentence  reached  by  the
18    parties.   The  judge  who presided at the trial or the judge
19    who accepted the plea of guilty  shall  impose  the  sentence
20    unless  he  is  no  longer  sitting as a judge in that court.
21    Where the judge does not impose sentence at the same time  on
22    all  defendants  who  are  convicted  as  a  result  of being
23    involved in the same offense, the defendant  or  the  State's
24    Attorney  may  advise the sentencing court of the disposition
25    of any other defendants who have been sentenced.
26        (c)  In imposing a sentence for a violent crime or for an
27    offense of operating  or  being  in  physical  control  of  a
28    vehicle  while under the influence of alcohol, any other drug
29    or any combination thereof, or a similar provision of a local
30    ordinance, when such offense resulted in the personal  injury
31    to  someone  other  than the defendant, the trial judge shall
32    specify on the record the particular  evidence,  information,
33    factors  in  mitigation and aggravation or other reasons that
34    led to his sentencing determination. The full verbatim record
 
                            -12-               LRB9214593LBpc
 1    of the sentencing hearing shall be filed with  the  clerk  of
 2    the court and shall be a public record.
 3        (c-1)  In   imposing   a  sentence  for  the  offense  of
 4    aggravated  kidnapping  for  ransom,  home  invasion,   armed
 5    robbery, aggravated vehicular hijacking, aggravated discharge
 6    of  a  firearm, or armed violence with a category I weapon or
 7    category II weapon, the trial judge shall make a  finding  as
 8    to  whether the conduct leading to conviction for the offense
 9    resulted in great bodily harm to a victim,  and  shall  enter
10    that finding and the basis for that finding in the record.
11        (c-2)  If  the  defendant  is  sentenced to prison, other
12    than when a  sentence  of  natural  life  imprisonment  or  a
13    sentence  of  death  is  imposed, at the time the sentence is
14    imposed the judge shall state on the record in open court the
15    approximate period  of  time  the  defendant  will  serve  in
16    custody  according  to  the  then current statutory rules and
17    regulations for early release  found  in  Section  3-6-3  and
18    other  related  provisions  of  this Code.  This statement is
19    intended solely to inform the public, has no legal effect  on
20    the  defendant's  actual release, and may not be relied on by
21    the defendant on appeal.
22        The judge's statement, to be given after pronouncing  the
23    sentence,  other than when the sentence is imposed for one of
24    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25    shall include the following:
26        "The purpose of this statement is to inform the public of
27    the actual period of time this defendant is likely  to  spend
28    in prison as a result of this sentence.  The actual period of
29    prison  time served is determined by the statutes of Illinois
30    as applied to this sentence by  the  Illinois  Department  of
31    Corrections  and the Illinois Prisoner Review Board.  In this
32    case, assuming the defendant receives all of his or her  good
33    conduct credit, the period of estimated actual custody is ...
34    years  and  ...  months,  less up to 180 days additional good
 
                            -13-               LRB9214593LBpc
 1    conduct credit for meritorious service.   If  the  defendant,
 2    because  of  his  or  her own misconduct or failure to comply
 3    with the institutional regulations, does  not  receive  those
 4    credits,  the  actual  time  served in prison will be longer.
 5    The defendant may also receive  an  additional  one-half  day
 6    good   conduct  credit  for  each  day  of  participation  in
 7    vocational,  industry,  substance  abuse,   and   educational
 8    programs as provided for by Illinois statute."
 9        When  the  sentence  is  imposed  for one of the offenses
10    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
11    when  the  sentence  is  imposed  for  one  of  the  offenses
12    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
13    or after June 19, 1998, and other than when the  sentence  is
14    imposed for reckless homicide as defined in subsection (e) of
15    Section  9-3  of the Criminal Code of 1961 if the offense was
16    committed on or after January 1, 1999, and  other  than  when
17    the  sentence  is  imposed  for  the  offense  enumerated  in
18    paragraph (a)(2.6) of Section 3-6-3 committed on or after the
19    effective  date  of  this  amendatory Act of the 92nd General
20    Assembly, and other than when the  sentence  is  imposed  for
21    aggravated arson if the offense was committed on or after the
22    effective  date  of  this  amendatory Act of the 92nd General
23    Assembly,  the  judge's  statement,   to   be   given   after
24    pronouncing the sentence, shall include the following:
25        "The purpose of this statement is to inform the public of
26    the  actual  period of time this defendant is likely to spend
27    in prison as a result of this sentence.  The actual period of
28    prison time served is determined by the statutes of  Illinois
29    as  applied  to  this  sentence by the Illinois Department of
30    Corrections and the Illinois Prisoner Review Board.  In  this
31    case,  assuming the defendant receives all of his or her good
32    conduct credit, the period of estimated actual custody is ...
33    years and ... months, less up  to  90  days  additional  good
34    conduct  credit  for  meritorious service.  If the defendant,
 
                            -14-               LRB9214593LBpc
 1    because of his or her own misconduct  or  failure  to  comply
 2    with  the  institutional  regulations, does not receive those
 3    credits, the actual time served in  prison  will  be  longer.
 4    The  defendant  may  also  receive an additional one-half day
 5    good  conduct  credit  for  each  day  of  participation   in
 6    vocational,   industry,   substance  abuse,  and  educational
 7    programs as provided for by Illinois statute."
 8        When the sentence is imposed  for  one  of  the  offenses
 9    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
10    first degree murder, and the  offense  was  committed  on  or
11    after  June  19,  1998,  and when the sentence is imposed for
12    reckless homicide as defined in subsection (e) of Section 9-3
13    of the Criminal Code of 1961 if the offense was committed  on
14    or  after  January  1, 1999, and when the sentence is imposed
15    for the offense enumerated in paragraph (a)(2.6)  of  Section
16    3-6-3  committed  on  or  after  the  effective  date of this
17    amendatory Act of the 92nd General  Assembly,  and  when  the
18    sentence  is  imposed for aggravated arson if the offense was
19    committed on or after the effective date of  this  amendatory
20    Act  of  the 92nd General Assembly, the judge's statement, to
21    be given after pronouncing the sentence,  shall  include  the
22    following:
23        "The purpose of this statement is to inform the public of
24    the  actual  period of time this defendant is likely to spend
25    in prison as a result of this sentence.  The actual period of
26    prison time served is determined by the statutes of  Illinois
27    as  applied  to  this  sentence by the Illinois Department of
28    Corrections and the Illinois Prisoner Review Board.  In  this
29    case, the defendant is entitled to no more than 4 1/2 days of
30    good  conduct credit for each month of his or her sentence of
31    imprisonment.  Therefore, this defendant will serve at  least
32    85%  of his or her sentence.  Assuming the defendant receives
33    4 1/2 days credit for each month of his or her sentence,  the
34    period  of  estimated  actual  custody  is  ... years and ...
 
                            -15-               LRB9214593LBpc
 1    months.   If  the  defendant,  because  of  his  or  her  own
 2    misconduct  or  failure  to  comply  with  the  institutional
 3    regulations receives lesser credit, the actual time served in
 4    prison will be longer."
 5        When a sentence of  imprisonment  is  imposed  for  first
 6    degree  murder and the offense was committed on or after June
 7    19,  1998,  the  judge's  statement,  to   be   given   after
 8    pronouncing the sentence, shall include the following:
 9        "The purpose of this statement is to inform the public of
10    the  actual  period of time this defendant is likely to spend
11    in prison as a result of this sentence.  The actual period of
12    prison time served is determined by the statutes of  Illinois
13    as  applied  to  this  sentence by the Illinois Department of
14    Corrections and the Illinois Prisoner Review Board.  In  this
15    case,  the  defendant is not entitled to good conduct credit.
16    Therefore, this defendant will  serve  100%  of  his  or  her
17    sentence."
18        (d)  When the defendant is committed to the Department of
19    Corrections,  the  State's Attorney shall and counsel for the
20    defendant may file a statement with the clerk of the court to
21    be transmitted to the department, agency  or  institution  to
22    which  the defendant is committed to furnish such department,
23    agency or institution with the facts and circumstances of the
24    offense for which the person was committed together with  all
25    other factual information accessible to them in regard to the
26    person  prior  to  his  commitment  relative  to  his habits,
27    associates, disposition and reputation and  any  other  facts
28    and  circumstances  which  may aid such department, agency or
29    institution during its custody of  such  person.   The  clerk
30    shall  within  10  days  after  receiving any such statements
31    transmit a copy to such department, agency or institution and
32    a copy to the other party, provided, however, that this shall
33    not be cause  for  delay  in  conveying  the  person  to  the
34    department,  agency  or  institution  to  which  he  has been
 
                            -16-               LRB9214593LBpc
 1    committed.
 2        (e)  The  clerk  of  the  court  shall  transmit  to  the
 3    department, agency or  institution,  if  any,  to  which  the
 4    defendant is committed, the following:
 5             (1)  the sentence imposed;
 6             (2)  any  statement  by  the  court of the basis for
 7        imposing the sentence;
 8             (3)  any presentence reports;
 9             (4)  the number of days, if any, which the defendant
10        has been in custody and  for  which  he  is  entitled  to
11        credit  against  the sentence, which information shall be
12        provided to the clerk by the sheriff;
13             (4.1)  any finding of great bodily harm made by  the
14        court with respect to an offense enumerated in subsection
15        (c-1);
16             (5)  all  statements  filed  under subsection (d) of
17        this Section;
18             (6)  any  medical  or  mental  health   records   or
19        summaries of the defendant;
20             (7)  the   municipality  where  the  arrest  of  the
21        offender or the commission of the offense  has  occurred,
22        where  such  municipality  has  a population of more than
23        25,000 persons;
24             (8)  all statements made and evidence offered  under
25        paragraph (7) of subsection (a) of this Section; and
26             (9)  all  additional matters which the court directs
27        the clerk to transmit.
28    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
29    92-176, eff. 7-27-01.)

[ Top ]