IL
Illinois House Bill HB1053

Illinois 2023-2024 Regular Session

Illinois House Bill HB1053 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1053 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep. Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code. Provides that notwithstanding any provision of law to the contrary, a person convicted before the repeal of the armed habitual criminal statute and the general recidivism and habitual criminal provisions of the Code shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any sex offense under the Sex Offenses Article of the Criminal Code of 2012. Amends the Intergovernmental Drug Laws Enforcement Act, the Illinois Vehicle Code, and the Code of Criminal Procedure of 1963 to make conforming changes. LRB103 00063 RLC 45063 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1053 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep. 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep. Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code. Provides that notwithstanding any provision of law to the contrary, a person convicted before the repeal of the armed habitual criminal statute and the general recidivism and habitual criminal provisions of the Code shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any sex offense under the Sex Offenses Article of the Criminal Code of 2012. Amends the Intergovernmental Drug Laws Enforcement Act, the Illinois Vehicle Code, and the Code of Criminal Procedure of 1963 to make conforming changes. LRB103 00063 RLC 45063 b LRB103 00063 RLC 45063 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1053 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
33 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep. 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep.
44 30 ILCS 715/3 from Ch. 56 1/2, par. 1703
55 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
66 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
77 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3
88 720 ILCS 5/24-1.7 rep.
99 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
1010 725 ILCS 5/111-3 from Ch. 38, par. 111-3
1111 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
1212 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
1313 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
1414 730 ILCS 5/5-4.5-95 rep.
1515 Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code. Provides that notwithstanding any provision of law to the contrary, a person convicted before the repeal of the armed habitual criminal statute and the general recidivism and habitual criminal provisions of the Code shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any sex offense under the Sex Offenses Article of the Criminal Code of 2012. Amends the Intergovernmental Drug Laws Enforcement Act, the Illinois Vehicle Code, and the Code of Criminal Procedure of 1963 to make conforming changes.
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2121 1 AN ACT concerning criminal law.
2222 2 Be it enacted by the People of the State of Illinois,
2323 3 represented in the General Assembly:
2424 4 Section 5. The Intergovernmental Drug Laws Enforcement Act
2525 5 is amended by changing Section 3 as follows:
2626 6 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
2727 7 Sec. 3. A Metropolitan Enforcement Group which meets the
2828 8 minimum criteria established in this Section is eligible to
2929 9 receive State grants to help defray the costs of operation. To
3030 10 be eligible a MEG must:
3131 11 (1) Be established and operating pursuant to
3232 12 intergovernmental contracts written and executed in
3333 13 conformity with the Intergovernmental Cooperation Act, and
3434 14 involve 2 or more units of local government.
3535 15 (2) Establish a MEG Policy Board composed of an
3636 16 elected official, or his designee, and the chief law
3737 17 enforcement officer, or his designee, from each
3838 18 participating unit of local government to oversee the
3939 19 operations of the MEG and make such reports to the
4040 20 Illinois State Police as the Illinois State Police may
4141 21 require.
4242 22 (3) Designate a single appropriate elected official of
4343 23 a participating unit of local government to act as the
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4747 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1053 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
4848 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep. 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 720 ILCS 5/24-1.7 rep. 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4.5-95 rep.
4949 30 ILCS 715/3 from Ch. 56 1/2, par. 1703
5050 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
5151 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
5252 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3
5353 720 ILCS 5/24-1.7 rep.
5454 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
5555 725 ILCS 5/111-3 from Ch. 38, par. 111-3
5656 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
5757 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
5858 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
5959 730 ILCS 5/5-4.5-95 rep.
6060 Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code. Provides that notwithstanding any provision of law to the contrary, a person convicted before the repeal of the armed habitual criminal statute and the general recidivism and habitual criminal provisions of the Code shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any sex offense under the Sex Offenses Article of the Criminal Code of 2012. Amends the Intergovernmental Drug Laws Enforcement Act, the Illinois Vehicle Code, and the Code of Criminal Procedure of 1963 to make conforming changes.
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7070 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
7171 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
7272 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3
7373 720 ILCS 5/24-1.7 rep.
7474 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
7575 725 ILCS 5/111-3 from Ch. 38, par. 111-3
7676 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
7777 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
7878 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
7979 730 ILCS 5/5-4.5-95 rep.
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9898 1 financial officer of the MEG for all participating units
9999 2 of local government and to receive funds for the operation
100100 3 of the MEG.
101101 4 (4) Limit its operations to enforcement of drug laws;
102102 5 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
103103 6 24-1.2-5, 24-1.5, 24-1.7 before the effective date of this
104104 7 amendatory Act of the 103rd General Assembly, 24-1.8,
105105 8 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4,
106106 9 24-3.5, 24-3.7, 24-3.8, 24-3.9, 24-3A, 24-3B, 24-4, and
107107 10 24-5 of the Criminal Code of 2012; Sections 2, 3, 6.1, and
108108 11 14 of the Firearm Owners Identification Card Act; and the
109109 12 investigation of streetgang related offenses.
110110 13 (5) Cooperate with the Illinois State Police in order
111111 14 to assure compliance with this Act and to enable the
112112 15 Illinois State Police to fulfill its duties under this
113113 16 Act, and supply the Illinois State Police with all
114114 17 information the Illinois State Police deems necessary
115115 18 therefor.
116116 19 (6) Receive funding of at least 50% of the total
117117 20 operating budget of the MEG from the participating units
118118 21 of local government.
119119 22 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
120120 23 102-813, eff. 5-13-22.)
121121 24 Section 10. The Illinois Vehicle Code is amended by
122122 25 changing Sections 6-106.1 and 6-508 as follows:
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133133 1 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
134134 2 Sec. 6-106.1. School bus driver permit.
135135 3 (a) The Secretary of State shall issue a school bus driver
136136 4 permit to those applicants who have met all the requirements
137137 5 of the application and screening process under this Section to
138138 6 insure the welfare and safety of children who are transported
139139 7 on school buses throughout the State of Illinois. Applicants
140140 8 shall obtain the proper application required by the Secretary
141141 9 of State from their prospective or current employer and submit
142142 10 the completed application to the prospective or current
143143 11 employer along with the necessary fingerprint submission as
144144 12 required by the Illinois State Police to conduct fingerprint
145145 13 based criminal background checks on current and future
146146 14 information available in the state system and current
147147 15 information available through the Federal Bureau of
148148 16 Investigation's system. Applicants who have completed the
149149 17 fingerprinting requirements shall not be subjected to the
150150 18 fingerprinting process when applying for subsequent permits or
151151 19 submitting proof of successful completion of the annual
152152 20 refresher course. Individuals who on July 1, 1995 (the
153153 21 effective date of Public Act 88-612) possess a valid school
154154 22 bus driver permit that has been previously issued by the
155155 23 appropriate Regional School Superintendent are not subject to
156156 24 the fingerprinting provisions of this Section as long as the
157157 25 permit remains valid and does not lapse. The applicant shall
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168168 1 be required to pay all related application and fingerprinting
169169 2 fees as established by rule including, but not limited to, the
170170 3 amounts established by the Illinois State Police and the
171171 4 Federal Bureau of Investigation to process fingerprint based
172172 5 criminal background investigations. All fees paid for
173173 6 fingerprint processing services under this Section shall be
174174 7 deposited into the State Police Services Fund for the cost
175175 8 incurred in processing the fingerprint based criminal
176176 9 background investigations. All other fees paid under this
177177 10 Section shall be deposited into the Road Fund for the purpose
178178 11 of defraying the costs of the Secretary of State in
179179 12 administering this Section. All applicants must:
180180 13 1. be 21 years of age or older;
181181 14 2. possess a valid and properly classified driver's
182182 15 license issued by the Secretary of State;
183183 16 3. possess a valid driver's license, which has not
184184 17 been revoked, suspended, or canceled for 3 years
185185 18 immediately prior to the date of application, or have not
186186 19 had his or her commercial motor vehicle driving privileges
187187 20 disqualified within the 3 years immediately prior to the
188188 21 date of application;
189189 22 4. successfully pass a written test, administered by
190190 23 the Secretary of State, on school bus operation, school
191191 24 bus safety, and special traffic laws relating to school
192192 25 buses and submit to a review of the applicant's driving
193193 26 habits by the Secretary of State at the time the written
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204204 1 test is given;
205205 2 5. demonstrate ability to exercise reasonable care in
206206 3 the operation of school buses in accordance with rules
207207 4 promulgated by the Secretary of State;
208208 5 6. demonstrate physical fitness to operate school
209209 6 buses by submitting the results of a medical examination,
210210 7 including tests for drug use for each applicant not
211211 8 subject to such testing pursuant to federal law, conducted
212212 9 by a licensed physician, a licensed advanced practice
213213 10 registered nurse, or a licensed physician assistant within
214214 11 90 days of the date of application according to standards
215215 12 promulgated by the Secretary of State;
216216 13 7. affirm under penalties of perjury that he or she
217217 14 has not made a false statement or knowingly concealed a
218218 15 material fact in any application for permit;
219219 16 8. have completed an initial classroom course,
220220 17 including first aid procedures, in school bus driver
221221 18 safety as promulgated by the Secretary of State; and after
222222 19 satisfactory completion of said initial course an annual
223223 20 refresher course; such courses and the agency or
224224 21 organization conducting such courses shall be approved by
225225 22 the Secretary of State; failure to complete the annual
226226 23 refresher course, shall result in cancellation of the
227227 24 permit until such course is completed;
228228 25 9. not have been under an order of court supervision
229229 26 for or convicted of 2 or more serious traffic offenses, as
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240240 1 defined by rule, within one year prior to the date of
241241 2 application that may endanger the life or safety of any of
242242 3 the driver's passengers within the duration of the permit
243243 4 period;
244244 5 10. not have been under an order of court supervision
245245 6 for or convicted of reckless driving, aggravated reckless
246246 7 driving, driving while under the influence of alcohol,
247247 8 other drug or drugs, intoxicating compound or compounds or
248248 9 any combination thereof, or reckless homicide resulting
249249 10 from the operation of a motor vehicle within 3 years of the
250250 11 date of application;
251251 12 11. not have been convicted of committing or
252252 13 attempting to commit any one or more of the following
253253 14 offenses: (i) those offenses defined in Sections 8-1,
254254 15 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
255255 16 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
256256 17 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
257257 18 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
258258 19 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
259259 20 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
260260 21 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
261261 22 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
262262 23 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
263263 24 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
264264 25 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
265265 26 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
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276276 1 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
277277 2 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
278278 3 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
279279 4 24-1.7 before the effective date of this amendatory Act of
280280 5 the 103rd General Assembly, 24-2.1, 24-3.3, 24-3.5,
281281 6 24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection
282282 7 (A), clauses (a) and (b), of Section 24-3, and those
283283 8 offenses contained in Article 29D of the Criminal Code of
284284 9 1961 or the Criminal Code of 2012; (ii) those offenses
285285 10 defined in the Cannabis Control Act except those offenses
286286 11 defined in subsections (a) and (b) of Section 4, and
287287 12 subsection (a) of Section 5 of the Cannabis Control Act;
288288 13 (iii) those offenses defined in the Illinois Controlled
289289 14 Substances Act; (iv) those offenses defined in the
290290 15 Methamphetamine Control and Community Protection Act; and
291291 16 (v) any offense committed or attempted in any other state
292292 17 or against the laws of the United States, which if
293293 18 committed or attempted in this State would be punishable
294294 19 as one or more of the foregoing offenses; (vi) the
295295 20 offenses defined in Section 4.1 and 5.1 of the Wrongs to
296296 21 Children Act or Section 11-9.1A of the Criminal Code of
297297 22 1961 or the Criminal Code of 2012; (vii) those offenses
298298 23 defined in Section 6-16 of the Liquor Control Act of 1934;
299299 24 and (viii) those offenses defined in the Methamphetamine
300300 25 Precursor Control Act;
301301 26 12. not have been repeatedly involved as a driver in
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312312 1 motor vehicle collisions or been repeatedly convicted of
313313 2 offenses against laws and ordinances regulating the
314314 3 movement of traffic, to a degree which indicates lack of
315315 4 ability to exercise ordinary and reasonable care in the
316316 5 safe operation of a motor vehicle or disrespect for the
317317 6 traffic laws and the safety of other persons upon the
318318 7 highway;
319319 8 13. not have, through the unlawful operation of a
320320 9 motor vehicle, caused an accident resulting in the death
321321 10 of any person;
322322 11 14. not have, within the last 5 years, been adjudged
323323 12 to be afflicted with or suffering from any mental
324324 13 disability or disease;
325325 14 15. consent, in writing, to the release of results of
326326 15 reasonable suspicion drug and alcohol testing under
327327 16 Section 6-106.1c of this Code by the employer of the
328328 17 applicant to the Secretary of State; and
329329 18 16. not have been convicted of committing or
330330 19 attempting to commit within the last 20 years: (i) an
331331 20 offense defined in subsection (c) of Section 4, subsection
332332 21 (b) of Section 5, and subsection (a) of Section 8 of the
333333 22 Cannabis Control Act; or (ii) any offenses in any other
334334 23 state or against the laws of the United States that, if
335335 24 committed or attempted in this State, would be punishable
336336 25 as one or more of the foregoing offenses.
337337 26 (b) A school bus driver permit shall be valid for a period
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348348 1 specified by the Secretary of State as set forth by rule. It
349349 2 shall be renewable upon compliance with subsection (a) of this
350350 3 Section.
351351 4 (c) A school bus driver permit shall contain the holder's
352352 5 driver's license number, legal name, residence address, zip
353353 6 code, and date of birth, a brief description of the holder and
354354 7 a space for signature. The Secretary of State may require a
355355 8 suitable photograph of the holder.
356356 9 (d) The employer shall be responsible for conducting a
357357 10 pre-employment interview with prospective school bus driver
358358 11 candidates, distributing school bus driver applications and
359359 12 medical forms to be completed by the applicant, and submitting
360360 13 the applicant's fingerprint cards to the Illinois State Police
361361 14 that are required for the criminal background investigations.
362362 15 The employer shall certify in writing to the Secretary of
363363 16 State that all pre-employment conditions have been
364364 17 successfully completed including the successful completion of
365365 18 an Illinois specific criminal background investigation through
366366 19 the Illinois State Police and the submission of necessary
367367 20 fingerprints to the Federal Bureau of Investigation for
368368 21 criminal history information available through the Federal
369369 22 Bureau of Investigation system. The applicant shall present
370370 23 the certification to the Secretary of State at the time of
371371 24 submitting the school bus driver permit application.
372372 25 (e) Permits shall initially be provisional upon receiving
373373 26 certification from the employer that all pre-employment
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384384 1 conditions have been successfully completed, and upon
385385 2 successful completion of all training and examination
386386 3 requirements for the classification of the vehicle to be
387387 4 operated, the Secretary of State shall provisionally issue a
388388 5 School Bus Driver Permit. The permit shall remain in a
389389 6 provisional status pending the completion of the Federal
390390 7 Bureau of Investigation's criminal background investigation
391391 8 based upon fingerprinting specimens submitted to the Federal
392392 9 Bureau of Investigation by the Illinois State Police. The
393393 10 Federal Bureau of Investigation shall report the findings
394394 11 directly to the Secretary of State. The Secretary of State
395395 12 shall remove the bus driver permit from provisional status
396396 13 upon the applicant's successful completion of the Federal
397397 14 Bureau of Investigation's criminal background investigation.
398398 15 (f) A school bus driver permit holder shall notify the
399399 16 employer and the Secretary of State if he or she is issued an
400400 17 order of court supervision for or convicted in another state
401401 18 of an offense that would make him or her ineligible for a
402402 19 permit under subsection (a) of this Section. The written
403403 20 notification shall be made within 5 days of the entry of the
404404 21 order of court supervision or conviction. Failure of the
405405 22 permit holder to provide the notification is punishable as a
406406 23 petty offense for a first violation and a Class B misdemeanor
407407 24 for a second or subsequent violation.
408408 25 (g) Cancellation; suspension; notice and procedure.
409409 26 (1) The Secretary of State shall cancel a school bus
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420420 1 driver permit of an applicant whose criminal background
421421 2 investigation discloses that he or she is not in
422422 3 compliance with the provisions of subsection (a) of this
423423 4 Section.
424424 5 (2) The Secretary of State shall cancel a school bus
425425 6 driver permit when he or she receives notice that the
426426 7 permit holder fails to comply with any provision of this
427427 8 Section or any rule promulgated for the administration of
428428 9 this Section.
429429 10 (3) The Secretary of State shall cancel a school bus
430430 11 driver permit if the permit holder's restricted commercial
431431 12 or commercial driving privileges are withdrawn or
432432 13 otherwise invalidated.
433433 14 (4) The Secretary of State may not issue a school bus
434434 15 driver permit for a period of 3 years to an applicant who
435435 16 fails to obtain a negative result on a drug test as
436436 17 required in item 6 of subsection (a) of this Section or
437437 18 under federal law.
438438 19 (5) The Secretary of State shall forthwith suspend a
439439 20 school bus driver permit for a period of 3 years upon
440440 21 receiving notice that the holder has failed to obtain a
441441 22 negative result on a drug test as required in item 6 of
442442 23 subsection (a) of this Section or under federal law.
443443 24 (6) The Secretary of State shall suspend a school bus
444444 25 driver permit for a period of 3 years upon receiving
445445 26 notice from the employer that the holder failed to perform
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456456 1 the inspection procedure set forth in subsection (a) or
457457 2 (b) of Section 12-816 of this Code.
458458 3 (7) The Secretary of State shall suspend a school bus
459459 4 driver permit for a period of 3 years upon receiving
460460 5 notice from the employer that the holder refused to submit
461461 6 to an alcohol or drug test as required by Section 6-106.1c
462462 7 or has submitted to a test required by that Section which
463463 8 disclosed an alcohol concentration of more than 0.00 or
464464 9 disclosed a positive result on a National Institute on
465465 10 Drug Abuse five-drug panel, utilizing federal standards
466466 11 set forth in 49 CFR 40.87.
467467 12 The Secretary of State shall notify the State
468468 13 Superintendent of Education and the permit holder's
469469 14 prospective or current employer that the applicant has (1) has
470470 15 failed a criminal background investigation or (2) is no longer
471471 16 eligible for a school bus driver permit; and of the related
472472 17 cancellation of the applicant's provisional school bus driver
473473 18 permit. The cancellation shall remain in effect pending the
474474 19 outcome of a hearing pursuant to Section 2-118 of this Code.
475475 20 The scope of the hearing shall be limited to the issuance
476476 21 criteria contained in subsection (a) of this Section. A
477477 22 petition requesting a hearing shall be submitted to the
478478 23 Secretary of State and shall contain the reason the individual
479479 24 feels he or she is entitled to a school bus driver permit. The
480480 25 permit holder's employer shall notify in writing to the
481481 26 Secretary of State that the employer has certified the removal
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492492 1 of the offending school bus driver from service prior to the
493493 2 start of that school bus driver's next workshift. An employing
494494 3 school board that fails to remove the offending school bus
495495 4 driver from service is subject to the penalties defined in
496496 5 Section 3-14.23 of the School Code. A school bus contractor
497497 6 who violates a provision of this Section is subject to the
498498 7 penalties defined in Section 6-106.11.
499499 8 All valid school bus driver permits issued under this
500500 9 Section prior to January 1, 1995, shall remain effective until
501501 10 their expiration date unless otherwise invalidated.
502502 11 (h) When a school bus driver permit holder who is a service
503503 12 member is called to active duty, the employer of the permit
504504 13 holder shall notify the Secretary of State, within 30 days of
505505 14 notification from the permit holder, that the permit holder
506506 15 has been called to active duty. Upon notification pursuant to
507507 16 this subsection, (i) the Secretary of State shall characterize
508508 17 the permit as inactive until a permit holder renews the permit
509509 18 as provided in subsection (i) of this Section, and (ii) if a
510510 19 permit holder fails to comply with the requirements of this
511511 20 Section while called to active duty, the Secretary of State
512512 21 shall not characterize the permit as invalid.
513513 22 (i) A school bus driver permit holder who is a service
514514 23 member returning from active duty must, within 90 days, renew
515515 24 a permit characterized as inactive pursuant to subsection (h)
516516 25 of this Section by complying with the renewal requirements of
517517 26 subsection (b) of this Section.
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528528 1 (j) For purposes of subsections (h) and (i) of this
529529 2 Section:
530530 3 "Active duty" means active duty pursuant to an executive
531531 4 order of the President of the United States, an act of the
532532 5 Congress of the United States, or an order of the Governor.
533533 6 "Service member" means a member of the Armed Services or
534534 7 reserve forces of the United States or a member of the Illinois
535535 8 National Guard.
536536 9 (k) A private carrier employer of a school bus driver
537537 10 permit holder, having satisfied the employer requirements of
538538 11 this Section, shall be held to a standard of ordinary care for
539539 12 intentional acts committed in the course of employment by the
540540 13 bus driver permit holder. This subsection (k) shall in no way
541541 14 limit the liability of the private carrier employer for
542542 15 violation of any provision of this Section or for the
543543 16 negligent hiring or retention of a school bus driver permit
544544 17 holder.
545545 18 (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
546546 19 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
547547 20 10-13-21.)
548548 21 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
549549 22 Sec. 6-508. Commercial Driver's License (CDL);
550550 23 qualification standards.
551551 24 (a) Testing.
552552 25 (1) General. No person shall be issued an original or
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563563 1 renewal CDL unless that person is domiciled in this State
564564 2 or is applying for a non-domiciled CDL under Sections
565565 3 6-509 and 6-510 of this Code. The Secretary shall cause to
566566 4 be administered such tests as the Secretary deems
567567 5 necessary to meet the requirements of 49 CFR Part 383,
568568 6 subparts F, G, H, and J.
569569 7 (1.5) Effective July 1, 2014, no person shall be
570570 8 issued an original CDL or an upgraded CDL that requires a
571571 9 skills test unless that person has held a CLP, for a
572572 10 minimum of 14 calendar days, for the classification of
573573 11 vehicle and endorsement, if any, for which the person is
574574 12 seeking a CDL.
575575 13 (2) Third party testing. The Secretary of State may
576576 14 authorize a "third party tester", pursuant to 49 CFR
577577 15 383.75 and 49 CFR 384.228 and 384.229, to administer the
578578 16 skills test or tests specified by the Federal Motor
579579 17 Carrier Safety Administration pursuant to the Commercial
580580 18 Motor Vehicle Safety Act of 1986 and any appropriate
581581 19 federal rule.
582582 20 (3)(i) Effective February 7, 2020, unless the person
583583 21 is exempted by 49 CFR 380.603, no person shall be issued an
584584 22 original (first time issuance) CDL, an upgraded CDL or a
585585 23 school bus (S), passenger (P), or hazardous Materials (H)
586586 24 endorsement unless the person has successfully completed
587587 25 entry-level driver training (ELDT) taught by a training
588588 26 provider listed on the federal Training Provider Registry.
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599599 1 (ii) Persons who obtain a CLP before February 7, 2020
600600 2 are not required to complete ELDT if the person obtains a
601601 3 CDL before the CLP or renewed CLP expires.
602602 4 (iii) Except for persons seeking the H endorsement,
603603 5 persons must complete the theory and behind-the-wheel
604604 6 (range and public road) portions of ELDT within one year
605605 7 of completing the first portion.
606606 8 (iv) The Secretary shall adopt rules to implement this
607607 9 subsection.
608608 10 (b) Waiver of Skills Test. The Secretary of State may
609609 11 waive the skills test specified in this Section for a driver
610610 12 applicant for a commercial driver license who meets the
611611 13 requirements of 49 CFR 383.77. The Secretary of State shall
612612 14 waive the skills tests specified in this Section for a driver
613613 15 applicant who has military commercial motor vehicle
614614 16 experience, subject to the requirements of 49 CFR 383.77.
615615 17 (b-1) No person shall be issued a CDL unless the person
616616 18 certifies to the Secretary one of the following types of
617617 19 driving operations in which he or she will be engaged:
618618 20 (1) non-excepted interstate;
619619 21 (2) non-excepted intrastate;
620620 22 (3) excepted interstate; or
621621 23 (4) excepted intrastate.
622622 24 (b-2) (Blank).
623623 25 (c) Limitations on issuance of a CDL. A CDL shall not be
624624 26 issued to a person while the person is subject to a
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635635 1 disqualification from driving a commercial motor vehicle, or
636636 2 unless otherwise permitted by this Code, while the person's
637637 3 driver's license is suspended, revoked, or cancelled in any
638638 4 state, or any territory or province of Canada; nor may a CLP or
639639 5 CDL be issued to a person who has a CLP or CDL issued by any
640640 6 other state, or foreign jurisdiction, nor may a CDL be issued
641641 7 to a person who has an Illinois CLP unless the person first
642642 8 surrenders all of these licenses or permits. However, a person
643643 9 may hold an Illinois CLP and an Illinois CDL providing the CLP
644644 10 is necessary to train or practice for an endorsement or
645645 11 vehicle classification not present on the current CDL. No CDL
646646 12 shall be issued to or renewed for a person who does not meet
647647 13 the requirement of 49 CFR 391.41(b)(11). The requirement may
648648 14 be met with the aid of a hearing aid.
649649 15 (c-1) The Secretary may issue a CDL with a school bus
650650 16 driver endorsement to allow a person to drive the type of bus
651651 17 described in subsection (d-5) of Section 6-104 of this Code.
652652 18 The CDL with a school bus driver endorsement may be issued only
653653 19 to a person meeting the following requirements:
654654 20 (1) the person has submitted his or her fingerprints
655655 21 to the Illinois State Police in the form and manner
656656 22 prescribed by the Illinois State Police. These
657657 23 fingerprints shall be checked against the fingerprint
658658 24 records now and hereafter filed in the Illinois State
659659 25 Police and Federal Bureau of Investigation criminal
660660 26 history records databases;
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671671 1 (2) the person has passed a written test, administered
672672 2 by the Secretary of State, on charter bus operation,
673673 3 charter bus safety, and certain special traffic laws
674674 4 relating to school buses determined by the Secretary of
675675 5 State to be relevant to charter buses, and submitted to a
676676 6 review of the driver applicant's driving habits by the
677677 7 Secretary of State at the time the written test is given;
678678 8 (3) the person has demonstrated physical fitness to
679679 9 operate school buses by submitting the results of a
680680 10 medical examination, including tests for drug use; and
681681 11 (4) the person has not been convicted of committing or
682682 12 attempting to commit any one or more of the following
683683 13 offenses: (i) those offenses defined in Sections 8-1.2,
684684 14 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
685685 15 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
686686 16 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
687687 17 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
688688 18 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
689689 19 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
690690 20 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
691691 21 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
692692 22 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
693693 23 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
694694 24 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
695695 25 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
696696 26 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
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707707 1 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
708708 2 24-1.2-5, 24-1.6, 24-1.7 before the effective date of this
709709 3 amendatory Act of the 103rd General Assembly, 24-2.1,
710710 4 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
711711 5 33D-1, and in subsection (b) of Section 8-1, and in
712712 6 subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
713713 7 (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in
714714 8 subsection (a) and subsection (b), clause (1), of Section
715715 9 12-4, and in subsection (A), clauses (a) and (b), of
716716 10 Section 24-3, and those offenses contained in Article 29D
717717 11 of the Criminal Code of 1961 or the Criminal Code of 2012;
718718 12 (ii) those offenses defined in the Cannabis Control Act
719719 13 except those offenses defined in subsections (a) and (b)
720720 14 of Section 4, and subsection (a) of Section 5 of the
721721 15 Cannabis Control Act; (iii) those offenses defined in the
722722 16 Illinois Controlled Substances Act; (iv) those offenses
723723 17 defined in the Methamphetamine Control and Community
724724 18 Protection Act; (v) any offense committed or attempted in
725725 19 any other state or against the laws of the United States,
726726 20 which if committed or attempted in this State would be
727727 21 punishable as one or more of the foregoing offenses; (vi)
728728 22 the offenses defined in Sections 4.1 and 5.1 of the Wrongs
729729 23 to Children Act or Section 11-9.1A of the Criminal Code of
730730 24 1961 or the Criminal Code of 2012; (vii) those offenses
731731 25 defined in Section 6-16 of the Liquor Control Act of 1934;
732732 26 and (viii) those offenses defined in the Methamphetamine
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743743 1 Precursor Control Act.
744744 2 The Illinois State Police shall charge a fee for
745745 3 conducting the criminal history records check, which shall be
746746 4 deposited into the State Police Services Fund and may not
747747 5 exceed the actual cost of the records check.
748748 6 (c-2) The Secretary shall issue a CDL with a school bus
749749 7 endorsement to allow a person to drive a school bus as defined
750750 8 in this Section. The CDL shall be issued according to the
751751 9 requirements outlined in 49 CFR 383. A person may not operate a
752752 10 school bus as defined in this Section without a school bus
753753 11 endorsement. The Secretary of State may adopt rules consistent
754754 12 with Federal guidelines to implement this subsection (c-2).
755755 13 (d) (Blank).
756756 14 (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
757757 15 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
758758 16 5-13-22.)
759759 17 Section 15. The Criminal Code of 2012 is amended by
760760 18 changing Section 33A-3 as follows:
761761 19 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
762762 20 Sec. 33A-3. Sentence.
763763 21 (a) Violation of Section 33A-2(a) with a Category I weapon
764764 22 is a Class X felony for which the defendant shall be sentenced
765765 23 to a minimum term of imprisonment of 15 years.
766766 24 (a-5) Violation of Section 33A-2(a) with a Category II
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777777 1 weapon is a Class X felony for which the defendant shall be
778778 2 sentenced to a minimum term of imprisonment of 10 years.
779779 3 (b) Violation of Section 33A-2(a) with a Category III
780780 4 weapon is a Class 2 felony or the felony classification
781781 5 provided for the same act while unarmed, whichever permits the
782782 6 greater penalty. A second or subsequent violation of Section
783783 7 33A-2(a) with a Category III weapon is a Class 1 felony or the
784784 8 felony classification provided for the same act while unarmed,
785785 9 whichever permits the greater penalty.
786786 10 (b-5) Violation of Section 33A-2(b) with a firearm that is
787787 11 a Category I or Category II weapon is a Class X felony for
788788 12 which the defendant shall be sentenced to a minimum term of
789789 13 imprisonment of 20 years.
790790 14 (b-10) Violation of Section 33A-2(c) with a firearm that
791791 15 is a Category I or Category II weapon is a Class X felony for
792792 16 which the defendant shall be sentenced to a term of
793793 17 imprisonment of not less than 25 years nor more than 40 years.
794794 18 (c) Unless sentencing under subsection (a) of Section
795795 19 5-4.5-95 of the Unified Code of Corrections before the
796796 20 effective date of this amendatory Act of the 103rd General
797797 21 Assembly (730 ILCS 5/5-4.5-95) is applicable, any person who
798798 22 violates subsection (a) or (b) of Section 33A-2 with a
799799 23 firearm, when that person has been convicted in any state or
800800 24 federal court of 3 or more of the following offenses: treason,
801801 25 first degree murder, second degree murder, predatory criminal
802802 26 sexual assault of a child, aggravated criminal sexual assault,
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813813 1 criminal sexual assault, robbery, burglary, arson, kidnaping,
814814 2 aggravated battery resulting in great bodily harm or permanent
815815 3 disability or disfigurement, a violation of the
816816 4 Methamphetamine Control and Community Protection Act, or a
817817 5 violation of Section 401(a) of the Illinois Controlled
818818 6 Substances Act, when the third offense was committed after
819819 7 conviction on the second, the second offense was committed
820820 8 after conviction on the first, and the violation of Section
821821 9 33A-2 was committed after conviction on the third, shall be
822822 10 sentenced to a term of imprisonment of not less than 25 years
823823 11 nor more than 50 years.
824824 12 (c-5) Except as otherwise provided in paragraph (b-10) or
825825 13 (c) of this Section, a person who violates Section 33A-2(a)
826826 14 with a firearm that is a Category I weapon or Section 33A-2(b)
827827 15 in any school, in any conveyance owned, leased, or contracted
828828 16 by a school to transport students to or from school or a school
829829 17 related activity, or on the real property comprising any
830830 18 school or public park, and where the offense was related to the
831831 19 activities of an organized gang, shall be sentenced to a term
832832 20 of imprisonment of not less than the term set forth in
833833 21 subsection (a) or (b-5) of this Section, whichever is
834834 22 applicable, and not more than 30 years. For the purposes of
835835 23 this subsection (c-5), "organized gang" has the meaning
836836 24 ascribed to it in Section 10 of the Illinois Streetgang
837837 25 Terrorism Omnibus Prevention Act.
838838 26 (d) For armed violence based upon a predicate offense
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849849 1 listed in this subsection (d) the court shall enter the
850850 2 sentence for armed violence to run consecutively to the
851851 3 sentence imposed for the predicate offense. The offenses
852852 4 covered by this provision are:
853853 5 (i) solicitation of murder,
854854 6 (ii) solicitation of murder for hire,
855855 7 (iii) heinous battery as described in Section 12-4.1
856856 8 or subdivision (a)(2) of Section 12-3.05,
857857 9 (iv) aggravated battery of a senior citizen as
858858 10 described in Section 12-4.6 or subdivision (a)(4) of
859859 11 Section 12-3.05,
860860 12 (v) (blank),
861861 13 (vi) a violation of subsection (g) of Section 5 of the
862862 14 Cannabis Control Act,
863863 15 (vii) cannabis trafficking,
864864 16 (viii) a violation of subsection (a) of Section 401 of
865865 17 the Illinois Controlled Substances Act,
866866 18 (ix) controlled substance trafficking involving a
867867 19 Class X felony amount of controlled substance under
868868 20 Section 401 of the Illinois Controlled Substances Act,
869869 21 (x) calculated criminal drug conspiracy,
870870 22 (xi) streetgang criminal drug conspiracy, or
871871 23 (xii) a violation of the Methamphetamine Control and
872872 24 Community Protection Act.
873873 25 (Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09;
874874 26 96-1551, eff. 7-1-11.)
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885885 1 (720 ILCS 5/24-1.7 rep.)
886886 2 Section 20. The Criminal Code of 2012 is amended by
887887 3 repealing Section 24-1.7.
888888 4 Section 25. The Code of Criminal Procedure of 1963 is
889889 5 amended by changing Sections 110-6.1 and 111-3 as follows:
890890 6 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
891891 7 (Text of Section before amendment by P.A. 101-652)
892892 8 Sec. 110-6.1. Denial of bail in non-probationable felony
893893 9 offenses.
894894 10 (a) Upon verified petition by the State, the court shall
895895 11 hold a hearing to determine whether bail should be denied to a
896896 12 defendant who is charged with a felony offense for which a
897897 13 sentence of imprisonment, without probation, periodic
898898 14 imprisonment or conditional discharge, is required by law upon
899899 15 conviction, when it is alleged that the defendant's admission
900900 16 to bail poses a real and present threat to the physical safety
901901 17 of any person or persons.
902902 18 (1) A petition may be filed without prior notice to
903903 19 the defendant at the first appearance before a judge, or
904904 20 within the 21 calendar days, except as provided in Section
905905 21 110-6, after arrest and release of the defendant upon
906906 22 reasonable notice to defendant; provided that while such
907907 23 petition is pending before the court, the defendant if
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918918 1 previously released shall not be detained.
919919 2 (2) The hearing shall be held immediately upon the
920920 3 defendant's appearance before the court, unless for good
921921 4 cause shown the defendant or the State seeks a
922922 5 continuance. A continuance on motion of the defendant may
923923 6 not exceed 5 calendar days, and a continuance on the
924924 7 motion of the State may not exceed 3 calendar days. The
925925 8 defendant may be held in custody during such continuance.
926926 9 (b) The court may deny bail to the defendant where, after
927927 10 the hearing, it is determined that:
928928 11 (1) the proof is evident or the presumption great that
929929 12 the defendant has committed an offense for which a
930930 13 sentence of imprisonment, without probation, periodic
931931 14 imprisonment or conditional discharge, must be imposed by
932932 15 law as a consequence of conviction, and
933933 16 (2) the defendant poses a real and present threat to
934934 17 the physical safety of any person or persons, by conduct
935935 18 which may include, but is not limited to, a forcible
936936 19 felony, the obstruction of justice, intimidation, injury,
937937 20 physical harm, an offense under the Illinois Controlled
938938 21 Substances Act which is a Class X felony, or an offense
939939 22 under the Methamphetamine Control and Community Protection
940940 23 Act which is a Class X felony, and
941941 24 (3) the court finds that no condition or combination
942942 25 of conditions set forth in subsection (b) of Section
943943 26 110-10 of this Article, can reasonably assure the physical
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954954 1 safety of any other person or persons.
955955 2 (c) Conduct of the hearings.
956956 3 (1) The hearing on the defendant's culpability and
957957 4 dangerousness shall be conducted in accordance with the
958958 5 following provisions:
959959 6 (A) Information used by the court in its findings
960960 7 or stated in or offered at such hearing may be by way
961961 8 of proffer based upon reliable information offered by
962962 9 the State or by defendant. Defendant has the right to
963963 10 be represented by counsel, and if he is indigent, to
964964 11 have counsel appointed for him. Defendant shall have
965965 12 the opportunity to testify, to present witnesses in
966966 13 his own behalf, and to cross-examine witnesses if any
967967 14 are called by the State. The defendant has the right to
968968 15 present witnesses in his favor. When the ends of
969969 16 justice so require, the court may exercises its
970970 17 discretion and compel the appearance of a complaining
971971 18 witness. The court shall state on the record reasons
972972 19 for granting a defense request to compel the presence
973973 20 of a complaining witness. Cross-examination of a
974974 21 complaining witness at the pretrial detention hearing
975975 22 for the purpose of impeaching the witness' credibility
976976 23 is insufficient reason to compel the presence of the
977977 24 witness. In deciding whether to compel the appearance
978978 25 of a complaining witness, the court shall be
979979 26 considerate of the emotional and physical well-being
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990990 1 of the witness. The pre-trial detention hearing is not
991991 2 to be used for purposes of discovery, and the post
992992 3 arraignment rules of discovery do not apply. The State
993993 4 shall tender to the defendant, prior to the hearing,
994994 5 copies of defendant's criminal history, if any, if
995995 6 available, and any written or recorded statements and
996996 7 the substance of any oral statements made by any
997997 8 person, if relied upon by the State in its petition.
998998 9 The rules concerning the admissibility of evidence in
999999 10 criminal trials do not apply to the presentation and
10001000 11 consideration of information at the hearing. At the
10011001 12 trial concerning the offense for which the hearing was
10021002 13 conducted neither the finding of the court nor any
10031003 14 transcript or other record of the hearing shall be
10041004 15 admissible in the State's case in chief, but shall be
10051005 16 admissible for impeachment, or as provided in Section
10061006 17 115-10.1 of this Code, or in a perjury proceeding.
10071007 18 (B) A motion by the defendant to suppress evidence
10081008 19 or to suppress a confession shall not be entertained.
10091009 20 Evidence that proof may have been obtained as the
10101010 21 result of an unlawful search and seizure or through
10111011 22 improper interrogation is not relevant to this state
10121012 23 of the prosecution.
10131013 24 (2) The facts relied upon by the court to support a
10141014 25 finding that the defendant poses a real and present threat
10151015 26 to the physical safety of any person or persons shall be
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10261026 1 supported by clear and convincing evidence presented by
10271027 2 the State.
10281028 3 (d) Factors to be considered in making a determination of
10291029 4 dangerousness. The court may, in determining whether the
10301030 5 defendant poses a real and present threat to the physical
10311031 6 safety of any person or persons, consider but shall not be
10321032 7 limited to evidence or testimony concerning:
10331033 8 (1) The nature and circumstances of any offense
10341034 9 charged, including whether the offense is a crime of
10351035 10 violence, involving a weapon.
10361036 11 (2) The history and characteristics of the defendant
10371037 12 including:
10381038 13 (A) Any evidence of the defendant's prior criminal
10391039 14 history indicative of violent, abusive or assaultive
10401040 15 behavior, or lack of such behavior. Such evidence may
10411041 16 include testimony or documents received in juvenile
10421042 17 proceedings, criminal, quasi-criminal, civil
10431043 18 commitment, domestic relations or other proceedings.
10441044 19 (B) Any evidence of the defendant's psychological,
10451045 20 psychiatric or other similar social history which
10461046 21 tends to indicate a violent, abusive, or assaultive
10471047 22 nature, or lack of any such history.
10481048 23 (3) The identity of any person or persons to whose
10491049 24 safety the defendant is believed to pose a threat, and the
10501050 25 nature of the threat;
10511051 26 (4) Any statements made by, or attributed to the
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10621062 1 defendant, together with the circumstances surrounding
10631063 2 them;
10641064 3 (5) The age and physical condition of any person
10651065 4 assaulted by the defendant;
10661066 5 (6) Whether the defendant is known to possess or have
10671067 6 access to any weapon or weapons;
10681068 7 (7) Whether, at the time of the current offense or any
10691069 8 other offense or arrest, the defendant was on probation,
10701070 9 parole, aftercare release, mandatory supervised release or
10711071 10 other release from custody pending trial, sentencing,
10721072 11 appeal or completion of sentence for an offense under
10731073 12 federal or state law;
10741074 13 (8) Any other factors, including those listed in
10751075 14 Section 110-5 of this Article deemed by the court to have a
10761076 15 reasonable bearing upon the defendant's propensity or
10771077 16 reputation for violent, abusive or assaultive behavior, or
10781078 17 lack of such behavior.
10791079 18 (e) Detention order. The court shall, in any order for
10801080 19 detention:
10811081 20 (1) briefly summarize the evidence of the defendant's
10821082 21 culpability and its reasons for concluding that the
10831083 22 defendant should be held without bail;
10841084 23 (2) direct that the defendant be committed to the
10851085 24 custody of the sheriff for confinement in the county jail
10861086 25 pending trial;
10871087 26 (3) direct that the defendant be given a reasonable
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10981098 1 opportunity for private consultation with counsel, and for
10991099 2 communication with others of his choice by visitation,
11001100 3 mail and telephone; and
11011101 4 (4) direct that the sheriff deliver the defendant as
11021102 5 required for appearances in connection with court
11031103 6 proceedings.
11041104 7 (f) If the court enters an order for the detention of the
11051105 8 defendant pursuant to subsection (e) of this Section, the
11061106 9 defendant shall be brought to trial on the offense for which he
11071107 10 is detained within 90 days after the date on which the order
11081108 11 for detention was entered. If the defendant is not brought to
11091109 12 trial within the 90 day period required by the preceding
11101110 13 sentence, he shall not be held longer without bail. In
11111111 14 computing the 90 day period, the court shall omit any period of
11121112 15 delay resulting from a continuance granted at the request of
11131113 16 the defendant.
11141114 17 (g) Rights of the defendant. Any person shall be entitled
11151115 18 to appeal any order entered under this Section denying bail to
11161116 19 the defendant.
11171117 20 (h) The State may appeal any order entered under this
11181118 21 Section denying any motion for denial of bail.
11191119 22 (i) Nothing in this Section shall be construed as
11201120 23 modifying or limiting in any way the defendant's presumption
11211121 24 of innocence in further criminal proceedings.
11221122 25 (Source: P.A. 98-558, eff. 1-1-14.)
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11331133 1 (Text of Section after amendment by P.A. 101-652)
11341134 2 Sec. 110-6.1. Denial of pretrial release.
11351135 3 (a) Upon verified petition by the State, the court shall
11361136 4 hold a hearing and may deny a defendant pretrial release only
11371137 5 if:
11381138 6 (1) the defendant is charged with a forcible felony
11391139 7 offense for which a sentence of imprisonment, without
11401140 8 probation, periodic imprisonment or conditional discharge,
11411141 9 is required by law upon conviction, and it is alleged that
11421142 10 the defendant's pretrial release poses a specific, real
11431143 11 and present threat to any person or the community.;
11441144 12 (2) the defendant is charged with stalking or
11451145 13 aggravated stalking and it is alleged that the defendant's
11461146 14 pretrial pre-trial release poses a real and present threat
11471147 15 to the physical safety of a victim of the alleged offense,
11481148 16 and denial of release is necessary to prevent fulfillment
11491149 17 of the threat upon which the charge is based;
11501150 18 (3) the victim of abuse was a family or household
11511151 19 member as defined by paragraph (6) of Section 103 of the
11521152 20 Illinois Domestic Violence Act of 1986, and the person
11531153 21 charged, at the time of the alleged offense, was subject
11541154 22 to the terms of an order of protection issued under
11551155 23 Section 112A-14 of this Code, or Section 214 of the
11561156 24 Illinois Domestic Violence Act of 1986 or previously was
11571157 25 convicted of a violation of an order of protection under
11581158 26 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
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11691169 1 Criminal Code of 2012 or a violent crime if the victim was
11701170 2 a family or household member as defined by paragraph (6)
11711171 3 of the Illinois Domestic Violence Act of 1986 at the time
11721172 4 of the offense or a violation of a substantially similar
11731173 5 municipal ordinance or law of this or any other state or
11741174 6 the United States if the victim was a family or household
11751175 7 member as defined by paragraph (6) of Section 103 of the
11761176 8 Illinois Domestic Violence Act of 1986 at the time of the
11771177 9 offense, and it is alleged that the defendant's pretrial
11781178 10 pre-trial release poses a real and present threat to the
11791179 11 physical safety of any person or persons;
11801180 12 (4) the defendant is charged with domestic battery or
11811181 13 aggravated domestic battery under Section 12-3.2 or 12-3.3
11821182 14 of the Criminal Code of 2012 and it is alleged that the
11831183 15 defendant's pretrial release poses a real and present
11841184 16 threat to the physical safety of any person or persons;
11851185 17 (5) the defendant is charged with any offense under
11861186 18 Article 11 of the Criminal Code of 2012, except for
11871187 19 Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
11881188 20 Code of 2012, or similar provisions of the Criminal Code
11891189 21 of 1961 and it is alleged that the defendant's pretrial
11901190 22 release poses a real and present threat to the physical
11911191 23 safety of any person or persons;
11921192 24 (6) the defendant is charged with any of these
11931193 25 violations under the Criminal Code of 2012 and it is
11941194 26 alleged that the defendant's pretrial releases poses a
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12051205 1 real and present threat to the physical safety of any
12061206 2 specifically identifiable person or persons: .
12071207 3 (A) Section 24-1.2 (aggravated discharge of a
12081208 4 firearm);
12091209 5 (B) Section 24-2.5 (aggravated discharge of a
12101210 6 machine gun or a firearm equipped with a device
12111211 7 designed or use for silencing the report of a
12121212 8 firearm);
12131213 9 (C) Section 24-1.5 (reckless discharge of a
12141214 10 firearm);
12151215 11 (D) Section 24-1.7 (armed habitual criminal)
12161216 12 before the effective date of this amendatory Act of
12171217 13 the 103rd General Assembly;
12181218 14 (E) Section 24-2.2 2 (manufacture, sale or
12191219 15 transfer of bullets or shells represented to be armor
12201220 16 piercing bullets, dragon's breath shotgun shells, bolo
12211221 17 shells, or flechette shells);
12221222 18 (F) Section 24-3 (unlawful sale or delivery of
12231223 19 firearms);
12241224 20 (G) Section 24-3.3 (unlawful sale or delivery of
12251225 21 firearms on the premises of any school);
12261226 22 (H) Section 24-34 (unlawful sale of firearms by
12271227 23 liquor license);
12281228 24 (I) Section 24-3.5 ( {unlawful purchase of a
12291229 25 firearm);
12301230 26 (J) Section 24-3A (gunrunning); or
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12411241 1 (K) Section on 24-3B (firearms trafficking);
12421242 2 (L) Section 10-9 (b) (involuntary servitude);
12431243 3 (M) Section 10-9 (c) (involuntary sexual servitude
12441244 4 of a minor);
12451245 5 (N) Section 10-9(d) (trafficking in persons);
12461246 6 (O) Non-probationable violations: (i) (unlawful
12471247 7 use or possession of weapons by felons or persons in
12481248 8 the Custody of the Department of Corrections
12491249 9 facilities (Section 24-1.1), (ii) aggravated unlawful
12501250 10 use of a weapon (Section 24-1.6), or (iii) aggravated
12511251 11 possession of a stolen firearm (Section 24-3.9);
12521252 12 (7) the person has a high likelihood of willful flight
12531253 13 to avoid prosecution and is charged with:
12541254 14 (A) Any felony described in Sections (a)(1)
12551255 15 through (a)(5) of this Section; or
12561256 16 (B) A felony offense other than a Class 4 offense.
12571257 17 (b) If the charged offense is a felony, the Court shall
12581258 18 hold a hearing pursuant to Section 109-3 of this Code to
12591259 19 determine whether there is probable cause the defendant has
12601260 20 committed an offense, unless a grand jury has returned a true
12611261 21 bill of indictment against the defendant. If there is a
12621262 22 finding of no probable cause, the defendant shall be released.
12631263 23 No such finding is necessary if the defendant is charged with a
12641264 24 misdemeanor.
12651265 25 (c) Timing of petition.
12661266 26 (1) A petition may be filed without prior notice to
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12771277 1 the defendant at the first appearance before a judge, or
12781278 2 within the 21 calendar days, except as provided in Section
12791279 3 110-6, after arrest and release of the defendant upon
12801280 4 reasonable notice to defendant; provided that while such
12811281 5 petition is pending before the court, the defendant if
12821282 6 previously released shall not be detained.
12831283 7 (2) (2) Upon filing, the court shall immediately hold
12841284 8 a hearing on the petition unless a continuance is
12851285 9 requested. If a continuance is requested, the hearing
12861286 10 shall be held within 48 hours of the defendant's first
12871287 11 appearance if the defendant is charged with a Class X,
12881288 12 Class 1, Class 2, or Class 3 felony, and within 24 hours if
12891289 13 the defendant is charged with a Class 4 or misdemeanor
12901290 14 offense. The Court may deny and or grant the request for
12911291 15 continuance. If the court decides to grant the
12921292 16 continuance, the Court retains the discretion to detain or
12931293 17 release the defendant in the time between the filing of
12941294 18 the petition and the hearing.
12951295 19 (d) Contents of petition.
12961296 20 (1) The petition shall be verified by the State and
12971297 21 shall state the grounds upon which it contends the
12981298 22 defendant should be denied pretrial release, including the
12991299 23 identity of the specific person or persons the State
13001300 24 believes the defendant poses a danger to.
13011301 25 (2) Only one petition may be filed under this Section.
13021302 26 (e) Eligibility: All defendants shall be presumed eligible
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13131313 1 for pretrial release, and the State shall bear the burden of
13141314 2 proving by clear and convincing evidence that:
13151315 3 (1) the proof is evident or the presumption great that
13161316 4 the defendant has committed an offense listed in
13171317 5 paragraphs (1) through (6) of subsection (a), and
13181318 6 (2) the defendant poses a real and present threat to
13191319 7 the safety of a specific, identifiable person or persons,
13201320 8 by conduct which may include, but is not limited to, a
13211321 9 forcible felony, the obstruction of justice, intimidation,
13221322 10 injury, or abuse as defined by paragraph (1) of Section
13231323 11 103 of the Illinois Domestic Violence Act of 1986, and
13241324 12 (3) no condition or combination of conditions set
13251325 13 forth in subsection (b) of Section 110-10 of this Article
13261326 14 can mitigate the real and present threat to the safety of
13271327 15 any person or persons or the defendant's willful flight.
13281328 16 (f) Conduct of the hearings.
13291329 17 (1) Prior to the hearing the State shall tender to the
13301330 18 defendant copies of defendant's criminal history
13311331 19 available, any written or recorded statements, and the
13321332 20 substance of any oral statements made by any person, if
13331333 21 relied upon by the State in its petition, and any police
13341334 22 reports in the State's Attorney's possession at the time
13351335 23 of the hearing that are required to be disclosed to the
13361336 24 defense under Illinois Supreme Court rules.
13371337 25 (2) The State or defendant may present evidence at the
13381338 26 hearing by way of proffer based upon reliable information.
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13491349 1 (3) The defendant has the right to be represented by
13501350 2 counsel, and if he or she is indigent, to have counsel
13511351 3 appointed for him or her. The defendant shall have the
13521352 4 opportunity to testify, to present witnesses on his or her
13531353 5 own behalf, and to cross-examine any witnesses that are
13541354 6 called by the State.
13551355 7 (4) If the defense seeks to call the complaining
13561356 8 witness as a witness in its favor, it shall petition the
13571357 9 court for permission. When the ends of justice so require,
13581358 10 the court may exercise its discretion and compel the
13591359 11 appearance of a complaining witness. The court shall state
13601360 12 on the record reasons for granting a defense request to
13611361 13 compel the presence of a complaining witness. In making a
13621362 14 determination under this Section section, the court shall
13631363 15 state on the record the reason for granting a defense
13641364 16 request to compel the presence of a complaining witness,
13651365 17 and only grant the request if the court finds by clear and
13661366 18 convincing evidence that the defendant will be materially
13671367 19 prejudiced if the complaining witness does not appear.
13681368 20 Cross-examination of a complaining witness at the pretrial
13691369 21 detention hearing for the purpose of impeaching the
13701370 22 witness' credibility is insufficient reason to compel the
13711371 23 presence of the witness. In deciding whether to compel the
13721372 24 appearance of a complaining witness, the court shall be
13731373 25 considerate of the emotional and physical well-being of
13741374 26 the witness. The pretrial pre-trial detention hearing is
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13851385 1 not to be used for purposes of discovery, and the post
13861386 2 arraignment rules of discovery do not apply.
13871387 3 (5) The rules concerning the admissibility of evidence
13881388 4 in criminal trials do not apply to the presentation and
13891389 5 consideration of information at the hearing. At the trial
13901390 6 concerning the offense for which the hearing was conducted
13911391 7 neither the finding of the court nor any transcript or
13921392 8 other record of the hearing shall be admissible in the
13931393 9 State's case in chief, but shall be admissible for
13941394 10 impeachment, or as provided in Section 115-10.1 of this
13951395 11 Code, or in a perjury proceeding.
13961396 12 (6) The defendant may not move to suppress evidence or
13971397 13 a confession, however, evidence that proof of the charged
13981398 14 crime may have been the result of an unlawful search or
13991399 15 seizure, or both, or through improper interrogation, is
14001400 16 relevant in assessing the weight of the evidence against
14011401 17 the defendant.
14021402 18 (7) Decisions regarding release, conditions of release
14031403 19 and detention prior trial should be individualized, and no
14041404 20 single factor or standard should be used exclusively to
14051405 21 make a condition or detention decision.
14061406 22 (g) Factors to be considered in making a determination of
14071407 23 dangerousness. The court may, in determining whether the
14081408 24 defendant poses a specific, imminent threat of serious
14091409 25 physical harm to an identifiable person or persons, consider,
14101410 26 but shall not be limited to, evidence or testimony concerning:
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14211421 1 (1) The nature and circumstances of any offense
14221422 2 charged, including whether the offense is a crime of
14231423 3 violence, involving a weapon, or a sex offense.
14241424 4 (2) The history and characteristics of the defendant
14251425 5 including:
14261426 6 (A) Any evidence of the defendant's prior criminal
14271427 7 history indicative of violent, abusive or assaultive
14281428 8 behavior, or lack of such behavior. Such evidence may
14291429 9 include testimony or documents received in juvenile
14301430 10 proceedings, criminal, quasi-criminal, civil
14311431 11 commitment, domestic relations, or other proceedings.
14321432 12 (B) Any evidence of the defendant's psychological,
14331433 13 psychiatric or other similar social history which
14341434 14 tends to indicate a violent, abusive, or assaultive
14351435 15 nature, or lack of any such history.
14361436 16 (3) The identity of any person or persons to whose
14371437 17 safety the defendant is believed to pose a threat, and the
14381438 18 nature of the threat. ;
14391439 19 (4) Any statements made by, or attributed to the
14401440 20 defendant, together with the circumstances surrounding
14411441 21 them. ;
14421442 22 (5) The age and physical condition of the defendant. ;
14431443 23 (6) The age and physical condition of any victim or
14441444 24 complaining witness. ;
14451445 25 (7) Whether the defendant is known to possess or have
14461446 26 access to any weapon or weapons. ;
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14571457 1 (8) Whether, at the time of the current offense or any
14581458 2 other offense or arrest, the defendant was on probation,
14591459 3 parole, aftercare release, mandatory supervised release or
14601460 4 other release from custody pending trial, sentencing,
14611461 5 appeal or completion of sentence for an offense under
14621462 6 federal or state law. ;
14631463 7 (9) Any other factors, including those listed in
14641464 8 Section 110-5 of this Article deemed by the court to have a
14651465 9 reasonable bearing upon the defendant's propensity or
14661466 10 reputation for violent, abusive, or assaultive behavior,
14671467 11 or lack of such behavior.
14681468 12 (h) Detention order. The court shall, in any order for
14691469 13 detention:
14701470 14 (1) briefly summarize the evidence of the defendant's
14711471 15 guilt or innocence, and the court's reasons for concluding
14721472 16 that the defendant should be denied pretrial release;
14731473 17 (2) direct that the defendant be committed to the
14741474 18 custody of the sheriff for confinement in the county jail
14751475 19 pending trial;
14761476 20 (3) direct that the defendant be given a reasonable
14771477 21 opportunity for private consultation with counsel, and for
14781478 22 communication with others of his or her choice by
14791479 23 visitation, mail and telephone; and
14801480 24 (4) direct that the sheriff deliver the defendant as
14811481 25 required for appearances in connection with court
14821482 26 proceedings.
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14931493 1 (i) Detention. If the court enters an order for the
14941494 2 detention of the defendant pursuant to subsection (e) of this
14951495 3 Section, the defendant shall be brought to trial on the
14961496 4 offense for which he is detained within 90 days after the date
14971497 5 on which the order for detention was entered. If the defendant
14981498 6 is not brought to trial within the 90-day 90 day period
14991499 7 required by the preceding sentence, he shall not be denied
15001500 8 pretrial release. In computing the 90-day 90 day period, the
15011501 9 court shall omit any period of delay resulting from a
15021502 10 continuance granted at the request of the defendant.
15031503 11 (j) Rights of the defendant. Any person shall be entitled
15041504 12 to appeal any order entered under this Section denying
15051505 13 pretrial release to the defendant.
15061506 14 (k) Appeal. The State may appeal any order entered under
15071507 15 this Section denying any motion for denial of pretrial
15081508 16 release.
15091509 17 (l) Presumption of innocence. Nothing in this Section
15101510 18 shall be construed as modifying or limiting in any way the
15111511 19 defendant's presumption of innocence in further criminal
15121512 20 proceedings.
15131513 21 (m) Victim notice. (1) Crime victims shall be given notice
15141514 22 by the State's Attorney's office of this hearing as required
15151515 23 in paragraph (1) of subsection (b) of Section 4.5 of the Rights
15161516 24 of Crime Victims and Witnesses Act and shall be informed of
15171517 25 their opportunity at this hearing to obtain an order of
15181518 26 protection under Article 112A of this Code.
15191519
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15291529 1 (Source: P.A. 101-652, eff. 1-1-23; revised 2-28-22.)
15301530 2 (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
15311531 3 Sec. 111-3. Form of charge.
15321532 4 (a) A charge shall be in writing and allege the commission
15331533 5 of an offense by:
15341534 6 (1) Stating the name of the offense;
15351535 7 (2) Citing the statutory provision alleged to have
15361536 8 been violated;
15371537 9 (3) Setting forth the nature and elements of the
15381538 10 offense charged;
15391539 11 (4) Stating the date and county of the offense as
15401540 12 definitely as can be done; and
15411541 13 (5) Stating the name of the accused, if known, and if
15421542 14 not known, designate the accused by any name or
15431543 15 description by which he can be identified with reasonable
15441544 16 certainty.
15451545 17 (a-5) If the victim is alleged to have been subjected to an
15461546 18 offense involving an illegal sexual act including, but not
15471547 19 limited to, a sexual offense defined in Article 11 or Section
15481548 20 10-9 of the Criminal Code of 2012, the charge shall state the
15491549 21 identity of the victim by name, initials, or description.
15501550 22 (b) An indictment shall be signed by the foreman of the
15511551 23 Grand Jury and an information shall be signed by the State's
15521552 24 Attorney and sworn to by him or another. A complaint shall be
15531553 25 sworn to and signed by the complainant; provided, that when a
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15641564 1 peace officer observes the commission of a misdemeanor and is
15651565 2 the complaining witness, the signing of the complaint by the
15661566 3 peace officer is sufficient to charge the defendant with the
15671567 4 commission of the offense, and the complaint need not be sworn
15681568 5 to if the officer signing the complaint certifies that the
15691569 6 statements set forth in the complaint are true and correct and
15701570 7 are subject to the penalties provided by law for false
15711571 8 certification under Section 1-109 of the Code of Civil
15721572 9 Procedure and perjury under Section 32-2 of the Criminal Code
15731573 10 of 2012; and further provided, however, that when a citation
15741574 11 is issued on a Uniform Traffic Ticket or Uniform Conservation
15751575 12 Ticket (in a form prescribed by the Conference of Chief
15761576 13 Circuit Judges and filed with the Supreme Court), the copy of
15771577 14 such Uniform Ticket which is filed with the circuit court
15781578 15 constitutes a complaint to which the defendant may plead,
15791579 16 unless he specifically requests that a verified complaint be
15801580 17 filed.
15811581 18 (c) When the State seeks an enhanced sentence because of a
15821582 19 prior conviction, the charge shall also state the intention to
15831583 20 seek an enhanced sentence and shall state such prior
15841584 21 conviction so as to give notice to the defendant. However, the
15851585 22 fact of such prior conviction and the State's intention to
15861586 23 seek an enhanced sentence are not elements of the offense and
15871587 24 may not be disclosed to the jury during trial unless otherwise
15881588 25 permitted by issues properly raised during such trial. For the
15891589 26 purposes of this Section, "enhanced sentence" means a sentence
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16001600 1 which is increased by a prior conviction from one
16011601 2 classification of offense to another higher level
16021602 3 classification of offense set forth in Section 5-4.5-10 of the
16031603 4 Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
16041604 5 include an increase in the sentence applied within the same
16051605 6 level of classification of offense.
16061606 7 (c-5) Notwithstanding any other provision of law, in all
16071607 8 cases in which the imposition of the death penalty is not a
16081608 9 possibility, if an alleged fact (other than the fact of a prior
16091609 10 conviction) is not an element of an offense but is sought to be
16101610 11 used to increase the range of penalties for the offense beyond
16111611 12 the statutory maximum that could otherwise be imposed for the
16121612 13 offense, the alleged fact must be included in the charging
16131613 14 instrument or otherwise provided to the defendant through a
16141614 15 written notification before trial, submitted to a trier of
16151615 16 fact as an aggravating factor, and proved beyond a reasonable
16161616 17 doubt. Failure to prove the fact beyond a reasonable doubt is
16171617 18 not a bar to a conviction for commission of the offense, but is
16181618 19 a bar to increasing, based on that fact, the range of penalties
16191619 20 for the offense beyond the statutory maximum that could
16201620 21 otherwise be imposed for that offense. Nothing in this
16211621 22 subsection (c-5) requires the imposition of a sentence that
16221622 23 increases the range of penalties for the offense beyond the
16231623 24 statutory maximum that could otherwise be imposed for the
16241624 25 offense if the imposition of that sentence is not required by
16251625 26 law.
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16361636 1 (d) At any time prior to trial, the State on motion shall
16371637 2 be permitted to amend the charge, whether brought by
16381638 3 indictment, information or complaint, to make the charge
16391639 4 comply with subsection (c) or (c-5) of this Section. Nothing
16401640 5 in Section 103-5 of this Code precludes such an amendment or a
16411641 6 written notification made in accordance with subsection (c-5)
16421642 7 of this Section.
16431643 8 (e) The provisions of subsection (a) of Section 5-4.5-95
16441644 9 of the Unified Code of Corrections before its repeal on the
16451645 10 effective date of this amendatory Act of the 103rd General
16461646 11 Assembly (730 ILCS 5/5-4.5-95) shall not be affected by this
16471647 12 Section.
16481648 13 (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
16491649 14 Section 30. The Unified Code of Corrections is amended by
16501650 15 changing Sections 3-2-2, 3-3-3, and 3-6-3 as follows:
16511651 16 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
16521652 17 Sec. 3-2-2. Powers and duties of the Department.
16531653 18 (1) In addition to the powers, duties, and
16541654 19 responsibilities which are otherwise provided by law, the
16551655 20 Department shall have the following powers:
16561656 21 (a) To accept persons committed to it by the courts of
16571657 22 this State for care, custody, treatment, and
16581658 23 rehabilitation, and to accept federal prisoners and
16591659 24 noncitizens over whom the Office of the Federal Detention
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16701670 1 Trustee is authorized to exercise the federal detention
16711671 2 function for limited purposes and periods of time.
16721672 3 (b) To develop and maintain reception and evaluation
16731673 4 units for purposes of analyzing the custody and
16741674 5 rehabilitation needs of persons committed to it and to
16751675 6 assign such persons to institutions and programs under its
16761676 7 control or transfer them to other appropriate agencies. In
16771677 8 consultation with the Department of Alcoholism and
16781678 9 Substance Abuse (now the Department of Human Services),
16791679 10 the Department of Corrections shall develop a master plan
16801680 11 for the screening and evaluation of persons committed to
16811681 12 its custody who have alcohol or drug abuse problems, and
16821682 13 for making appropriate treatment available to such
16831683 14 persons; the Department shall report to the General
16841684 15 Assembly on such plan not later than April 1, 1987. The
16851685 16 maintenance and implementation of such plan shall be
16861686 17 contingent upon the availability of funds.
16871687 18 (b-1) To create and implement, on January 1, 2002, a
16881688 19 pilot program to establish the effectiveness of
16891689 20 pupillometer technology (the measurement of the pupil's
16901690 21 reaction to light) as an alternative to a urine test for
16911691 22 purposes of screening and evaluating persons committed to
16921692 23 its custody who have alcohol or drug problems. The pilot
16931693 24 program shall require the pupillometer technology to be
16941694 25 used in at least one Department of Corrections facility.
16951695 26 The Director may expand the pilot program to include an
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17061706 1 additional facility or facilities as he or she deems
17071707 2 appropriate. A minimum of 4,000 tests shall be included in
17081708 3 the pilot program. The Department must report to the
17091709 4 General Assembly on the effectiveness of the program by
17101710 5 January 1, 2003.
17111711 6 (b-5) To develop, in consultation with the Illinois
17121712 7 State Police, a program for tracking and evaluating each
17131713 8 inmate from commitment through release for recording his
17141714 9 or her gang affiliations, activities, or ranks.
17151715 10 (c) To maintain and administer all State correctional
17161716 11 institutions and facilities under its control and to
17171717 12 establish new ones as needed. Pursuant to its power to
17181718 13 establish new institutions and facilities, the Department
17191719 14 may, with the written approval of the Governor, authorize
17201720 15 the Department of Central Management Services to enter
17211721 16 into an agreement of the type described in subsection (d)
17221722 17 of Section 405-300 of the Department of Central Management
17231723 18 Services Law. The Department shall designate those
17241724 19 institutions which shall constitute the State Penitentiary
17251725 20 System. The Department of Juvenile Justice shall maintain
17261726 21 and administer all State youth centers pursuant to
17271727 22 subsection (d) of Section 3-2.5-20.
17281728 23 Pursuant to its power to establish new institutions
17291729 24 and facilities, the Department may authorize the
17301730 25 Department of Central Management Services to accept bids
17311731 26 from counties and municipalities for the construction,
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17421742 1 remodeling, or conversion of a structure to be leased to
17431743 2 the Department of Corrections for the purposes of its
17441744 3 serving as a correctional institution or facility. Such
17451745 4 construction, remodeling, or conversion may be financed
17461746 5 with revenue bonds issued pursuant to the Industrial
17471747 6 Building Revenue Bond Act by the municipality or county.
17481748 7 The lease specified in a bid shall be for a term of not
17491749 8 less than the time needed to retire any revenue bonds used
17501750 9 to finance the project, but not to exceed 40 years. The
17511751 10 lease may grant to the State the option to purchase the
17521752 11 structure outright.
17531753 12 Upon receipt of the bids, the Department may certify
17541754 13 one or more of the bids and shall submit any such bids to
17551755 14 the General Assembly for approval. Upon approval of a bid
17561756 15 by a constitutional majority of both houses of the General
17571757 16 Assembly, pursuant to joint resolution, the Department of
17581758 17 Central Management Services may enter into an agreement
17591759 18 with the county or municipality pursuant to such bid.
17601760 19 (c-5) To build and maintain regional juvenile
17611761 20 detention centers and to charge a per diem to the counties
17621762 21 as established by the Department to defray the costs of
17631763 22 housing each minor in a center. In this subsection (c-5),
17641764 23 "juvenile detention center" means a facility to house
17651765 24 minors during pendency of trial who have been transferred
17661766 25 from proceedings under the Juvenile Court Act of 1987 to
17671767 26 prosecutions under the criminal laws of this State in
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17781778 1 accordance with Section 5-805 of the Juvenile Court Act of
17791779 2 1987, whether the transfer was by operation of law or
17801780 3 permissive under that Section. The Department shall
17811781 4 designate the counties to be served by each regional
17821782 5 juvenile detention center.
17831783 6 (d) To develop and maintain programs of control,
17841784 7 rehabilitation, and employment of committed persons within
17851785 8 its institutions.
17861786 9 (d-5) To provide a pre-release job preparation program
17871787 10 for inmates at Illinois adult correctional centers.
17881788 11 (d-10) To provide educational and visitation
17891789 12 opportunities to committed persons within its institutions
17901790 13 through temporary access to content-controlled tablets
17911791 14 that may be provided as a privilege to committed persons
17921792 15 to induce or reward compliance.
17931793 16 (e) To establish a system of supervision and guidance
17941794 17 of committed persons in the community.
17951795 18 (f) To establish in cooperation with the Department of
17961796 19 Transportation to supply a sufficient number of prisoners
17971797 20 for use by the Department of Transportation to clean up
17981798 21 the trash and garbage along State, county, township, or
17991799 22 municipal highways as designated by the Department of
18001800 23 Transportation. The Department of Corrections, at the
18011801 24 request of the Department of Transportation, shall furnish
18021802 25 such prisoners at least annually for a period to be agreed
18031803 26 upon between the Director of Corrections and the Secretary
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18141814 1 of Transportation. The prisoners used on this program
18151815 2 shall be selected by the Director of Corrections on
18161816 3 whatever basis he deems proper in consideration of their
18171817 4 term, behavior and earned eligibility to participate in
18181818 5 such program - where they will be outside of the prison
18191819 6 facility but still in the custody of the Department of
18201820 7 Corrections. Prisoners convicted of first degree murder,
18211821 8 or a Class X felony, or armed violence, or aggravated
18221822 9 kidnapping, or criminal sexual assault, aggravated
18231823 10 criminal sexual abuse or a subsequent conviction for
18241824 11 criminal sexual abuse, or forcible detention, or arson, or
18251825 12 a prisoner adjudged a Habitual Criminal before the
18261826 13 effective date of this amendatory Act of the 103rd General
18271827 14 Assembly shall not be eligible for selection to
18281828 15 participate in such program. The prisoners shall remain as
18291829 16 prisoners in the custody of the Department of Corrections
18301830 17 and such Department shall furnish whatever security is
18311831 18 necessary. The Department of Transportation shall furnish
18321832 19 trucks and equipment for the highway cleanup program and
18331833 20 personnel to supervise and direct the program. Neither the
18341834 21 Department of Corrections nor the Department of
18351835 22 Transportation shall replace any regular employee with a
18361836 23 prisoner.
18371837 24 (g) To maintain records of persons committed to it and
18381838 25 to establish programs of research, statistics, and
18391839 26 planning.
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18501850 1 (h) To investigate the grievances of any person
18511851 2 committed to the Department and to inquire into any
18521852 3 alleged misconduct by employees or committed persons; and
18531853 4 for these purposes it may issue subpoenas and compel the
18541854 5 attendance of witnesses and the production of writings and
18551855 6 papers, and may examine under oath any witnesses who may
18561856 7 appear before it; to also investigate alleged violations
18571857 8 of a parolee's or releasee's conditions of parole or
18581858 9 release; and for this purpose it may issue subpoenas and
18591859 10 compel the attendance of witnesses and the production of
18601860 11 documents only if there is reason to believe that such
18611861 12 procedures would provide evidence that such violations
18621862 13 have occurred.
18631863 14 If any person fails to obey a subpoena issued under
18641864 15 this subsection, the Director may apply to any circuit
18651865 16 court to secure compliance with the subpoena. The failure
18661866 17 to comply with the order of the court issued in response
18671867 18 thereto shall be punishable as contempt of court.
18681868 19 (i) To appoint and remove the chief administrative
18691869 20 officers, and administer programs of training and
18701870 21 development of personnel of the Department. Personnel
18711871 22 assigned by the Department to be responsible for the
18721872 23 custody and control of committed persons or to investigate
18731873 24 the alleged misconduct of committed persons or employees
18741874 25 or alleged violations of a parolee's or releasee's
18751875 26 conditions of parole shall be conservators of the peace
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18861886 1 for those purposes, and shall have the full power of peace
18871887 2 officers outside of the facilities of the Department in
18881888 3 the protection, arrest, retaking, and reconfining of
18891889 4 committed persons or where the exercise of such power is
18901890 5 necessary to the investigation of such misconduct or
18911891 6 violations. This subsection shall not apply to persons
18921892 7 committed to the Department of Juvenile Justice under the
18931893 8 Juvenile Court Act of 1987 on aftercare release.
18941894 9 (j) To cooperate with other departments and agencies
18951895 10 and with local communities for the development of
18961896 11 standards and programs for better correctional services in
18971897 12 this State.
18981898 13 (k) To administer all moneys and properties of the
18991899 14 Department.
19001900 15 (l) To report annually to the Governor on the
19011901 16 committed persons, institutions, and programs of the
19021902 17 Department.
19031903 18 (l-5) (Blank).
19041904 19 (m) To make all rules and regulations and exercise all
19051905 20 powers and duties vested by law in the Department.
19061906 21 (n) To establish rules and regulations for
19071907 22 administering a system of sentence credits, established in
19081908 23 accordance with Section 3-6-3, subject to review by the
19091909 24 Prisoner Review Board.
19101910 25 (o) To administer the distribution of funds from the
19111911 26 State Treasury to reimburse counties where State penal
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19221922 1 institutions are located for the payment of assistant
19231923 2 state's attorneys' salaries under Section 4-2001 of the
19241924 3 Counties Code.
19251925 4 (p) To exchange information with the Department of
19261926 5 Human Services and the Department of Healthcare and Family
19271927 6 Services for the purpose of verifying living arrangements
19281928 7 and for other purposes directly connected with the
19291929 8 administration of this Code and the Illinois Public Aid
19301930 9 Code.
19311931 10 (q) To establish a diversion program.
19321932 11 The program shall provide a structured environment for
19331933 12 selected technical parole or mandatory supervised release
19341934 13 violators and committed persons who have violated the
19351935 14 rules governing their conduct while in work release. This
19361936 15 program shall not apply to those persons who have
19371937 16 committed a new offense while serving on parole or
19381938 17 mandatory supervised release or while committed to work
19391939 18 release.
19401940 19 Elements of the program shall include, but shall not
19411941 20 be limited to, the following:
19421942 21 (1) The staff of a diversion facility shall
19431943 22 provide supervision in accordance with required
19441944 23 objectives set by the facility.
19451945 24 (2) Participants shall be required to maintain
19461946 25 employment.
19471947 26 (3) Each participant shall pay for room and board
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19581958 1 at the facility on a sliding-scale basis according to
19591959 2 the participant's income.
19601960 3 (4) Each participant shall:
19611961 4 (A) provide restitution to victims in
19621962 5 accordance with any court order;
19631963 6 (B) provide financial support to his
19641964 7 dependents; and
19651965 8 (C) make appropriate payments toward any other
19661966 9 court-ordered obligations.
19671967 10 (5) Each participant shall complete community
19681968 11 service in addition to employment.
19691969 12 (6) Participants shall take part in such
19701970 13 counseling, educational, and other programs as the
19711971 14 Department may deem appropriate.
19721972 15 (7) Participants shall submit to drug and alcohol
19731973 16 screening.
19741974 17 (8) The Department shall promulgate rules
19751975 18 governing the administration of the program.
19761976 19 (r) To enter into intergovernmental cooperation
19771977 20 agreements under which persons in the custody of the
19781978 21 Department may participate in a county impact
19791979 22 incarceration program established under Section 3-6038 or
19801980 23 3-15003.5 of the Counties Code.
19811981 24 (r-5) (Blank).
19821982 25 (r-10) To systematically and routinely identify with
19831983 26 respect to each streetgang active within the correctional
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19931993 HB1053 - 55 - LRB103 00063 RLC 45063 b
19941994 1 system: (1) each active gang; (2) every existing
19951995 2 inter-gang affiliation or alliance; and (3) the current
19961996 3 leaders in each gang. The Department shall promptly
19971997 4 segregate leaders from inmates who belong to their gangs
19981998 5 and allied gangs. "Segregate" means no physical contact
19991999 6 and, to the extent possible under the conditions and space
20002000 7 available at the correctional facility, prohibition of
20012001 8 visual and sound communication. For the purposes of this
20022002 9 paragraph (r-10), "leaders" means persons who:
20032003 10 (i) are members of a criminal streetgang;
20042004 11 (ii) with respect to other individuals within the
20052005 12 streetgang, occupy a position of organizer,
20062006 13 supervisor, or other position of management or
20072007 14 leadership; and
20082008 15 (iii) are actively and personally engaged in
20092009 16 directing, ordering, authorizing, or requesting
20102010 17 commission of criminal acts by others, which are
20112011 18 punishable as a felony, in furtherance of streetgang
20122012 19 related activity both within and outside of the
20132013 20 Department of Corrections.
20142014 21 "Streetgang", "gang", and "streetgang related" have the
20152015 22 meanings ascribed to them in Section 10 of the Illinois
20162016 23 Streetgang Terrorism Omnibus Prevention Act.
20172017 24 (s) To operate a super-maximum security institution,
20182018 25 in order to manage and supervise inmates who are
20192019 26 disruptive or dangerous and provide for the safety and
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20302030 1 security of the staff and the other inmates.
20312031 2 (t) To monitor any unprivileged conversation or any
20322032 3 unprivileged communication, whether in person or by mail,
20332033 4 telephone, or other means, between an inmate who, before
20342034 5 commitment to the Department, was a member of an organized
20352035 6 gang and any other person without the need to show cause or
20362036 7 satisfy any other requirement of law before beginning the
20372037 8 monitoring, except as constitutionally required. The
20382038 9 monitoring may be by video, voice, or other method of
20392039 10 recording or by any other means. As used in this
20402040 11 subdivision (1)(t), "organized gang" has the meaning
20412041 12 ascribed to it in Section 10 of the Illinois Streetgang
20422042 13 Terrorism Omnibus Prevention Act.
20432043 14 As used in this subdivision (1)(t), "unprivileged
20442044 15 conversation" or "unprivileged communication" means a
20452045 16 conversation or communication that is not protected by any
20462046 17 privilege recognized by law or by decision, rule, or order
20472047 18 of the Illinois Supreme Court.
20482048 19 (u) To establish a Women's and Children's Pre-release
20492049 20 Community Supervision Program for the purpose of providing
20502050 21 housing and services to eligible female inmates, as
20512051 22 determined by the Department, and their newborn and young
20522052 23 children.
20532053 24 (u-5) To issue an order, whenever a person committed
20542054 25 to the Department absconds or absents himself or herself,
20552055 26 without authority to do so, from any facility or program
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20662066 1 to which he or she is assigned. The order shall be
20672067 2 certified by the Director, the Supervisor of the
20682068 3 Apprehension Unit, or any person duly designated by the
20692069 4 Director, with the seal of the Department affixed. The
20702070 5 order shall be directed to all sheriffs, coroners, and
20712071 6 police officers, or to any particular person named in the
20722072 7 order. Any order issued pursuant to this subdivision
20732073 8 (1)(u-5) shall be sufficient warrant for the officer or
20742074 9 person named in the order to arrest and deliver the
20752075 10 committed person to the proper correctional officials and
20762076 11 shall be executed the same as criminal process.
20772077 12 (u-6) To appoint a point of contact person who shall
20782078 13 receive suggestions, complaints, or other requests to the
20792079 14 Department from visitors to Department institutions or
20802080 15 facilities and from other members of the public.
20812081 16 (v) To do all other acts necessary to carry out the
20822082 17 provisions of this Chapter.
20832083 18 (2) The Department of Corrections shall by January 1,
20842084 19 1998, consider building and operating a correctional facility
20852085 20 within 100 miles of a county of over 2,000,000 inhabitants,
20862086 21 especially a facility designed to house juvenile participants
20872087 22 in the impact incarceration program.
20882088 23 (3) When the Department lets bids for contracts for
20892089 24 medical services to be provided to persons committed to
20902090 25 Department facilities by a health maintenance organization,
20912091 26 medical service corporation, or other health care provider,
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21022102 1 the bid may only be let to a health care provider that has
21032103 2 obtained an irrevocable letter of credit or performance bond
21042104 3 issued by a company whose bonds have an investment grade or
21052105 4 higher rating by a bond rating organization.
21062106 5 (4) When the Department lets bids for contracts for food
21072107 6 or commissary services to be provided to Department
21082108 7 facilities, the bid may only be let to a food or commissary
21092109 8 services provider that has obtained an irrevocable letter of
21102110 9 credit or performance bond issued by a company whose bonds
21112111 10 have an investment grade or higher rating by a bond rating
21122112 11 organization.
21132113 12 (5) On and after the date 6 months after August 16, 2013
21142114 13 (the effective date of Public Act 98-488), as provided in the
21152115 14 Executive Order 1 (2012) Implementation Act, all of the
21162116 15 powers, duties, rights, and responsibilities related to State
21172117 16 healthcare purchasing under this Code that were transferred
21182118 17 from the Department of Corrections to the Department of
21192119 18 Healthcare and Family Services by Executive Order 3 (2005) are
21202120 19 transferred back to the Department of Corrections; however,
21212121 20 powers, duties, rights, and responsibilities related to State
21222122 21 healthcare purchasing under this Code that were exercised by
21232123 22 the Department of Corrections before the effective date of
21242124 23 Executive Order 3 (2005) but that pertain to individuals
21252125 24 resident in facilities operated by the Department of Juvenile
21262126 25 Justice are transferred to the Department of Juvenile Justice.
21272127 26 (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
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21382138 1 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
21392139 2 5-13-22; 102-1030, eff. 5-27-22.)
21402140 3 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
21412141 4 Sec. 3-3-3. Eligibility for parole or release.
21422142 5 (a) Except for those offenders who accept the fixed
21432143 6 release date established by the Prisoner Review Board under
21442144 7 Section 3-3-2.1, every person serving a term of imprisonment
21452145 8 under the law in effect prior to the effective date of this
21462146 9 amendatory Act of 1977 shall be eligible for parole when he or
21472147 10 she has served:
21482148 11 (1) the minimum term of an indeterminate sentence less
21492149 12 time credit for good behavior, or 20 years less time
21502150 13 credit for good behavior, whichever is less; or
21512151 14 (2) 20 years of a life sentence less time credit for
21522152 15 good behavior; or
21532153 16 (3) 20 years or one-third of a determinate sentence,
21542154 17 whichever is less, less time credit for good behavior.
21552155 18 (b) No person sentenced under this amendatory Act of 1977
21562156 19 or who accepts a release date under Section 3-3-2.1 shall be
21572157 20 eligible for parole.
21582158 21 (c) Except for those sentenced to a term of natural life
21592159 22 imprisonment, every person sentenced to imprisonment under
21602160 23 this amendatory Act of 1977 or given a release date under
21612161 24 Section 3-3-2.1 of this Act shall serve the full term of a
21622162 25 determinate sentence less time credit for good behavior and
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21732173 1 shall then be released under the mandatory supervised release
21742174 2 provisions of paragraph (d) of Section 5-8-1 of this Code.
21752175 3 (d) No person serving a term of natural life imprisonment
21762176 4 may be paroled or released except through executive clemency.
21772177 5 (d-5) Notwithstanding any provision of law to the
21782178 6 contrary, a person convicted under Section 24-1.7 of the
21792179 7 Criminal Code of 2012 or Section 5-4.5-95 of this Code before
21802180 8 the repeal of those Sections on the effective date of this
21812181 9 amendatory Act of the 103rd General Assembly shall not be
21822182 10 eligible for consideration of conditions of parole or
21832183 11 mandatory supervised release if any of his or her convictions
21842184 12 under those statutes was first degree murder, second degree
21852185 13 murder, or any offense under Article 11 of the Criminal Code of
21862186 14 2012 or the Criminal Code of 1961.
21872187 15 (e) Every person committed to the Department of Juvenile
21882188 16 Justice under the Juvenile Court Act of 1987 and confined in
21892189 17 the State correctional institutions or facilities if such
21902190 18 juvenile has not been tried as an adult shall be eligible for
21912191 19 aftercare release under Section 3-2.5-85 of this Code.
21922192 20 However, if a juvenile has been tried as an adult he or she
21932193 21 shall only be eligible for parole or mandatory supervised
21942194 22 release as an adult under this Section.
21952195 23 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
21962196 24 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
21972197 25 Sec. 3-6-3. Rules and regulations for sentence credit.
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22082208 1 (a)(1) The Department of Corrections shall prescribe rules
22092209 2 and regulations for awarding and revoking sentence credit for
22102210 3 persons committed to the Department which shall be subject to
22112211 4 review by the Prisoner Review Board.
22122212 5 (1.5) As otherwise provided by law, sentence credit may be
22132213 6 awarded for the following:
22142214 7 (A) successful completion of programming while in
22152215 8 custody of the Department or while in custody prior to
22162216 9 sentencing;
22172217 10 (B) compliance with the rules and regulations of the
22182218 11 Department; or
22192219 12 (C) service to the institution, service to a
22202220 13 community, or service to the State.
22212221 14 (2) Except as provided in paragraph (4.7) of this
22222222 15 subsection (a), the rules and regulations on sentence credit
22232223 16 shall provide, with respect to offenses listed in clause (i),
22242224 17 (ii), or (iii) of this paragraph (2) committed on or after June
22252225 18 19, 1998 or with respect to the offense listed in clause (iv)
22262226 19 of this paragraph (2) committed on or after June 23, 2005 (the
22272227 20 effective date of Public Act 94-71) or with respect to offense
22282228 21 listed in clause (vi) committed on or after June 1, 2008 (the
22292229 22 effective date of Public Act 95-625) or with respect to the
22302230 23 offense of being an armed habitual criminal committed on or
22312231 24 after August 2, 2005 (the effective date of Public Act 94-398)
22322232 25 but before the effective date of this amendatory Act of the
22332233 26 103rd General Assembly or with respect to the offenses listed
22342234
22352235
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22442244 1 in clause (v) of this paragraph (2) committed on or after
22452245 2 August 13, 2007 (the effective date of Public Act 95-134) or
22462246 3 with respect to the offense of aggravated domestic battery
22472247 4 committed on or after July 23, 2010 (the effective date of
22482248 5 Public Act 96-1224) or with respect to the offense of attempt
22492249 6 to commit terrorism committed on or after January 1, 2013 (the
22502250 7 effective date of Public Act 97-990), the following:
22512251 8 (i) that a prisoner who is serving a term of
22522252 9 imprisonment for first degree murder or for the offense of
22532253 10 terrorism shall receive no sentence credit and shall serve
22542254 11 the entire sentence imposed by the court;
22552255 12 (ii) that a prisoner serving a sentence for attempt to
22562256 13 commit terrorism, attempt to commit first degree murder,
22572257 14 solicitation of murder, solicitation of murder for hire,
22582258 15 intentional homicide of an unborn child, predatory
22592259 16 criminal sexual assault of a child, aggravated criminal
22602260 17 sexual assault, criminal sexual assault, aggravated
22612261 18 kidnapping, aggravated battery with a firearm as described
22622262 19 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
22632263 20 or (e)(4) of Section 12-3.05, heinous battery as described
22642264 21 in Section 12-4.1 or subdivision (a)(2) of Section
22652265 22 12-3.05, being an armed habitual criminal before the
22662266 23 effective date of this amendatory Act of the 103rd General
22672267 24 Assembly, aggravated battery of a senior citizen as
22682268 25 described in Section 12-4.6 or subdivision (a)(4) of
22692269 26 Section 12-3.05, or aggravated battery of a child as
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22802280 1 described in Section 12-4.3 or subdivision (b)(1) of
22812281 2 Section 12-3.05 shall receive no more than 4.5 days of
22822282 3 sentence credit for each month of his or her sentence of
22832283 4 imprisonment;
22842284 5 (iii) that a prisoner serving a sentence for home
22852285 6 invasion, armed robbery, aggravated vehicular hijacking,
22862286 7 aggravated discharge of a firearm, or armed violence with
22872287 8 a category I weapon or category II weapon, when the court
22882288 9 has made and entered a finding, pursuant to subsection
22892289 10 (c-1) of Section 5-4-1 of this Code, that the conduct
22902290 11 leading to conviction for the enumerated offense resulted
22912291 12 in great bodily harm to a victim, shall receive no more
22922292 13 than 4.5 days of sentence credit for each month of his or
22932293 14 her sentence of imprisonment;
22942294 15 (iv) that a prisoner serving a sentence for aggravated
22952295 16 discharge of a firearm, whether or not the conduct leading
22962296 17 to conviction for the offense resulted in great bodily
22972297 18 harm to the victim, shall receive no more than 4.5 days of
22982298 19 sentence credit for each month of his or her sentence of
22992299 20 imprisonment;
23002300 21 (v) that a person serving a sentence for gunrunning,
23012301 22 narcotics racketeering, controlled substance trafficking,
23022302 23 methamphetamine trafficking, drug-induced homicide,
23032303 24 aggravated methamphetamine-related child endangerment,
23042304 25 money laundering pursuant to clause (c) (4) or (5) of
23052305 26 Section 29B-1 of the Criminal Code of 1961 or the Criminal
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23162316 1 Code of 2012, or a Class X felony conviction for delivery
23172317 2 of a controlled substance, possession of a controlled
23182318 3 substance with intent to manufacture or deliver,
23192319 4 calculated criminal drug conspiracy, criminal drug
23202320 5 conspiracy, street gang criminal drug conspiracy,
23212321 6 participation in methamphetamine manufacturing,
23222322 7 aggravated participation in methamphetamine
23232323 8 manufacturing, delivery of methamphetamine, possession
23242324 9 with intent to deliver methamphetamine, aggravated
23252325 10 delivery of methamphetamine, aggravated possession with
23262326 11 intent to deliver methamphetamine, methamphetamine
23272327 12 conspiracy when the substance containing the controlled
23282328 13 substance or methamphetamine is 100 grams or more shall
23292329 14 receive no more than 7.5 days sentence credit for each
23302330 15 month of his or her sentence of imprisonment;
23312331 16 (vi) that a prisoner serving a sentence for a second
23322332 17 or subsequent offense of luring a minor shall receive no
23332333 18 more than 4.5 days of sentence credit for each month of his
23342334 19 or her sentence of imprisonment; and
23352335 20 (vii) that a prisoner serving a sentence for
23362336 21 aggravated domestic battery shall receive no more than 4.5
23372337 22 days of sentence credit for each month of his or her
23382338 23 sentence of imprisonment.
23392339 24 (2.1) For all offenses, other than those enumerated in
23402340 25 subdivision (a)(2)(i), (ii), or (iii) committed on or after
23412341 26 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
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23522352 1 June 23, 2005 (the effective date of Public Act 94-71) or
23532353 2 subdivision (a)(2)(v) committed on or after August 13, 2007
23542354 3 (the effective date of Public Act 95-134) or subdivision
23552355 4 (a)(2)(vi) committed on or after June 1, 2008 (the effective
23562356 5 date of Public Act 95-625) or subdivision (a)(2)(vii)
23572357 6 committed on or after July 23, 2010 (the effective date of
23582358 7 Public Act 96-1224), and other than the offense of aggravated
23592359 8 driving under the influence of alcohol, other drug or drugs,
23602360 9 or intoxicating compound or compounds, or any combination
23612361 10 thereof as defined in subparagraph (F) of paragraph (1) of
23622362 11 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
23632363 12 and other than the offense of aggravated driving under the
23642364 13 influence of alcohol, other drug or drugs, or intoxicating
23652365 14 compound or compounds, or any combination thereof as defined
23662366 15 in subparagraph (C) of paragraph (1) of subsection (d) of
23672367 16 Section 11-501 of the Illinois Vehicle Code committed on or
23682368 17 after January 1, 2011 (the effective date of Public Act
23692369 18 96-1230), the rules and regulations shall provide that a
23702370 19 prisoner who is serving a term of imprisonment shall receive
23712371 20 one day of sentence credit for each day of his or her sentence
23722372 21 of imprisonment or recommitment under Section 3-3-9. Each day
23732373 22 of sentence credit shall reduce by one day the prisoner's
23742374 23 period of imprisonment or recommitment under Section 3-3-9.
23752375 24 (2.2) A prisoner serving a term of natural life
23762376 25 imprisonment or a prisoner who has been sentenced to death
23772377 26 shall receive no sentence credit.
23782378
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23882388 1 (2.3) Except as provided in paragraph (4.7) of this
23892389 2 subsection (a), the rules and regulations on sentence credit
23902390 3 shall provide that a prisoner who is serving a sentence for
23912391 4 aggravated driving under the influence of alcohol, other drug
23922392 5 or drugs, or intoxicating compound or compounds, or any
23932393 6 combination thereof as defined in subparagraph (F) of
23942394 7 paragraph (1) of subsection (d) of Section 11-501 of the
23952395 8 Illinois Vehicle Code, shall receive no more than 4.5 days of
23962396 9 sentence credit for each month of his or her sentence of
23972397 10 imprisonment.
23982398 11 (2.4) Except as provided in paragraph (4.7) of this
23992399 12 subsection (a), the rules and regulations on sentence credit
24002400 13 shall provide with respect to the offenses of aggravated
24012401 14 battery with a machine gun or a firearm equipped with any
24022402 15 device or attachment designed or used for silencing the report
24032403 16 of a firearm or aggravated discharge of a machine gun or a
24042404 17 firearm equipped with any device or attachment designed or
24052405 18 used for silencing the report of a firearm, committed on or
24062406 19 after July 15, 1999 (the effective date of Public Act 91-121),
24072407 20 that a prisoner serving a sentence for any of these offenses
24082408 21 shall receive no more than 4.5 days of sentence credit for each
24092409 22 month of his or her sentence of imprisonment.
24102410 23 (2.5) Except as provided in paragraph (4.7) of this
24112411 24 subsection (a), the rules and regulations on sentence credit
24122412 25 shall provide that a prisoner who is serving a sentence for
24132413 26 aggravated arson committed on or after July 27, 2001 (the
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24242424 1 effective date of Public Act 92-176) shall receive no more
24252425 2 than 4.5 days of sentence credit for each month of his or her
24262426 3 sentence of imprisonment.
24272427 4 (2.6) Except as provided in paragraph (4.7) of this
24282428 5 subsection (a), the rules and regulations on sentence credit
24292429 6 shall provide that a prisoner who is serving a sentence for
24302430 7 aggravated driving under the influence of alcohol, other drug
24312431 8 or drugs, or intoxicating compound or compounds or any
24322432 9 combination thereof as defined in subparagraph (C) of
24332433 10 paragraph (1) of subsection (d) of Section 11-501 of the
24342434 11 Illinois Vehicle Code committed on or after January 1, 2011
24352435 12 (the effective date of Public Act 96-1230) shall receive no
24362436 13 more than 4.5 days of sentence credit for each month of his or
24372437 14 her sentence of imprisonment.
24382438 15 (3) In addition to the sentence credits earned under
24392439 16 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
24402440 17 subsection (a), the rules and regulations shall also provide
24412441 18 that the Director may award up to 180 days of earned sentence
24422442 19 credit for prisoners serving a sentence of incarceration of
24432443 20 less than 5 years, and up to 365 days of earned sentence credit
24442444 21 for prisoners serving a sentence of 5 years or longer. The
24452445 22 Director may grant this credit for good conduct in specific
24462446 23 instances as the Director deems proper. The good conduct may
24472447 24 include, but is not limited to, compliance with the rules and
24482448 25 regulations of the Department, service to the Department,
24492449 26 service to a community, or service to the State.
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24602460 1 Eligible inmates for an award of earned sentence credit
24612461 2 under this paragraph (3) may be selected to receive the credit
24622462 3 at the Director's or his or her designee's sole discretion.
24632463 4 Eligibility for the additional earned sentence credit under
24642464 5 this paragraph (3) may be based on, but is not limited to,
24652465 6 participation in programming offered by the Department as
24662466 7 appropriate for the prisoner based on the results of any
24672467 8 available risk/needs assessment or other relevant assessments
24682468 9 or evaluations administered by the Department using a
24692469 10 validated instrument, the circumstances of the crime,
24702470 11 demonstrated commitment to rehabilitation by a prisoner with a
24712471 12 history of conviction for a forcible felony enumerated in
24722472 13 Section 2-8 of the Criminal Code of 2012, the inmate's
24732473 14 behavior and improvements in disciplinary history while
24742474 15 incarcerated, and the inmate's commitment to rehabilitation,
24752475 16 including participation in programming offered by the
24762476 17 Department.
24772477 18 The Director shall not award sentence credit under this
24782478 19 paragraph (3) to an inmate unless the inmate has served a
24792479 20 minimum of 60 days of the sentence; except nothing in this
24802480 21 paragraph shall be construed to permit the Director to extend
24812481 22 an inmate's sentence beyond that which was imposed by the
24822482 23 court. Prior to awarding credit under this paragraph (3), the
24832483 24 Director shall make a written determination that the inmate:
24842484 25 (A) is eligible for the earned sentence credit;
24852485 26 (B) has served a minimum of 60 days, or as close to 60
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24962496 1 days as the sentence will allow;
24972497 2 (B-1) has received a risk/needs assessment or other
24982498 3 relevant evaluation or assessment administered by the
24992499 4 Department using a validated instrument; and
25002500 5 (C) has met the eligibility criteria established by
25012501 6 rule for earned sentence credit.
25022502 7 The Director shall determine the form and content of the
25032503 8 written determination required in this subsection.
25042504 9 (3.5) The Department shall provide annual written reports
25052505 10 to the Governor and the General Assembly on the award of earned
25062506 11 sentence credit no later than February 1 of each year. The
25072507 12 Department must publish both reports on its website within 48
25082508 13 hours of transmitting the reports to the Governor and the
25092509 14 General Assembly. The reports must include:
25102510 15 (A) the number of inmates awarded earned sentence
25112511 16 credit;
25122512 17 (B) the average amount of earned sentence credit
25132513 18 awarded;
25142514 19 (C) the holding offenses of inmates awarded earned
25152515 20 sentence credit; and
25162516 21 (D) the number of earned sentence credit revocations.
25172517 22 (4)(A) Except as provided in paragraph (4.7) of this
25182518 23 subsection (a), the rules and regulations shall also provide
25192519 24 that any prisoner who is engaged full-time in substance abuse
25202520 25 programs, correctional industry assignments, educational
25212521 26 programs, work-release programs or activities in accordance
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25322532 1 with Article 13 of Chapter III of this Code, behavior
25332533 2 modification programs, life skills courses, or re-entry
25342534 3 planning provided by the Department under this paragraph (4)
25352535 4 and satisfactorily completes the assigned program as
25362536 5 determined by the standards of the Department, shall receive
25372537 6 one day of sentence credit for each day in which that prisoner
25382538 7 is engaged in the activities described in this paragraph. The
25392539 8 rules and regulations shall also provide that sentence credit
25402540 9 may be provided to an inmate who was held in pre-trial
25412541 10 detention prior to his or her current commitment to the
25422542 11 Department of Corrections and successfully completed a
25432543 12 full-time, 60-day or longer substance abuse program,
25442544 13 educational program, behavior modification program, life
25452545 14 skills course, or re-entry planning provided by the county
25462546 15 department of corrections or county jail. Calculation of this
25472547 16 county program credit shall be done at sentencing as provided
25482548 17 in Section 5-4.5-100 of this Code and shall be included in the
25492549 18 sentencing order. The rules and regulations shall also provide
25502550 19 that sentence credit may be provided to an inmate who is in
25512551 20 compliance with programming requirements in an adult
25522552 21 transition center.
25532553 22 (B) The Department shall award sentence credit under this
25542554 23 paragraph (4) accumulated prior to January 1, 2020 (the
25552555 24 effective date of Public Act 101-440) in an amount specified
25562556 25 in subparagraph (C) of this paragraph (4) to an inmate serving
25572557 26 a sentence for an offense committed prior to June 19, 1998, if
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25682568 1 the Department determines that the inmate is entitled to this
25692569 2 sentence credit, based upon:
25702570 3 (i) documentation provided by the Department that the
25712571 4 inmate engaged in any full-time substance abuse programs,
25722572 5 correctional industry assignments, educational programs,
25732573 6 behavior modification programs, life skills courses, or
25742574 7 re-entry planning provided by the Department under this
25752575 8 paragraph (4) and satisfactorily completed the assigned
25762576 9 program as determined by the standards of the Department
25772577 10 during the inmate's current term of incarceration; or
25782578 11 (ii) the inmate's own testimony in the form of an
25792579 12 affidavit or documentation, or a third party's
25802580 13 documentation or testimony in the form of an affidavit
25812581 14 that the inmate likely engaged in any full-time substance
25822582 15 abuse programs, correctional industry assignments,
25832583 16 educational programs, behavior modification programs, life
25842584 17 skills courses, or re-entry planning provided by the
25852585 18 Department under paragraph (4) and satisfactorily
25862586 19 completed the assigned program as determined by the
25872587 20 standards of the Department during the inmate's current
25882588 21 term of incarceration.
25892589 22 (C) If the inmate can provide documentation that he or she
25902590 23 is entitled to sentence credit under subparagraph (B) in
25912591 24 excess of 45 days of participation in those programs, the
25922592 25 inmate shall receive 90 days of sentence credit. If the inmate
25932593 26 cannot provide documentation of more than 45 days of
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26042604 1 participation in those programs, the inmate shall receive 45
26052605 2 days of sentence credit. In the event of a disagreement
26062606 3 between the Department and the inmate as to the amount of
26072607 4 credit accumulated under subparagraph (B), if the Department
26082608 5 provides documented proof of a lesser amount of days of
26092609 6 participation in those programs, that proof shall control. If
26102610 7 the Department provides no documentary proof, the inmate's
26112611 8 proof as set forth in clause (ii) of subparagraph (B) shall
26122612 9 control as to the amount of sentence credit provided.
26132613 10 (D) If the inmate has been convicted of a sex offense as
26142614 11 defined in Section 2 of the Sex Offender Registration Act,
26152615 12 sentencing credits under subparagraph (B) of this paragraph
26162616 13 (4) shall be awarded by the Department only if the conditions
26172617 14 set forth in paragraph (4.6) of subsection (a) are satisfied.
26182618 15 No inmate serving a term of natural life imprisonment shall
26192619 16 receive sentence credit under subparagraph (B) of this
26202620 17 paragraph (4).
26212621 18 Educational, vocational, substance abuse, behavior
26222622 19 modification programs, life skills courses, re-entry planning,
26232623 20 and correctional industry programs under which sentence credit
26242624 21 may be earned under this paragraph (4) and paragraph (4.1) of
26252625 22 this subsection (a) shall be evaluated by the Department on
26262626 23 the basis of documented standards. The Department shall report
26272627 24 the results of these evaluations to the Governor and the
26282628 25 General Assembly by September 30th of each year. The reports
26292629 26 shall include data relating to the recidivism rate among
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26402640 1 program participants.
26412641 2 Availability of these programs shall be subject to the
26422642 3 limits of fiscal resources appropriated by the General
26432643 4 Assembly for these purposes. Eligible inmates who are denied
26442644 5 immediate admission shall be placed on a waiting list under
26452645 6 criteria established by the Department. The rules and
26462646 7 regulations shall provide that a prisoner who has been placed
26472647 8 on a waiting list but is transferred for non-disciplinary
26482648 9 reasons before beginning a program shall receive priority
26492649 10 placement on the waitlist for appropriate programs at the new
26502650 11 facility. The inability of any inmate to become engaged in any
26512651 12 such programs by reason of insufficient program resources or
26522652 13 for any other reason established under the rules and
26532653 14 regulations of the Department shall not be deemed a cause of
26542654 15 action under which the Department or any employee or agent of
26552655 16 the Department shall be liable for damages to the inmate. The
26562656 17 rules and regulations shall provide that a prisoner who begins
26572657 18 an educational, vocational, substance abuse, work-release
26582658 19 programs or activities in accordance with Article 13 of
26592659 20 Chapter III of this Code, behavior modification program, life
26602660 21 skills course, re-entry planning, or correctional industry
26612661 22 programs but is unable to complete the program due to illness,
26622662 23 disability, transfer, lockdown, or another reason outside of
26632663 24 the prisoner's control shall receive prorated sentence credits
26642664 25 for the days in which the prisoner did participate.
26652665 26 (4.1) Except as provided in paragraph (4.7) of this
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26762676 1 subsection (a), the rules and regulations shall also provide
26772677 2 that an additional 90 days of sentence credit shall be awarded
26782678 3 to any prisoner who passes high school equivalency testing
26792679 4 while the prisoner is committed to the Department of
26802680 5 Corrections. The sentence credit awarded under this paragraph
26812681 6 (4.1) shall be in addition to, and shall not affect, the award
26822682 7 of sentence credit under any other paragraph of this Section,
26832683 8 but shall also be pursuant to the guidelines and restrictions
26842684 9 set forth in paragraph (4) of subsection (a) of this Section.
26852685 10 The sentence credit provided for in this paragraph shall be
26862686 11 available only to those prisoners who have not previously
26872687 12 earned a high school diploma or a high school equivalency
26882688 13 certificate. If, after an award of the high school equivalency
26892689 14 testing sentence credit has been made, the Department
26902690 15 determines that the prisoner was not eligible, then the award
26912691 16 shall be revoked. The Department may also award 90 days of
26922692 17 sentence credit to any committed person who passed high school
26932693 18 equivalency testing while he or she was held in pre-trial
26942694 19 detention prior to the current commitment to the Department of
26952695 20 Corrections. Except as provided in paragraph (4.7) of this
26962696 21 subsection (a), the rules and regulations shall provide that
26972697 22 an additional 120 days of sentence credit shall be awarded to
26982698 23 any prisoner who obtains an associate degree while the
26992699 24 prisoner is committed to the Department of Corrections,
27002700 25 regardless of the date that the associate degree was obtained,
27012701 26 including if prior to July 1, 2021 (the effective date of
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27122712 1 Public Act 101-652). The sentence credit awarded under this
27132713 2 paragraph (4.1) shall be in addition to, and shall not affect,
27142714 3 the award of sentence credit under any other paragraph of this
27152715 4 Section, but shall also be under the guidelines and
27162716 5 restrictions set forth in paragraph (4) of subsection (a) of
27172717 6 this Section. The sentence credit provided for in this
27182718 7 paragraph (4.1) shall be available only to those prisoners who
27192719 8 have not previously earned an associate degree prior to the
27202720 9 current commitment to the Department of Corrections. If, after
27212721 10 an award of the associate degree sentence credit has been made
27222722 11 and the Department determines that the prisoner was not
27232723 12 eligible, then the award shall be revoked. The Department may
27242724 13 also award 120 days of sentence credit to any committed person
27252725 14 who earned an associate degree while he or she was held in
27262726 15 pre-trial detention prior to the current commitment to the
27272727 16 Department of Corrections.
27282728 17 Except as provided in paragraph (4.7) of this subsection
27292729 18 (a), the rules and regulations shall provide that an
27302730 19 additional 180 days of sentence credit shall be awarded to any
27312731 20 prisoner who obtains a bachelor's degree while the prisoner is
27322732 21 committed to the Department of Corrections. The sentence
27332733 22 credit awarded under this paragraph (4.1) shall be in addition
27342734 23 to, and shall not affect, the award of sentence credit under
27352735 24 any other paragraph of this Section, but shall also be under
27362736 25 the guidelines and restrictions set forth in paragraph (4) of
27372737 26 this subsection (a). The sentence credit provided for in this
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27482748 1 paragraph shall be available only to those prisoners who have
27492749 2 not earned a bachelor's degree prior to the current commitment
27502750 3 to the Department of Corrections. If, after an award of the
27512751 4 bachelor's degree sentence credit has been made, the
27522752 5 Department determines that the prisoner was not eligible, then
27532753 6 the award shall be revoked. The Department may also award 180
27542754 7 days of sentence credit to any committed person who earned a
27552755 8 bachelor's degree while he or she was held in pre-trial
27562756 9 detention prior to the current commitment to the Department of
27572757 10 Corrections.
27582758 11 Except as provided in paragraph (4.7) of this subsection
27592759 12 (a), the rules and regulations shall provide that an
27602760 13 additional 180 days of sentence credit shall be awarded to any
27612761 14 prisoner who obtains a master's or professional degree while
27622762 15 the prisoner is committed to the Department of Corrections.
27632763 16 The sentence credit awarded under this paragraph (4.1) shall
27642764 17 be in addition to, and shall not affect, the award of sentence
27652765 18 credit under any other paragraph of this Section, but shall
27662766 19 also be under the guidelines and restrictions set forth in
27672767 20 paragraph (4) of this subsection (a). The sentence credit
27682768 21 provided for in this paragraph shall be available only to
27692769 22 those prisoners who have not previously earned a master's or
27702770 23 professional degree prior to the current commitment to the
27712771 24 Department of Corrections. If, after an award of the master's
27722772 25 or professional degree sentence credit has been made, the
27732773 26 Department determines that the prisoner was not eligible, then
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27842784 1 the award shall be revoked. The Department may also award 180
27852785 2 days of sentence credit to any committed person who earned a
27862786 3 master's or professional degree while he or she was held in
27872787 4 pre-trial detention prior to the current commitment to the
27882788 5 Department of Corrections.
27892789 6 (4.2) The rules and regulations shall also provide that
27902790 7 any prisoner engaged in self-improvement programs, volunteer
27912791 8 work, or work assignments that are not otherwise eligible
27922792 9 activities under paragraph (4), shall receive up to 0.5 days
27932793 10 of sentence credit for each day in which the prisoner is
27942794 11 engaged in activities described in this paragraph.
27952795 12 (4.5) The rules and regulations on sentence credit shall
27962796 13 also provide that when the court's sentencing order recommends
27972797 14 a prisoner for substance abuse treatment and the crime was
27982798 15 committed on or after September 1, 2003 (the effective date of
27992799 16 Public Act 93-354), the prisoner shall receive no sentence
28002800 17 credit awarded under clause (3) of this subsection (a) unless
28012801 18 he or she participates in and completes a substance abuse
28022802 19 treatment program. The Director may waive the requirement to
28032803 20 participate in or complete a substance abuse treatment program
28042804 21 in specific instances if the prisoner is not a good candidate
28052805 22 for a substance abuse treatment program for medical,
28062806 23 programming, or operational reasons. Availability of substance
28072807 24 abuse treatment shall be subject to the limits of fiscal
28082808 25 resources appropriated by the General Assembly for these
28092809 26 purposes. If treatment is not available and the requirement to
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28202820 1 participate and complete the treatment has not been waived by
28212821 2 the Director, the prisoner shall be placed on a waiting list
28222822 3 under criteria established by the Department. The Director may
28232823 4 allow a prisoner placed on a waiting list to participate in and
28242824 5 complete a substance abuse education class or attend substance
28252825 6 abuse self-help meetings in lieu of a substance abuse
28262826 7 treatment program. A prisoner on a waiting list who is not
28272827 8 placed in a substance abuse program prior to release may be
28282828 9 eligible for a waiver and receive sentence credit under clause
28292829 10 (3) of this subsection (a) at the discretion of the Director.
28302830 11 (4.6) The rules and regulations on sentence credit shall
28312831 12 also provide that a prisoner who has been convicted of a sex
28322832 13 offense as defined in Section 2 of the Sex Offender
28332833 14 Registration Act shall receive no sentence credit unless he or
28342834 15 she either has successfully completed or is participating in
28352835 16 sex offender treatment as defined by the Sex Offender
28362836 17 Management Board. However, prisoners who are waiting to
28372837 18 receive treatment, but who are unable to do so due solely to
28382838 19 the lack of resources on the part of the Department, may, at
28392839 20 the Director's sole discretion, be awarded sentence credit at
28402840 21 a rate as the Director shall determine.
28412841 22 (4.7) On or after January 1, 2018 (the effective date of
28422842 23 Public Act 100-3), sentence credit under paragraph (3), (4),
28432843 24 or (4.1) of this subsection (a) may be awarded to a prisoner
28442844 25 who is serving a sentence for an offense described in
28452845 26 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
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28562856 1 on or after January 1, 2018 (the effective date of Public Act
28572857 2 100-3); provided, the award of the credits under this
28582858 3 paragraph (4.7) shall not reduce the sentence of the prisoner
28592859 4 to less than the following amounts:
28602860 5 (i) 85% of his or her sentence if the prisoner is
28612861 6 required to serve 85% of his or her sentence; or
28622862 7 (ii) 60% of his or her sentence if the prisoner is
28632863 8 required to serve 75% of his or her sentence, except if the
28642864 9 prisoner is serving a sentence for gunrunning his or her
28652865 10 sentence shall not be reduced to less than 75%.
28662866 11 (iii) 100% of his or her sentence if the prisoner is
28672867 12 required to serve 100% of his or her sentence.
28682868 13 (5) Whenever the Department is to release any inmate
28692869 14 earlier than it otherwise would because of a grant of earned
28702870 15 sentence credit under paragraph (3) of subsection (a) of this
28712871 16 Section given at any time during the term, the Department
28722872 17 shall give reasonable notice of the impending release not less
28732873 18 than 14 days prior to the date of the release to the State's
28742874 19 Attorney of the county where the prosecution of the inmate
28752875 20 took place, and if applicable, the State's Attorney of the
28762876 21 county into which the inmate will be released. The Department
28772877 22 must also make identification information and a recent photo
28782878 23 of the inmate being released accessible on the Internet by
28792879 24 means of a hyperlink labeled "Community Notification of Inmate
28802880 25 Early Release" on the Department's World Wide Web homepage.
28812881 26 The identification information shall include the inmate's:
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28922892 1 name, any known alias, date of birth, physical
28932893 2 characteristics, commitment offense, and county where
28942894 3 conviction was imposed. The identification information shall
28952895 4 be placed on the website within 3 days of the inmate's release
28962896 5 and the information may not be removed until either:
28972897 6 completion of the first year of mandatory supervised release
28982898 7 or return of the inmate to custody of the Department.
28992899 8 (b) Whenever a person is or has been committed under
29002900 9 several convictions, with separate sentences, the sentences
29012901 10 shall be construed under Section 5-8-4 in granting and
29022902 11 forfeiting of sentence credit.
29032903 12 (c) (1) The Department shall prescribe rules and
29042904 13 regulations for revoking sentence credit, including revoking
29052905 14 sentence credit awarded under paragraph (3) of subsection (a)
29062906 15 of this Section. The Department shall prescribe rules and
29072907 16 regulations establishing and requiring the use of a sanctions
29082908 17 matrix for revoking sentence credit. The Department shall
29092909 18 prescribe rules and regulations for suspending or reducing the
29102910 19 rate of accumulation of sentence credit for specific rule
29112911 20 violations, during imprisonment. These rules and regulations
29122912 21 shall provide that no inmate may be penalized more than one
29132913 22 year of sentence credit for any one infraction.
29142914 23 (2) When the Department seeks to revoke, suspend, or
29152915 24 reduce the rate of accumulation of any sentence credits for an
29162916 25 alleged infraction of its rules, it shall bring charges
29172917 26 therefor against the prisoner sought to be so deprived of
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29282928 1 sentence credits before the Prisoner Review Board as provided
29292929 2 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
29302930 3 amount of credit at issue exceeds 30 days, whether from one
29312931 4 infraction or cumulatively from multiple infractions arising
29322932 5 out of a single event, or when, during any 12-month period, the
29332933 6 cumulative amount of credit revoked exceeds 30 days except
29342934 7 where the infraction is committed or discovered within 60 days
29352935 8 of scheduled release. In those cases, the Department of
29362936 9 Corrections may revoke up to 30 days of sentence credit. The
29372937 10 Board may subsequently approve the revocation of additional
29382938 11 sentence credit, if the Department seeks to revoke sentence
29392939 12 credit in excess of 30 days. However, the Board shall not be
29402940 13 empowered to review the Department's decision with respect to
29412941 14 the loss of 30 days of sentence credit within any calendar year
29422942 15 for any prisoner or to increase any penalty beyond the length
29432943 16 requested by the Department.
29442944 17 (3) The Director of the Department of Corrections, in
29452945 18 appropriate cases, may restore sentence credits which have
29462946 19 been revoked, suspended, or reduced. The Department shall
29472947 20 prescribe rules and regulations governing the restoration of
29482948 21 sentence credits. These rules and regulations shall provide
29492949 22 for the automatic restoration of sentence credits following a
29502950 23 period in which the prisoner maintains a record without a
29512951 24 disciplinary violation.
29522952 25 Nothing contained in this Section shall prohibit the
29532953 26 Prisoner Review Board from ordering, pursuant to Section
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29642964 1 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
29652965 2 sentence imposed by the court that was not served due to the
29662966 3 accumulation of sentence credit.
29672967 4 (d) If a lawsuit is filed by a prisoner in an Illinois or
29682968 5 federal court against the State, the Department of
29692969 6 Corrections, or the Prisoner Review Board, or against any of
29702970 7 their officers or employees, and the court makes a specific
29712971 8 finding that a pleading, motion, or other paper filed by the
29722972 9 prisoner is frivolous, the Department of Corrections shall
29732973 10 conduct a hearing to revoke up to 180 days of sentence credit
29742974 11 by bringing charges against the prisoner sought to be deprived
29752975 12 of the sentence credits before the Prisoner Review Board as
29762976 13 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
29772977 14 If the prisoner has not accumulated 180 days of sentence
29782978 15 credit at the time of the finding, then the Prisoner Review
29792979 16 Board may revoke all sentence credit accumulated by the
29802980 17 prisoner.
29812981 18 For purposes of this subsection (d):
29822982 19 (1) "Frivolous" means that a pleading, motion, or
29832983 20 other filing which purports to be a legal document filed
29842984 21 by a prisoner in his or her lawsuit meets any or all of the
29852985 22 following criteria:
29862986 23 (A) it lacks an arguable basis either in law or in
29872987 24 fact;
29882988 25 (B) it is being presented for any improper
29892989 26 purpose, such as to harass or to cause unnecessary
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30003000 1 delay or needless increase in the cost of litigation;
30013001 2 (C) the claims, defenses, and other legal
30023002 3 contentions therein are not warranted by existing law
30033003 4 or by a nonfrivolous argument for the extension,
30043004 5 modification, or reversal of existing law or the
30053005 6 establishment of new law;
30063006 7 (D) the allegations and other factual contentions
30073007 8 do not have evidentiary support or, if specifically so
30083008 9 identified, are not likely to have evidentiary support
30093009 10 after a reasonable opportunity for further
30103010 11 investigation or discovery; or
30113011 12 (E) the denials of factual contentions are not
30123012 13 warranted on the evidence, or if specifically so
30133013 14 identified, are not reasonably based on a lack of
30143014 15 information or belief.
30153015 16 (2) "Lawsuit" means a motion pursuant to Section 116-3
30163016 17 of the Code of Criminal Procedure of 1963, a habeas corpus
30173017 18 action under Article X of the Code of Civil Procedure or
30183018 19 under federal law (28 U.S.C. 2254), a petition for claim
30193019 20 under the Court of Claims Act, an action under the federal
30203020 21 Civil Rights Act (42 U.S.C. 1983), or a second or
30213021 22 subsequent petition for post-conviction relief under
30223022 23 Article 122 of the Code of Criminal Procedure of 1963
30233023 24 whether filed with or without leave of court or a second or
30243024 25 subsequent petition for relief from judgment under Section
30253025 26 2-1401 of the Code of Civil Procedure.
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30363036 1 (e) Nothing in Public Act 90-592 or 90-593 affects the
30373037 2 validity of Public Act 89-404.
30383038 3 (f) Whenever the Department is to release any inmate who
30393039 4 has been convicted of a violation of an order of protection
30403040 5 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
30413041 6 the Criminal Code of 2012, earlier than it otherwise would
30423042 7 because of a grant of sentence credit, the Department, as a
30433043 8 condition of release, shall require that the person, upon
30443044 9 release, be placed under electronic surveillance as provided
30453045 10 in Section 5-8A-7 of this Code.
30463046 11 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
30473047 12 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
30483048 13 (730 ILCS 5/5-4.5-95 rep.)
30493049 14 Section 35. The Unified Code of Corrections is amended by
30503050 15 repealing Section 5-4.5-95.
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