Illinois House Bill HB0075 Introduced / Bill

                    104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0075 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1730 ILCS 5/3-6-3730 ILCS 5/5-5-3730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender. LRB104 03325 RLC 13347 b   A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0075 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:  720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1730 ILCS 5/3-6-3730 ILCS 5/5-5-3730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 730 ILCS 5/3-6-3  730 ILCS 5/5-5-3  730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.  LRB104 03325 RLC 13347 b     LRB104 03325 RLC 13347 b   A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0075 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1730 ILCS 5/3-6-3730 ILCS 5/5-5-3730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 730 ILCS 5/3-6-3  730 ILCS 5/5-5-3  730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
730 ILCS 5/3-6-3
730 ILCS 5/5-5-3
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.
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A BILL FOR
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1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Section 12-7.1 as follows:
6  (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
7  Sec. 12-7.1. Hate crime.
8  (a) A person commits hate crime when, by reason of the
9  actual or perceived race, color, creed, religion, ancestry,
10  gender, sexual orientation, physical or mental disability,
11  citizenship, immigration status, or national origin of another
12  individual or group of individuals, regardless of the
13  existence of any other motivating factor or factors, he or she
14  commits assault, battery, aggravated assault, intimidation,
15  stalking, cyberstalking, misdemeanor theft, criminal trespass
16  to residence, misdemeanor criminal damage to property,
17  criminal trespass to vehicle, criminal trespass to real
18  property, mob action, disorderly conduct, transmission of
19  obscene messages, harassment by telephone, or harassment
20  through electronic communications as these crimes are defined
21  in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
22  21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
23  (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs

 

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0075 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1730 ILCS 5/3-6-3730 ILCS 5/5-5-3730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 730 ILCS 5/3-6-3  730 ILCS 5/5-5-3  730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
730 ILCS 5/3-6-3
730 ILCS 5/5-5-3
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.
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A BILL FOR

 

 

720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
730 ILCS 5/3-6-3
730 ILCS 5/5-5-3
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1



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1  (a)(2) and (a)(5) of Section 26.5-3 of this Code,
2  respectively.
3  (b) Except as provided in subsection (b-5), (b-6), or
4  (b-7), hate crime is a Class 4 felony for a first offense and a
5  Class 2 felony for a second or subsequent offense.
6  (b-5) Hate crime is a Class 3 felony for a first offense
7  and a Class 2 felony for a second or subsequent offense if
8  committed:
9  (1) in, or upon the exterior or grounds of, a church,
10  synagogue, mosque, or other building, structure, or place
11  identified or associated with a particular religion or
12  used for religious worship or other religious purpose;
13  (2) in a cemetery, mortuary, or other facility used
14  for the purpose of burial or memorializing the dead;
15  (3) in a school or other educational facility,
16  including an administrative facility or public or private
17  dormitory facility of or associated with the school or
18  other educational facility;
19  (4) in a public park or an ethnic or religious
20  community center;
21  (5) on the real property comprising any location
22  specified in clauses (1) through (4) of this subsection
23  (b-5); or
24  (6) on a public way within 1,000 feet of the real
25  property comprising any location specified in clauses (1)
26  through (4) of this subsection (b-5).

 

 

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1  (b-6) Hate crime is:
2  (1) a Class 1 felony if committed by a person 18 years
3  of age or older while armed with a firearm or if the victim
4  of the hate crime is under 18 years of age;
5  (2) a Class X felony if a crime of violence as defined
6  in Section 2 of the Crime Victims Compensation Act is
7  committed against a person by reason of the actual or
8  perceived race, color, creed, religion, ancestry, gender,
9  sexual orientation, physical or mental disability,
10  citizenship, immigration status, or national origin of
11  another individual or group of individuals; or
12  (3) a Class X felony for which the person shall be
13  sentenced to a term of imprisonment of not less than 15
14  years and not more than 60 years if a crime of violence
15  that is a Class X felony is committed against a victim
16  described in paragraph (2).
17  (b-7) The court may sentence a defendant who committed a
18  hate crime to a term of natural life imprisonment if the
19  underlying crime is first degree murder if the murder was
20  committed by reason of the actual or perceived race, color,
21  creed, religion, ancestry, gender, sexual orientation,
22  physical or mental disability, citizenship, immigration
23  status, or national origin of the victim or victims.
24  (b-10) Upon imposition of any sentence, the trial court
25  shall also either order restitution paid to the victim or
26  impose a fine in an amount to be determined by the court based

 

 

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1  on the severity of the crime and the injury or damages suffered
2  by the victim. In addition, any order of probation or
3  conditional discharge entered following a conviction or an
4  adjudication of delinquency shall include a condition that the
5  offender perform public or community service of no less than
6  200 hours if that service is established in the county where
7  the offender was convicted of hate crime. In addition, any
8  order of probation or conditional discharge entered following
9  a conviction or an adjudication of delinquency shall include a
10  condition that the offender enroll in an educational program
11  discouraging hate crimes involving the protected class
12  identified in subsection (a) that gave rise to the offense the
13  offender committed. The educational program must be attended
14  by the offender in-person and may be administered, as
15  determined by the court, by a university, college, community
16  college, non-profit organization, the Illinois Holocaust and
17  Genocide Commission, or any other organization that provides
18  educational programs discouraging hate crimes, except that
19  programs administered online or that can otherwise be attended
20  remotely are prohibited. The court may also impose any other
21  condition of probation or conditional discharge under this
22  Section. If the court sentences the offender to imprisonment
23  or periodic imprisonment for a violation of this Section, as a
24  condition of the offender's mandatory supervised release, the
25  court shall require that the offender perform public or
26  community service of no less than 200 hours and enroll in an

 

 

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1  educational program discouraging hate crimes involving the
2  protected class identified in subsection (a) that gave rise to
3  the offense the offender committed.
4  (c) Independent of any criminal prosecution or the result
5  of a criminal prosecution, any person suffering injury to his
6  or her person, damage to his or her property, intimidation as
7  defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
8  12-6 of this Code, stalking as defined in Section 12-7.3 of
9  this Code, cyberstalking as defined in Section 12-7.5 of this
10  Code, disorderly conduct as defined in paragraph (a)(1),
11  (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
12  transmission of obscene messages as defined in Section 26.5-1
13  of this Code, harassment by telephone as defined in Section
14  26.5-2 of this Code, or harassment through electronic
15  communications as defined in paragraphs (a)(2) and (a)(5) of
16  Section 26.5-3 of this Code as a result of a hate crime may
17  bring a civil action for damages, injunction or other
18  appropriate relief. The court may award actual damages,
19  including damages for emotional distress, as well as punitive
20  damages. The court may impose a civil penalty up to $25,000 for
21  each violation of this subsection (c). A judgment in favor of a
22  person who brings a civil action under this subsection (c)
23  shall include attorney's fees and costs. After consulting with
24  the local State's Attorney, the Attorney General may bring a
25  civil action in the name of the People of the State for an
26  injunction or other equitable relief under this subsection

 

 

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1  (c). In addition, the Attorney General may request and the
2  court may impose a civil penalty up to $25,000 for each
3  violation under this subsection (c). The parents or legal
4  guardians, other than guardians appointed pursuant to the
5  Juvenile Court Act or the Juvenile Court Act of 1987, of an
6  unemancipated minor shall be liable for the amount of any
7  judgment for all damages rendered against such minor under
8  this subsection (c) in any amount not exceeding the amount
9  provided under Section 5 of the Parental Responsibility Law.
10  (d) "Sexual orientation" has the meaning ascribed to it in
11  paragraph (O-1) of Section 1-103 of the Illinois Human Rights
12  Act.
13  (Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
14  102-813, eff. 5-13-22.)
15  Section 10. The Unified Code of Corrections is amended by
16  changing Sections 3-6-3, 5-5-3 and 5-8-1 as follows:
17  (730 ILCS 5/3-6-3)
18  (Text of Section before amendment by P.A. 103-822)
19  Sec. 3-6-3. Rules and regulations for sentence credit.
20  (a)(1) The Department of Corrections shall prescribe rules
21  and regulations for awarding and revoking sentence credit for
22  persons committed to the Department of Corrections and the
23  Department of Juvenile Justice shall prescribe rules and
24  regulations for awarding and revoking sentence credit for

 

 

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1  persons committed to the Department of Juvenile Justice under
2  Section 5-8-6 of the Unified Code of Corrections, which shall
3  be subject to review by the Prisoner Review Board.
4  (1.5) As otherwise provided by law, sentence credit may be
5  awarded for the following:
6  (A) successful completion of programming while in
7  custody of the Department of Corrections or the Department
8  of Juvenile Justice or while in custody prior to
9  sentencing;
10  (B) compliance with the rules and regulations of the
11  Department; or
12  (C) service to the institution, service to a
13  community, or service to the State.
14  (2) Except as provided in paragraph (4.7) of this
15  subsection (a), the rules and regulations on sentence credit
16  shall provide, with respect to offenses listed in clause (i),
17  (ii), or (iii) of this paragraph (2) committed on or after June
18  19, 1998 or with respect to the offense listed in clause (iv)
19  of this paragraph (2) committed on or after June 23, 2005 (the
20  effective date of Public Act 94-71) or with respect to offense
21  listed in clause (vi) committed on or after June 1, 2008 (the
22  effective date of Public Act 95-625) or with respect to the
23  offense of being an armed habitual criminal committed on or
24  after August 2, 2005 (the effective date of Public Act 94-398)
25  or with respect to the offenses listed in clause (v) of this
26  paragraph (2) committed on or after August 13, 2007 (the

 

 

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1  effective date of Public Act 95-134) or with respect to the
2  offense of aggravated domestic battery committed on or after
3  July 23, 2010 (the effective date of Public Act 96-1224) or
4  with respect to the offense of attempt to commit terrorism
5  committed on or after January 1, 2013 (the effective date of
6  Public Act 97-990), the following:
7  (i) that a prisoner who is serving a term of
8  imprisonment for first degree murder or for the offense of
9  terrorism shall receive no sentence credit and shall serve
10  the entire sentence imposed by the court;
11  (ii) that a prisoner serving a sentence for attempt to
12  commit terrorism, attempt to commit first degree murder,
13  solicitation of murder, solicitation of murder for hire,
14  intentional homicide of an unborn child, predatory
15  criminal sexual assault of a child, aggravated criminal
16  sexual assault, criminal sexual assault, aggravated
17  kidnapping, aggravated battery with a firearm as described
18  in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
19  or (e)(4) of Section 12-3.05, heinous battery as described
20  in Section 12-4.1 or subdivision (a)(2) of Section
21  12-3.05, being an armed habitual criminal, aggravated
22  battery of a senior citizen as described in Section 12-4.6
23  or subdivision (a)(4) of Section 12-3.05, or aggravated
24  battery of a child as described in Section 12-4.3 or
25  subdivision (b)(1) of Section 12-3.05 shall receive no
26  more than 4.5 days of sentence credit for each month of his

 

 

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1  or her sentence of imprisonment;
2  (iii) that a prisoner serving a sentence for home
3  invasion, armed robbery, aggravated vehicular hijacking,
4  aggravated discharge of a firearm, or armed violence with
5  a category I weapon or category II weapon, when the court
6  has made and entered a finding, pursuant to subsection
7  (c-1) of Section 5-4-1 of this Code, that the conduct
8  leading to conviction for the enumerated offense resulted
9  in great bodily harm to a victim, shall receive no more
10  than 4.5 days of sentence credit for each month of his or
11  her sentence of imprisonment;
12  (iv) that a prisoner serving a sentence for aggravated
13  discharge of a firearm, whether or not the conduct leading
14  to conviction for the offense resulted in great bodily
15  harm to the victim, shall receive no more than 4.5 days of
16  sentence credit for each month of his or her sentence of
17  imprisonment;
18  (v) that a person serving a sentence for gunrunning,
19  narcotics racketeering, controlled substance trafficking,
20  methamphetamine trafficking, drug-induced homicide,
21  aggravated methamphetamine-related child endangerment,
22  money laundering pursuant to clause (c) (4) or (5) of
23  Section 29B-1 of the Criminal Code of 1961 or the Criminal
24  Code of 2012, or a Class X felony conviction for delivery
25  of a controlled substance, possession of a controlled
26  substance with intent to manufacture or deliver,

 

 

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1  calculated criminal drug conspiracy, criminal drug
2  conspiracy, street gang criminal drug conspiracy,
3  participation in methamphetamine manufacturing,
4  aggravated participation in methamphetamine
5  manufacturing, delivery of methamphetamine, possession
6  with intent to deliver methamphetamine, aggravated
7  delivery of methamphetamine, aggravated possession with
8  intent to deliver methamphetamine, methamphetamine
9  conspiracy when the substance containing the controlled
10  substance or methamphetamine is 100 grams or more shall
11  receive no more than 7.5 days sentence credit for each
12  month of his or her sentence of imprisonment;
13  (vi) that a prisoner serving a sentence for a second
14  or subsequent offense of luring a minor shall receive no
15  more than 4.5 days of sentence credit for each month of his
16  or her sentence of imprisonment; and
17  (vii) that a prisoner serving a sentence for
18  aggravated domestic battery shall receive no more than 4.5
19  days of sentence credit for each month of his or her
20  sentence of imprisonment.
21  (2.1) For all offenses, other than those enumerated in
22  subdivision (a)(2)(i), (ii), or (iii) committed on or after
23  June 19, 1998 or subdivision (a)(2)(iv) committed on or after
24  June 23, 2005 (the effective date of Public Act 94-71) or
25  subdivision (a)(2)(v) committed on or after August 13, 2007
26  (the effective date of Public Act 95-134) or subdivision

 

 

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1  (a)(2)(vi) committed on or after June 1, 2008 (the effective
2  date of Public Act 95-625) or subdivision (a)(2)(vii)
3  committed on or after July 23, 2010 (the effective date of
4  Public Act 96-1224), and other than the offense of aggravated
5  driving under the influence of alcohol, other drug or drugs,
6  or intoxicating compound or compounds, or any combination
7  thereof as defined in subparagraph (F) of paragraph (1) of
8  subsection (d) of Section 11-501 of the Illinois Vehicle Code,
9  and other than the offense of aggravated driving under the
10  influence of alcohol, other drug or drugs, or intoxicating
11  compound or compounds, or any combination thereof as defined
12  in subparagraph (C) of paragraph (1) of subsection (d) of
13  Section 11-501 of the Illinois Vehicle Code committed on or
14  after January 1, 2011 (the effective date of Public Act
15  96-1230), the rules and regulations shall provide that a
16  prisoner who is serving a term of imprisonment shall receive
17  one day of sentence credit for each day of his or her sentence
18  of imprisonment or recommitment under Section 3-3-9. Each day
19  of sentence credit shall reduce by one day the prisoner's
20  period of imprisonment or recommitment under Section 3-3-9.
21  (2.2) A prisoner serving a term of natural life
22  imprisonment shall receive no sentence credit.
23  (2.3) Except as provided in paragraph (4.7) of this
24  subsection (a), the rules and regulations on sentence credit
25  shall provide that a prisoner who is serving a sentence for
26  aggravated driving under the influence of alcohol, other drug

 

 

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1  or drugs, or intoxicating compound or compounds, or any
2  combination thereof as defined in subparagraph (F) of
3  paragraph (1) of subsection (d) of Section 11-501 of the
4  Illinois Vehicle Code, shall receive no more than 4.5 days of
5  sentence credit for each month of his or her sentence of
6  imprisonment.
7  (2.4) Except as provided in paragraph (4.7) of this
8  subsection (a), the rules and regulations on sentence credit
9  shall provide with respect to the offenses of aggravated
10  battery with a machine gun or a firearm equipped with any
11  device or attachment designed or used for silencing the report
12  of a firearm or aggravated discharge of a machine gun or a
13  firearm equipped with any device or attachment designed or
14  used for silencing the report of a firearm, committed on or
15  after July 15, 1999 (the effective date of Public Act 91-121),
16  that a prisoner serving a sentence for any of these offenses
17  shall receive no more than 4.5 days of sentence credit for each
18  month of his or her sentence of imprisonment.
19  (2.5) Except as provided in paragraph (4.7) of this
20  subsection (a), the rules and regulations on sentence credit
21  shall provide that a prisoner who is serving a sentence for
22  aggravated arson committed on or after July 27, 2001 (the
23  effective date of Public Act 92-176) shall receive no more
24  than 4.5 days of sentence credit for each month of his or her
25  sentence of imprisonment.
26  (2.6) Except as provided in paragraph (4.7) of this

 

 

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1  subsection (a), the rules and regulations on sentence credit
2  shall provide that a prisoner who is serving a sentence for
3  aggravated driving under the influence of alcohol, other drug
4  or drugs, or intoxicating compound or compounds or any
5  combination thereof as defined in subparagraph (C) of
6  paragraph (1) of subsection (d) of Section 11-501 of the
7  Illinois Vehicle Code committed on or after January 1, 2011
8  (the effective date of Public Act 96-1230) shall receive no
9  more than 4.5 days of sentence credit for each month of his or
10  her sentence of imprisonment.
11  (3) In addition to the sentence credits earned under
12  paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
13  subsection (a), the rules and regulations shall also provide
14  that the Director of Corrections or the Director of Juvenile
15  Justice may award up to 180 days of earned sentence credit for
16  prisoners serving a sentence of incarceration of less than 5
17  years, and up to 365 days of earned sentence credit for
18  prisoners serving a sentence of 5 years or longer. The
19  Director may grant this credit for good conduct in specific
20  instances as either Director deems proper for eligible persons
21  in the custody of each Director's respective Department. The
22  good conduct may include, but is not limited to, compliance
23  with the rules and regulations of the Department, service to
24  the Department, service to a community, or service to the
25  State.
26  Eligible inmates for an award of earned sentence credit

 

 

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1  under this paragraph (3) may be selected to receive the credit
2  at either Director's or his or her designee's sole discretion.
3  Eligibility for the additional earned sentence credit under
4  this paragraph (3) may be based on, but is not limited to,
5  participation in programming offered by the Department as
6  appropriate for the prisoner based on the results of any
7  available risk/needs assessment or other relevant assessments
8  or evaluations administered by the Department using a
9  validated instrument, the circumstances of the crime,
10  demonstrated commitment to rehabilitation by a prisoner with a
11  history of conviction for a forcible felony enumerated in
12  Section 2-8 of the Criminal Code of 2012, the inmate's
13  behavior and improvements in disciplinary history while
14  incarcerated, and the inmate's commitment to rehabilitation,
15  including participation in programming offered by the
16  Department.
17  The Director of Corrections or the Director of Juvenile
18  Justice shall not award sentence credit under this paragraph
19  (3) to an inmate unless the inmate has served a minimum of 60
20  days of the sentence, including time served in a county jail;
21  except nothing in this paragraph shall be construed to permit
22  either Director to extend an inmate's sentence beyond that
23  which was imposed by the court. Prior to awarding credit under
24  this paragraph (3), each Director shall make a written
25  determination that the inmate:
26  (A) is eligible for the earned sentence credit;

 

 

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1  (B) has served a minimum of 60 days, or as close to 60
2  days as the sentence will allow;
3  (B-1) has received a risk/needs assessment or other
4  relevant evaluation or assessment administered by the
5  Department using a validated instrument; and
6  (C) has met the eligibility criteria established by
7  rule for earned sentence credit.
8  The Director of Corrections or the Director of Juvenile
9  Justice shall determine the form and content of the written
10  determination required in this subsection.
11  (3.5) The Department shall provide annual written reports
12  to the Governor and the General Assembly on the award of earned
13  sentence credit no later than February 1 of each year. The
14  Department must publish both reports on its website within 48
15  hours of transmitting the reports to the Governor and the
16  General Assembly. The reports must include:
17  (A) the number of inmates awarded earned sentence
18  credit;
19  (B) the average amount of earned sentence credit
20  awarded;
21  (C) the holding offenses of inmates awarded earned
22  sentence credit; and
23  (D) the number of earned sentence credit revocations.
24  (4)(A) Except as provided in paragraph (4.7) of this
25  subsection (a), the rules and regulations shall also provide
26  that any prisoner who is engaged full-time in substance abuse

 

 

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1  programs, correctional industry assignments, educational
2  programs, work-release programs or activities in accordance
3  with Article 13 of Chapter III of this Code, behavior
4  modification programs, life skills courses, or re-entry
5  planning provided by the Department under this paragraph (4)
6  and satisfactorily completes the assigned program as
7  determined by the standards of the Department, shall receive
8  one day of sentence credit for each day in which that prisoner
9  is engaged in the activities described in this paragraph. The
10  rules and regulations shall also provide that sentence credit
11  may be provided to an inmate who was held in pre-trial
12  detention prior to his or her current commitment to the
13  Department of Corrections and successfully completed a
14  full-time, 60-day or longer substance abuse program,
15  educational program, behavior modification program, life
16  skills course, or re-entry planning provided by the county
17  department of corrections or county jail. Calculation of this
18  county program credit shall be done at sentencing as provided
19  in Section 5-4.5-100 of this Code and shall be included in the
20  sentencing order. The rules and regulations shall also provide
21  that sentence credit may be provided to an inmate who is in
22  compliance with programming requirements in an adult
23  transition center.
24  (B) The Department shall award sentence credit under this
25  paragraph (4) accumulated prior to January 1, 2020 (the
26  effective date of Public Act 101-440) in an amount specified

 

 

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1  in subparagraph (C) of this paragraph (4) to an inmate serving
2  a sentence for an offense committed prior to June 19, 1998, if
3  the Department determines that the inmate is entitled to this
4  sentence credit, based upon:
5  (i) documentation provided by the Department that the
6  inmate engaged in any full-time substance abuse programs,
7  correctional industry assignments, educational programs,
8  behavior modification programs, life skills courses, or
9  re-entry planning provided by the Department under this
10  paragraph (4) and satisfactorily completed the assigned
11  program as determined by the standards of the Department
12  during the inmate's current term of incarceration; or
13  (ii) the inmate's own testimony in the form of an
14  affidavit or documentation, or a third party's
15  documentation or testimony in the form of an affidavit
16  that the inmate likely engaged in any full-time substance
17  abuse programs, correctional industry assignments,
18  educational programs, behavior modification programs, life
19  skills courses, or re-entry planning provided by the
20  Department under paragraph (4) and satisfactorily
21  completed the assigned program as determined by the
22  standards of the Department during the inmate's current
23  term of incarceration.
24  (C) If the inmate can provide documentation that he or she
25  is entitled to sentence credit under subparagraph (B) in
26  excess of 45 days of participation in those programs, the

 

 

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1  inmate shall receive 90 days of sentence credit. If the inmate
2  cannot provide documentation of more than 45 days of
3  participation in those programs, the inmate shall receive 45
4  days of sentence credit. In the event of a disagreement
5  between the Department and the inmate as to the amount of
6  credit accumulated under subparagraph (B), if the Department
7  provides documented proof of a lesser amount of days of
8  participation in those programs, that proof shall control. If
9  the Department provides no documentary proof, the inmate's
10  proof as set forth in clause (ii) of subparagraph (B) shall
11  control as to the amount of sentence credit provided.
12  (D) If the inmate has been convicted of a sex offense as
13  defined in Section 2 of the Sex Offender Registration Act,
14  sentencing credits under subparagraph (B) of this paragraph
15  (4) shall be awarded by the Department only if the conditions
16  set forth in paragraph (4.6) of subsection (a) are satisfied.
17  No inmate serving a term of natural life imprisonment shall
18  receive sentence credit under subparagraph (B) of this
19  paragraph (4).
20  (E) The rules and regulations shall provide for the
21  recalculation of program credits awarded pursuant to this
22  paragraph (4) prior to July 1, 2021 (the effective date of
23  Public Act 101-652) at the rate set for such credits on and
24  after July 1, 2021.
25  Educational, vocational, substance abuse, behavior
26  modification programs, life skills courses, re-entry planning,

 

 

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1  and correctional industry programs under which sentence credit
2  may be earned under this paragraph (4) and paragraph (4.1) of
3  this subsection (a) shall be evaluated by the Department on
4  the basis of documented standards. The Department shall report
5  the results of these evaluations to the Governor and the
6  General Assembly by September 30th of each year. The reports
7  shall include data relating to the recidivism rate among
8  program participants.
9  Availability of these programs shall be subject to the
10  limits of fiscal resources appropriated by the General
11  Assembly for these purposes. Eligible inmates who are denied
12  immediate admission shall be placed on a waiting list under
13  criteria established by the Department. The rules and
14  regulations shall provide that a prisoner who has been placed
15  on a waiting list but is transferred for non-disciplinary
16  reasons before beginning a program shall receive priority
17  placement on the waitlist for appropriate programs at the new
18  facility. The inability of any inmate to become engaged in any
19  such programs by reason of insufficient program resources or
20  for any other reason established under the rules and
21  regulations of the Department shall not be deemed a cause of
22  action under which the Department or any employee or agent of
23  the Department shall be liable for damages to the inmate. The
24  rules and regulations shall provide that a prisoner who begins
25  an educational, vocational, substance abuse, work-release
26  programs or activities in accordance with Article 13 of

 

 

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1  Chapter III of this Code, behavior modification program, life
2  skills course, re-entry planning, or correctional industry
3  programs but is unable to complete the program due to illness,
4  disability, transfer, lockdown, or another reason outside of
5  the prisoner's control shall receive prorated sentence credits
6  for the days in which the prisoner did participate.
7  (4.1) Except as provided in paragraph (4.7) of this
8  subsection (a), the rules and regulations shall also provide
9  that an additional 90 days of sentence credit shall be awarded
10  to any prisoner who passes high school equivalency testing
11  while the prisoner is committed to the Department of
12  Corrections. The sentence credit awarded under this paragraph
13  (4.1) shall be in addition to, and shall not affect, the award
14  of sentence credit under any other paragraph of this Section,
15  but shall also be pursuant to the guidelines and restrictions
16  set forth in paragraph (4) of subsection (a) of this Section.
17  The sentence credit provided for in this paragraph shall be
18  available only to those prisoners who have not previously
19  earned a high school diploma or a State of Illinois High School
20  Diploma. If, after an award of the high school equivalency
21  testing sentence credit has been made, the Department
22  determines that the prisoner was not eligible, then the award
23  shall be revoked. The Department may also award 90 days of
24  sentence credit to any committed person who passed high school
25  equivalency testing while he or she was held in pre-trial
26  detention prior to the current commitment to the Department of

 

 

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1  Corrections. Except as provided in paragraph (4.7) of this
2  subsection (a), the rules and regulations shall provide that
3  an additional 120 days of sentence credit shall be awarded to
4  any prisoner who obtains an associate degree while the
5  prisoner is committed to the Department of Corrections,
6  regardless of the date that the associate degree was obtained,
7  including if prior to July 1, 2021 (the effective date of
8  Public Act 101-652). The sentence credit awarded under this
9  paragraph (4.1) shall be in addition to, and shall not affect,
10  the award of sentence credit under any other paragraph of this
11  Section, but shall also be under the guidelines and
12  restrictions set forth in paragraph (4) of subsection (a) of
13  this Section. The sentence credit provided for in this
14  paragraph (4.1) shall be available only to those prisoners who
15  have not previously earned an associate degree prior to the
16  current commitment to the Department of Corrections. If, after
17  an award of the associate degree sentence credit has been made
18  and the Department determines that the prisoner was not
19  eligible, then the award shall be revoked. The Department may
20  also award 120 days of sentence credit to any committed person
21  who earned an associate degree while he or she was held in
22  pre-trial detention prior to the current commitment to the
23  Department of Corrections.
24  Except as provided in paragraph (4.7) of this subsection
25  (a), the rules and regulations shall provide that an
26  additional 180 days of sentence credit shall be awarded to any

 

 

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1  prisoner who obtains a bachelor's degree while the prisoner is
2  committed to the Department of Corrections. The sentence
3  credit awarded under this paragraph (4.1) shall be in addition
4  to, and shall not affect, the award of sentence credit under
5  any other paragraph of this Section, but shall also be under
6  the guidelines and restrictions set forth in paragraph (4) of
7  this subsection (a). The sentence credit provided for in this
8  paragraph shall be available only to those prisoners who have
9  not earned a bachelor's degree prior to the current commitment
10  to the Department of Corrections. If, after an award of the
11  bachelor's degree sentence credit has been made, the
12  Department determines that the prisoner was not eligible, then
13  the award shall be revoked. The Department may also award 180
14  days of sentence credit to any committed person who earned a
15  bachelor's degree while he or she was held in pre-trial
16  detention prior to the current commitment to the Department of
17  Corrections.
18  Except as provided in paragraph (4.7) of this subsection
19  (a), the rules and regulations shall provide that an
20  additional 180 days of sentence credit shall be awarded to any
21  prisoner who obtains a master's or professional degree while
22  the prisoner is committed to the Department of Corrections.
23  The sentence credit awarded under this paragraph (4.1) shall
24  be in addition to, and shall not affect, the award of sentence
25  credit under any other paragraph of this Section, but shall
26  also be under the guidelines and restrictions set forth in

 

 

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1  paragraph (4) of this subsection (a). The sentence credit
2  provided for in this paragraph shall be available only to
3  those prisoners who have not previously earned a master's or
4  professional degree prior to the current commitment to the
5  Department of Corrections. If, after an award of the master's
6  or professional degree sentence credit has been made, the
7  Department determines that the prisoner was not eligible, then
8  the award shall be revoked. The Department may also award 180
9  days of sentence credit to any committed person who earned a
10  master's or professional degree while he or she was held in
11  pre-trial detention prior to the current commitment to the
12  Department of Corrections.
13  (4.2)(A) The rules and regulations shall also provide that
14  any prisoner engaged in self-improvement programs, volunteer
15  work, or work assignments that are not otherwise eligible
16  activities under paragraph (4), shall receive up to 0.5 days
17  of sentence credit for each day in which the prisoner is
18  engaged in activities described in this paragraph.
19  (B) The rules and regulations shall provide for the award
20  of sentence credit under this paragraph (4.2) for qualifying
21  days of engagement in eligible activities occurring prior to
22  July 1, 2021 (the effective date of Public Act 101-652).
23  (4.5) The rules and regulations on sentence credit shall
24  also provide that when the court's sentencing order recommends
25  a prisoner for substance abuse treatment and the crime was
26  committed on or after September 1, 2003 (the effective date of

 

 

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1  Public Act 93-354), the prisoner shall receive no sentence
2  credit awarded under clause (3) of this subsection (a) unless
3  he or she participates in and completes a substance abuse
4  treatment program. The Director of Corrections may waive the
5  requirement to participate in or complete a substance abuse
6  treatment program in specific instances if the prisoner is not
7  a good candidate for a substance abuse treatment program for
8  medical, programming, or operational reasons. Availability of
9  substance abuse treatment shall be subject to the limits of
10  fiscal resources appropriated by the General Assembly for
11  these purposes. If treatment is not available and the
12  requirement to participate and complete the treatment has not
13  been waived by the Director, the prisoner shall be placed on a
14  waiting list under criteria established by the Department. The
15  Director may allow a prisoner placed on a waiting list to
16  participate in and complete a substance abuse education class
17  or attend substance abuse self-help meetings in lieu of a
18  substance abuse treatment program. A prisoner on a waiting
19  list who is not placed in a substance abuse program prior to
20  release may be eligible for a waiver and receive sentence
21  credit under clause (3) of this subsection (a) at the
22  discretion of the Director.
23  (4.6) The rules and regulations on sentence credit shall
24  also provide that a prisoner who has been convicted of a sex
25  offense as defined in Section 2 of the Sex Offender
26  Registration Act shall receive no sentence credit unless he or

 

 

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1  she either has successfully completed or is participating in
2  sex offender treatment as defined by the Sex Offender
3  Management Board. However, prisoners who are waiting to
4  receive treatment, but who are unable to do so due solely to
5  the lack of resources on the part of the Department, may, at
6  either Director's sole discretion, be awarded sentence credit
7  at a rate as the Director shall determine.
8  (4.7) On or after January 1, 2018 (the effective date of
9  Public Act 100-3), sentence credit under paragraph (3), (4),
10  or (4.1) of this subsection (a) may be awarded to a prisoner
11  who is serving a sentence for an offense described in
12  paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
13  on or after January 1, 2018 (the effective date of Public Act
14  100-3); provided, the award of the credits under this
15  paragraph (4.7) shall not reduce the sentence of the prisoner
16  to less than the following amounts:
17  (i) 85% of his or her sentence if the prisoner is
18  required to serve 85% of his or her sentence; or
19  (ii) 60% of his or her sentence if the prisoner is
20  required to serve 75% of his or her sentence, except if the
21  prisoner is serving a sentence for gunrunning his or her
22  sentence shall not be reduced to less than 75%.
23  (iii) 100% of his or her sentence if the prisoner is
24  required to serve 100% of his or her sentence.
25  (5) Whenever the Department is to release any inmate
26  earlier than it otherwise would because of a grant of earned

 

 

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1  sentence credit under paragraph (3) of subsection (a) of this
2  Section given at any time during the term, the Department
3  shall give reasonable notice of the impending release not less
4  than 14 days prior to the date of the release to the State's
5  Attorney of the county where the prosecution of the inmate
6  took place, and if applicable, the State's Attorney of the
7  county into which the inmate will be released. The Department
8  must also make identification information and a recent photo
9  of the inmate being released accessible on the Internet by
10  means of a hyperlink labeled "Community Notification of Inmate
11  Early Release" on the Department's World Wide Web homepage.
12  The identification information shall include the inmate's:
13  name, any known alias, date of birth, physical
14  characteristics, commitment offense, and county where
15  conviction was imposed. The identification information shall
16  be placed on the website within 3 days of the inmate's release
17  and the information may not be removed until either:
18  completion of the first year of mandatory supervised release
19  or return of the inmate to custody of the Department.
20  (b) Whenever a person is or has been committed under
21  several convictions, with separate sentences, the sentences
22  shall be construed under Section 5-8-4 in granting and
23  forfeiting of sentence credit.
24  (c) (1) The Department shall prescribe rules and
25  regulations for revoking sentence credit, including revoking
26  sentence credit awarded under paragraph (3) of subsection (a)

 

 

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1  of this Section. The Department shall prescribe rules and
2  regulations establishing and requiring the use of a sanctions
3  matrix for revoking sentence credit. The Department shall
4  prescribe rules and regulations for suspending or reducing the
5  rate of accumulation of sentence credit for specific rule
6  violations, during imprisonment. These rules and regulations
7  shall provide that no inmate may be penalized more than one
8  year of sentence credit for any one infraction.
9  (2) When the Department seeks to revoke, suspend, or
10  reduce the rate of accumulation of any sentence credits for an
11  alleged infraction of its rules, it shall bring charges
12  therefor against the prisoner sought to be so deprived of
13  sentence credits before the Prisoner Review Board as provided
14  in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
15  amount of credit at issue exceeds 30 days, whether from one
16  infraction or cumulatively from multiple infractions arising
17  out of a single event, or when, during any 12-month period, the
18  cumulative amount of credit revoked exceeds 30 days except
19  where the infraction is committed or discovered within 60 days
20  of scheduled release. In those cases, the Department of
21  Corrections may revoke up to 30 days of sentence credit. The
22  Board may subsequently approve the revocation of additional
23  sentence credit, if the Department seeks to revoke sentence
24  credit in excess of 30 days. However, the Board shall not be
25  empowered to review the Department's decision with respect to
26  the loss of 30 days of sentence credit within any calendar year

 

 

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1  for any prisoner or to increase any penalty beyond the length
2  requested by the Department.
3  (3) The Director of Corrections or the Director of
4  Juvenile Justice, in appropriate cases, may restore sentence
5  credits which have been revoked, suspended, or reduced. The
6  Department shall prescribe rules and regulations governing the
7  restoration of sentence credits. These rules and regulations
8  shall provide for the automatic restoration of sentence
9  credits following a period in which the prisoner maintains a
10  record without a disciplinary violation.
11  Nothing contained in this Section shall prohibit the
12  Prisoner Review Board from ordering, pursuant to Section
13  3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
14  sentence imposed by the court that was not served due to the
15  accumulation of sentence credit.
16  (d) If a lawsuit is filed by a prisoner in an Illinois or
17  federal court against the State, the Department of
18  Corrections, or the Prisoner Review Board, or against any of
19  their officers or employees, and the court makes a specific
20  finding that a pleading, motion, or other paper filed by the
21  prisoner is frivolous, the Department of Corrections shall
22  conduct a hearing to revoke up to 180 days of sentence credit
23  by bringing charges against the prisoner sought to be deprived
24  of the sentence credits before the Prisoner Review Board as
25  provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
26  If the prisoner has not accumulated 180 days of sentence

 

 

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1  credit at the time of the finding, then the Prisoner Review
2  Board may revoke all sentence credit accumulated by the
3  prisoner.
4  For purposes of this subsection (d):
5  (1) "Frivolous" means that a pleading, motion, or
6  other filing which purports to be a legal document filed
7  by a prisoner in his or her lawsuit meets any or all of the
8  following criteria:
9  (A) it lacks an arguable basis either in law or in
10  fact;
11  (B) it is being presented for any improper
12  purpose, such as to harass or to cause unnecessary
13  delay or needless increase in the cost of litigation;
14  (C) the claims, defenses, and other legal
15  contentions therein are not warranted by existing law
16  or by a nonfrivolous argument for the extension,
17  modification, or reversal of existing law or the
18  establishment of new law;
19  (D) the allegations and other factual contentions
20  do not have evidentiary support or, if specifically so
21  identified, are not likely to have evidentiary support
22  after a reasonable opportunity for further
23  investigation or discovery; or
24  (E) the denials of factual contentions are not
25  warranted on the evidence, or if specifically so
26  identified, are not reasonably based on a lack of

 

 

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1  information or belief.
2  (2) "Lawsuit" means a motion pursuant to Section 116-3
3  of the Code of Criminal Procedure of 1963, a habeas corpus
4  action under Article X of the Code of Civil Procedure or
5  under federal law (28 U.S.C. 2254), a petition for claim
6  under the Court of Claims Act, an action under the federal
7  Civil Rights Act (42 U.S.C. 1983), or a second or
8  subsequent petition for post-conviction relief under
9  Article 122 of the Code of Criminal Procedure of 1963
10  whether filed with or without leave of court or a second or
11  subsequent petition for relief from judgment under Section
12  2-1401 of the Code of Civil Procedure.
13  (e) Nothing in Public Act 90-592 or 90-593 affects the
14  validity of Public Act 89-404.
15  (f) Whenever the Department is to release any inmate who
16  has been convicted of a violation of an order of protection
17  under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
18  the Criminal Code of 2012, earlier than it otherwise would
19  because of a grant of sentence credit, the Department, as a
20  condition of release, shall require that the person, upon
21  release, be placed under electronic surveillance as provided
22  in Section 5-8A-7 of this Code.
23  (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
24  102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
25  1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
26  eff. 7-1-24.)

 

 

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1  (Text of Section after amendment by P.A. 103-822)
2  Sec. 3-6-3. Rules and regulations for sentence credit.
3  (a)(1) The Department of Corrections shall prescribe rules
4  and regulations for awarding and revoking sentence credit for
5  persons committed to the Department of Corrections and the
6  Department of Juvenile Justice shall prescribe rules and
7  regulations for awarding and revoking sentence credit for
8  persons committed to the Department of Juvenile Justice under
9  Section 5-8-6 of the Unified Code of Corrections, which shall
10  be subject to review by the Prisoner Review Board.
11  (1.5) As otherwise provided by law, sentence credit may be
12  awarded for the following:
13  (A) successful completion of programming while in
14  custody of the Department of Corrections or the Department
15  of Juvenile Justice or while in custody prior to
16  sentencing;
17  (B) compliance with the rules and regulations of the
18  Department; or
19  (C) service to the institution, service to a
20  community, or service to the State.
21  (2) Except as provided in paragraph (4.7) of this
22  subsection (a), the rules and regulations on sentence credit
23  shall provide, with respect to offenses listed in clause (i),
24  (ii), or (iii) of this paragraph (2) committed on or after June
25  19, 1998 or with respect to the offense listed in clause (iv)

 

 

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1  of this paragraph (2) committed on or after June 23, 2005 (the
2  effective date of Public Act 94-71) or with respect to offense
3  listed in clause (vi) committed on or after June 1, 2008 (the
4  effective date of Public Act 95-625) or with respect to the
5  offense of unlawful possession of a firearm by a repeat felony
6  offender committed on or after August 2, 2005 (the effective
7  date of Public Act 94-398) or with respect to the offenses
8  listed in clause (v) of this paragraph (2) committed on or
9  after August 13, 2007 (the effective date of Public Act
10  95-134) or with respect to the offense of aggravated domestic
11  battery committed on or after July 23, 2010 (the effective
12  date of Public Act 96-1224) or with respect to the offense of
13  attempt to commit terrorism committed on or after January 1,
14  2013 (the effective date of Public Act 97-990), or with
15  respect to the offenses listed in clause (viii) of this
16  paragraph (2) committed on or after the effective date of this
17  amendatory Act of the 104th General Assembly the following:
18  (i) that a prisoner who is serving a term of
19  imprisonment for first degree murder or for the offense of
20  terrorism shall receive no sentence credit and shall serve
21  the entire sentence imposed by the court;
22  (ii) that a prisoner serving a sentence for attempt to
23  commit terrorism, attempt to commit first degree murder,
24  solicitation of murder, solicitation of murder for hire,
25  intentional homicide of an unborn child, predatory
26  criminal sexual assault of a child, aggravated criminal

 

 

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1  sexual assault, criminal sexual assault, aggravated
2  kidnapping, aggravated battery with a firearm as described
3  in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
4  or (e)(4) of Section 12-3.05, heinous battery as described
5  in Section 12-4.1 or subdivision (a)(2) of Section
6  12-3.05, unlawful possession of a firearm by a repeat
7  felony offender, aggravated battery of a senior citizen as
8  described in Section 12-4.6 or subdivision (a)(4) of
9  Section 12-3.05, or aggravated battery of a child as
10  described in Section 12-4.3 or subdivision (b)(1) of
11  Section 12-3.05 shall receive no more than 4.5 days of
12  sentence credit for each month of his or her sentence of
13  imprisonment;
14  (iii) that a prisoner serving a sentence for home
15  invasion, armed robbery, aggravated vehicular hijacking,
16  aggravated discharge of a firearm, or armed violence with
17  a category I weapon or category II weapon, when the court
18  has made and entered a finding, pursuant to subsection
19  (c-1) of Section 5-4-1 of this Code, that the conduct
20  leading to conviction for the enumerated offense resulted
21  in great bodily harm to a victim, shall receive no more
22  than 4.5 days of sentence credit for each month of his or
23  her sentence of imprisonment;
24  (iv) that a prisoner serving a sentence for aggravated
25  discharge of a firearm, whether or not the conduct leading
26  to conviction for the offense resulted in great bodily

 

 

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1  harm to the victim, shall receive no more than 4.5 days of
2  sentence credit for each month of his or her sentence of
3  imprisonment;
4  (v) that a person serving a sentence for gunrunning,
5  narcotics racketeering, controlled substance trafficking,
6  methamphetamine trafficking, drug-induced homicide,
7  aggravated methamphetamine-related child endangerment,
8  money laundering pursuant to clause (c) (4) or (5) of
9  Section 29B-1 of the Criminal Code of 1961 or the Criminal
10  Code of 2012, or a Class X felony conviction for delivery
11  of a controlled substance, possession of a controlled
12  substance with intent to manufacture or deliver,
13  calculated criminal drug conspiracy, criminal drug
14  conspiracy, street gang criminal drug conspiracy,
15  participation in methamphetamine manufacturing,
16  aggravated participation in methamphetamine
17  manufacturing, delivery of methamphetamine, possession
18  with intent to deliver methamphetamine, aggravated
19  delivery of methamphetamine, aggravated possession with
20  intent to deliver methamphetamine, methamphetamine
21  conspiracy when the substance containing the controlled
22  substance or methamphetamine is 100 grams or more shall
23  receive no more than 7.5 days sentence credit for each
24  month of his or her sentence of imprisonment;
25  (vi) that a prisoner serving a sentence for a second
26  or subsequent offense of luring a minor shall receive no

 

 

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1  more than 4.5 days of sentence credit for each month of his
2  or her sentence of imprisonment; and
3  (vii) that a prisoner serving a sentence for
4  aggravated domestic battery shall receive no more than 4.5
5  days of sentence credit for each month of his or her
6  sentence of imprisonment; and .
7  (viii) that a prisoner serving a sentence for a hate
8  crime described in paragraph (2) or (3) of subsection
9  (b-6) of Section 12-7.1 of the Criminal Code of 2012 shall
10  receive no more than 4.5 days of sentence credit for each
11  month of his or her sentence of imprisonment.
12  (2.1) For all offenses, other than those enumerated in
13  subdivision (a)(2)(i), (ii), or (iii) committed on or after
14  June 19, 1998 or subdivision (a)(2)(iv) committed on or after
15  June 23, 2005 (the effective date of Public Act 94-71) or
16  subdivision (a)(2)(v) committed on or after August 13, 2007
17  (the effective date of Public Act 95-134) or subdivision
18  (a)(2)(vi) committed on or after June 1, 2008 (the effective
19  date of Public Act 95-625) or subdivision (a)(2)(vii)
20  committed on or after July 23, 2010 (the effective date of
21  Public Act 96-1224), and other than the offense of aggravated
22  driving under the influence of alcohol, other drug or drugs,
23  or intoxicating compound or compounds, or any combination
24  thereof as defined in subparagraph (F) of paragraph (1) of
25  subsection (d) of Section 11-501 of the Illinois Vehicle Code,
26  and other than the offense of aggravated driving under the

 

 

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1  influence of alcohol, other drug or drugs, or intoxicating
2  compound or compounds, or any combination thereof as defined
3  in subparagraph (C) of paragraph (1) of subsection (d) of
4  Section 11-501 of the Illinois Vehicle Code committed on or
5  after January 1, 2011 (the effective date of Public Act
6  96-1230), and other than the offenses described in subdivision
7  (a)(2)(viii) committed on or after the effective date of this
8  amendatory Act of the 104th General Assembly the rules and
9  regulations shall provide that a prisoner who is serving a
10  term of imprisonment shall receive one day of sentence credit
11  for each day of his or her sentence of imprisonment or
12  recommitment under Section 3-3-9. Each day of sentence credit
13  shall reduce by one day the prisoner's period of imprisonment
14  or recommitment under Section 3-3-9.
15  (2.2) A prisoner serving a term of natural life
16  imprisonment shall receive no sentence credit.
17  (2.3) Except as provided in paragraph (4.7) of this
18  subsection (a), the rules and regulations on sentence credit
19  shall provide that a prisoner who is serving a sentence for
20  aggravated driving under the influence of alcohol, other drug
21  or drugs, or intoxicating compound or compounds, or any
22  combination thereof as defined in subparagraph (F) of
23  paragraph (1) of subsection (d) of Section 11-501 of the
24  Illinois Vehicle Code, shall receive no more than 4.5 days of
25  sentence credit for each month of his or her sentence of
26  imprisonment.

 

 

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1  (2.4) Except as provided in paragraph (4.7) of this
2  subsection (a), the rules and regulations on sentence credit
3  shall provide with respect to the offenses of aggravated
4  battery with a machine gun or a firearm equipped with any
5  device or attachment designed or used for silencing the report
6  of a firearm or aggravated discharge of a machine gun or a
7  firearm equipped with any device or attachment designed or
8  used for silencing the report of a firearm, committed on or
9  after July 15, 1999 (the effective date of Public Act 91-121),
10  that a prisoner serving a sentence for any of these offenses
11  shall receive no more than 4.5 days of sentence credit for each
12  month of his or her sentence of imprisonment.
13  (2.5) Except as provided in paragraph (4.7) of this
14  subsection (a), the rules and regulations on sentence credit
15  shall provide that a prisoner who is serving a sentence for
16  aggravated arson committed on or after July 27, 2001 (the
17  effective date of Public Act 92-176) shall receive no more
18  than 4.5 days of sentence credit for each month of his or her
19  sentence of imprisonment.
20  (2.6) Except as provided in paragraph (4.7) of this
21  subsection (a), the rules and regulations on sentence credit
22  shall provide that a prisoner who is serving a sentence for
23  aggravated driving under the influence of alcohol, other drug
24  or drugs, or intoxicating compound or compounds or any
25  combination thereof as defined in subparagraph (C) of
26  paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1  Illinois Vehicle Code committed on or after January 1, 2011
2  (the effective date of Public Act 96-1230) shall receive no
3  more than 4.5 days of sentence credit for each month of his or
4  her sentence of imprisonment.
5  (3) In addition to the sentence credits earned under
6  paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
7  subsection (a), the rules and regulations shall also provide
8  that the Director of Corrections or the Director of Juvenile
9  Justice may award up to 180 days of earned sentence credit for
10  prisoners serving a sentence of incarceration of less than 5
11  years, and up to 365 days of earned sentence credit for
12  prisoners serving a sentence of 5 years or longer. The
13  Director may grant this credit for good conduct in specific
14  instances as either Director deems proper for eligible persons
15  in the custody of each Director's respective Department. The
16  good conduct may include, but is not limited to, compliance
17  with the rules and regulations of the Department, service to
18  the Department, service to a community, or service to the
19  State.
20  Eligible inmates for an award of earned sentence credit
21  under this paragraph (3) may be selected to receive the credit
22  at either Director's or his or her designee's sole discretion.
23  Eligibility for the additional earned sentence credit under
24  this paragraph (3) may be based on, but is not limited to,
25  participation in programming offered by the Department as
26  appropriate for the prisoner based on the results of any

 

 

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1  available risk/needs assessment or other relevant assessments
2  or evaluations administered by the Department using a
3  validated instrument, the circumstances of the crime,
4  demonstrated commitment to rehabilitation by a prisoner with a
5  history of conviction for a forcible felony enumerated in
6  Section 2-8 of the Criminal Code of 2012, the inmate's
7  behavior and improvements in disciplinary history while
8  incarcerated, and the inmate's commitment to rehabilitation,
9  including participation in programming offered by the
10  Department.
11  The Director of Corrections or the Director of Juvenile
12  Justice shall not award sentence credit under this paragraph
13  (3) to an inmate unless the inmate has served a minimum of 60
14  days of the sentence, including time served in a county jail;
15  except nothing in this paragraph shall be construed to permit
16  either Director to extend an inmate's sentence beyond that
17  which was imposed by the court. Prior to awarding credit under
18  this paragraph (3), each Director shall make a written
19  determination that the inmate:
20  (A) is eligible for the earned sentence credit;
21  (B) has served a minimum of 60 days, or as close to 60
22  days as the sentence will allow;
23  (B-1) has received a risk/needs assessment or other
24  relevant evaluation or assessment administered by the
25  Department using a validated instrument; and
26  (C) has met the eligibility criteria established by

 

 

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1  rule for earned sentence credit.
2  The Director of Corrections or the Director of Juvenile
3  Justice shall determine the form and content of the written
4  determination required in this subsection.
5  (3.5) The Department shall provide annual written reports
6  to the Governor and the General Assembly on the award of earned
7  sentence credit no later than February 1 of each year. The
8  Department must publish both reports on its website within 48
9  hours of transmitting the reports to the Governor and the
10  General Assembly. The reports must include:
11  (A) the number of inmates awarded earned sentence
12  credit;
13  (B) the average amount of earned sentence credit
14  awarded;
15  (C) the holding offenses of inmates awarded earned
16  sentence credit; and
17  (D) the number of earned sentence credit revocations.
18  (4)(A) Except as provided in paragraph (4.7) of this
19  subsection (a), the rules and regulations shall also provide
20  that any prisoner who is engaged full-time in substance abuse
21  programs, correctional industry assignments, educational
22  programs, work-release programs or activities in accordance
23  with Article 13 of Chapter III of this Code, behavior
24  modification programs, life skills courses, or re-entry
25  planning provided by the Department under this paragraph (4)
26  and satisfactorily completes the assigned program as

 

 

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1  determined by the standards of the Department, shall receive
2  one day of sentence credit for each day in which that prisoner
3  is engaged in the activities described in this paragraph. The
4  rules and regulations shall also provide that sentence credit
5  may be provided to an inmate who was held in pre-trial
6  detention prior to his or her current commitment to the
7  Department of Corrections and successfully completed a
8  full-time, 60-day or longer substance abuse program,
9  educational program, behavior modification program, life
10  skills course, or re-entry planning provided by the county
11  department of corrections or county jail. Calculation of this
12  county program credit shall be done at sentencing as provided
13  in Section 5-4.5-100 of this Code and shall be included in the
14  sentencing order. The rules and regulations shall also provide
15  that sentence credit may be provided to an inmate who is in
16  compliance with programming requirements in an adult
17  transition center.
18  (B) The Department shall award sentence credit under this
19  paragraph (4) accumulated prior to January 1, 2020 (the
20  effective date of Public Act 101-440) in an amount specified
21  in subparagraph (C) of this paragraph (4) to an inmate serving
22  a sentence for an offense committed prior to June 19, 1998, if
23  the Department determines that the inmate is entitled to this
24  sentence credit, based upon:
25  (i) documentation provided by the Department that the
26  inmate engaged in any full-time substance abuse programs,

 

 

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1  correctional industry assignments, educational programs,
2  behavior modification programs, life skills courses, or
3  re-entry planning provided by the Department under this
4  paragraph (4) and satisfactorily completed the assigned
5  program as determined by the standards of the Department
6  during the inmate's current term of incarceration; or
7  (ii) the inmate's own testimony in the form of an
8  affidavit or documentation, or a third party's
9  documentation or testimony in the form of an affidavit
10  that the inmate likely engaged in any full-time substance
11  abuse programs, correctional industry assignments,
12  educational programs, behavior modification programs, life
13  skills courses, or re-entry planning provided by the
14  Department under paragraph (4) and satisfactorily
15  completed the assigned program as determined by the
16  standards of the Department during the inmate's current
17  term of incarceration.
18  (C) If the inmate can provide documentation that he or she
19  is entitled to sentence credit under subparagraph (B) in
20  excess of 45 days of participation in those programs, the
21  inmate shall receive 90 days of sentence credit. If the inmate
22  cannot provide documentation of more than 45 days of
23  participation in those programs, the inmate shall receive 45
24  days of sentence credit. In the event of a disagreement
25  between the Department and the inmate as to the amount of
26  credit accumulated under subparagraph (B), if the Department

 

 

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1  provides documented proof of a lesser amount of days of
2  participation in those programs, that proof shall control. If
3  the Department provides no documentary proof, the inmate's
4  proof as set forth in clause (ii) of subparagraph (B) shall
5  control as to the amount of sentence credit provided.
6  (D) If the inmate has been convicted of a sex offense as
7  defined in Section 2 of the Sex Offender Registration Act,
8  sentencing credits under subparagraph (B) of this paragraph
9  (4) shall be awarded by the Department only if the conditions
10  set forth in paragraph (4.6) of subsection (a) are satisfied.
11  No inmate serving a term of natural life imprisonment shall
12  receive sentence credit under subparagraph (B) of this
13  paragraph (4).
14  (E) The rules and regulations shall provide for the
15  recalculation of program credits awarded pursuant to this
16  paragraph (4) prior to July 1, 2021 (the effective date of
17  Public Act 101-652) at the rate set for such credits on and
18  after July 1, 2021.
19  Educational, vocational, substance abuse, behavior
20  modification programs, life skills courses, re-entry planning,
21  and correctional industry programs under which sentence credit
22  may be earned under this paragraph (4) and paragraph (4.1) of
23  this subsection (a) shall be evaluated by the Department on
24  the basis of documented standards. The Department shall report
25  the results of these evaluations to the Governor and the
26  General Assembly by September 30th of each year. The reports

 

 

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1  shall include data relating to the recidivism rate among
2  program participants.
3  Availability of these programs shall be subject to the
4  limits of fiscal resources appropriated by the General
5  Assembly for these purposes. Eligible inmates who are denied
6  immediate admission shall be placed on a waiting list under
7  criteria established by the Department. The rules and
8  regulations shall provide that a prisoner who has been placed
9  on a waiting list but is transferred for non-disciplinary
10  reasons before beginning a program shall receive priority
11  placement on the waitlist for appropriate programs at the new
12  facility. The inability of any inmate to become engaged in any
13  such programs by reason of insufficient program resources or
14  for any other reason established under the rules and
15  regulations of the Department shall not be deemed a cause of
16  action under which the Department or any employee or agent of
17  the Department shall be liable for damages to the inmate. The
18  rules and regulations shall provide that a prisoner who begins
19  an educational, vocational, substance abuse, work-release
20  programs or activities in accordance with Article 13 of
21  Chapter III of this Code, behavior modification program, life
22  skills course, re-entry planning, or correctional industry
23  programs but is unable to complete the program due to illness,
24  disability, transfer, lockdown, or another reason outside of
25  the prisoner's control shall receive prorated sentence credits
26  for the days in which the prisoner did participate.

 

 

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1  (4.1) Except as provided in paragraph (4.7) of this
2  subsection (a), the rules and regulations shall also provide
3  that an additional 90 days of sentence credit shall be awarded
4  to any prisoner who passes high school equivalency testing
5  while the prisoner is committed to the Department of
6  Corrections. The sentence credit awarded under this paragraph
7  (4.1) shall be in addition to, and shall not affect, the award
8  of sentence credit under any other paragraph of this Section,
9  but shall also be pursuant to the guidelines and restrictions
10  set forth in paragraph (4) of subsection (a) of this Section.
11  The sentence credit provided for in this paragraph shall be
12  available only to those prisoners who have not previously
13  earned a high school diploma or a State of Illinois High School
14  Diploma. If, after an award of the high school equivalency
15  testing sentence credit has been made, the Department
16  determines that the prisoner was not eligible, then the award
17  shall be revoked. The Department may also award 90 days of
18  sentence credit to any committed person who passed high school
19  equivalency testing while he or she was held in pre-trial
20  detention prior to the current commitment to the Department of
21  Corrections. Except as provided in paragraph (4.7) of this
22  subsection (a), the rules and regulations shall provide that
23  an additional 120 days of sentence credit shall be awarded to
24  any prisoner who obtains an associate degree while the
25  prisoner is committed to the Department of Corrections,
26  regardless of the date that the associate degree was obtained,

 

 

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1  including if prior to July 1, 2021 (the effective date of
2  Public Act 101-652). The sentence credit awarded under this
3  paragraph (4.1) shall be in addition to, and shall not affect,
4  the award of sentence credit under any other paragraph of this
5  Section, but shall also be under the guidelines and
6  restrictions set forth in paragraph (4) of subsection (a) of
7  this Section. The sentence credit provided for in this
8  paragraph (4.1) shall be available only to those prisoners who
9  have not previously earned an associate degree prior to the
10  current commitment to the Department of Corrections. If, after
11  an award of the associate degree sentence credit has been made
12  and the Department determines that the prisoner was not
13  eligible, then the award shall be revoked. The Department may
14  also award 120 days of sentence credit to any committed person
15  who earned an associate degree while he or she was held in
16  pre-trial detention prior to the current commitment to the
17  Department of Corrections.
18  Except as provided in paragraph (4.7) of this subsection
19  (a), the rules and regulations shall provide that an
20  additional 180 days of sentence credit shall be awarded to any
21  prisoner who obtains a bachelor's degree while the prisoner is
22  committed to the Department of Corrections. The sentence
23  credit awarded under this paragraph (4.1) shall be in addition
24  to, and shall not affect, the award of sentence credit under
25  any other paragraph of this Section, but shall also be under
26  the guidelines and restrictions set forth in paragraph (4) of

 

 

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1  this subsection (a). The sentence credit provided for in this
2  paragraph shall be available only to those prisoners who have
3  not earned a bachelor's degree prior to the current commitment
4  to the Department of Corrections. If, after an award of the
5  bachelor's degree sentence credit has been made, the
6  Department determines that the prisoner was not eligible, then
7  the award shall be revoked. The Department may also award 180
8  days of sentence credit to any committed person who earned a
9  bachelor's degree while he or she was held in pre-trial
10  detention prior to the current commitment to the Department of
11  Corrections.
12  Except as provided in paragraph (4.7) of this subsection
13  (a), the rules and regulations shall provide that an
14  additional 180 days of sentence credit shall be awarded to any
15  prisoner who obtains a master's or professional degree while
16  the prisoner is committed to the Department of Corrections.
17  The sentence credit awarded under this paragraph (4.1) shall
18  be in addition to, and shall not affect, the award of sentence
19  credit under any other paragraph of this Section, but shall
20  also be under the guidelines and restrictions set forth in
21  paragraph (4) of this subsection (a). The sentence credit
22  provided for in this paragraph shall be available only to
23  those prisoners who have not previously earned a master's or
24  professional degree prior to the current commitment to the
25  Department of Corrections. If, after an award of the master's
26  or professional degree sentence credit has been made, the

 

 

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1  Department determines that the prisoner was not eligible, then
2  the award shall be revoked. The Department may also award 180
3  days of sentence credit to any committed person who earned a
4  master's or professional degree while he or she was held in
5  pre-trial detention prior to the current commitment to the
6  Department of Corrections.
7  (4.2)(A) The rules and regulations shall also provide that
8  any prisoner engaged in self-improvement programs, volunteer
9  work, or work assignments that are not otherwise eligible
10  activities under paragraph (4), shall receive up to 0.5 days
11  of sentence credit for each day in which the prisoner is
12  engaged in activities described in this paragraph.
13  (B) The rules and regulations shall provide for the award
14  of sentence credit under this paragraph (4.2) for qualifying
15  days of engagement in eligible activities occurring prior to
16  July 1, 2021 (the effective date of Public Act 101-652).
17  (4.5) The rules and regulations on sentence credit shall
18  also provide that when the court's sentencing order recommends
19  a prisoner for substance abuse treatment and the crime was
20  committed on or after September 1, 2003 (the effective date of
21  Public Act 93-354), the prisoner shall receive no sentence
22  credit awarded under clause (3) of this subsection (a) unless
23  he or she participates in and completes a substance abuse
24  treatment program. The Director of Corrections may waive the
25  requirement to participate in or complete a substance abuse
26  treatment program in specific instances if the prisoner is not

 

 

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1  a good candidate for a substance abuse treatment program for
2  medical, programming, or operational reasons. Availability of
3  substance abuse treatment shall be subject to the limits of
4  fiscal resources appropriated by the General Assembly for
5  these purposes. If treatment is not available and the
6  requirement to participate and complete the treatment has not
7  been waived by the Director, the prisoner shall be placed on a
8  waiting list under criteria established by the Department. The
9  Director may allow a prisoner placed on a waiting list to
10  participate in and complete a substance abuse education class
11  or attend substance abuse self-help meetings in lieu of a
12  substance abuse treatment program. A prisoner on a waiting
13  list who is not placed in a substance abuse program prior to
14  release may be eligible for a waiver and receive sentence
15  credit under clause (3) of this subsection (a) at the
16  discretion of the Director.
17  (4.6) The rules and regulations on sentence credit shall
18  also provide that a prisoner who has been convicted of a sex
19  offense as defined in Section 2 of the Sex Offender
20  Registration Act shall receive no sentence credit unless he or
21  she either has successfully completed or is participating in
22  sex offender treatment as defined by the Sex Offender
23  Management Board. However, prisoners who are waiting to
24  receive treatment, but who are unable to do so due solely to
25  the lack of resources on the part of the Department, may, at
26  either Director's sole discretion, be awarded sentence credit

 

 

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1  at a rate as the Director shall determine.
2  (4.7) On or after January 1, 2018 (the effective date of
3  Public Act 100-3), sentence credit under paragraph (3), (4),
4  or (4.1) of this subsection (a) may be awarded to a prisoner
5  who is serving a sentence for an offense described in
6  paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
7  on or after January 1, 2018 (the effective date of Public Act
8  100-3); provided, the award of the credits under this
9  paragraph (4.7) shall not reduce the sentence of the prisoner
10  to less than the following amounts:
11  (i) 85% of his or her sentence if the prisoner is
12  required to serve 85% of his or her sentence; or
13  (ii) 60% of his or her sentence if the prisoner is
14  required to serve 75% of his or her sentence, except if the
15  prisoner is serving a sentence for gunrunning his or her
16  sentence shall not be reduced to less than 75%.
17  (iii) 100% of his or her sentence if the prisoner is
18  required to serve 100% of his or her sentence.
19  (5) Whenever the Department is to release any inmate
20  earlier than it otherwise would because of a grant of earned
21  sentence credit under paragraph (3) of subsection (a) of this
22  Section given at any time during the term, the Department
23  shall give reasonable notice of the impending release not less
24  than 14 days prior to the date of the release to the State's
25  Attorney of the county where the prosecution of the inmate
26  took place, and if applicable, the State's Attorney of the

 

 

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1  county into which the inmate will be released. The Department
2  must also make identification information and a recent photo
3  of the inmate being released accessible on the Internet by
4  means of a hyperlink labeled "Community Notification of Inmate
5  Early Release" on the Department's World Wide Web homepage.
6  The identification information shall include the inmate's:
7  name, any known alias, date of birth, physical
8  characteristics, commitment offense, and county where
9  conviction was imposed. The identification information shall
10  be placed on the website within 3 days of the inmate's release
11  and the information may not be removed until either:
12  completion of the first year of mandatory supervised release
13  or return of the inmate to custody of the Department.
14  (b) Whenever a person is or has been committed under
15  several convictions, with separate sentences, the sentences
16  shall be construed under Section 5-8-4 in granting and
17  forfeiting of sentence credit.
18  (c) (1) The Department shall prescribe rules and
19  regulations for revoking sentence credit, including revoking
20  sentence credit awarded under paragraph (3) of subsection (a)
21  of this Section. The Department shall prescribe rules and
22  regulations establishing and requiring the use of a sanctions
23  matrix for revoking sentence credit. The Department shall
24  prescribe rules and regulations for suspending or reducing the
25  rate of accumulation of sentence credit for specific rule
26  violations, during imprisonment. These rules and regulations

 

 

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1  shall provide that no inmate may be penalized more than one
2  year of sentence credit for any one infraction.
3  (2) When the Department seeks to revoke, suspend, or
4  reduce the rate of accumulation of any sentence credits for an
5  alleged infraction of its rules, it shall bring charges
6  therefor against the prisoner sought to be so deprived of
7  sentence credits before the Prisoner Review Board as provided
8  in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
9  amount of credit at issue exceeds 30 days, whether from one
10  infraction or cumulatively from multiple infractions arising
11  out of a single event, or when, during any 12-month period, the
12  cumulative amount of credit revoked exceeds 30 days except
13  where the infraction is committed or discovered within 60 days
14  of scheduled release. In those cases, the Department of
15  Corrections may revoke up to 30 days of sentence credit. The
16  Board may subsequently approve the revocation of additional
17  sentence credit, if the Department seeks to revoke sentence
18  credit in excess of 30 days. However, the Board shall not be
19  empowered to review the Department's decision with respect to
20  the loss of 30 days of sentence credit within any calendar year
21  for any prisoner or to increase any penalty beyond the length
22  requested by the Department.
23  (3) The Director of Corrections or the Director of
24  Juvenile Justice, in appropriate cases, may restore sentence
25  credits which have been revoked, suspended, or reduced. The
26  Department shall prescribe rules and regulations governing the

 

 

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1  restoration of sentence credits. These rules and regulations
2  shall provide for the automatic restoration of sentence
3  credits following a period in which the prisoner maintains a
4  record without a disciplinary violation.
5  Nothing contained in this Section shall prohibit the
6  Prisoner Review Board from ordering, pursuant to Section
7  3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8  sentence imposed by the court that was not served due to the
9  accumulation of sentence credit.
10  (d) If a lawsuit is filed by a prisoner in an Illinois or
11  federal court against the State, the Department of
12  Corrections, or the Prisoner Review Board, or against any of
13  their officers or employees, and the court makes a specific
14  finding that a pleading, motion, or other paper filed by the
15  prisoner is frivolous, the Department of Corrections shall
16  conduct a hearing to revoke up to 180 days of sentence credit
17  by bringing charges against the prisoner sought to be deprived
18  of the sentence credits before the Prisoner Review Board as
19  provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
20  If the prisoner has not accumulated 180 days of sentence
21  credit at the time of the finding, then the Prisoner Review
22  Board may revoke all sentence credit accumulated by the
23  prisoner.
24  For purposes of this subsection (d):
25  (1) "Frivolous" means that a pleading, motion, or
26  other filing which purports to be a legal document filed

 

 

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1  by a prisoner in his or her lawsuit meets any or all of the
2  following criteria:
3  (A) it lacks an arguable basis either in law or in
4  fact;
5  (B) it is being presented for any improper
6  purpose, such as to harass or to cause unnecessary
7  delay or needless increase in the cost of litigation;
8  (C) the claims, defenses, and other legal
9  contentions therein are not warranted by existing law
10  or by a nonfrivolous argument for the extension,
11  modification, or reversal of existing law or the
12  establishment of new law;
13  (D) the allegations and other factual contentions
14  do not have evidentiary support or, if specifically so
15  identified, are not likely to have evidentiary support
16  after a reasonable opportunity for further
17  investigation or discovery; or
18  (E) the denials of factual contentions are not
19  warranted on the evidence, or if specifically so
20  identified, are not reasonably based on a lack of
21  information or belief.
22  (2) "Lawsuit" means a motion pursuant to Section 116-3
23  of the Code of Criminal Procedure of 1963, a habeas corpus
24  action under Article X of the Code of Civil Procedure or
25  under federal law (28 U.S.C. 2254), a petition for claim
26  under the Court of Claims Act, an action under the federal

 

 

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1  Civil Rights Act (42 U.S.C. 1983), or a second or
2  subsequent petition for post-conviction relief under
3  Article 122 of the Code of Criminal Procedure of 1963
4  whether filed with or without leave of court or a second or
5  subsequent petition for relief from judgment under Section
6  2-1401 of the Code of Civil Procedure.
7  (e) Nothing in Public Act 90-592 or 90-593 affects the
8  validity of Public Act 89-404.
9  (f) Whenever the Department is to release any inmate who
10  has been convicted of a violation of an order of protection
11  under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12  the Criminal Code of 2012, earlier than it otherwise would
13  because of a grant of sentence credit, the Department, as a
14  condition of release, shall require that the person, upon
15  release, be placed under electronic surveillance as provided
16  in Section 5-8A-7 of this Code.
17  (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
18  102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
19  1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
20  eff. 7-1-24; 103-822, eff. 1-1-25.)
21  (730 ILCS 5/5-5-3)
22  (Text of Section before amendment by P.A. 103-825)
23  Sec. 5-5-3. Disposition.
24  (a) (Blank).
25  (b) (Blank).

 

 

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1  (c)(1) (Blank).
2  (2) A period of probation, a term of periodic imprisonment
3  or conditional discharge shall not be imposed for the
4  following offenses. The court shall sentence the offender to
5  not less than the minimum term of imprisonment set forth in
6  this Code for the following offenses, and may order a fine or
7  restitution or both in conjunction with such term of
8  imprisonment:
9  (A) First degree murder.
10  (B) Attempted first degree murder.
11  (C) A Class X felony.
12  (D) A violation of Section 401.1 or 407 of the
13  Illinois Controlled Substances Act, or a violation of
14  subdivision (c)(1.5) of Section 401 of that Act which
15  relates to more than 5 grams of a substance containing
16  fentanyl or an analog thereof.
17  (D-5) A violation of subdivision (c)(1) of Section 401
18  of the Illinois Controlled Substances Act which relates to
19  3 or more grams of a substance containing heroin or an
20  analog thereof.
21  (E) (Blank).
22  (F) A Class 1 or greater felony if the offender had
23  been convicted of a Class 1 or greater felony, including
24  any state or federal conviction for an offense that
25  contained, at the time it was committed, the same elements
26  as an offense now (the date of the offense committed after

 

 

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1  the prior Class 1 or greater felony) classified as a Class
2  1 or greater felony, within 10 years of the date on which
3  the offender committed the offense for which he or she is
4  being sentenced, except as otherwise provided in Section
5  40-10 of the Substance Use Disorder Act.
6  (F-3) A Class 2 or greater felony sex offense or
7  felony firearm offense if the offender had been convicted
8  of a Class 2 or greater felony, including any state or
9  federal conviction for an offense that contained, at the
10  time it was committed, the same elements as an offense now
11  (the date of the offense committed after the prior Class 2
12  or greater felony) classified as a Class 2 or greater
13  felony, within 10 years of the date on which the offender
14  committed the offense for which he or she is being
15  sentenced, except as otherwise provided in Section 40-10
16  of the Substance Use Disorder Act.
17  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
18  of the Criminal Code of 1961 or the Criminal Code of 2012
19  for which imprisonment is prescribed in those Sections.
20  (G) Residential burglary, except as otherwise provided
21  in Section 40-10 of the Substance Use Disorder Act.
22  (H) Criminal sexual assault.
23  (I) Aggravated battery of a senior citizen as
24  described in Section 12-4.6 or subdivision (a)(4) of
25  Section 12-3.05 of the Criminal Code of 1961 or the
26  Criminal Code of 2012.

 

 

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1  (J) A forcible felony if the offense was related to
2  the activities of an organized gang.
3  Before July 1, 1994, for the purposes of this
4  paragraph, "organized gang" means an association of 5 or
5  more persons, with an established hierarchy, that
6  encourages members of the association to perpetrate crimes
7  or provides support to the members of the association who
8  do commit crimes.
9  Beginning July 1, 1994, for the purposes of this
10  paragraph, "organized gang" has the meaning ascribed to it
11  in Section 10 of the Illinois Streetgang Terrorism Omnibus
12  Prevention Act.
13  (K) Vehicular hijacking.
14  (L) A second or subsequent conviction for the offense
15  of hate crime when the underlying offense upon which the
16  hate crime is based is felony aggravated assault or felony
17  mob action.
18  (M) A second or subsequent conviction for the offense
19  of institutional vandalism if the damage to the property
20  exceeds $300.
21  (N) A Class 3 felony violation of paragraph (1) of
22  subsection (a) of Section 2 of the Firearm Owners
23  Identification Card Act.
24  (O) A violation of Section 12-6.1 or 12-6.5 of the
25  Criminal Code of 1961 or the Criminal Code of 2012.
26  (P) A violation of paragraph (1), (2), (3), (4), (5),

 

 

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1  or (7) of subsection (a) of Section 11-20.1 of the
2  Criminal Code of 1961 or the Criminal Code of 2012.
3  (P-5) A violation of paragraph (6) of subsection (a)
4  of Section 11-20.1 of the Criminal Code of 1961 or the
5  Criminal Code of 2012 if the victim is a household or
6  family member of the defendant.
7  (Q) A violation of subsection (b) or (b-5) of Section
8  20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
9  Code of 1961 or the Criminal Code of 2012.
10  (R) A violation of Section 24-3A of the Criminal Code
11  of 1961 or the Criminal Code of 2012.
12  (S) (Blank).
13  (T) (Blank).
14  (U) A second or subsequent violation of Section 6-303
15  of the Illinois Vehicle Code committed while his or her
16  driver's license, permit, or privilege was revoked because
17  of a violation of Section 9-3 of the Criminal Code of 1961
18  or the Criminal Code of 2012, relating to the offense of
19  reckless homicide, or a similar provision of a law of
20  another state.
21  (V) A violation of paragraph (4) of subsection (c) of
22  Section 11-20.1B or paragraph (4) of subsection (c) of
23  Section 11-20.3 of the Criminal Code of 1961, or paragraph
24  (6) of subsection (a) of Section 11-20.1 of the Criminal
25  Code of 2012 when the victim is under 13 years of age and
26  the defendant has previously been convicted under the laws

 

 

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1  of this State or any other state of the offense of child
2  pornography, aggravated child pornography, aggravated
3  criminal sexual abuse, aggravated criminal sexual assault,
4  predatory criminal sexual assault of a child, or any of
5  the offenses formerly known as rape, deviate sexual
6  assault, indecent liberties with a child, or aggravated
7  indecent liberties with a child where the victim was under
8  the age of 18 years or an offense that is substantially
9  equivalent to those offenses.
10  (W) A violation of Section 24-3.5 of the Criminal Code
11  of 1961 or the Criminal Code of 2012.
12  (X) A violation of subsection (a) of Section 31-1a of
13  the Criminal Code of 1961 or the Criminal Code of 2012.
14  (Y) A conviction for unlawful possession of a firearm
15  by a street gang member when the firearm was loaded or
16  contained firearm ammunition.
17  (Z) A Class 1 felony committed while he or she was
18  serving a term of probation or conditional discharge for a
19  felony.
20  (AA) Theft of property exceeding $500,000 and not
21  exceeding $1,000,000 in value.
22  (BB) Laundering of criminally derived property of a
23  value exceeding $500,000.
24  (CC) Knowingly selling, offering for sale, holding for
25  sale, or using 2,000 or more counterfeit items or
26  counterfeit items having a retail value in the aggregate

 

 

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1  of $500,000 or more.
2  (DD) A conviction for aggravated assault under
3  paragraph (6) of subsection (c) of Section 12-2 of the
4  Criminal Code of 1961 or the Criminal Code of 2012 if the
5  firearm is aimed toward the person against whom the
6  firearm is being used.
7  (EE) A conviction for a violation of paragraph (2) of
8  subsection (a) of Section 24-3B of the Criminal Code of
9  2012.
10  (3) (Blank).
11  (4) A minimum term of imprisonment of not less than 10
12  consecutive days or 30 days of community service shall be
13  imposed for a violation of paragraph (c) of Section 6-303 of
14  the Illinois Vehicle Code.
15  (4.1) (Blank).
16  (4.2) Except as provided in paragraphs (4.3) and (4.8) of
17  this subsection (c), a minimum of 100 hours of community
18  service shall be imposed for a second violation of Section
19  6-303 of the Illinois Vehicle Code.
20  (4.3) A minimum term of imprisonment of 30 days or 300
21  hours of community service, as determined by the court, shall
22  be imposed for a second violation of subsection (c) of Section
23  6-303 of the Illinois Vehicle Code.
24  (4.4) Except as provided in paragraphs (4.5), (4.6), and
25  (4.9) of this subsection (c), a minimum term of imprisonment
26  of 30 days or 300 hours of community service, as determined by

 

 

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1  the court, shall be imposed for a third or subsequent
2  violation of Section 6-303 of the Illinois Vehicle Code. The
3  court may give credit toward the fulfillment of community
4  service hours for participation in activities and treatment as
5  determined by court services.
6  (4.5) A minimum term of imprisonment of 30 days shall be
7  imposed for a third violation of subsection (c) of Section
8  6-303 of the Illinois Vehicle Code.
9  (4.6) Except as provided in paragraph (4.10) of this
10  subsection (c), a minimum term of imprisonment of 180 days
11  shall be imposed for a fourth or subsequent violation of
12  subsection (c) of Section 6-303 of the Illinois Vehicle Code.
13  (4.7) A minimum term of imprisonment of not less than 30
14  consecutive days, or 300 hours of community service, shall be
15  imposed for a violation of subsection (a-5) of Section 6-303
16  of the Illinois Vehicle Code, as provided in subsection (b-5)
17  of that Section.
18  (4.8) A mandatory prison sentence shall be imposed for a
19  second violation of subsection (a-5) of Section 6-303 of the
20  Illinois Vehicle Code, as provided in subsection (c-5) of that
21  Section. The person's driving privileges shall be revoked for
22  a period of not less than 5 years from the date of his or her
23  release from prison.
24  (4.9) A mandatory prison sentence of not less than 4 and
25  not more than 15 years shall be imposed for a third violation
26  of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1  Code, as provided in subsection (d-2.5) of that Section. The
2  person's driving privileges shall be revoked for the remainder
3  of his or her life.
4  (4.10) A mandatory prison sentence for a Class 1 felony
5  shall be imposed, and the person shall be eligible for an
6  extended term sentence, for a fourth or subsequent violation
7  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
8  Code, as provided in subsection (d-3.5) of that Section. The
9  person's driving privileges shall be revoked for the remainder
10  of his or her life.
11  (5) The court may sentence a corporation or unincorporated
12  association convicted of any offense to:
13  (A) a period of conditional discharge;
14  (B) a fine;
15  (C) make restitution to the victim under Section 5-5-6
16  of this Code.
17  (5.1) In addition to any other penalties imposed, and
18  except as provided in paragraph (5.2) or (5.3), a person
19  convicted of violating subsection (c) of Section 11-907 of the
20  Illinois Vehicle Code shall have his or her driver's license,
21  permit, or privileges suspended for at least 90 days but not
22  more than one year, if the violation resulted in damage to the
23  property of another person.
24  (5.2) In addition to any other penalties imposed, and
25  except as provided in paragraph (5.3), a person convicted of
26  violating subsection (c) of Section 11-907 of the Illinois

 

 

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1  Vehicle Code shall have his or her driver's license, permit,
2  or privileges suspended for at least 180 days but not more than
3  2 years, if the violation resulted in injury to another
4  person.
5  (5.3) In addition to any other penalties imposed, a person
6  convicted of violating subsection (c) of Section 11-907 of the
7  Illinois Vehicle Code shall have his or her driver's license,
8  permit, or privileges suspended for 2 years, if the violation
9  resulted in the death of another person.
10  (5.4) In addition to any other penalties imposed, a person
11  convicted of violating Section 3-707 of the Illinois Vehicle
12  Code shall have his or her driver's license, permit, or
13  privileges suspended for 3 months and until he or she has paid
14  a reinstatement fee of $100.
15  (5.5) In addition to any other penalties imposed, a person
16  convicted of violating Section 3-707 of the Illinois Vehicle
17  Code during a period in which his or her driver's license,
18  permit, or privileges were suspended for a previous violation
19  of that Section shall have his or her driver's license,
20  permit, or privileges suspended for an additional 6 months
21  after the expiration of the original 3-month suspension and
22  until he or she has paid a reinstatement fee of $100.
23  (6) (Blank).
24  (7) (Blank).
25  (8) (Blank).
26  (9) A defendant convicted of a second or subsequent

 

 

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1  offense of ritualized abuse of a child may be sentenced to a
2  term of natural life imprisonment.
3  (10) (Blank).
4  (11) The court shall impose a minimum fine of $1,000 for a
5  first offense and $2,000 for a second or subsequent offense
6  upon a person convicted of or placed on supervision for
7  battery when the individual harmed was a sports official or
8  coach at any level of competition and the act causing harm to
9  the sports official or coach occurred within an athletic
10  facility or within the immediate vicinity of the athletic
11  facility at which the sports official or coach was an active
12  participant of the athletic contest held at the athletic
13  facility. For the purposes of this paragraph (11), "sports
14  official" means a person at an athletic contest who enforces
15  the rules of the contest, such as an umpire or referee;
16  "athletic facility" means an indoor or outdoor playing field
17  or recreational area where sports activities are conducted;
18  and "coach" means a person recognized as a coach by the
19  sanctioning authority that conducted the sporting event.
20  (12) A person may not receive a disposition of court
21  supervision for a violation of Section 5-16 of the Boat
22  Registration and Safety Act if that person has previously
23  received a disposition of court supervision for a violation of
24  that Section.
25  (13) A person convicted of or placed on court supervision
26  for an assault or aggravated assault when the victim and the

 

 

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1  offender are family or household members as defined in Section
2  103 of the Illinois Domestic Violence Act of 1986 or convicted
3  of domestic battery or aggravated domestic battery may be
4  required to attend a Partner Abuse Intervention Program under
5  protocols set forth by the Illinois Department of Human
6  Services under such terms and conditions imposed by the court.
7  The costs of such classes shall be paid by the offender.
8  (d) In any case in which a sentence originally imposed is
9  vacated, the case shall be remanded to the trial court. The
10  trial court shall hold a hearing under Section 5-4-1 of this
11  Code which may include evidence of the defendant's life, moral
12  character and occupation during the time since the original
13  sentence was passed. The trial court shall then impose
14  sentence upon the defendant. The trial court may impose any
15  sentence which could have been imposed at the original trial
16  subject to Section 5-5-4 of this Code. If a sentence is vacated
17  on appeal or on collateral attack due to the failure of the
18  trier of fact at trial to determine beyond a reasonable doubt
19  the existence of a fact (other than a prior conviction)
20  necessary to increase the punishment for the offense beyond
21  the statutory maximum otherwise applicable, either the
22  defendant may be re-sentenced to a term within the range
23  otherwise provided or, if the State files notice of its
24  intention to again seek the extended sentence, the defendant
25  shall be afforded a new trial.
26  (e) In cases where prosecution for aggravated criminal

 

 

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1  sexual abuse under Section 11-1.60 or 12-16 of the Criminal
2  Code of 1961 or the Criminal Code of 2012 results in conviction
3  of a defendant who was a family member of the victim at the
4  time of the commission of the offense, the court shall
5  consider the safety and welfare of the victim and may impose a
6  sentence of probation only where:
7  (1) the court finds (A) or (B) or both are
8  appropriate:
9  (A) the defendant is willing to undergo a court
10  approved counseling program for a minimum duration of
11  2 years; or
12  (B) the defendant is willing to participate in a
13  court approved plan, including, but not limited to,
14  the defendant's:
15  (i) removal from the household;
16  (ii) restricted contact with the victim;
17  (iii) continued financial support of the
18  family;
19  (iv) restitution for harm done to the victim;
20  and
21  (v) compliance with any other measures that
22  the court may deem appropriate; and
23  (2) the court orders the defendant to pay for the
24  victim's counseling services, to the extent that the court
25  finds, after considering the defendant's income and
26  assets, that the defendant is financially capable of

 

 

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1  paying for such services, if the victim was under 18 years
2  of age at the time the offense was committed and requires
3  counseling as a result of the offense.
4  Probation may be revoked or modified pursuant to Section
5  5-6-4; except where the court determines at the hearing that
6  the defendant violated a condition of his or her probation
7  restricting contact with the victim or other family members or
8  commits another offense with the victim or other family
9  members, the court shall revoke the defendant's probation and
10  impose a term of imprisonment.
11  For the purposes of this Section, "family member" and
12  "victim" shall have the meanings ascribed to them in Section
13  11-0.1 of the Criminal Code of 2012.
14  (f) (Blank).
15  (g) Whenever a defendant is convicted of an offense under
16  Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
17  11-14.3, 11-14.4 except for an offense that involves keeping a
18  place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
19  11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
20  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
21  Criminal Code of 2012, the defendant shall undergo medical
22  testing to determine whether the defendant has any sexually
23  transmissible disease, including a test for infection with
24  human immunodeficiency virus (HIV) or any other identified
25  causative agent of acquired immunodeficiency syndrome (AIDS).
26  Any such medical test shall be performed only by appropriately

 

 

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1  licensed medical practitioners and may include an analysis of
2  any bodily fluids as well as an examination of the defendant's
3  person. Except as otherwise provided by law, the results of
4  such test shall be kept strictly confidential by all medical
5  personnel involved in the testing and must be personally
6  delivered in a sealed envelope to the judge of the court in
7  which the conviction was entered for the judge's inspection in
8  camera. Acting in accordance with the best interests of the
9  victim and the public, the judge shall have the discretion to
10  determine to whom, if anyone, the results of the testing may be
11  revealed. The court shall notify the defendant of the test
12  results. The court shall also notify the victim if requested
13  by the victim, and if the victim is under the age of 15 and if
14  requested by the victim's parents or legal guardian, the court
15  shall notify the victim's parents or legal guardian of the
16  test results. The court shall provide information on the
17  availability of HIV testing and counseling at Department of
18  Public Health facilities to all parties to whom the results of
19  the testing are revealed and shall direct the State's Attorney
20  to provide the information to the victim when possible. The
21  court shall order that the cost of any such test shall be paid
22  by the county and may be taxed as costs against the convicted
23  defendant.
24  (g-5) When an inmate is tested for an airborne
25  communicable disease, as determined by the Illinois Department
26  of Public Health, including, but not limited to, tuberculosis,

 

 

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1  the results of the test shall be personally delivered by the
2  warden or his or her designee in a sealed envelope to the judge
3  of the court in which the inmate must appear for the judge's
4  inspection in camera if requested by the judge. Acting in
5  accordance with the best interests of those in the courtroom,
6  the judge shall have the discretion to determine what if any
7  precautions need to be taken to prevent transmission of the
8  disease in the courtroom.
9  (h) Whenever a defendant is convicted of an offense under
10  Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
11  defendant shall undergo medical testing to determine whether
12  the defendant has been exposed to human immunodeficiency virus
13  (HIV) or any other identified causative agent of acquired
14  immunodeficiency syndrome (AIDS). Except as otherwise provided
15  by law, the results of such test shall be kept strictly
16  confidential by all medical personnel involved in the testing
17  and must be personally delivered in a sealed envelope to the
18  judge of the court in which the conviction was entered for the
19  judge's inspection in camera. Acting in accordance with the
20  best interests of the public, the judge shall have the
21  discretion to determine to whom, if anyone, the results of the
22  testing may be revealed. The court shall notify the defendant
23  of a positive test showing an infection with the human
24  immunodeficiency virus (HIV). The court shall provide
25  information on the availability of HIV testing and counseling
26  at Department of Public Health facilities to all parties to

 

 

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1  whom the results of the testing are revealed and shall direct
2  the State's Attorney to provide the information to the victim
3  when possible. The court shall order that the cost of any such
4  test shall be paid by the county and may be taxed as costs
5  against the convicted defendant.
6  (i) All fines and penalties imposed under this Section for
7  any violation of Chapters 3, 4, 6, and 11 of the Illinois
8  Vehicle Code, or a similar provision of a local ordinance, and
9  any violation of the Child Passenger Protection Act, or a
10  similar provision of a local ordinance, shall be collected and
11  disbursed by the circuit clerk as provided under the Criminal
12  and Traffic Assessment Act.
13  (j) In cases when prosecution for any violation of Section
14  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
15  11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
16  11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
17  11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
18  12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
19  Code of 2012, any violation of the Illinois Controlled
20  Substances Act, any violation of the Cannabis Control Act, or
21  any violation of the Methamphetamine Control and Community
22  Protection Act results in conviction, a disposition of court
23  supervision, or an order of probation granted under Section 10
24  of the Cannabis Control Act, Section 410 of the Illinois
25  Controlled Substances Act, or Section 70 of the
26  Methamphetamine Control and Community Protection Act of a

 

 

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1  defendant, the court shall determine whether the defendant is
2  employed by a facility or center as defined under the Child
3  Care Act of 1969, a public or private elementary or secondary
4  school, or otherwise works with children under 18 years of age
5  on a daily basis. When a defendant is so employed, the court
6  shall order the Clerk of the Court to send a copy of the
7  judgment of conviction or order of supervision or probation to
8  the defendant's employer by certified mail. If the employer of
9  the defendant is a school, the Clerk of the Court shall direct
10  the mailing of a copy of the judgment of conviction or order of
11  supervision or probation to the appropriate regional
12  superintendent of schools. The regional superintendent of
13  schools shall notify the State Board of Education of any
14  notification under this subsection.
15  (j-5) A defendant at least 17 years of age who is convicted
16  of a felony and who has not been previously convicted of a
17  misdemeanor or felony and who is sentenced to a term of
18  imprisonment in the Illinois Department of Corrections shall
19  as a condition of his or her sentence be required by the court
20  to attend educational courses designed to prepare the
21  defendant for a high school diploma and to work toward a high
22  school diploma or to work toward passing high school
23  equivalency testing or to work toward completing a vocational
24  training program offered by the Department of Corrections. If
25  a defendant fails to complete the educational training
26  required by his or her sentence during the term of

 

 

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1  incarceration, the Prisoner Review Board shall, as a condition
2  of mandatory supervised release, require the defendant, at his
3  or her own expense, to pursue a course of study toward a high
4  school diploma or passage of high school equivalency testing.
5  The Prisoner Review Board shall revoke the mandatory
6  supervised release of a defendant who wilfully fails to comply
7  with this subsection (j-5) upon his or her release from
8  confinement in a penal institution while serving a mandatory
9  supervised release term; however, the inability of the
10  defendant after making a good faith effort to obtain financial
11  aid or pay for the educational training shall not be deemed a
12  wilful failure to comply. The Prisoner Review Board shall
13  recommit the defendant whose mandatory supervised release term
14  has been revoked under this subsection (j-5) as provided in
15  Section 3-3-9. This subsection (j-5) does not apply to a
16  defendant who has a high school diploma or has successfully
17  passed high school equivalency testing. This subsection (j-5)
18  does not apply to a defendant who is determined by the court to
19  be a person with a developmental disability or otherwise
20  mentally incapable of completing the educational or vocational
21  program.
22  (k) (Blank).
23  (l)(A) Except as provided in paragraph (C) of subsection
24  (l), whenever a defendant, who is not a citizen or national of
25  the United States, is convicted of any felony or misdemeanor
26  offense, the court after sentencing the defendant may, upon

 

 

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1  motion of the State's Attorney, hold sentence in abeyance and
2  remand the defendant to the custody of the Attorney General of
3  the United States or his or her designated agent to be deported
4  when:
5  (1) a final order of deportation has been issued
6  against the defendant pursuant to proceedings under the
7  Immigration and Nationality Act, and
8  (2) the deportation of the defendant would not
9  deprecate the seriousness of the defendant's conduct and
10  would not be inconsistent with the ends of justice.
11  Otherwise, the defendant shall be sentenced as provided in
12  this Chapter V.
13  (B) If the defendant has already been sentenced for a
14  felony or misdemeanor offense, or has been placed on probation
15  under Section 10 of the Cannabis Control Act, Section 410 of
16  the Illinois Controlled Substances Act, or Section 70 of the
17  Methamphetamine Control and Community Protection Act, the
18  court may, upon motion of the State's Attorney to suspend the
19  sentence imposed, commit the defendant to the custody of the
20  Attorney General of the United States or his or her designated
21  agent when:
22  (1) a final order of deportation has been issued
23  against the defendant pursuant to proceedings under the
24  Immigration and Nationality Act, and
25  (2) the deportation of the defendant would not
26  deprecate the seriousness of the defendant's conduct and

 

 

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1  would not be inconsistent with the ends of justice.
2  (C) This subsection (l) does not apply to offenders who
3  are subject to the provisions of paragraph (2) of subsection
4  (a) of Section 3-6-3.
5  (D) Upon motion of the State's Attorney, if a defendant
6  sentenced under this Section returns to the jurisdiction of
7  the United States, the defendant shall be recommitted to the
8  custody of the county from which he or she was sentenced.
9  Thereafter, the defendant shall be brought before the
10  sentencing court, which may impose any sentence that was
11  available under Section 5-5-3 at the time of initial
12  sentencing. In addition, the defendant shall not be eligible
13  for additional earned sentence credit as provided under
14  Section 3-6-3.
15  (m) A person convicted of criminal defacement of property
16  under Section 21-1.3 of the Criminal Code of 1961 or the
17  Criminal Code of 2012, in which the property damage exceeds
18  $300 and the property damaged is a school building, shall be
19  ordered to perform community service that may include cleanup,
20  removal, or painting over the defacement.
21  (n) The court may sentence a person convicted of a
22  violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
23  subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
24  of 1961 or the Criminal Code of 2012 (i) to an impact
25  incarceration program if the person is otherwise eligible for
26  that program under Section 5-8-1.1, (ii) to community service,

 

 

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1  or (iii) if the person has a substance use disorder, as defined
2  in the Substance Use Disorder Act, to a treatment program
3  licensed under that Act.
4  (o) Whenever a person is convicted of a sex offense as
5  defined in Section 2 of the Sex Offender Registration Act, the
6  defendant's driver's license or permit shall be subject to
7  renewal on an annual basis in accordance with the provisions
8  of license renewal established by the Secretary of State.
9  (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
10  102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
11  1-1-24.)
12  (Text of Section after amendment by P.A. 103-825)
13  Sec. 5-5-3. Disposition.
14  (a) (Blank).
15  (b) (Blank).
16  (c)(1) (Blank).
17  (2) A period of probation, a term of periodic imprisonment
18  or conditional discharge shall not be imposed for the
19  following offenses. The court shall sentence the offender to
20  not less than the minimum term of imprisonment set forth in
21  this Code for the following offenses, and may order a fine or
22  restitution or both in conjunction with such term of
23  imprisonment:
24  (A) First degree murder.
25  (B) Attempted first degree murder.

 

 

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1  (C) A Class X felony.
2  (D) A violation of Section 401.1 or 407 of the
3  Illinois Controlled Substances Act, or a violation of
4  subdivision (c)(1.5) of Section 401 of that Act which
5  relates to more than 5 grams of a substance containing
6  fentanyl or an analog thereof.
7  (D-5) A violation of subdivision (c)(1) of Section 401
8  of the Illinois Controlled Substances Act which relates to
9  3 or more grams of a substance containing heroin or an
10  analog thereof.
11  (E) (Blank).
12  (F) A Class 1 or greater felony if the offender had
13  been convicted of a Class 1 or greater felony, including
14  any state or federal conviction for an offense that
15  contained, at the time it was committed, the same elements
16  as an offense now (the date of the offense committed after
17  the prior Class 1 or greater felony) classified as a Class
18  1 or greater felony, within 10 years of the date on which
19  the offender committed the offense for which he or she is
20  being sentenced, except as otherwise provided in Section
21  40-10 of the Substance Use Disorder Act.
22  (F-3) A Class 2 or greater felony sex offense or
23  felony firearm offense if the offender had been convicted
24  of a Class 2 or greater felony, including any state or
25  federal conviction for an offense that contained, at the
26  time it was committed, the same elements as an offense now

 

 

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1  (the date of the offense committed after the prior Class 2
2  or greater felony) classified as a Class 2 or greater
3  felony, within 10 years of the date on which the offender
4  committed the offense for which he or she is being
5  sentenced, except as otherwise provided in Section 40-10
6  of the Substance Use Disorder Act.
7  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
8  of the Criminal Code of 1961 or the Criminal Code of 2012
9  for which imprisonment is prescribed in those Sections.
10  (G) Residential burglary, except as otherwise provided
11  in Section 40-10 of the Substance Use Disorder Act.
12  (H) Criminal sexual assault.
13  (I) Aggravated battery of a senior citizen as
14  described in Section 12-4.6 or subdivision (a)(4) of
15  Section 12-3.05 of the Criminal Code of 1961 or the
16  Criminal Code of 2012.
17  (J) A forcible felony if the offense was related to
18  the activities of an organized gang.
19  Before July 1, 1994, for the purposes of this
20  paragraph, "organized gang" means an association of 5 or
21  more persons, with an established hierarchy, that
22  encourages members of the association to perpetrate crimes
23  or provides support to the members of the association who
24  do commit crimes.
25  Beginning July 1, 1994, for the purposes of this
26  paragraph, "organized gang" has the meaning ascribed to it

 

 

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1  in Section 10 of the Illinois Streetgang Terrorism Omnibus
2  Prevention Act.
3  (K) Vehicular hijacking.
4  (L) A second or subsequent conviction for the offense
5  of hate crime when the underlying offense upon which the
6  hate crime is based is felony aggravated assault or felony
7  mob action.
8  (M) A second or subsequent conviction for the offense
9  of institutional vandalism if the damage to the property
10  exceeds $300.
11  (N) A Class 3 felony violation of paragraph (1) of
12  subsection (a) of Section 2 of the Firearm Owners
13  Identification Card Act.
14  (O) A violation of Section 12-6.1 or 12-6.5 of the
15  Criminal Code of 1961 or the Criminal Code of 2012.
16  (P) A violation of paragraph (1), (2), (3), (4), (5),
17  or (7) of subsection (a) of Section 11-20.1 of the
18  Criminal Code of 1961 or the Criminal Code of 2012.
19  (P-5) A violation of paragraph (6) of subsection (a)
20  of Section 11-20.1 of the Criminal Code of 1961 or the
21  Criminal Code of 2012 if the victim is a household or
22  family member of the defendant.
23  (P-6) A violation of paragraph (2) of subsection (b)
24  of Section 11-20.4 of the Criminal Code of 2012.
25  (Q) A violation of subsection (b) or (b-5) of Section
26  20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

 

 

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1  Code of 1961 or the Criminal Code of 2012.
2  (R) A violation of Section 24-3A of the Criminal Code
3  of 1961 or the Criminal Code of 2012.
4  (S) (Blank).
5  (T) (Blank).
6  (U) A second or subsequent violation of Section 6-303
7  of the Illinois Vehicle Code committed while his or her
8  driver's license, permit, or privilege was revoked because
9  of a violation of Section 9-3 of the Criminal Code of 1961
10  or the Criminal Code of 2012, relating to the offense of
11  reckless homicide, or a similar provision of a law of
12  another state.
13  (V) A violation of paragraph (4) of subsection (c) of
14  Section 11-20.1B or paragraph (4) of subsection (c) of
15  Section 11-20.3 of the Criminal Code of 1961, or paragraph
16  (6) of subsection (a) of Section 11-20.1 of the Criminal
17  Code of 2012 when the victim is under 13 years of age and
18  the defendant has previously been convicted under the laws
19  of this State or any other state of the offense of child
20  pornography, aggravated child pornography, aggravated
21  criminal sexual abuse, aggravated criminal sexual assault,
22  predatory criminal sexual assault of a child, or any of
23  the offenses formerly known as rape, deviate sexual
24  assault, indecent liberties with a child, or aggravated
25  indecent liberties with a child where the victim was under
26  the age of 18 years or an offense that is substantially

 

 

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1  equivalent to those offenses.
2  (V-5) A violation of paragraph (1) of subsection (b)
3  of Section 11-20.4 of the Criminal Code of 2012 when the
4  victim is under 13 years of age and the defendant has
5  previously been convicted under the laws of this State or
6  any other state of the offense of child pornography,
7  aggravated child pornography, aggravated criminal sexual
8  abuse, aggravated criminal sexual assault, predatory
9  criminal sexual assault of a child, or any of the offenses
10  formerly known as rape, deviate sexual assault, indecent
11  liberties with a child, or aggravated indecent liberties
12  with a child if the victim was under the age of 18 years or
13  an offense that is substantially equivalent to those
14  offenses.
15  (W) A violation of Section 24-3.5 of the Criminal Code
16  of 1961 or the Criminal Code of 2012.
17  (X) A violation of subsection (a) of Section 31-1a of
18  the Criminal Code of 1961 or the Criminal Code of 2012.
19  (Y) A conviction for unlawful possession of a firearm
20  by a street gang member when the firearm was loaded or
21  contained firearm ammunition.
22  (Z) A Class 1 felony committed while he or she was
23  serving a term of probation or conditional discharge for a
24  felony.
25  (AA) Theft of property exceeding $500,000 and not
26  exceeding $1,000,000 in value.

 

 

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1  (BB) Laundering of criminally derived property of a
2  value exceeding $500,000.
3  (CC) Knowingly selling, offering for sale, holding for
4  sale, or using 2,000 or more counterfeit items or
5  counterfeit items having a retail value in the aggregate
6  of $500,000 or more.
7  (DD) A conviction for aggravated assault under
8  paragraph (6) of subsection (c) of Section 12-2 of the
9  Criminal Code of 1961 or the Criminal Code of 2012 if the
10  firearm is aimed toward the person against whom the
11  firearm is being used.
12  (EE) A conviction for a violation of paragraph (2) of
13  subsection (a) of Section 24-3B of the Criminal Code of
14  2012.
15  (FF) A conviction for a hate crime described in
16  subsection (b-6) of Section 12-7.1 of the Criminal Code of
17  2012.
18  (3) (Blank).
19  (4) A minimum term of imprisonment of not less than 10
20  consecutive days or 30 days of community service shall be
21  imposed for a violation of paragraph (c) of Section 6-303 of
22  the Illinois Vehicle Code.
23  (4.1) (Blank).
24  (4.2) Except as provided in paragraphs (4.3) and (4.8) of
25  this subsection (c), a minimum of 100 hours of community
26  service shall be imposed for a second violation of Section

 

 

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1  6-303 of the Illinois Vehicle Code.
2  (4.3) A minimum term of imprisonment of 30 days or 300
3  hours of community service, as determined by the court, shall
4  be imposed for a second violation of subsection (c) of Section
5  6-303 of the Illinois Vehicle Code.
6  (4.4) Except as provided in paragraphs (4.5), (4.6), and
7  (4.9) of this subsection (c), a minimum term of imprisonment
8  of 30 days or 300 hours of community service, as determined by
9  the court, shall be imposed for a third or subsequent
10  violation of Section 6-303 of the Illinois Vehicle Code. The
11  court may give credit toward the fulfillment of community
12  service hours for participation in activities and treatment as
13  determined by court services.
14  (4.5) A minimum term of imprisonment of 30 days shall be
15  imposed for a third violation of subsection (c) of Section
16  6-303 of the Illinois Vehicle Code.
17  (4.6) Except as provided in paragraph (4.10) of this
18  subsection (c), a minimum term of imprisonment of 180 days
19  shall be imposed for a fourth or subsequent violation of
20  subsection (c) of Section 6-303 of the Illinois Vehicle Code.
21  (4.7) A minimum term of imprisonment of not less than 30
22  consecutive days, or 300 hours of community service, shall be
23  imposed for a violation of subsection (a-5) of Section 6-303
24  of the Illinois Vehicle Code, as provided in subsection (b-5)
25  of that Section.
26  (4.8) A mandatory prison sentence shall be imposed for a

 

 

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1  second violation of subsection (a-5) of Section 6-303 of the
2  Illinois Vehicle Code, as provided in subsection (c-5) of that
3  Section. The person's driving privileges shall be revoked for
4  a period of not less than 5 years from the date of his or her
5  release from prison.
6  (4.9) A mandatory prison sentence of not less than 4 and
7  not more than 15 years shall be imposed for a third violation
8  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
9  Code, as provided in subsection (d-2.5) of that Section. The
10  person's driving privileges shall be revoked for the remainder
11  of his or her life.
12  (4.10) A mandatory prison sentence for a Class 1 felony
13  shall be imposed, and the person shall be eligible for an
14  extended term sentence, for a fourth or subsequent violation
15  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
16  Code, as provided in subsection (d-3.5) of that Section. The
17  person's driving privileges shall be revoked for the remainder
18  of his or her life.
19  (5) The court may sentence a corporation or unincorporated
20  association convicted of any offense to:
21  (A) a period of conditional discharge;
22  (B) a fine;
23  (C) make restitution to the victim under Section 5-5-6
24  of this Code.
25  (5.1) In addition to any other penalties imposed, and
26  except as provided in paragraph (5.2) or (5.3), a person

 

 

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1  convicted of violating subsection (c) of Section 11-907 of the
2  Illinois Vehicle Code shall have his or her driver's license,
3  permit, or privileges suspended for at least 90 days but not
4  more than one year, if the violation resulted in damage to the
5  property of another person.
6  (5.2) In addition to any other penalties imposed, and
7  except as provided in paragraph (5.3), a person convicted of
8  violating subsection (c) of Section 11-907 of the Illinois
9  Vehicle Code shall have his or her driver's license, permit,
10  or privileges suspended for at least 180 days but not more than
11  2 years, if the violation resulted in injury to another
12  person.
13  (5.3) In addition to any other penalties imposed, a person
14  convicted of violating subsection (c) of Section 11-907 of the
15  Illinois Vehicle Code shall have his or her driver's license,
16  permit, or privileges suspended for 2 years, if the violation
17  resulted in the death of another person.
18  (5.4) In addition to any other penalties imposed, a person
19  convicted of violating Section 3-707 of the Illinois Vehicle
20  Code shall have his or her driver's license, permit, or
21  privileges suspended for 3 months and until he or she has paid
22  a reinstatement fee of $100.
23  (5.5) In addition to any other penalties imposed, a person
24  convicted of violating Section 3-707 of the Illinois Vehicle
25  Code during a period in which his or her driver's license,
26  permit, or privileges were suspended for a previous violation

 

 

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1  of that Section shall have his or her driver's license,
2  permit, or privileges suspended for an additional 6 months
3  after the expiration of the original 3-month suspension and
4  until he or she has paid a reinstatement fee of $100.
5  (6) (Blank).
6  (7) (Blank).
7  (8) (Blank).
8  (9) A defendant convicted of a second or subsequent
9  offense of ritualized abuse of a child may be sentenced to a
10  term of natural life imprisonment.
11  (10) (Blank).
12  (11) The court shall impose a minimum fine of $1,000 for a
13  first offense and $2,000 for a second or subsequent offense
14  upon a person convicted of or placed on supervision for
15  battery when the individual harmed was a sports official or
16  coach at any level of competition and the act causing harm to
17  the sports official or coach occurred within an athletic
18  facility or within the immediate vicinity of the athletic
19  facility at which the sports official or coach was an active
20  participant of the athletic contest held at the athletic
21  facility. For the purposes of this paragraph (11), "sports
22  official" means a person at an athletic contest who enforces
23  the rules of the contest, such as an umpire or referee;
24  "athletic facility" means an indoor or outdoor playing field
25  or recreational area where sports activities are conducted;
26  and "coach" means a person recognized as a coach by the

 

 

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1  sanctioning authority that conducted the sporting event.
2  (12) A person may not receive a disposition of court
3  supervision for a violation of Section 5-16 of the Boat
4  Registration and Safety Act if that person has previously
5  received a disposition of court supervision for a violation of
6  that Section.
7  (13) A person convicted of or placed on court supervision
8  for an assault or aggravated assault when the victim and the
9  offender are family or household members as defined in Section
10  103 of the Illinois Domestic Violence Act of 1986 or convicted
11  of domestic battery or aggravated domestic battery may be
12  required to attend a Partner Abuse Intervention Program under
13  protocols set forth by the Illinois Department of Human
14  Services under such terms and conditions imposed by the court.
15  The costs of such classes shall be paid by the offender.
16  (d) In any case in which a sentence originally imposed is
17  vacated, the case shall be remanded to the trial court. The
18  trial court shall hold a hearing under Section 5-4-1 of this
19  Code which may include evidence of the defendant's life, moral
20  character and occupation during the time since the original
21  sentence was passed. The trial court shall then impose
22  sentence upon the defendant. The trial court may impose any
23  sentence which could have been imposed at the original trial
24  subject to Section 5-5-4 of this Code. If a sentence is vacated
25  on appeal or on collateral attack due to the failure of the
26  trier of fact at trial to determine beyond a reasonable doubt

 

 

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1  the existence of a fact (other than a prior conviction)
2  necessary to increase the punishment for the offense beyond
3  the statutory maximum otherwise applicable, either the
4  defendant may be re-sentenced to a term within the range
5  otherwise provided or, if the State files notice of its
6  intention to again seek the extended sentence, the defendant
7  shall be afforded a new trial.
8  (e) In cases where prosecution for aggravated criminal
9  sexual abuse under Section 11-1.60 or 12-16 of the Criminal
10  Code of 1961 or the Criminal Code of 2012 results in conviction
11  of a defendant who was a family member of the victim at the
12  time of the commission of the offense, the court shall
13  consider the safety and welfare of the victim and may impose a
14  sentence of probation only where:
15  (1) the court finds (A) or (B) or both are
16  appropriate:
17  (A) the defendant is willing to undergo a court
18  approved counseling program for a minimum duration of
19  2 years; or
20  (B) the defendant is willing to participate in a
21  court approved plan, including, but not limited to,
22  the defendant's:
23  (i) removal from the household;
24  (ii) restricted contact with the victim;
25  (iii) continued financial support of the
26  family;

 

 

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1  (iv) restitution for harm done to the victim;
2  and
3  (v) compliance with any other measures that
4  the court may deem appropriate; and
5  (2) the court orders the defendant to pay for the
6  victim's counseling services, to the extent that the court
7  finds, after considering the defendant's income and
8  assets, that the defendant is financially capable of
9  paying for such services, if the victim was under 18 years
10  of age at the time the offense was committed and requires
11  counseling as a result of the offense.
12  Probation may be revoked or modified pursuant to Section
13  5-6-4; except where the court determines at the hearing that
14  the defendant violated a condition of his or her probation
15  restricting contact with the victim or other family members or
16  commits another offense with the victim or other family
17  members, the court shall revoke the defendant's probation and
18  impose a term of imprisonment.
19  For the purposes of this Section, "family member" and
20  "victim" shall have the meanings ascribed to them in Section
21  11-0.1 of the Criminal Code of 2012.
22  (f) (Blank).
23  (g) Whenever a defendant is convicted of an offense under
24  Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
25  11-14.3, 11-14.4 except for an offense that involves keeping a
26  place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

 

 

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  HB0075 - 90 - LRB104 03325 RLC 13347 b
1  11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
3  Criminal Code of 2012, the defendant shall undergo medical
4  testing to determine whether the defendant has any sexually
5  transmissible disease, including a test for infection with
6  human immunodeficiency virus (HIV) or any other identified
7  causative agent of acquired immunodeficiency syndrome (AIDS).
8  Any such medical test shall be performed only by appropriately
9  licensed medical practitioners and may include an analysis of
10  any bodily fluids as well as an examination of the defendant's
11  person. Except as otherwise provided by law, the results of
12  such test shall be kept strictly confidential by all medical
13  personnel involved in the testing and must be personally
14  delivered in a sealed envelope to the judge of the court in
15  which the conviction was entered for the judge's inspection in
16  camera. Acting in accordance with the best interests of the
17  victim and the public, the judge shall have the discretion to
18  determine to whom, if anyone, the results of the testing may be
19  revealed. The court shall notify the defendant of the test
20  results. The court shall also notify the victim if requested
21  by the victim, and if the victim is under the age of 15 and if
22  requested by the victim's parents or legal guardian, the court
23  shall notify the victim's parents or legal guardian of the
24  test results. The court shall provide information on the
25  availability of HIV testing and counseling at Department of
26  Public Health facilities to all parties to whom the results of

 

 

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  HB0075 - 91 - LRB104 03325 RLC 13347 b
1  the testing are revealed and shall direct the State's Attorney
2  to provide the information to the victim when possible. The
3  court shall order that the cost of any such test shall be paid
4  by the county and may be taxed as costs against the convicted
5  defendant.
6  (g-5) When an inmate is tested for an airborne
7  communicable disease, as determined by the Illinois Department
8  of Public Health, including, but not limited to, tuberculosis,
9  the results of the test shall be personally delivered by the
10  warden or his or her designee in a sealed envelope to the judge
11  of the court in which the inmate must appear for the judge's
12  inspection in camera if requested by the judge. Acting in
13  accordance with the best interests of those in the courtroom,
14  the judge shall have the discretion to determine what if any
15  precautions need to be taken to prevent transmission of the
16  disease in the courtroom.
17  (h) Whenever a defendant is convicted of an offense under
18  Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
19  defendant shall undergo medical testing to determine whether
20  the defendant has been exposed to human immunodeficiency virus
21  (HIV) or any other identified causative agent of acquired
22  immunodeficiency syndrome (AIDS). Except as otherwise provided
23  by law, the results of such test shall be kept strictly
24  confidential by all medical personnel involved in the testing
25  and must be personally delivered in a sealed envelope to the
26  judge of the court in which the conviction was entered for the

 

 

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1  judge's inspection in camera. Acting in accordance with the
2  best interests of the public, the judge shall have the
3  discretion to determine to whom, if anyone, the results of the
4  testing may be revealed. The court shall notify the defendant
5  of a positive test showing an infection with the human
6  immunodeficiency virus (HIV). The court shall provide
7  information on the availability of HIV testing and counseling
8  at Department of Public Health facilities to all parties to
9  whom the results of the testing are revealed and shall direct
10  the State's Attorney to provide the information to the victim
11  when possible. The court shall order that the cost of any such
12  test shall be paid by the county and may be taxed as costs
13  against the convicted defendant.
14  (i) All fines and penalties imposed under this Section for
15  any violation of Chapters 3, 4, 6, and 11 of the Illinois
16  Vehicle Code, or a similar provision of a local ordinance, and
17  any violation of the Child Passenger Protection Act, or a
18  similar provision of a local ordinance, shall be collected and
19  disbursed by the circuit clerk as provided under the Criminal
20  and Traffic Assessment Act.
21  (j) In cases when prosecution for any violation of Section
22  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
23  11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
24  11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
25  11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
26  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

 

 

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  HB0075 - 93 - LRB104 03325 RLC 13347 b
1  Criminal Code of 2012, any violation of the Illinois
2  Controlled Substances Act, any violation of the Cannabis
3  Control Act, or any violation of the Methamphetamine Control
4  and Community Protection Act results in conviction, a
5  disposition of court supervision, or an order of probation
6  granted under Section 10 of the Cannabis Control Act, Section
7  410 of the Illinois Controlled Substances Act, or Section 70
8  of the Methamphetamine Control and Community Protection Act of
9  a defendant, the court shall determine whether the defendant
10  is employed by a facility or center as defined under the Child
11  Care Act of 1969, a public or private elementary or secondary
12  school, or otherwise works with children under 18 years of age
13  on a daily basis. When a defendant is so employed, the court
14  shall order the Clerk of the Court to send a copy of the
15  judgment of conviction or order of supervision or probation to
16  the defendant's employer by certified mail. If the employer of
17  the defendant is a school, the Clerk of the Court shall direct
18  the mailing of a copy of the judgment of conviction or order of
19  supervision or probation to the appropriate regional
20  superintendent of schools. The regional superintendent of
21  schools shall notify the State Board of Education of any
22  notification under this subsection.
23  (j-5) A defendant at least 17 years of age who is convicted
24  of a felony and who has not been previously convicted of a
25  misdemeanor or felony and who is sentenced to a term of
26  imprisonment in the Illinois Department of Corrections shall

 

 

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1  as a condition of his or her sentence be required by the court
2  to attend educational courses designed to prepare the
3  defendant for a high school diploma and to work toward a high
4  school diploma or to work toward passing high school
5  equivalency testing or to work toward completing a vocational
6  training program offered by the Department of Corrections. If
7  a defendant fails to complete the educational training
8  required by his or her sentence during the term of
9  incarceration, the Prisoner Review Board shall, as a condition
10  of mandatory supervised release, require the defendant, at his
11  or her own expense, to pursue a course of study toward a high
12  school diploma or passage of high school equivalency testing.
13  The Prisoner Review Board shall revoke the mandatory
14  supervised release of a defendant who wilfully fails to comply
15  with this subsection (j-5) upon his or her release from
16  confinement in a penal institution while serving a mandatory
17  supervised release term; however, the inability of the
18  defendant after making a good faith effort to obtain financial
19  aid or pay for the educational training shall not be deemed a
20  wilful failure to comply. The Prisoner Review Board shall
21  recommit the defendant whose mandatory supervised release term
22  has been revoked under this subsection (j-5) as provided in
23  Section 3-3-9. This subsection (j-5) does not apply to a
24  defendant who has a high school diploma or has successfully
25  passed high school equivalency testing. This subsection (j-5)
26  does not apply to a defendant who is determined by the court to

 

 

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1  be a person with a developmental disability or otherwise
2  mentally incapable of completing the educational or vocational
3  program.
4  (k) (Blank).
5  (l)(A) Except as provided in paragraph (C) of subsection
6  (l), whenever a defendant, who is not a citizen or national of
7  the United States, is convicted of any felony or misdemeanor
8  offense, the court after sentencing the defendant may, upon
9  motion of the State's Attorney, hold sentence in abeyance and
10  remand the defendant to the custody of the Attorney General of
11  the United States or his or her designated agent to be deported
12  when:
13  (1) a final order of deportation has been issued
14  against the defendant pursuant to proceedings under the
15  Immigration and Nationality Act, and
16  (2) the deportation of the defendant would not
17  deprecate the seriousness of the defendant's conduct and
18  would not be inconsistent with the ends of justice.
19  Otherwise, the defendant shall be sentenced as provided in
20  this Chapter V.
21  (B) If the defendant has already been sentenced for a
22  felony or misdemeanor offense, or has been placed on probation
23  under Section 10 of the Cannabis Control Act, Section 410 of
24  the Illinois Controlled Substances Act, or Section 70 of the
25  Methamphetamine Control and Community Protection Act, the
26  court may, upon motion of the State's Attorney to suspend the

 

 

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1  sentence imposed, commit the defendant to the custody of the
2  Attorney General of the United States or his or her designated
3  agent when:
4  (1) a final order of deportation has been issued
5  against the defendant pursuant to proceedings under the
6  Immigration and Nationality Act, and
7  (2) the deportation of the defendant would not
8  deprecate the seriousness of the defendant's conduct and
9  would not be inconsistent with the ends of justice.
10  (C) This subsection (l) does not apply to offenders who
11  are subject to the provisions of paragraph (2) of subsection
12  (a) of Section 3-6-3.
13  (D) Upon motion of the State's Attorney, if a defendant
14  sentenced under this Section returns to the jurisdiction of
15  the United States, the defendant shall be recommitted to the
16  custody of the county from which he or she was sentenced.
17  Thereafter, the defendant shall be brought before the
18  sentencing court, which may impose any sentence that was
19  available under Section 5-5-3 at the time of initial
20  sentencing. In addition, the defendant shall not be eligible
21  for additional earned sentence credit as provided under
22  Section 3-6-3.
23  (m) A person convicted of criminal defacement of property
24  under Section 21-1.3 of the Criminal Code of 1961 or the
25  Criminal Code of 2012, in which the property damage exceeds
26  $300 and the property damaged is a school building, shall be

 

 

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1  ordered to perform community service that may include cleanup,
2  removal, or painting over the defacement.
3  (n) The court may sentence a person convicted of a
4  violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
5  subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
6  of 1961 or the Criminal Code of 2012 (i) to an impact
7  incarceration program if the person is otherwise eligible for
8  that program under Section 5-8-1.1, (ii) to community service,
9  or (iii) if the person has a substance use disorder, as defined
10  in the Substance Use Disorder Act, to a treatment program
11  licensed under that Act.
12  (o) Whenever a person is convicted of a sex offense as
13  defined in Section 2 of the Sex Offender Registration Act, the
14  defendant's driver's license or permit shall be subject to
15  renewal on an annual basis in accordance with the provisions
16  of license renewal established by the Secretary of State.
17  (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
18  102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
19  1-1-24; 103-825, eff. 1-1-25.)
20  (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
21  (Text of Section before amendment by P.A. 103-825)
22  Sec. 5-8-1. Natural life imprisonment; enhancements for
23  use of a firearm; mandatory supervised release terms.
24  (a) Except as otherwise provided in the statute defining
25  the offense or in Article 4.5 of Chapter V, a sentence of

 

 

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  HB0075 - 98 - LRB104 03325 RLC 13347 b
1  imprisonment for a felony shall be a determinate sentence set
2  by the court under this Section, subject to Section 5-4.5-115
3  of this Code, according to the following limitations:
4  (1) for first degree murder,
5  (a) (blank),
6  (b) if a trier of fact finds beyond a reasonable
7  doubt that the murder was accompanied by exceptionally
8  brutal or heinous behavior indicative of wanton
9  cruelty or, except as set forth in subsection
10  (a)(1)(c) of this Section, that any of the aggravating
11  factors listed in subparagraph (b-5) are present, the
12  court may sentence the defendant, subject to Section
13  5-4.5-105, to a term of natural life imprisonment, or
14  (b-5) A defendant who at the time of the
15  commission of the offense has attained the age of 18 or
16  more and who has been found guilty of first degree
17  murder may be sentenced to a term of natural life
18  imprisonment if:
19  (1) the murdered individual was an inmate at
20  an institution or facility of the Department of
21  Corrections, or any similar local correctional
22  agency and was killed on the grounds thereof, or
23  the murdered individual was otherwise present in
24  such institution or facility with the knowledge
25  and approval of the chief administrative officer
26  thereof;

 

 

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  HB0075 - 99 - LRB104 03325 RLC 13347 b
1  (2) the murdered individual was killed as a
2  result of the hijacking of an airplane, train,
3  ship, bus, or other public conveyance;
4  (3) the defendant committed the murder
5  pursuant to a contract, agreement, or
6  understanding by which he or she was to receive
7  money or anything of value in return for
8  committing the murder or procured another to
9  commit the murder for money or anything of value;
10  (4) the murdered individual was killed in the
11  course of another felony if:
12  (A) the murdered individual:
13  (i) was actually killed by the
14  defendant, or
15  (ii) received physical injuries
16  personally inflicted by the defendant
17  substantially contemporaneously with
18  physical injuries caused by one or more
19  persons for whose conduct the defendant is
20  legally accountable under Section 5-2 of
21  this Code, and the physical injuries
22  inflicted by either the defendant or the
23  other person or persons for whose conduct
24  he is legally accountable caused the death
25  of the murdered individual; and (B) in
26  performing the acts which caused the death

 

 

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  HB0075 - 100 - LRB104 03325 RLC 13347 b
1  of the murdered individual or which
2  resulted in physical injuries personally
3  inflicted by the defendant on the murdered
4  individual under the circumstances of
5  subdivision (ii) of clause (A) of this
6  clause (4), the defendant acted with the
7  intent to kill the murdered individual or
8  with the knowledge that his or her acts
9  created a strong probability of death or
10  great bodily harm to the murdered
11  individual or another; and
12  (B) in performing the acts which caused
13  the death of the murdered individual or which
14  resulted in physical injuries personally
15  inflicted by the defendant on the murdered
16  individual under the circumstances of
17  subdivision (ii) of clause (A) of this clause
18  (4), the defendant acted with the intent to
19  kill the murdered individual or with the
20  knowledge that his or her acts created a
21  strong probability of death or great bodily
22  harm to the murdered individual or another;
23  and
24  (C) the other felony was an inherently
25  violent crime or the attempt to commit an
26  inherently violent crime. In this clause (C),

 

 

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HB0075- 101 -LRB104 03325 RLC 13347 b   HB0075 - 101 - LRB104 03325 RLC 13347 b
  HB0075 - 101 - LRB104 03325 RLC 13347 b
1  "inherently violent crime" includes, but is
2  not limited to, armed robbery, robbery,
3  predatory criminal sexual assault of a child,
4  aggravated criminal sexual assault, aggravated
5  kidnapping, aggravated vehicular hijacking,
6  aggravated arson, aggravated stalking,
7  residential burglary, and home invasion;
8  (5) the defendant committed the murder with
9  intent to prevent the murdered individual from
10  testifying or participating in any criminal
11  investigation or prosecution or giving material
12  assistance to the State in any investigation or
13  prosecution, either against the defendant or
14  another; or the defendant committed the murder
15  because the murdered individual was a witness in
16  any prosecution or gave material assistance to the
17  State in any investigation or prosecution, either
18  against the defendant or another; for purposes of
19  this clause (5), "participating in any criminal
20  investigation or prosecution" is intended to
21  include those appearing in the proceedings in any
22  capacity such as trial judges, prosecutors,
23  defense attorneys, investigators, witnesses, or
24  jurors;
25  (6) the defendant, while committing an offense
26  punishable under Section 401, 401.1, 401.2, 405,

 

 

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  HB0075 - 102 - LRB104 03325 RLC 13347 b
1  405.2, 407 or 407.1 or subsection (b) of Section
2  404 of the Illinois Controlled Substances Act, or
3  while engaged in a conspiracy or solicitation to
4  commit such offense, intentionally killed an
5  individual or counseled, commanded, induced,
6  procured or caused the intentional killing of the
7  murdered individual;
8  (7) the defendant was incarcerated in an
9  institution or facility of the Department of
10  Corrections at the time of the murder, and while
11  committing an offense punishable as a felony under
12  Illinois law, or while engaged in a conspiracy or
13  solicitation to commit such offense, intentionally
14  killed an individual or counseled, commanded,
15  induced, procured or caused the intentional
16  killing of the murdered individual;
17  (8) the murder was committed in a cold,
18  calculated and premeditated manner pursuant to a
19  preconceived plan, scheme or design to take a
20  human life by unlawful means, and the conduct of
21  the defendant created a reasonable expectation
22  that the death of a human being would result
23  therefrom;
24  (9) the defendant was a principal
25  administrator, organizer, or leader of a
26  calculated criminal drug conspiracy consisting of

 

 

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  HB0075 - 103 - LRB104 03325 RLC 13347 b
1  a hierarchical position of authority superior to
2  that of all other members of the conspiracy, and
3  the defendant counseled, commanded, induced,
4  procured, or caused the intentional killing of the
5  murdered person;
6  (10) the murder was intentional and involved
7  the infliction of torture. For the purpose of this
8  clause (10), torture means the infliction of or
9  subjection to extreme physical pain, motivated by
10  an intent to increase or prolong the pain,
11  suffering or agony of the victim;
12  (11) the murder was committed as a result of
13  the intentional discharge of a firearm by the
14  defendant from a motor vehicle and the victim was
15  not present within the motor vehicle;
16  (12) the murdered individual was a person with
17  a disability and the defendant knew or should have
18  known that the murdered individual was a person
19  with a disability. For purposes of this clause
20  (12), "person with a disability" means a person
21  who suffers from a permanent physical or mental
22  impairment resulting from disease, an injury, a
23  functional disorder, or a congenital condition
24  that renders the person incapable of adequately
25  providing for his or her own health or personal
26  care;

 

 

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  HB0075 - 104 - LRB104 03325 RLC 13347 b
1  (13) the murdered individual was subject to an
2  order of protection and the murder was committed
3  by a person against whom the same order of
4  protection was issued under the Illinois Domestic
5  Violence Act of 1986;
6  (14) the murdered individual was known by the
7  defendant to be a teacher or other person employed
8  in any school and the teacher or other employee is
9  upon the grounds of a school or grounds adjacent
10  to a school, or is in any part of a building used
11  for school purposes;
12  (15) the murder was committed by the defendant
13  in connection with or as a result of the offense of
14  terrorism as defined in Section 29D-14.9 of this
15  Code;
16  (16) the murdered individual was a member of a
17  congregation engaged in prayer or other religious
18  activities at a church, synagogue, mosque, or
19  other building, structure, or place used for
20  religious worship; or
21  (17)(i) the murdered individual was a
22  physician, physician assistant, psychologist,
23  nurse, or advanced practice registered nurse;
24  (ii) the defendant knew or should have known
25  that the murdered individual was a physician,
26  physician assistant, psychologist, nurse, or

 

 

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  HB0075 - 105 - LRB104 03325 RLC 13347 b
1  advanced practice registered nurse; and
2  (iii) the murdered individual was killed in
3  the course of acting in his or her capacity as a
4  physician, physician assistant, psychologist,
5  nurse, or advanced practice registered nurse, or
6  to prevent him or her from acting in that
7  capacity, or in retaliation for his or her acting
8  in that capacity.
9  (c) the court shall sentence the defendant to a
10  term of natural life imprisonment if the defendant, at
11  the time of the commission of the murder, had attained
12  the age of 18, and:
13  (i) has previously been convicted of first
14  degree murder under any state or federal law, or
15  (ii) is found guilty of murdering more than
16  one victim, or
17  (iii) is found guilty of murdering a peace
18  officer, fireman, or emergency management worker
19  when the peace officer, fireman, or emergency
20  management worker was killed in the course of
21  performing his official duties, or to prevent the
22  peace officer or fireman from performing his
23  official duties, or in retaliation for the peace
24  officer, fireman, or emergency management worker
25  from performing his official duties, and the
26  defendant knew or should have known that the

 

 

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  HB0075 - 106 - LRB104 03325 RLC 13347 b
1  murdered individual was a peace officer, fireman,
2  or emergency management worker, or
3  (iv) is found guilty of murdering an employee
4  of an institution or facility of the Department of
5  Corrections, or any similar local correctional
6  agency, when the employee was killed in the course
7  of performing his official duties, or to prevent
8  the employee from performing his official duties,
9  or in retaliation for the employee performing his
10  official duties, or
11  (v) is found guilty of murdering an emergency
12  medical technician - ambulance, emergency medical
13  technician - intermediate, emergency medical
14  technician - paramedic, ambulance driver or other
15  medical assistance or first aid person while
16  employed by a municipality or other governmental
17  unit when the person was killed in the course of
18  performing official duties or to prevent the
19  person from performing official duties or in
20  retaliation for performing official duties and the
21  defendant knew or should have known that the
22  murdered individual was an emergency medical
23  technician - ambulance, emergency medical
24  technician - intermediate, emergency medical
25  technician - paramedic, ambulance driver, or other
26  medical assistant or first aid personnel, or

 

 

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HB0075- 107 -LRB104 03325 RLC 13347 b   HB0075 - 107 - LRB104 03325 RLC 13347 b
  HB0075 - 107 - LRB104 03325 RLC 13347 b
1  (vi) (blank), or
2  (vii) is found guilty of first degree murder
3  and the murder was committed by reason of any
4  person's activity as a community policing
5  volunteer or to prevent any person from engaging
6  in activity as a community policing volunteer. For
7  the purpose of this Section, "community policing
8  volunteer" has the meaning ascribed to it in
9  Section 2-3.5 of the Criminal Code of 2012.
10  For purposes of clause (v), "emergency medical
11  technician - ambulance", "emergency medical technician -
12  intermediate", "emergency medical technician -
13  paramedic", have the meanings ascribed to them in the
14  Emergency Medical Services (EMS) Systems Act.
15  (d)(i) if the person committed the offense while
16  armed with a firearm, 15 years shall be added to
17  the term of imprisonment imposed by the court;
18  (ii) if, during the commission of the offense, the
19  person personally discharged a firearm, 20 years shall
20  be added to the term of imprisonment imposed by the
21  court;
22  (iii) if, during the commission of the offense,
23  the person personally discharged a firearm that
24  proximately caused great bodily harm, permanent
25  disability, permanent disfigurement, or death to
26  another person, 25 years or up to a term of natural

 

 

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  HB0075 - 108 - LRB104 03325 RLC 13347 b
1  life shall be added to the term of imprisonment
2  imposed by the court.
3  (2) (blank);
4  (2.5) for a person who has attained the age of 18 years
5  at the time of the commission of the offense and who is
6  convicted under the circumstances described in subdivision
7  (b)(1)(B) of Section 11-1.20 or paragraph (3) of
8  subsection (b) of Section 12-13, subdivision (d)(2) of
9  Section 11-1.30 or paragraph (2) of subsection (d) of
10  Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
11  paragraph (1.2) of subsection (b) of Section 12-14.1,
12  subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
13  subsection (b) of Section 12-14.1 of the Criminal Code of
14  1961 or the Criminal Code of 2012, the sentence shall be a
15  term of natural life imprisonment.
16  (b) (Blank).
17  (c) (Blank).
18  (d) Subject to earlier termination under Section 3-3-8,
19  the parole or mandatory supervised release term shall be
20  written as part of the sentencing order and shall be as
21  follows:
22  (1) for first degree murder or for the offenses of
23  predatory criminal sexual assault of a child, aggravated
24  criminal sexual assault, and criminal sexual assault if
25  committed on or before December 12, 2005, 3 years;
26  (1.5) except as provided in paragraph (7) of this

 

 

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  HB0075 - 109 - LRB104 03325 RLC 13347 b
1  subsection (d), for a Class X felony except for the
2  offenses of predatory criminal sexual assault of a child,
3  aggravated criminal sexual assault, and criminal sexual
4  assault if committed on or after December 13, 2005 (the
5  effective date of Public Act 94-715) and except for the
6  offense of aggravated child pornography under Section
7  11-20.1B, 11-20.3, or 11-20.1 with sentencing under
8  subsection (c-5) of Section 11-20.1 of the Criminal Code
9  of 1961 or the Criminal Code of 2012, if committed on or
10  after January 1, 2009, 18 months;
11  (2) except as provided in paragraph (7) of this
12  subsection (d), for a Class 1 felony or a Class 2 felony
13  except for the offense of criminal sexual assault if
14  committed on or after December 13, 2005 (the effective
15  date of Public Act 94-715) and except for the offenses of
16  manufacture and dissemination of child pornography under
17  clauses (a)(1) and (a)(2) of Section 11-20.1 of the
18  Criminal Code of 1961 or the Criminal Code of 2012, if
19  committed on or after January 1, 2009, 12 months;
20  (3) except as provided in paragraph (4), (6), or (7)
21  of this subsection (d), for a Class 3 felony or a Class 4
22  felony, 6 months; no later than 45 days after the onset of
23  the term of mandatory supervised release, the Prisoner
24  Review Board shall conduct a discretionary discharge
25  review pursuant to the provisions of Section 3-3-8, which
26  shall include the results of a standardized risk and needs

 

 

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  HB0075 - 110 - LRB104 03325 RLC 13347 b
1  assessment tool administered by the Department of
2  Corrections; the changes to this paragraph (3) made by
3  this amendatory Act of the 102nd General Assembly apply to
4  all individuals released on mandatory supervised release
5  on or after the effective date of this amendatory Act of
6  the 102nd General Assembly, including those individuals
7  whose sentences were imposed prior to the effective date
8  of this amendatory Act of the 102nd General Assembly;
9  (4) for defendants who commit the offense of predatory
10  criminal sexual assault of a child, aggravated criminal
11  sexual assault, or criminal sexual assault, on or after
12  December 13, 2005 (the effective date of Public Act
13  94-715), or who commit the offense of aggravated child
14  pornography under Section 11-20.1B, 11-20.3, or 11-20.1
15  with sentencing under subsection (c-5) of Section 11-20.1
16  of the Criminal Code of 1961 or the Criminal Code of 2012,
17  manufacture of child pornography, or dissemination of
18  child pornography after January 1, 2009, the term of
19  mandatory supervised release shall range from a minimum of
20  3 years to a maximum of the natural life of the defendant;
21  (5) if the victim is under 18 years of age, for a
22  second or subsequent offense of aggravated criminal sexual
23  abuse or felony criminal sexual abuse, 4 years, at least
24  the first 2 years of which the defendant shall serve in an
25  electronic monitoring or home detention program under
26  Article 8A of Chapter V of this Code;

 

 

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  HB0075 - 111 - LRB104 03325 RLC 13347 b
1  (6) for a felony domestic battery, aggravated domestic
2  battery, stalking, aggravated stalking, and a felony
3  violation of an order of protection, 4 years;
4  (7) for any felony described in paragraph (a)(2)(ii),
5  (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
6  (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
7  3-6-3 of the Unified Code of Corrections requiring an
8  inmate to serve a minimum of 85% of their court-imposed
9  sentence, except for the offenses of predatory criminal
10  sexual assault of a child, aggravated criminal sexual
11  assault, and criminal sexual assault if committed on or
12  after December 13, 2005 (the effective date of Public Act
13  94-715) and except for the offense of aggravated child
14  pornography under Section 11-20.1B, 11-20.3, or 11-20.1
15  with sentencing under subsection (c-5) of Section 11-20.1
16  of the Criminal Code of 1961 or the Criminal Code of 2012,
17  if committed on or after January 1, 2009 and except as
18  provided in paragraph (4) or paragraph (6) of this
19  subsection (d), the term of mandatory supervised release
20  shall be as follows:
21  (A) Class X felony, 3 years;
22  (B) Class 1 or Class 2 felonies, 2 years;
23  (C) Class 3 or Class 4 felonies, 1 year.
24  (e) (Blank).
25  (f) (Blank).
26  (g) Notwithstanding any other provisions of this Act and

 

 

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  HB0075 - 112 - LRB104 03325 RLC 13347 b
1  of Public Act 101-652: (i) the provisions of paragraph (3) of
2  subsection (d) are effective on July 1, 2022 and shall apply to
3  all individuals convicted on or after the effective date of
4  paragraph (3) of subsection (d); and (ii) the provisions of
5  paragraphs (1.5) and (2) of subsection (d) are effective on
6  July 1, 2021 and shall apply to all individuals convicted on or
7  after the effective date of paragraphs (1.5) and (2) of
8  subsection (d).
9  (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
10  102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
11  1-1-24.)
12  (Text of Section after amendment by P.A. 103-825)
13  Sec. 5-8-1. Natural life imprisonment; enhancements for
14  use of a firearm; mandatory supervised release terms.
15  (a) Except as otherwise provided in the statute defining
16  the offense or in Article 4.5 of Chapter V, a sentence of
17  imprisonment for a felony shall be a determinate sentence set
18  by the court under this Section, subject to Section 5-4.5-115
19  of this Code, according to the following limitations:
20  (1) for first degree murder,
21  (a) (blank),
22  (b) if a trier of fact finds beyond a reasonable
23  doubt that the murder was accompanied by exceptionally
24  brutal or heinous behavior indicative of wanton
25  cruelty or, except as set forth in subsection

 

 

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HB0075- 113 -LRB104 03325 RLC 13347 b   HB0075 - 113 - LRB104 03325 RLC 13347 b
  HB0075 - 113 - LRB104 03325 RLC 13347 b
1  (a)(1)(c) of this Section, that any of the aggravating
2  factors listed in subparagraph (b-5) are present or
3  that the murder was committed by reason of the actual
4  or perceived race, color, creed, religion, ancestry,
5  gender, sexual orientation, physical or mental
6  disability, citizenship, immigration status, or
7  national origin of another individual or group of
8  individuals of the victim or victims, the court may
9  sentence the defendant, subject to Section 5-4.5-105,
10  to a term of natural life imprisonment, or
11  (b-5) A defendant who at the time of the
12  commission of the offense has attained the age of 18 or
13  more and who has been found guilty of first degree
14  murder may be sentenced to a term of natural life
15  imprisonment if:
16  (1) the murdered individual was an inmate at
17  an institution or facility of the Department of
18  Corrections, or any similar local correctional
19  agency and was killed on the grounds thereof, or
20  the murdered individual was otherwise present in
21  such institution or facility with the knowledge
22  and approval of the chief administrative officer
23  thereof;
24  (2) the murdered individual was killed as a
25  result of the hijacking of an airplane, train,
26  ship, bus, or other public conveyance;

 

 

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  HB0075 - 114 - LRB104 03325 RLC 13347 b
1  (3) the defendant committed the murder
2  pursuant to a contract, agreement, or
3  understanding by which he or she was to receive
4  money or anything of value in return for
5  committing the murder or procured another to
6  commit the murder for money or anything of value;
7  (4) the murdered individual was killed in the
8  course of another felony if:
9  (A) the murdered individual:
10  (i) was actually killed by the
11  defendant, or
12  (ii) received physical injuries
13  personally inflicted by the defendant
14  substantially contemporaneously with
15  physical injuries caused by one or more
16  persons for whose conduct the defendant is
17  legally accountable under Section 5-2 of
18  this Code, and the physical injuries
19  inflicted by either the defendant or the
20  other person or persons for whose conduct
21  he is legally accountable caused the death
22  of the murdered individual; and (B) in
23  performing the acts which caused the death
24  of the murdered individual or which
25  resulted in physical injuries personally
26  inflicted by the defendant on the murdered

 

 

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  HB0075 - 115 - LRB104 03325 RLC 13347 b
1  individual under the circumstances of
2  subdivision (ii) of clause (A) of this
3  clause (4), the defendant acted with the
4  intent to kill the murdered individual or
5  with the knowledge that his or her acts
6  created a strong probability of death or
7  great bodily harm to the murdered
8  individual or another; and
9  (B) in performing the acts which caused
10  the death of the murdered individual or which
11  resulted in physical injuries personally
12  inflicted by the defendant on the murdered
13  individual under the circumstances of
14  subdivision (ii) of clause (A) of this clause
15  (4), the defendant acted with the intent to
16  kill the murdered individual or with the
17  knowledge that his or her acts created a
18  strong probability of death or great bodily
19  harm to the murdered individual or another;
20  and
21  (C) the other felony was an inherently
22  violent crime or the attempt to commit an
23  inherently violent crime. In this clause (C),
24  "inherently violent crime" includes, but is
25  not limited to, armed robbery, robbery,
26  predatory criminal sexual assault of a child,

 

 

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  HB0075 - 116 - LRB104 03325 RLC 13347 b
1  aggravated criminal sexual assault, aggravated
2  kidnapping, aggravated vehicular hijacking,
3  aggravated arson, aggravated stalking,
4  residential burglary, and home invasion;
5  (5) the defendant committed the murder with
6  intent to prevent the murdered individual from
7  testifying or participating in any criminal
8  investigation or prosecution or giving material
9  assistance to the State in any investigation or
10  prosecution, either against the defendant or
11  another; or the defendant committed the murder
12  because the murdered individual was a witness in
13  any prosecution or gave material assistance to the
14  State in any investigation or prosecution, either
15  against the defendant or another; for purposes of
16  this clause (5), "participating in any criminal
17  investigation or prosecution" is intended to
18  include those appearing in the proceedings in any
19  capacity such as trial judges, prosecutors,
20  defense attorneys, investigators, witnesses, or
21  jurors;
22  (6) the defendant, while committing an offense
23  punishable under Section 401, 401.1, 401.2, 405,
24  405.2, 407 or 407.1 or subsection (b) of Section
25  404 of the Illinois Controlled Substances Act, or
26  while engaged in a conspiracy or solicitation to

 

 

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1  commit such offense, intentionally killed an
2  individual or counseled, commanded, induced,
3  procured or caused the intentional killing of the
4  murdered individual;
5  (7) the defendant was incarcerated in an
6  institution or facility of the Department of
7  Corrections at the time of the murder, and while
8  committing an offense punishable as a felony under
9  Illinois law, or while engaged in a conspiracy or
10  solicitation to commit such offense, intentionally
11  killed an individual or counseled, commanded,
12  induced, procured or caused the intentional
13  killing of the murdered individual;
14  (8) the murder was committed in a cold,
15  calculated and premeditated manner pursuant to a
16  preconceived plan, scheme or design to take a
17  human life by unlawful means, and the conduct of
18  the defendant created a reasonable expectation
19  that the death of a human being would result
20  therefrom;
21  (9) the defendant was a principal
22  administrator, organizer, or leader of a
23  calculated criminal drug conspiracy consisting of
24  a hierarchical position of authority superior to
25  that of all other members of the conspiracy, and
26  the defendant counseled, commanded, induced,

 

 

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1  procured, or caused the intentional killing of the
2  murdered person;
3  (10) the murder was intentional and involved
4  the infliction of torture. For the purpose of this
5  clause (10), torture means the infliction of or
6  subjection to extreme physical pain, motivated by
7  an intent to increase or prolong the pain,
8  suffering or agony of the victim;
9  (11) the murder was committed as a result of
10  the intentional discharge of a firearm by the
11  defendant from a motor vehicle and the victim was
12  not present within the motor vehicle;
13  (12) the murdered individual was a person with
14  a disability and the defendant knew or should have
15  known that the murdered individual was a person
16  with a disability. For purposes of this clause
17  (12), "person with a disability" means a person
18  who suffers from a permanent physical or mental
19  impairment resulting from disease, an injury, a
20  functional disorder, or a congenital condition
21  that renders the person incapable of adequately
22  providing for his or her own health or personal
23  care;
24  (13) the murdered individual was subject to an
25  order of protection and the murder was committed
26  by a person against whom the same order of

 

 

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1  protection was issued under the Illinois Domestic
2  Violence Act of 1986;
3  (14) the murdered individual was known by the
4  defendant to be a teacher or other person employed
5  in any school and the teacher or other employee is
6  upon the grounds of a school or grounds adjacent
7  to a school, or is in any part of a building used
8  for school purposes;
9  (15) the murder was committed by the defendant
10  in connection with or as a result of the offense of
11  terrorism as defined in Section 29D-14.9 of this
12  Code;
13  (16) the murdered individual was a member of a
14  congregation engaged in prayer or other religious
15  activities at a church, synagogue, mosque, or
16  other building, structure, or place used for
17  religious worship; or
18  (17)(i) the murdered individual was a
19  physician, physician assistant, psychologist,
20  nurse, or advanced practice registered nurse;
21  (ii) the defendant knew or should have known
22  that the murdered individual was a physician,
23  physician assistant, psychologist, nurse, or
24  advanced practice registered nurse; and
25  (iii) the murdered individual was killed in
26  the course of acting in his or her capacity as a

 

 

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1  physician, physician assistant, psychologist,
2  nurse, or advanced practice registered nurse, or
3  to prevent him or her from acting in that
4  capacity, or in retaliation for his or her acting
5  in that capacity.
6  (c) the court shall sentence the defendant to a
7  term of natural life imprisonment if the defendant, at
8  the time of the commission of the murder, had attained
9  the age of 18, and:
10  (i) has previously been convicted of first
11  degree murder under any state or federal law, or
12  (ii) is found guilty of murdering more than
13  one victim, or
14  (iii) is found guilty of murdering a peace
15  officer, fireman, or emergency management worker
16  when the peace officer, fireman, or emergency
17  management worker was killed in the course of
18  performing his official duties, or to prevent the
19  peace officer or fireman from performing his
20  official duties, or in retaliation for the peace
21  officer, fireman, or emergency management worker
22  from performing his official duties, and the
23  defendant knew or should have known that the
24  murdered individual was a peace officer, fireman,
25  or emergency management worker, or
26  (iv) is found guilty of murdering an employee

 

 

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1  of an institution or facility of the Department of
2  Corrections, or any similar local correctional
3  agency, when the employee was killed in the course
4  of performing his official duties, or to prevent
5  the employee from performing his official duties,
6  or in retaliation for the employee performing his
7  official duties, or
8  (v) is found guilty of murdering an emergency
9  medical technician - ambulance, emergency medical
10  technician - intermediate, emergency medical
11  technician - paramedic, ambulance driver or other
12  medical assistance or first aid person while
13  employed by a municipality or other governmental
14  unit when the person was killed in the course of
15  performing official duties or to prevent the
16  person from performing official duties or in
17  retaliation for performing official duties and the
18  defendant knew or should have known that the
19  murdered individual was an emergency medical
20  technician - ambulance, emergency medical
21  technician - intermediate, emergency medical
22  technician - paramedic, ambulance driver, or other
23  medical assistant or first aid personnel, or
24  (vi) (blank), or
25  (vii) is found guilty of first degree murder
26  and the murder was committed by reason of any

 

 

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1  person's activity as a community policing
2  volunteer or to prevent any person from engaging
3  in activity as a community policing volunteer. For
4  the purpose of this Section, "community policing
5  volunteer" has the meaning ascribed to it in
6  Section 2-3.5 of the Criminal Code of 2012.
7  For purposes of clause (v), "emergency medical
8  technician - ambulance", "emergency medical technician -
9  intermediate", "emergency medical technician -
10  paramedic", have the meanings ascribed to them in the
11  Emergency Medical Services (EMS) Systems Act.
12  (d)(i) if the person committed the offense while
13  armed with a firearm, 15 years shall be added to
14  the term of imprisonment imposed by the court;
15  (ii) if, during the commission of the offense, the
16  person personally discharged a firearm, 20 years shall
17  be added to the term of imprisonment imposed by the
18  court;
19  (iii) if, during the commission of the offense,
20  the person personally discharged a firearm that
21  proximately caused great bodily harm, permanent
22  disability, permanent disfigurement, or death to
23  another person, 25 years or up to a term of natural
24  life shall be added to the term of imprisonment
25  imposed by the court.
26  (2) (blank);

 

 

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1  (2.5) for a person who has attained the age of 18 years
2  at the time of the commission of the offense and who is
3  convicted under the circumstances described in subdivision
4  (b)(1)(B) of Section 11-1.20 or paragraph (3) of
5  subsection (b) of Section 12-13, subdivision (d)(2) of
6  Section 11-1.30 or paragraph (2) of subsection (d) of
7  Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
8  paragraph (1.2) of subsection (b) of Section 12-14.1,
9  subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
10  subsection (b) of Section 12-14.1 of the Criminal Code of
11  1961 or the Criminal Code of 2012, the sentence shall be a
12  term of natural life imprisonment.
13  (b) (Blank).
14  (c) (Blank).
15  (d) Subject to earlier termination under Section 3-3-8,
16  the parole or mandatory supervised release term shall be
17  written as part of the sentencing order and shall be as
18  follows:
19  (1) for first degree murder or for the offenses of
20  predatory criminal sexual assault of a child, aggravated
21  criminal sexual assault, and criminal sexual assault if
22  committed on or before December 12, 2005, 3 years;
23  (1.5) except as provided in paragraph (7) of this
24  subsection (d), for a Class X felony except for the
25  offenses of predatory criminal sexual assault of a child,
26  aggravated criminal sexual assault, and criminal sexual

 

 

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1  assault if committed on or after December 13, 2005 (the
2  effective date of Public Act 94-715) and except for the
3  offense of aggravated child pornography under Section
4  11-20.1B, 11-20.3, or 11-20.1 with sentencing under
5  subsection (c-5) of Section 11-20.1 of the Criminal Code
6  of 1961 or the Criminal Code of 2012, if committed on or
7  after January 1, 2009, and except for the offense of
8  obscene depiction of a purported child with sentencing
9  under subsection (d) of Section 11-20.4 of the Criminal
10  Code of 2012, 18 months;
11  (2) except as provided in paragraph (7) of this
12  subsection (d), for a Class 1 felony or a Class 2 felony
13  except for the offense of criminal sexual assault if
14  committed on or after December 13, 2005 (the effective
15  date of Public Act 94-715) and except for the offenses of
16  manufacture and dissemination of child pornography under
17  clauses (a)(1) and (a)(2) of Section 11-20.1 of the
18  Criminal Code of 1961 or the Criminal Code of 2012, if
19  committed on or after January 1, 2009, and except for the
20  offense of obscene depiction of a purported child under
21  paragraph (2) of subsection (b) of Section 11-20.4 of the
22  Criminal Code of 2012, 12 months;
23  (3) except as provided in paragraph (4), (6), or (7)
24  of this subsection (d), for a Class 3 felony or a Class 4
25  felony, 6 months; no later than 45 days after the onset of
26  the term of mandatory supervised release, the Prisoner

 

 

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1  Review Board shall conduct a discretionary discharge
2  review pursuant to the provisions of Section 3-3-8, which
3  shall include the results of a standardized risk and needs
4  assessment tool administered by the Department of
5  Corrections; the changes to this paragraph (3) made by
6  this amendatory Act of the 102nd General Assembly apply to
7  all individuals released on mandatory supervised release
8  on or after the effective date of this amendatory Act of
9  the 102nd General Assembly, including those individuals
10  whose sentences were imposed prior to the effective date
11  of this amendatory Act of the 102nd General Assembly;
12  (4) for defendants who commit the offense of predatory
13  criminal sexual assault of a child, aggravated criminal
14  sexual assault, or criminal sexual assault, on or after
15  December 13, 2005 (the effective date of Public Act
16  94-715), or who commit the offense of aggravated child
17  pornography under Section 11-20.1B, 11-20.3, or 11-20.1
18  with sentencing under subsection (c-5) of Section 11-20.1
19  of the Criminal Code of 1961 or the Criminal Code of 2012,
20  manufacture of child pornography, or dissemination of
21  child pornography after January 1, 2009, or who commit the
22  offense of obscene depiction of a purported child under
23  paragraph (2) of subsection (b) of Section 11-20.4 of the
24  Criminal Code of 2012 or who commit the offense of obscene
25  depiction of a purported child with sentencing under
26  subsection (d) of Section 11-20.4 of the Criminal Code of

 

 

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1  2012, the term of mandatory supervised release shall range
2  from a minimum of 3 years to a maximum of the natural life
3  of the defendant;
4  (5) if the victim is under 18 years of age, for a
5  second or subsequent offense of aggravated criminal sexual
6  abuse or felony criminal sexual abuse, 4 years, at least
7  the first 2 years of which the defendant shall serve in an
8  electronic monitoring or home detention program under
9  Article 8A of Chapter V of this Code;
10  (6) for a felony domestic battery, aggravated domestic
11  battery, stalking, aggravated stalking, and a felony
12  violation of an order of protection, 4 years;
13  (7) for any felony described in paragraph (a)(2)(ii),
14  (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
15  (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
16  3-6-3 of the Unified Code of Corrections requiring an
17  inmate to serve a minimum of 85% of their court-imposed
18  sentence, except for the offenses of predatory criminal
19  sexual assault of a child, aggravated criminal sexual
20  assault, and criminal sexual assault if committed on or
21  after December 13, 2005 (the effective date of Public Act
22  94-715) and except for the offense of aggravated child
23  pornography under Section 11-20.1B, 11-20.3, or 11-20.1
24  with sentencing under subsection (c-5) of Section 11-20.1
25  of the Criminal Code of 1961 or the Criminal Code of 2012,
26  if committed on or after January 1, 2009, and except for

 

 

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1  the offense of obscene depiction of a purported child with
2  sentencing under subsection (d) of Section 11-20.4 of the
3  Criminal Code of 2012, and except as provided in paragraph
4  (4) or paragraph (6) of this subsection (d), the term of
5  mandatory supervised release shall be as follows:
6  (A) Class X felony, 3 years;
7  (B) Class 1 or Class 2 felonies, 2 years;
8  (C) Class 3 or Class 4 felonies, 1 year.
9  (e) (Blank).
10  (f) (Blank).
11  (g) Notwithstanding any other provisions of this Act and
12  of Public Act 101-652: (i) the provisions of paragraph (3) of
13  subsection (d) are effective on July 1, 2022 and shall apply to
14  all individuals convicted on or after the effective date of
15  paragraph (3) of subsection (d); and (ii) the provisions of
16  paragraphs (1.5) and (2) of subsection (d) are effective on
17  July 1, 2021 and shall apply to all individuals convicted on or
18  after the effective date of paragraphs (1.5) and (2) of
19  subsection (d).
20  (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
21  102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
22  1-1-24; 103-825, eff. 1-1-25.)
23  Section 95. No acceleration or delay. Where this Act makes
24  changes in a statute that is represented in this Act by text
25  that is not yet or no longer in effect (for example, a Section

 

 

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