Public Act 100-0003

SB1722 Enrolled LRB100 11347 RLC 21730 b

AN ACT concerning safe neighborhoods.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. This Act may be referred to as the Safe

Neighborhoods Reform Act.

Section 3. The Department of State Police Law of the Civil

Administrative Code of Illinois is amended by adding Section

2605-605 as follows:

(20 ILCS 2605/2605-605 new)

Sec. 2605-605. Violent Crime Intelligence Task Force.

The Director of State Police may establish a statewide

multi-jurisdictional Violent Crime Intelligence Task Force led

by the Department of State Police dedicated to combating gun

violence, gun-trafficking, and other violent crime with the

primary mission of preservation of life and reducing the

occurrence and the fear of crime. The objectives of the Task

Force shall include, but not be limited to, reducing and

preventing illegal possession and use of firearms,

firearm-related homicides, and other violent crimes.

(1) The Task Force may develop and acquire information,

training, tools, and resources necessary to implement a

data-driven approach to policing, with an emphasis on

intelligence development.

(2) The Task Force may utilize information sharing,

partnerships, crime analysis, and evidence-based practices to

assist in the reduction of firearm-related shootings,

homicides, and gun-trafficking.

(3) The Task Force may recognize and utilize best practices

of community policing and may develop potential partnerships

with faith-based and community organizations to achieve its

goals.

(4) The Task Force may identify and utilize best practices

in drug-diversion programs and other community-based services

to redirect low-level offenders.

(5) The Task Force may assist in violence suppression

strategies including, but not limited to, details in identified

locations that have shown to be the most prone to gun violence

and violent crime, focused deterrence against violent gangs and

groups considered responsible for the violence in communities,

and other intelligence driven methods deemed necessary to

interrupt cycles of violence or prevent retaliation.

(6) In consultation with the Chief Procurement Officer, the

Department of State Police may obtain contracts for software,

commodities, resources, and equipment to assist the Task Force

with achieving this Act. Any contracts necessary to support the

delivery of necessary software, commodities, resources, and

equipment are not subject to the Illinois Procurement Code,

except for Sections 20-60, 20-65, 20-70, and 20-160 and Article

50 of that Code, provided that the Chief Procurement Officer

may, in writing with justification, waive any certification

required under Article 50 of the Illinois Procurement Code.

Section 5. The Criminal Identification Act is amended by

changing Section 2.1 as follows:

(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)

Sec. 2.1. For the purpose of maintaining complete and

accurate criminal records of the Department of State Police, it

is necessary for all policing bodies of this State, the clerk

of the circuit court, the Illinois Department of Corrections,

the sheriff of each county, and State's Attorney of each county

to submit certain criminal arrest, charge, and disposition

information to the Department for filing at the earliest time

possible. Unless otherwise noted herein, it shall be the duty

of all policing bodies of this State, the clerk of the circuit

court, the Illinois Department of Corrections, the sheriff of

each county, and the State's Attorney of each county to report

such information as provided in this Section, both in the form

and manner required by the Department and within 30 days of the

criminal history event. Specifically:

(a) Arrest Information. All agencies making arrests for

offenses which are required by statute to be collected,

maintained or disseminated by the Department of State Police

shall be responsible for furnishing daily to the Department

fingerprints, charges and descriptions of all persons who are

arrested for such offenses. All such agencies shall also notify

the Department of all decisions by the arresting agency not to

refer such arrests for prosecution. With approval of the

Department, an agency making such arrests may enter into

arrangements with other agencies for the purpose of furnishing

daily such fingerprints, charges and descriptions to the

Department upon its behalf.

(b) Charge Information. The State's Attorney of each county

shall notify the Department of all charges filed and all

petitions filed alleging that a minor is delinquent, including

all those added subsequent to the filing of a case, and whether

charges were not filed in cases for which the Department has

received information required to be reported pursuant to

paragraph (a) of this Section. With approval of the Department,

the State's Attorney may enter into arrangements with other

agencies for the purpose of furnishing the information required

by this subsection (b) to the Department upon the State's

Attorney's behalf.

(c) Disposition Information. The clerk of the circuit court

of each county shall furnish the Department, in the form and

manner required by the Supreme Court, with all final

dispositions of cases for which the Department has received

information required to be reported pursuant to paragraph (a)

or (d) of this Section. Such information shall include, for

each charge, all (1) judgments of not guilty, judgments of

guilty including the sentence pronounced by the court with

statutory citations to the relevant sentencing provision,

findings that a minor is delinquent and any sentence made based

on those findings, discharges and dismissals in the court; (2)

reviewing court orders filed with the clerk of the circuit

court which reverse or remand a reported conviction or findings

that a minor is delinquent or that vacate or modify a sentence

or sentence made following a trial that a minor is delinquent;

(3) continuances to a date certain in furtherance of an order

of supervision granted under Section 5-6-1 of the Unified Code

of Corrections or an order of probation granted under Section

10 of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, Section 70 of the Methamphetamine

Control and Community Protection Act, Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 of the Criminal Code of

1961 or the Criminal Code of 2012, Section 10-102 of the

Illinois Alcoholism and Other Drug Dependency Act, Section

40-10 of the Alcoholism and Other Drug Abuse and Dependency

Act, Section 10 of the Steroid Control Act, or Section 5-615 of

the Juvenile Court Act of 1987; and (4) judgments or court

orders terminating or revoking a sentence to or juvenile

disposition of probation, supervision or conditional discharge

and any resentencing or new court orders entered by a juvenile

court relating to the disposition of a minor's case involving

delinquency after such revocation.

(d) Fingerprints After Sentencing.

(1) After the court pronounces sentence, sentences a

minor following a trial in which a minor was found to be

delinquent or issues an order of supervision or an order of

probation granted under Section 10 of the Cannabis Control

Act, Section 410 of the Illinois Controlled Substances Act,

Section 70 of the Methamphetamine Control and Community

Protection Act, Section 12-4.3 or subdivision (b)(1) of

Section 12-3.05 of the Criminal Code of 1961 or the

Criminal Code of 2012, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section 40-10 of

the Alcoholism and Other Drug Abuse and Dependency Act,

Section 10 of the Steroid Control Act, or Section 5-615 of

the Juvenile Court Act of 1987 for any offense which is

required by statute to be collected, maintained, or

disseminated by the Department of State Police, the State's

Attorney of each county shall ask the court to order a law

enforcement agency to fingerprint immediately all persons

appearing before the court who have not previously been

fingerprinted for the same case. The court shall so order

the requested fingerprinting, if it determines that any

such person has not previously been fingerprinted for the

same case. The law enforcement agency shall submit such

fingerprints to the Department daily.

(2) After the court pronounces sentence or makes a

disposition of a case following a finding of delinquency

for any offense which is not required by statute to be

collected, maintained, or disseminated by the Department

of State Police, the prosecuting attorney may ask the court

to order a law enforcement agency to fingerprint

immediately all persons appearing before the court who have

not previously been fingerprinted for the same case. The

court may so order the requested fingerprinting, if it

determines that any so sentenced person has not previously

been fingerprinted for the same case. The law enforcement

agency may retain such fingerprints in its files.

(e) Corrections Information. The Illinois Department of

Corrections and the sheriff of each county shall furnish the

Department with all information concerning the receipt,

escape, execution, death, release, pardon, parole, commutation

of sentence, granting of executive clemency or discharge of an

individual who has been sentenced or committed to the agency's

custody for any offenses which are mandated by statute to be

collected, maintained or disseminated by the Department of

State Police. For an individual who has been charged with any

such offense and who escapes from custody or dies while in

custody, all information concerning the receipt and escape or

death, whichever is appropriate, shall also be so furnished to

the Department.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 15. The Criminal Code of 2012 is amended by

changing Sections 19-1, 24-1.1, and 24-1.6 as follows:

(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)

Sec. 19-1. Burglary.

(a) A person commits burglary when without authority he or

she knowingly enters or without authority remains within a

building, housetrailer, watercraft, aircraft, motor vehicle,

railroad car, or any part thereof, with intent to commit

therein a felony or theft. This offense shall not include the

offenses set out in Section 4-102 of the Illinois Vehicle Code.

(b) Sentence.

Burglary committed in, and without causing damage to, a

watercraft, aircraft, motor vehicle, railroad car, or any part

thereof is a Class 3 felony. Burglary committed in a building,

housetrailer, or any part thereof or while causing damage to a

watercraft, aircraft, motor vehicle, railroad car, or any part

thereof is a Class 2 felony. A burglary committed in a school,

day care center, day care home, group day care home, or part

day child care facility, or place of worship is a Class 1

felony, except that this provision does not apply to a day care

center, day care home, group day care home, or part day child

care facility operated in a private residence used as a

dwelling.

(c) Regarding penalties prescribed in subsection (b) for

violations committed in a day care center, day care home, group

day care home, or part day child care facility, the time of

day, time of year, and whether children under 18 years of age

were present in the day care center, day care home, group day

care home, or part day child care facility are irrelevant.

(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)

(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

Sec. 24-1.1. Unlawful Use or Possession of Weapons by

Felons or Persons in the Custody of the Department of

Corrections Facilities.

(a) It is unlawful for a person to knowingly possess on or

about his person or on his land or in his own abode or fixed

place of business any weapon prohibited under Section 24-1 of

this Act or any firearm or any firearm ammunition if the person

has been convicted of a felony under the laws of this State or

any other jurisdiction. This Section shall not apply if the

person has been granted relief by the Director of the

Department of State Police under Section 10 of the Firearm

Owners Identification Card Act.

(b) It is unlawful for any person confined in a penal

institution, which is a facility of the Illinois Department of

Corrections, to possess any weapon prohibited under Section

24-1 of this Code or any firearm or firearm ammunition,

regardless of the intent with which he possesses it.

(c) It shall be an affirmative defense to a violation of

subsection (b), that such possession was specifically

authorized by rule, regulation, or directive of the Illinois

Department of Corrections or order issued pursuant thereto.

(d) The defense of necessity is not available to a person

who is charged with a violation of subsection (b) of this

Section.

(e) Sentence. Violation of this Section by a person not

confined in a penal institution shall be a Class 3 felony for

which the person shall be sentenced to no less than 2 years and

no more than 10 years. A and any second or subsequent violation

of this Section shall be a Class 2 felony for which the person

shall be sentenced to a term of imprisonment of not less than 3

years and not more than 14 years, except as provided for in

Section 5-4.5-110 of the Unified Code of Corrections. Violation

of this Section by a person not confined in a penal institution

who has been convicted of a forcible felony, a felony violation

of Article 24 of this Code or of the Firearm Owners

Identification Card Act, stalking or aggravated stalking, or a

Class 2 or greater felony under the Illinois Controlled

Substances Act, the Cannabis Control Act, or the

Methamphetamine Control and Community Protection Act is a Class

2 felony for which the person shall be sentenced to not less

than 3 years and not more than 14 years, except as provided for

in Section 5-4.5-110 of the Unified Code of Corrections.

Violation of this Section by a person who is on parole or

mandatory supervised release is a Class 2 felony for which the

person shall be sentenced to not less than 3 years and not more

than 14 years, except as provided for in Section 5-4.5-110 of

the Unified Code of Corrections. Violation of this Section by a

person not confined in a penal institution is a Class X felony

when the firearm possessed is a machine gun. Any person who

violates this Section while confined in a penal institution,

which is a facility of the Illinois Department of Corrections,

is guilty of a Class 1 felony, if he possesses any weapon

prohibited under Section 24-1 of this Code regardless of the

intent with which he possesses it, a Class X felony if he

possesses any firearm, firearm ammunition or explosive, and a

Class X felony for which the offender shall be sentenced to not

less than 12 years and not more than 50 years when the firearm

possessed is a machine gun. A violation of this Section while

wearing or in possession of body armor as defined in Section

33F-1 is a Class X felony punishable by a term of imprisonment

of not less than 10 years and not more than 40 years. The

possession of each firearm or firearm ammunition in violation

of this Section constitutes a single and separate violation.

(Source: P.A. 97-237, eff. 1-1-12.)

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use

of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except

when on his or her land or in his or her abode, legal

dwelling, or fixed place of business, or on the land or in

the legal dwelling of another person as an invitee with

that person's permission, any pistol, revolver, stun gun or

taser or other firearm; or

(2) Carries or possesses on or about his or her person,

upon any public street, alley, or other public lands within

the corporate limits of a city, village or incorporated

town, except when an invitee thereon or therein, for the

purpose of the display of such weapon or the lawful

commerce in weapons, or except when on his or her own land

or in his or her own abode, legal dwelling, or fixed place

of business, or on the land or in the legal dwelling of

another person as an invitee with that person's permission,

any pistol, revolver, stun gun or taser or other firearm;

and

(3) One of the following factors is present:

(A) the firearm, other than a pistol, revolver, or

handgun, possessed was uncased, loaded, and

immediately accessible at the time of the offense; or

(A-5) the pistol, revolver, or handgun possessed

was uncased, loaded, and immediately accessible at the

time of the offense and the person possessing the

pistol, revolver, or handgun has not been issued a

currently valid license under the Firearm Concealed

Carry Act; or

(B) the firearm, other than a pistol, revolver, or

handgun, possessed was uncased, unloaded, and the

ammunition for the weapon was immediately accessible

at the time of the offense; or

(B-5) the pistol, revolver, or handgun possessed

was uncased, unloaded, and the ammunition for the

weapon was immediately accessible at the time of the

offense and the person possessing the pistol,

revolver, or handgun has not been issued a currently

valid license under the Firearm Concealed Carry Act; or

(C) the person possessing the firearm has not been

issued a currently valid Firearm Owner's

Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the

Juvenile Court Act of 1987 for an act that if committed

by an adult would be a felony; or

(E) the person possessing the weapon was engaged in

a misdemeanor violation of the Cannabis Control Act, in

a misdemeanor violation of the Illinois Controlled

Substances Act, or in a misdemeanor violation of the

Methamphetamine Control and Community Protection Act;

or

(F) (blank); or

(G) the person possessing the weapon had an a order

of protection issued against him or her within the

previous 2 years; or

(H) the person possessing the weapon was engaged in

the commission or attempted commission of a

misdemeanor involving the use or threat of violence

against the person or property of another; or

(I) the person possessing the weapon was under 21

years of age and in possession of a handgun, unless the

person under 21 is engaged in lawful activities under

the Wildlife Code or described in subsection

24-2(b)(1), (b)(3), or 24-2(f).

(a-5) "Handgun" as used in this Section has the meaning

given to it in Section 5 of the Firearm Concealed Carry Act.

(b) "Stun gun or taser" as used in this Section has the

same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the

transportation or possession of weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a person

who has been issued a currently valid Firearm Owner's

Identification Card.

(d) Sentence.

(1) Aggravated unlawful use of a weapon is a Class 4

felony; a second or subsequent offense is a Class 2 felony

for which the person shall be sentenced to a term of

imprisonment of not less than 3 years and not more than 7

years, except as provided for in Section 5-4.5-110 of the

Unified Code of Corrections.

(2) Except as otherwise provided in paragraphs (3) and

(4) of this subsection (d), a first offense of aggravated

unlawful use of a weapon committed with a firearm by a

person 18 years of age or older where the factors listed in

both items (A) and (C) or both items (A-5) and (C) of

paragraph (3) of subsection (a) are present is a Class 4

felony, for which the person shall be sentenced to a term

of imprisonment of not less than one year and not more than

3 years.

(3) Aggravated unlawful use of a weapon by a person who

has been previously convicted of a felony in this State or

another jurisdiction is a Class 2 felony for which the

person shall be sentenced to a term of imprisonment of not

less than 3 years and not more than 7 years, except as

provided for in Section 5-4.5-110 of the Unified Code of

Corrections.

(4) Aggravated unlawful use of a weapon while wearing

or in possession of body armor as defined in Section 33F-1

by a person who has not been issued a valid Firearms

Owner's Identification Card in accordance with Section 5 of

the Firearm Owners Identification Card Act is a Class X

felony.

(e) The possession of each firearm in violation of this

Section constitutes a single and separate violation.

(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

Section 20. The Cannabis Control Act is amended by changing

Sections 5.2 and 10 as follows:

(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)

Sec. 5.2. Delivery of cannabis on school grounds.

(a) Any person who violates subsection (e) of Section 5 in

any school, on the real property comprising any school, or any

conveyance owned, leased or contracted by a school to transport

students to or from school or a school related activity, or on

any public way within 500 1,000 feet of the real property

comprising any school, or in any conveyance owned, leased or

contracted by a school to transport students to or from school

or a school related activity, and at the time of the violation

persons under the age of 18 are present, the offense is

committed during school hours, or the offense is committed at

times when persons under the age of 18 are reasonably expected

to be present in the school, in the conveyance, on the real

property, or on the public way, such as when after-school

activities are occurring, is guilty of a Class 1 felony, the

fine for which shall not exceed $200,000;

(b) Any person who violates subsection (d) of Section 5 in

any school, on the real property comprising any school, or any

conveyance owned, leased or contracted by a school to transport

students to or from school or a school related activity, or on

any public way within 500 1,000 feet of the real property

comprising any school, or in any conveyance owned, leased or

contracted by a school to transport students to or from school

or a school related activity, and at the time of the violation

persons under the age of 18 are present, the offense is

committed during school hours, or the offense is committed at

times when persons under the age of 18 are reasonably expected

to be present in the school, in the conveyance, on the real

property, or on the public way, such as when after-school

activities are occurring, is guilty of a Class 2 felony, the

fine for which shall not exceed $100,000;

(c) Any person who violates subsection (c) of Section 5 in

any school, on the real property comprising any school, or any

conveyance owned, leased or contracted by a school to transport

students to or from school or a school related activity, or on

any public way within 500 1,000 feet of the real property

comprising any school, or in any conveyance owned, leased or

contracted by a school to transport students to or from school

or a school related activity, and at the time of the violation

persons under the age of 18 are present, the offense is

committed during school hours, or the offense is committed at

times when persons under the age of 18 are reasonably expected

to be present in the school, in the conveyance, on the real

property, or on the public way, such as when after-school

activities are occurring, is guilty of a Class 3 felony, the

fine for which shall not exceed $50,000;

(d) Any person who violates subsection (b) of Section 5 in

any school, on the real property comprising any school, or any

conveyance owned, leased or contracted by a school to transport

students to or from school or a school related activity, or on

any public way within 500 1,000 feet of the real property

comprising any school, or in any conveyance owned, leased or

contracted by a school to transport students to or from school

or a school related activity, and at the time of the violation

persons under the age of 18 are present, the offense is

committed during school hours, or the offense is committed at

times when persons under the age of 18 are reasonably expected

to be present in the school, in the conveyance, on the real

property, or on the public way, such as when after-school

activities are occurring, is guilty of a Class 4 felony, the

fine for which shall not exceed $25,000;

(e) Any person who violates subsection (a) of Section 5 in

any school, on the real property comprising any school, or in

any conveyance owned, leased or contracted by a school to

transport students to or from school or a school related

activity, on any public way within 500 1,000 feet of the real

property comprising any school, or any conveyance owned, leased

or contracted by a school to transport students to or from

school or a school related activity, and at the time of the

violation persons under the age of 18 are present, the offense

is committed during school hours, or the offense is committed

at times when persons under the age of 18 are reasonably

expected to be present in the school, in the conveyance, on the

real property, or on the public way, such as when after-school

activities are occurring, is guilty of a Class A misdemeanor.

(Source: P.A. 87-544.)

(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

Sec. 10. (a) Whenever any person who has not previously

been convicted of, or placed on probation or court supervision

for, any felony offense under this Act or any law of the United

States or of any State relating to cannabis, or controlled

substances as defined in the Illinois Controlled Substances

Act, pleads guilty to or is found guilty of violating Sections

4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court

may, without entering a judgment and with the consent of such

person, sentence him to probation.

(b) When a person is placed on probation, the court shall

enter an order specifying a period of probation of 24 months,

and shall defer further proceedings in the case until the

conclusion of the period or until the filing of a petition

alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any jurisdiction; (2)

refrain from possession of a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner

as ordered by the court, but no less than 3 times during the

period of the probation, with the cost of the testing to be

paid by the probationer; and (4) perform no less than 30 hours

of community service, provided community service is available

in the jurisdiction and is funded and approved by the county

board.

(d) The court may, in addition to other conditions, require

that the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical or psychiatric treatment; or

treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other

dangerous weapon;

(7-5) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge such person and dismiss

the proceedings against him.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this Section is not a conviction for purposes of

disqualification or disabilities imposed by law upon

conviction of a crime (including the additional penalty imposed

for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)

of this Act).

(h) A person may not have more than one discharge Discharge

and dismissal under this Section within a 4-year period ,

Section 410 of the Illinois Controlled Substances Act, Section

70 of the Methamphetamine Control and Community Protection Act,

Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,

or subsection (c) of Section 11-14 of the Criminal Code of 1961

or the Criminal Code of 2012 may occur only once with respect

to any person.

(i) If a person is convicted of an offense under this Act,

the Illinois Controlled Substances Act, or the Methamphetamine

Control and Community Protection Act within 5 years subsequent

to a discharge and dismissal under this Section, the discharge

and dismissal under this Section shall be admissible in the

sentencing proceeding for that conviction as a factor in

aggravation.

(j) Notwithstanding subsection (a), before a person is

sentenced to probation under this Section, the court may refer

the person to the drug court established in that judicial

circuit pursuant to Section 15 of the Drug Court Treatment Act.

The drug court team shall evaluate the person's likelihood of

successfully completing a sentence of probation under this

Section and shall report the results of its evaluation to the

court. If the drug court team finds that the person suffers

from a substance abuse problem that makes him or her

substantially unlikely to successfully complete a sentence of

probation under this Section, then the drug court shall set

forth its findings in the form of a written order, and the

person shall not be sentenced to probation under this Section,

but shall may be considered for the drug court program.

(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)

Section 25. The Illinois Controlled Substances Act is

amended by changing Sections 407 and 410 as follows:

(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)

Sec. 407. (a) (1)(A) Any person 18 years of age or over who

violates any subsection of Section 401 or subsection (b) of

Section 404 by delivering a controlled, counterfeit or

look-alike substance to a person under 18 years of age may be

sentenced to imprisonment for a term up to twice the maximum

term and fined an amount up to twice that amount otherwise

authorized by the pertinent subsection of Section 401 and

Subsection (b) of Section 404.

(B) (Blank).

(2) Except as provided in paragraph (3) of this subsection,

any person who violates:

(A) subsection (c) of Section 401 by delivering or

possessing with intent to deliver a controlled,

counterfeit, or look-alike substance in or on, or within

500 1,000 feet of, a truck stop or safety rest area, is

guilty of a Class 1 felony, the fine for which shall not

exceed $250,000;

(B) subsection (d) of Section 401 by delivering or

possessing with intent to deliver a controlled,

counterfeit, or look-alike substance in or on, or within

500 1,000 feet of, a truck stop or safety rest area, is

guilty of a Class 2 felony, the fine for which shall not

exceed $200,000;

(C) subsection (e) of Section 401 or subsection (b) of

Section 404 by delivering or possessing with intent to

deliver a controlled, counterfeit, or look-alike substance

in or on, or within 500 1,000 feet of, a truck stop or

safety rest area, is guilty of a Class 3 felony, the fine

for which shall not exceed $150,000;

(D) subsection (f) of Section 401 by delivering or

possessing with intent to deliver a controlled,

counterfeit, or look-alike substance in or on, or within

500 1,000 feet of, a truck stop or safety rest area, is

guilty of a Class 3 felony, the fine for which shall not

exceed $125,000;

(E) subsection (g) of Section 401 by delivering or

possessing with intent to deliver a controlled,

counterfeit, or look-alike substance in or on, or within

500 1,000 feet of, a truck stop or safety rest area, is

guilty of a Class 3 felony, the fine for which shall not

exceed $100,000;

(F) subsection (h) of Section 401 by delivering or

possessing with intent to deliver a controlled,

counterfeit, or look-alike substance in or on, or within

500 1,000 feet of, a truck stop or safety rest area, is

guilty of a Class 3 felony, the fine for which shall not

exceed $75,000;

(3) Any person who violates paragraph (2) of this

subsection (a) by delivering or possessing with intent to

deliver a controlled, counterfeit, or look-alike substance in

or on, or within 500 1,000 feet of a truck stop or a safety rest

area, following a prior conviction or convictions of paragraph

(2) of this subsection (a) may be sentenced to a term of

imprisonment up to 2 times the maximum term and fined an amount

up to 2 times the amount otherwise authorized by Section 401.

(4) For the purposes of this subsection (a):

(A) "Safety rest area" means a roadside facility

removed from the roadway with parking and facilities

designed for motorists' rest, comfort, and information

needs; and

(B) "Truck stop" means any facility (and its parking

areas) used to provide fuel or service, or both, to any

commercial motor vehicle as defined in Section 18b-101 of

the Illinois Vehicle Code.

(b) Any person who violates:

(1) subsection (c) of Section 401 in any school, on or

within 500 feet of the real property comprising any school,

or in any conveyance owned, leased or contracted by a

school to transport students to or from school or a school

related activity, and at the time of the violation persons

under the age of 18 are present, the offense is committed

during school hours, or the offense is committed at times

when persons under the age of 18 are reasonably expected to

be present in the school, in the conveyance, or on the real

property, such as when after-school activities are

occurring or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or in any public park or , on or within 500

feet of the real property comprising any school or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or public

park or within 1,000 feet of the real property comprising

any school or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or public park, on the real property

comprising any church, synagogue, or other building,

structure, or place used primarily for religious worship,

or within 500 1,000 feet of the real property comprising

any church, synagogue, or other building, structure, or

place used primarily for religious worship, on the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities, or within 500 1,000 feet of the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities and at the time of the violation persons

are present or reasonably expected to be present in the

church, synagogue, or other building, structure, or place

used primarily for religious worship during worship

services, or in buildings or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities during the hours those places,

buildings, or structures are open for those activities, or

on the real property is guilty of a Class X felony, the

fine for which shall not exceed $500,000;

(2) subsection (d) of Section 401 in any school, on or

within 500 feet of the real property comprising any school,

or in any conveyance owned, leased or contracted by a

school to transport students to or from school or a school

related activity, and at the time of the violation persons

under the age of 18 are present, the offense is committed

during school hours, or the offense is committed at times

when persons under the age of 18 are reasonably expected to

be present in the school, in the conveyance, or on the real

property, such as when after-school activities are

occurring or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or in any public park or , on or within 500

feet of the real property comprising any school or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or public

park or within 1,000 feet of the real property comprising

any school or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or public park, on the real property

comprising any church, synagogue, or other building,

structure, or place used primarily for religious worship,

or within 500 1,000 feet of the real property comprising

any church, synagogue, or other building, structure, or

place used primarily for religious worship, on the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities, or within 500 1,000 feet of the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities and at the time of the violation persons

are present or reasonably expected to be present in the

church, synagogue, or other building, structure, or place

used primarily for religious worship during worship

services, or in buildings or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities during the hours those places,

buildings, or structures are open for those activities, or

on the real property is guilty of a Class 1 felony, the

fine for which shall not exceed $250,000;

(3) subsection (e) of Section 401 or Subsection (b) of

Section 404 in any school, on or within 500 feet of the

real property comprising any school, or in any conveyance

owned, leased or contracted by a school to transport

students to or from school or a school related activity,

and at the time of the violation persons under the age of

18 are present, the offense is committed during school

hours, or the offense is committed at times when persons

under the age of 18 are reasonably expected to be present

in the school, in the conveyance, or on the real property,

such as when after-school activities are occurring or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or in any

public park or , on or within 500 feet of the real property

comprising any school or residential property owned,

operated or managed by a public housing agency or leased by

a public housing agency as part of a scattered site or

mixed-income development, or public park or within 1,000

feet of the real property comprising any school or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or public

park, on the real property comprising any church,

synagogue, or other building, structure, or place used

primarily for religious worship, or within 500 1,000 feet

of the real property comprising any church, synagogue, or

other building, structure, or place used primarily for

religious worship, on the real property comprising any of

the following places, buildings, or structures used

primarily for housing or providing space for activities for

senior citizens: nursing homes, assisted-living centers,

senior citizen housing complexes, or senior centers

oriented toward daytime activities, or within 500 1,000

feet of the real property comprising any of the following

places, buildings, or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities and at the time of the violation

persons are present or reasonably expected to be present in

the church, synagogue, or other building, structure, or

place used primarily for religious worship during worship

services, or in buildings or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities during the hours those places,

buildings, or structures are open for those activities, or

on the real property is guilty of a Class 2 felony, the

fine for which shall not exceed $200,000;

(4) subsection (f) of Section 401 in any school, on or

within 500 feet of the real property comprising any school,

or in any conveyance owned, leased or contracted by a

school to transport students to or from school or a school

related activity, and at the time of the violation persons

under the age of 18 are present, the offense is committed

during school hours, or the offense is committed at times

when persons under the age of 18 are reasonably expected to

be present in the school, in the conveyance, or on the real

property, such as when after-school activities are

occurring or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or in any public park or , on or within 500

feet of the real property comprising any school or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or public

park or within 1,000 feet of the real property comprising

any school or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or public park, on the real property

comprising any church, synagogue, or other building,

structure, or place used primarily for religious worship,

or within 500 1,000 feet of the real property comprising

any church, synagogue, or other building, structure, or

place used primarily for religious worship, on the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities, or within 500 1,000 feet of the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities and at the time of the violation persons

are present or reasonably expected to be present in the

church, synagogue, or other building, structure, or place

used primarily for religious worship during worship

services, or in buildings or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities during the hours those places,

buildings, or structures are open for those activities, or

on the real property is guilty of a Class 2 felony, the

fine for which shall not exceed $150,000;

(5) subsection (g) of Section 401 in any school, on or

within 500 feet of the real property comprising any school,

or in any conveyance owned, leased or contracted by a

school to transport students to or from school or a school

related activity, and at the time of the violation persons

under the age of 18 are present, the offense is committed

during school hours, or the offense is committed at times

when persons under the age of 18 are reasonably expected to

be present in the school, in the conveyance, or on the real

property, such as when after-school activities are

occurring or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or in any public park or , on or within 500

feet of the real property comprising any school or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or public

park or within 1,000 feet of the real property comprising

any school or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or public park, on the real property

comprising any church, synagogue, or other building,

structure, or place used primarily for religious worship,

or within 500 1,000 feet of the real property comprising

any church, synagogue, or other building, structure, or

place used primarily for religious worship, on the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities, or within 500 1,000 feet of the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities and at the time of the violation persons

are present or reasonably expected to be present in the

church, synagogue, or other building, structure, or place

used primarily for religious worship during worship

services, or in buildings or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities during the hours those places,

buildings, or structures are open for those activities, or

on the real property is guilty of a Class 2 felony, the

fine for which shall not exceed $125,000;

(6) subsection (h) of Section 401 in any school, on or

within 500 feet of the real property comprising any school,

or in any conveyance owned, leased or contracted by a

school to transport students to or from school or a school

related activity, and at the time of the violation persons

under the age of 18 are present, the offense is committed

during school hours, or the offense is committed at times

when persons under the age of 18 are reasonably expected to

be present in the school, in the conveyance, or on the real

property, such as when after-school activities are

occurring or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or in any public park or , on or within 500

feet of the real property comprising any school or

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, or public

park or within 1,000 feet of the real property comprising

any school or residential property owned, operated or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, or public park, on the real property

comprising any church, synagogue, or other building,

structure, or place used primarily for religious worship,

or within 500 1,000 feet of the real property comprising

any church, synagogue, or other building, structure, or

place used primarily for religious worship, on the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities, or within 500 1,000 feet of the real

property comprising any of the following places,

buildings, or structures used primarily for housing or

providing space for activities for senior citizens:

nursing homes, assisted-living centers, senior citizen

housing complexes, or senior centers oriented toward

daytime activities and at the time of the violation persons

are present or reasonably expected to be present in the

church, synagogue, or other building, structure, or place

used primarily for religious worship during worship

services, or in buildings or structures used primarily for

housing or providing space for activities for senior

citizens: nursing homes, assisted-living centers, senior

citizen housing complexes, or senior centers oriented

toward daytime activities during the hours those places,

buildings, or structures are open for those activities, or

on the real property is guilty of a Class 2 felony, the

fine for which shall not exceed $100,000.

(c) Regarding penalties prescribed in subsection (b) for

violations committed in a school or on or within 500 1,000 feet

of school property, the time of day and , time of year and

whether classes were currently in session at the time of the

offense is irrelevant.

(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)

(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)

Sec. 410. (a) Whenever any person who has not previously

been convicted of, or placed on probation or court supervision

for any felony offense under this Act or any law of the United

States or of any State relating to cannabis or controlled

substances, pleads guilty to or is found guilty of possession

of a controlled or counterfeit substance under subsection (c)

of Section 402 or of unauthorized possession of prescription

form under Section 406.2, the court, without entering a

judgment and with the consent of such person, may sentence him

or her to probation.

(b) When a person is placed on probation, the court shall

enter an order specifying a period of probation of 24 months

and shall defer further proceedings in the case until the

conclusion of the period or until the filing of a petition

alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any jurisdiction; (2)

refrain from possessing a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner

as ordered by the court, but no less than 3 times during the

period of the probation, with the cost of the testing to be

paid by the probationer; and (4) perform no less than 30 hours

of community service, provided community service is available

in the jurisdiction and is funded and approved by the county

board.

(d) The court may, in addition to other conditions, require

that the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical or psychiatric treatment; or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his or her dependents;

(6-5) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(7) and in addition, if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his or her own support at home

or in a foster home.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and dismiss the

proceedings against him or her.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this Section is not a conviction for purposes of this Act

or for purposes of disqualifications or disabilities imposed by

law upon conviction of a crime.

(h) A person may not have more than There may be only one

discharge and dismissal under this Section within a 4-year

period , Section 10 of the Cannabis Control Act, Section 70 of

the Methamphetamine Control and Community Protection Act,

Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,

or subsection (c) of Section 11-14 of the Criminal Code of 1961

or the Criminal Code of 2012 with respect to any person.

(i) If a person is convicted of an offense under this Act,

the Cannabis Control Act, or the Methamphetamine Control and

Community Protection Act within 5 years subsequent to a

discharge and dismissal under this Section, the discharge and

dismissal under this Section shall be admissible in the

sentencing proceeding for that conviction as evidence in

aggravation.

(j) Notwithstanding subsection (a), before a person is

sentenced to probation under this Section, the court may refer

the person to the drug court established in that judicial

circuit pursuant to Section 15 of the Drug Court Treatment Act.

The drug court team shall evaluate the person's likelihood of

successfully completing a sentence of probation under this

Section and shall report the results of its evaluation to the

court. If the drug court team finds that the person suffers

from a substance abuse problem that makes him or her

substantially unlikely to successfully complete a sentence of

probation under this Section, then the drug court shall set

forth its findings in the form of a written order, and the

person shall not be sentenced to probation under this Section,

but shall may be considered for the drug court program.

(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)

Section 30. The Methamphetamine Control and Community

Protection Act is amended by changing Sections 15, 55, and 70

as follows:

(720 ILCS 646/15)

Sec. 15. Participation in methamphetamine manufacturing.

(a) Participation in methamphetamine manufacturing.

(1) It is unlawful to knowingly participate in the

manufacture of methamphetamine with the intent that

methamphetamine or a substance containing methamphetamine

be produced.

(2) A person who violates paragraph (1) of this

subsection (a) is subject to the following penalties:

(A) A person who participates in the manufacture of

less than 15 grams of methamphetamine or a substance

containing methamphetamine is guilty of a Class 1

felony.

(B) A person who participates in the manufacture of

15 or more grams but less than 100 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 6 years and

not more than 30 years, and subject to a fine not to

exceed $100,000 or the street value of the

methamphetamine manufactured, whichever is greater.

(C) A person who participates in the manufacture of

100 or more grams but less than 400 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 9 years and

not more than 40 years, and subject to a fine not to

exceed $200,000 or the street value of the

methamphetamine manufactured, whichever is greater.

(D) A person who participates in the manufacture of

400 or more grams but less than 900 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 12 years and

not more than 50 years, and subject to a fine not to

exceed $300,000 or the street value of the

methamphetamine manufactured, whichever is greater.

(E) A person who participates in the manufacture of

900 grams or more of methamphetamine or a substance

containing methamphetamine is guilty of a Class X

felony, subject to a term of imprisonment of not less

than 15 years and not more than 60 years, and subject

to a fine not to exceed $400,000 or the street value of

the methamphetamine, whichever is greater.

(b) Aggravated participation in methamphetamine

manufacturing.

(1) It is unlawful to engage in aggravated

participation in the manufacture of methamphetamine. A

person engages in aggravated participation in the

manufacture of methamphetamine when the person violates

paragraph (1) of subsection (a) and:

(A) the person knowingly does so in a multi-unit

dwelling;

(B) the person knowingly does so in a structure or

vehicle where a child under the age of 18, a person

with a disability, or a person 60 years of age or older

who is incapable of adequately providing for his or her

own health and personal care resides, is present, or is

endangered by the manufacture of methamphetamine;

(C) the person does so in a structure or vehicle

where a woman the person knows to be pregnant

(including but not limited to the person herself)

resides, is present, or is endangered by the

methamphetamine manufacture;

(D) the person knowingly does so in a structure or

vehicle protected by one or more firearms, explosive

devices, booby traps, alarm systems, surveillance

systems, guard dogs, or dangerous animals;

(E) the methamphetamine manufacturing in which the

person participates is a contributing cause of the

death, serious bodily injury, disability, or

disfigurement of another person, including but not

limited to an emergency service provider;

(F) the methamphetamine manufacturing in which the

person participates is a contributing cause of a fire

or explosion that damages property belonging to

another person;

(G) the person knowingly organizes, directs, or

finances the methamphetamine manufacturing or

activities carried out in support of the

methamphetamine manufacturing; or

(H) the methamphetamine manufacturing occurs

within 500 1,000 feet of a place of worship or

parsonage, or within 500 1,000 feet of the real

property comprising any school at a time when children,

clergy, patrons, staff, or other persons are present or

any activity sanctioned by the place of worship or

parsonage or school is taking place.

(2) A person who violates paragraph (1) of this

subsection (b) is subject to the following penalties:

(A) A person who participates in the manufacture of

less than 15 grams of methamphetamine or a substance

containing methamphetamine is guilty of a Class X

felony, subject to a term of imprisonment of not less

than 6 years and not more than 30 years, and subject to

a fine not to exceed $100,000 or the street value of

the methamphetamine, whichever is greater.

(B) A person who participates in the manufacture of

15 or more grams but less than 100 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 9 years and

not more than 40 years, and subject to a fine not to

exceed $200,000 or the street value of the

methamphetamine, whichever is greater.

(C) A person who participates in the manufacture of

100 or more grams but less than 400 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 12 years and

not more than 50 years, and subject to a fine not to

exceed $300,000 or the street value of the

methamphetamine, whichever is greater.

(D) A person who participates in the manufacture of

400 grams or more of methamphetamine or a substance

containing methamphetamine is guilty of a Class X

felony, subject to a term of imprisonment of not less

than 15 years and not more than 60 years, and subject

to a fine not to exceed $400,000 or the street value of

the methamphetamine, whichever is greater.

(Source: P.A. 98-980, eff. 1-1-15.)

(720 ILCS 646/55)

Sec. 55. Methamphetamine delivery.

(a) Delivery or possession with intent to deliver

methamphetamine or a substance containing methamphetamine.

(1) It is unlawful knowingly to engage in the delivery

or possession with intent to deliver methamphetamine or a

substance containing methamphetamine.

(2) A person who violates paragraph (1) of this

subsection (a) is subject to the following penalties:

(A) A person who delivers or possesses with intent

to deliver less than 5 grams of methamphetamine or a

substance containing methamphetamine is guilty of a

Class 2 felony.

(B) A person who delivers or possesses with intent

to deliver 5 or more grams but less than 15 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class 1 felony.

(C) A person who delivers or possesses with intent

to deliver 15 or more grams but less than 100 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 6 years and

not more than 30 years, and subject to a fine not to

exceed $100,000 or the street value of the

methamphetamine, whichever is greater.

(D) A person who delivers or possesses with intent

to deliver 100 or more grams but less than 400 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 9 years and

not more than 40 years, and subject to a fine not to

exceed $200,000 or the street value of the

methamphetamine, whichever is greater.

(E) A person who delivers or possesses with intent

to deliver 400 or more grams but less than 900 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 12 years and

not more than 50 years, and subject to a fine not to

exceed $300,000 or the street value of the

methamphetamine, whichever is greater.

(F) A person who delivers or possesses with intent

to deliver 900 or more grams of methamphetamine or a

substance containing methamphetamine is guilty of a

Class X felony, subject to a term of imprisonment of

not less than 15 years and not more than 60 years, and

subject to a fine not to exceed $400,000 or the street

value of the methamphetamine, whichever is greater.

(b) Aggravated delivery or possession with intent to

deliver methamphetamine or a substance containing

methamphetamine.

(1) It is unlawful to engage in the aggravated delivery

or possession with intent to deliver methamphetamine or a

substance containing methamphetamine. A person engages in

the aggravated delivery or possession with intent to

deliver methamphetamine or a substance containing

methamphetamine when the person violates paragraph (1) of

subsection (a) of this Section and:

(A) the person is at least 18 years of age and

knowingly delivers or possesses with intent to deliver

the methamphetamine or substance containing

methamphetamine to a person under 18 years of age;

(B) the person is at least 18 years of age and

knowingly uses, engages, employs, or causes another

person to use, engage, or employ a person under 18

years of age to deliver the methamphetamine or

substance containing methamphetamine;

(C) the person knowingly delivers or possesses

with intent to deliver the methamphetamine or

substance containing methamphetamine in any structure

or vehicle protected by one or more firearms, explosive

devices, booby traps, alarm systems, surveillance

systems, guard dogs, or dangerous animals;

(D) the person knowingly delivers or possesses

with intent to deliver the methamphetamine or

substance containing methamphetamine in any school, on

any real property comprising any school, or in any

conveyance owned, leased, or contracted by a school to

transport students to or from school or a

school-related activity and at the time of the

violation persons under the age of 18 are present, the

offense is committed during school hours, or the

offense is committed at times when persons under the

age of 18 are reasonably expected to be present in the

school, in the conveyance, or on the real property,

such as when after-school activities are occurring;

(E) the person delivers or causes another person to

deliver the methamphetamine or substance containing

methamphetamine to a woman that the person knows to be

pregnant; or

(F) (blank).

(2) A person who violates paragraph (1) of this

subsection (b) is subject to the following penalties:

(A) A person who delivers or possesses with intent

to deliver less than 5 grams of methamphetamine or a

substance containing methamphetamine is guilty of a

Class 1 felony.

(B) A person who delivers or possesses with intent

to deliver 5 or more grams but less than 15 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 6 years and

not more than 30 years, and subject to a fine not to

exceed $100,000 or the street value of the

methamphetamine, whichever is greater.

(C) A person who delivers or possesses with intent

to deliver 15 or more grams but less than 100 grams of

methamphetamine or a substance containing

methamphetamine is guilty of a Class X felony, subject

to a term of imprisonment of not less than 8 years and

not more than 40 years, and subject to a fine not to

exceed $200,000 or the street value of the

methamphetamine, whichever is greater.

(D) A person who delivers or possesses with intent

to deliver 100 or more grams of methamphetamine or a

substance containing methamphetamine is guilty of a

Class X felony, subject to a term of imprisonment of

not less than 10 years and not more than 50 years, and

subject to a fine not to exceed $300,000 or the street

value of the methamphetamine, whichever is greater.

(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)

(720 ILCS 646/70)

Sec. 70. Probation.

(a) Whenever any person who has not previously been

convicted of, or placed on probation or court supervision for

any felony offense under this Act, the Illinois Controlled

Substances Act, the Cannabis Control Act, or any law of the

United States or of any state relating to cannabis or

controlled substances, pleads guilty to or is found guilty of

possession of less than 15 grams of methamphetamine under

paragraph (1) or (2) of subsection (b) of Section 60 of this

Act, the court, without entering a judgment and with the

consent of the person, may sentence him or her to probation.

(b) When a person is placed on probation, the court shall

enter an order specifying a period of probation of 24 months

and shall defer further proceedings in the case until the

conclusion of the period or until the filing of a petition

alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any

jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) submit to periodic drug testing at a time and in a

manner as ordered by the court, but no less than 3 times

during the period of the probation, with the cost of the

testing to be paid by the probationer; and

(4) perform no less than 30 hours of community service,

if community service is available in the jurisdiction and

is funded and approved by the county board.

(d) The court may, in addition to other conditions, require

that the person take one or more of the following actions:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical or psychiatric treatment; or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his or her dependents;

(7) refrain from having in his or her body the presence

of any illicit drug prohibited by this Act, the Cannabis

Control Act, or the Illinois Controlled Substances Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug; or

(8) if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

or

(iv) contribute to his or her own support at home

or in a foster home.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and dismiss the

proceedings against the person.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this Section is not a conviction for purposes of this Act

or for purposes of disqualifications or disabilities imposed by

law upon conviction of a crime.

(h) A person may not have more than There may be only one

discharge and dismissal under this Section within a 4-year

period , Section 410 of the Illinois Controlled Substances Act,

Section 10 of the Cannabis Control Act, Section 5-6-3.3 or

5-6-3.4 of the Unified Code of Corrections, or subsection (c)

of Section 11-14 of the Criminal Code of 1961 or the Criminal

Code of 2012 with respect to any person.

(i) If a person is convicted of an offense under this Act,

the Cannabis Control Act, or the Illinois Controlled Substances

Act within 5 years subsequent to a discharge and dismissal

under this Section, the discharge and dismissal under this

Section are admissible in the sentencing proceeding for that

conviction as evidence in aggravation.

(j) Notwithstanding subsection (a), before a person is

sentenced to probation under this Section, the court may refer

the person to the drug court established in that judicial

circuit pursuant to Section 15 of the Drug Court Treatment Act.

The drug court team shall evaluate the person's likelihood of

successfully completing a sentence of probation under this

Section and shall report the results of its evaluation to the

court. If the drug court team finds that the person suffers

from a substance abuse problem that makes him or her

substantially unlikely to successfully complete a sentence of

probation under this Section, then the drug court shall set

forth its findings in the form of a written order, and the

person shall not be sentenced to probation under this Section,

but shall may be considered for the drug court program.

(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)

Section 35. The Unified Code of Corrections is amended by

changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4,

and 5-8-8 and by adding Sections 5-4.5-110 and 5-6-3.6 as

follows:

(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)

Sec. 3-3-8. Length of parole and mandatory supervised

release; discharge.

(a) The length of parole for a person sentenced under the

law in effect prior to the effective date of this amendatory

Act of 1977 and the length of mandatory supervised release for

those sentenced under the law in effect on and after such

effective date shall be as set out in Section 5-8-1 unless

sooner terminated under paragraph (b) of this Section.

(b) The Prisoner Review Board may enter an order releasing

and discharging one from parole or mandatory supervised

release, and his or her commitment to the Department, when it

determines that he or she is likely to remain at liberty

without committing another offense.

(b-1) Provided that the subject is in compliance with the

terms and conditions of his or her parole or mandatory

supervised release, the Prisoner Review Board may reduce the

period of a parolee or releasee's parole or mandatory

supervised release by 90 days upon the parolee or releasee

receiving a high school diploma or upon passage of high school

equivalency testing during the period of his or her parole or

mandatory supervised release. This reduction in the period of a

subject's term of parole or mandatory supervised release shall

be available only to subjects who have not previously earned a

high school diploma or who have not previously passed high

school equivalency testing.

(b-2) The Prisoner Review Board may release a low-risk and

need subject person from mandatory supervised release as

determined by an appropriate evidence-based risk and need

assessment.

(c) The order of discharge shall become effective upon

entry of the order of the Board. The Board shall notify the

clerk of the committing court of the order. Upon receipt of

such copy, the clerk shall make an entry on the record judgment

that the sentence or commitment has been satisfied pursuant to

the order.

(d) Rights of the person discharged under this Section

shall be restored under Section 5-5-5.

(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,

eff. 1-1-16; 99-628, eff. 1-1-17.)

(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

(Text of Section before amendment by P.A. 99-938)

Sec. 3-6-3. Rules and regulations for sentence credit.

(a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for

persons committed to the Department which shall be subject to

review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be

awarded for the following:

(A) successful completion of programming while in

custody of the Department or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a community,

or service to the State.

(2) The rules and regulations on sentence credit shall

provide, with respect to offenses listed in clause (i), (ii),

or (iii) of this paragraph (2) committed on or after June 19,

1998 or with respect to the offense listed in clause (iv) of

this paragraph (2) committed on or after June 23, 2005 (the

effective date of Public Act 94-71) or with respect to offense

listed in clause (vi) committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or with respect to the

offense of being an armed habitual criminal committed on or

after August 2, 2005 (the effective date of Public Act 94-398)

or with respect to the offenses listed in clause (v) of this

paragraph (2) committed on or after August 13, 2007 (the

effective date of Public Act 95-134) or with respect to the

offense of aggravated domestic battery committed on or after

July 23, 2010 (the effective date of Public Act 96-1224) or

with respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date of

Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

(e)(4) of Section 12-3.05, heinous battery as described in

Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,

being an armed habitual criminal, aggravated battery of a

senior citizen as described in Section 12-4.6 or

subdivision (a)(4) of Section 12-3.05, or aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with a

category I weapon or category II weapon, when the court has

made and entered a finding, pursuant to subsection (c-1) of

Section 5-4-1 of this Code, that the conduct leading to

conviction for the enumerated offense resulted in great

bodily harm to a victim, shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily harm

to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing, aggravated

participation in methamphetamine manufacturing, delivery

of methamphetamine, possession with intent to deliver

methamphetamine, aggravated delivery of methamphetamine,

aggravated possession with intent to deliver

methamphetamine, methamphetamine conspiracy when the

substance containing the controlled substance or

methamphetamine is 100 grams or more shall receive no more

than 7.5 days sentence credit for each month of his or her

sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second or

subsequent offense of luring a minor shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for aggravated

domestic battery shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii) committed

on or after July 23, 2010 (the effective date of Public Act

96-1224), and other than the offense of aggravated driving

under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination thereof

as defined in subparagraph (F) of paragraph (1) of subsection

(d) of Section 11-501 of the Illinois Vehicle Code, and other

than the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (C) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code committed on or after

January 1, 2011 (the effective date of Public Act 96-1230), the

rules and regulations shall provide that a prisoner who is

serving a term of imprisonment shall receive one day of

sentence credit for each day of his or her sentence of

imprisonment or recommitment under Section 3-3-9. Each day of

sentence credit shall reduce by one day the prisoner's period

of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment or a prisoner who has been sentenced to death

shall receive no sentence credit.

(2.3) The rules and regulations on sentence credit shall

provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of paragraph

(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

Code, shall receive no more than 4.5 days of sentence credit

for each month of his or her sentence of imprisonment.

(2.4) The rules and regulations on sentence credit shall

provide with respect to the offenses of aggravated battery with

a machine gun or a firearm equipped with any device or

attachment designed or used for silencing the report of a

firearm or aggravated discharge of a machine gun or a firearm

equipped with any device or attachment designed or used for

silencing the report of a firearm, committed on or after July

15, 1999 (the effective date of Public Act 91-121), that a

prisoner serving a sentence for any of these offenses shall

receive no more than 4.5 days of sentence credit for each month

of his or her sentence of imprisonment.

(2.5) The rules and regulations on sentence credit shall

provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more than

4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) The rules and regulations on sentence credit shall

provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of paragraph

(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

Code committed on or after January 1, 2011 (the effective date

of Public Act 96-1230) shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(3) The rules and regulations shall also provide that the

Director may award up to 180 days additional sentence credit

for good conduct in specific instances as the Director deems

proper. The good conduct may include, but is not limited to,

compliance with the rules and regulations of the Department,

service to the Department, service to a community, or service

to the State. However, the Director shall not award more than

90 days of sentence credit for good conduct to any prisoner who

is serving a sentence for conviction of first degree murder,

reckless homicide while under the influence of alcohol or any

other drug, or aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code, aggravated kidnapping,

kidnapping, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual assault,

deviate sexual assault, aggravated criminal sexual abuse,

aggravated indecent liberties with a child, indecent liberties

with a child, child pornography, heinous battery as described

in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,

aggravated battery of a spouse, aggravated battery of a spouse

with a firearm, stalking, aggravated stalking, aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05, endangering the life or

health of a child, or cruelty to a child. Notwithstanding the

foregoing, sentence credit for good conduct shall not be

awarded on a sentence of imprisonment imposed for conviction

of: (i) one of the offenses enumerated in subdivision

(a)(2)(i), (ii), or (iii) when the offense is committed on or

after June 19, 1998 or subdivision (a)(2)(iv) when the offense

is committed on or after June 23, 2005 (the effective date of

Public Act 94-71) or subdivision (a)(2)(v) when the offense is

committed on or after August 13, 2007 (the effective date of

Public Act 95-134) or subdivision (a)(2)(vi) when the offense

is committed on or after June 1, 2008 (the effective date of

Public Act 95-625) or subdivision (a)(2)(vii) when the offense

is committed on or after July 23, 2010 (the effective date of

Public Act 96-1224), (ii) aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code, (iii) one of the offenses

enumerated in subdivision (a)(2.4) when the offense is

committed on or after July 15, 1999 (the effective date of

Public Act 91-121), (iv) aggravated arson when the offense is

committed on or after July 27, 2001 (the effective date of

Public Act 92-176), (v) offenses that may subject the offender

to commitment under the Sexually Violent Persons Commitment

Act, or (vi) aggravated driving under the influence of alcohol,

other drug or drugs, or intoxicating compound or compounds or

any combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230).

Eligible inmates for an award of sentence credit under this

paragraph (3) may be selected to receive the credit at the

Director's or his or her designee's sole discretion.

Consideration may be based on, but not limited to, any

available risk assessment analysis on the inmate, any history

of conviction for violent crimes as defined by the Rights of

Crime Victims and Witnesses Act, facts and circumstances of the

inmate's holding offense or offenses, and the potential for

rehabilitation.

The Director shall not award sentence credit under this

paragraph (3) to an inmate unless the inmate has served a

minimum of 60 days of the sentence; except nothing in this

paragraph shall be construed to permit the Director to extend

an inmate's sentence beyond that which was imposed by the

court. Prior to awarding credit under this paragraph (3), the

Director shall make a written determination that the inmate:

(A) is eligible for the sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow; and

(C) has met the eligibility criteria established by

rule.

The Director shall determine the form and content of the

written determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of

sentence credit for good conduct, with the first report due

January 1, 2014. The Department must publish both reports on

its website within 48 hours of transmitting the reports to the

Governor and the General Assembly. The reports must include:

(A) the number of inmates awarded sentence credit for

good conduct;

(B) the average amount of sentence credit for good

conduct awarded;

(C) the holding offenses of inmates awarded sentence

credit for good conduct; and

(D) the number of sentence credit for good conduct

revocations.

(4) The rules and regulations shall also provide that the

sentence credit accumulated and retained under paragraph (2.1)

of subsection (a) of this Section by any inmate during specific

periods of time in which such inmate is engaged full-time in

substance abuse programs, correctional industry assignments,

educational programs, behavior modification programs, life

skills courses, or re-entry planning provided by the Department

under this paragraph (4) and satisfactorily completes the

assigned program as determined by the standards of the

Department, shall be multiplied by a factor of 1.25 for program

participation before August 11, 1993 and 1.50 for program

participation on or after that date. The rules and regulations

shall also provide that sentence credit, subject to the same

offense limits and multiplier provided in this paragraph, may

be provided to an inmate who was held in pre-trial detention

prior to his or her current commitment to the Department of

Corrections and successfully completed a full-time, 60-day or

longer substance abuse program, educational program, behavior

modification program, life skills course, or re-entry planning

provided by the county department of corrections or county

jail. Calculation of this county program credit shall be done

at sentencing as provided in Section 5-4.5-100 of this Code and

shall be included in the sentencing order. However, no inmate

shall be eligible for the additional sentence credit under this

paragraph (4) or (4.1) of this subsection (a) while assigned to

a boot camp or electronic detention, or if convicted of an

offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of

this Section that is committed on or after June 19, 1998 or

subdivision (a)(2)(iv) of this Section that is committed on or

after June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) of this Section that is committed on or

after August 13, 2007 (the effective date of Public Act 95-134)

or subdivision (a)(2)(vi) when the offense is committed on or

after June 1, 2008 (the effective date of Public Act 95-625) or

subdivision (a)(2)(vii) when the offense is committed on or

after July 23, 2010 (the effective date of Public Act 96-1224),

or if convicted of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds or any combination thereof as defined in subparagraph

(F) of paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, or if convicted of aggravated driving

under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds or any combination thereof

as defined in subparagraph (C) of paragraph (1) of subsection

(d) of Section 11-501 of the Illinois Vehicle Code committed on

or after January 1, 2011 (the effective date of Public Act

96-1230), or if convicted of an offense enumerated in paragraph

(a)(2.4) of this Section that is committed on or after July 15,

1999 (the effective date of Public Act 91-121), or first degree

murder, a Class X felony, criminal sexual assault, felony

criminal sexual abuse, aggravated criminal sexual abuse,

aggravated battery with a firearm as described in Section

12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

Section 12-3.05, or any predecessor or successor offenses with

the same or substantially the same elements, or any inchoate

offenses relating to the foregoing offenses. No inmate shall be

eligible for the additional good conduct credit under this

paragraph (4) who (i) has previously received increased good

conduct credit under this paragraph (4) and has subsequently

been convicted of a felony, or (ii) has previously served more

than one prior sentence of imprisonment for a felony in an

adult correctional facility.

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be increased under this paragraph (4) and paragraph (4.1)

of this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General Assembly

for these purposes. Eligible inmates who are denied immediate

admission shall be placed on a waiting list under criteria

established by the Department. The inability of any inmate to

become engaged in any such programs by reason of insufficient

program resources or for any other reason established under the

rules and regulations of the Department shall not be deemed a

cause of action under which the Department or any employee or

agent of the Department shall be liable for damages to the

inmate.

(4.1) The rules and regulations shall also provide that an

additional 90 days of sentence credit shall be awarded to any

prisoner who passes high school equivalency testing while the

prisoner is committed to the Department of Corrections. The

sentence credit awarded under this paragraph (4.1) shall be in

addition to, and shall not affect, the award of sentence credit

under any other paragraph of this Section, but shall also be

pursuant to the guidelines and restrictions set forth in

paragraph (4) of subsection (a) of this Section. The sentence

credit provided for in this paragraph shall be available only

to those prisoners who have not previously earned a high school

diploma or a high school equivalency certificate. If, after an

award of the high school equivalency testing sentence credit

has been made, the Department determines that the prisoner was

not eligible, then the award shall be revoked. The Department

may also award 90 days of sentence credit to any committed

person who passed high school equivalency testing while he or

she was held in pre-trial detention prior to the current

commitment to the Department of Corrections.

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director may waive the requirement to

participate in or complete a substance abuse treatment program

and award the sentence credit in specific instances if the

prisoner is not a good candidate for a substance abuse

treatment program for medical, programming, or operational

reasons. Availability of substance abuse treatment shall be

subject to the limits of fiscal resources appropriated by the

General Assembly for these purposes. If treatment is not

available and the requirement to participate and complete the

treatment has not been waived by the Director, the prisoner

shall be placed on a waiting list under criteria established by

the Department. The Director may allow a prisoner placed on a

waiting list to participate in and complete a substance abuse

education class or attend substance abuse self-help meetings in

lieu of a substance abuse treatment program. A prisoner on a

waiting list who is not placed in a substance abuse program

prior to release may be eligible for a waiver and receive

sentence credit under clause (3) of this subsection (a) at the

discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to receive

treatment, but who are unable to do so due solely to the lack

of resources on the part of the Department, may, at the

Director's sole discretion, be awarded sentence credit at a

rate as the Director shall determine.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of sentence

credit for good conduct under paragraph (3) of subsection (a)

of this Section given at any time during the term, the

Department shall give reasonable notice of the impending

release not less than 14 days prior to the date of the release

to the State's Attorney of the county where the prosecution of

the inmate took place, and if applicable, the State's Attorney

of the county into which the inmate will be released. The

Department must also make identification information and a

recent photo of the inmate being released accessible on the

Internet by means of a hyperlink labeled "Community

Notification of Inmate Early Release" on the Department's World

Wide Web homepage. The identification information shall

include the inmate's: name, any known alias, date of birth,

physical characteristics, commitment offense and county where

conviction was imposed. The identification information shall

be placed on the website within 3 days of the inmate's release

and the information may not be removed until either: completion

of the first year of mandatory supervised release or return of

the inmate to custody of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) The Department shall prescribe rules and regulations

for revoking sentence credit, including revoking sentence

credit awarded for good conduct under paragraph (3) of

subsection (a) of this Section. The Department shall prescribe

rules and regulations for suspending or reducing the rate of

accumulation of sentence credit for specific rule violations,

during imprisonment. These rules and regulations shall provide

that no inmate may be penalized more than one year of sentence

credit for any one infraction.

When the Department seeks to revoke, suspend or reduce the

rate of accumulation of any sentence credits for an alleged

infraction of its rules, it shall bring charges therefor

against the prisoner sought to be so deprived of sentence

credits before the Prisoner Review Board as provided in

subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days or when during any 12

month period, the cumulative amount of credit revoked exceeds

30 days except where the infraction is committed or discovered

within 60 days of scheduled release. In those cases, the

Department of Corrections may revoke up to 30 days of sentence

credit. The Board may subsequently approve the revocation of

additional sentence credit, if the Department seeks to revoke

sentence credit in excess of 30 days. However, the Board shall

not be empowered to review the Department's decision with

respect to the loss of 30 days of sentence credit within any

calendar year for any prisoner or to increase any penalty

beyond the length requested by the Department.

The Director of the Department of Corrections, in

appropriate cases, may restore up to 30 days of sentence

credits which have been revoked, suspended or reduced. Any

restoration of sentence credits in excess of 30 days shall be

subject to review by the Prisoner Review Board. However, the

Board may not restore sentence credit in excess of the amount

requested by the Director.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of Corrections,

or the Prisoner Review Board, or against any of their officers

or employees, and the court makes a specific finding that a

pleading, motion, or other paper filed by the prisoner is

frivolous, the Department of Corrections shall conduct a

hearing to revoke up to 180 days of sentence credit by bringing

charges against the prisoner sought to be deprived of the

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

prisoner has not accumulated 180 days of sentence credit at the

time of the finding, then the Prisoner Review Board may revoke

all sentence credit accumulated by the prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or other

filing which purports to be a legal document filed by a

prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper purpose,

such as to harass or to cause unnecessary delay or

needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided in

Section 5-8A-7 of this Code.

(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,

eff. 1-1-16; 99-642, eff. 7-28-16.)

(Text of Section after amendment by P.A. 99-938)

Sec. 3-6-3. Rules and regulations for sentence credit.

(a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for

persons committed to the Department which shall be subject to

review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be

awarded for the following:

(A) successful completion of programming while in

custody of the Department or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a community,

or service to the State.

(2) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations on sentence

credit shall provide, with respect to offenses listed in clause

(i), (ii), or (iii) of this paragraph (2) committed on or after

June 19, 1998 or with respect to the offense listed in clause

(iv) of this paragraph (2) committed on or after June 23, 2005

(the effective date of Public Act 94-71) or with respect to

offense listed in clause (vi) committed on or after June 1,

2008 (the effective date of Public Act 95-625) or with respect

to the offense of being an armed habitual criminal committed on

or after August 2, 2005 (the effective date of Public Act

94-398) or with respect to the offenses listed in clause (v) of

this paragraph (2) committed on or after August 13, 2007 (the

effective date of Public Act 95-134) or with respect to the

offense of aggravated domestic battery committed on or after

July 23, 2010 (the effective date of Public Act 96-1224) or

with respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date of

Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

(e)(4) of Section 12-3.05, heinous battery as described in

Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,

being an armed habitual criminal, aggravated battery of a

senior citizen as described in Section 12-4.6 or

subdivision (a)(4) of Section 12-3.05, or aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with a

category I weapon or category II weapon, when the court has

made and entered a finding, pursuant to subsection (c-1) of

Section 5-4-1 of this Code, that the conduct leading to

conviction for the enumerated offense resulted in great

bodily harm to a victim, shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily harm

to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing, aggravated

participation in methamphetamine manufacturing, delivery

of methamphetamine, possession with intent to deliver

methamphetamine, aggravated delivery of methamphetamine,

aggravated possession with intent to deliver

methamphetamine, methamphetamine conspiracy when the

substance containing the controlled substance or

methamphetamine is 100 grams or more shall receive no more

than 7.5 days sentence credit for each month of his or her

sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second or

subsequent offense of luring a minor shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for aggravated

domestic battery shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii) committed

on or after July 23, 2010 (the effective date of Public Act

96-1224), and other than the offense of aggravated driving

under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination thereof

as defined in subparagraph (F) of paragraph (1) of subsection

(d) of Section 11-501 of the Illinois Vehicle Code, and other

than the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (C) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code committed on or after

January 1, 2011 (the effective date of Public Act 96-1230), the

rules and regulations shall provide that a prisoner who is

serving a term of imprisonment shall receive one day of

sentence credit for each day of his or her sentence of

imprisonment or recommitment under Section 3-3-9. Each day of

sentence credit shall reduce by one day the prisoner's period

of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment or a prisoner who has been sentenced to death

shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations on sentence

credit shall provide that a prisoner who is serving a sentence

for aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of paragraph

(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

Code, shall receive no more than 4.5 days of sentence credit

for each month of his or her sentence of imprisonment.

(2.4) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations on sentence

credit shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the report

of a firearm or aggravated discharge of a machine gun or a

firearm equipped with any device or attachment designed or used

for silencing the report of a firearm, committed on or after

July 15, 1999 (the effective date of Public Act 91-121), that a

prisoner serving a sentence for any of these offenses shall

receive no more than 4.5 days of sentence credit for each month

of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations on sentence

credit shall provide that a prisoner who is serving a sentence

for aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more than

4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations on sentence

credit shall provide that a prisoner who is serving a sentence

for aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of paragraph

(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

Code committed on or after January 1, 2011 (the effective date

of Public Act 96-1230) shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(3) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations shall also

provide that the Director may award up to 180 days of earned

sentence credit for good conduct in specific instances as the

Director deems proper. The good conduct may include, but is not

limited to, compliance with the rules and regulations of the

Department, service to the Department, service to a community,

or service to the State.

Eligible inmates for an award of earned sentence credit

under this paragraph (3) may be selected to receive the credit

at the Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under

this paragraph (3) shall be based on, but is not limited to,

the results of any available risk/needs assessment or other

relevant assessments or evaluations administered by the

Department using a validated instrument, the circumstances of

the crime, any history of conviction for a forcible felony

enumerated in Section 2-8 of the Criminal Code of 2012, the

inmate's behavior and disciplinary history while incarcerated,

and the inmate's commitment to rehabilitation, including

participation in programming offered by the Department.

The Director shall not award sentence credit under this

paragraph (3) to an inmate unless the inmate has served a

minimum of 60 days of the sentence; except nothing in this

paragraph shall be construed to permit the Director to extend

an inmate's sentence beyond that which was imposed by the

court. Prior to awarding credit under this paragraph (3), the

Director shall make a written determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow;

(B-1) has received a risk/needs assessment or other

relevant evaluation or assessment administered by the

Department using a validated instrument; and

(C) has met the eligibility criteria established under

paragraph (4) of this subsection (a) and by rule for earned

sentence credit.

The Director shall determine the form and content of the

written determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of earned

sentence credit no later than February 1 of each year. The

Department must publish both reports on its website within 48

hours of transmitting the reports to the Governor and the

General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence

credit;

(B) the average amount of earned sentence credit

awarded;

(C) the holding offenses of inmates awarded earned

sentence credit; and

(D) the number of earned sentence credit revocations.

(4) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations shall also

provide that the sentence credit accumulated and retained under

paragraph (2.1) of subsection (a) of this Section by any inmate

during specific periods of time in which such inmate is engaged

full-time in substance abuse programs, correctional industry

assignments, educational programs, behavior modification

programs, life skills courses, or re-entry planning provided by

the Department under this paragraph (4) and satisfactorily

completes the assigned program as determined by the standards

of the Department, shall be multiplied by a factor of 1.25 for

program participation before August 11, 1993 and 1.50 for

program participation on or after that date. The rules and

regulations shall also provide that sentence credit, subject to

the same offense limits and multiplier provided in this

paragraph, may be provided to an inmate who was held in

pre-trial detention prior to his or her current commitment to

the Department of Corrections and successfully completed a

full-time, 60-day or longer substance abuse program,

educational program, behavior modification program, life

skills course, or re-entry planning provided by the county

department of corrections or county jail. Calculation of this

county program credit shall be done at sentencing as provided

in Section 5-4.5-100 of this Code and shall be included in the

sentencing order. However, no inmate shall be eligible for the

additional sentence credit under this paragraph (4) or (4.1) of

this subsection (a) while assigned to a boot camp or electronic

detention, or if convicted of an offense enumerated in

subdivision (a)(2)(i), (ii), or (iii) of this Section that is

committed on or after June 19, 1998 or subdivision (a)(2)(iv)

of this Section that is committed on or after June 23, 2005

(the effective date of Public Act 94-71) or subdivision

(a)(2)(v) of this Section that is committed on or after August

13, 2007 (the effective date of Public Act 95-134) or

subdivision (a)(2)(vi) when the offense is committed on or

after June 1, 2008 (the effective date of Public Act 95-625) or

subdivision (a)(2)(vii) when the offense is committed on or

after July 23, 2010 (the effective date of Public Act 96-1224),

or if convicted of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds or any combination thereof as defined in subparagraph

(F) of paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, or if convicted of aggravated driving

under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds or any combination thereof

as defined in subparagraph (C) of paragraph (1) of subsection

(d) of Section 11-501 of the Illinois Vehicle Code committed on

or after January 1, 2011 (the effective date of Public Act

96-1230), or if convicted of an offense enumerated in paragraph

(a)(2.4) of this Section that is committed on or after July 15,

1999 (the effective date of Public Act 91-121), or first degree

murder, a Class X felony, criminal sexual assault, felony

criminal sexual abuse, aggravated criminal sexual abuse,

aggravated battery with a firearm as described in Section

12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

Section 12-3.05, or any predecessor or successor offenses with

the same or substantially the same elements, or any inchoate

offenses relating to the foregoing offenses.

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be increased under this paragraph (4) and paragraph (4.1)

of this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General Assembly

for these purposes. Eligible inmates who are denied immediate

admission shall be placed on a waiting list under criteria

established by the Department. The inability of any inmate to

become engaged in any such programs by reason of insufficient

program resources or for any other reason established under the

rules and regulations of the Department shall not be deemed a

cause of action under which the Department or any employee or

agent of the Department shall be liable for damages to the

inmate.

(4.1) Except as provided in paragraph (4.7) of this

subsection (a), the The rules and regulations shall also

provide that an additional 90 days of sentence credit shall be

awarded to any prisoner who passes high school equivalency

testing while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph

(4.1) shall be in addition to, and shall not affect, the award

of sentence credit under any other paragraph of this Section,

but shall also be pursuant to the guidelines and restrictions

set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be

available only to those prisoners who have not previously

earned a high school diploma or a high school equivalency

certificate. If, after an award of the high school equivalency

testing sentence credit has been made, the Department

determines that the prisoner was not eligible, then the award

shall be revoked. The Department may also award 90 days of

sentence credit to any committed person who passed high school

equivalency testing while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections.

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director may waive the requirement to

participate in or complete a substance abuse treatment program

in specific instances if the prisoner is not a good candidate

for a substance abuse treatment program for medical,

programming, or operational reasons. Availability of substance

abuse treatment shall be subject to the limits of fiscal

resources appropriated by the General Assembly for these

purposes. If treatment is not available and the requirement to

participate and complete the treatment has not been waived by

the Director, the prisoner shall be placed on a waiting list

under criteria established by the Department. The Director may

allow a prisoner placed on a waiting list to participate in and

complete a substance abuse education class or attend substance

abuse self-help meetings in lieu of a substance abuse treatment

program. A prisoner on a waiting list who is not placed in a

substance abuse program prior to release may be eligible for a

waiver and receive sentence credit under clause (3) of this

subsection (a) at the discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to receive

treatment, but who are unable to do so due solely to the lack

of resources on the part of the Department, may, at the

Director's sole discretion, be awarded sentence credit at a

rate as the Director shall determine.

(4.7) On or after the effective date of this amendatory Act

of the 100th General Assembly, sentence credit under paragraph

(3), (4), or (4.1) of this subsection (a) may be awarded to a

prisoner who is serving a sentence for an offense described in

paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

on or after the effective date of this amendatory Act of the

100th General Assembly; provided, the award of the credits

under this paragraph (4.7) shall not reduce the sentence of the

prisoner to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is

required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is

required to serve 75% of his or her sentence, except if the

prisoner is serving a sentence for gunrunning his or her

sentence shall not be reduced to less than 75%.

This paragraph (4.7) shall not apply to a prisoner serving

a sentence for an offense described in subparagraph (i) of

paragraph (2) of this subsection (a).

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of earned

sentence credit under paragraph (3) of subsection (a) of this

Section given at any time during the term, the Department shall

give reasonable notice of the impending release not less than

14 days prior to the date of the release to the State's

Attorney of the county where the prosecution of the inmate took

place, and if applicable, the State's Attorney of the county

into which the inmate will be released. The Department must

also make identification information and a recent photo of the

inmate being released accessible on the Internet by means of a

hyperlink labeled "Community Notification of Inmate Early

Release" on the Department's World Wide Web homepage. The

identification information shall include the inmate's: name,

any known alias, date of birth, physical characteristics,

commitment offense and county where conviction was imposed. The

identification information shall be placed on the website

within 3 days of the inmate's release and the information may

not be removed until either: completion of the first year of

mandatory supervised release or return of the inmate to custody

of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) The Department shall prescribe rules and regulations

for revoking sentence credit, including revoking sentence

credit awarded under paragraph (3) of subsection (a) of this

Section. The Department shall prescribe rules and regulations

for suspending or reducing the rate of accumulation of sentence

credit for specific rule violations, during imprisonment.

These rules and regulations shall provide that no inmate may be

penalized more than one year of sentence credit for any one

infraction.

When the Department seeks to revoke, suspend or reduce the

rate of accumulation of any sentence credits for an alleged

infraction of its rules, it shall bring charges therefor

against the prisoner sought to be so deprived of sentence

credits before the Prisoner Review Board as provided in

subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days or when during any 12

month period, the cumulative amount of credit revoked exceeds

30 days except where the infraction is committed or discovered

within 60 days of scheduled release. In those cases, the

Department of Corrections may revoke up to 30 days of sentence

credit. The Board may subsequently approve the revocation of

additional sentence credit, if the Department seeks to revoke

sentence credit in excess of 30 days. However, the Board shall

not be empowered to review the Department's decision with

respect to the loss of 30 days of sentence credit within any

calendar year for any prisoner or to increase any penalty

beyond the length requested by the Department.

The Director of the Department of Corrections, in

appropriate cases, may restore up to 30 days of sentence

credits which have been revoked, suspended or reduced. Any

restoration of sentence credits in excess of 30 days shall be

subject to review by the Prisoner Review Board. However, the

Board may not restore sentence credit in excess of the amount

requested by the Director.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of Corrections,

or the Prisoner Review Board, or against any of their officers

or employees, and the court makes a specific finding that a

pleading, motion, or other paper filed by the prisoner is

frivolous, the Department of Corrections shall conduct a

hearing to revoke up to 180 days of sentence credit by bringing

charges against the prisoner sought to be deprived of the

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

prisoner has not accumulated 180 days of sentence credit at the

time of the finding, then the Prisoner Review Board may revoke

all sentence credit accumulated by the prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or other

filing which purports to be a legal document filed by a

prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper purpose,

such as to harass or to cause unnecessary delay or

needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided in

Section 5-8A-7 of this Code.

(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,

eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)

(730 ILCS 5/5-4.5-95)

Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.

(a) HABITUAL CRIMINALS.

(1) Every person who has been twice convicted in any

state or federal court of an offense that contains the same

elements as an offense now (the date of the offense

committed after the 2 prior convictions) classified in

Illinois as a Class X felony, criminal sexual assault,

aggravated kidnapping, or first degree murder, and who is

thereafter convicted of a Class X felony, criminal sexual

assault, or first degree murder, committed after the 2

prior convictions, shall be adjudged an habitual criminal.

(2) The 2 prior convictions need not have been for the

same offense.

(3) Any convictions that result from or are connected

with the same transaction, or result from offenses

committed at the same time, shall be counted for the

purposes of this Section as one conviction.

(4) This Section does not apply unless each of the

following requirements are satisfied:

(A) The third offense was committed after July 3,

1980.

(B) The third offense was committed within 20 years

of the date that judgment was entered on the first

conviction; provided, however, that time spent in

custody shall not be counted.

(C) The third offense was committed after

conviction on the second offense.

(D) The second offense was committed after

conviction on the first offense.

(5) Anyone who, having attained the age of 18 at the

time of the third offense, is adjudged an habitual criminal

shall be sentenced to a term of natural life imprisonment.

(6) A prior conviction shall not be alleged in the

indictment, and no evidence or other disclosure of that

conviction shall be presented to the court or the jury

during the trial of an offense set forth in this Section

unless otherwise permitted by the issues properly raised in

that trial. After a plea or verdict or finding of guilty

and before sentence is imposed, the prosecutor may file

with the court a verified written statement signed by the

State's Attorney concerning any former conviction of an

offense set forth in this Section rendered against the

defendant. The court shall then cause the defendant to be

brought before it; shall inform the defendant of the

allegations of the statement so filed, and of his or her

right to a hearing before the court on the issue of that

former conviction and of his or her right to counsel at

that hearing; and unless the defendant admits such

conviction, shall hear and determine the issue, and shall

make a written finding thereon. If a sentence has

previously been imposed, the court may vacate that sentence

and impose a new sentence in accordance with this Section.

(7) A duly authenticated copy of the record of any

alleged former conviction of an offense set forth in this

Section shall be prima facie evidence of that former

conviction; and a duly authenticated copy of the record of

the defendant's final release or discharge from probation

granted, or from sentence and parole supervision (if any)

imposed pursuant to that former conviction, shall be prima

facie evidence of that release or discharge.

(8) Any claim that a previous conviction offered by the

prosecution is not a former conviction of an offense set

forth in this Section because of the existence of any

exceptions described in this Section, is waived unless duly

raised at the hearing on that conviction, or unless the

prosecution's proof shows the existence of the exceptions

described in this Section.

(9) If the person so convicted shows to the

satisfaction of the court before whom that conviction was

had that he or she was released from imprisonment, upon

either of the sentences upon a pardon granted for the

reason that he or she was innocent, that conviction and

sentence shall not be considered under this Section.

(b) When a defendant, over the age of 21 years, is

convicted of a Class 1 or Class 2 felony, except for an offense

listed in subsection (c) of this Section, after having twice

been convicted in any state or federal court of an offense that

contains the same elements as an offense now (the date the

Class 1 or Class 2 felony was committed) classified in Illinois

as a Class 2 or greater Class felony, except for an offense

listed in subsection (c) of this Section, and those charges are

separately brought and tried and arise out of different series

of acts, that defendant shall be sentenced as a Class X

offender. This subsection does not apply unless:

(1) the first felony was committed after February 1,

1978 (the effective date of Public Act 80-1099);

(2) the second felony was committed after conviction on

the first; and

(3) the third felony was committed after conviction on

the second.

(c) Subsection (b) of this Section does not apply to Class

1 or Class 2 felony convictions for a violation of Section 16-1

of the Criminal Code of 2012.

A person sentenced as a Class X offender under this

subsection (b) is not eligible to apply for treatment as a

condition of probation as provided by Section 40-10 of the

Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS

301/40-10).

(Source: P.A. 99-69, eff. 1-1-16.)

(730 ILCS 5/5-4.5-110 new)

Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH

PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.

(a) DEFINITIONS. For the purposes of this Section:

"Firearm" has the meaning ascribed to it in Section 1.1

of the Firearm Owners Identification Card Act.

"Qualifying predicate offense" means the following

offenses under the Criminal Code of 2012:

(A) aggravated unlawful use of a weapon under

Section 24-1.6 or similar offense under the Criminal

Code of 1961, when the weapon is a firearm;

(B) unlawful use or possession of a weapon by a

felon under Section 24-1.1 or similar offense under the

Criminal Code of 1961, when the weapon is a firearm;

(C) first degree murder under Section 9-1 or

similar offense under the Criminal Code of 1961;

(D) attempted first degree murder with a firearm or

similar offense under the Criminal Code of 1961;

(E) aggravated kidnapping with a firearm under

paragraph (6) or (7) of subsection (a) of Section 10-2

or similar offense under the Criminal Code of 1961;

(F) aggravated battery with a firearm under

subsection (e) of Section 12-3.05 or similar offense

under the Criminal Code of 1961;

(G) aggravated criminal sexual assault under

Section 11-1.30 or similar offense under the Criminal

Code of 1961;

(H) predatory criminal sexual assault of a child

under Section 11-1.40 or similar offense under the

Criminal Code of 1961;

(I) armed robbery under Section 18-2 or similar

offense under the Criminal Code of 1961;

(J) vehicular hijacking under Section 18-3 or

similar offense under the Criminal Code of 1961;

(K) aggravated vehicular hijacking under Section

18-4 or similar offense under the Criminal Code of

1961;

(L) home invasion with a firearm under paragraph

(3), (4), or (5) of subsection (a) of Section 19-6 or

similar offense under the Criminal Code of 1961;

(M) aggravated discharge of a firearm under

Section 24-1.2 or similar offense under the Criminal

Code of 1961;

(N) aggravated discharge of a machine gun or a

firearm equipped with a device designed or used for

silencing the report of a firearm under Section

24-1.2-5 or similar offense under the Criminal Code of

1961;

(0) unlawful use of firearm projectiles under

Section 24-2.1 or similar offense under the Criminal

Code of 1961;

(P) manufacture, sale, or transfer of bullets or

shells represented to be armor piercing bullets,

dragon's breath shotgun shells, bolo shells, or

flechette shells under Section 24-2.2 or similar

offense under the Criminal Code of 1961;

(Q) unlawful sale or delivery of firearms under

Section 24-3 or similar offense under the Criminal Code

of 1961;

(R) unlawful discharge of firearm projectiles

under Section 24-3.2 or similar offense under the

Criminal Code of 1961;

(S) unlawful sale or delivery of firearms on school

premises of any school under Section 24-3.3 or similar

offense under the Criminal Code of 1961;

(T) unlawful purchase of a firearm under Section

24-3.5 or similar offense under the Criminal Code of

1961;

(U) use of a stolen firearm in the commission of an

offense under Section 24-3.7 or similar offense under

the Criminal Code of 1961;

(V) possession of a stolen firearm under Section

24-3.8 or similar offense under the Criminal Code of

1961;

(W) aggravated possession of a stolen firearm

under Section 24-3.9 or similar offense under the

Criminal Code of 1961;

(X) gunrunning under Section 24-3A or similar

offense under the Criminal Code of 1961;

(Y) defacing identification marks of firearms

under Section 24-5 or similar offense under the

Criminal Code of 1961; and

(Z) armed violence under Section 33A-2 or similar

offense under the Criminal Code of 1961.

(b) APPLICABILITY. For an offense committed on or after the

effective date of this amendatory Act of the 100th General

Assembly and before January 1, 2023, when a person is convicted

of unlawful use or possession of a weapon by a felon, when the

weapon is a firearm, or aggravated unlawful use of a weapon,

when the weapon is a firearm, after being previously convicted

of a qualifying predicate offense the person shall be subject

to the sentencing guidelines under this Section.

(c) SENTENCING GUIDELINES.

(1) When a person is convicted of unlawful use or

possession of a weapon by a felon, when the weapon is a

firearm, and that person has been previously convicted of a

qualifying predicate offense, the person shall be

sentenced to a term of imprisonment within the sentencing

range of not less than 7 years and not more than 14 years,

unless the court finds that a departure from the sentencing

guidelines under this paragraph is warranted under

subsection (d) of this Section.

(2) When a person is convicted of aggravated unlawful

use of a weapon, when the weapon is a firearm, and that

person has been previously convicted of a qualifying

predicate offense, the person shall be sentenced to a term

of imprisonment within the sentencing range of not less

than 6 years and not more than 7 years, unless the court

finds that a departure from the sentencing guidelines under

this paragraph is warranted under subsection (d) of this

Section.

(3) The sentencing guidelines in paragraphs (1) and (2)

of this subsection (c) apply only to offenses committed on

and after the effective date of this amendatory Act of the

100th General Assembly and before January 1, 2023.

(d) DEPARTURE FROM SENTENCING GUIDELINES.

(1) At the sentencing hearing conducted under Section

5-4-1 of this Code, the court may depart from the

sentencing guidelines provided in subsection (c) of this

Section and impose a sentence otherwise authorized by law

for the offense if the court, after considering any factor

under paragraph (2) of this subsection (d) relevant to the

nature and circumstances of the crime and to the history

and character of the defendant, finds on the record

substantial and compelling justification that the sentence

within the sentencing guidelines would be unduly harsh and

that a sentence otherwise authorized by law would be

consistent with public safety and does not deprecate the

seriousness of the offense.

(2) In deciding whether to depart from the sentencing

guidelines under this paragraph, the court shall consider:

(A) the age, immaturity, or limited mental

capacity of the defendant at the time of commission of

the qualifying predicate or current offense, including

whether the defendant was suffering from a mental or

physical condition insufficient to constitute a

defense but significantly reduced the defendant's

culpability;

(B) the nature and circumstances of the qualifying

predicate offense;

(C) the time elapsed since the qualifying

predicate offense;

(D) the nature and circumstances of the current

offense;

(E) the defendant's prior criminal history;

(F) whether the defendant committed the qualifying

predicate or current offense under specific and

credible duress, coercion, threat, or compulsion;

(G) whether the defendant aided in the

apprehension of another felon or testified truthfully

on behalf of another prosecution of a felony; and

(H) whether departure is in the interest of the

person's rehabilitation, including employment or

educational or vocational training, after taking into

account any past rehabilitation efforts or

dispositions of probation or supervision, and the

defendant's cooperation or response to rehabilitation.

(3) When departing from the sentencing guidelines

under this Section, the court shall specify on the record,

the particular evidence, information, factor or factors,

or other reasons which led to the departure from the

sentencing guidelines. When departing from the sentencing

range in accordance with this subsection (d), the court

shall indicate on the sentencing order which departure

factor or factors outlined in paragraph (2) of this

subsection (d) led to the sentence imposed. The sentencing

order shall be filed with the clerk of the court and shall

be a public record.

(e) This Section is repealed on January 1, 2023.

(730 ILCS 5/5-6-3.3)

Sec. 5-6-3.3. Offender Initiative Program.

(a) Statement of purpose. The General Assembly seeks to

continue other successful programs that promote public safety,

conserve valuable resources, and reduce recidivism by

defendants who can lead productive lives by creating the

Offender Initiative Program.

(a-1) Whenever any person who has not previously been

convicted of, or placed on probation or conditional discharge

for, any felony offense under the laws of this State, the laws

of any other state, or the laws of the United States, is

arrested for and charged with a probationable felony offense of

theft, retail theft, forgery, possession of a stolen motor

vehicle, burglary, possession of burglary tools, deceptive

practices, disorderly conduct, criminal damage or trespass to

property under Article 21 of the Criminal Code of 2012,

criminal trespass to a residence, obstructing justice, or an

offense involving fraudulent identification, or possession of

cannabis, possession of a controlled substance, or possession

of methamphetamine, the court, with the consent of the

defendant and the State's Attorney, may continue this matter to

allow a defendant to participate and complete the Offender

Initiative Program.

(a-2) Exemptions. A defendant shall not be eligible for

this Program if the offense he or she has been arrested for and

charged with is a violent offense. For purposes of this

Program, a "violent offense" is any offense where bodily harm

was inflicted or where force was used against any person or

threatened against any person, any offense involving sexual

conduct, sexual penetration, or sexual exploitation, any

offense of domestic violence, domestic battery, violation of an

order of protection, stalking, hate crime, driving under the

influence of drugs or alcohol, and any offense involving the

possession of a firearm or dangerous weapon. A defendant shall

not be eligible for this Program if he or she has previously

been adjudicated a delinquent minor for the commission of a

violent offense as defined in this subsection.

(b) When a defendant is placed in the Program, after both

the defendant and State's Attorney waive preliminary hearing

pursuant to Section 109-3 of the Code of Criminal Procedure of

1963, the court shall enter an order specifying that the

proceedings shall be suspended while the defendant is

participating in a Program of not less 12 months.

(c) The conditions of the Program shall be that the

defendant:

(1) not violate any criminal statute of this State or

any other jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) make full restitution to the victim or property

owner pursuant to Section 5-5-6 of this Code;

(4) obtain employment or perform not less than 30 hours

of community service, provided community service is

available in the county and is funded and approved by the

county board; and

(5) attend educational courses designed to prepare the

defendant for obtaining a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program.

(d) The court may, in addition to other conditions, require

that the defendant:

(1) undergo medical or psychiatric treatment, or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(2) refrain from having in his or her body the presence

of any illicit drug prohibited by the Methamphetamine

Control and Community Protection Act, the Cannabis Control

Act or the Illinois Controlled Substances Act, unless

prescribed by a physician, and submit samples of his or her

blood or urine or both for tests to determine the presence

of any illicit drug;

(3) submit to periodic drug testing at a time, manner,

and frequency as ordered by the court;

(4) pay fines, fees and costs; and

(5) in addition, if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

or

(iv) contribute to his or her own support at home

or in a foster home.

(e) When the State's Attorney makes a factually specific

offer of proof that the defendant has failed to successfully

complete the Program or has violated any of the conditions of

the Program, the court shall enter an order that the defendant

has not successfully completed the Program and continue the

case for arraignment pursuant to Section 113-1 of the Code of

Criminal Procedure of 1963 for further proceedings as if the

defendant had not participated in the Program.

(f) Upon fulfillment of the terms and conditions of the

Program, the State's Attorney shall dismiss the case or the

court shall discharge the person and dismiss the proceedings

against the person.

(g) A person may only have There may be only one discharge

and dismissal under this Section within a 4-year period with

respect to any person.

(h) Notwithstanding subsection (a-1), if the court finds

that the defendant suffers from a substance abuse problem, then

before the person participates in the Program under this

Section, the court may refer the person to the drug court

established in that judicial circuit pursuant to Section 15 of

the Drug Court Treatment Act. The drug court team shall

evaluate the person's likelihood of successfully fulfilling

the terms and conditions of the Program under this Section and

shall report the results of its evaluation to the court. If the

drug court team finds that the person suffers from a substance

abuse problem that makes him or her substantially unlikely to

successfully fulfill the terms and conditions of the Program,

then the drug court shall set forth its findings in the form of

a written order, and the person shall be ineligible to

participate in the Program under this Section, but shall may be

considered for the drug court program.

(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)

(730 ILCS 5/5-6-3.4)

Sec. 5-6-3.4. Second Chance Probation.

(a) Whenever any person who has not previously been

convicted of, or placed on probation or conditional discharge

for, any felony offense under the laws of this State, the laws

of any other state, or the laws of the United States, including

probation under Section 410 of the Illinois Controlled

Substances Act, Section 70 of the Methamphetamine Control and

Community Protection Act, Section 10 of the Cannabis Control

Act, subsection (c) of Section 11-14 of the Criminal Code of

2012, Treatment Alternatives for Criminal Justice Clients

(TASC) under Article 40 of the Alcoholism and Other Drug Abuse

and Dependency Act, or prior successful completion of the

Offender Initiative Program under Section 5-6-3.3 of this Code,

and pleads guilty to, or is found guilty of, a probationable

felony offense of possession of less than 15 grams of a

controlled substance that is punishable as a Class 4 felony;

possession of less than 15 grams of methamphetamine that is

punishable as a Class 4 felony; or a probationable felony

offense of possession of cannabis, theft, retail theft,

forgery, deceptive practices, possession of a stolen motor

vehicle, burglary, possession of burglary tools, disorderly

conduct, criminal damage or trespass to property under Article

21 of the Criminal Code of 2012, criminal trespass to a

residence, an offense involving fraudulent identification, or

obstructing justice; theft that is punishable as a Class 3

felony based on the value of the property or punishable as a

Class 4 felony if the theft was committed in a school or place

of worship or if the theft was of governmental property; retail

theft that is punishable as a Class 3 felony based on the value

of the property; criminal damage to property that is punishable

as a Class 4 felony; criminal damage to government supported

property that is punishable as a Class 4 felony; or possession

of cannabis which is punishable as a Class 4 felony, the court,

with the consent of the defendant and the State's Attorney,

may, without entering a judgment, sentence the defendant to

probation under this Section.

(a-1) Exemptions. A defendant is not eligible for this

probation if the offense he or she pleads guilty to, or is

found guilty of, is a violent offense, or he or she has

previously been convicted of a violent offense. For purposes of

this probation, a "violent offense" is any offense where bodily

harm was inflicted or where force was used against any person

or threatened against any person, any offense involving sexual

conduct, sexual penetration, or sexual exploitation, any

offense of domestic violence, domestic battery, violation of an

order of protection, stalking, hate crime, driving under the

influence of drugs or alcohol, and any offense involving the

possession of a firearm or dangerous weapon. A defendant shall

not be eligible for this probation if he or she has previously

been adjudicated a delinquent minor for the commission of a

violent offense as defined in this subsection.

(b) When a defendant is placed on probation, the court

shall enter an order specifying a period of probation of not

less than 24 months and shall defer further proceedings in the

case until the conclusion of the period or until the filing of

a petition alleging violation of a term or condition of

probation.

(c) The conditions of probation shall be that the

defendant:

(1) not violate any criminal statute of this State or

any other jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) make full restitution to the victim or property

owner under Section 5-5-6 of this Code;

(4) obtain or attempt to obtain employment;

(5) pay fines and costs;

(6) attend educational courses designed to prepare the

defendant for obtaining a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program;

(7) submit to periodic drug testing at a time and in a

manner as ordered by the court, but no less than 3 times

during the period of probation, with the cost of the

testing to be paid by the defendant; and

(8) perform a minimum of 30 hours of community service.

(d) The court may, in addition to other conditions, require

that the defendant:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) undergo medical or psychiatric treatment, or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(3) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(4) support his or her dependents; or

(5) refrain from having in his or her body the presence

of any illicit drug prohibited by the Methamphetamine

Control and Community Protection Act, the Cannabis Control

Act, or the Illinois Controlled Substances Act, unless

prescribed by a physician, and submit samples of his or her

blood or urine or both for tests to determine the presence

of any illicit drug.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided by law.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and dismiss the

proceedings against the person.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal; however, a discharge and dismissal

under this Section is not a conviction for purposes of this

Code or for purposes of disqualifications or disabilities

imposed by law upon conviction of a crime.

(h) A person may only have There may be only one discharge

and dismissal under this Section within a 4-year period ,

Section 410 of the Illinois Controlled Substances Act, Section

70 of the Methamphetamine Control and Community Protection Act,

Section 10 of the Cannabis Control Act, Treatment Alternatives

for Criminal Justice Clients (TASC) under Article 40 of the

Alcoholism and Other Drug Abuse and Dependency Act, the

Offender Initiative Program under Section 5-6-3.3 of this Code,

and subsection (c) of Section 11-14 of the Criminal Code of

2012 with respect to any person.

(i) If a person is convicted of any offense which occurred

within 5 years subsequent to a discharge and dismissal under

this Section, the discharge and dismissal under this Section

shall be admissible in the sentencing proceeding for that

conviction as evidence in aggravation.

(j) Notwithstanding subsection (a), if the court finds that

the defendant suffers from a substance abuse problem, then

before the person is placed on probation under this Section,

the court may refer the person to the drug court established in

that judicial circuit pursuant to Section 15 of the Drug Court

Treatment Act. The drug court team shall evaluate the person's

likelihood of successfully fulfilling the terms and conditions

of probation under this Section and shall report the results of

its evaluation to the court. If the drug court team finds that

the person suffers from a substance abuse problem that makes

him or her substantially unlikely to successfully fulfill the

terms and conditions of probation under this Section, then the

drug court shall set forth its findings in the form of a

written order, and the person shall be ineligible to be placed

on probation under this Section, but shall may be considered

for the drug court program.

(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,

eff. 9-9-15.)

(730 ILCS 5/5-6-3.6 new)

Sec. 5-6-3.6. First Time Weapon Offender Program.

(a) The General Assembly has sought to promote public

safety, reduce recidivism, and conserve valuable resources of

the criminal justice system through the creation of diversion

programs for non-violent offenders. This amendatory Act of the

100th General Assembly establishes a pilot program for

first-time, non-violent offenders charged with certain weapons

offenses. The General Assembly recognizes some persons,

particularly young adults in areas of high crime or poverty,

may have experienced trauma that contributes to poor decision

making skills, and the creation of a diversionary program poses

a greater benefit to the community and the person than

incarceration. Under this program, a court, with the consent of

the defendant and the State's Attorney, may sentence a

defendant charged with an unlawful use of weapons offense under

Section 24-1 of the Criminal Code of 2012 or aggravated

unlawful use of a weapon offense under Section 24-1.6 of the

Criminal Code of 2012, if punishable as a Class 4 felony or

lower, to a First Time Weapon Offender Program.

(b) A defendant is not eligible for this Program if:

(1) the offense was committed during the commission of

a violent offense as defined in subsection (h) of this

Section;

(2) he or she has previously been convicted or placed

on probation or conditional discharge for any violent

offense under the laws of this State, the laws of any other

state, or the laws of the United States;

(3) he or she had a prior successful completion of the

First Time Weapon Offender Program under this Section;

(4) he or she has previously been adjudicated a

delinquent minor for the commission of a violent offense;

(5) he or she is 21 years of age or older; or

(6) he or she has an existing order of protection

issued against him or her.

(b-5) In considering whether a defendant shall be sentenced

to the First Time Weapon Offender Program, the court shall

consider the following:

(1) the age, immaturity, or limited mental capacity of

the defendant;

(2) the nature and circumstances of the offense;

(3) whether participation in the Program is in the

interest of the defendant's rehabilitation, including any

employment or involvement in community, educational,

training, or vocational programs;

(4) whether the defendant suffers from trauma, as

supported by documentation or evaluation by a licensed

professional; and

(5) the potential risk to public safety.

(c) For an offense committed on or after the effective date

of this amendatory Act of the 100th General Assembly and before

January 1, 2023, whenever an eligible person pleads guilty to

an unlawful use of weapons offense under Section 24-1 of the

Criminal Code of 2012 or aggravated unlawful use of a weapon

offense under Section 24-1.6 of the Criminal Code of 2012,

which is punishable as a Class 4 felony or lower, the court,

with the consent of the defendant and the State's Attorney,

may, without entering a judgment, sentence the defendant to

complete the First Time Weapon Offender Program. When a

defendant is placed in the Program, the court shall defer

further proceedings in the case until the conclusion of the

period or until the filing of a petition alleging violation of

a term or condition of the Program. Upon violation of a term or

condition of the Program, the court may enter a judgment on its

original finding of guilt and proceed as otherwise provided by

law. Upon fulfillment of the terms and conditions of the

Program, the court shall discharge the person and dismiss the

proceedings against the person.

(d) The Program shall be at least 18 months and not to

exceed 24 months, as determined by the court at the

recommendation of the program administrator and the State's

Attorney.

(e) The conditions of the Program shall be that the

defendant:

(1) not violate any criminal statute of this State or

any other jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) obtain or attempt to obtain employment;

(4) attend educational courses designed to prepare the

defendant for obtaining a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program;

(5) refrain from having in his or her body the presence

of any illicit drug prohibited by the Methamphetamine

Control and Community Protection Act, the Cannabis Control

Act, or the Illinois Controlled Substances Act, unless

prescribed by a physician, and submit samples of his or her

blood or urine or both for tests to determine the presence

of any illicit drug;

(6) perform a minimum of 50 hours of community service;

(7) attend and participate in any Program activities

deemed required by the Program administrator, including

but not limited to: counseling sessions, in-person and over

the phone check-ins, and educational classes; and

(8) pay all fines, assessments, fees, and costs.

(f) The Program may, in addition to other conditions,

require that the defendant:

(1) wear an ankle bracelet with GPS tracking;

(2) undergo medical or psychiatric treatment, or

treatment or rehabilitation approved by the Department of

Human Services; and

(3) attend or reside in a facility established for the

instruction or residence of defendants on probation.

(g) There may be only one discharge and dismissal under

this Section. If a person is convicted of any offense which

occurred within 5 years subsequent to a discharge and dismissal

under this Section, the discharge and dismissal under this

Section shall be admissible in the sentencing proceeding for

that conviction as evidence in aggravation.

(h) For purposes of this Section, "violent offense" means

any offense in which bodily harm was inflicted or force was

used against any person or threatened against any person; any

offense involving the possession of a firearm or dangerous

weapon; any offense involving sexual conduct, sexual

penetration, or sexual exploitation; violation of an order of

protection, stalking, hate crime, domestic battery, or any

offense of domestic violence.

(i) This Section is repealed on January 1, 2023.

(730 ILCS 5/5-8-8)

(Section scheduled to be repealed on December 31, 2020)

Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.

(a) Creation. There is created under the jurisdiction of

the Governor the Illinois Sentencing Policy Advisory Council,

hereinafter referred to as the Council.

(b) Purposes and goals. The purpose of the Council is to

review sentencing policies and practices and examine how these

policies and practices impact the criminal justice system as a

whole in the State of Illinois. In carrying out its duties, the

Council shall be mindful of and aim to achieve the purposes of

sentencing in Illinois, which are set out in Section 1-1-2 of

this Code:

(1) prescribe sanctions proportionate to the

seriousness of the offenses and permit the recognition of

differences in rehabilitation possibilities among

individual offenders;

(2) forbid and prevent the commission of offenses;

(3) prevent arbitrary or oppressive treatment of

persons adjudicated offenders or delinquents; and

(4) restore offenders to useful citizenship.

(c) Council composition.

(1) The Council shall consist of the following members:

(A) the President of the Senate, or his or her

designee;

(B) the Minority Leader of the Senate, or his or

her designee;

(C) the Speaker of the House, or his or her

designee;

(D) the Minority Leader of the House, or his or her

designee;

(E) the Governor, or his or her designee;

(F) the Attorney General, or his or her designee;

(G) two retired judges, who may have been circuit,

appellate, or supreme court judges; retired judges

shall be selected by the members of the Council

designated in clauses (c)(1)(A) through (L);

(G-5) (blank);

(H) the Cook County State's Attorney, or his or her

designee;

(I) the Cook County Public Defender, or his or her

designee;

(J) a State's Attorney not from Cook County,

appointed by the State's Attorney's Appellate

Prosecutor;

(K) the State Appellate Defender, or his or her

designee;

(L) the Director of the Administrative Office of

the Illinois Courts, or his or her designee;

(M) a victim of a violent felony or a

representative of a crime victims' organization,

selected by the members of the Council designated in

clauses (c)(1)(A) through (L);

(N) a representative of a community-based

organization, selected by the members of the Council

designated in clauses (c)(1)(A) through (L);

(O) a criminal justice academic researcher, to be

selected by the members of the Council designated in

clauses (c)(1)(A) through (L);

(P) a representative of law enforcement from a unit

of local government to be selected by the members of

the Council designated in clauses (c)(1)(A) through

(L);

(Q) a sheriff selected by the members of the

Council designated in clauses (c)(1)(A) through (L);

and

(R) ex-officio members shall include:

(i) the Director of Corrections, or his or her

designee;

(ii) the Chair of the Prisoner Review Board, or

his or her designee;

(iii) the Director of the Illinois State

Police, or his or her designee; and

(iv) the Director of the Illinois Criminal

Justice Information Authority, or his or her

designee.

(1.5) The Chair and Vice Chair shall be elected from

among its members by a majority of the members of the

Council.

(2) Members of the Council who serve because of their

public office or position, or those who are designated as

members by such officials, shall serve only as long as they

hold such office or position.

(3) Council members shall serve without compensation

but shall be reimbursed for travel and per diem expenses

incurred in their work for the Council.

(4) The Council may exercise any power, perform any

function, take any action, or do anything in furtherance of

its purposes and goals upon the appointment of a quorum of

its members. The term of office of each member of the

Council ends on the date of repeal of this amendatory Act

of the 96th General Assembly.

(d) Duties. The Council shall perform, as resources permit,

duties including:

(1) Collect and analyze information including

sentencing data, crime trends, and existing correctional

resources to support legislative and executive action

affecting the use of correctional resources on the State

and local levels.

(2) Prepare criminal justice population projections

annually, including correctional and community-based

supervision populations.

(3) Analyze data relevant to proposed sentencing

legislation and its effect on current policies or

practices, and provide information to support

evidence-based sentencing.

(4) Ensure that adequate resources and facilities are

available for carrying out sentences imposed on offenders

and that rational priorities are established for the use of

those resources. To do so, the Council shall prepare

criminal justice resource statements, identifying the

fiscal and practical effects of proposed criminal

sentencing legislation, including, but not limited to, the

correctional population, court processes, and county or

local government resources.

(4.5) Study and conduct a thorough analysis of

sentencing under Section 5-4.5-110 of this Code. The

Sentencing Policy Advisory Council shall provide annual

reports to the Governor and General Assembly, including the

total number of persons sentenced under Section 5-4.5-110

of this Code, the total number of departures from sentences

under Section 5-4.5-110 of this Code, and an analysis of

trends in sentencing and departures. On or before December

31, 2022, the Sentencing Policy Advisory Council shall

provide a report to the Governor and General Assembly on

the effectiveness of sentencing under Section 5-4.5-110 of

this Code, including recommendations on whether sentencing

under Section 5-4.5-110 of this Code should be adjusted or

continued.

(5) Perform such other studies or tasks pertaining to

sentencing policies as may be requested by the Governor or

the Illinois General Assembly.

(6) Perform such other functions as may be required by

law or as are necessary to carry out the purposes and goals

of the Council prescribed in subsection (b).

(7) Publish a report on the trends in sentencing for

offenders described in subsection (b-1) of Section 5-4-1 of

this Code, the impact of the trends on the prison and

probation populations, and any changes in the racial

composition of the prison and probation populations that

can be attributed to the changes made by adding subsection

(b-1) of Section 5-4-1 to this Code by Public Act 99-861

this amendatory Act of the 99th General Assembly.

(e) Authority.

(1) The Council shall have the power to perform the

functions necessary to carry out its duties, purposes and

goals under this Act. In so doing, the Council shall

utilize information and analysis developed by the Illinois

Criminal Justice Information Authority, the Administrative

Office of the Illinois Courts, and the Illinois Department

of Corrections.

(2) Upon request from the Council, each executive

agency and department of State and local government shall

provide information and records to the Council in the

execution of its duties.

(f) Report. The Council shall report in writing annually to

the General Assembly, the Illinois Supreme Court, and the

Governor.

(g) This Section is repealed on December 31, 2020.

(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;

99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)