SB1722 Enrolled LRB100 11347 RLC 21730 b
1		AN ACT concerning safe neighborhoods.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. This Act may be referred to as the Safe
5		Neighborhoods Reform Act.
6		Section 3. The Department of State Police Law of the Civil
7		Administrative Code of Illinois is amended by adding Section
8		2605-605 as follows:
9		(20 ILCS 2605/2605-605 new)
10		Sec. 2605-605. Violent Crime Intelligence Task Force.
11		The Director of State Police may establish a statewide
12		multi-jurisdictional Violent Crime Intelligence Task Force led
13		by the Department of State Police dedicated to combating gun
14		violence, gun-trafficking, and other violent crime with the
15		primary mission of preservation of life and reducing the
16		occurrence and the fear of crime. The objectives of the Task
17		Force shall include, but not be limited to, reducing and
18		preventing illegal possession and use of firearms,
19		firearm-related homicides, and other violent crimes.
20		(1) The Task Force may develop and acquire information,
21		training, tools, and resources necessary to implement a
22		data-driven approach to policing, with an emphasis on

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1		intelligence development.
2		(2) The Task Force may utilize information sharing,
3		partnerships, crime analysis, and evidence-based practices to
4		assist in the reduction of firearm-related shootings,
5		homicides, and gun-trafficking.
6		(3) The Task Force may recognize and utilize best practices
7		of community policing and may develop potential partnerships
8		with faith-based and community organizations to achieve its
9		goals.
10		(4) The Task Force may identify and utilize best practices
11		in drug-diversion programs and other community-based services
12		to redirect low-level offenders.
13		(5) The Task Force may assist in violence suppression
14		strategies including, but not limited to, details in identified
15		locations that have shown to be the most prone to gun violence
16		and violent crime, focused deterrence against violent gangs and
17		groups considered responsible for the violence in communities,
18		and other intelligence driven methods deemed necessary to
19		interrupt cycles of violence or prevent retaliation.
20		(6) In consultation with the Chief Procurement Officer, the
21		Department of State Police may obtain contracts for software,
22		commodities, resources, and equipment to assist the Task Force
23		with achieving this Act. Any contracts necessary to support the
24		delivery of necessary software, commodities, resources, and
25		equipment are not subject to the Illinois Procurement Code,
26		except for Sections 20-60, 20-65, 20-70, and 20-160 and Article

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1		50 of that Code, provided that the Chief Procurement Officer
2		may, in writing with justification, waive any certification
3		required under Article 50 of the Illinois Procurement Code.
4		Section 5. The Criminal Identification Act is amended by
5		changing Section 2.1 as follows:
6		(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
7		Sec. 2.1. For the purpose of maintaining complete and
8		accurate criminal records of the Department of State Police, it
9		is necessary for all policing bodies of this State, the clerk
10		of the circuit court, the Illinois Department of Corrections,
11		the sheriff of each county, and State's Attorney of each county
12		to submit certain criminal arrest, charge, and disposition
13		information to the Department for filing at the earliest time
14		possible. Unless otherwise noted herein, it shall be the duty
15		of all policing bodies of this State, the clerk of the circuit
16		court, the Illinois Department of Corrections, the sheriff of
17		each county, and the State's Attorney of each county to report
18		such information as provided in this Section, both in the form
19		and manner required by the Department and within 30 days of the
20		criminal history event. Specifically:
21		(a) Arrest Information. All agencies making arrests for
22		offenses which are required by statute to be collected,
23		maintained or disseminated by the Department of State Police
24		shall be responsible for furnishing daily to the Department

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1		fingerprints, charges and descriptions of all persons who are
2		arrested for such offenses. All such agencies shall also notify
3		the Department of all decisions by the arresting agency not to
4		refer such arrests for prosecution. With approval of the
5		Department, an agency making such arrests may enter into
6		arrangements with other agencies for the purpose of furnishing
7		daily such fingerprints, charges and descriptions to the
8		Department upon its behalf.
9		(b) Charge Information. The State's Attorney of each county
10		shall notify the Department of all charges filed and all
11		petitions filed alleging that a minor is delinquent, including
12		all those added subsequent to the filing of a case, and whether
13		charges were not filed in cases for which the Department has
14		received information required to be reported pursuant to
15		paragraph (a) of this Section. With approval of the Department,
16		the State's Attorney may enter into arrangements with other
17		agencies for the purpose of furnishing the information required
18		by this subsection (b) to the Department upon the State's
19		Attorney's behalf.
20		(c) Disposition Information. The clerk of the circuit court
21		of each county shall furnish the Department, in the form and
22		manner required by the Supreme Court, with all final
23		dispositions of cases for which the Department has received
24		information required to be reported pursuant to paragraph (a)
25		or (d) of this Section. Such information shall include, for
26		each charge, all (1) judgments of not guilty, judgments of

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1		guilty including the sentence pronounced by the court with
2		statutory citations to the relevant sentencing provision,
3		findings that a minor is delinquent and any sentence made based
4		on those findings, discharges and dismissals in the court; (2)
5		reviewing court orders filed with the clerk of the circuit
6		court which reverse or remand a reported conviction or findings
7		that a minor is delinquent or that vacate or modify a sentence
8		or sentence made following a trial that a minor is delinquent;
9		(3) continuances to a date certain in furtherance of an order
10		of supervision granted under Section 5-6-1 of the Unified Code
11		of Corrections or an order of probation granted under Section
12		10 of the Cannabis Control Act, Section 410 of the Illinois
13		Controlled Substances Act, Section 70 of the Methamphetamine
14		Control and Community Protection Act, Section 12-4.3 or
15		subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
16		1961 or the Criminal Code of 2012, Section 10-102 of the
17		Illinois Alcoholism and Other Drug Dependency Act, Section
18		40-10 of the Alcoholism and Other Drug Abuse and Dependency
19		Act, Section 10 of the Steroid Control Act, or Section 5-615 of
20		the Juvenile Court Act of 1987; and (4) judgments or court
21		orders terminating or revoking a sentence to or juvenile
22		disposition of probation, supervision or conditional discharge
23		and any resentencing or new court orders entered by a juvenile
24		court relating to the disposition of a minor's case involving
25		delinquency after such revocation.
26		(d) Fingerprints After Sentencing.

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1		(1) After the court pronounces sentence, sentences a
2		minor following a trial in which a minor was found to be
3		delinquent or issues an order of supervision or an order of
4		probation granted under Section 10 of the Cannabis Control
5		Act, Section 410 of the Illinois Controlled Substances Act,
6		Section 70 of the Methamphetamine Control and Community
7		Protection Act, Section 12-4.3 or subdivision (b)(1) of
8		Section 12-3.05 of the Criminal Code of 1961 or the
9		Criminal Code of 2012, Section 10-102 of the Illinois
10		Alcoholism and Other Drug Dependency Act, Section 40-10 of
11		the Alcoholism and Other Drug Abuse and Dependency Act,
12		Section 10 of the Steroid Control Act, or Section 5-615 of
13		the Juvenile Court Act of 1987 for any offense which is
14		required by statute to be collected, maintained, or
15		disseminated by the Department of State Police, the State's
16		Attorney of each county shall ask the court to order a law
17		enforcement agency to fingerprint immediately all persons
18		appearing before the court who have not previously been
19		fingerprinted for the same case. The court shall so order
20		the requested fingerprinting, if it determines that any
21		such person has not previously been fingerprinted for the
22		same case. The law enforcement agency shall submit such
23		fingerprints to the Department daily.
24		(2) After the court pronounces sentence or makes a
25		disposition of a case following a finding of delinquency
26		for any offense which is not required by statute to be

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1		collected, maintained, or disseminated by the Department
2		of State Police, the prosecuting attorney may ask the court
3		to order a law enforcement agency to fingerprint
4		immediately all persons appearing before the court who have
5		not previously been fingerprinted for the same case. The
6		court may so order the requested fingerprinting, if it
7		determines that any so sentenced person has not previously
8		been fingerprinted for the same case. The law enforcement
9		agency may retain such fingerprints in its files.
10		(e) Corrections Information. The Illinois Department of
11		Corrections and the sheriff of each county shall furnish the
12		Department with all information concerning the receipt,
13		escape, execution, death, release, pardon, parole, commutation
14		of sentence, granting of executive clemency or discharge of an
15		individual who has been sentenced or committed to the agency's
16		custody for any offenses which are mandated by statute to be
17		collected, maintained or disseminated by the Department of
18		State Police. For an individual who has been charged with any
19		such offense and who escapes from custody or dies while in
20		custody, all information concerning the receipt and escape or
21		death, whichever is appropriate, shall also be so furnished to
22		the Department.
23		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
24		Section 15. The Criminal Code of 2012 is amended by
25		changing Sections 19-1, 24-1.1, and 24-1.6 as follows:

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1		(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
2		Sec. 19-1. Burglary.
3		(a) A person commits burglary when without authority he or
4		she knowingly enters or without authority remains within a
5		building, housetrailer, watercraft, aircraft, motor vehicle,
6		railroad car, or any part thereof, with intent to commit
7		therein a felony or theft. This offense shall not include the
8		offenses set out in Section 4-102 of the Illinois Vehicle Code.
9		(b) Sentence.
10		Burglary committed in, and without causing damage to, a
11		watercraft, aircraft, motor vehicle, railroad car, or any part
12		thereof is a Class 3 felony. Burglary committed in a building,
13		housetrailer, or any part thereof or while causing damage to a
14		watercraft, aircraft, motor vehicle, railroad car, or any part
15		thereof is a Class 2 felony. A burglary committed in a school,
16		day care center, day care home, group day care home, or part
17		day child care facility, or place of worship is a Class 1
18		felony, except that this provision does not apply to a day care
19		center, day care home, group day care home, or part day child
20		care facility operated in a private residence used as a
21		dwelling.
22		(c) Regarding penalties prescribed in subsection (b) for
23		violations committed in a day care center, day care home, group
24		day care home, or part day child care facility, the time of
25		day, time of year, and whether children under 18 years of age

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1		were present in the day care center, day care home, group day
2		care home, or part day child care facility are irrelevant.
3		(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
4		(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
5		Sec. 24-1.1. Unlawful Use or Possession of Weapons by
6		Felons or Persons in the Custody of the Department of
7		Corrections Facilities.
8		(a) It is unlawful for a person to knowingly possess on or
9		about his person or on his land or in his own abode or fixed
10		place of business any weapon prohibited under Section 24-1 of
11		this Act or any firearm or any firearm ammunition if the person
12		has been convicted of a felony under the laws of this State or
13		any other jurisdiction. This Section shall not apply if the
14		person has been granted relief by the Director of the
15		Department of State Police under Section 10 of the Firearm
16		Owners Identification Card Act.
17		(b) It is unlawful for any person confined in a penal
18		institution, which is a facility of the Illinois Department of
19		Corrections, to possess any weapon prohibited under Section
20		24-1 of this Code or any firearm or firearm ammunition,
21		regardless of the intent with which he possesses it.
22		(c) It shall be an affirmative defense to a violation of
23		subsection (b), that such possession was specifically
24		authorized by rule, regulation, or directive of the Illinois
25		Department of Corrections or order issued pursuant thereto.

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1		(d) The defense of necessity is not available to a person
2		who is charged with a violation of subsection (b) of this
3		Section.
4		(e) Sentence. Violation of this Section by a person not
5		confined in a penal institution shall be a Class 3 felony for
6		which the person shall be sentenced to no less than 2 years and
7		no more than 10 years. A and any second or subsequent violation
8		of this Section shall be a Class 2 felony for which the person
9		shall be sentenced to a term of imprisonment of not less than 3
10		years and not more than 14 years, except as provided for in
11		Section 5-4.5-110 of the Unified Code of Corrections. Violation
12		of this Section by a person not confined in a penal institution
13		who has been convicted of a forcible felony, a felony violation
14		of Article 24 of this Code or of the Firearm Owners
15		Identification Card Act, stalking or aggravated stalking, or a
16		Class 2 or greater felony under the Illinois Controlled
17		Substances Act, the Cannabis Control Act, or the
18		Methamphetamine Control and Community Protection Act is a Class
19		2 felony for which the person shall be sentenced to not less
20		than 3 years and not more than 14 years, except as provided for
21		in Section 5-4.5-110 of the Unified Code of Corrections.
22		Violation of this Section by a person who is on parole or
23		mandatory supervised release is a Class 2 felony for which the
24		person shall be sentenced to not less than 3 years and not more
25		than 14 years, except as provided for in Section 5-4.5-110 of
26		the Unified Code of Corrections. Violation of this Section by a

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1		person not confined in a penal institution is a Class X felony
2		when the firearm possessed is a machine gun. Any person who
3		violates this Section while confined in a penal institution,
4		which is a facility of the Illinois Department of Corrections,
5		is guilty of a Class 1 felony, if he possesses any weapon
6		prohibited under Section 24-1 of this Code regardless of the
7		intent with which he possesses it, a Class X felony if he
8		possesses any firearm, firearm ammunition or explosive, and a
9		Class X felony for which the offender shall be sentenced to not
10		less than 12 years and not more than 50 years when the firearm
11		possessed is a machine gun. A violation of this Section while
12		wearing or in possession of body armor as defined in Section
13		33F-1 is a Class X felony punishable by a term of imprisonment
14		of not less than 10 years and not more than 40 years. The
15		possession of each firearm or firearm ammunition in violation
16		of this Section constitutes a single and separate violation.
17		(Source: P.A. 97-237, eff. 1-1-12.)
18		(720 ILCS 5/24-1.6)
19		Sec. 24-1.6. Aggravated unlawful use of a weapon.
20		(a) A person commits the offense of aggravated unlawful use
21		of a weapon when he or she knowingly:
22		(1) Carries on or about his or her person or in any
23		vehicle or concealed on or about his or her person except
24		when on his or her land or in his or her abode, legal
25		dwelling, or fixed place of business, or on the land or in

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1		the legal dwelling of another person as an invitee with
2		that person's permission, any pistol, revolver, stun gun or
3		taser or other firearm; or
4		(2) Carries or possesses on or about his or her person,
5		upon any public street, alley, or other public lands within
6		the corporate limits of a city, village or incorporated
7		town, except when an invitee thereon or therein, for the
8		purpose of the display of such weapon or the lawful
9		commerce in weapons, or except when on his or her own land
10		or in his or her own abode, legal dwelling, or fixed place
11		of business, or on the land or in the legal dwelling of
12		another person as an invitee with that person's permission,
13		any pistol, revolver, stun gun or taser or other firearm;
14		and
15		(3) One of the following factors is present:
16		(A) the firearm, other than a pistol, revolver, or
17		handgun, possessed was uncased, loaded, and
18		immediately accessible at the time of the offense; or
19		(A-5) the pistol, revolver, or handgun possessed
20		was uncased, loaded, and immediately accessible at the
21		time of the offense and the person possessing the
22		pistol, revolver, or handgun has not been issued a
23		currently valid license under the Firearm Concealed
24		Carry Act; or
25		(B) the firearm, other than a pistol, revolver, or
26		handgun, possessed was uncased, unloaded, and the

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1		ammunition for the weapon was immediately accessible
2		at the time of the offense; or
3		(B-5) the pistol, revolver, or handgun possessed
4		was uncased, unloaded, and the ammunition for the
5		weapon was immediately accessible at the time of the
6		offense and the person possessing the pistol,
7		revolver, or handgun has not been issued a currently
8		valid license under the Firearm Concealed Carry Act; or
9		(C) the person possessing the firearm has not been
10		issued a currently valid Firearm Owner's
11		Identification Card; or
12		(D) the person possessing the weapon was
13		previously adjudicated a delinquent minor under the
14		Juvenile Court Act of 1987 for an act that if committed
15		by an adult would be a felony; or
16		(E) the person possessing the weapon was engaged in
17		a misdemeanor violation of the Cannabis Control Act, in
18		a misdemeanor violation of the Illinois Controlled
19		Substances Act, or in a misdemeanor violation of the
20		Methamphetamine Control and Community Protection Act;
21		or
22		(F) (blank); or
23		(G) the person possessing the weapon had an a order
24		of protection issued against him or her within the
25		previous 2 years; or
26		(H) the person possessing the weapon was engaged in

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1		the commission or attempted commission of a
2		misdemeanor involving the use or threat of violence
3		against the person or property of another; or
4		(I) the person possessing the weapon was under 21
5		years of age and in possession of a handgun, unless the
6		person under 21 is engaged in lawful activities under
7		the Wildlife Code or described in subsection
8		24-2(b)(1), (b)(3), or 24-2(f).
9		(a-5) "Handgun" as used in this Section has the meaning
10		given to it in Section 5 of the Firearm Concealed Carry Act.
11		(b) "Stun gun or taser" as used in this Section has the
12		same definition given to it in Section 24-1 of this Code.
13		(c) This Section does not apply to or affect the
14		transportation or possession of weapons that:
15		(i) are broken down in a non-functioning state; or
16		(ii) are not immediately accessible; or
17		(iii) are unloaded and enclosed in a case, firearm
18		carrying box, shipping box, or other container by a person
19		who has been issued a currently valid Firearm Owner's
20		Identification Card.
21		(d) Sentence.
22		(1) Aggravated unlawful use of a weapon is a Class 4
23		felony; a second or subsequent offense is a Class 2 felony
24		for which the person shall be sentenced to a term of
25		imprisonment of not less than 3 years and not more than 7
26		years, except as provided for in Section 5-4.5-110 of the

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1		Unified Code of Corrections.
2		(2) Except as otherwise provided in paragraphs (3) and
3		(4) of this subsection (d), a first offense of aggravated
4		unlawful use of a weapon committed with a firearm by a
5		person 18 years of age or older where the factors listed in
6		both items (A) and (C) or both items (A-5) and (C) of
7		paragraph (3) of subsection (a) are present is a Class 4
8		felony, for which the person shall be sentenced to a term
9		of imprisonment of not less than one year and not more than
10		3 years.
11		(3) Aggravated unlawful use of a weapon by a person who
12		has been previously convicted of a felony in this State or
13		another jurisdiction is a Class 2 felony for which the
14		person shall be sentenced to a term of imprisonment of not
15		less than 3 years and not more than 7 years, except as
16		provided for in Section 5-4.5-110 of the Unified Code of
17		Corrections.
18		(4) Aggravated unlawful use of a weapon while wearing
19		or in possession of body armor as defined in Section 33F-1
20		by a person who has not been issued a valid Firearms
21		Owner's Identification Card in accordance with Section 5 of
22		the Firearm Owners Identification Card Act is a Class X
23		felony.
24		(e) The possession of each firearm in violation of this
25		Section constitutes a single and separate violation.
26		(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

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1		Section 20. The Cannabis Control Act is amended by changing
2		Sections 5.2 and 10 as follows:
3		(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
4		Sec. 5.2. Delivery of cannabis on school grounds.
5		(a) Any person who violates subsection (e) of Section 5 in
6		any school, on the real property comprising any school, or any
7		conveyance owned, leased or contracted by a school to transport
8		students to or from school or a school related activity, or on
9		any public way within 500 1,000 feet of the real property
10		comprising any school, or in any conveyance owned, leased or
11		contracted by a school to transport students to or from school
12		or a school related activity, and at the time of the violation
13		persons under the age of 18 are present, the offense is
14		committed during school hours, or the offense is committed at
15		times when persons under the age of 18 are reasonably expected
16		to be present in the school, in the conveyance, on the real
17		property, or on the public way, such as when after-school
18		activities are occurring, is guilty of a Class 1 felony, the
19		fine for which shall not exceed $200,000;
20		(b) Any person who violates subsection (d) of Section 5 in
21		any school, on the real property comprising any school, or any
22		conveyance owned, leased or contracted by a school to transport
23		students to or from school or a school related activity, or on
24		any public way within 500 1,000 feet of the real property

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1		comprising any school, or in any conveyance owned, leased or
2		contracted by a school to transport students to or from school
3		or a school related activity, and at the time of the violation
4		persons under the age of 18 are present, the offense is
5		committed during school hours, or the offense is committed at
6		times when persons under the age of 18 are reasonably expected
7		to be present in the school, in the conveyance, on the real
8		property, or on the public way, such as when after-school
9		activities are occurring, is guilty of a Class 2 felony, the
10		fine for which shall not exceed $100,000;
11		(c) Any person who violates subsection (c) of Section 5 in
12		any school, on the real property comprising any school, or any
13		conveyance owned, leased or contracted by a school to transport
14		students to or from school or a school related activity, or on
15		any public way within 500 1,000 feet of the real property
16		comprising any school, or in any conveyance owned, leased or
17		contracted by a school to transport students to or from school
18		or a school related activity, and at the time of the violation
19		persons under the age of 18 are present, the offense is
20		committed during school hours, or the offense is committed at
21		times when persons under the age of 18 are reasonably expected
22		to be present in the school, in the conveyance, on the real
23		property, or on the public way, such as when after-school
24		activities are occurring, is guilty of a Class 3 felony, the
25		fine for which shall not exceed $50,000;
26		(d) Any person who violates subsection (b) of Section 5 in

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1		any school, on the real property comprising any school, or any
2		conveyance owned, leased or contracted by a school to transport
3		students to or from school or a school related activity, or on
4		any public way within 500 1,000 feet of the real property
5		comprising any school, or in any conveyance owned, leased or
6		contracted by a school to transport students to or from school
7		or a school related activity, and at the time of the violation
8		persons under the age of 18 are present, the offense is
9		committed during school hours, or the offense is committed at
10		times when persons under the age of 18 are reasonably expected
11		to be present in the school, in the conveyance, on the real
12		property, or on the public way, such as when after-school
13		activities are occurring, is guilty of a Class 4 felony, the
14		fine for which shall not exceed $25,000;
15		(e) Any person who violates subsection (a) of Section 5 in
16		any school, on the real property comprising any school, or in
17		any conveyance owned, leased or contracted by a school to
18		transport students to or from school or a school related
19		activity, on any public way within 500 1,000 feet of the real
20		property comprising any school, or any conveyance owned, leased
21		or contracted by a school to transport students to or from
22		school or a school related activity, and at the time of the
23		violation persons under the age of 18 are present, the offense
24		is committed during school hours, or the offense is committed
25		at times when persons under the age of 18 are reasonably
26		expected to be present in the school, in the conveyance, on the

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1		real property, or on the public way, such as when after-school
2		activities are occurring, is guilty of a Class A misdemeanor.
3		(Source: P.A. 87-544.)
4		(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
5		Sec. 10. (a) Whenever any person who has not previously
6		been convicted of, or placed on probation or court supervision
7		for, any felony offense under this Act or any law of the United
8		States or of any State relating to cannabis, or controlled
9		substances as defined in the Illinois Controlled Substances
10		Act, pleads guilty to or is found guilty of violating Sections
11		4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
12		may, without entering a judgment and with the consent of such
13		person, sentence him to probation.
14		(b) When a person is placed on probation, the court shall
15		enter an order specifying a period of probation of 24 months,
16		and shall defer further proceedings in the case until the
17		conclusion of the period or until the filing of a petition
18		alleging violation of a term or condition of probation.
19		(c) The conditions of probation shall be that the person:
20		(1) not violate any criminal statute of any jurisdiction; (2)
21		refrain from possession of a firearm or other dangerous weapon;
22		(3) submit to periodic drug testing at a time and in a manner
23		as ordered by the court, but no less than 3 times during the
24		period of the probation, with the cost of the testing to be
25		paid by the probationer; and (4) perform no less than 30 hours

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1		of community service, provided community service is available
2		in the jurisdiction and is funded and approved by the county
3		board.
4		(d) The court may, in addition to other conditions, require
5		that the person:
6		(1) make a report to and appear in person before or
7		participate with the court or such courts, person, or
8		social service agency as directed by the court in the order
9		of probation;
10		(2) pay a fine and costs;
11		(3) work or pursue a course of study or vocational
12		training;
13		(4) undergo medical or psychiatric treatment; or
14		treatment for drug addiction or alcoholism;
15		(5) attend or reside in a facility established for the
16		instruction or residence of defendants on probation;
17		(6) support his dependents;
18		(7) refrain from possessing a firearm or other
19		dangerous weapon;
20		(7-5) refrain from having in his or her body the
21		presence of any illicit drug prohibited by the Cannabis
22		Control Act, the Illinois Controlled Substances Act, or the
23		Methamphetamine Control and Community Protection Act,
24		unless prescribed by a physician, and submit samples of his
25		or her blood or urine or both for tests to determine the
26		presence of any illicit drug;

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1		(8) and in addition, if a minor:
2		(i) reside with his parents or in a foster home;
3		(ii) attend school;
4		(iii) attend a non-residential program for youth;
5		(iv) contribute to his own support at home or in a
6		foster home.
7		(e) Upon violation of a term or condition of probation, the
8		court may enter a judgment on its original finding of guilt and
9		proceed as otherwise provided.
10		(f) Upon fulfillment of the terms and conditions of
11		probation, the court shall discharge such person and dismiss
12		the proceedings against him.
13		(g) A disposition of probation is considered to be a
14		conviction for the purposes of imposing the conditions of
15		probation and for appeal, however, discharge and dismissal
16		under this Section is not a conviction for purposes of
17		disqualification or disabilities imposed by law upon
18		conviction of a crime (including the additional penalty imposed
19		for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
20		of this Act).
21		(h) A person may not have more than one discharge Discharge
22		and dismissal under this Section within a 4-year period ,
23		Section 410 of the Illinois Controlled Substances Act, Section
24		70 of the Methamphetamine Control and Community Protection Act,
25		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
26		or subsection (c) of Section 11-14 of the Criminal Code of 1961

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1		or the Criminal Code of 2012 may occur only once with respect
2		to any person.
3		(i) If a person is convicted of an offense under this Act,
4		the Illinois Controlled Substances Act, or the Methamphetamine
5		Control and Community Protection Act within 5 years subsequent
6		to a discharge and dismissal under this Section, the discharge
7		and dismissal under this Section shall be admissible in the
8		sentencing proceeding for that conviction as a factor in
9		aggravation.
10		(j) Notwithstanding subsection (a), before a person is
11		sentenced to probation under this Section, the court may refer
12		the person to the drug court established in that judicial
13		circuit pursuant to Section 15 of the Drug Court Treatment Act.
14		The drug court team shall evaluate the person's likelihood of
15		successfully completing a sentence of probation under this
16		Section and shall report the results of its evaluation to the
17		court. If the drug court team finds that the person suffers
18		from a substance abuse problem that makes him or her
19		substantially unlikely to successfully complete a sentence of
20		probation under this Section, then the drug court shall set
21		forth its findings in the form of a written order, and the
22		person shall not be sentenced to probation under this Section,
23		but shall may be considered for the drug court program.
24		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
25		Section 25. The Illinois Controlled Substances Act is

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1		amended by changing Sections 407 and 410 as follows:
2		(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
3		Sec. 407. (a) (1)(A) Any person 18 years of age or over who
4		violates any subsection of Section 401 or subsection (b) of
5		Section 404 by delivering a controlled, counterfeit or
6		look-alike substance to a person under 18 years of age may be
7		sentenced to imprisonment for a term up to twice the maximum
8		term and fined an amount up to twice that amount otherwise
9		authorized by the pertinent subsection of Section 401 and
10		Subsection (b) of Section 404.
11		(B) (Blank).
12		(2) Except as provided in paragraph (3) of this subsection,
13		any person who violates:
14		(A) subsection (c) of Section 401 by delivering or
15		possessing with intent to deliver a controlled,
16		counterfeit, or look-alike substance in or on, or within
17		500 1,000 feet of, a truck stop or safety rest area, is
18		guilty of a Class 1 felony, the fine for which shall not
19		exceed $250,000;
20		(B) subsection (d) of Section 401 by delivering or
21		possessing with intent to deliver a controlled,
22		counterfeit, or look-alike substance in or on, or within
23		500 1,000 feet of, a truck stop or safety rest area, is
24		guilty of a Class 2 felony, the fine for which shall not
25		exceed $200,000;

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1		(C) subsection (e) of Section 401 or subsection (b) of
2		Section 404 by delivering or possessing with intent to
3		deliver a controlled, counterfeit, or look-alike substance
4		in or on, or within 500 1,000 feet of, a truck stop or
5		safety rest area, is guilty of a Class 3 felony, the fine
6		for which shall not exceed $150,000;
7		(D) subsection (f) of Section 401 by delivering or
8		possessing with intent to deliver a controlled,
9		counterfeit, or look-alike substance in or on, or within
10		500 1,000 feet of, a truck stop or safety rest area, is
11		guilty of a Class 3 felony, the fine for which shall not
12		exceed $125,000;
13		(E) subsection (g) of Section 401 by delivering or
14		possessing with intent to deliver a controlled,
15		counterfeit, or look-alike substance in or on, or within
16		500 1,000 feet of, a truck stop or safety rest area, is
17		guilty of a Class 3 felony, the fine for which shall not
18		exceed $100,000;
19		(F) subsection (h) of Section 401 by delivering or
20		possessing with intent to deliver a controlled,
21		counterfeit, or look-alike substance in or on, or within
22		500 1,000 feet of, a truck stop or safety rest area, is
23		guilty of a Class 3 felony, the fine for which shall not
24		exceed $75,000;
25		(3) Any person who violates paragraph (2) of this
26		subsection (a) by delivering or possessing with intent to

SB1722 Enrolled - 25 - LRB100 11347 RLC 21730 b
1		deliver a controlled, counterfeit, or look-alike substance in
2		or on, or within 500 1,000 feet of a truck stop or a safety rest
3		area, following a prior conviction or convictions of paragraph
4		(2) of this subsection (a) may be sentenced to a term of
5		imprisonment up to 2 times the maximum term and fined an amount
6		up to 2 times the amount otherwise authorized by Section 401.
7		(4) For the purposes of this subsection (a):
8		(A) "Safety rest area" means a roadside facility
9		removed from the roadway with parking and facilities
10		designed for motorists' rest, comfort, and information
11		needs; and
12		(B) "Truck stop" means any facility (and its parking
13		areas) used to provide fuel or service, or both, to any
14		commercial motor vehicle as defined in Section 18b-101 of
15		the Illinois Vehicle Code.
16		(b) Any person who violates:
17		(1) subsection (c) of Section 401 in any school, on or
18		within 500 feet of the real property comprising any school,
19		or in any conveyance owned, leased or contracted by a
20		school to transport students to or from school or a school
21		related activity, and at the time of the violation persons
22		under the age of 18 are present, the offense is committed
23		during school hours, or the offense is committed at times
24		when persons under the age of 18 are reasonably expected to
25		be present in the school, in the conveyance, or on the real
26		property, such as when after-school activities are

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1		occurring or residential property owned, operated or
2		managed by a public housing agency or leased by a public
3		housing agency as part of a scattered site or mixed-income
4		development, or in any public park or , on or within 500
5		feet of the real property comprising any school or
6		residential property owned, operated or managed by a public
7		housing agency or leased by a public housing agency as part
8		of a scattered site or mixed-income development, or public
9		park or within 1,000 feet of the real property comprising
10		any school or residential property owned, operated or
11		managed by a public housing agency or leased by a public
12		housing agency as part of a scattered site or mixed-income
13		development, or public park, on the real property
14		comprising any church, synagogue, or other building,
15		structure, or place used primarily for religious worship,
16		or within 500 1,000 feet of the real property comprising
17		any church, synagogue, or other building, structure, or
18		place used primarily for religious worship, on the real
19		property comprising any of the following places,
20		buildings, or structures used primarily for housing or
21		providing space for activities for senior citizens:
22		nursing homes, assisted-living centers, senior citizen
23		housing complexes, or senior centers oriented toward
24		daytime activities, or within 500 1,000 feet of the real
25		property comprising any of the following places,
26		buildings, or structures used primarily for housing or

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1		providing space for activities for senior citizens:
2		nursing homes, assisted-living centers, senior citizen
3		housing complexes, or senior centers oriented toward
4		daytime activities and at the time of the violation persons
5		are present or reasonably expected to be present in the
6		church, synagogue, or other building, structure, or place
7		used primarily for religious worship during worship
8		services, or in buildings or structures used primarily for
9		housing or providing space for activities for senior
10		citizens: nursing homes, assisted-living centers, senior
11		citizen housing complexes, or senior centers oriented
12		toward daytime activities during the hours those places,
13		buildings, or structures are open for those activities, or
14		on the real property is guilty of a Class X felony, the
15		fine for which shall not exceed $500,000;
16		(2) subsection (d) of Section 401 in any school, on or
17		within 500 feet of the real property comprising any school,
18		or in any conveyance owned, leased or contracted by a
19		school to transport students to or from school or a school
20		related activity, and at the time of the violation persons
21		under the age of 18 are present, the offense is committed
22		during school hours, or the offense is committed at times
23		when persons under the age of 18 are reasonably expected to
24		be present in the school, in the conveyance, or on the real
25		property, such as when after-school activities are
26		occurring or residential property owned, operated or

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1		managed by a public housing agency or leased by a public
2		housing agency as part of a scattered site or mixed-income
3		development, or in any public park or , on or within 500
4		feet of the real property comprising any school or
5		residential property owned, operated or managed by a public
6		housing agency or leased by a public housing agency as part
7		of a scattered site or mixed-income development, or public
8		park or within 1,000 feet of the real property comprising
9		any school or residential property owned, operated or
10		managed by a public housing agency or leased by a public
11		housing agency as part of a scattered site or mixed-income
12		development, or public park, on the real property
13		comprising any church, synagogue, or other building,
14		structure, or place used primarily for religious worship,
15		or within 500 1,000 feet of the real property comprising
16		any church, synagogue, or other building, structure, or
17		place used primarily for religious worship, on the real
18		property comprising any of the following places,
19		buildings, or structures used primarily for housing or
20		providing space for activities for senior citizens:
21		nursing homes, assisted-living centers, senior citizen
22		housing complexes, or senior centers oriented toward
23		daytime activities, or within 500 1,000 feet of the real
24		property comprising any of the following places,
25		buildings, or structures used primarily for housing or
26		providing space for activities for senior citizens:

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1		nursing homes, assisted-living centers, senior citizen
2		housing complexes, or senior centers oriented toward
3		daytime activities and at the time of the violation persons
4		are present or reasonably expected to be present in the
5		church, synagogue, or other building, structure, or place
6		used primarily for religious worship during worship
7		services, or in buildings or structures used primarily for
8		housing or providing space for activities for senior
9		citizens: nursing homes, assisted-living centers, senior
10		citizen housing complexes, or senior centers oriented
11		toward daytime activities during the hours those places,
12		buildings, or structures are open for those activities, or
13		on the real property is guilty of a Class 1 felony, the
14		fine for which shall not exceed $250,000;
15		(3) subsection (e) of Section 401 or Subsection (b) of
16		Section 404 in any school, on or within 500 feet of the
17		real property comprising any school, or in any conveyance
18		owned, leased or contracted by a school to transport
19		students to or from school or a school related activity,
20		and at the time of the violation persons under the age of
21		18 are present, the offense is committed during school
22		hours, or the offense is committed at times when persons
23		under the age of 18 are reasonably expected to be present
24		in the school, in the conveyance, or on the real property,
25		such as when after-school activities are occurring or
26		residential property owned, operated or managed by a public

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1		housing agency or leased by a public housing agency as part
2		of a scattered site or mixed-income development, or in any
3		public park or , on or within 500 feet of the real property
4		comprising any school or residential property owned,
5		operated or managed by a public housing agency or leased by
6		a public housing agency as part of a scattered site or
7		mixed-income development, or public park or within 1,000
8		feet of the real property comprising any school or
9		residential property owned, operated or managed by a public
10		housing agency or leased by a public housing agency as part
11		of a scattered site or mixed-income development, or public
12		park, on the real property comprising any church,
13		synagogue, or other building, structure, or place used
14		primarily for religious worship, or within 500 1,000 feet
15		of the real property comprising any church, synagogue, or
16		other building, structure, or place used primarily for
17		religious worship, on the real property comprising any of
18		the following places, buildings, or structures used
19		primarily for housing or providing space for activities for
20		senior citizens: nursing homes, assisted-living centers,
21		senior citizen housing complexes, or senior centers
22		oriented toward daytime activities, or within 500 1,000
23		feet of the real property comprising any of the following
24		places, buildings, or structures used primarily for
25		housing or providing space for activities for senior
26		citizens: nursing homes, assisted-living centers, senior

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1		citizen housing complexes, or senior centers oriented
2		toward daytime activities and at the time of the violation
3		persons are present or reasonably expected to be present in
4		the church, synagogue, or other building, structure, or
5		place used primarily for religious worship during worship
6		services, or in buildings or structures used primarily for
7		housing or providing space for activities for senior
8		citizens: nursing homes, assisted-living centers, senior
9		citizen housing complexes, or senior centers oriented
10		toward daytime activities during the hours those places,
11		buildings, or structures are open for those activities, or
12		on the real property is guilty of a Class 2 felony, the
13		fine for which shall not exceed $200,000;
14		(4) subsection (f) of Section 401 in any school, on or
15		within 500 feet of the real property comprising any school,
16		or in any conveyance owned, leased or contracted by a
17		school to transport students to or from school or a school
18		related activity, and at the time of the violation persons
19		under the age of 18 are present, the offense is committed
20		during school hours, or the offense is committed at times
21		when persons under the age of 18 are reasonably expected to
22		be present in the school, in the conveyance, or on the real
23		property, such as when after-school activities are
24		occurring or residential property owned, operated or
25		managed by a public housing agency or leased by a public
26		housing agency as part of a scattered site or mixed-income

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1		development, or in any public park or , on or within 500
2		feet of the real property comprising any school or
3		residential property owned, operated or managed by a public
4		housing agency or leased by a public housing agency as part
5		of a scattered site or mixed-income development, or public
6		park or within 1,000 feet of the real property comprising
7		any school or residential property owned, operated or
8		managed by a public housing agency or leased by a public
9		housing agency as part of a scattered site or mixed-income
10		development, or public park, on the real property
11		comprising any church, synagogue, or other building,
12		structure, or place used primarily for religious worship,
13		or within 500 1,000 feet of the real property comprising
14		any church, synagogue, or other building, structure, or
15		place used primarily for religious worship, on the real
16		property comprising any of the following places,
17		buildings, or structures used primarily for housing or
18		providing space for activities for senior citizens:
19		nursing homes, assisted-living centers, senior citizen
20		housing complexes, or senior centers oriented toward
21		daytime activities, or within 500 1,000 feet of the real
22		property comprising any of the following places,
23		buildings, or structures used primarily for housing or
24		providing space for activities for senior citizens:
25		nursing homes, assisted-living centers, senior citizen
26		housing complexes, or senior centers oriented toward

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1		daytime activities and at the time of the violation persons
2		are present or reasonably expected to be present in the
3		church, synagogue, or other building, structure, or place
4		used primarily for religious worship during worship
5		services, or in buildings or structures used primarily for
6		housing or providing space for activities for senior
7		citizens: nursing homes, assisted-living centers, senior
8		citizen housing complexes, or senior centers oriented
9		toward daytime activities during the hours those places,
10		buildings, or structures are open for those activities, or
11		on the real property is guilty of a Class 2 felony, the
12		fine for which shall not exceed $150,000;
13		(5) subsection (g) of Section 401 in any school, on or
14		within 500 feet of the real property comprising any school,
15		or in any conveyance owned, leased or contracted by a
16		school to transport students to or from school or a school
17		related activity, and at the time of the violation persons
18		under the age of 18 are present, the offense is committed
19		during school hours, or the offense is committed at times
20		when persons under the age of 18 are reasonably expected to
21		be present in the school, in the conveyance, or on the real
22		property, such as when after-school activities are
23		occurring or residential property owned, operated or
24		managed by a public housing agency or leased by a public
25		housing agency as part of a scattered site or mixed-income
26		development, or in any public park or , on or within 500

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1		feet of the real property comprising any school or
2		residential property owned, operated or managed by a public
3		housing agency or leased by a public housing agency as part
4		of a scattered site or mixed-income development, or public
5		park or within 1,000 feet of the real property comprising
6		any school or residential property owned, operated or
7		managed by a public housing agency or leased by a public
8		housing agency as part of a scattered site or mixed-income
9		development, or public park, on the real property
10		comprising any church, synagogue, or other building,
11		structure, or place used primarily for religious worship,
12		or within 500 1,000 feet of the real property comprising
13		any church, synagogue, or other building, structure, or
14		place used primarily for religious worship, on the real
15		property comprising any of the following places,
16		buildings, or structures used primarily for housing or
17		providing space for activities for senior citizens:
18		nursing homes, assisted-living centers, senior citizen
19		housing complexes, or senior centers oriented toward
20		daytime activities, or within 500 1,000 feet of the real
21		property comprising any of the following places,
22		buildings, or structures used primarily for housing or
23		providing space for activities for senior citizens:
24		nursing homes, assisted-living centers, senior citizen
25		housing complexes, or senior centers oriented toward
26		daytime activities and at the time of the violation persons

SB1722 Enrolled - 35 - LRB100 11347 RLC 21730 b
1		are present or reasonably expected to be present in the
2		church, synagogue, or other building, structure, or place
3		used primarily for religious worship during worship
4		services, or in buildings or structures used primarily for
5		housing or providing space for activities for senior
6		citizens: nursing homes, assisted-living centers, senior
7		citizen housing complexes, or senior centers oriented
8		toward daytime activities during the hours those places,
9		buildings, or structures are open for those activities, or
10		on the real property is guilty of a Class 2 felony, the
11		fine for which shall not exceed $125,000;
12		(6) subsection (h) of Section 401 in any school, on or
13		within 500 feet of the real property comprising any school,
14		or in any conveyance owned, leased or contracted by a
15		school to transport students to or from school or a school
16		related activity, and at the time of the violation persons
17		under the age of 18 are present, the offense is committed
18		during school hours, or the offense is committed at times
19		when persons under the age of 18 are reasonably expected to
20		be present in the school, in the conveyance, or on the real
21		property, such as when after-school activities are
22		occurring or residential property owned, operated or
23		managed by a public housing agency or leased by a public
24		housing agency as part of a scattered site or mixed-income
25		development, or in any public park or , on or within 500
26		feet of the real property comprising any school or

SB1722 Enrolled - 36 - LRB100 11347 RLC 21730 b
1		residential property owned, operated or managed by a public
2		housing agency or leased by a public housing agency as part
3		of a scattered site or mixed-income development, or public
4		park or within 1,000 feet of the real property comprising
5		any school or residential property owned, operated or
6		managed by a public housing agency or leased by a public
7		housing agency as part of a scattered site or mixed-income
8		development, or public park, on the real property
9		comprising any church, synagogue, or other building,
10		structure, or place used primarily for religious worship,
11		or within 500 1,000 feet of the real property comprising
12		any church, synagogue, or other building, structure, or
13		place used primarily for religious worship, on the real
14		property comprising any of the following places,
15		buildings, or structures used primarily for housing or
16		providing space for activities for senior citizens:
17		nursing homes, assisted-living centers, senior citizen
18		housing complexes, or senior centers oriented toward
19		daytime activities, or within 500 1,000 feet of the real
20		property comprising any of the following places,
21		buildings, or structures used primarily for housing or
22		providing space for activities for senior citizens:
23		nursing homes, assisted-living centers, senior citizen
24		housing complexes, or senior centers oriented toward
25		daytime activities and at the time of the violation persons
26		are present or reasonably expected to be present in the

SB1722 Enrolled - 37 - LRB100 11347 RLC 21730 b
1		church, synagogue, or other building, structure, or place
2		used primarily for religious worship during worship
3		services, or in buildings or structures used primarily for
4		housing or providing space for activities for senior
5		citizens: nursing homes, assisted-living centers, senior
6		citizen housing complexes, or senior centers oriented
7		toward daytime activities during the hours those places,
8		buildings, or structures are open for those activities, or
9		on the real property is guilty of a Class 2 felony, the
10		fine for which shall not exceed $100,000.
11		(c) Regarding penalties prescribed in subsection (b) for
12		violations committed in a school or on or within 500 1,000 feet
13		of school property, the time of day and , time of year and
14		whether classes were currently in session at the time of the
15		offense is irrelevant.
16		(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
17		(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
18		Sec. 410. (a) Whenever any person who has not previously
19		been convicted of, or placed on probation or court supervision
20		for any felony offense under this Act or any law of the United
21		States or of any State relating to cannabis or controlled
22		substances, pleads guilty to or is found guilty of possession
23		of a controlled or counterfeit substance under subsection (c)
24		of Section 402 or of unauthorized possession of prescription
25		form under Section 406.2, the court, without entering a

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1		judgment and with the consent of such person, may sentence him
2		or her to probation.
3		(b) When a person is placed on probation, the court shall
4		enter an order specifying a period of probation of 24 months
5		and shall defer further proceedings in the case until the
6		conclusion of the period or until the filing of a petition
7		alleging violation of a term or condition of probation.
8		(c) The conditions of probation shall be that the person:
9		(1) not violate any criminal statute of any jurisdiction; (2)
10		refrain from possessing a firearm or other dangerous weapon;
11		(3) submit to periodic drug testing at a time and in a manner
12		as ordered by the court, but no less than 3 times during the
13		period of the probation, with the cost of the testing to be
14		paid by the probationer; and (4) perform no less than 30 hours
15		of community service, provided community service is available
16		in the jurisdiction and is funded and approved by the county
17		board.
18		(d) The court may, in addition to other conditions, require
19		that the person:
20		(1) make a report to and appear in person before or
21		participate with the court or such courts, person, or
22		social service agency as directed by the court in the order
23		of probation;
24		(2) pay a fine and costs;
25		(3) work or pursue a course of study or vocational
26		training;

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1		(4) undergo medical or psychiatric treatment; or
2		treatment or rehabilitation approved by the Illinois
3		Department of Human Services;
4		(5) attend or reside in a facility established for the
5		instruction or residence of defendants on probation;
6		(6) support his or her dependents;
7		(6-5) refrain from having in his or her body the
8		presence of any illicit drug prohibited by the Cannabis
9		Control Act, the Illinois Controlled Substances Act, or the
10		Methamphetamine Control and Community Protection Act,
11		unless prescribed by a physician, and submit samples of his
12		or her blood or urine or both for tests to determine the
13		presence of any illicit drug;
14		(7) and in addition, if a minor:
15		(i) reside with his or her parents or in a foster
16		home;
17		(ii) attend school;
18		(iii) attend a non-residential program for youth;
19		(iv) contribute to his or her own support at home
20		or in a foster home.
21		(e) Upon violation of a term or condition of probation, the
22		court may enter a judgment on its original finding of guilt and
23		proceed as otherwise provided.
24		(f) Upon fulfillment of the terms and conditions of
25		probation, the court shall discharge the person and dismiss the
26		proceedings against him or her.

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1		(g) A disposition of probation is considered to be a
2		conviction for the purposes of imposing the conditions of
3		probation and for appeal, however, discharge and dismissal
4		under this Section is not a conviction for purposes of this Act
5		or for purposes of disqualifications or disabilities imposed by
6		law upon conviction of a crime.
7		(h) A person may not have more than There may be only one
8		discharge and dismissal under this Section within a 4-year
9		period , Section 10 of the Cannabis Control Act, Section 70 of
10		the Methamphetamine Control and Community Protection Act,
11		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
12		or subsection (c) of Section 11-14 of the Criminal Code of 1961
13		or the Criminal Code of 2012 with respect to any person.
14		(i) If a person is convicted of an offense under this Act,
15		the Cannabis Control Act, or the Methamphetamine Control and
16		Community Protection Act within 5 years subsequent to a
17		discharge and dismissal under this Section, the discharge and
18		dismissal under this Section shall be admissible in the
19		sentencing proceeding for that conviction as evidence in
20		aggravation.
21		(j) Notwithstanding subsection (a), before a person is
22		sentenced to probation under this Section, the court may refer
23		the person to the drug court established in that judicial
24		circuit pursuant to Section 15 of the Drug Court Treatment Act.
25		The drug court team shall evaluate the person's likelihood of
26		successfully completing a sentence of probation under this

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1		Section and shall report the results of its evaluation to the
2		court. If the drug court team finds that the person suffers
3		from a substance abuse problem that makes him or her
4		substantially unlikely to successfully complete a sentence of
5		probation under this Section, then the drug court shall set
6		forth its findings in the form of a written order, and the
7		person shall not be sentenced to probation under this Section,
8		but shall may be considered for the drug court program.
9		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
10		Section 30. The Methamphetamine Control and Community
11		Protection Act is amended by changing Sections 15, 55, and 70
12		as follows:
13		(720 ILCS 646/15)
14		Sec. 15. Participation in methamphetamine manufacturing.
15		(a) Participation in methamphetamine manufacturing.
16		(1) It is unlawful to knowingly participate in the
17		manufacture of methamphetamine with the intent that
18		methamphetamine or a substance containing methamphetamine
19		be produced.
20		(2) A person who violates paragraph (1) of this
21		subsection (a) is subject to the following penalties:
22		(A) A person who participates in the manufacture of
23		less than 15 grams of methamphetamine or a substance
24		containing methamphetamine is guilty of a Class 1

SB1722 Enrolled - 42 - LRB100 11347 RLC 21730 b
1		felony.
2		(B) A person who participates in the manufacture of
3		15 or more grams but less than 100 grams of
4		methamphetamine or a substance containing
5		methamphetamine is guilty of a Class X felony, subject
6		to a term of imprisonment of not less than 6 years and
7		not more than 30 years, and subject to a fine not to
8		exceed $100,000 or the street value of the
9		methamphetamine manufactured, whichever is greater.
10		(C) A person who participates in the manufacture of
11		100 or more grams but less than 400 grams of
12		methamphetamine or a substance containing
13		methamphetamine is guilty of a Class X felony, subject
14		to a term of imprisonment of not less than 9 years and
15		not more than 40 years, and subject to a fine not to
16		exceed $200,000 or the street value of the
17		methamphetamine manufactured, whichever is greater.
18		(D) A person who participates in the manufacture of
19		400 or more grams but less than 900 grams of
20		methamphetamine or a substance containing
21		methamphetamine is guilty of a Class X felony, subject
22		to a term of imprisonment of not less than 12 years and
23		not more than 50 years, and subject to a fine not to
24		exceed $300,000 or the street value of the
25		methamphetamine manufactured, whichever is greater.
26		(E) A person who participates in the manufacture of

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1		900 grams or more of methamphetamine or a substance
2		containing methamphetamine is guilty of a Class X
3		felony, subject to a term of imprisonment of not less
4		than 15 years and not more than 60 years, and subject
5		to a fine not to exceed $400,000 or the street value of
6		the methamphetamine, whichever is greater.
7		(b) Aggravated participation in methamphetamine
8		manufacturing.
9		(1) It is unlawful to engage in aggravated
10		participation in the manufacture of methamphetamine. A
11		person engages in aggravated participation in the
12		manufacture of methamphetamine when the person violates
13		paragraph (1) of subsection (a) and:
14		(A) the person knowingly does so in a multi-unit
15		dwelling;
16		(B) the person knowingly does so in a structure or
17		vehicle where a child under the age of 18, a person
18		with a disability, or a person 60 years of age or older
19		who is incapable of adequately providing for his or her
20		own health and personal care resides, is present, or is
21		endangered by the manufacture of methamphetamine;
22		(C) the person does so in a structure or vehicle
23		where a woman the person knows to be pregnant
24		(including but not limited to the person herself)
25		resides, is present, or is endangered by the
26		methamphetamine manufacture;

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1		(D) the person knowingly does so in a structure or
2		vehicle protected by one or more firearms, explosive
3		devices, booby traps, alarm systems, surveillance
4		systems, guard dogs, or dangerous animals;
5		(E) the methamphetamine manufacturing in which the
6		person participates is a contributing cause of the
7		death, serious bodily injury, disability, or
8		disfigurement of another person, including but not
9		limited to an emergency service provider;
10		(F) the methamphetamine manufacturing in which the
11		person participates is a contributing cause of a fire
12		or explosion that damages property belonging to
13		another person;
14		(G) the person knowingly organizes, directs, or
15		finances the methamphetamine manufacturing or
16		activities carried out in support of the
17		methamphetamine manufacturing; or
18		(H) the methamphetamine manufacturing occurs
19		within 500 1,000 feet of a place of worship or
20		parsonage, or within 500 1,000 feet of the real
21		property comprising any school at a time when children,
22		clergy, patrons, staff, or other persons are present or
23		any activity sanctioned by the place of worship or
24		parsonage or school is taking place.
25		(2) A person who violates paragraph (1) of this
26		subsection (b) is subject to the following penalties:

SB1722 Enrolled - 45 - LRB100 11347 RLC 21730 b
1		(A) A person who participates in the manufacture of
2		less than 15 grams of methamphetamine or a substance
3		containing methamphetamine is guilty of a Class X
4		felony, subject to a term of imprisonment of not less
5		than 6 years and not more than 30 years, and subject to
6		a fine not to exceed $100,000 or the street value of
7		the methamphetamine, whichever is greater.
8		(B) A person who participates in the manufacture of
9		15 or more grams but less than 100 grams of
10		methamphetamine or a substance containing
11		methamphetamine is guilty of a Class X felony, subject
12		to a term of imprisonment of not less than 9 years and
13		not more than 40 years, and subject to a fine not to
14		exceed $200,000 or the street value of the
15		methamphetamine, whichever is greater.
16		(C) A person who participates in the manufacture of
17		100 or more grams but less than 400 grams of
18		methamphetamine or a substance containing
19		methamphetamine is guilty of a Class X felony, subject
20		to a term of imprisonment of not less than 12 years and
21		not more than 50 years, and subject to a fine not to
22		exceed $300,000 or the street value of the
23		methamphetamine, whichever is greater.
24		(D) A person who participates in the manufacture of
25		400 grams or more of methamphetamine or a substance
26		containing methamphetamine is guilty of a Class X

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1		felony, subject to a term of imprisonment of not less
2		than 15 years and not more than 60 years, and subject
3		to a fine not to exceed $400,000 or the street value of
4		the methamphetamine, whichever is greater.
5		(Source: P.A. 98-980, eff. 1-1-15.)
6		(720 ILCS 646/55)
7		Sec. 55. Methamphetamine delivery.
8		(a) Delivery or possession with intent to deliver
9		methamphetamine or a substance containing methamphetamine.
10		(1) It is unlawful knowingly to engage in the delivery
11		or possession with intent to deliver methamphetamine or a
12		substance containing methamphetamine.
13		(2) A person who violates paragraph (1) of this
14		subsection (a) is subject to the following penalties:
15		(A) A person who delivers or possesses with intent
16		to deliver less than 5 grams of methamphetamine or a
17		substance containing methamphetamine is guilty of a
18		Class 2 felony.
19		(B) A person who delivers or possesses with intent
20		to deliver 5 or more grams but less than 15 grams of
21		methamphetamine or a substance containing
22		methamphetamine is guilty of a Class 1 felony.
23		(C) A person who delivers or possesses with intent
24		to deliver 15 or more grams but less than 100 grams of
25		methamphetamine or a substance containing

SB1722 Enrolled - 47 - LRB100 11347 RLC 21730 b
1		methamphetamine is guilty of a Class X felony, subject
2		to a term of imprisonment of not less than 6 years and
3		not more than 30 years, and subject to a fine not to
4		exceed $100,000 or the street value of the
5		methamphetamine, whichever is greater.
6		(D) A person who delivers or possesses with intent
7		to deliver 100 or more grams but less than 400 grams of
8		methamphetamine or a substance containing
9		methamphetamine is guilty of a Class X felony, subject
10		to a term of imprisonment of not less than 9 years and
11		not more than 40 years, and subject to a fine not to
12		exceed $200,000 or the street value of the
13		methamphetamine, whichever is greater.
14		(E) A person who delivers or possesses with intent
15		to deliver 400 or more grams but less than 900 grams of
16		methamphetamine or a substance containing
17		methamphetamine is guilty of a Class X felony, subject
18		to a term of imprisonment of not less than 12 years and
19		not more than 50 years, and subject to a fine not to
20		exceed $300,000 or the street value of the
21		methamphetamine, whichever is greater.
22		(F) A person who delivers or possesses with intent
23		to deliver 900 or more grams of methamphetamine or a
24		substance containing methamphetamine is guilty of a
25		Class X felony, subject to a term of imprisonment of
26		not less than 15 years and not more than 60 years, and

SB1722 Enrolled - 48 - LRB100 11347 RLC 21730 b
1		subject to a fine not to exceed $400,000 or the street
2		value of the methamphetamine, whichever is greater.
3		(b) Aggravated delivery or possession with intent to
4		deliver methamphetamine or a substance containing
5		methamphetamine.
6		(1) It is unlawful to engage in the aggravated delivery
7		or possession with intent to deliver methamphetamine or a
8		substance containing methamphetamine. A person engages in
9		the aggravated delivery or possession with intent to
10		deliver methamphetamine or a substance containing
11		methamphetamine when the person violates paragraph (1) of
12		subsection (a) of this Section and:
13		(A) the person is at least 18 years of age and
14		knowingly delivers or possesses with intent to deliver
15		the methamphetamine or substance containing
16		methamphetamine to a person under 18 years of age;
17		(B) the person is at least 18 years of age and
18		knowingly uses, engages, employs, or causes another
19		person to use, engage, or employ a person under 18
20		years of age to deliver the methamphetamine or
21		substance containing methamphetamine;
22		(C) the person knowingly delivers or possesses
23		with intent to deliver the methamphetamine or
24		substance containing methamphetamine in any structure
25		or vehicle protected by one or more firearms, explosive
26		devices, booby traps, alarm systems, surveillance

SB1722 Enrolled - 49 - LRB100 11347 RLC 21730 b
1		systems, guard dogs, or dangerous animals;
2		(D) the person knowingly delivers or possesses
3		with intent to deliver the methamphetamine or
4		substance containing methamphetamine in any school, on
5		any real property comprising any school, or in any
6		conveyance owned, leased, or contracted by a school to
7		transport students to or from school or a
8		school-related activity and at the time of the
9		violation persons under the age of 18 are present, the
10		offense is committed during school hours, or the
11		offense is committed at times when persons under the
12		age of 18 are reasonably expected to be present in the
13		school, in the conveyance, or on the real property,
14		such as when after-school activities are occurring;
15		(E) the person delivers or causes another person to
16		deliver the methamphetamine or substance containing
17		methamphetamine to a woman that the person knows to be
18		pregnant; or
19		(F) (blank).
20		(2) A person who violates paragraph (1) of this
21		subsection (b) is subject to the following penalties:
22		(A) A person who delivers or possesses with intent
23		to deliver less than 5 grams of methamphetamine or a
24		substance containing methamphetamine is guilty of a
25		Class 1 felony.
26		(B) A person who delivers or possesses with intent

SB1722 Enrolled - 50 - LRB100 11347 RLC 21730 b
1		to deliver 5 or more grams but less than 15 grams of
2		methamphetamine or a substance containing
3		methamphetamine is guilty of a Class X felony, subject
4		to a term of imprisonment of not less than 6 years and
5		not more than 30 years, and subject to a fine not to
6		exceed $100,000 or the street value of the
7		methamphetamine, whichever is greater.
8		(C) A person who delivers or possesses with intent
9		to deliver 15 or more grams but less than 100 grams of
10		methamphetamine or a substance containing
11		methamphetamine is guilty of a Class X felony, subject
12		to a term of imprisonment of not less than 8 years and
13		not more than 40 years, and subject to a fine not to
14		exceed $200,000 or the street value of the
15		methamphetamine, whichever is greater.
16		(D) A person who delivers or possesses with intent
17		to deliver 100 or more grams of methamphetamine or a
18		substance containing methamphetamine is guilty of a
19		Class X felony, subject to a term of imprisonment of
20		not less than 10 years and not more than 50 years, and
21		subject to a fine not to exceed $300,000 or the street
22		value of the methamphetamine, whichever is greater.
23		(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
24		(720 ILCS 646/70)
25		Sec. 70. Probation.

SB1722 Enrolled - 51 - LRB100 11347 RLC 21730 b
1		(a) Whenever any person who has not previously been
2		convicted of, or placed on probation or court supervision for
3		any felony offense under this Act, the Illinois Controlled
4		Substances Act, the Cannabis Control Act, or any law of the
5		United States or of any state relating to cannabis or
6		controlled substances, pleads guilty to or is found guilty of
7		possession of less than 15 grams of methamphetamine under
8		paragraph (1) or (2) of subsection (b) of Section 60 of this
9		Act, the court, without entering a judgment and with the
10		consent of the person, may sentence him or her to probation.
11		(b) When a person is placed on probation, the court shall
12		enter an order specifying a period of probation of 24 months
13		and shall defer further proceedings in the case until the
14		conclusion of the period or until the filing of a petition
15		alleging violation of a term or condition of probation.
16		(c) The conditions of probation shall be that the person:
17		(1) not violate any criminal statute of any
18		jurisdiction;
19		(2) refrain from possessing a firearm or other
20		dangerous weapon;
21		(3) submit to periodic drug testing at a time and in a
22		manner as ordered by the court, but no less than 3 times
23		during the period of the probation, with the cost of the
24		testing to be paid by the probationer; and
25		(4) perform no less than 30 hours of community service,
26		if community service is available in the jurisdiction and

SB1722 Enrolled - 52 - LRB100 11347 RLC 21730 b
1		is funded and approved by the county board.
2		(d) The court may, in addition to other conditions, require
3		that the person take one or more of the following actions:
4		(1) make a report to and appear in person before or
5		participate with the court or such courts, person, or
6		social service agency as directed by the court in the order
7		of probation;
8		(2) pay a fine and costs;
9		(3) work or pursue a course of study or vocational
10		training;
11		(4) undergo medical or psychiatric treatment; or
12		treatment or rehabilitation approved by the Illinois
13		Department of Human Services;
14		(5) attend or reside in a facility established for the
15		instruction or residence of defendants on probation;
16		(6) support his or her dependents;
17		(7) refrain from having in his or her body the presence
18		of any illicit drug prohibited by this Act, the Cannabis
19		Control Act, or the Illinois Controlled Substances Act,
20		unless prescribed by a physician, and submit samples of his
21		or her blood or urine or both for tests to determine the
22		presence of any illicit drug; or
23		(8) if a minor:
24		(i) reside with his or her parents or in a foster
25		home;
26		(ii) attend school;

SB1722 Enrolled - 53 - LRB100 11347 RLC 21730 b
1		(iii) attend a non-residential program for youth;
2		or
3		(iv) contribute to his or her own support at home
4		or in a foster home.
5		(e) Upon violation of a term or condition of probation, the
6		court may enter a judgment on its original finding of guilt and
7		proceed as otherwise provided.
8		(f) Upon fulfillment of the terms and conditions of
9		probation, the court shall discharge the person and dismiss the
10		proceedings against the person.
11		(g) A disposition of probation is considered to be a
12		conviction for the purposes of imposing the conditions of
13		probation and for appeal, however, discharge and dismissal
14		under this Section is not a conviction for purposes of this Act
15		or for purposes of disqualifications or disabilities imposed by
16		law upon conviction of a crime.
17		(h) A person may not have more than There may be only one
18		discharge and dismissal under this Section within a 4-year
19		period , Section 410 of the Illinois Controlled Substances Act,
20		Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
21		5-6-3.4 of the Unified Code of Corrections, or subsection (c)
22		of Section 11-14 of the Criminal Code of 1961 or the Criminal
23		Code of 2012 with respect to any person.
24		(i) If a person is convicted of an offense under this Act,
25		the Cannabis Control Act, or the Illinois Controlled Substances
26		Act within 5 years subsequent to a discharge and dismissal

SB1722 Enrolled - 54 - LRB100 11347 RLC 21730 b
1		under this Section, the discharge and dismissal under this
2		Section are admissible in the sentencing proceeding for that
3		conviction as evidence in aggravation.
4		(j) Notwithstanding subsection (a), before a person is
5		sentenced to probation under this Section, the court may refer
6		the person to the drug court established in that judicial
7		circuit pursuant to Section 15 of the Drug Court Treatment Act.
8		The drug court team shall evaluate the person's likelihood of
9		successfully completing a sentence of probation under this
10		Section and shall report the results of its evaluation to the
11		court. If the drug court team finds that the person suffers
12		from a substance abuse problem that makes him or her
13		substantially unlikely to successfully complete a sentence of
14		probation under this Section, then the drug court shall set
15		forth its findings in the form of a written order, and the
16		person shall not be sentenced to probation under this Section,
17		but shall may be considered for the drug court program.
18		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
19		Section 35. The Unified Code of Corrections is amended by
20		changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4,
21		and 5-8-8 and by adding Sections 5-4.5-110 and 5-6-3.6 as
22		follows:
23		(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
24		Sec. 3-3-8. Length of parole and mandatory supervised

SB1722 Enrolled - 55 - LRB100 11347 RLC 21730 b
1		release; discharge.
2		(a) The length of parole for a person sentenced under the
3		law in effect prior to the effective date of this amendatory
4		Act of 1977 and the length of mandatory supervised release for
5		those sentenced under the law in effect on and after such
6		effective date shall be as set out in Section 5-8-1 unless
7		sooner terminated under paragraph (b) of this Section.
8		(b) The Prisoner Review Board may enter an order releasing
9		and discharging one from parole or mandatory supervised
10		release, and his or her commitment to the Department, when it
11		determines that he or she is likely to remain at liberty
12		without committing another offense.
13		(b-1) Provided that the subject is in compliance with the
14		terms and conditions of his or her parole or mandatory
15		supervised release, the Prisoner Review Board may reduce the
16		period of a parolee or releasee's parole or mandatory
17		supervised release by 90 days upon the parolee or releasee
18		receiving a high school diploma or upon passage of high school
19		equivalency testing during the period of his or her parole or
20		mandatory supervised release. This reduction in the period of a
21		subject's term of parole or mandatory supervised release shall
22		be available only to subjects who have not previously earned a
23		high school diploma or who have not previously passed high
24		school equivalency testing.
25		(b-2) The Prisoner Review Board may release a low-risk and
26		need subject person from mandatory supervised release as

SB1722 Enrolled - 56 - LRB100 11347 RLC 21730 b
1		determined by an appropriate evidence-based risk and need
2		assessment.
3		(c) The order of discharge shall become effective upon
4		entry of the order of the Board. The Board shall notify the
5		clerk of the committing court of the order. Upon receipt of
6		such copy, the clerk shall make an entry on the record judgment
7		that the sentence or commitment has been satisfied pursuant to
8		the order.
9		(d) Rights of the person discharged under this Section
10		shall be restored under Section 5-5-5.
11		(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
12		eff. 1-1-16; 99-628, eff. 1-1-17.)
13		(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
14		(Text of Section before amendment by P.A. 99-938)
15		Sec. 3-6-3. Rules and regulations for sentence credit.
16		(a)(1) The Department of Corrections shall prescribe rules
17		and regulations for awarding and revoking sentence credit for
18		persons committed to the Department which shall be subject to
19		review by the Prisoner Review Board.
20		(1.5) As otherwise provided by law, sentence credit may be
21		awarded for the following:
22		(A) successful completion of programming while in
23		custody of the Department or while in custody prior to
24		sentencing;
25		(B) compliance with the rules and regulations of the

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1		Department; or
2		(C) service to the institution, service to a community,
3		or service to the State.
4		(2) The rules and regulations on sentence credit shall
5		provide, with respect to offenses listed in clause (i), (ii),
6		or (iii) of this paragraph (2) committed on or after June 19,
7		1998 or with respect to the offense listed in clause (iv) of
8		this paragraph (2) committed on or after June 23, 2005 (the
9		effective date of Public Act 94-71) or with respect to offense
10		listed in clause (vi) committed on or after June 1, 2008 (the
11		effective date of Public Act 95-625) or with respect to the
12		offense of being an armed habitual criminal committed on or
13		after August 2, 2005 (the effective date of Public Act 94-398)
14		or with respect to the offenses listed in clause (v) of this
15		paragraph (2) committed on or after August 13, 2007 (the
16		effective date of Public Act 95-134) or with respect to the
17		offense of aggravated domestic battery committed on or after
18		July 23, 2010 (the effective date of Public Act 96-1224) or
19		with respect to the offense of attempt to commit terrorism
20		committed on or after January 1, 2013 (the effective date of
21		Public Act 97-990), the following:
22		(i) that a prisoner who is serving a term of
23		imprisonment for first degree murder or for the offense of
24		terrorism shall receive no sentence credit and shall serve
25		the entire sentence imposed by the court;
26		(ii) that a prisoner serving a sentence for attempt to

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1		commit terrorism, attempt to commit first degree murder,
2		solicitation of murder, solicitation of murder for hire,
3		intentional homicide of an unborn child, predatory
4		criminal sexual assault of a child, aggravated criminal
5		sexual assault, criminal sexual assault, aggravated
6		kidnapping, aggravated battery with a firearm as described
7		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
8		(e)(4) of Section 12-3.05, heinous battery as described in
9		Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
10		being an armed habitual criminal, aggravated battery of a
11		senior citizen as described in Section 12-4.6 or
12		subdivision (a)(4) of Section 12-3.05, or aggravated
13		battery of a child as described in Section 12-4.3 or
14		subdivision (b)(1) of Section 12-3.05 shall receive no more
15		than 4.5 days of sentence credit for each month of his or
16		her sentence of imprisonment;
17		(iii) that a prisoner serving a sentence for home
18		invasion, armed robbery, aggravated vehicular hijacking,
19		aggravated discharge of a firearm, or armed violence with a
20		category I weapon or category II weapon, when the court has
21		made and entered a finding, pursuant to subsection (c-1) of
22		Section 5-4-1 of this Code, that the conduct leading to
23		conviction for the enumerated offense resulted in great
24		bodily harm to a victim, shall receive no more than 4.5
25		days of sentence credit for each month of his or her
26		sentence of imprisonment;

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1		(iv) that a prisoner serving a sentence for aggravated
2		discharge of a firearm, whether or not the conduct leading
3		to conviction for the offense resulted in great bodily harm
4		to the victim, shall receive no more than 4.5 days of
5		sentence credit for each month of his or her sentence of
6		imprisonment;
7		(v) that a person serving a sentence for gunrunning,
8		narcotics racketeering, controlled substance trafficking,
9		methamphetamine trafficking, drug-induced homicide,
10		aggravated methamphetamine-related child endangerment,
11		money laundering pursuant to clause (c) (4) or (5) of
12		Section 29B-1 of the Criminal Code of 1961 or the Criminal
13		Code of 2012, or a Class X felony conviction for delivery
14		of a controlled substance, possession of a controlled
15		substance with intent to manufacture or deliver,
16		calculated criminal drug conspiracy, criminal drug
17		conspiracy, street gang criminal drug conspiracy,
18		participation in methamphetamine manufacturing, aggravated
19		participation in methamphetamine manufacturing, delivery
20		of methamphetamine, possession with intent to deliver
21		methamphetamine, aggravated delivery of methamphetamine,
22		aggravated possession with intent to deliver
23		methamphetamine, methamphetamine conspiracy when the
24		substance containing the controlled substance or
25		methamphetamine is 100 grams or more shall receive no more
26		than 7.5 days sentence credit for each month of his or her

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

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1		subparagraph (C) of paragraph (1) of subsection (d) of Section
2		11-501 of the Illinois Vehicle Code committed on or after
3		January 1, 2011 (the effective date of Public Act 96-1230), the
4		rules and regulations shall provide that a prisoner who is
5		serving a term of imprisonment shall receive one day of
6		sentence credit for each day of his or her sentence of
7		imprisonment or recommitment under Section 3-3-9. Each day of
8		sentence credit shall reduce by one day the prisoner's period
9		of imprisonment or recommitment under Section 3-3-9.
10		(2.2) A prisoner serving a term of natural life
11		imprisonment or a prisoner who has been sentenced to death
12		shall receive no sentence credit.
13		(2.3) The rules and regulations on sentence credit shall
14		provide that a prisoner who is serving a sentence for
15		aggravated driving under the influence of alcohol, other drug
16		or drugs, or intoxicating compound or compounds, or any
17		combination thereof as defined in subparagraph (F) of paragraph
18		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
19		Code, shall receive no more than 4.5 days of sentence credit
20		for each month of his or her sentence of imprisonment.
21		(2.4) The rules and regulations on sentence credit shall
22		provide with respect to the offenses of aggravated battery with
23		a machine gun or a firearm equipped with any device or
24		attachment designed or used for silencing the report of a
25		firearm or aggravated discharge of a machine gun or a firearm
26		equipped with any device or attachment designed or used for

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1		silencing the report of a firearm, committed on or after July
2		15, 1999 (the effective date of Public Act 91-121), that a
3		prisoner serving a sentence for any of these offenses shall
4		receive no more than 4.5 days of sentence credit for each month
5		of his or her sentence of imprisonment.
6		(2.5) The rules and regulations on sentence credit shall
7		provide that a prisoner who is serving a sentence for
8		aggravated arson committed on or after July 27, 2001 (the
9		effective date of Public Act 92-176) shall receive no more than
10		4.5 days of sentence credit for each month of his or her
11		sentence of imprisonment.
12		(2.6) The rules and regulations on sentence credit shall
13		provide that a prisoner who is serving a sentence for
14		aggravated driving under the influence of alcohol, other drug
15		or drugs, or intoxicating compound or compounds or any
16		combination thereof as defined in subparagraph (C) of paragraph
17		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
18		Code committed on or after January 1, 2011 (the effective date
19		of Public Act 96-1230) shall receive no more than 4.5 days of
20		sentence credit for each month of his or her sentence of
21		imprisonment.
22		(3) The rules and regulations shall also provide that the
23		Director may award up to 180 days additional sentence credit
24		for good conduct in specific instances as the Director deems
25		proper. The good conduct may include, but is not limited to,
26		compliance with the rules and regulations of the Department,

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1		service to the Department, service to a community, or service
2		to the State. However, the Director shall not award more than
3		90 days of sentence credit for good conduct to any prisoner who
4		is serving a sentence for conviction of first degree murder,
5		reckless homicide while under the influence of alcohol or any
6		other drug, or aggravated driving under the influence of
7		alcohol, other drug or drugs, or intoxicating compound or
8		compounds, or any combination thereof as defined in
9		subparagraph (F) of paragraph (1) of subsection (d) of Section
10		11-501 of the Illinois Vehicle Code, aggravated kidnapping,
11		kidnapping, predatory criminal sexual assault of a child,
12		aggravated criminal sexual assault, criminal sexual assault,
13		deviate sexual assault, aggravated criminal sexual abuse,
14		aggravated indecent liberties with a child, indecent liberties
15		with a child, child pornography, heinous battery as described
16		in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
17		aggravated battery of a spouse, aggravated battery of a spouse
18		with a firearm, stalking, aggravated stalking, aggravated
19		battery of a child as described in Section 12-4.3 or
20		subdivision (b)(1) of Section 12-3.05, endangering the life or
21		health of a child, or cruelty to a child. Notwithstanding the
22		foregoing, sentence credit for good conduct shall not be
23		awarded on a sentence of imprisonment imposed for conviction
24		of: (i) one of the offenses enumerated in subdivision
25		(a)(2)(i), (ii), or (iii) when the offense is committed on or
26		after June 19, 1998 or subdivision (a)(2)(iv) when the offense

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1		is committed on or after June 23, 2005 (the effective date of
2		Public Act 94-71) or subdivision (a)(2)(v) when the offense is
3		committed on or after August 13, 2007 (the effective date of
4		Public Act 95-134) or subdivision (a)(2)(vi) when the offense
5		is committed on or after June 1, 2008 (the effective date of
6		Public Act 95-625) or subdivision (a)(2)(vii) when the offense
7		is committed on or after July 23, 2010 (the effective date of
8		Public Act 96-1224), (ii) aggravated driving under the
9		influence of alcohol, other drug or drugs, or intoxicating
10		compound or compounds, or any combination thereof as defined in
11		subparagraph (F) of paragraph (1) of subsection (d) of Section
12		11-501 of the Illinois Vehicle Code, (iii) one of the offenses
13		enumerated in subdivision (a)(2.4) when the offense is
14		committed on or after July 15, 1999 (the effective date of
15		Public Act 91-121), (iv) aggravated arson when the offense is
16		committed on or after July 27, 2001 (the effective date of
17		Public Act 92-176), (v) offenses that may subject the offender
18		to commitment under the Sexually Violent Persons Commitment
19		Act, or (vi) aggravated driving under the influence of alcohol,
20		other drug or drugs, or intoxicating compound or compounds or
21		any combination thereof as defined in subparagraph (C) of
22		paragraph (1) of subsection (d) of Section 11-501 of the
23		Illinois Vehicle Code committed on or after January 1, 2011
24		(the effective date of Public Act 96-1230).
25		Eligible inmates for an award of sentence credit under this
26		paragraph (3) may be selected to receive the credit at the

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1		Director's or his or her designee's sole discretion.
2		Consideration may be based on, but not limited to, any
3		available risk assessment analysis on the inmate, any history
4		of conviction for violent crimes as defined by the Rights of
5		Crime Victims and Witnesses Act, facts and circumstances of the
6		inmate's holding offense or offenses, and the potential for
7		rehabilitation.
8		The Director shall not award sentence credit under this
9		paragraph (3) to an inmate unless the inmate has served a
10		minimum of 60 days of the sentence; except nothing in this
11		paragraph shall be construed to permit the Director to extend
12		an inmate's sentence beyond that which was imposed by the
13		court. Prior to awarding credit under this paragraph (3), the
14		Director shall make a written determination that the inmate:
15		(A) is eligible for the sentence credit;
16		(B) has served a minimum of 60 days, or as close to 60
17		days as the sentence will allow; and
18		(C) has met the eligibility criteria established by
19		rule.
20		The Director shall determine the form and content of the
21		written determination required in this subsection.
22		(3.5) The Department shall provide annual written reports
23		to the Governor and the General Assembly on the award of
24		sentence credit for good conduct, with the first report due
25		January 1, 2014. The Department must publish both reports on
26		its website within 48 hours of transmitting the reports to the

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1		Governor and the General Assembly. The reports must include:
2		(A) the number of inmates awarded sentence credit for
3		good conduct;
4		(B) the average amount of sentence credit for good
5		conduct awarded;
6		(C) the holding offenses of inmates awarded sentence
7		credit for good conduct; and
8		(D) the number of sentence credit for good conduct
9		revocations.
10		(4) The rules and regulations shall also provide that the
11		sentence credit accumulated and retained under paragraph (2.1)
12		of subsection (a) of this Section by any inmate during specific
13		periods of time in which such inmate is engaged full-time in
14		substance abuse programs, correctional industry assignments,
15		educational programs, behavior modification programs, life
16		skills courses, or re-entry planning provided by the Department
17		under this paragraph (4) and satisfactorily completes the
18		assigned program as determined by the standards of the
19		Department, shall be multiplied by a factor of 1.25 for program
20		participation before August 11, 1993 and 1.50 for program
21		participation on or after that date. The rules and regulations
22		shall also provide that sentence credit, subject to the same
23		offense limits and multiplier provided in this paragraph, may
24		be provided to an inmate who was held in pre-trial detention
25		prior to his or her current commitment to the Department of
26		Corrections and successfully completed a full-time, 60-day or

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1		longer substance abuse program, educational program, behavior
2		modification program, life skills course, or re-entry planning
3		provided by the county department of corrections or county
4		jail. Calculation of this county program credit shall be done
5		at sentencing as provided in Section 5-4.5-100 of this Code and
6		shall be included in the sentencing order. However, no inmate
7		shall be eligible for the additional sentence credit under this
8		paragraph (4) or (4.1) of this subsection (a) while assigned to
9		a boot camp or electronic detention, or if convicted of an
10		offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
11		this Section that is committed on or after June 19, 1998 or
12		subdivision (a)(2)(iv) of this Section that is committed on or
13		after June 23, 2005 (the effective date of Public Act 94-71) or
14		subdivision (a)(2)(v) of this Section that is committed on or
15		after August 13, 2007 (the effective date of Public Act 95-134)
16		or subdivision (a)(2)(vi) when the offense is committed on or
17		after June 1, 2008 (the effective date of Public Act 95-625) or
18		subdivision (a)(2)(vii) when the offense is committed on or
19		after July 23, 2010 (the effective date of Public Act 96-1224),
20		or if convicted of aggravated driving under the influence of
21		alcohol, other drug or drugs, or intoxicating compound or
22		compounds or any combination thereof as defined in subparagraph
23		(F) of paragraph (1) of subsection (d) of Section 11-501 of the
24		Illinois Vehicle Code, or if convicted of aggravated driving
25		under the influence of alcohol, other drug or drugs, or
26		intoxicating compound or compounds or any combination thereof

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1		as defined in subparagraph (C) of paragraph (1) of subsection
2		(d) of Section 11-501 of the Illinois Vehicle Code committed on
3		or after January 1, 2011 (the effective date of Public Act
4		96-1230), or if convicted of an offense enumerated in paragraph
5		(a)(2.4) of this Section that is committed on or after July 15,
6		1999 (the effective date of Public Act 91-121), or first degree
7		murder, a Class X felony, criminal sexual assault, felony
8		criminal sexual abuse, aggravated criminal sexual abuse,
9		aggravated battery with a firearm as described in Section
10		12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
11		Section 12-3.05, or any predecessor or successor offenses with
12		the same or substantially the same elements, or any inchoate
13		offenses relating to the foregoing offenses. No inmate shall be
14		eligible for the additional good conduct credit under this
15		paragraph (4) who (i) has previously received increased good
16		conduct credit under this paragraph (4) and has subsequently
17		been convicted of a felony, or (ii) has previously served more
18		than one prior sentence of imprisonment for a felony in an
19		adult correctional facility.
20		Educational, vocational, substance abuse, behavior
21		modification programs, life skills courses, re-entry planning,
22		and correctional industry programs under which sentence credit
23		may be increased under this paragraph (4) and paragraph (4.1)
24		of this subsection (a) shall be evaluated by the Department on
25		the basis of documented standards. The Department shall report
26		the results of these evaluations to the Governor and the

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1		General Assembly by September 30th of each year. The reports
2		shall include data relating to the recidivism rate among
3		program participants.
4		Availability of these programs shall be subject to the
5		limits of fiscal resources appropriated by the General Assembly
6		for these purposes. Eligible inmates who are denied immediate
7		admission shall be placed on a waiting list under criteria
8		established by the Department. The inability of any inmate to
9		become engaged in any such programs by reason of insufficient
10		program resources or for any other reason established under the
11		rules and regulations of the Department shall not be deemed a
12		cause of action under which the Department or any employee or
13		agent of the Department shall be liable for damages to the
14		inmate.
15		(4.1) The rules and regulations shall also provide that an
16		additional 90 days of sentence credit shall be awarded to any
17		prisoner who passes high school equivalency testing while the
18		prisoner is committed to the Department of Corrections. The
19		sentence credit awarded under this paragraph (4.1) shall be in
20		addition to, and shall not affect, the award of sentence credit
21		under any other paragraph of this Section, but shall also be
22		pursuant to the guidelines and restrictions set forth in
23		paragraph (4) of subsection (a) of this Section. The sentence
24		credit provided for in this paragraph shall be available only
25		to those prisoners who have not previously earned a high school
26		diploma or a high school equivalency certificate. If, after an

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1		award of the high school equivalency testing sentence credit
2		has been made, the Department determines that the prisoner was
3		not eligible, then the award shall be revoked. The Department
4		may also award 90 days of sentence credit to any committed
5		person who passed high school equivalency testing while he or
6		she was held in pre-trial detention prior to the current
7		commitment to the Department of Corrections.
8		(4.5) The rules and regulations on sentence credit shall
9		also provide that when the court's sentencing order recommends
10		a prisoner for substance abuse treatment and the crime was
11		committed on or after September 1, 2003 (the effective date of
12		Public Act 93-354), the prisoner shall receive no sentence
13		credit awarded under clause (3) of this subsection (a) unless
14		he or she participates in and completes a substance abuse
15		treatment program. The Director may waive the requirement to
16		participate in or complete a substance abuse treatment program
17		and award the sentence credit in specific instances if the
18		prisoner is not a good candidate for a substance abuse
19		treatment program for medical, programming, or operational
20		reasons. Availability of substance abuse treatment shall be
21		subject to the limits of fiscal resources appropriated by the
22		General Assembly for these purposes. If treatment is not
23		available and the requirement to participate and complete the
24		treatment has not been waived by the Director, the prisoner
25		shall be placed on a waiting list under criteria established by
26		the Department. The Director may allow a prisoner placed on a

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1		waiting list to participate in and complete a substance abuse
2		education class or attend substance abuse self-help meetings in
3		lieu of a substance abuse treatment program. A prisoner on a
4		waiting list who is not placed in a substance abuse program
5		prior to release may be eligible for a waiver and receive
6		sentence credit under clause (3) of this subsection (a) at the
7		discretion of the Director.
8		(4.6) The rules and regulations on sentence credit shall
9		also provide that a prisoner who has been convicted of a sex
10		offense as defined in Section 2 of the Sex Offender
11		Registration Act shall receive no sentence credit unless he or
12		she either has successfully completed or is participating in
13		sex offender treatment as defined by the Sex Offender
14		Management Board. However, prisoners who are waiting to receive
15		treatment, but who are unable to do so due solely to the lack
16		of resources on the part of the Department, may, at the
17		Director's sole discretion, be awarded sentence credit at a
18		rate as the Director shall determine.
19		(5) Whenever the Department is to release any inmate
20		earlier than it otherwise would because of a grant of sentence
21		credit for good conduct under paragraph (3) of subsection (a)
22		of this Section given at any time during the term, the
23		Department shall give reasonable notice of the impending
24		release not less than 14 days prior to the date of the release
25		to the State's Attorney of the county where the prosecution of
26		the inmate took place, and if applicable, the State's Attorney

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1		of the county into which the inmate will be released. The
2		Department must also make identification information and a
3		recent photo of the inmate being released accessible on the
4		Internet by means of a hyperlink labeled "Community
5		Notification of Inmate Early Release" on the Department's World
6		Wide Web homepage. The identification information shall
7		include the inmate's: name, any known alias, date of birth,
8		physical characteristics, commitment offense and county where
9		conviction was imposed. The identification information shall
10		be placed on the website within 3 days of the inmate's release
11		and the information may not be removed until either: completion
12		of the first year of mandatory supervised release or return of
13		the inmate to custody of the Department.
14		(b) Whenever a person is or has been committed under
15		several convictions, with separate sentences, the sentences
16		shall be construed under Section 5-8-4 in granting and
17		forfeiting of sentence credit.
18		(c) The Department shall prescribe rules and regulations
19		for revoking sentence credit, including revoking sentence
20		credit awarded for good conduct under paragraph (3) of
21		subsection (a) of this Section. The Department shall prescribe
22		rules and regulations for suspending or reducing the rate of
23		accumulation of sentence credit for specific rule violations,
24		during imprisonment. These rules and regulations shall provide
25		that no inmate may be penalized more than one year of sentence
26		credit for any one infraction.

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1		When the Department seeks to revoke, suspend or reduce the
2		rate of accumulation of any sentence credits for an alleged
3		infraction of its rules, it shall bring charges therefor
4		against the prisoner sought to be so deprived of sentence
5		credits before the Prisoner Review Board as provided in
6		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
7		amount of credit at issue exceeds 30 days or when during any 12
8		month period, the cumulative amount of credit revoked exceeds
9		30 days except where the infraction is committed or discovered
10		within 60 days of scheduled release. In those cases, the
11		Department of Corrections may revoke up to 30 days of sentence
12		credit. The Board may subsequently approve the revocation of
13		additional sentence credit, if the Department seeks to revoke
14		sentence credit in excess of 30 days. However, the Board shall
15		not be empowered to review the Department's decision with
16		respect to the loss of 30 days of sentence credit within any
17		calendar year for any prisoner or to increase any penalty
18		beyond the length requested by the Department.
19		The Director of the Department of Corrections, in
20		appropriate cases, may restore up to 30 days of sentence
21		credits which have been revoked, suspended or reduced. Any
22		restoration of sentence credits in excess of 30 days shall be
23		subject to review by the Prisoner Review Board. However, the
24		Board may not restore sentence credit in excess of the amount
25		requested by the Director.
26		Nothing contained in this Section shall prohibit the

SB1722 Enrolled - 74 - LRB100 11347 RLC 21730 b
1		Prisoner Review Board from ordering, pursuant to Section
2		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
3		sentence imposed by the court that was not served due to the
4		accumulation of sentence credit.
5		(d) If a lawsuit is filed by a prisoner in an Illinois or
6		federal court against the State, the Department of Corrections,
7		or the Prisoner Review Board, or against any of their officers
8		or employees, and the court makes a specific finding that a
9		pleading, motion, or other paper filed by the prisoner is
10		frivolous, the Department of Corrections shall conduct a
11		hearing to revoke up to 180 days of sentence credit by bringing
12		charges against the prisoner sought to be deprived of the
13		sentence credits before the Prisoner Review Board as provided
14		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
15		prisoner has not accumulated 180 days of sentence credit at the
16		time of the finding, then the Prisoner Review Board may revoke
17		all sentence credit accumulated by the prisoner.
18		For purposes of this subsection (d):
19		(1) "Frivolous" means that a pleading, motion, or other
20		filing which purports to be a legal document filed by a
21		prisoner in his or her lawsuit meets any or all of the
22		following criteria:
23		(A) it lacks an arguable basis either in law or in
24		fact;
25		(B) it is being presented for any improper purpose,
26		such as to harass or to cause unnecessary delay or

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1		needless increase in the cost of litigation;
2		(C) the claims, defenses, and other legal
3		contentions therein are not warranted by existing law
4		or by a nonfrivolous argument for the extension,
5		modification, or reversal of existing law or the
6		establishment of new law;
7		(D) the allegations and other factual contentions
8		do not have evidentiary support or, if specifically so
9		identified, are not likely to have evidentiary support
10		after a reasonable opportunity for further
11		investigation or discovery; or
12		(E) the denials of factual contentions are not
13		warranted on the evidence, or if specifically so
14		identified, are not reasonably based on a lack of
15		information or belief.
16		(2) "Lawsuit" means a motion pursuant to Section 116-3
17		of the Code of Criminal Procedure of 1963, a habeas corpus
18		action under Article X of the Code of Civil Procedure or
19		under federal law (28 U.S.C. 2254), a petition for claim
20		under the Court of Claims Act, an action under the federal
21		Civil Rights Act (42 U.S.C. 1983), or a second or
22		subsequent petition for post-conviction relief under
23		Article 122 of the Code of Criminal Procedure of 1963
24		whether filed with or without leave of court or a second or
25		subsequent petition for relief from judgment under Section
26		2-1401 of the Code of Civil Procedure.

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1		(e) Nothing in Public Act 90-592 or 90-593 affects the
2		validity of Public Act 89-404.
3		(f) Whenever the Department is to release any inmate who
4		has been convicted of a violation of an order of protection
5		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
6		the Criminal Code of 2012, earlier than it otherwise would
7		because of a grant of sentence credit, the Department, as a
8		condition of release, shall require that the person, upon
9		release, be placed under electronic surveillance as provided in
10		Section 5-8A-7 of this Code.
11		(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
12		eff. 1-1-16; 99-642, eff. 7-28-16.)
13		(Text of Section after amendment by P.A. 99-938)
14		Sec. 3-6-3. Rules and regulations for sentence credit.
15		(a)(1) The Department of Corrections shall prescribe rules
16		and regulations for awarding and revoking sentence credit for
17		persons committed to the Department which shall be subject to
18		review by the Prisoner Review Board.
19		(1.5) As otherwise provided by law, sentence credit may be
20		awarded for the following:
21		(A) successful completion of programming while in
22		custody of the Department or while in custody prior to
23		sentencing;
24		(B) compliance with the rules and regulations of the
25		Department; or

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1		(C) service to the institution, service to a community,
2		or service to the State.
3		(2) Except as provided in paragraph (4.7) of this
4		subsection (a), the The rules and regulations on sentence
5		credit shall provide, with respect to offenses listed in clause
6		(i), (ii), or (iii) of this paragraph (2) committed on or after
7		June 19, 1998 or with respect to the offense listed in clause
8		(iv) of this paragraph (2) committed on or after June 23, 2005
9		(the effective date of Public Act 94-71) or with respect to
10		offense listed in clause (vi) committed on or after June 1,
11		2008 (the effective date of Public Act 95-625) or with respect
12		to the offense of being an armed habitual criminal committed on
13		or after August 2, 2005 (the effective date of Public Act
14		94-398) or with respect to the offenses listed in clause (v) of
15		this paragraph (2) committed on or after August 13, 2007 (the
16		effective date of Public Act 95-134) or with respect to the
17		offense of aggravated domestic battery committed on or after
18		July 23, 2010 (the effective date of Public Act 96-1224) or
19		with respect to the offense of attempt to commit terrorism
20		committed on or after January 1, 2013 (the effective date of
21		Public Act 97-990), the following:
22		(i) that a prisoner who is serving a term of
23		imprisonment for first degree murder or for the offense of
24		terrorism shall receive no sentence credit and shall serve
25		the entire sentence imposed by the court;
26		(ii) that a prisoner serving a sentence for attempt to

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1		commit terrorism, attempt to commit first degree murder,
2		solicitation of murder, solicitation of murder for hire,
3		intentional homicide of an unborn child, predatory
4		criminal sexual assault of a child, aggravated criminal
5		sexual assault, criminal sexual assault, aggravated
6		kidnapping, aggravated battery with a firearm as described
7		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
8		(e)(4) of Section 12-3.05, heinous battery as described in
9		Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
10		being an armed habitual criminal, aggravated battery of a
11		senior citizen as described in Section 12-4.6 or
12		subdivision (a)(4) of Section 12-3.05, or aggravated
13		battery of a child as described in Section 12-4.3 or
14		subdivision (b)(1) of Section 12-3.05 shall receive no more
15		than 4.5 days of sentence credit for each month of his or
16		her sentence of imprisonment;
17		(iii) that a prisoner serving a sentence for home
18		invasion, armed robbery, aggravated vehicular hijacking,
19		aggravated discharge of a firearm, or armed violence with a
20		category I weapon or category II weapon, when the court has
21		made and entered a finding, pursuant to subsection (c-1) of
22		Section 5-4-1 of this Code, that the conduct leading to
23		conviction for the enumerated offense resulted in great
24		bodily harm to a victim, shall receive no more than 4.5
25		days of sentence credit for each month of his or her
26		sentence of imprisonment;

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1		(iv) that a prisoner serving a sentence for aggravated
2		discharge of a firearm, whether or not the conduct leading
3		to conviction for the offense resulted in great bodily harm
4		to the victim, shall receive no more than 4.5 days of
5		sentence credit for each month of his or her sentence of
6		imprisonment;
7		(v) that a person serving a sentence for gunrunning,
8		narcotics racketeering, controlled substance trafficking,
9		methamphetamine trafficking, drug-induced homicide,
10		aggravated methamphetamine-related child endangerment,
11		money laundering pursuant to clause (c) (4) or (5) of
12		Section 29B-1 of the Criminal Code of 1961 or the Criminal
13		Code of 2012, or a Class X felony conviction for delivery
14		of a controlled substance, possession of a controlled
15		substance with intent to manufacture or deliver,
16		calculated criminal drug conspiracy, criminal drug
17		conspiracy, street gang criminal drug conspiracy,
18		participation in methamphetamine manufacturing, aggravated
19		participation in methamphetamine manufacturing, delivery
20		of methamphetamine, possession with intent to deliver
21		methamphetamine, aggravated delivery of methamphetamine,
22		aggravated possession with intent to deliver
23		methamphetamine, methamphetamine conspiracy when the
24		substance containing the controlled substance or
25		methamphetamine is 100 grams or more shall receive no more
26		than 7.5 days sentence credit for each month of his or her

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

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1		subparagraph (C) of paragraph (1) of subsection (d) of Section
2		11-501 of the Illinois Vehicle Code committed on or after
3		January 1, 2011 (the effective date of Public Act 96-1230), the
4		rules and regulations shall provide that a prisoner who is
5		serving a term of imprisonment shall receive one day of
6		sentence credit for each day of his or her sentence of
7		imprisonment or recommitment under Section 3-3-9. Each day of
8		sentence credit shall reduce by one day the prisoner's period
9		of imprisonment or recommitment under Section 3-3-9.
10		(2.2) A prisoner serving a term of natural life
11		imprisonment or a prisoner who has been sentenced to death
12		shall receive no sentence credit.
13		(2.3) Except as provided in paragraph (4.7) of this
14		subsection (a), the The rules and regulations on sentence
15		credit shall provide that a prisoner who is serving a sentence
16		for aggravated driving under the influence of alcohol, other
17		drug or drugs, or intoxicating compound or compounds, or any
18		combination thereof as defined in subparagraph (F) of paragraph
19		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
20		Code, shall receive no more than 4.5 days of sentence credit
21		for each month of his or her sentence of imprisonment.
22		(2.4) Except as provided in paragraph (4.7) of this
23		subsection (a), the The rules and regulations on sentence
24		credit shall provide with respect to the offenses of aggravated
25		battery with a machine gun or a firearm equipped with any
26		device or attachment designed or used for silencing the report

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1		of a firearm or aggravated discharge of a machine gun or a
2		firearm equipped with any device or attachment designed or used
3		for silencing the report of a firearm, committed on or after
4		July 15, 1999 (the effective date of Public Act 91-121), that a
5		prisoner serving a sentence for any of these offenses shall
6		receive no more than 4.5 days of sentence credit for each month
7		of his or her sentence of imprisonment.
8		(2.5) Except as provided in paragraph (4.7) of this
9		subsection (a), the The rules and regulations on sentence
10		credit shall provide that a prisoner who is serving a sentence
11		for aggravated arson committed on or after July 27, 2001 (the
12		effective date of Public Act 92-176) shall receive no more than
13		4.5 days of sentence credit for each month of his or her
14		sentence of imprisonment.
15		(2.6) Except as provided in paragraph (4.7) of this
16		subsection (a), the The rules and regulations on sentence
17		credit shall provide that a prisoner who is serving a sentence
18		for aggravated driving under the influence of alcohol, other
19		drug or drugs, or intoxicating compound or compounds or any
20		combination thereof as defined in subparagraph (C) of paragraph
21		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
22		Code committed on or after January 1, 2011 (the effective date
23		of Public Act 96-1230) shall receive no more than 4.5 days of
24		sentence credit for each month of his or her sentence of
25		imprisonment.
26		(3) Except as provided in paragraph (4.7) of this

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1		subsection (a), the The rules and regulations shall also
2		provide that the Director may award up to 180 days of earned
3		sentence credit for good conduct in specific instances as the
4		Director deems proper. The good conduct may include, but is not
5		limited to, compliance with the rules and regulations of the
6		Department, service to the Department, service to a community,
7		or service to the State.
8		Eligible inmates for an award of earned sentence credit
9		under this paragraph (3) may be selected to receive the credit
10		at the Director's or his or her designee's sole discretion.
11		Eligibility for the additional earned sentence credit under
12		this paragraph (3) shall be based on, but is not limited to,
13		the results of any available risk/needs assessment or other
14		relevant assessments or evaluations administered by the
15		Department using a validated instrument, the circumstances of
16		the crime, any history of conviction for a forcible felony
17		enumerated in Section 2-8 of the Criminal Code of 2012, the
18		inmate's behavior and disciplinary history while incarcerated,
19		and the inmate's commitment to rehabilitation, including
20		participation in programming offered by the Department.
21		The Director shall not award sentence credit under this
22		paragraph (3) to an inmate unless the inmate has served a
23		minimum of 60 days of the sentence; except nothing in this
24		paragraph shall be construed to permit the Director to extend
25		an inmate's sentence beyond that which was imposed by the
26		court. Prior to awarding credit under this paragraph (3), the

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

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1		subsection (a), the The rules and regulations shall also
2		provide that the sentence credit accumulated and retained under
3		paragraph (2.1) of subsection (a) of this Section by any inmate
4		during specific periods of time in which such inmate is engaged
5		full-time in substance abuse programs, correctional industry
6		assignments, educational programs, behavior modification
7		programs, life skills courses, or re-entry planning provided by
8		the Department under this paragraph (4) and satisfactorily
9		completes the assigned program as determined by the standards
10		of the Department, shall be multiplied by a factor of 1.25 for
11		program participation before August 11, 1993 and 1.50 for
12		program participation on or after that date. The rules and
13		regulations shall also provide that sentence credit, subject to
14		the same offense limits and multiplier provided in this
15		paragraph, may be provided to an inmate who was held in
16		pre-trial detention prior to his or her current commitment to
17		the Department of Corrections and successfully completed a
18		full-time, 60-day or longer substance abuse program,
19		educational program, behavior modification program, life
20		skills course, or re-entry planning provided by the county
21		department of corrections or county jail. Calculation of this
22		county program credit shall be done at sentencing as provided
23		in Section 5-4.5-100 of this Code and shall be included in the
24		sentencing order. However, no inmate shall be eligible for the
25		additional sentence credit under this paragraph (4) or (4.1) of
26		this subsection (a) while assigned to a boot camp or electronic

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1		detention, or if convicted of an offense enumerated in
2		subdivision (a)(2)(i), (ii), or (iii) of this Section that is
3		committed on or after June 19, 1998 or subdivision (a)(2)(iv)
4		of this Section that is committed on or after June 23, 2005
5		(the effective date of Public Act 94-71) or subdivision
6		(a)(2)(v) of this Section that is committed on or after August
7		13, 2007 (the effective date of Public Act 95-134) or
8		subdivision (a)(2)(vi) when the offense is committed on or
9		after June 1, 2008 (the effective date of Public Act 95-625) or
10		subdivision (a)(2)(vii) when the offense is committed on or
11		after July 23, 2010 (the effective date of Public Act 96-1224),
12		or if convicted of aggravated driving under the influence of
13		alcohol, other drug or drugs, or intoxicating compound or
14		compounds or any combination thereof as defined in subparagraph
15		(F) of paragraph (1) of subsection (d) of Section 11-501 of the
16		Illinois Vehicle Code, or if convicted of aggravated driving
17		under the influence of alcohol, other drug or drugs, or
18		intoxicating compound or compounds or any combination thereof
19		as defined in subparagraph (C) of paragraph (1) of subsection
20		(d) of Section 11-501 of the Illinois Vehicle Code committed on
21		or after January 1, 2011 (the effective date of Public Act
22		96-1230), or if convicted of an offense enumerated in paragraph
23		(a)(2.4) of this Section that is committed on or after July 15,
24		1999 (the effective date of Public Act 91-121), or first degree
25		murder, a Class X felony, criminal sexual assault, felony
26		criminal sexual abuse, aggravated criminal sexual abuse,

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1		aggravated battery with a firearm as described in Section
2		12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
3		Section 12-3.05, or any predecessor or successor offenses with
4		the same or substantially the same elements, or any inchoate
5		offenses relating to the foregoing offenses.
6		Educational, vocational, substance abuse, behavior
7		modification programs, life skills courses, re-entry planning,
8		and correctional industry programs under which sentence credit
9		may be increased under this paragraph (4) and paragraph (4.1)
10		of this subsection (a) shall be evaluated by the Department on
11		the basis of documented standards. The Department shall report
12		the results of these evaluations to the Governor and the
13		General Assembly by September 30th of each year. The reports
14		shall include data relating to the recidivism rate among
15		program participants.
16		Availability of these programs shall be subject to the
17		limits of fiscal resources appropriated by the General Assembly
18		for these purposes. Eligible inmates who are denied immediate
19		admission shall be placed on a waiting list under criteria
20		established by the Department. The inability of any inmate to
21		become engaged in any such programs by reason of insufficient
22		program resources or for any other reason established under the
23		rules and regulations of the Department shall not be deemed a
24		cause of action under which the Department or any employee or
25		agent of the Department shall be liable for damages to the
26		inmate.

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1		(4.1) Except as provided in paragraph (4.7) of this
2		subsection (a), the The rules and regulations shall also
3		provide that an additional 90 days of sentence credit shall be
4		awarded to any prisoner who passes high school equivalency
5		testing while the prisoner is committed to the Department of
6		Corrections. The sentence credit awarded under this paragraph
7		(4.1) shall be in addition to, and shall not affect, the award
8		of sentence credit under any other paragraph of this Section,
9		but shall also be pursuant to the guidelines and restrictions
10		set forth in paragraph (4) of subsection (a) of this Section.
11		The sentence credit provided for in this paragraph shall be
12		available only to those prisoners who have not previously
13		earned a high school diploma or a high school equivalency
14		certificate. If, after an award of the high school equivalency
15		testing sentence credit has been made, the Department
16		determines that the prisoner was not eligible, then the award
17		shall be revoked. The Department may also award 90 days of
18		sentence credit to any committed person who passed high school
19		equivalency testing while he or she was held in pre-trial
20		detention prior to the current commitment to the Department of
21		Corrections.
22		(4.5) The rules and regulations on sentence credit shall
23		also provide that when the court's sentencing order recommends
24		a prisoner for substance abuse treatment and the crime was
25		committed on or after September 1, 2003 (the effective date of
26		Public Act 93-354), the prisoner shall receive no sentence

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

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

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

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

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1		restoration of sentence credits in excess of 30 days shall be
2		subject to review by the Prisoner Review Board. However, the
3		Board may not restore sentence credit in excess of the amount
4		requested by the Director.
5		Nothing contained in this Section shall prohibit the
6		Prisoner Review Board from ordering, pursuant to Section
7		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8		sentence imposed by the court that was not served due to the
9		accumulation of sentence credit.
10		(d) If a lawsuit is filed by a prisoner in an Illinois or
11		federal court against the State, the Department of Corrections,
12		or the Prisoner Review Board, or against any of their officers
13		or employees, and the court makes a specific finding that a
14		pleading, motion, or other paper filed by the prisoner is
15		frivolous, the Department of Corrections shall conduct a
16		hearing to revoke up to 180 days of sentence credit by bringing
17		charges against the prisoner sought to be deprived of the
18		sentence credits before the Prisoner Review Board as provided
19		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
20		prisoner has not accumulated 180 days of sentence credit at the
21		time of the finding, then the Prisoner Review Board may revoke
22		all sentence credit accumulated by the prisoner.
23		For purposes of this subsection (d):
24		(1) "Frivolous" means that a pleading, motion, or other
25		filing which purports to be a legal document filed by a
26		prisoner in his or her lawsuit meets any or all of the

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1		following criteria:
2		(A) it lacks an arguable basis either in law or in
3		fact;
4		(B) it is being presented for any improper purpose,
5		such as to harass or to cause unnecessary delay or
6		needless increase in the cost of litigation;
7		(C) the claims, defenses, and other legal
8		contentions therein are not warranted by existing law
9		or by a nonfrivolous argument for the extension,
10		modification, or reversal of existing law or the
11		establishment of new law;
12		(D) the allegations and other factual contentions
13		do not have evidentiary support or, if specifically so
14		identified, are not likely to have evidentiary support
15		after a reasonable opportunity for further
16		investigation or discovery; or
17		(E) the denials of factual contentions are not
18		warranted on the evidence, or if specifically so
19		identified, are not reasonably based on a lack of
20		information or belief.
21		(2) "Lawsuit" means a motion pursuant to Section 116-3
22		of the Code of Criminal Procedure of 1963, a habeas corpus
23		action under Article X of the Code of Civil Procedure or
24		under federal law (28 U.S.C. 2254), a petition for claim
25		under the Court of Claims Act, an action under the federal
26		Civil Rights Act (42 U.S.C. 1983), or a second or

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1		subsequent petition for post-conviction relief under
2		Article 122 of the Code of Criminal Procedure of 1963
3		whether filed with or without leave of court or a second or
4		subsequent petition for relief from judgment under Section
5		2-1401 of the Code of Civil Procedure.
6		(e) Nothing in Public Act 90-592 or 90-593 affects the
7		validity of Public Act 89-404.
8		(f) Whenever the Department is to release any inmate who
9		has been convicted of a violation of an order of protection
10		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
11		the Criminal Code of 2012, earlier than it otherwise would
12		because of a grant of sentence credit, the Department, as a
13		condition of release, shall require that the person, upon
14		release, be placed under electronic surveillance as provided in
15		Section 5-8A-7 of this Code.
16		(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
17		eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)
18		(730 ILCS 5/5-4.5-95)
19		Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
20		(a) HABITUAL CRIMINALS.
21		(1) Every person who has been twice convicted in any
22		state or federal court of an offense that contains the same
23		elements as an offense now (the date of the offense
24		committed after the 2 prior convictions) classified in
25		Illinois as a Class X felony, criminal sexual assault,

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1		aggravated kidnapping, or first degree murder, and who is
2		thereafter convicted of a Class X felony, criminal sexual
3		assault, or first degree murder, committed after the 2
4		prior convictions, shall be adjudged an habitual criminal.
5		(2) The 2 prior convictions need not have been for the
6		same offense.
7		(3) Any convictions that result from or are connected
8		with the same transaction, or result from offenses
9		committed at the same time, shall be counted for the
10		purposes of this Section as one conviction.
11		(4) This Section does not apply unless each of the
12		following requirements are satisfied:
13		(A) The third offense was committed after July 3,
14		1980.
15		(B) The third offense was committed within 20 years
16		of the date that judgment was entered on the first
17		conviction; provided, however, that time spent in
18		custody shall not be counted.
19		(C) The third offense was committed after
20		conviction on the second offense.
21		(D) The second offense was committed after
22		conviction on the first offense.
23		(5) Anyone who, having attained the age of 18 at the
24		time of the third offense, is adjudged an habitual criminal
25		shall be sentenced to a term of natural life imprisonment.
26		(6) A prior conviction shall not be alleged in the

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1		indictment, and no evidence or other disclosure of that
2		conviction shall be presented to the court or the jury
3		during the trial of an offense set forth in this Section
4		unless otherwise permitted by the issues properly raised in
5		that trial. After a plea or verdict or finding of guilty
6		and before sentence is imposed, the prosecutor may file
7		with the court a verified written statement signed by the
8		State's Attorney concerning any former conviction of an
9		offense set forth in this Section rendered against the
10		defendant. The court shall then cause the defendant to be
11		brought before it; shall inform the defendant of the
12		allegations of the statement so filed, and of his or her
13		right to a hearing before the court on the issue of that
14		former conviction and of his or her right to counsel at
15		that hearing; and unless the defendant admits such
16		conviction, shall hear and determine the issue, and shall
17		make a written finding thereon. If a sentence has
18		previously been imposed, the court may vacate that sentence
19		and impose a new sentence in accordance with this Section.
20		(7) A duly authenticated copy of the record of any
21		alleged former conviction of an offense set forth in this
22		Section shall be prima facie evidence of that former
23		conviction; and a duly authenticated copy of the record of
24		the defendant's final release or discharge from probation
25		granted, or from sentence and parole supervision (if any)
26		imposed pursuant to that former conviction, shall be prima

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1		facie evidence of that release or discharge.
2		(8) Any claim that a previous conviction offered by the
3		prosecution is not a former conviction of an offense set
4		forth in this Section because of the existence of any
5		exceptions described in this Section, is waived unless duly
6		raised at the hearing on that conviction, or unless the
7		prosecution's proof shows the existence of the exceptions
8		described in this Section.
9		(9) If the person so convicted shows to the
10		satisfaction of the court before whom that conviction was
11		had that he or she was released from imprisonment, upon
12		either of the sentences upon a pardon granted for the
13		reason that he or she was innocent, that conviction and
14		sentence shall not be considered under this Section.
15		(b) When a defendant, over the age of 21 years, is
16		convicted of a Class 1 or Class 2 felony, except for an offense
17		listed in subsection (c) of this Section, after having twice
18		been convicted in any state or federal court of an offense that
19		contains the same elements as an offense now (the date the
20		Class 1 or Class 2 felony was committed) classified in Illinois
21		as a Class 2 or greater Class felony, except for an offense
22		listed in subsection (c) of this Section, and those charges are
23		separately brought and tried and arise out of different series
24		of acts, that defendant shall be sentenced as a Class X
25		offender. This subsection does not apply unless:
26		(1) the first felony was committed after February 1,

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1		1978 (the effective date of Public Act 80-1099);
2		(2) the second felony was committed after conviction on
3		the first; and
4		(3) the third felony was committed after conviction on
5		the second.
6		(c) Subsection (b) of this Section does not apply to Class
7		1 or Class 2 felony convictions for a violation of Section 16-1
8		of the Criminal Code of 2012.
9		A person sentenced as a Class X offender under this
10		subsection (b) is not eligible to apply for treatment as a
11		condition of probation as provided by Section 40-10 of the
12		Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
13		301/40-10).
14		(Source: P.A. 99-69, eff. 1-1-16.)
15		(730 ILCS 5/5-4.5-110 new)
16		Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
17		PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
18		(a) DEFINITIONS. For the purposes of this Section:
19		"Firearm" has the meaning ascribed to it in Section 1.1
20		of the Firearm Owners Identification Card Act.
21		"Qualifying predicate offense" means the following
22		offenses under the Criminal Code of 2012:
23		(A) aggravated unlawful use of a weapon under
24		Section 24-1.6 or similar offense under the Criminal
25		Code of 1961, when the weapon is a firearm;

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1		(B) unlawful use or possession of a weapon by a
2		felon under Section 24-1.1 or similar offense under the
3		Criminal Code of 1961, when the weapon is a firearm;
4		(C) first degree murder under Section 9-1 or
5		similar offense under the Criminal Code of 1961;
6		(D) attempted first degree murder with a firearm or
7		similar offense under the Criminal Code of 1961;
8		(E) aggravated kidnapping with a firearm under
9		paragraph (6) or (7) of subsection (a) of Section 10-2
10		or similar offense under the Criminal Code of 1961;
11		(F) aggravated battery with a firearm under
12		subsection (e) of Section 12-3.05 or similar offense
13		under the Criminal Code of 1961;
14		(G) aggravated criminal sexual assault under
15		Section 11-1.30 or similar offense under the Criminal
16		Code of 1961;
17		(H) predatory criminal sexual assault of a child
18		under Section 11-1.40 or similar offense under the
19		Criminal Code of 1961;
20		(I) armed robbery under Section 18-2 or similar
21		offense under the Criminal Code of 1961;
22		(J) vehicular hijacking under Section 18-3 or
23		similar offense under the Criminal Code of 1961;
24		(K) aggravated vehicular hijacking under Section
25		18-4 or similar offense under the Criminal Code of
26		1961;

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1		(L) home invasion with a firearm under paragraph
2		(3), (4), or (5) of subsection (a) of Section 19-6 or
3		similar offense under the Criminal Code of 1961;
4		(M) aggravated discharge of a firearm under
5		Section 24-1.2 or similar offense under the Criminal
6		Code of 1961;
7		(N) aggravated discharge of a machine gun or a
8		firearm equipped with a device designed or used for
9		silencing the report of a firearm under Section
10		24-1.2-5 or similar offense under the Criminal Code of
11		1961;
12		(0) unlawful use of firearm projectiles under
13		Section 24-2.1 or similar offense under the Criminal
14		Code of 1961;
15		(P) manufacture, sale, or transfer of bullets or
16		shells represented to be armor piercing bullets,
17		dragon's breath shotgun shells, bolo shells, or
18		flechette shells under Section 24-2.2 or similar
19		offense under the Criminal Code of 1961;
20		(Q) unlawful sale or delivery of firearms under
21		Section 24-3 or similar offense under the Criminal Code
22		of 1961;
23		(R) unlawful discharge of firearm projectiles
24		under Section 24-3.2 or similar offense under the
25		Criminal Code of 1961;
26		(S) unlawful sale or delivery of firearms on school

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1		premises of any school under Section 24-3.3 or similar
2		offense under the Criminal Code of 1961;
3		(T) unlawful purchase of a firearm under Section
4		24-3.5 or similar offense under the Criminal Code of
5		1961;
6		(U) use of a stolen firearm in the commission of an
7		offense under Section 24-3.7 or similar offense under
8		the Criminal Code of 1961;
9		(V) possession of a stolen firearm under Section
10		24-3.8 or similar offense under the Criminal Code of
11		1961;
12		(W) aggravated possession of a stolen firearm
13		under Section 24-3.9 or similar offense under the
14		Criminal Code of 1961;
15		(X) gunrunning under Section 24-3A or similar
16		offense under the Criminal Code of 1961;
17		(Y) defacing identification marks of firearms
18		under Section 24-5 or similar offense under the
19		Criminal Code of 1961; and
20		(Z) armed violence under Section 33A-2 or similar
21		offense under the Criminal Code of 1961.
22		(b) APPLICABILITY. For an offense committed on or after the
23		effective date of this amendatory Act of the 100th General
24		Assembly and before January 1, 2023, when a person is convicted
25		of unlawful use or possession of a weapon by a felon, when the
26		weapon is a firearm, or aggravated unlawful use of a weapon,

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1		when the weapon is a firearm, after being previously convicted
2		of a qualifying predicate offense the person shall be subject
3		to the sentencing guidelines under this Section.
4		(c) SENTENCING GUIDELINES.
5		(1) When a person is convicted of unlawful use or
6		possession of a weapon by a felon, when the weapon is a
7		firearm, and that person has been previously convicted of a
8		qualifying predicate offense, the person shall be
9		sentenced to a term of imprisonment within the sentencing
10		range of not less than 7 years and not more than 14 years,
11		unless the court finds that a departure from the sentencing
12		guidelines under this paragraph is warranted under
13		subsection (d) of this Section.
14		(2) When a person is convicted of aggravated unlawful
15		use of a weapon, when the weapon is a firearm, and that
16		person has been previously convicted of a qualifying
17		predicate offense, the person shall be sentenced to a term
18		of imprisonment within the sentencing range of not less
19		than 6 years and not more than 7 years, unless the court
20		finds that a departure from the sentencing guidelines under
21		this paragraph is warranted under subsection (d) of this
22		Section.
23		(3) The sentencing guidelines in paragraphs (1) and (2)
24		of this subsection (c) apply only to offenses committed on
25		and after the effective date of this amendatory Act of the
26		100th General Assembly and before January 1, 2023.

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1		(d) DEPARTURE FROM SENTENCING GUIDELINES.
2		(1) At the sentencing hearing conducted under Section
3		5-4-1 of this Code, the court may depart from the
4		sentencing guidelines provided in subsection (c) of this
5		Section and impose a sentence otherwise authorized by law
6		for the offense if the court, after considering any factor
7		under paragraph (2) of this subsection (d) relevant to the
8		nature and circumstances of the crime and to the history
9		and character of the defendant, finds on the record
10		substantial and compelling justification that the sentence
11		within the sentencing guidelines would be unduly harsh and
12		that a sentence otherwise authorized by law would be
13		consistent with public safety and does not deprecate the
14		seriousness of the offense.
15		(2) In deciding whether to depart from the sentencing
16		guidelines under this paragraph, the court shall consider:
17		(A) the age, immaturity, or limited mental
18		capacity of the defendant at the time of commission of
19		the qualifying predicate or current offense, including
20		whether the defendant was suffering from a mental or
21		physical condition insufficient to constitute a
22		defense but significantly reduced the defendant's
23		culpability;
24		(B) the nature and circumstances of the qualifying
25		predicate offense;
26		(C) the time elapsed since the qualifying

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1		predicate offense;
2		(D) the nature and circumstances of the current
3		offense;
4		(E) the defendant's prior criminal history;
5		(F) whether the defendant committed the qualifying
6		predicate or current offense under specific and
7		credible duress, coercion, threat, or compulsion;
8		(G) whether the defendant aided in the
9		apprehension of another felon or testified truthfully
10		on behalf of another prosecution of a felony; and
11		(H) whether departure is in the interest of the
12		person's rehabilitation, including employment or
13		educational or vocational training, after taking into
14		account any past rehabilitation efforts or
15		dispositions of probation or supervision, and the
16		defendant's cooperation or response to rehabilitation.
17		(3) When departing from the sentencing guidelines
18		under this Section, the court shall specify on the record,
19		the particular evidence, information, factor or factors,
20		or other reasons which led to the departure from the
21		sentencing guidelines. When departing from the sentencing
22		range in accordance with this subsection (d), the court
23		shall indicate on the sentencing order which departure
24		factor or factors outlined in paragraph (2) of this
25		subsection (d) led to the sentence imposed. The sentencing
26		order shall be filed with the clerk of the court and shall

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1		be a public record.
2		(e) This Section is repealed on January 1, 2023.
3		(730 ILCS 5/5-6-3.3)
4		Sec. 5-6-3.3. Offender Initiative Program.
5		(a) Statement of purpose. The General Assembly seeks to
6		continue other successful programs that promote public safety,
7		conserve valuable resources, and reduce recidivism by
8		defendants who can lead productive lives by creating the
9		Offender Initiative Program.
10		(a-1) Whenever any person who has not previously been
11		convicted of, or placed on probation or conditional discharge
12		for, any felony offense under the laws of this State, the laws
13		of any other state, or the laws of the United States, is
14		arrested for and charged with a probationable felony offense of
15		theft, retail theft, forgery, possession of a stolen motor
16		vehicle, burglary, possession of burglary tools, deceptive
17		practices, disorderly conduct, criminal damage or trespass to
18		property under Article 21 of the Criminal Code of 2012,
19		criminal trespass to a residence, obstructing justice, or an
20		offense involving fraudulent identification, or possession of
21		cannabis, possession of a controlled substance, or possession
22		of methamphetamine, the court, with the consent of the
23		defendant and the State's Attorney, may continue this matter to
24		allow a defendant to participate and complete the Offender
25		Initiative Program.

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1		(a-2) Exemptions. A defendant shall not be eligible for
2		this Program if the offense he or she has been arrested for and
3		charged with is a violent offense. For purposes of this
4		Program, a "violent offense" is any offense where bodily harm
5		was inflicted or where force was used against any person or
6		threatened against any person, any offense involving sexual
7		conduct, sexual penetration, or sexual exploitation, any
8		offense of domestic violence, domestic battery, violation of an
9		order of protection, stalking, hate crime, driving under the
10		influence of drugs or alcohol, and any offense involving the
11		possession of a firearm or dangerous weapon. A defendant shall
12		not be eligible for this Program if he or she has previously
13		been adjudicated a delinquent minor for the commission of a
14		violent offense as defined in this subsection.
15		(b) When a defendant is placed in the Program, after both
16		the defendant and State's Attorney waive preliminary hearing
17		pursuant to Section 109-3 of the Code of Criminal Procedure of
18		1963, the court shall enter an order specifying that the
19		proceedings shall be suspended while the defendant is
20		participating in a Program of not less 12 months.
21		(c) The conditions of the Program shall be that the
22		defendant:
23		(1) not violate any criminal statute of this State or
24		any other jurisdiction;
25		(2) refrain from possessing a firearm or other
26		dangerous weapon;

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1		(3) make full restitution to the victim or property
2		owner pursuant to Section 5-5-6 of this Code;
3		(4) obtain employment or perform not less than 30 hours
4		of community service, provided community service is
5		available in the county and is funded and approved by the
6		county board; and
7		(5) attend educational courses designed to prepare the
8		defendant for obtaining a high school diploma or to work
9		toward passing high school equivalency testing or to work
10		toward completing a vocational training program.
11		(d) The court may, in addition to other conditions, require
12		that the defendant:
13		(1) undergo medical or psychiatric treatment, or
14		treatment or rehabilitation approved by the Illinois
15		Department of Human Services;
16		(2) refrain from having in his or her body the presence
17		of any illicit drug prohibited by the Methamphetamine
18		Control and Community Protection Act, the Cannabis Control
19		Act or the Illinois Controlled Substances Act, unless
20		prescribed by a physician, and submit samples of his or her
21		blood or urine or both for tests to determine the presence
22		of any illicit drug;
23		(3) submit to periodic drug testing at a time, manner,
24		and frequency as ordered by the court;
25		(4) pay fines, fees and costs; and
26		(5) in addition, if a minor:

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1		(i) reside with his or her parents or in a foster
2		home;
3		(ii) attend school;
4		(iii) attend a non-residential program for youth;
5		or
6		(iv) contribute to his or her own support at home
7		or in a foster home.
8		(e) When the State's Attorney makes a factually specific
9		offer of proof that the defendant has failed to successfully
10		complete the Program or has violated any of the conditions of
11		the Program, the court shall enter an order that the defendant
12		has not successfully completed the Program and continue the
13		case for arraignment pursuant to Section 113-1 of the Code of
14		Criminal Procedure of 1963 for further proceedings as if the
15		defendant had not participated in the Program.
16		(f) Upon fulfillment of the terms and conditions of the
17		Program, the State's Attorney shall dismiss the case or the
18		court shall discharge the person and dismiss the proceedings
19		against the person.
20		(g) A person may only have There may be only one discharge
21		and dismissal under this Section within a 4-year period with
22		respect to any person.
23		(h) Notwithstanding subsection (a-1), if the court finds
24		that the defendant suffers from a substance abuse problem, then
25		before the person participates in the Program under this
26		Section, the court may refer the person to the drug court

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1		established in that judicial circuit pursuant to Section 15 of
2		the Drug Court Treatment Act. The drug court team shall
3		evaluate the person's likelihood of successfully fulfilling
4		the terms and conditions of the Program under this Section and
5		shall report the results of its evaluation to the court. If the
6		drug court team finds that the person suffers from a substance
7		abuse problem that makes him or her substantially unlikely to
8		successfully fulfill the terms and conditions of the Program,
9		then the drug court shall set forth its findings in the form of
10		a written order, and the person shall be ineligible to
11		participate in the Program under this Section, but shall may be
12		considered for the drug court program.
13		(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
14		(730 ILCS 5/5-6-3.4)
15		Sec. 5-6-3.4. Second Chance Probation.
16		(a) Whenever any person who has not previously been
17		convicted of, or placed on probation or conditional discharge
18		for, any felony offense under the laws of this State, the laws
19		of any other state, or the laws of the United States, including
20		probation under Section 410 of the Illinois Controlled
21		Substances Act, Section 70 of the Methamphetamine Control and
22		Community Protection Act, Section 10 of the Cannabis Control
23		Act, subsection (c) of Section 11-14 of the Criminal Code of
24		2012, Treatment Alternatives for Criminal Justice Clients
25		(TASC) under Article 40 of the Alcoholism and Other Drug Abuse

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1		and Dependency Act, or prior successful completion of the
2		Offender Initiative Program under Section 5-6-3.3 of this Code,
3		and pleads guilty to, or is found guilty of, a probationable
4		felony offense of possession of less than 15 grams of a
5		controlled substance that is punishable as a Class 4 felony;
6		possession of less than 15 grams of methamphetamine that is
7		punishable as a Class 4 felony; or a probationable felony
8		offense of possession of cannabis, theft, retail theft,
9		forgery, deceptive practices, possession of a stolen motor
10		vehicle, burglary, possession of burglary tools, disorderly
11		conduct, criminal damage or trespass to property under Article
12		21 of the Criminal Code of 2012, criminal trespass to a
13		residence, an offense involving fraudulent identification, or
14		obstructing justice; theft that is punishable as a Class 3
15		felony based on the value of the property or punishable as a
16		Class 4 felony if the theft was committed in a school or place
17		of worship or if the theft was of governmental property; retail
18		theft that is punishable as a Class 3 felony based on the value
19		of the property; criminal damage to property that is punishable
20		as a Class 4 felony; criminal damage to government supported
21		property that is punishable as a Class 4 felony; or possession
22		of cannabis which is punishable as a Class 4 felony, the court,
23		with the consent of the defendant and the State's Attorney,
24		may, without entering a judgment, sentence the defendant to
25		probation under this Section.
26		(a-1) Exemptions. A defendant is not eligible for this

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1		probation if the offense he or she pleads guilty to, or is
2		found guilty of, is a violent offense, or he or she has
3		previously been convicted of a violent offense. For purposes of
4		this probation, a "violent offense" is any offense where bodily
5		harm was inflicted or where force was used against any person
6		or threatened against any person, any offense involving sexual
7		conduct, sexual penetration, or sexual exploitation, any
8		offense of domestic violence, domestic battery, violation of an
9		order of protection, stalking, hate crime, driving under the
10		influence of drugs or alcohol, and any offense involving the
11		possession of a firearm or dangerous weapon. A defendant shall
12		not be eligible for this probation if he or she has previously
13		been adjudicated a delinquent minor for the commission of a
14		violent offense as defined in this subsection.
15		(b) When a defendant is placed on probation, the court
16		shall enter an order specifying a period of probation of not
17		less than 24 months and shall defer further proceedings in the
18		case until the conclusion of the period or until the filing of
19		a petition alleging violation of a term or condition of
20		probation.
21		(c) The conditions of probation shall be that the
22		defendant:
23		(1) not violate any criminal statute of this State or
24		any other jurisdiction;
25		(2) refrain from possessing a firearm or other
26		dangerous weapon;

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1		(3) make full restitution to the victim or property
2		owner under Section 5-5-6 of this Code;
3		(4) obtain or attempt to obtain employment;
4		(5) pay fines and costs;
5		(6) attend educational courses designed to prepare the
6		defendant for obtaining a high school diploma or to work
7		toward passing high school equivalency testing or to work
8		toward completing a vocational training program;
9		(7) submit to periodic drug testing at a time and in a
10		manner as ordered by the court, but no less than 3 times
11		during the period of probation, with the cost of the
12		testing to be paid by the defendant; and
13		(8) perform a minimum of 30 hours of community service.
14		(d) The court may, in addition to other conditions, require
15		that the defendant:
16		(1) make a report to and appear in person before or
17		participate with the court or such courts, person, or
18		social service agency as directed by the court in the order
19		of probation;
20		(2) undergo medical or psychiatric treatment, or
21		treatment or rehabilitation approved by the Illinois
22		Department of Human Services;
23		(3) attend or reside in a facility established for the
24		instruction or residence of defendants on probation;
25		(4) support his or her dependents; or
26		(5) refrain from having in his or her body the presence

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1		of any illicit drug prohibited by the Methamphetamine
2		Control and Community Protection Act, the Cannabis Control
3		Act, or the Illinois Controlled Substances Act, unless
4		prescribed by a physician, and submit samples of his or her
5		blood or urine or both for tests to determine the presence
6		of any illicit drug.
7		(e) Upon violation of a term or condition of probation, the
8		court may enter a judgment on its original finding of guilt and
9		proceed as otherwise provided by law.
10		(f) Upon fulfillment of the terms and conditions of
11		probation, the court shall discharge the person and dismiss the
12		proceedings against the person.
13		(g) A disposition of probation is considered to be a
14		conviction for the purposes of imposing the conditions of
15		probation and for appeal; however, a discharge and dismissal
16		under this Section is not a conviction for purposes of this
17		Code or for purposes of disqualifications or disabilities
18		imposed by law upon conviction of a crime.
19		(h) A person may only have There may be only one discharge
20		and dismissal under this Section within a 4-year period ,
21		Section 410 of the Illinois Controlled Substances Act, Section
22		70 of the Methamphetamine Control and Community Protection Act,
23		Section 10 of the Cannabis Control Act, Treatment Alternatives
24		for Criminal Justice Clients (TASC) under Article 40 of the
25		Alcoholism and Other Drug Abuse and Dependency Act, the
26		Offender Initiative Program under Section 5-6-3.3 of this Code,

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1		and subsection (c) of Section 11-14 of the Criminal Code of
2		2012 with respect to any person.
3		(i) If a person is convicted of any offense which occurred
4		within 5 years subsequent to a discharge and dismissal under
5		this Section, the discharge and dismissal under this Section
6		shall be admissible in the sentencing proceeding for that
7		conviction as evidence in aggravation.
8		(j) Notwithstanding subsection (a), if the court finds that
9		the defendant suffers from a substance abuse problem, then
10		before the person is placed on probation under this Section,
11		the court may refer the person to the drug court established in
12		that judicial circuit pursuant to Section 15 of the Drug Court
13		Treatment Act. The drug court team shall evaluate the person's
14		likelihood of successfully fulfilling the terms and conditions
15		of probation under this Section and shall report the results of
16		its evaluation to the court. If the drug court team finds that
17		the person suffers from a substance abuse problem that makes
18		him or her substantially unlikely to successfully fulfill the
19		terms and conditions of probation under this Section, then the
20		drug court shall set forth its findings in the form of a
21		written order, and the person shall be ineligible to be placed
22		on probation under this Section, but shall may be considered
23		for the drug court program.
24		(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
25		eff. 9-9-15.)

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1		(730 ILCS 5/5-6-3.6 new)
2		Sec. 5-6-3.6. First Time Weapon Offender Program.
3		(a) The General Assembly has sought to promote public
4		safety, reduce recidivism, and conserve valuable resources of
5		the criminal justice system through the creation of diversion
6		programs for non-violent offenders. This amendatory Act of the
7		100th General Assembly establishes a pilot program for
8		first-time, non-violent offenders charged with certain weapons
9		offenses. The General Assembly recognizes some persons,
10		particularly young adults in areas of high crime or poverty,
11		may have experienced trauma that contributes to poor decision
12		making skills, and the creation of a diversionary program poses
13		a greater benefit to the community and the person than
14		incarceration. Under this program, a court, with the consent of
15		the defendant and the State's Attorney, may sentence a
16		defendant charged with an unlawful use of weapons offense under
17		Section 24-1 of the Criminal Code of 2012 or aggravated
18		unlawful use of a weapon offense under Section 24-1.6 of the
19		Criminal Code of 2012, if punishable as a Class 4 felony or
20		lower, to a First Time Weapon Offender Program.
21		(b) A defendant is not eligible for this Program if:
22		(1) the offense was committed during the commission of
23		a violent offense as defined in subsection (h) of this
24		Section;
25		(2) he or she has previously been convicted or placed
26		on probation or conditional discharge for any violent

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1		offense under the laws of this State, the laws of any other
2		state, or the laws of the United States;
3		(3) he or she had a prior successful completion of the
4		First Time Weapon Offender Program under this Section;
5		(4) he or she has previously been adjudicated a
6		delinquent minor for the commission of a violent offense;
7		(5) he or she is 21 years of age or older; or
8		(6) he or she has an existing order of protection
9		issued against him or her.
10		(b-5) In considering whether a defendant shall be sentenced
11		to the First Time Weapon Offender Program, the court shall
12		consider the following:
13		(1) the age, immaturity, or limited mental capacity of
14		the defendant;
15		(2) the nature and circumstances of the offense;
16		(3) whether participation in the Program is in the
17		interest of the defendant's rehabilitation, including any
18		employment or involvement in community, educational,
19		training, or vocational programs;
20		(4) whether the defendant suffers from trauma, as
21		supported by documentation or evaluation by a licensed
22		professional; and
23		(5) the potential risk to public safety.
24		(c) For an offense committed on or after the effective date
25		of this amendatory Act of the 100th General Assembly and before
26		January 1, 2023, whenever an eligible person pleads guilty to

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1		an unlawful use of weapons offense under Section 24-1 of the
2		Criminal Code of 2012 or aggravated unlawful use of a weapon
3		offense under Section 24-1.6 of the Criminal Code of 2012,
4		which is punishable as a Class 4 felony or lower, the court,
5		with the consent of the defendant and the State's Attorney,
6		may, without entering a judgment, sentence the defendant to
7		complete the First Time Weapon Offender Program. When a
8		defendant is placed in the Program, the court shall defer
9		further proceedings in the case until the conclusion of the
10		period or until the filing of a petition alleging violation of
11		a term or condition of the Program. Upon violation of a term or
12		condition of the Program, the court may enter a judgment on its
13		original finding of guilt and proceed as otherwise provided by
14		law. Upon fulfillment of the terms and conditions of the
15		Program, the court shall discharge the person and dismiss the
16		proceedings against the person.
17		(d) The Program shall be at least 18 months and not to
18		exceed 24 months, as determined by the court at the
19		recommendation of the program administrator and the State's
20		Attorney.
21		(e) The conditions of the Program shall be that the
22		defendant:
23		(1) not violate any criminal statute of this State or
24		any other jurisdiction;
25		(2) refrain from possessing a firearm or other
26		dangerous weapon;

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1		(3) obtain or attempt to obtain employment;
2		(4) attend educational courses designed to prepare the
3		defendant for obtaining a high school diploma or to work
4		toward passing high school equivalency testing or to work
5		toward completing a vocational training program;
6		(5) refrain from having in his or her body the presence
7		of any illicit drug prohibited by the Methamphetamine
8		Control and Community Protection Act, the Cannabis Control
9		Act, or the Illinois Controlled Substances Act, unless
10		prescribed by a physician, and submit samples of his or her
11		blood or urine or both for tests to determine the presence
12		of any illicit drug;
13		(6) perform a minimum of 50 hours of community service;
14		(7) attend and participate in any Program activities
15		deemed required by the Program administrator, including
16		but not limited to: counseling sessions, in-person and over
17		the phone check-ins, and educational classes; and
18		(8) pay all fines, assessments, fees, and costs.
19		(f) The Program may, in addition to other conditions,
20		require that the defendant:
21		(1) wear an ankle bracelet with GPS tracking;
22		(2) undergo medical or psychiatric treatment, or
23		treatment or rehabilitation approved by the Department of
24		Human Services; and
25		(3) attend or reside in a facility established for the
26		instruction or residence of defendants on probation.

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1		(g) There may be only one discharge and dismissal under
2		this Section. If a person is convicted of any offense which
3		occurred within 5 years subsequent to a discharge and dismissal
4		under this Section, the discharge and dismissal under this
5		Section shall be admissible in the sentencing proceeding for
6		that conviction as evidence in aggravation.
7		(h) For purposes of this Section, "violent offense" means
8		any offense in which bodily harm was inflicted or force was
9		used against any person or threatened against any person; any
10		offense involving the possession of a firearm or dangerous
11		weapon; any offense involving sexual conduct, sexual
12		penetration, or sexual exploitation; violation of an order of
13		protection, stalking, hate crime, domestic battery, or any
14		offense of domestic violence.
15		(i) This Section is repealed on January 1, 2023.
16		(730 ILCS 5/5-8-8)
17		(Section scheduled to be repealed on December 31, 2020)
18		Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
19		(a) Creation. There is created under the jurisdiction of
20		the Governor the Illinois Sentencing Policy Advisory Council,
21		hereinafter referred to as the Council.
22		(b) Purposes and goals. The purpose of the Council is to
23		review sentencing policies and practices and examine how these
24		policies and practices impact the criminal justice system as a
25		whole in the State of Illinois. In carrying out its duties, the

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1		Council shall be mindful of and aim to achieve the purposes of
2		sentencing in Illinois, which are set out in Section 1-1-2 of
3		this Code:
4		(1) prescribe sanctions proportionate to the
5		seriousness of the offenses and permit the recognition of
6		differences in rehabilitation possibilities among
7		individual offenders;
8		(2) forbid and prevent the commission of offenses;
9		(3) prevent arbitrary or oppressive treatment of
10		persons adjudicated offenders or delinquents; and
11		(4) restore offenders to useful citizenship.
12		(c) Council composition.
13		(1) The Council shall consist of the following members:
14		(A) the President of the Senate, or his or her
15		designee;
16		(B) the Minority Leader of the Senate, or his or
17		her designee;
18		(C) the Speaker of the House, or his or her
19		designee;
20		(D) the Minority Leader of the House, or his or her
21		designee;
22		(E) the Governor, or his or her designee;
23		(F) the Attorney General, or his or her designee;
24		(G) two retired judges, who may have been circuit,
25		appellate, or supreme court judges; retired judges
26		shall be selected by the members of the Council

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1		designated in clauses (c)(1)(A) through (L);
2		(G-5) (blank);
3		(H) the Cook County State's Attorney, or his or her
4		designee;
5		(I) the Cook County Public Defender, or his or her
6		designee;
7		(J) a State's Attorney not from Cook County,
8		appointed by the State's Attorney's Appellate
9		Prosecutor;
10		(K) the State Appellate Defender, or his or her
11		designee;
12		(L) the Director of the Administrative Office of
13		the Illinois Courts, or his or her designee;
14		(M) a victim of a violent felony or a
15		representative of a crime victims' organization,
16		selected by the members of the Council designated in
17		clauses (c)(1)(A) through (L);
18		(N) a representative of a community-based
19		organization, selected by the members of the Council
20		designated in clauses (c)(1)(A) through (L);
21		(O) a criminal justice academic researcher, to be
22		selected by the members of the Council designated in
23		clauses (c)(1)(A) through (L);
24		(P) a representative of law enforcement from a unit
25		of local government to be selected by the members of
26		the Council designated in clauses (c)(1)(A) through

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1		(L);
2		(Q) a sheriff selected by the members of the
3		Council designated in clauses (c)(1)(A) through (L);
4		and
5		(R) ex-officio members shall include:
6		(i) the Director of Corrections, or his or her
7		designee;
8		(ii) the Chair of the Prisoner Review Board, or
9		his or her designee;
10		(iii) the Director of the Illinois State
11		Police, or his or her designee; and
12		(iv) the Director of the Illinois Criminal
13		Justice Information Authority, or his or her
14		designee.
15		(1.5) The Chair and Vice Chair shall be elected from
16		among its members by a majority of the members of the
17		Council.
18		(2) Members of the Council who serve because of their
19		public office or position, or those who are designated as
20		members by such officials, shall serve only as long as they
21		hold such office or position.
22		(3) Council members shall serve without compensation
23		but shall be reimbursed for travel and per diem expenses
24		incurred in their work for the Council.
25		(4) The Council may exercise any power, perform any
26		function, take any action, or do anything in furtherance of

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1		its purposes and goals upon the appointment of a quorum of
2		its members. The term of office of each member of the
3		Council ends on the date of repeal of this amendatory Act
4		of the 96th General Assembly.
5		(d) Duties. The Council shall perform, as resources permit,
6		duties including:
7		(1) Collect and analyze information including
8		sentencing data, crime trends, and existing correctional
9		resources to support legislative and executive action
10		affecting the use of correctional resources on the State
11		and local levels.
12		(2) Prepare criminal justice population projections
13		annually, including correctional and community-based
14		supervision populations.
15		(3) Analyze data relevant to proposed sentencing
16		legislation and its effect on current policies or
17		practices, and provide information to support
18		evidence-based sentencing.
19		(4) Ensure that adequate resources and facilities are
20		available for carrying out sentences imposed on offenders
21		and that rational priorities are established for the use of
22		those resources. To do so, the Council shall prepare
23		criminal justice resource statements, identifying the
24		fiscal and practical effects of proposed criminal
25		sentencing legislation, including, but not limited to, the
26		correctional population, court processes, and county or

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1		local government resources.
2		(4.5) Study and conduct a thorough analysis of
3		sentencing under Section 5-4.5-110 of this Code. The
4		Sentencing Policy Advisory Council shall provide annual
5		reports to the Governor and General Assembly, including the
6		total number of persons sentenced under Section 5-4.5-110
7		of this Code, the total number of departures from sentences
8		under Section 5-4.5-110 of this Code, and an analysis of
9		trends in sentencing and departures. On or before December
10		31, 2022, the Sentencing Policy Advisory Council shall
11		provide a report to the Governor and General Assembly on
12		the effectiveness of sentencing under Section 5-4.5-110 of
13		this Code, including recommendations on whether sentencing
14		under Section 5-4.5-110 of this Code should be adjusted or
15		continued.
16		(5) Perform such other studies or tasks pertaining to
17		sentencing policies as may be requested by the Governor or
18		the Illinois General Assembly.
19		(6) Perform such other functions as may be required by
20		law or as are necessary to carry out the purposes and goals
21		of the Council prescribed in subsection (b).
22		(7) Publish a report on the trends in sentencing for
23		offenders described in subsection (b-1) of Section 5-4-1 of
24		this Code, the impact of the trends on the prison and
25		probation populations, and any changes in the racial
26		composition of the prison and probation populations that

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1		can be attributed to the changes made by adding subsection
2		(b-1) of Section 5-4-1 to this Code by Public Act 99-861
3		this amendatory Act of the 99th General Assembly.
4		(e) Authority.
5		(1) The Council shall have the power to perform the
6		functions necessary to carry out its duties, purposes and
7		goals under this Act. In so doing, the Council shall
8		utilize information and analysis developed by the Illinois
9		Criminal Justice Information Authority, the Administrative
10		Office of the Illinois Courts, and the Illinois Department
11		of Corrections.
12		(2) Upon request from the Council, each executive
13		agency and department of State and local government shall
14		provide information and records to the Council in the
15		execution of its duties.
16		(f) Report. The Council shall report in writing annually to
17		the General Assembly, the Illinois Supreme Court, and the
18		Governor.
19		(g) This Section is repealed on December 31, 2020.
20		(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
21		99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
22		Section 95. No acceleration or delay. Where this Act makes
23		changes in a statute that is represented in this Act by text
24		that is not yet or no longer in effect (for example, a Section
25		represented by multiple versions), the use of that text does

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