Sen. Antonio Muņoz
Filed: 3/8/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1722




2 AMENDMENT NO. ______. Amend Senate Bill 1722 by replacing 
3everything after the enacting clause with the following:


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

5Neighborhoods Reform Act.

6 Section 5. The Criminal Identification Act is amended by 
7changing Section 2.1 as follows:



8 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)



9 Sec. 2.1. For the purpose of maintaining complete and 
10accurate
criminal records of the Department of State Police, it 
11is necessary for all
policing bodies of this State, the clerk 
12of the circuit court, the Illinois
Department of Corrections, 
13the sheriff of each county, and State's Attorney
of each county 
14to submit certain criminal arrest, charge, and disposition

15information to the Department for filing at the earliest time 
 
 
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1possible.
Unless otherwise noted herein, it shall be the duty 
2of all policing bodies
of this State, the clerk of the circuit 
3court, the Illinois Department of
Corrections, the sheriff of 
4each county, and the State's Attorney of each
county to report 
5such information as provided in this Section, both in the
form 
6and manner required by the Department and within 30 days of the

7criminal history event. Specifically:

8 (a) Arrest Information. All agencies making arrests for 
9offenses which
are required by statute to be collected, 
10maintained or disseminated by the
Department of State Police 
11shall be responsible
for furnishing daily to the Department 
12fingerprints, charges and
descriptions of all persons who are 
13arrested for such offenses. All such
agencies shall also notify 
14the Department of all decisions by the arresting
agency not to 
15refer
such arrests for prosecution. With approval of the 
16Department, an agency
making such arrests may enter into

17arrangements with other agencies for the purpose of furnishing 
18daily such
fingerprints, charges and descriptions to the 
19Department upon its behalf.

20 (b) Charge Information. The State's Attorney of each county 
21shall notify
the Department of all charges filed and all 
22petitions filed alleging that a
minor is delinquent, including 
23all those added subsequent
to the filing of a case, and whether 
24charges were not filed
in cases for which the Department has 
25received information
required to be reported pursuant to 
26paragraph (a) of this Section.
With approval of the Department, 
 
 
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1the State's Attorney may enter into
arrangements with other 
2agencies for the
purpose of furnishing the information required 
3by this subsection (b) to the
Department upon the State's 
4Attorney's behalf.

5 (c) Disposition Information. The clerk of the circuit court 
6of each county
shall furnish the Department, in the form and 
7manner required by the Supreme
Court, with all final 
8dispositions of cases for which the Department
has received 
9information required to be reported pursuant to paragraph (a)

10or (d) of this Section. Such information shall include, for 
11each charge,
all (1) judgments of not guilty, judgments of 
12guilty including the sentence
pronounced by the court with 
13statutory citations to the relevant sentencing provision,

14findings that a minor is delinquent
and any sentence made based 
15on those findings,
discharges and dismissals in the court; (2)

16reviewing court orders filed with the clerk of the circuit 
17court which
reverse or remand a reported conviction
or findings 
18that a minor is delinquent
or that vacate or modify a sentence

19or sentence made following a trial that a minor is
delinquent;

20(3)
continuances to a date certain in furtherance of an order 
21of supervision
granted under Section 5-6-1 of the Unified Code 
22of Corrections or an order
of probation granted under Section 
2310 of the Cannabis Control Act, Section
410 of the Illinois 
24Controlled Substances Act, Section 70 of the Methamphetamine 
25Control and Community Protection Act, Section 12-4.3 or 
26subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of 
 
 
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11961 or the Criminal Code of 2012, Section 10-102 of the 
2Illinois Alcoholism and
Other Drug Dependency Act, Section 
340-10 of the Alcoholism and Other Drug
Abuse and Dependency 
4Act, Section 10 of the Steroid Control Act, or
Section 5-615 of 
5the Juvenile Court Act of 1987; and
(4) judgments or court 
6orders terminating or revoking a sentence
to or juvenile 
7disposition of probation, supervision or conditional
discharge 
8and any resentencing
or new court orders entered by a juvenile 
9court relating to the disposition
of a minor's case involving 
10delinquency
after such revocation.

11 (d) Fingerprints After Sentencing.


12  (1) After the court pronounces sentence,
sentences a 
13 minor following a trial in which a minor was found to be

14 delinquent
or issues an order of supervision or an order of 
15 probation granted under
Section 10 of the Cannabis Control 
16 Act, Section 410 of the Illinois
Controlled Substances Act, 
17 Section 70 of the Methamphetamine Control and Community 
18 Protection Act, Section 12-4.3 or subdivision (b)(1) of 
19 Section 12-3.05 of the Criminal Code of
1961 or the 
20 Criminal Code of 2012, Section 10-102 of the Illinois 
21 Alcoholism and Other Drug Dependency
Act, Section 40-10 of 
22 the Alcoholism and Other Drug Abuse and Dependency
Act, 
23 Section 10 of the Steroid Control Act, or Section
5-615 of

24 the Juvenile Court Act of 1987 for any offense which
is 
25 required by statute to be collected,
maintained, or 
26 disseminated by the Department of State Police, the State's

 
 
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1 Attorney of each county shall ask the court to order a law 
2 enforcement
agency to fingerprint immediately all persons 
3 appearing before the court
who have not previously been 
4 fingerprinted for the same case. The court
shall so order 
5 the requested fingerprinting, if it determines that any 
6 such
person has not previously been fingerprinted for the 
7 same case. The law
enforcement agency shall submit such 
8 fingerprints to the Department daily.


9  (2) After the court pronounces sentence or makes a 
10 disposition of a case
following a finding of delinquency 
11 for any offense which is not
required by statute to be 
12 collected, maintained, or disseminated by the
Department 
13 of State Police, the prosecuting attorney may ask the court 
14 to
order a law enforcement agency to fingerprint 
15 immediately all persons
appearing before the court who have 
16 not previously been fingerprinted for
the same case. The 
17 court may so order the requested fingerprinting, if it

18 determines that any so sentenced person has not previously 
19 been
fingerprinted for the same case. The law enforcement 
20 agency may retain
such fingerprints in its files.

21 (e) Corrections Information. The Illinois Department of 
22Corrections and
the sheriff of each county shall furnish the 
23Department with all information
concerning the receipt, 
24escape, execution, death, release, pardon, parole,
commutation 
25of sentence, granting of executive clemency or discharge of
an 
26individual who has been sentenced or committed to the agency's 
 
 
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1custody
for any offenses
which are mandated by statute to be 
2collected, maintained or disseminated
by the Department of 
3State Police. For an individual who has been charged
with any 
4such offense and who escapes from custody or dies while in

5custody, all information concerning the receipt and escape or 
6death,
whichever is appropriate, shall also be so furnished to 
7the Department.

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


9 Section 15. The Criminal Code of 2012 is amended by 
10changing Sections 19-1, 24-1.1, and 24-1.6 as follows:




11 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)



12 Sec. 19-1. Burglary. 

13 (a) A person commits burglary when without authority he or 
14she knowingly enters
or without authority remains within a 
15building, housetrailer, watercraft,
aircraft, motor vehicle, 
16railroad
car, or any part thereof, with intent to commit 
17therein a felony or theft.
This offense shall not include the 
18offenses set out in Section 4-102 of the
Illinois Vehicle Code.

19 (b) Sentence.

20 Burglary committed in, and without causing damage to, a 
21watercraft, aircraft, motor vehicle, railroad car, or any part 
22thereof is a Class 3 felony. Burglary committed in a building, 
23housetrailer, or any part thereof or while causing damage to a 
24watercraft, aircraft, motor vehicle, railroad car, or any part 
 
 
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1thereof is a Class 2 felony. A burglary committed in a school, 
2day care center, day care home, group day care home, or part 
3day child care facility, or place of
worship is a
Class 1 
4felony, except that this provision does not apply to a day care 
5center, day care home, group day care home, or part day child 
6care facility operated in a private residence used as a 
7dwelling.

8 (c) Regarding penalties prescribed in subsection
(b) for 
9violations committed in a day care center, day care home, group 
10day care home, or part day child care facility, the time of 
11day, time of year, and whether children under 18 years of age 
12were present in the day care center, day care home, group day 
13care home, or part day child care facility are irrelevant. 
14(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)





15 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


16 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 
17Felons or
Persons in the Custody of the
Department of 
18Corrections Facilities.
19 (a) It is unlawful
for a person to knowingly possess on or 
20about his person or on his land or
in his own abode or fixed 
21place of business any weapon prohibited under
Section 24-1 of 
22this Act or any firearm or any firearm ammunition if the
person 
23has been convicted of a felony under the laws of this State or 
24any
other jurisdiction. This Section shall not apply if the 
25person has been
granted relief by the Director of the 
 
 
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1Department of State Police
under Section 10 of the Firearm 
2Owners Identification
Card Act.

3 (b) It is unlawful for any person confined in a penal 
4institution,
which is a facility of the Illinois Department of 
5Corrections, to possess
any weapon prohibited under Section 
624-1 of this Code or any firearm or
firearm ammunition, 
7regardless of the intent with which he possesses it.

8 (c) It shall be an affirmative defense to a violation of 
9subsection (b), that such possession was specifically 
10authorized by rule,
regulation, or directive of the Illinois 
11Department of Corrections or order
issued pursuant thereto.

12 (d) The defense of necessity is not available to a person 
13who is charged
with a violation of subsection (b) of this 
14Section.

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

7Violation of this Section by a person who is on parole or 
8mandatory supervised
release is a Class 2 felony for which the 
9person shall be sentenced to not less than 3 years and not more 
10than 14
years, except as provided for in Section 5-4.5-110 of 
11the Unified Code of Corrections. Violation of this Section by a 
12person not confined in a penal
institution is a Class X felony 
13when the firearm possessed is a machine gun.
Any person who 
14violates this Section while confined in a penal
institution, 
15which is a facility of the Illinois Department of
Corrections, 
16is guilty of a Class 1
felony, if he possesses any weapon 
17prohibited under Section 24-1 of this
Code regardless of the 
18intent with which he possesses it, a Class X
felony if he 
19possesses any firearm, firearm ammunition or explosive, and a

20Class X felony for which the offender shall be sentenced to not 
21less than 12
years and not more than 50 years when the firearm 
22possessed is a machine
gun. A violation of this Section while 
23wearing or in possession of body armor as defined in Section 
2433F-1 is a Class X felony punishable by a term of imprisonment 
25of not less than 10 years and not more than 40 years.
The 
26possession of each firearm or firearm ammunition in violation 
 
 
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1of this Section constitutes a single and separate violation.

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


3 (720 ILCS 5/24-1.6)
4 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
5 (a) A person commits the offense of aggravated unlawful use 
6of a weapon when
he or she knowingly:
7  (1) Carries on or about his or her person or in any 
8 vehicle or concealed
on or about his or her person except 
9 when on his or her land or in his or her
abode, legal 
10 dwelling, or fixed place of business, or on the land or in 
11 the legal dwelling of another person as an invitee with 
12 that person's permission, any pistol, revolver, stun gun or 
13 taser or
other firearm; or
14  (2) Carries or possesses on or about his or her person, 
15 upon any public
street, alley, or other public lands within 
16 the corporate limits of a city,
village or incorporated 
17 town, except when an invitee thereon or therein, for
the 
18 purpose of the display of such weapon or the lawful 
19 commerce in weapons, or
except when on his or her own land 
20 or in his or her own abode, legal dwelling, or fixed place 
21 of
business, or on the land or in the legal dwelling of 
22 another person as an invitee with that person's permission, 
23 any pistol, revolver, stun gun or taser or other firearm; 
24 and
25  (3) One of the following factors is present:
 
 
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1   (A) the firearm, other than a pistol, revolver, or 
2 handgun, possessed was uncased, loaded, and 
3 immediately accessible
at the time of the offense; or
4   (A-5) the pistol, revolver, or handgun possessed 
5 was uncased, loaded, and immediately accessible
at the 
6 time of the offense and the person possessing the 
7 pistol, revolver, or handgun has not been issued a 
8 currently valid license under the Firearm Concealed 
9 Carry Act; or 
10   (B) the firearm, other than a pistol, revolver, or 
11 handgun, possessed was uncased, unloaded, and the 
12 ammunition for
the weapon was immediately accessible 
13 at the time of the offense; or
14   (B-5) the pistol, revolver, or handgun possessed 
15 was uncased, unloaded, and the ammunition for
the 
16 weapon was immediately accessible at the time of the 
17 offense and the person possessing the pistol, 
18 revolver, or handgun has not been issued a currently 
19 valid license under the Firearm Concealed Carry Act; or 
20   (C) the person possessing the firearm has not been 
21 issued a currently
valid Firearm Owner's 
22 Identification Card; or
23   (D) the person possessing the weapon was 
24 previously adjudicated
a delinquent minor under the 
25 Juvenile Court Act of 1987 for an act that if
committed 
26 by an adult would be a felony; or
 
 
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1   (E) the person possessing the weapon was engaged in 
2 a misdemeanor
violation of the Cannabis
Control Act, in 
3 a misdemeanor violation of the Illinois Controlled 
4 Substances
Act, or in a misdemeanor violation of the 
5 Methamphetamine Control and Community Protection Act; 
6 or
7   (F) (blank); or
8   (G) the person possessing the weapon had an a order 
9 of protection issued
against him or her within the 
10 previous 2 years; or
11   (H) the person possessing the weapon was engaged in 
12 the commission or
attempted commission of
a 
13 misdemeanor involving the use or threat of violence 
14 against
the person or property of another; or
15   (I) the person possessing the weapon was under 21 
16 years of age and in
possession of a handgun, unless the 
17 person under 21
is engaged in lawful activities under 
18 the Wildlife Code or described in
subsection 
19 24-2(b)(1), (b)(3), or 24-2(f).
20 (a-5) "Handgun" as used in this Section has the meaning 
21given to it in Section 5 of the Firearm Concealed Carry Act. 
22 (b) "Stun gun or taser" as used in this Section has the 
23same definition
given to it in Section 24-1 of this Code.
24 (c) This Section does not apply to or affect the 
25transportation or
possession
of weapons that:
26  (i) are broken down in a non-functioning state; or
 
 
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1  (ii) are not immediately accessible; or
2  (iii) are unloaded and enclosed in a case, firearm 
3 carrying box,
shipping box, or other container by a person 
4 who has been issued a currently
valid Firearm Owner's

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

9 (e) The possession of each firearm in violation of this 
10Section constitutes a single and separate violation.
11(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

12 Section 20. The Cannabis Control Act is amended by changing 
13Sections 5.2 and 10 as follows:




14 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)



15 Sec. 5.2. Delivery of cannabis on school grounds. 

16 (a) Any person who violates subsection (e) of Section 5 in 
17any school,
on the real property comprising any school, or any 
18conveyance owned, leased
or contracted by a school to transport 
19students to or from school or a
school related activity, or on 
20any public way within
500 1,000 feet of the real property 
21comprising any school, or in any conveyance
owned, leased or 
22contracted by a school to transport students to or from
school 
23or a school related activity, and at the time of the violation 
24persons under the age of 18 are present, the offense is 
 
 
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1committed during school hours, or the offense is committed at 
2times when persons under the age of 18 are reasonably expected 
3to be present in the school, in the conveyance, on the real 
4property, or on the public way, such as when after-school 
5activities are occurring, is guilty of a Class
1 felony, the 
6fine for which shall not exceed $200,000;

7 (b) Any person who violates subsection (d) of Section 5 in 
8any school,
on the real property comprising any school, or any 
9conveyance owned, leased
or contracted by a school to transport 
10students to or from school or a
school related activity, or on 
11any public way within 500 1,000 feet of the real
property 
12comprising any school, or in any conveyance owned, leased or

13contracted by a school to transport students to or from school 
14or a school
related activity, and at the time of the violation 
15persons under the age of 18 are present, the offense is 
16committed during school hours, or the offense is committed at 
17times when persons under the age of 18 are reasonably expected 
18to be present in the school, in the conveyance, on the real 
19property, or on the public way, such as when after-school 
20activities are occurring, is guilty of a Class 2 felony, the 
21fine for which shall
not exceed $100,000;

22 (c) Any person who violates subsection (c) of Section 5 in 
23any school,
on the real property comprising any school, or any 
24conveyance owned, leased
or contracted by a school to transport 
25students to or from school or a
school related activity, or on 
26any public way within 500 1,000 feet of the real
property 
 
 
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1comprising any school, or in any conveyance owned, leased or

2contracted by a school to transport students to or from school 
3or a school
related activity, and at the time of the violation 
4persons under the age of 18 are present, the offense is 
5committed during school hours, or the offense is committed at 
6times when persons under the age of 18 are reasonably expected 
7to be present in the school, in the conveyance, on the real 
8property, or on the public way, such as when after-school 
9activities are occurring, is guilty of a Class 3 felony, the 
10fine for which shall
not exceed $50,000;

11 (d) Any person who violates subsection (b) of Section 5 in 
12any school,
on the real property comprising any school, or any 
13conveyance owned, leased
or contracted by a school to transport 
14students to or from school or a
school related activity, or on 
15any public way within 500 1,000 feet of the real
property 
16comprising any school, or in any conveyance owned, leased or

17contracted by a school to transport students to or from school 
18or a school
related activity, and at the time of the violation 
19persons under the age of 18 are present, the offense is 
20committed during school hours, or the offense is committed at 
21times when persons under the age of 18 are reasonably expected 
22to be present in the school, in the conveyance, on the real 
23property, or on the public way, such as when after-school 
24activities are occurring, is guilty of a Class 4 felony, the 
25fine for which shall
not exceed $25,000;

26 (e) Any person who violates subsection (a) of Section 5 in 
 
 
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1any school,
on the real property comprising any school, or in 
2any conveyance owned, leased
or contracted by a school to 
3transport students to or from school or a
school related 
4activity, on any public way within 500 1,000 feet of the real

5property comprising any school, or any conveyance owned, leased 
6or
contracted by a school to transport students to or from 
7school or a school
related activity, and at the time of the 
8violation persons under the age of 18 are present, the offense 
9is committed during school hours, or the offense is committed 
10at times when persons under the age of 18 are reasonably 
11expected to be present in the school, in the conveyance, on the 
12real property, or on the public way, such as when after-school 
13activities are occurring, is guilty of a Class A misdemeanor.

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





15 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)



16 Sec. 10. (a)
Whenever any person who has not previously 
17been convicted of, or placed
on probation or court supervision 
18for, any felony offense under this Act or any
law of the United 
19States or of any State relating to cannabis, or controlled

20substances as defined in the Illinois Controlled Substances 
21Act, pleads
guilty to or is found guilty of violating Sections 
224(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court 
23may, without entering a
judgment and with the consent of such 
24person, sentence him to probation.

25 (b) When a person is placed on probation, the court shall 
 
 
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1enter an order
specifying a period of probation of 24 months, 
2and shall defer further
proceedings in
the case until the 
3conclusion of the period or until the filing of a petition

4alleging violation of a term or condition of probation.

5 (c) The conditions of probation shall be that the person: 
6(1) not violate
any criminal statute of any jurisdiction; (2) 
7refrain from possession of a
firearm
or other dangerous weapon; 
8(3) submit to periodic drug testing at a time and in
a manner 
9as ordered by the court, but no less than 3 times during the 
10period of
the probation, with the cost of the testing to be 
11paid by the probationer; and
(4) perform no less than 30 hours 
12of community service, provided community
service is available 
13in the jurisdiction and is funded and approved by the
county 
14board.

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

16that the person:

17  (1) make a report to and appear in person before or 
18 participate with the
court or such courts, person, or 
19 social service agency as directed by the
court in the order 
20 of probation;

21  (2) pay a fine and costs;

22  (3) work or pursue a course of study or vocational 
23 training;

24  (4) undergo medical or psychiatric treatment; or 
25 treatment for drug
addiction or alcoholism;

26  (5) attend or reside in a facility established for the 
 
 
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1 instruction or
residence of defendants on probation;

2  (6) support his dependents;

3  (7) refrain from possessing a firearm or other 
4 dangerous weapon;

5  (7-5) refrain from having in his or her body the 
6 presence of any illicit
drug prohibited by the Cannabis 
7 Control Act, the Illinois Controlled
Substances Act, or the 
8 Methamphetamine Control and Community Protection Act, 
9 unless prescribed by a physician, and submit samples of
his 
10 or her blood or urine or both for tests to determine the 
11 presence of any
illicit drug;

12  (8) and in addition, if a minor:

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

14   (ii) attend school;

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

16   (iv) contribute to his own support at home or in a 
17 foster home.

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

19court
may enter a judgment on its original finding of guilt and 
20proceed as otherwise
provided.

21 (f) Upon fulfillment of the terms and
conditions of 
22probation, the court shall discharge such person and dismiss

23the proceedings against him.

24 (g) A disposition of probation is considered to be a 
25conviction
for the purposes of imposing the conditions of 
26probation and for appeal,
however, discharge and dismissal 
 
 
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1under this Section is not a conviction for
purposes of 
2disqualification or disabilities imposed by law upon 
3conviction of
a crime (including the additional penalty imposed 
4for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) 
5of this Act).

6 (h) A person may not have more than one discharge Discharge 
7and dismissal under this Section within a 4-year period ,

8Section 410 of the Illinois Controlled Substances Act, Section 
970 of the Methamphetamine Control and Community Protection Act, 
10Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, 
11or subsection (c) of Section 11-14 of the Criminal Code of 1961 
12or the Criminal Code of 2012 may occur only once
with respect 
13to any person.

14 (i) If a person is convicted of an offense under this Act, 
15the Illinois
Controlled Substances Act, or the Methamphetamine 
16Control and Community Protection Act within 5 years
subsequent 
17to a discharge and dismissal under this Section, the discharge 
18and
dismissal under this Section shall be admissible in the 
19sentencing proceeding
for that conviction
as a factor in 
20aggravation.

21 (j) Notwithstanding subsection (a), before a person is 
22sentenced to probation under this Section, the court may refer 
23the person to the drug court established in that judicial 
24circuit pursuant to Section 15 of the Drug Court Treatment Act. 
25The drug court team shall evaluate the person's likelihood of 
26successfully completing a sentence of probation under this 
 
 
10000SB1722sam002- 21 -LRB100 11347 RLC 23204 a


1Section and shall report the results of its evaluation to the 
2court. If the drug court team finds that the person suffers 
3from a substance abuse problem that makes him or her 
4substantially unlikely to successfully complete a sentence of 
5probation under this Section, then the drug court shall set 
6forth its findings in the form of a written order, and the 
7person shall not be sentenced to probation under this Section, 
8but 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 25. The Illinois Controlled Substances Act is 
11amended by changing Sections 401, 402, 407, and 410 as follows:



12 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)


13 Sec. 401. Manufacture or delivery, or possession with 
14intent to
manufacture or deliver, a controlled substance, a 
15counterfeit substance, or controlled substance analog. Except 
16as authorized by this Act, it is unlawful for any
person 
17knowingly to manufacture or deliver, or possess with intent to

18manufacture or deliver, a controlled substance other than 
19methamphetamine and other than bath salts as defined in the 
20Bath Salts Prohibition Act sold or offered for sale in a retail 
21mercantile establishment as defined in Section 16-0.1 of the 
22Criminal Code of 2012, a counterfeit substance, or a controlled

23substance analog. A violation of this Act with respect to each 
24of the controlled
substances listed herein constitutes a single 
 
 
10000SB1722sam002- 22 -LRB100 11347 RLC 23204 a


1and separate violation of this
Act. For purposes of this 
2Section, "controlled substance analog" or "analog"
means a 
3substance, other than a controlled substance, that has a 
4chemical structure substantially similar to that of a 
5controlled
substance in Schedule I or II, or that was 
6specifically designed to produce
an effect substantially 
7similar to that of a controlled substance in Schedule
I or II. 
8Examples of chemical classes in which controlled substance 
9analogs
are found include, but are not limited to, the 
10following: phenethylamines,
N-substituted piperidines, 
11morphinans, ecgonines, quinazolinones, substituted
indoles, 
12and arylcycloalkylamines. For purposes of this Act, a 
13controlled
substance analog shall be treated in the same manner 
14as the controlled
substance to which it is substantially 
15similar.

16 (a) Any person who violates this Section with respect to 
17the following
amounts of controlled or counterfeit substances 
18or controlled substance
analogs, notwithstanding any of the 
19provisions of subsections (c),
(d), (e), (f), (g) or (h) to the 
20contrary, is guilty of a Class X felony
and shall be sentenced 
21to a term of imprisonment as provided in this subsection
(a) 
22and fined as provided in subsection (b):

23  (1) (A) not less than 6 years and not more than 30 
24 years with respect
to 15 grams or more but less than 
25 400 100 grams of a substance containing
heroin, or an 
26 analog thereof;

 
 
10000SB1722sam002- 23 -LRB100 11347 RLC 23204 a


1   (B) not less than 6 9 years and not more than 40 
2 years with respect to 400 100
grams or more but less 
3 than 900 400 grams of a substance containing heroin, or

4 an analog thereof;

5   (C) not less than 6 12 years and not more than 50 
6 years with respect to 900
400 grams or more but less 
7 than 900 grams of a substance containing heroin,
or an 
8 analog thereof;

9   (D) (blank); not less than 15 years and not more 
10 than 60 years with respect to
900 grams or more of any 
11 substance containing heroin, or an analog thereof;

12  (1.5) (A) not less than 6 years and not more than 30 
13 years with respect to 15 grams or more but less than 
14 400 100 grams of a substance containing fentanyl, or an 
15 analog thereof;
16   (B) not less than 6 9 years and not more than 40 
17 years with respect to 400 100 grams or more but less 
18 than 900 400 grams of a substance containing fentanyl, 
19 or an analog thereof;
20   (C) not less than 6 12 years and not more than 50 
21 years with respect to 900 400 grams or more but less 
22 than 900 grams of a substance containing fentanyl, or 
23 an analog thereof;
24   (D) (blank); not less than 15 years and not more 
25 than 60 years with respect to 900 grams or more of a 
26 substance containing fentanyl, or an analog thereof;
 
 
10000SB1722sam002- 24 -LRB100 11347 RLC 23204 a


1  (2) (A) not less than 6 years and not more than 30 
2 years with respect
to 15 grams or more but less than 
3 400 100 grams of a substance containing
cocaine, or an 
4 analog thereof;

5   (B) not less than 6 9 years and not more than 40 
6 years with respect to 400 100
grams or more but less 
7 than 900 400 grams of a substance containing cocaine, 
8 or
an analog thereof;

9   (C) not less than 6 12 years and not more than 50 
10 years with respect to
900 400 grams or more but less 
11 than 900 grams of a substance containing cocaine,
or an 
12 analog thereof;

13   (D) (blank); not less than 15 years and not more 
14 than 60 years with respect to
900 grams or more of any 
15 substance containing cocaine, or an analog thereof;

16  (3) (A) not less than 6 years and not more than 30 
17 years with respect
to 15 grams or more but less than 
18 400 100 grams of a substance containing
morphine, or an 
19 analog thereof;

20   (B) not less than 6 9 years and not more than 40 
21 years with respect to
400 100 grams or more but less 
22 than 900 400 grams of a substance containing morphine,

23 or an analog thereof;

24   (C) not less than 6 12 years and not more than 50 
25 years with respect to 900
400 grams or more but less 
26 than 900 grams of a substance containing
morphine, or 
 
 
10000SB1722sam002- 25 -LRB100 11347 RLC 23204 a


1 an analog thereof;

2   (D) (blank); not less than 15 years and not more 
3 than 60 years with respect to
900 grams or more of a 
4 substance containing morphine, or an analog thereof;

5  (4) 200 grams or more of any substance containing 
6 peyote, or an
analog thereof;

7  (5) 200 grams or more of any substance containing a 
8 derivative of
barbituric acid or any of the salts of a 
9 derivative of barbituric acid, or
an analog thereof;

10  (6) 200 grams or more of any substance containing 
11 amphetamine
or any salt of an optical isomer of 
12 amphetamine,
or an analog thereof;

13  (6.5) (blank);

14  (6.6) (blank);

15  (7) (A) not less than 6 years and not more than 30 
16 years with respect
to: (i) 15 grams or more but less 
17 than 400 100 grams of a substance containing
lysergic 
18 acid diethylamide (LSD), or an analog thereof, or (ii) 
19 15 or
more objects or 15 or more segregated parts of an 
20 object or objects but
less than 800 200 objects or 800 
21 200 segregated parts of an object or objects
containing 
22 in them or having upon them any amounts of any 
23 substance
containing lysergic acid diethylamide (LSD), 
24 or an analog thereof;

25   (B) not less than 6 9 years and not more than 40 
26 years with respect
to: (i) 400 100 grams or more but 
 
 
10000SB1722sam002- 26 -LRB100 11347 RLC 23204 a


1 less than 900 400 grams of a substance containing

2 lysergic acid diethylamide (LSD), or an analog 
3 thereof, or (ii) 800 200 or more
objects or 800 200 or 
4 more segregated parts of an object or objects but less

5 than 2400 600 objects or less than 2400 600 segregated 
6 parts of an object or objects
containing in them or 
7 having upon them any amount of any substance
containing 
8 lysergic acid diethylamide (LSD), or an analog 
9 thereof;

10   (C) not less than 6 12 years and not more than 50 
11 years with respect
to: (i) 900 400 grams or more but 
12 less than 900 grams of a substance containing
lysergic 
13 acid diethylamide (LSD), or an analog thereof, or (ii) 
14 2400 600 or more
objects or 2400 600 or more segregated 
15 parts of an object or objects but less
than 1500 
16 objects or 1500 segregated parts of an object or 
17 objects
containing in them or having upon them any 
18 amount of any substance
containing lysergic acid 
19 diethylamide (LSD), or an analog thereof;

20   (D) (blank); not less than 15 years and not more 
21 than 60 years with respect
to: (i) 900 grams or more of 
22 any substance containing lysergic acid
diethylamide 
23 (LSD), or an analog thereof, or (ii) 1500 or more 
24 objects or
1500 or more segregated parts of an object 
25 or objects containing in them or
having upon them any 
26 amount of a substance containing lysergic acid

 
 
10000SB1722sam002- 27 -LRB100 11347 RLC 23204 a


1 diethylamide (LSD), or an analog thereof;

2  (7.5) (A) not less than 6 years and not more than 30 
3 years with respect
to:
(i) 15
grams or more but less 
4 than 400 100 grams of a substance listed in paragraph 
5 (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), 
6 (20.1), (21), (25), or (26) of subsection
(d) of 
7 Section 204, or an analog or derivative thereof, or 
8 (ii) 15 or more
pills, tablets, caplets, capsules, or 
9 objects but less than 800 200 pills, tablets,
caplets, 
10 capsules, or objects containing in them or having upon 
11 them any
amounts of any substance listed in paragraph 
12 (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), 
13 (20.1), (21), (25), or (26) of subsection (d) of 
14 Section 204, or
an analog or derivative thereof;

15   (B) not less than 6 9 years and not more than 40 
16 years with respect to:
(i) 400 100 grams or more but 
17 less than 900 400 grams of a substance listed in

18 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), 
19 (20),
(20.1), (21), (25), or (26) of subsection (d) of 
20 Section 204, or an analog or
derivative thereof, or 
21 (ii) 800 200 or more pills, tablets, caplets, capsules, 
22 or
objects but less than 2400 600 pills, tablets, 
23 caplets, capsules, or objects
containing in them or 
24 having upon them any amount of any substance listed in

25 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), 
26 (20), (20.1), (21), (25), or (26)
of subsection (d) of 
 
 
10000SB1722sam002- 28 -LRB100 11347 RLC 23204 a


1 Section 204, or an analog or derivative thereof;

2   (C) not less than 6 12 years and not more than 50 
3 years with respect to:
(i) 900 400 grams or more but 
4 less than 900 grams of a substance listed in
paragraph 
5 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
6 (20.1), (21), (25), or (26)
of subsection (d) of 
7 Section 204, or an analog or derivative thereof,
or 
8 (ii) 2400 600 or more pills, tablets, caplets, 
9 capsules, or objects but less than
1,500 pills, 
10 tablets, caplets, capsules, or objects
containing in 
11 them or having upon them any amount of any substance 
12 listed in
paragraph (1), (2), (2.1), (2.2), (3), 
13 (14.1), (19), (20), (20.1), (21), (25), or (26)
of 
14 subsection (d) of Section 204, or an analog or 
15 derivative thereof;

16   (D) (blank); not less than 15 years and not more 
17 than 60 years with respect to:
(i) 900 grams or more of 
18 any substance listed in paragraph (1), (2), (2.1),

19 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or 
20 (26) of subsection (d) of
Section 204, or an analog or 
21 derivative thereof, or (ii) 1,500 or more pills,

22 tablets, caplets, capsules, or objects containing in 
23 them or having upon them
any amount
of a substance 
24 listed in paragraph (1), (2), (2.1), (2.2), (3), 
25 (14.1), (19),
(20), (20.1), (21), (25), or (26)
of 
26 subsection (d) of Section 204, or an analog or 
 
 
10000SB1722sam002- 29 -LRB100 11347 RLC 23204 a


1 derivative thereof;

2  (8) 30 grams or more of any substance containing 
3 pentazocine or any of
the salts, isomers and salts of 
4 isomers of pentazocine, or an analog thereof;

5  (9) 30 grams or more of any substance containing 
6 methaqualone or any of
the salts, isomers and salts of 
7 isomers of methaqualone, or an analog thereof;

8  (10) 30 grams or more of any substance containing 
9 phencyclidine or any
of the salts, isomers and salts of 
10 isomers of phencyclidine (PCP),
or an analog thereof;

11  (10.5) 30 grams or more of any substance containing 
12 ketamine
or any of the salts, isomers and salts of isomers 
13 of ketamine,
or an analog thereof;

14  (10.6) 100 grams or more of any substance containing 
15 hydrocodone, or any of the salts, isomers and salts of 
16 isomers of hydrocodone, or an analog thereof;
17  (10.7) 100 grams or more of any substance containing 
18 dihydrocodeinone, or any of the salts, isomers and salts of 
19 isomers of dihydrocodeinone, or an analog thereof;
20  (10.8) 100 grams or more of any substance containing 
21 dihydrocodeine, or any of the salts, isomers and salts of 
22 isomers of dihydrocodeine, or an analog thereof;
23  (10.9) 100 grams or more of any substance containing 
24 oxycodone, or any of the salts, isomers and salts of 
25 isomers of oxycodone, or an analog thereof;
26  (11) 200 grams or more of any substance containing any 
 
 
10000SB1722sam002- 30 -LRB100 11347 RLC 23204 a


1 other controlled
substance classified in Schedules I or II, 
2 or an analog thereof, which is
not otherwise included in 
3 this subsection.

4 (b) Any person sentenced with respect to violations of 
5paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
6involving
100 grams or
more of the
controlled substance named 
7therein, may in addition to the penalties
provided therein, be 
8fined an amount not more than $500,000 or the full
street value 
9of the controlled or counterfeit substance or controlled 
10substance
analog, whichever is greater. The term "street value" 
11shall have the
meaning ascribed in Section 110-5 of the Code of 
12Criminal Procedure of
1963. Any person sentenced with respect 
13to any other provision of
subsection (a), may in addition to 
14the penalties provided therein, be fined
an amount not to 
15exceed $500,000.
16 (b-1) Excluding violations of this Act when the controlled 
17substance is fentanyl, any person sentenced to a term of 
18imprisonment with respect to violations of Section 401, 401.1, 
19405, 405.1, 405.2, or 407, when the substance containing the 
20controlled substance contains any amount of fentanyl, 3 years 
21shall be added to the term of imprisonment imposed by the 
22court, and the maximum sentence for the offense shall be 
23increased by 3 years.

24 (c) Any person who violates this Section with regard to the

25following amounts of controlled or counterfeit substances
or 
26controlled substance analogs, notwithstanding any of the 
 
 
10000SB1722sam002- 31 -LRB100 11347 RLC 23204 a


1provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) 
2to the
contrary, is guilty of a Class 1 felony. The fine for 
3violation of this
subsection (c) shall not be more than 
4$250,000:

5  (1) 1 gram or more but less than 15 grams of any

6 substance containing heroin, or an analog thereof;

7  (1.5) 1 gram or more but less than 15 grams of any 
8 substance containing fentanyl, or an analog thereof;
9  (2) 1 gram or more but less than 15
grams of any 
10 substance containing cocaine, or an analog thereof;

11  (3) 10 grams or more but less than 15 grams of any 
12 substance
containing morphine, or an analog thereof;

13  (4) 50 grams or more but less than 200 grams of any 
14 substance
containing peyote, or an analog thereof;

15  (5) 50 grams or more but less than 200 grams of any 
16 substance
containing a derivative of barbituric acid or any 
17 of the salts of a
derivative of barbituric acid, or an 
18 analog thereof;

19  (6) 50 grams or more but less than 200 grams of any 
20 substance
containing amphetamine or any salt of an optical 
21 isomer
of amphetamine, or an analog thereof;

22  (6.5) (blank);

23  (7) (i) 5 grams or more but less than 15 grams of any 
24 substance
containing lysergic acid diethylamide (LSD), or 
25 an analog thereof,
or (ii)
more than 10 objects or more 
26 than 10 segregated parts of an object or objects
but less 
 
 
10000SB1722sam002- 32 -LRB100 11347 RLC 23204 a


1 than 15 objects or less than 15 segregated parts of an 
2 object
containing in them or having upon them any amount of 
3 any substance
containing lysergic acid diethylamide (LSD), 
4 or an analog thereof;

5  (7.5) (i) 5 grams or more but less than 15 grams of any 
6 substance listed
in paragraph (1), (2), (2.1), (2.2), (3), 
7 (14.1), (19), (20), (20.1), (21), (25), or
(26) of 
8 subsection (d) of Section 204, or an analog or derivative 
9 thereof, or
(ii) more than 10 pills, tablets, caplets, 
10 capsules, or objects but less than
15 pills, tablets, 
11 caplets, capsules, or objects containing in them or having

12 upon them any amount of any substance listed in paragraph 
13 (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), 
14 (21), (25), or (26) of subsection (d) of
Section 204, or an 
15 analog or derivative thereof;

16  (8) 10 grams or more but less than 30 grams of any 
17 substance
containing pentazocine or any of the salts, 
18 isomers and salts of isomers of
pentazocine, or an analog 
19 thereof;

20  (9) 10 grams or more but less than 30 grams of any 
21 substance
containing methaqualone or any of the salts, 
22 isomers and salts of isomers
of methaqualone, or an analog 
23 thereof;

24  (10) 10 grams or more but less than 30 grams of any 
25 substance
containing phencyclidine or any of the salts, 
26 isomers and salts of isomers
of phencyclidine (PCP), or an 
 
 
10000SB1722sam002- 33 -LRB100 11347 RLC 23204 a


1 analog thereof;

2  (10.5) 10 grams or more but less than 30 grams of any 
3 substance
containing ketamine or any of the salts, isomers 
4 and salts of
isomers of ketamine, or an analog thereof;

5  (10.6) 50 grams or more but less than 100 grams of any 
6 substance containing hydrocodone, or any of the salts, 
7 isomers and salts of isomers of hydrocodone, or an analog 
8 thereof;
9  (10.7) 50 grams or more but less than 100 grams of any 
10 substance containing dihydrocodeinone, or any of the 
11 salts, isomers and salts of isomers of dihydrocodeinone, or 
12 an analog thereof;
13  (10.8) 50 grams or more but less than 100 grams of any 
14 substance containing dihydrocodeine, or any of the salts, 
15 isomers and salts of isomers of dihydrocodeine, or an 
16 analog thereof;
17  (10.9) 50 grams or more but less than 100 grams of any 
18 substance containing oxycodone, or any of the salts, 
19 isomers and salts of isomers of oxycodone, or an analog 
20 thereof;
21  (11) 50 grams or more but less than 200 grams of any 
22 substance
containing a substance classified in Schedules I 
23 or II, or an analog
thereof, which is not otherwise 
24 included in this subsection.

25 (c-5) (Blank).

26 (d) Any person who violates this Section with regard to any 
 
 
10000SB1722sam002- 34 -LRB100 11347 RLC 23204 a


1other
amount of a controlled or counterfeit substance 
2containing dihydrocodeinone or dihydrocodeine or classified in

3Schedules I or II, or an analog thereof, which is (i) a 
4narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an 
5analog thereof,
(iii) any
substance containing amphetamine or 
6fentanyl or any salt or optical
isomer of amphetamine or 
7fentanyl, or an analog thereof, or (iv) any
substance 
8containing N-Benzylpiperazine (BZP) or any salt or optical

9isomer of N-Benzylpiperazine (BZP), or an analog thereof, is 
10guilty
of a Class 2 felony. The fine for violation of this 
11subsection (d) shall
not be more than $200,000.

12 (d-5) (Blank).

13 (e) Any person who violates this Section with regard to any 
14other
amount of a controlled substance other than 
15methamphetamine or counterfeit substance classified in

16Schedule I or II, or an analog thereof, which substance is not

17included under subsection (d) of this Section, is
guilty of a 
18Class 3 felony. The fine for violation of this subsection (e)

19shall not be more than $150,000.

20 (f) Any person who violates this Section with regard to any 
21other
amount of a controlled or counterfeit substance 
22classified in
Schedule III is guilty of a Class 3 felony. The 
23fine for violation of
this subsection (f) shall not be more 
24than $125,000.

25 (g) Any person who violates this Section with regard to any 
26other
amount of a controlled or counterfeit substance 
 
 
10000SB1722sam002- 35 -LRB100 11347 RLC 23204 a


1classified
in Schedule IV is guilty of a Class 3 felony. The 
2fine for violation of
this subsection (g) shall not be more 
3than $100,000.

4 (h) Any person who violates this Section with regard to any 
5other
amount of a controlled or counterfeit substance 
6classified in
Schedule V is guilty of a Class 3 felony. The 
7fine for violation of this
subsection (h) shall not be more 
8than $75,000.

9 (i) This Section does not apply to the manufacture, 
10possession or
distribution of a substance in conformance with 
11the provisions of an approved
new drug application or an 
12exemption for investigational use within the
meaning of Section 
13505 of the Federal Food, Drug and Cosmetic Act.

14 (j) (Blank).

15 (k) The changes made to this Section by this amendatory Act 
16of the 100th General Assembly apply only to offenses committed 
17on or after the effective date of this amendatory Act of the 
18100th General Assembly. 
19(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)




20 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)



21 Sec. 402. Except as otherwise authorized by this Act, it is 
22unlawful for
any person knowingly to possess a controlled or 
23counterfeit substance or controlled substance analog.
A 
24violation of this Act with respect to each of the controlled 
25substances
listed herein constitutes a single and separate 
 
 
10000SB1722sam002- 36 -LRB100 11347 RLC 23204 a


1violation of this Act. For purposes of this Section, 
2"controlled substance analog" or "analog"
means a substance, 
3other than a controlled substance, that has a chemical 
4structure substantially similar to that of a controlled

5substance in Schedule I or II, or that was specifically 
6designed to produce
an effect substantially similar to that of 
7a controlled substance in Schedule
I or II. Examples of 
8chemical classes in which controlled substance analogs
are 
9found include, but are not limited to, the following: 
10phenethylamines,
N-substituted piperidines, morphinans, 
11ecgonines, quinazolinones, substituted
indoles, and 
12arylcycloalkylamines. For purposes of this Act, a controlled

13substance analog shall be treated in the same manner as the 
14controlled
substance to which it is substantially similar.


15 (a) Any person who violates this Section with respect to 
16the following
controlled or counterfeit substances and 
17amounts, notwithstanding any of the
provisions of subsections 
18(c) and (d) to the
contrary, is guilty of a Class 1 felony and 
19shall, if sentenced to a term
of imprisonment, shall be 
20sentenced as provided in this subsection (a) and fined
as 
21provided in subsection (b):

22  (1) (A) a person in possession of not less than 4 years 
23 and not more than 15 years with respect
to 15 grams or 
24 more but less than 50 100 grams of a substance 
25 containing heroin is guilty of a Class 3 felony;

26   (B) a person in possession of 50 not less than 6 
 
 
10000SB1722sam002- 37 -LRB100 11347 RLC 23204 a


1 years and not more than 30 years with respect to 100

2 grams or more but less than 100 400 grams of a 
3 substance containing heroin is guilty of a Class 2 
4 felony;

5   (C) a person in possession of more than 100 not 
6 less than 8 years and not more than 40 years with 
7 respect to 400
grams or more but less than 900 grams of 
8 any substance containing heroin is guilty of a Class 1 
9 felony;

10   (D) (blank); not less than 10 years and not more 
11 than 50 years with respect to
900 grams or more of any 
12 substance containing heroin;

13  (2) (A) a person in possession of not less than 4 years 
14 and not more than 15 years with respect
to 15 grams or 
15 more but less than 50 100 grams of any substance 
16 containing
cocaine is guilty of a Class 3 felony;

17   (B) a person in possession of 50 not less than 6 
18 years and not more than 30 years with respect to 100

19 grams or more but less than 100 400 grams of any 
20 substance containing cocaine is guilty of a Class 2 
21 felony;

22   (C) a person in possession of more than 100 not 
23 less than 8 years and not more than 40 years with 
24 respect to 400
grams or more but less than 900 grams of 
25 any substance containing cocaine is guilty of a Class 1 
26 felony;

 
 
10000SB1722sam002- 38 -LRB100 11347 RLC 23204 a


1   (D) (blank); not less than 10 years and not more 
2 than 50 years with respect to
900 grams or more of any 
3 substance containing cocaine;

4  (3) (A) a person in possession of not less than 4 years 
5 and not more than 15 years with respect
to 15 grams or 
6 more but less than 50 100 grams of any substance 
7 containing
morphine is guilty of a Class 3 felony;

8   (B) a person in possession of 50 not less than 6 
9 years and not more than 30 years with respect to 100

10 grams or more but less than 100 400 grams of any 
11 substance containing morphine is guilty of a Class 2 
12 felony;

13   (C) a person in possession of more than 100 not 
14 less than 6 years and not more than 40 years with 
15 respect to 400
grams or more but less than 900 grams of 
16 any substance containing morphine is guilty of a Class 
17 1 felony;

18   (D) (blank); not less than 10 years and not more 
19 than 50 years with respect to
900 grams or more of any 
20 substance containing morphine;

21  (4) a person in possession of 200 grams or more of any 
22 substance containing peyote is guilty of a Class 1 felony;

23  (5) a person in possession of 200 grams or more of any 
24 substance containing a derivative of
barbituric acid or any 
25 of the salts of a derivative of barbituric acid is guilty 
26 of a Class 1 felony;

 
 
10000SB1722sam002- 39 -LRB100 11347 RLC 23204 a


1  (6) a person in possession of 200 grams or more of any 
2 substance containing amphetamine or any salt
of an optical 
3 isomer of amphetamine is guilty of a Class 1 felony;

4  (6.5) (blank);

5  (7) (A) a person is guilty of a Class 3 felony if he or 
6 she in possession of: not less than 4 years and not 
7 more than 15 years with respect
to: (i) 15 grams or 
8 more but less than 50 100 grams of any substance 
9 containing
lysergic acid diethylamide (LSD), or an 
10 analog thereof, or (ii) 15 or
more objects or 15 or 
11 more segregated parts of an object or objects but
less 
12 than 100 200 objects or 100 200 segregated parts of an 
13 object or objects
containing in them or having upon 
14 them any amount of any substance
containing lysergic 
15 acid diethylamide (LSD), or an analog thereof;

16   (B) a person is guilty of a Class 2 felony if he or 
17 she is in possession of: not less than 6 years and not 
18 more than 30 years with respect
to: (i) 50 100 grams or 
19 more but less than 100 400 grams of any substance

20 containing lysergic acid diethylamide (LSD), or an 
21 analog thereof, or (ii)
100 200 or more objects or 100 
22 200 or more segregated parts of an object or objects

23 but less than 300 600 objects or less than 300 600 
24 segregated parts of an object or
objects containing in 
25 them or having upon them any amount of any substance

26 containing lysergic acid diethylamide (LSD), or an 
 
 
10000SB1722sam002- 40 -LRB100 11347 RLC 23204 a


1 analog thereof;

2   (C) a person is guilty of a Class 1 felony if he or 
3 she is in possession of: not less than 8 years and not 
4 more than 40 years with respect
to: (i) 100 400 grams 
5 or more but less than 900 grams of any substance

6 containing lysergic acid diethylamide (LSD), or an 
7 analog thereof, or (ii)
300 600 or more objects or 300 
8 600 or more segregated parts of an object or objects

9 but less than 1500 objects or 1500 segregated parts of 
10 an object or objects
containing in them or having upon 
11 them any amount of any substance
containing lysergic 
12 acid diethylamide (LSD), or an analog thereof;

13   (D) (blank); not less than 10 years and not more 
14 than 50 years with respect
to: (i) 900 grams or more of 
15 any substance containing lysergic acid
diethylamide 
16 (LSD), or an analog thereof, or (ii) 1500 or more 
17 objects or
1500 or more segregated parts of an object 
18 or objects containing in them or
having upon them any 
19 amount of a substance containing lysergic acid

20 diethylamide (LSD), or an analog thereof;

21  (7.5) (A) a person is guilty of a Class 3 felony if he 
22 or she is in possession of: not less than 4 years and 
23 not more than 15 years with respect
to: (i) 15
grams or 
24 more but
less than 50 100 grams of any substance listed 
25 in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19),

26 (20), (20.1), (21), (25), or (26) of subsection (d) of 
 
 
10000SB1722sam002- 41 -LRB100 11347 RLC 23204 a


1 Section 204, or an
analog or derivative
thereof, or 
2 (ii) 15 or more pills, tablets, caplets, capsules, or 
3 objects but
less than 100 200 pills,
tablets, caplets, 
4 capsules, or objects containing in them or having upon 
5 them
any amount of any
substance listed in paragraph 
6 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
7 (20.1),
(21), (25), or (26) of
subsection (d) of 
8 Section 204, or an analog or derivative thereof;

9   (B) a person is guilty of a Class 2 felony if he or 
10 she is in possession of: not less than 6 years and not 
11 more than 30 years with respect to: (i)
50 100
grams or 
12 more but
less than 100 400 grams of any substance 
13 listed in paragraph (1), (2), (2.1), (2.2), (3),

14 (14.1), (19), (20),
(20.1), (21), (25), or (26) of 
15 subsection (d) of Section 204, or an analog or

16 derivative thereof, or
(ii) 100 200 or more pills, 
17 tablets, caplets, capsules, or objects but less than

18 300 600
pills, tablets,
caplets, capsules, or objects 
19 containing in them or having upon them any amount
of 
20 any
substance
listed in paragraph (1), (2), (2.1), 
21 (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or 
22 (26) of subsection
(d) of Section 204, or an analog or 
23 derivative thereof;

24   (C) a person is guilty of a Class 1 felony if he or 
25 she is in possession of: not less than 8 years and not 
26 more than 40 years with respect to: (i)
100 400
grams 
 
 
10000SB1722sam002- 42 -LRB100 11347 RLC 23204 a


1 or more but
less than 900 grams of any substance listed 
2 in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), 
3 (20),
(20.1), (21), (25), or (26) of subsection (d) of 
4 Section 204, or an analog or
derivative thereof,
or 
5 (ii) 300 600 or more pills, tablets, caplets, capsules, 
6 or objects but less than
1,500 pills, tablets,
caplets, 
7 capsules, or objects containing in them or having upon 
8 them any amount
of any
substance listed in paragraph 
9 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
10 (20.1),
(21), (25), or (26) of
subsection (d) of 
11 Section 204, or an analog or derivative thereof;

12   (D) (blank); not less than 10 years and not more 
13 than 50 years with respect to:
(i)
900 grams or more of

14 any substance listed in paragraph (1), (2), (2.1), 
15 (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or 
16 (26)
of subsection (d) of Section 204, or an analog or 
17 derivative thereof, or (ii)
1,500 or more pills,

18 tablets, caplets, capsules, or objects containing in 
19 them or having upon them
any amount of a
substance 
20 listed in paragraph (1), (2), (2.1), (2.2), (3), 
21 (14.1), (19), (20), (20.1),
(21), (25), or (26) of

22 subsection (d) of Section 204, or an analog or 
23 derivative thereof;

24  (8) a person in possession of 30 grams or more of any 
25 substance containing pentazocine or any of
the salts, 
26 isomers and salts of isomers of pentazocine, or an analog 
 
 
10000SB1722sam002- 43 -LRB100 11347 RLC 23204 a


1 thereof is guilty of a Class 1 felony;

2  (9) a person in possession of 30 grams or more of any 
3 substance containing methaqualone or any
of the salts, 
4 isomers and salts of isomers of methaqualone is guilty of a 
5 Class 1 felony;

6  (10) a person in possession of 30 grams or more of any 
7 substance containing phencyclidine or any
of the salts, 
8 isomers and salts of isomers of phencyclidine (PCP)is 
9 guilty of a Class 1 felony;

10  (10.5) a person in possession of 30 grams or more of 
11 any substance containing ketamine or any of
the salts, 
12 isomers and salts of isomers of ketamine is guilty of a 
13 Class 1 felony;

14  (11) a person in possession of 200 grams or more of any 
15 substance containing any substance
classified as a 
16 narcotic drug in Schedules I or II, or an analog thereof, 
17 which is not otherwise
included in this subsection is 
18 guilty of a Class 1 felony.

19 (b) Any person sentenced with respect to violations of 
20paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
21involving 100
grams or more of the
controlled substance named 
22therein, may in addition to the penalties
provided therein, be 
23fined an amount not to exceed $200,000 or the full
street value 
24of the controlled or counterfeit substances, whichever is

25greater. The term "street value" shall have the meaning

26ascribed in Section 110-5 of the Code of Criminal Procedure of 
 
 
10000SB1722sam002- 44 -LRB100 11347 RLC 23204 a


11963. Any
person sentenced with respect to any other provision 
2of subsection (a), may
in addition to the penalties provided 
3therein, be fined an amount not to
exceed $200,000.

4 (c) Any person who violates this Section with regard to an 
5amount
of a controlled substance other than methamphetamine or 
6counterfeit substance not set forth in
subsection (a) or (d) is 
7guilty of a Class 4 felony. The fine for a
violation punishable 
8under this subsection (c) shall not be more
than $25,000.

9 (d) Any person who violates this Section with regard to any 
10amount of
anabolic steroid is guilty of a Class C misdemeanor

11for the first offense and a Class B misdemeanor for a 
12subsequent offense
committed within 2 years of a prior 
13conviction.

14 (e) The changes made to this Section by this amendatory Act 
15of the 100th General Assembly apply only to offenses committed 
16on or after the effective date of this amendatory Act of the 
17100th General Assembly. 
18(Source: P.A. 99-371, eff. 1-1-16.)





19 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)


20 Sec. 407. (a) (1)(A) Any person 18 years of age or over who 
21violates any
subsection of Section 401 or subsection (b) of 
22Section 404 by delivering a
controlled, counterfeit or 
23look-alike substance to a person under 18 years
of age may be 
24sentenced to imprisonment for a term up to twice the maximum

25term and fined an amount up to twice that amount otherwise 
 
 
10000SB1722sam002- 45 -LRB100 11347 RLC 23204 a


1authorized by
the pertinent subsection of Section 401 and 
2Subsection (b) of Section 404.

3 (B) (Blank).

4 (2) Except as provided in paragraph (3) of this subsection, 
5any person
who violates:


6  (A) subsection (c) of Section 401 by delivering or 
7 possessing with
intent to deliver a controlled, 
8 counterfeit, or look-alike substance in or
on, or within 
9 500 1,000 feet of, a truck stop or safety rest area, is 
10 guilty of
a Class 1 felony, the fine for which shall not 
11 exceed $250,000;


12  (B) subsection (d) of Section 401 by delivering or 
13 possessing with
intent to deliver a controlled, 
14 counterfeit, or look-alike substance in or
on, or within 
15 500 1,000 feet of, a truck stop or safety rest area, is 
16 guilty of
a Class 2 felony, the fine for which shall not 
17 exceed $200,000;


18  (C) subsection (e) of Section 401 or subsection (b) of 
19 Section 404
by delivering or possessing with intent to 
20 deliver a controlled,
counterfeit, or look-alike substance 
21 in or on, or within 500 1,000 feet of, a
truck stop or 
22 safety rest area, is guilty of a Class 3 felony, the fine 
23 for
which shall not exceed $150,000;


24  (D) subsection (f) of Section 401 by delivering or 
25 possessing with
intent to deliver a controlled, 
26 counterfeit, or look-alike substance in or
on, or within 
 
 
10000SB1722sam002- 46 -LRB100 11347 RLC 23204 a


1 500 1,000 feet of, a truck stop or safety rest area, is 
2 guilty of
a Class 3 felony, the fine for which shall not 
3 exceed $125,000;


4  (E) subsection (g) of Section 401 by delivering or 
5 possessing with
intent to deliver a controlled, 
6 counterfeit, or look-alike substance in or
on, or within 
7 500 1,000 feet of, a truck stop or safety rest area, is 
8 guilty of
a Class 3 felony, the fine for which shall not 
9 exceed $100,000;


10  (F) subsection (h) of Section 401 by delivering or 
11 possessing with
intent to deliver a controlled, 
12 counterfeit, or look-alike substance in or
on, or within 
13 500 1,000 feet of, a truck stop or safety rest area, is 
14 guilty of
a Class 3 felony, the fine for which shall not 
15 exceed $75,000;

16 (3) Any person who violates paragraph (2) of this 
17subsection (a) by
delivering or possessing with intent to 
18deliver a controlled, counterfeit,
or look-alike substance in 
19or on, or within 500 1,000 feet of a truck stop or a
safety rest 
20area, following a prior conviction or convictions of paragraph

21(2) of this subsection (a) may be sentenced to a term of 
22imprisonment up to
2 times the maximum term and fined an amount 
23up to 2 times the amount
otherwise authorized by Section 401.

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


25  (A) "Safety rest area" means a roadside facility 
26 removed from the
roadway with parking and facilities 
 
 
10000SB1722sam002- 47 -LRB100 11347 RLC 23204 a


1 designed for motorists' rest, comfort,
and information 
2 needs; and


3  (B) "Truck stop" means any facility (and its parking 
4 areas) used to
provide fuel or service, or both, to any 
5 commercial motor vehicle as
defined in Section 18b-101 of 
6 the Illinois Vehicle Code.

7 (b) Any person who violates:


8  (1) subsection (c) of Section 401 in any school, on or 
9 within 500 feet of the real property comprising any school, 
10 or in any conveyance
owned, leased or contracted by a 
11 school to transport students to or from
school or a school 
12 related activity, and at the time of the violation persons 
13 under the age of 18 are present, the offense is committed 
14 during school hours, or the offense is committed at times 
15 when persons under the age of 18 are reasonably expected to 
16 be present in the school, in the conveyance, or on the real 
17 property, such as when after-school activities are 
18 occurring or residential property owned, operated or

19 managed by a public housing agency or leased by a public 
20 housing agency as part
of a scattered site or mixed-income 
21 development, or in any public park or , on or within 500 
22 feet of the real
property comprising any school or 
23 residential property owned, operated or
managed by a public 
24 housing agency or leased by a public housing agency as part

25 of a scattered site or mixed-income development, or public 
26 park or
within 1,000 feet of the real property comprising 
 
 
10000SB1722sam002- 48 -LRB100 11347 RLC 23204 a


1 any school 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 public park, on the real property 
5 comprising any
church, synagogue, or
other building, 
6 structure, or place used primarily for religious worship, 
7 or
within 500 1,000 feet of the real property comprising 
8 any church, synagogue, or
other building, structure, or 
9 place used primarily for religious worship, on
the real 
10 property comprising any of the following places, 
11 buildings, or
structures used primarily for housing or 
12 providing space for activities for
senior citizens: 
13 nursing homes, assisted-living centers, senior citizen 
14 housing
complexes, or senior centers oriented toward 
15 daytime activities, or within 500
1,000 feet of 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 and at the time of the violation persons 
22 are present or reasonably expected to be present in the 
23 church, synagogue, or other
building,
structure, or place 
24 used primarily for religious worship during worship 
25 services, or in buildings or structures used primarily for 
26 housing or providing space
for activities for senior 
 
 
10000SB1722sam002- 49 -LRB100 11347 RLC 23204 a


1 citizens: nursing homes, assisted-living centers,
senior 
2 citizen housing complexes, or senior centers oriented 
3 toward daytime
activities during the hours those places, 
4 buildings, or structures are open for those activities, or

5 on the real property
is guilty of a Class X felony, the 
6 fine for which shall not
exceed $500,000;


7  (2) subsection (d) of Section 401 in any school, on or 
8 within 500 feet of the real property comprising any school, 
9 or in any conveyance
owned, leased or contracted by a 
10 school to transport students to or from
school or a school 
11 related activity, and at the time of the violation persons 
12 under the age of 18 are present, the offense is committed 
13 during school hours, or the offense is committed at times 
14 when persons under the age of 18 are reasonably expected to 
15 be present in the school, in the conveyance, or on the real 
16 property, such as when after-school activities are 
17 occurring or residential property owned,
operated or 
18 managed by a public housing agency or leased by a public 
19 housing
agency as part of a scattered site or mixed-income 
20 development, or in any public park or ,
on or within 500 
21 feet of the real property comprising any school or 
22 residential property owned,
operated or managed by a public 
23 housing agency or leased by a public housing
agency as part 
24 of a scattered site or mixed-income development, or public 
25 park
or within 1,000 feet of the real property comprising 
26 any school or residential
property owned, operated or 
 
 
10000SB1722sam002- 50 -LRB100 11347 RLC 23204 a


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 public park, on the real property 
4 comprising any church, synagogue, or other
building, 
5 structure, or place used primarily for religious worship, 
6 or
within 500 1,000 feet of the real property comprising 
7 any church,
synagogue, or other building, structure, or 
8 place used primarily for religious
worship, on the real 
9 property comprising any of the following places,

10 buildings, or
structures used primarily for housing or 
11 providing space for activities for
senior citizens: 
12 nursing homes, assisted-living centers, senior citizen 
13 housing
complexes, or senior centers oriented toward 
14 daytime activities, or within 500
1,000 feet of 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 and at the time of the violation persons 
21 are present or reasonably expected to be present in the 
22 church, synagogue, or other
building,
structure, or place 
23 used primarily for religious worship during worship 
24 services, or in buildings or structures used primarily for 
25 housing or providing space
for activities for senior 
26 citizens: nursing homes, assisted-living centers,
senior 
 
 
10000SB1722sam002- 51 -LRB100 11347 RLC 23204 a


1 citizen housing complexes, or senior centers oriented 
2 toward daytime
activities during the hours those places, 
3 buildings, or structures are open for those activities, or

4 on the real property is guilty of a Class 1 felony, the 
5 fine for which shall not exceed
$250,000;


6  (3) subsection (e) of Section 401 or Subsection (b) of 
7 Section 404 in
any school, on or within 500 feet of the 
8 real property comprising any school, or in any conveyance 
9 owned, leased or contracted by a school to
transport 
10 students to or from school or a school related activity, 
11 and at the time of the violation persons under the age of 
12 18 are present, the offense is committed during school 
13 hours, or the offense is committed at times when persons 
14 under the age of 18 are reasonably expected to be present 
15 in the school, in the conveyance, or on the real property, 
16 such as when after-school activities are occurring or

17 residential property owned, operated or managed by a public 
18 housing agency or
leased by a public housing agency as part 
19 of a scattered site or mixed-income
development, or in any 
20 public park or , on or within 500 feet of the real property 
21 comprising any school or
residential property owned, 
22 operated or managed by a public housing agency or
leased by 
23 a public housing agency as part of a scattered site or 
24 mixed-income
development, or public park or within 1,000 
25 feet of the real property
comprising
any school or 
26 residential property owned, operated or managed by a
public 
 
 
10000SB1722sam002- 52 -LRB100 11347 RLC 23204 a


1 housing agency or leased by a public housing agency as part 
2 of a
scattered site or mixed-income development, or public 
3 park, on the real
property comprising any church, 
4 synagogue, or other building, structure, or
place used 
5 primarily for religious worship, or within 500 1,000 feet 
6 of the real
property comprising any church, synagogue, or 
7 other building, structure, or
place used primarily for 
8 religious worship, on the real property comprising any
of 
9 the following places, buildings, or structures used 
10 primarily for housing or
providing space for activities for

11 senior citizens: nursing homes, assisted-living centers, 
12 senior citizen housing
complexes, or senior centers 
13 oriented toward daytime activities, or within 500
1,000 
14 feet of the real property comprising any of the following

15 places, buildings, or structures used primarily for 
16 housing or providing space
for activities for senior 
17 citizens: nursing homes, assisted-living centers,
senior 
18 citizen housing complexes, or senior centers oriented 
19 toward daytime
activities and at the time of the violation 
20 persons are present or reasonably expected to be present in 
21 the church, synagogue, or other
building,
structure, or 
22 place used primarily for religious worship during worship 
23 services, or in buildings or structures used primarily for 
24 housing or providing space
for activities for senior 
25 citizens: nursing homes, assisted-living centers,
senior 
26 citizen housing complexes, or senior centers oriented 
 
 
10000SB1722sam002- 53 -LRB100 11347 RLC 23204 a


1 toward daytime
activities during the hours those places, 
2 buildings, or structures are open for those activities, or

3 on the real property is guilty of a Class 2 felony, the 
4 fine for
which shall not exceed $200,000;


5  (4) subsection (f) of Section 401 in any school, on or 
6 within 500 feet of the real property comprising any school, 
7 or in any conveyance
owned, leased or contracted by a 
8 school to transport students to or from
school or a school 
9 related activity, and at the time of the violation persons 
10 under the age of 18 are present, the offense is committed 
11 during school hours, or the offense is committed at times 
12 when persons under the age of 18 are reasonably expected to 
13 be present in the school, in the conveyance, or on the real 
14 property, such as when after-school activities are 
15 occurring or residential property owned,
operated or 
16 managed by a public housing agency
or leased by a public 
17 housing agency as part of a scattered site or
mixed-income 
18 development,
or in any public park or , on or within 500 
19 feet of the real
property comprising any school or 
20 residential property owned, operated or
managed by a public 
21 housing agency
or leased by a public housing agency as part 
22 of a scattered site or
mixed-income development,
or public 
23 park or
within 1,000 feet of the real property comprising 
24 any school 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 
 
 
10000SB1722sam002- 54 -LRB100 11347 RLC 23204 a


1 development,
or public
park, on the real property 
2 comprising any church, synagogue, or other
building,

3 structure, or place used primarily for religious worship, 
4 or
within 500 1,000 feet of the real property comprising 
5 any church,
synagogue, or other building, structure, or 
6 place used primarily for religious
worship, on the real 
7 property comprising any of the following places,

8 buildings, or
structures used primarily for housing or 
9 providing space for activities for
senior citizens: 
10 nursing homes, assisted-living centers, senior citizen 
11 housing
complexes, or senior centers oriented toward 
12 daytime activities, or within 500
1,000 feet of the real 
13 property comprising any of the following
places, 
14 buildings, or structures used primarily for housing or 
15 providing space
for activities for senior citizens: 
16 nursing homes, assisted-living centers,
senior citizen 
17 housing complexes, or senior centers oriented toward 
18 daytime
activities
and at the time of the violation persons 
19 are present or reasonably expected to be present in the 
20 church, synagogue, or other
building,
structure, or place 
21 used primarily for religious worship during worship 
22 services, or in buildings or structures used primarily for 
23 housing or providing space
for activities for senior 
24 citizens: nursing homes, assisted-living centers,
senior 
25 citizen housing complexes, or senior centers oriented 
26 toward daytime
activities during the hours those places, 
 
 
10000SB1722sam002- 55 -LRB100 11347 RLC 23204 a


1 buildings, or structures are open for those activities, or

2 on the real property is guilty of a Class 2 felony, the 
3 fine for which shall not exceed
$150,000;


4  (5) subsection (g) of Section 401 in any school, on or 
5 within 500 feet of the real property comprising any school, 
6 or in any conveyance
owned, leased or contracted by a 
7 school to transport students to or from
school or a school 
8 related activity, and at the time of the violation persons 
9 under the age of 18 are present, the offense is committed 
10 during school hours, or the offense is committed at times 
11 when persons under the age of 18 are reasonably expected to 
12 be present in the school, in the conveyance, or on the real 
13 property, such as when after-school activities are 
14 occurring or residential property owned,
operated or 
15 managed by a public housing agency
or leased by a public 
16 housing agency as part of a scattered site or
mixed-income 
17 development,
or in any public park or , on or within 500 
18 feet of the real
property comprising any school or 
19 residential property owned, operated or
managed by a public 
20 housing agency
or leased by a public housing agency as part 
21 of a scattered site or
mixed-income development,
or public 
22 park or
within 1,000 feet of the real property comprising 
23 any school 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 public
park, on the real property 
 
 
10000SB1722sam002- 56 -LRB100 11347 RLC 23204 a


1 comprising any church, synagogue, or other
building,

2 structure, or place used primarily for religious worship, 
3 or
within 500 1,000 feet of the real property comprising 
4 any church,
synagogue, or other building, structure, or 
5 place used primarily for religious
worship, on the real 
6 property comprising any of the following places,

7 buildings, or
structures used primarily for housing or 
8 providing space for activities for
senior citizens: 
9 nursing homes, assisted-living centers, senior citizen 
10 housing
complexes, or senior centers oriented toward 
11 daytime activities, or within 500
1,000 feet of the real 
12 property comprising any of the following
places, 
13 buildings, or structures used primarily for housing or 
14 providing space
for activities for senior citizens: 
15 nursing homes, assisted-living centers,
senior citizen 
16 housing complexes, or senior centers oriented toward 
17 daytime
activities
and at the time of the violation persons 
18 are present or reasonably expected to be present in the 
19 church, synagogue, or other
building,
structure, or place 
20 used primarily for religious worship during worship 
21 services, or in buildings or structures used primarily for 
22 housing or providing space
for activities for senior 
23 citizens: nursing homes, assisted-living centers,
senior 
24 citizen housing complexes, or senior centers oriented 
25 toward daytime
activities during the hours those places, 
26 buildings, or structures are open for those activities, or

 
 
10000SB1722sam002- 57 -LRB100 11347 RLC 23204 a


1 on the real property is guilty of a Class 2 felony, the 
2 fine for which shall not exceed $125,000;


3  (6) subsection (h) of Section 401 in any school, on or 
4 within 500 feet of the real property comprising any school, 
5 or in any conveyance
owned, leased or contracted by a 
6 school to transport students to or from
school or a school 
7 related activity, and at the time of the violation persons 
8 under the age of 18 are present, the offense is committed 
9 during school hours, or the offense is committed at times 
10 when persons under the age of 18 are reasonably expected to 
11 be present in the school, in the conveyance, or on the real 
12 property, such as when after-school activities are 
13 occurring or residential property owned,
operated or 
14 managed by a public housing agency
or leased by a public 
15 housing agency as part of a scattered site or
mixed-income 
16 development,
or in any public park or , on or within 500 
17 feet of the real
property comprising any school or 
18 residential property owned, operated or
managed by a public 
19 housing agency
or leased by a public housing agency as part 
20 of a scattered site or
mixed-income development,
or public 
21 park or within 1,000 feet of the real property comprising 
22 any school
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 public
park, on the real property 
26 comprising any church, synagogue, or other
building,

 
 
10000SB1722sam002- 58 -LRB100 11347 RLC 23204 a


1 structure, or place used primarily for religious worship, 
2 or
within 500 1,000 feet of the real property comprising 
3 any church,
synagogue, or other building, structure, or 
4 place used primarily for religious
worship, on the real 
5 property comprising any of the following places,

6 buildings, or
structures used primarily for housing or 
7 providing space for activities for
senior citizens: 
8 nursing homes, assisted-living centers, senior citizen 
9 housing
complexes, or senior centers oriented toward 
10 daytime activities, or within 500
1,000 feet of the real 
11 property comprising any of the following
places, 
12 buildings, or structures used primarily for housing or 
13 providing space
for activities for senior citizens: 
14 nursing homes, assisted-living centers,
senior citizen 
15 housing complexes, or senior centers oriented toward 
16 daytime
activities
and at the time of the violation persons 
17 are present or reasonably expected to be present in the 
18 church, synagogue, or other
building,
structure, or place 
19 used primarily for religious worship during worship 
20 services, or in buildings or structures used primarily for 
21 housing or providing space
for activities for senior 
22 citizens: nursing homes, assisted-living centers,
senior 
23 citizen housing complexes, or senior centers oriented 
24 toward daytime
activities during the hours those places, 
25 buildings, or structures are open for those activities, or

26 on the real property is guilty of a Class 2 felony, the 
 
 
10000SB1722sam002- 59 -LRB100 11347 RLC 23204 a


1 fine for which shall not exceed
$100,000.

2 (c) Regarding penalties prescribed in subsection
(b) for 
3violations committed in a school or on or within 500
1,000 feet 
4of school property, the time of day and , time of year and 
5whether
classes were currently in session at the time of the 
6offense is irrelevant.

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





8 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)


9 Sec. 410. (a) Whenever any person who has not previously 
10been convicted
of, or placed on probation or court supervision 
11for any felony offense under this
Act or any law of the United 
12States or of any State relating to cannabis
or controlled 
13substances, pleads guilty to or is found guilty of possession

14of a controlled or counterfeit substance under subsection (c) 
15of Section
402 or of unauthorized possession of prescription 
16form under Section 406.2, the court, without entering a 
17judgment and with the consent of such
person, may sentence him 
18or her to probation.

19 (b) When a person is placed on probation, the court shall 
20enter an order
specifying a period of probation of 24 months 
21and shall defer further
proceedings in the case until the 
22conclusion of the period or until the
filing of a petition 
23alleging violation of a term or condition of probation.

24 (c) The conditions of probation shall be that the person: 
25(1) not
violate any criminal statute of any jurisdiction; (2) 
 
 
10000SB1722sam002- 60 -LRB100 11347 RLC 23204 a


1refrain from
possessing a firearm or other dangerous weapon; 
2(3) submit to periodic drug
testing at a time and in a manner 
3as ordered by the court, but no less than 3
times during the 
4period of the probation, with the cost of the testing to be

5paid by the probationer; and (4) perform no less than 30 hours 
6of community
service, provided community service is available 
7in the jurisdiction and is
funded
and approved by the county 
8board.

9 (d) The court may, in addition to other conditions, require 
10that the person:

11  (1) make a report to and appear in person before or 
12 participate with the
court or such courts, person, or 
13 social service agency as directed by the
court in the order 
14 of probation;

15  (2) pay a fine and costs;

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

17 training;

18  (4) undergo medical or psychiatric treatment; or 
19 treatment or
rehabilitation approved by the Illinois 
20 Department of Human Services;

21  (5) attend or reside in a facility established for the 
22 instruction or
residence of defendants on probation;

23  (6) support his or her dependents;

24  (6-5) refrain from having in his or her body the 
25 presence of any illicit
drug prohibited by the Cannabis 
26 Control Act, the Illinois Controlled
Substances Act, or the 
 
 
10000SB1722sam002- 61 -LRB100 11347 RLC 23204 a


1 Methamphetamine Control and Community Protection Act, 
2 unless prescribed by a physician, and submit samples of
his 
3 or her blood or urine or both for tests to determine the 
4 presence of any
illicit drug;

5  (7) and in addition, if a minor:

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

8   (ii) attend school;

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

10   (iv) contribute to his or her own support at home 
11 or in a foster home.

12 (e) Upon violation of a term or condition of probation, the 
13court
may enter a judgment on its original finding of guilt and 
14proceed as
otherwise provided.

15 (f) Upon fulfillment of the terms and conditions of 
16probation, the court
shall discharge the person and dismiss the 
17proceedings against him or her.

18 (g) A disposition of probation is considered to be a 
19conviction
for the purposes of imposing the conditions of 
20probation and for appeal,
however, discharge and dismissal 
21under this Section is not a conviction for
purposes of this Act 
22or for purposes of disqualifications or disabilities
imposed by 
23law upon conviction of a crime.

24 (h) A person may not have more than There may be only one 
25discharge and dismissal under this Section within a 4-year 
26period ,
Section 10 of the Cannabis Control Act, Section 70 of 
 
 
10000SB1722sam002- 62 -LRB100 11347 RLC 23204 a


1the Methamphetamine Control and Community Protection Act, 
2Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, 
3or subsection (c) of Section 11-14 of the Criminal Code of 1961 
4or the Criminal Code of 2012 with respect to any person.

5 (i) If a person is convicted of an offense under this Act, 
6the Cannabis
Control Act, or the Methamphetamine Control and 
7Community Protection Act within 5 years
subsequent to a 
8discharge and dismissal under this Section, the discharge and

9dismissal under this Section shall be admissible in the 
10sentencing proceeding
for that conviction
as evidence in 
11aggravation.

12 (j) Notwithstanding subsection (a), before a person is 
13sentenced to probation under this Section, the court may refer 
14the person to the drug court established in that judicial 
15circuit pursuant to Section 15 of the Drug Court Treatment Act. 
16The drug court team shall evaluate the person's likelihood of 
17successfully completing a sentence of probation under this 
18Section and shall report the results of its evaluation to the 
19court. If the drug court team finds that the person suffers 
20from a substance abuse problem that makes him or her 
21substantially unlikely to successfully complete a sentence of 
22probation under this Section, then the drug court shall set 
23forth its findings in the form of a written order, and the 
24person shall not be sentenced to probation under this Section, 
25but shall may be considered for the drug court program.
26(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)


 
 
10000SB1722sam002- 63 -LRB100 11347 RLC 23204 a


1 Section 30. The Methamphetamine Control and Community 
2Protection Act is amended by changing Sections 15, 55, and 70 
3as follows:

4 (720 ILCS 646/15)
5 Sec. 15. Participation in methamphetamine manufacturing. 
6 (a) Participation in methamphetamine manufacturing.

7  (1) It is unlawful to knowingly participate in the 
8 manufacture of methamphetamine with the intent that 
9 methamphetamine or a substance containing methamphetamine 
10 be produced.

11  (2) A person who violates paragraph (1) of this 
12 subsection (a) is subject to the following penalties:

13   (A) A person who participates in the manufacture of 
14 less than 15 grams of methamphetamine or a substance 
15 containing methamphetamine is guilty of a Class 1 
16 felony.

17   (B) A person who participates in the manufacture of 
18 15 or more grams but less than 100 grams of 
19 methamphetamine or a substance containing 
20 methamphetamine is guilty of a Class X felony, subject 
21 to a term of imprisonment of not less than 6 years and 
22 not more than 30 years, and subject to a fine not to 
23 exceed $100,000 or the street value of the 
24 methamphetamine manufactured, whichever is greater.

 
 
10000SB1722sam002- 64 -LRB100 11347 RLC 23204 a


1   (C) A person who participates in the manufacture of 
2 100 or more grams but less than 400 grams of 
3 methamphetamine or a substance containing 
4 methamphetamine is guilty of a Class X felony, subject 
5 to a term of imprisonment of not less than 9 years and 
6 not more than 40 years, and subject to a fine not to 
7 exceed $200,000 or the street value of the 
8 methamphetamine manufactured, whichever is greater.

9   (D) A person who participates in the manufacture of 
10 400 or more grams but less than 900 grams of 
11 methamphetamine or a substance containing 
12 methamphetamine is guilty of a Class X felony, subject 
13 to a term of imprisonment of not less than 12 years and 
14 not more than 50 years, and subject to a fine not to 
15 exceed $300,000 or the street value of the 
16 methamphetamine manufactured, whichever is greater.

17   (E) A person who participates in the manufacture of 
18 900 grams or more of methamphetamine or a substance 
19 containing methamphetamine is guilty of a Class X 
20 felony, subject to a term of imprisonment of not less 
21 than 15 years and not more than 60 years, and subject 
22 to a fine not to exceed $400,000 or the street value of 
23 the methamphetamine, whichever is greater.

24 (b) Aggravated participation in methamphetamine 
25manufacturing.

26  (1) It is unlawful to engage in aggravated 
 
 
10000SB1722sam002- 65 -LRB100 11347 RLC 23204 a


1 participation in the manufacture of methamphetamine. A 
2 person engages in aggravated participation in the 
3 manufacture of methamphetamine when the person violates 
4 paragraph (1) of subsection (a) and:

5   (A) the person knowingly does so in a multi-unit 
6 dwelling;

7   (B) the person knowingly does so in a structure or 
8 vehicle where a child under the age of 18, a person 
9 with a disability, or a person 60 years of age or older 
10 who is incapable of adequately providing for his or her 
11 own health and personal care resides, is present, or is 
12 endangered by the manufacture of methamphetamine;

13   (C) the person does so in a structure or vehicle 
14 where a woman the person knows to be pregnant 
15 (including but not limited to the person herself) 
16 resides, is present, or is endangered by the 
17 methamphetamine manufacture;

18   (D) the person knowingly does so in a structure or 
19 vehicle protected by one or more firearms, explosive 
20 devices, booby traps, alarm systems, surveillance 
21 systems, guard dogs, or dangerous animals;

22   (E) the methamphetamine manufacturing in which the 
23 person participates is a contributing cause of the 
24 death, serious bodily injury, disability, or 
25 disfigurement of another person, including but not 
26 limited to an emergency service provider;

 
 
10000SB1722sam002- 66 -LRB100 11347 RLC 23204 a


1   (F) the methamphetamine manufacturing in which the 
2 person participates is a contributing cause of a fire 
3 or explosion that damages property belonging to 
4 another person;

5   (G) the person knowingly organizes, directs, or 
6 finances the methamphetamine manufacturing or 
7 activities carried out in support of the 
8 methamphetamine manufacturing; or

9   (H) the methamphetamine manufacturing occurs 
10 within 500 1,000 feet of a place of worship or 
11 parsonage, or within 500 1,000 feet of the real 
12 property comprising any school at a time when children, 
13 clergy, patrons, staff, or other persons are present or 
14 any activity sanctioned by the place of worship or 
15 parsonage or school is taking place.

16  (2) A person who violates paragraph (1) of this 
17 subsection (b) is subject to the following penalties:

18   (A) A person who participates in the manufacture of 
19 less than 15 grams of methamphetamine or a substance 
20 containing methamphetamine is guilty of a Class X 
21 felony, subject to a term of imprisonment of not less 
22 than 6 years and not more than 30 years, and subject to 
23 a fine not to exceed $100,000 or the street value of 
24 the methamphetamine, whichever is greater.

25   (B) A person who participates in the manufacture of 
26 15 or more grams but less than 100 grams of 
 
 
10000SB1722sam002- 67 -LRB100 11347 RLC 23204 a


1 methamphetamine or a substance containing 
2 methamphetamine is guilty of a Class X felony, subject 
3 to a term of imprisonment of not less than 9 years and 
4 not more than 40 years, and subject to a fine not to 
5 exceed $200,000 or the street value of the 
6 methamphetamine, whichever is greater.

7   (C) A person who participates in the manufacture of 
8 100 or more grams but less than 400 grams of 
9 methamphetamine or a substance containing 
10 methamphetamine is guilty of a Class X felony, subject 
11 to a term of imprisonment of not less than 12 years and 
12 not more than 50 years, and subject to a fine not to 
13 exceed $300,000 or the street value of the 
14 methamphetamine, whichever is greater.

15   (D) A person who participates in the manufacture of 
16 400 grams or more of methamphetamine or a substance 
17 containing methamphetamine is guilty of a Class X 
18 felony, subject to a term of imprisonment of not less 
19 than 15 years and not more than 60 years, and subject 
20 to a fine not to exceed $400,000 or the street value of 
21 the methamphetamine, whichever is greater.


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

23 (720 ILCS 646/55)

24 Sec. 55. Methamphetamine delivery. 
25 (a) Delivery or possession with intent to deliver 
 
 
10000SB1722sam002- 68 -LRB100 11347 RLC 23204 a


1methamphetamine or a substance containing methamphetamine.

2  (1) It is unlawful knowingly to engage in the delivery 
3 or possession with intent to deliver methamphetamine or a 
4 substance containing methamphetamine.

5  (2) A person who violates paragraph (1) of this 
6 subsection (a) is subject to the following penalties:

7   (A) A person who delivers or possesses with intent 
8 to deliver less than 5 grams of methamphetamine or a 
9 substance containing methamphetamine is guilty of a 
10 Class 2 felony.

11   (B) A person who delivers or possesses with intent 
12 to deliver 5 or more grams but less than 15 grams of 
13 methamphetamine or a substance containing 
14 methamphetamine is guilty of a Class 1 felony.

15   (C) A person who delivers or possesses with intent 
16 to deliver 15 or more grams but less than 100 grams of 
17 methamphetamine or a substance containing 
18 methamphetamine is guilty of a Class X felony, subject 
19 to a term of imprisonment of not less than 6 years and 
20 not more than 30 years, and subject to a fine not to 
21 exceed $100,000 or the street value of the 
22 methamphetamine, whichever is greater.

23   (D) A person who delivers or possesses with intent 
24 to deliver 100 or more grams but less than 400 grams of 
25 methamphetamine or a substance containing 
26 methamphetamine is guilty of a Class X felony, subject 
 
 
10000SB1722sam002- 69 -LRB100 11347 RLC 23204 a


1 to a term of imprisonment of not less than 9 years and 
2 not more than 40 years, and subject to a fine not to 
3 exceed $200,000 or the street value of the 
4 methamphetamine, whichever is greater.

5   (E) A person who delivers or possesses with intent 
6 to deliver 400 or more grams but less than 900 grams of 
7 methamphetamine or a substance containing 
8 methamphetamine is guilty of a Class X felony, subject 
9 to a term of imprisonment of not less than 12 years and 
10 not more than 50 years, and subject to a fine not to 
11 exceed $300,000 or the street value of the 
12 methamphetamine, whichever is greater.

13   (F) A person who delivers or possesses with intent 
14 to deliver 900 or more grams of methamphetamine or a 
15 substance containing methamphetamine is guilty of a 
16 Class X felony, subject to a term of imprisonment of 
17 not less than 15 years and not more than 60 years, and 
18 subject to a fine not to exceed $400,000 or the street 
19 value of the methamphetamine, whichever is greater.

20 (b) Aggravated delivery or possession with intent to 
21deliver methamphetamine or a substance containing 
22methamphetamine.

23  (1) It is unlawful to engage in the aggravated delivery 
24 or possession with intent to deliver methamphetamine or a 
25 substance containing methamphetamine. A person engages in 
26 the aggravated delivery or possession with intent to 
 
 
10000SB1722sam002- 70 -LRB100 11347 RLC 23204 a


1 deliver methamphetamine or a substance containing 
2 methamphetamine when the person violates paragraph (1) of 
3 subsection (a) of this Section and:

4   (A) the person is at least 18 years of age and 
5 knowingly delivers or possesses with intent to deliver 
6 the methamphetamine or substance containing 
7 methamphetamine to a person under 18 years of age;

8   (B) the person is at least 18 years of age and 
9 knowingly uses, engages, employs, or causes another 
10 person to use, engage, or employ a person under 18 
11 years of age to deliver the methamphetamine or 
12 substance containing methamphetamine;

13   (C) the person knowingly delivers or possesses 
14 with intent to deliver the methamphetamine or 
15 substance containing methamphetamine in any structure 
16 or vehicle protected by one or more firearms, explosive 
17 devices, booby traps, alarm systems, surveillance 
18 systems, guard dogs, or dangerous animals;

19   (D) the person knowingly delivers or possesses 
20 with intent to deliver the methamphetamine or 
21 substance containing methamphetamine in any school, on 
22 any real property comprising any school, or in any 
23 conveyance owned, leased, or contracted by a school to 
24 transport students to or from school or a 
25 school-related activity and at the time of the 
26 violation persons under the age of 18 are present, the 
 
 
10000SB1722sam002- 71 -LRB100 11347 RLC 23204 a


1 offense is committed during school hours, or the 
2 offense is committed at times when persons under the 
3 age of 18 are reasonably expected to be present in the 
4 school, in the conveyance, or on the real property, 
5 such as when after-school activities are occurring;

6   (E) the person delivers or causes another person to 
7 deliver the methamphetamine or substance containing 
8 methamphetamine to a woman that the person knows to be 
9 pregnant;
or
10   (F) (blank).
11  (2) A person who violates paragraph (1) of this 
12 subsection (b) is subject to the following penalties:

13   (A) A person who delivers or possesses with intent 
14 to deliver less than 5 grams of methamphetamine or a 
15 substance containing methamphetamine is guilty of a 
16 Class 1 felony.

17   (B) A person who delivers or possesses with intent 
18 to deliver 5 or more grams but less than 15 grams of 
19 methamphetamine or a substance containing 
20 methamphetamine is guilty of a Class X felony, subject 
21 to a term of imprisonment of not less than 6 years and 
22 not more than 30 years, and subject to a fine not to 
23 exceed $100,000 or the street value of the 
24 methamphetamine, whichever is greater.

25   (C) A person who delivers or possesses with intent 
26 to deliver 15 or more grams but less than 100 grams of 
 
 
10000SB1722sam002- 72 -LRB100 11347 RLC 23204 a


1 methamphetamine or a substance containing 
2 methamphetamine is guilty of a Class X felony, subject 
3 to a term of imprisonment of not less than 8 years and 
4 not more than 40 years, and subject to a fine not to 
5 exceed $200,000 or the street value of the 
6 methamphetamine, whichever is greater.

7   (D) A person who delivers or possesses with intent 
8 to deliver 100 or more grams of methamphetamine or a 
9 substance containing methamphetamine is guilty of a 
10 Class X felony, subject to a term of imprisonment of 
11 not less than 10 years and not more than 50 years, and 
12 subject to a fine not to exceed $300,000 or the street 
13 value of the methamphetamine, whichever is greater.


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

15 (720 ILCS 646/70)

16 Sec. 70. Probation. 
17 (a) Whenever any person who has not previously been 
18convicted of, or placed on probation or court supervision for 
19any felony offense under this Act, the Illinois Controlled 
20Substances Act, the Cannabis Control Act, or any law of the 
21United States or of any state relating to cannabis or 
22controlled substances, pleads guilty to or is found guilty of 
23possession of less than 15 grams of methamphetamine under 
24paragraph (1) or (2) of subsection (b) of Section 60 of this 
25Act, the court, without entering a judgment and with the 
 
 
10000SB1722sam002- 73 -LRB100 11347 RLC 23204 a


1consent of the person, may sentence him or her to probation.

2 (b) When a person is placed on probation, the court shall 
3enter an order specifying a period of probation of 24 months 
4and shall defer further proceedings in the case until the 
5conclusion of the period or until the filing of a petition 
6alleging violation of a term or condition of probation.

7 (c) The conditions of probation shall be that the person: 
8  (1) not violate any criminal statute of any 
9 jurisdiction; 
10  (2) refrain from possessing a firearm or other 
11 dangerous weapon; 
12  (3) submit to periodic drug testing at a time and in a 
13 manner as ordered by the court, but no less than 3 times 
14 during the period of the probation, with the cost of the 
15 testing to be paid by the probationer; and 
16  (4) perform no less than 30 hours of community service, 
17 if community service is available in the jurisdiction and 
18 is funded and approved by the county board.

19 (d) The court may, in addition to other conditions, require 
20that the person take one or more of the following actions:

21  (1) make a report to and appear in person before or 
22 participate with the court or such courts, person, or 
23 social service agency as directed by the court in the order 
24 of probation;

25  (2) pay a fine and costs;

26  (3) work or pursue a course of study or vocational 
 
 
10000SB1722sam002- 74 -LRB100 11347 RLC 23204 a


1 training;

2  (4) undergo medical or psychiatric treatment; or 
3 treatment or rehabilitation approved by the Illinois 
4 Department of Human Services;

5  (5) attend or reside in a facility established for the 
6 instruction or residence of defendants on probation;

7  (6) support his or her dependents;

8  (7) refrain from having in his or her body the presence 
9 of any illicit drug prohibited by this Act, the Cannabis 
10 Control Act, or the Illinois Controlled Substances 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; or

14  (8) 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 or

20   (iv) contribute to his or her own support at home 
21 or in a foster home.

22 (e) Upon violation of a term or condition of probation, the 
23court may enter a judgment on its original finding of guilt and 
24proceed as otherwise provided.

25 (f) Upon fulfillment of the terms and conditions of 
26probation, the court shall discharge the person and dismiss the 
 
 
10000SB1722sam002- 75 -LRB100 11347 RLC 23204 a


1proceedings against the person.

2 (g) A disposition of probation is considered to be a 
3conviction for the purposes of imposing the conditions of 
4probation and for appeal, however, discharge and dismissal 
5under this Section is not a conviction for purposes of this Act 
6or for purposes of disqualifications or disabilities imposed by 
7law upon conviction of a crime.

8 (h) A person may not have more than There may be only one 
9discharge and dismissal under this Section within a 4-year 
10period , Section 410 of the Illinois Controlled Substances Act, 
11Section 10 of the Cannabis Control Act, Section 5-6-3.3 or 
125-6-3.4 of the Unified Code of Corrections, or subsection (c) 
13of Section 11-14 of the Criminal Code of 1961 or the Criminal 
14Code of 2012 with respect to any person.

15 (i) If a person is convicted of an offense under this Act, 
16the Cannabis Control Act, or the Illinois Controlled Substances 
17Act within 5 years subsequent to a discharge and dismissal 
18under this Section, the discharge and dismissal under this 
19Section are admissible in the sentencing proceeding for that 
20conviction as evidence in aggravation.


21 (j) Notwithstanding subsection (a), before a person is 
22sentenced to probation under this Section, the court may refer 
23the person to the drug court established in that judicial 
24circuit pursuant to Section 15 of the Drug Court Treatment Act. 
25The drug court team shall evaluate the person's likelihood of 
26successfully completing a sentence of probation under this 
 
 
10000SB1722sam002- 76 -LRB100 11347 RLC 23204 a


1Section and shall report the results of its evaluation to the 
2court. If the drug court team finds that the person suffers 
3from a substance abuse problem that makes him or her 
4substantially unlikely to successfully complete a sentence of 
5probation under this Section, then the drug court shall set 
6forth its findings in the form of a written order, and the 
7person shall not be sentenced to probation under this Section, 
8but 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 35. The Unified Code of Corrections is amended by 
11changing Sections 3-3-8, 3-6-3, 5-4-1, 5-4.5-25, 5-4.5-30, 
125-4.5-35, 5-4.5-95, 5-6-3.3, 5-6-3.4, 5-8-1, and 5-8-8 and by 
13adding Section 5-4.5-110 as follows:



14 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)


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

16release; discharge.
17 (a) The length of parole
for a person sentenced under the 
18law in effect prior to
the effective date of this amendatory 
19Act of 1977 and the
length of mandatory supervised release for 
20those sentenced
under the law in effect on and after such 
21effective date
shall be as set out in Section 5-8-1 unless 
22sooner terminated
under paragraph (b) of this Section.

23 (b) The Prisoner Review Board may enter an order
releasing 
24and discharging one from parole or mandatory
supervised 
 
 
10000SB1722sam002- 77 -LRB100 11347 RLC 23204 a


1release, and his or her commitment to the Department,
when it 
2determines that he or she is likely to remain at liberty

3without committing another offense.

4 (b-1) Provided that the subject is in compliance with the 
5terms and conditions of his or her parole or mandatory 
6supervised release, the Prisoner Review Board may reduce the 
7period of a parolee or releasee's parole or mandatory 
8supervised release by 90 days upon the parolee or releasee 
9receiving a high school diploma or upon passage of high school 
10equivalency testing during the period of his or her parole or 
11mandatory supervised release. This reduction in the period of a 
12subject's term of parole or mandatory supervised release shall 
13be available only to subjects who have not previously earned a 
14high school diploma or who have not previously passed high 
15school equivalency testing. 
16 (b-2) The Prisoner Review Board shall release a low-risk 
17and need subject person from mandatory supervised release as 
18determined by an appropriate evidence-based risk and need 
19assessment. 
20 (c) The order of discharge shall become effective upon 
21entry of the
order of the Board. The Board shall notify the 
22clerk of the committing
court of the order. Upon receipt of 
23such copy, the clerk shall make an
entry on the record judgment 
24that the sentence or commitment has been
satisfied pursuant to 
25the order.

26 (d) Rights of the person discharged under this
Section 
 
 
10000SB1722sam002- 78 -LRB100 11347 RLC 23204 a


1shall be restored under Section 5-5-5.

2(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268, 
3eff. 1-1-16; 99-628, eff. 1-1-17.)



4 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)



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

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

7and regulations for awarding and revoking sentence credit for 
8persons committed to the Department which shall
be subject to 
9review by the Prisoner Review Board.

10 (1.5) As otherwise provided by law, sentence credit may be 
11awarded for the following: 
12  (A) successful completion of programming while in 
13 custody of the Department or while in custody prior to 
14 sentencing; 
15  (B) compliance with the rules and regulations of the 
16 Department; or 
17  (C) service to the institution, service to a community, 
18 or service to the State. 
19 (2) Except as provided in paragraph (4.7) of this 
20subsection (a), the The rules and regulations on sentence 
21credit shall provide, with
respect to offenses listed in clause 
22(i), (ii), or (iii) of this paragraph (2) committed on or after 
23June 19, 1998 or with respect to the offense listed in clause 
24(iv) of this paragraph (2) committed on or after June 23, 2005 
25(the effective date of Public Act 94-71) or with
respect to 
 
 
10000SB1722sam002- 79 -LRB100 11347 RLC 23204 a


1offense listed in clause (vi)
committed on or after June 1, 
22008 (the effective date of Public Act 95-625)
or with respect 
3to the offense of being an armed habitual criminal committed on 
4or after August 2, 2005 (the effective date of Public Act 
594-398) or with respect to the offenses listed in clause (v) of 
6this paragraph (2) committed on or after August 13, 2007 (the 
7effective date of Public Act 95-134) or with respect to the 
8offense of aggravated domestic battery committed on or after 
9July 23, 2010 (the effective date of Public Act 96-1224) or 
10with respect to the offense of attempt to commit terrorism 
11committed on or after January 1, 2013 (the effective date of 
12Public Act 97-990), the following:

13  (i) that a prisoner who is serving a term of 
14 imprisonment for first
degree murder or for the offense of 
15 terrorism shall receive no sentence
credit and shall serve 
16 the entire
sentence imposed by the court;

17  (ii) that a prisoner serving a sentence for attempt to 
18 commit terrorism, attempt to commit first
degree murder, 
19 solicitation of murder, solicitation of murder for hire,

20 intentional homicide of an unborn child, predatory 
21 criminal sexual assault of a
child, aggravated criminal 
22 sexual assault, criminal sexual assault, aggravated

23 kidnapping, aggravated battery with a firearm as described 
24 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
25 (e)(4) of Section 12-3.05, heinous battery as described in 
26 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
 
 
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1 being an armed habitual criminal, aggravated
battery of a 
2 senior citizen as described in Section 12-4.6 or 
3 subdivision (a)(4) of Section 12-3.05, or aggravated 
4 battery of a child as described in Section 12-4.3 or 
5 subdivision (b)(1) of Section 12-3.05 shall receive no
more 
6 than 4.5 days of sentence credit for each month of his or 
7 her sentence
of imprisonment;

8  (iii) that a prisoner serving a sentence
for home 
9 invasion, armed robbery, aggravated vehicular hijacking,

10 aggravated discharge of a firearm, or armed violence with a 
11 category I weapon
or category II weapon, when the court
has 
12 made and entered a finding, pursuant to subsection (c-1) of 
13 Section 5-4-1
of this Code, that the conduct leading to 
14 conviction for the enumerated offense
resulted in great 
15 bodily harm to a victim, shall receive no more than 4.5 
16 days
of sentence credit for each month of his or her 
17 sentence of imprisonment;

18  (iv) that a prisoner serving a sentence for aggravated 
19 discharge of a firearm, whether or not the conduct leading 
20 to conviction for the offense resulted in great bodily harm 
21 to the victim, shall receive no more than 4.5 days of 
22 sentence credit for each month of his or her sentence of 
23 imprisonment;

24  (v) that a person serving a sentence for gunrunning, 
25 narcotics racketeering, controlled substance trafficking, 
26 methamphetamine trafficking, drug-induced homicide, 
 
 
10000SB1722sam002- 81 -LRB100 11347 RLC 23204 a


1 aggravated methamphetamine-related child endangerment, 
2 money laundering pursuant to clause (c) (4) or (5) of 
3 Section 29B-1 of the Criminal Code of 1961 or the Criminal 
4 Code of 2012, or a Class X felony conviction for delivery 
5 of a controlled substance, possession of a controlled 
6 substance with intent to manufacture or deliver, 
7 calculated criminal drug conspiracy, criminal drug 
8 conspiracy, street gang criminal drug conspiracy, 
9 participation in methamphetamine manufacturing, aggravated 
10 participation in methamphetamine manufacturing, delivery 
11 of methamphetamine, possession with intent to deliver 
12 methamphetamine, aggravated delivery of methamphetamine, 
13 aggravated possession with intent to deliver 
14 methamphetamine, methamphetamine conspiracy when the 
15 substance containing the controlled substance or 
16 methamphetamine is 100 grams or more shall receive no more 
17 than 7.5 days sentence credit for each month of his or her 
18 sentence of imprisonment;

19  (vi)
that a prisoner serving a sentence for a second or 
20 subsequent offense of luring a minor shall receive no more 
21 than 4.5 days of sentence credit for each month of his or 
22 her sentence of imprisonment; and

23  (vii) that a prisoner serving a sentence for aggravated 
24 domestic battery shall receive no more than 4.5 days of 
25 sentence credit for each month of his or her sentence of 
26 imprisonment. 
 
 
10000SB1722sam002- 82 -LRB100 11347 RLC 23204 a


1 (2.1) For all offenses, other than those enumerated in 
2subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
3June 19, 1998 or subdivision (a)(2)(iv) committed on or after 
4June 23, 2005 (the effective date of Public Act 94-71) or 
5subdivision (a)(2)(v) committed on or after August 13, 2007 
6(the effective date of Public Act 95-134)
or subdivision 
7(a)(2)(vi) committed on or after June 1, 2008 (the effective 
8date of Public Act 95-625) or subdivision (a)(2)(vii) committed 
9on or after July 23, 2010 (the effective date of Public Act 
1096-1224), and other than the offense of aggravated driving 
11under the influence of alcohol, other drug or drugs, or

12intoxicating compound or compounds, or any combination thereof 
13as defined in
subparagraph (F) of paragraph (1) of subsection 
14(d) of Section 11-501 of the
Illinois Vehicle Code, and other 
15than the offense of aggravated driving under the influence of 
16alcohol,
other drug or drugs, or intoxicating compound or 
17compounds, or any combination
thereof as defined in 
18subparagraph (C) of paragraph (1) of subsection (d) of
Section 
1911-501 of the Illinois Vehicle Code committed on or after 
20January 1, 2011 (the effective date of Public Act 96-1230),
the 
21rules and regulations shall
provide that a prisoner who is 
22serving a term of
imprisonment shall receive one day of 
23sentence credit for each day of
his or her sentence of 
24imprisonment or recommitment under Section 3-3-9.
Each day of 
25sentence credit shall reduce by one day the prisoner's period

26of imprisonment or recommitment under Section 3-3-9.

 
 
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1 (2.2) A prisoner serving a term of natural life 
2imprisonment or a
prisoner who has been sentenced to death 
3shall receive no sentence
credit.

4 (2.3) Except as provided in paragraph (4.7) of this 
5subsection (a), the The rules and regulations on sentence 
6credit shall provide that
a prisoner who is serving a sentence 
7for aggravated driving under the influence of alcohol,
other 
8drug or drugs, or intoxicating compound or compounds, or any 
9combination
thereof as defined in subparagraph (F) of paragraph 
10(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
11Code, shall receive no more than 4.5
days of sentence credit 
12for each month of his or her sentence of
imprisonment.

13 (2.4) Except as provided in paragraph (4.7) of this 
14subsection (a), the The rules and regulations on sentence 
15credit shall provide with
respect to the offenses of aggravated 
16battery with a machine gun or a firearm
equipped with any 
17device or attachment designed or used for silencing the
report 
18of a firearm or aggravated discharge of a machine gun or a 
19firearm
equipped with any device or attachment designed or used 
20for silencing the
report of a firearm, committed on or after

21July 15, 1999 (the effective date of Public Act 91-121),
that a 
22prisoner serving a sentence for any of these offenses shall 
23receive no
more than 4.5 days of sentence credit for each month 
24of his or her sentence
of imprisonment.

25 (2.5) Except as provided in paragraph (4.7) of this 
26subsection (a), the The rules and regulations on sentence 
 
 
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1credit shall provide that a
prisoner who is serving a sentence 
2for aggravated arson committed on or after
July 27, 2001 (the 
3effective date of Public Act 92-176) shall receive no more than

44.5 days of sentence credit for each month of his or her 
5sentence of
imprisonment.

6 (2.6) Except as provided in paragraph (4.7) of this 
7subsection (a), the The rules and regulations on sentence 
8credit shall provide that a
prisoner who is serving a sentence 
9for aggravated driving under the influence of alcohol,
other 
10drug or drugs, or intoxicating compound or compounds or any 
11combination
thereof as defined in subparagraph (C) of paragraph 
12(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
13Code committed on or after January 1, 2011 (the effective date 
14of Public Act 96-1230) shall receive no more than 4.5
days of 
15sentence credit for each month of his or her sentence of

16imprisonment.
17 (3) Except as provided in paragraph (4.7) of this 
18subsection (a), the The rules and regulations shall also 
19provide that
the Director may award up to 180 days additional 
20sentence
credit for good conduct in specific instances as the

21Director deems proper. The good conduct may include, but is not 
22limited to, compliance with the rules and regulations of the 
23Department, service to the Department, service to a community, 
24or service to the State. However, the Director shall not award 
25more than 90 days
of sentence credit for good conduct to any 
26prisoner who is serving a sentence for
conviction of first 
 
 
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1degree murder, reckless homicide while under the
influence of 
2alcohol or any other drug,
or aggravated driving under the 
3influence of alcohol, other drug or drugs, or
intoxicating 
4compound or compounds, or any combination thereof as defined in

5subparagraph (F) of paragraph (1) of subsection (d) of Section 
611-501 of the
Illinois Vehicle Code, aggravated kidnapping, 
7kidnapping,
predatory criminal sexual assault of a child,

8aggravated criminal sexual assault, criminal sexual assault, 
9deviate sexual
assault, aggravated criminal sexual abuse, 
10aggravated indecent liberties
with a child, indecent liberties 
11with a child, child pornography, heinous
battery as described 
12in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
13aggravated battery of a spouse, aggravated battery of a spouse

14with a firearm, stalking, aggravated stalking, aggravated 
15battery of a child as described in Section 12-4.3 or 
16subdivision (b)(1) of Section 12-3.05,
endangering the life or 
17health of a child, or cruelty to a child. Notwithstanding the 
18foregoing, sentence credit for
good conduct shall not be 
19awarded on a
sentence of imprisonment imposed for conviction 
20of: (i) one of the offenses
enumerated in subdivision 
21(a)(2)(i), (ii), or (iii) when the offense is committed on or 
22after
June 19, 1998 or subdivision (a)(2)(iv) when the offense 
23is committed on or after June 23, 2005 (the effective date of 
24Public Act 94-71) or subdivision (a)(2)(v) when the offense is 
25committed on or after August 13, 2007 (the effective date of 
26Public Act 95-134)
or subdivision (a)(2)(vi) when the offense 
 
 
10000SB1722sam002- 86 -LRB100 11347 RLC 23204 a


1is committed on or after June 1, 2008 (the effective date of 
2Public Act 95-625) or subdivision (a)(2)(vii) when the offense 
3is committed on or after July 23, 2010 (the effective date of 
4Public Act 96-1224), (ii) aggravated driving under the 
5influence of alcohol, other drug or drugs, or
intoxicating 
6compound or compounds, or any combination thereof as defined in

7subparagraph (F) of paragraph (1) of subsection (d) of Section 
811-501 of the
Illinois Vehicle Code, (iii) one of the offenses 
9enumerated in subdivision
(a)(2.4) when the offense is 
10committed on or after
July 15, 1999 (the effective date of 
11Public Act 91-121),
(iv) aggravated arson when the offense is 
12committed
on or after July 27, 2001 (the effective date of 
13Public Act 92-176), (v) offenses that may subject the offender 
14to commitment under the Sexually Violent Persons Commitment 
15Act, or (vi) aggravated driving under the influence of alcohol,

16other drug or drugs, or intoxicating compound or compounds or 
17any combination
thereof as defined in subparagraph (C) of 
18paragraph (1) of subsection (d) of
Section 11-501 of the 
19Illinois Vehicle Code committed on or after January 1, 2011 
20(the effective date of Public Act 96-1230).

21 Eligible inmates for an award of sentence credit under
this 
22paragraph (3) may be selected to receive the credit at
the 
23Director's or his or her designee's sole discretion.

24Consideration may be based on, but not limited to, any

25available risk assessment analysis on the inmate, any history 
26of conviction for violent crimes as defined by the Rights of 
 
 
10000SB1722sam002- 87 -LRB100 11347 RLC 23204 a


1Crime Victims and Witnesses Act, facts and circumstances of the 
2inmate's holding offense or offenses, and the potential for 
3rehabilitation. 
4 The Director shall not award sentence credit under this 
5paragraph (3) to an inmate unless the inmate has served a 
6minimum of 60 days of the sentence; except nothing in this 
7paragraph shall be construed to permit the Director to extend 
8an inmate's sentence beyond that which was imposed by the 
9court. Prior to awarding credit under this paragraph (3), the 
10Director shall make a written determination that the inmate:
11  (A) is eligible for the sentence credit;
12  (B) has served a minimum of 60 days, or as close to 60 
13 days as the sentence will allow; and
14  (C) has met the eligibility criteria established by 
15 rule.
16 The Director shall determine the form and content of the 
17written determination required in this subsection.
18 (3.5) The Department shall provide annual written reports 
19to the Governor and the General Assembly on the award of 
20sentence credit for good conduct, with the first report due 
21January 1, 2014. The Department must publish both reports on 
22its website within 48 hours of transmitting the reports to the 
23Governor and the General Assembly. The reports must include:
24  (A) the number of inmates awarded sentence credit for 
25 good conduct;
26  (B) the average amount of sentence credit for good 
 
 
10000SB1722sam002- 88 -LRB100 11347 RLC 23204 a


1 conduct awarded;
2  (C) the holding offenses of inmates awarded sentence 
3 credit for good conduct; and
4  (D) the number of sentence credit for good conduct 
5 revocations. 
6 (4) Except as provided in paragraph (4.7) of this 
7subsection (a), the The rules and regulations shall also 
8provide that the sentence
credit accumulated and retained under 
9paragraph (2.1) of subsection (a) of
this Section by any inmate 
10during specific periods of time in which such
inmate is engaged 
11full-time in substance abuse programs, correctional
industry 
12assignments, educational programs, behavior modification 
13programs, life skills courses, or re-entry planning provided by 
14the Department
under this paragraph (4) and satisfactorily 
15completes the assigned program as
determined by the standards 
16of the Department, shall be multiplied by a factor
of 1.25 for 
17program participation before August 11, 1993
and 1.50 for 
18program participation on or after that date.
The rules and 
19regulations shall also provide that sentence credit, subject to 
20the same offense limits and multiplier provided in this 
21paragraph, may be provided to an inmate who was held in 
22pre-trial detention prior to his or her current commitment to 
23the Department of Corrections and successfully completed a 
24full-time, 60-day or longer substance abuse program, 
25educational program, behavior modification program, life 
26skills course, or re-entry planning provided by the county 
 
 
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1department of corrections or county jail. Calculation of this 
2county program credit shall be done at sentencing as provided 
3in Section 5-4.5-100 of this Code and shall be included in the 
4sentencing order. However, no inmate shall be eligible for the 
5additional sentence credit
under this paragraph (4) or (4.1) of 
6this subsection (a) while assigned to a boot camp
or electronic 
7detention, or if convicted of an offense enumerated in

8subdivision (a)(2)(i), (ii), or (iii) of this Section that is 
9committed on or after June 19,
1998 or subdivision (a)(2)(iv) 
10of this Section that is committed on or after June 23, 2005 
11(the effective date of Public Act 94-71) or subdivision 
12(a)(2)(v) of this Section that is committed on or after August 
1313, 2007 (the effective date of Public Act 95-134)
or 
14subdivision (a)(2)(vi) when the offense is committed on or 
15after June 1, 2008 (the effective date of Public Act 95-625) or 
16subdivision (a)(2)(vii) when the offense is committed on or 
17after July 23, 2010 (the effective date of Public Act 96-1224), 
18or if convicted of aggravated driving under the influence of 
19alcohol, other drug or drugs, or
intoxicating compound or 
20compounds or any combination thereof as defined in
subparagraph 
21(F) of paragraph (1) of subsection (d) of Section 11-501 of the

22Illinois Vehicle Code, or if convicted of aggravated driving 
23under the influence of alcohol,
other drug or drugs, or 
24intoxicating compound or compounds or any combination
thereof 
25as defined in subparagraph (C) of paragraph (1) of subsection 
26(d) of
Section 11-501 of the Illinois Vehicle Code committed on 
 
 
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1or after January 1, 2011 (the effective date of Public Act 
296-1230), or if convicted of an offense enumerated in paragraph

3(a)(2.4) of this Section that is committed on or after
July 15, 
41999 (the effective date of Public Act 91-121),
or first degree 
5murder, a Class X felony, criminal sexual
assault, felony 
6criminal sexual abuse, aggravated criminal sexual abuse,

7aggravated battery with a firearm as described in Section 
812-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
9Section 12-3.05, or any predecessor or successor offenses
with 
10the same or substantially the same elements , or any inchoate 
11offenses
relating to the foregoing offenses. No inmate shall be 
12eligible for the
additional good conduct credit under this 
13paragraph (4) who (i) has previously
received increased good 
14conduct credit under this paragraph (4) and has
subsequently 
15been convicted of a
felony, or (ii) has previously served more 
16than one prior sentence of
imprisonment for a felony in an 
17adult correctional facility.

18 Educational, vocational, substance abuse, behavior 
19modification programs, life skills courses, re-entry planning, 
20and correctional
industry programs under which sentence credit 
21may be increased under
this paragraph (4) and paragraph (4.1) 
22of this subsection (a) shall be evaluated by the Department on 
23the basis of
documented standards. The Department shall report 
24the results of these
evaluations to the Governor and the 
25General Assembly by September 30th of each
year. The reports 
26shall include data relating to the recidivism rate among

 
 
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1program participants.

2 Availability of these programs shall be subject to the

3limits of fiscal resources appropriated by the General Assembly 
4for these
purposes. Eligible inmates who are denied immediate 
5admission shall be
placed on a waiting list under criteria 
6established by the Department.
The inability of any inmate to 
7become engaged in any such programs
by reason of insufficient 
8program resources or for any other reason
established under the 
9rules and regulations of the Department shall not be
deemed a 
10cause of action under which the Department or any employee or

11agent of the Department shall be liable for damages to the 
12inmate.

13 (4.1) Except as provided in paragraph (4.7) of this 
14subsection (a), the The rules and regulations shall also 
15provide that an additional 90 days of sentence credit shall be 
16awarded to any prisoner who passes high school equivalency 
17testing while the prisoner is committed to the Department of 
18Corrections. The sentence credit awarded under this paragraph 
19(4.1) shall be in addition to, and shall not affect, the award 
20of sentence credit under any other paragraph of this Section, 
21but shall also be pursuant to the guidelines and restrictions 
22set forth in paragraph (4) of subsection (a) of this Section.

23The sentence credit provided for in this paragraph shall be 
24available only to those prisoners who have not previously 
25earned a high school diploma or a high school equivalency 
26certificate. If, after an award of the high school equivalency 
 
 
10000SB1722sam002- 92 -LRB100 11347 RLC 23204 a


1testing sentence credit has been made, the Department 
2determines that the prisoner was not eligible, then the award 
3shall be revoked.
The Department may also award 90 days of 
4sentence credit to any committed person who passed high school 
5equivalency testing while he or she was held in pre-trial 
6detention prior to the current commitment to the Department of 
7Corrections. 
8 (4.5) The rules and regulations on sentence credit shall 
9also provide that
when the court's sentencing order recommends 
10a prisoner for substance abuse treatment and the
crime was 
11committed on or after September 1, 2003 (the effective date of

12Public Act 93-354), the prisoner shall receive no sentence 
13credit awarded under clause (3) of this subsection (a) unless 
14he or she participates in and
completes a substance abuse 
15treatment program. The Director may waive the requirement to 
16participate in or complete a substance abuse treatment program 
17and award the sentence credit in specific instances if the 
18prisoner is not a good candidate for a substance abuse 
19treatment program for medical, programming, or operational 
20reasons. Availability of
substance abuse treatment shall be 
21subject to the limits of fiscal resources
appropriated by the 
22General Assembly for these purposes. If treatment is not

23available and the requirement to participate and complete the 
24treatment has not been waived by the Director, the prisoner 
25shall be placed on a waiting list under criteria
established by 
26the Department. The Director may allow a prisoner placed on
a 
 
 
10000SB1722sam002- 93 -LRB100 11347 RLC 23204 a


1waiting list to participate in and complete a substance abuse 
2education class or attend substance
abuse self-help meetings in 
3lieu of a substance abuse treatment program. A prisoner on a 
4waiting list who is not placed in a substance abuse program 
5prior to release may be eligible for a waiver and receive 
6sentence credit under clause (3) of this subsection (a) at the 
7discretion of the Director.

8 (4.6) The rules and regulations on sentence credit shall 
9also provide that a prisoner who has been convicted of a sex 
10offense as defined in Section 2 of the Sex Offender 
11Registration Act shall receive no sentence credit unless he or 
12she either has successfully completed or is participating in 
13sex offender treatment as defined by the Sex Offender 
14Management Board. However, prisoners who are waiting to receive 
15treatment, but who are unable to do so due solely to the lack 
16of resources on the part of the Department, may, at the 
17Director's sole discretion, be awarded sentence credit at a 
18rate as the Director shall determine.
19 (4.7) On or after the effective date of this amendatory Act 
20of the 100th General Assembly, sentence credit under paragraph 
21(3), (4), or (4.1) of this subsection (a) may be awarded to a 
22prisoner who is serving a sentence for an offense described in 
23paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned 
24on or after the effective date of this amendatory Act of the 
25100th General Assembly; provided, the award of the credits 
26under this paragraph (4.7) shall not reduce the sentence of the 
 
 
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1prisoner to less than the following amounts:
2  (i) 85% of his or her sentence if the prisoner is 
3 required to serve 85% of his or her sentence; or 
4  (ii) 60% of his or her sentence if the prisoner is 
5 required to serve 75% of his or her sentence, except if the 
6 prisoner is serving a sentence for gunrunning his or her 
7 sentence shall not be reduced to less than 75%.
8 This paragraph (4.7) shall not apply to a prisoner serving 
9a sentence for an offense described in subparagraph (i) of 
10paragraph (2) of this subsection (a). 
11 (5) Whenever the Department is to release any inmate 
12earlier than it
otherwise would because of a grant of sentence 
13credit for good conduct under paragraph (3) of subsection (a) 
14of this Section given at any time during the term, the 
15Department shall give
reasonable notice of the impending 
16release not less than 14 days prior to the date of the release 
17to the State's
Attorney of the county where the prosecution of 
18the inmate took place, and if applicable, the State's Attorney 
19of the county into which the inmate will be released. The 
20Department must also make identification information and a 
21recent photo of the inmate being released accessible on the 
22Internet by means of a hyperlink labeled "Community 
23Notification of Inmate Early Release" on the Department's World 
24Wide Web homepage.
The identification information shall 
25include the inmate's: name, any known alias, date of birth, 
26physical characteristics, commitment offense and county where 
 
 
10000SB1722sam002- 95 -LRB100 11347 RLC 23204 a


1conviction was imposed. The identification information shall 
2be placed on the website within 3 days of the inmate's release 
3and the information may not be removed until either: completion 
4of the first year of mandatory supervised release or return of 
5the inmate to custody of the Department.

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

7several convictions, with separate sentences, the sentences

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

9forfeiting of sentence credit.

10 (c) The Department shall prescribe rules and regulations

11for revoking sentence credit, including revoking sentence 
12credit awarded for good conduct under paragraph (3) of 
13subsection (a) of this Section. The Department shall prescribe 
14rules and regulations for suspending or reducing
the rate of 
15accumulation of sentence credit for specific
rule violations, 
16during imprisonment. These rules and regulations
shall provide 
17that no inmate may be penalized more than one
year of sentence 
18credit for any one infraction.

19 When the Department seeks to revoke, suspend or reduce
the 
20rate of accumulation of any sentence credits for
an alleged 
21infraction of its rules, it shall bring charges
therefor 
22against the prisoner sought to be so deprived of
sentence 
23credits before the Prisoner Review Board as
provided in 
24subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
25amount of credit at issue exceeds 30 days or
when during any 12 
26month period, the cumulative amount of
credit revoked exceeds 
 
 
10000SB1722sam002- 96 -LRB100 11347 RLC 23204 a


130 days except where the infraction is committed
or discovered 
2within 60 days of scheduled release. In those cases,
the 
3Department of Corrections may revoke up to 30 days of sentence 
4credit.
The Board may subsequently approve the revocation of 
5additional sentence credit, if the Department seeks to revoke 
6sentence credit in
excess of 30 days. However, the Board shall 
7not be empowered to review the
Department's decision with 
8respect to the loss of 30 days of sentence
credit within any 
9calendar year for any prisoner or to increase any penalty

10beyond the length requested by the Department.

11 The Director of the Department of Corrections, in 
12appropriate cases, may
restore up to 30 days of sentence 
13credits which have been revoked, suspended
or reduced. Any 
14restoration of sentence credits in excess of 30 days shall
be 
15subject to review by the Prisoner Review Board. However, the 
16Board may not
restore sentence credit in excess of the amount 
17requested by the Director.

18 Nothing contained in this Section shall prohibit the 
19Prisoner Review Board
from ordering, pursuant to Section 
203-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
21sentence imposed by the court that was not served due to the

22accumulation of sentence credit.

23 (d) If a lawsuit is filed by a prisoner in an Illinois or 
24federal court
against the State, the Department of Corrections, 
25or the Prisoner Review Board,
or against any of
their officers 
26or employees, and the court makes a specific finding that a

 
 
10000SB1722sam002- 97 -LRB100 11347 RLC 23204 a


1pleading, motion, or other paper filed by the prisoner is 
2frivolous, the
Department of Corrections shall conduct a 
3hearing to revoke up to
180 days of sentence credit by bringing 
4charges against the prisoner
sought to be deprived of the 
5sentence credits before the Prisoner Review
Board as provided 
6in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
7prisoner has not accumulated 180 days of sentence credit at the

8time of the finding, then the Prisoner Review Board may revoke 
9all
sentence credit accumulated by the prisoner.

10 For purposes of this subsection (d):

11  (1) "Frivolous" means that a pleading, motion, or other 
12 filing which
purports to be a legal document filed by a 
13 prisoner in his or her lawsuit meets
any or all of the 
14 following criteria:

15   (A) it lacks an arguable basis either in law or in 
16 fact;

17   (B) it is being presented for any improper purpose, 
18 such as to harass or
to cause unnecessary delay or 
19 needless increase in the cost of litigation;

20   (C) the claims, defenses, and other legal 
21 contentions therein are not
warranted by existing law 
22 or by a nonfrivolous argument for the extension,

23 modification, or reversal of existing law or the 
24 establishment of new law;

25   (D) the allegations and other factual contentions 
26 do not have
evidentiary
support or, if specifically so 
 
 
10000SB1722sam002- 98 -LRB100 11347 RLC 23204 a


1 identified, are not likely to have evidentiary
support 
2 after a reasonable opportunity for further 
3 investigation or discovery;
or

4   (E) the denials of factual contentions are not 
5 warranted on the
evidence, or if specifically so 
6 identified, are not reasonably based on a lack
of 
7 information or belief.

8  (2) "Lawsuit" means a motion pursuant to Section
116-3 
9 of the Code of Criminal Procedure of 1963, a habeas corpus 
10 action under
Article X of the Code of Civil Procedure or 
11 under federal law (28 U.S.C. 2254),
a petition for claim 
12 under the Court of Claims Act, an action under the
federal 
13 Civil Rights Act (42 U.S.C. 1983), or a second or 
14 subsequent petition for post-conviction relief under 
15 Article 122 of the Code of Criminal Procedure of 1963 
16 whether filed with or without leave of court or a second or 
17 subsequent petition for relief from judgment under Section 
18 2-1401 of the Code of Civil Procedure.

19 (e) Nothing in Public Act 90-592 or 90-593 affects the 
20validity of Public Act 89-404.

21 (f) Whenever the Department is to release any inmate who 
22has been convicted of a violation of an order of protection 
23under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
24the Criminal Code of 2012, earlier than it
otherwise would 
25because of a grant of sentence credit, the Department, as a 
26condition of release, shall require that the person, upon 
 
 
10000SB1722sam002- 99 -LRB100 11347 RLC 23204 a


1release, be placed under electronic surveillance as provided in 
2Section 5-8A-7 of this Code. 
3(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, 
4eff. 1-1-16; 99-642, eff. 7-28-16.)




5 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)


6 Sec. 5-4-1. Sentencing Hearing. 

7 (a) Except when the death penalty is
sought under hearing 
8procedures otherwise specified, after a
determination of 
9guilt, a hearing shall be held to impose the sentence.
However, 
10prior to the imposition of sentence on an individual being

11sentenced for an offense based upon a charge for a violation of 
12Section
11-501 of the Illinois Vehicle Code or a similar 
13provision of a local
ordinance, the individual must undergo a 
14professional evaluation to
determine if an alcohol or other 
15drug abuse problem exists and the extent
of such a problem. 
16Programs conducting these evaluations shall be
licensed by the 
17Department of Human Services. However, if the individual is
not 
18a resident of Illinois, the court
may, in its discretion, 
19accept an evaluation from a program in the state of
such 
20individual's residence. The court may in its sentencing order 
21approve an
eligible defendant for placement in a Department of 
22Corrections impact
incarceration program as provided in 
23Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing 
24order recommend a defendant for placement in a Department of 
25Corrections substance abuse treatment program as provided in 
 
 
10000SB1722sam002- 100 -LRB100 11347 RLC 23204 a


1paragraph (a) of subsection (1) of Section 3-2-2 conditioned 
2upon the defendant being accepted in a program by the 
3Department of Corrections. At the
hearing the court
shall:


4  (1) consider the evidence, if any, received upon the 
5 trial;


6  (2) consider any presentence reports;


7  (3) consider the financial impact of incarceration 
8 based on the
financial impact statement filed with the 
9 clerk of the court by the
Department of Corrections;


10  (4) consider evidence and information offered by the 
11 parties in
aggravation and mitigation;
12  (4.5) consider substance abuse treatment, eligibility 
13 screening, and an assessment, if any, of the defendant by 
14 an agent designated by the State of Illinois to provide 
15 assessment services for the Illinois courts;



16  (5) hear arguments as to sentencing alternatives;


17  (6) afford the defendant the opportunity to make a 
18 statement in his
own behalf;


19  (7) afford the victim of a violent crime or a violation 
20 of Section
11-501 of the Illinois Vehicle Code, or a 
21 similar provision of a local
ordinance, or a qualified 
22 individual affected by: (i) a violation of Section
405, 
23 405.1, 405.2, or 407 of the Illinois Controlled Substances 
24 Act or a violation of Section 55 or Section 65 of the 
25 Methamphetamine Control and Community Protection Act,
or 
26 (ii) a Class 4 felony violation of Section 11-14, 11-14.3 
 
 
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1 except as described in subdivisions (a)(2)(A) and 
2 (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the 
3 Criminal Code of 1961 or the Criminal Code of 2012,

4 committed by the defendant the opportunity to make a 
5 statement
concerning the impact on the victim and to offer 
6 evidence in aggravation or
mitigation; provided that the 
7 statement and evidence offered in aggravation
or 
8 mitigation must first be prepared in writing in conjunction 
9 with the
State's Attorney before it may be presented orally 
10 at the hearing. Any
sworn testimony offered by the victim 
11 is subject to the defendant's right
to cross-examine. All 
12 statements and evidence offered under this paragraph
(7) 
13 shall become part of the record of the court. For the 
14 purpose of this
paragraph (7), "qualified individual" 
15 means any person who (i) lived or worked
within the 
16 territorial jurisdiction where the offense took place when 
17 the
offense took place;
and (ii) is familiar with various 
18 public places within the territorial
jurisdiction where

19 the offense took place when the offense took place. For the 
20 purposes of
this paragraph (7), "qualified individual" 
21 includes any peace officer,
or any member of any duly 
22 organized State, county, or municipal peace unit
assigned 
23 to the territorial jurisdiction where the offense took 
24 place when the
offense took
place;


25  (8) in cases of reckless homicide afford the victim's 
26 spouse,
guardians, parents or other immediate family 
 
 
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1 members an opportunity to make
oral statements;

2  (9) in cases involving a felony sex offense as defined 
3 under the Sex
Offender
Management Board Act, consider the 
4 results of the sex offender evaluation
conducted pursuant 
5 to Section 5-3-2 of this Act; and

6  (10) make a finding of whether a motor vehicle was used 
7 in the commission of the offense for which the defendant is 
8 being sentenced. 
9 (b) All sentences shall be imposed by the judge based upon 
10his
independent assessment of the elements specified above and 
11any agreement
as to sentence reached by the parties. The judge 
12who presided at the
trial or the judge who accepted the plea of 
13guilty shall impose the
sentence unless he is no longer sitting 
14as a judge in that court. Where
the judge does not impose 
15sentence at the same time on all defendants
who are convicted 
16as a result of being involved in the same offense, the

17defendant or the State's Attorney may advise the sentencing 
18court of the
disposition of any other defendants who have been 
19sentenced.

20 (b-1) In imposing a sentence of imprisonment or periodic 
21imprisonment for a Class 3 or Class 4 felony for which a 
22sentence of probation or conditional discharge is an available 
23sentence, if the defendant has no prior sentence of probation 
24or conditional discharge and no prior conviction for a violent 
25crime, the defendant shall not be sentenced to imprisonment 
26before review and consideration of a presentence report and 
 
 
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1determination and explanation of why the particular evidence, 
2information, factor in aggravation, factual finding, or other 
3reasons support a sentencing determination that one or more of 
4the factors under subsection (a) of Section 5-6-1 of this Code 
5apply and that probation or conditional discharge is not an 
6appropriate sentence. 
7 (c) In imposing a sentence for a violent crime or for an 
8offense of
operating or being in physical control of a vehicle 
9while under the
influence of alcohol, any other drug or any 
10combination thereof, or a
similar provision of a local 
11ordinance, when such offense resulted in the
personal injury to 
12someone other than the defendant, the trial judge shall
specify 
13on the record the particular evidence, information, factors in

14mitigation and aggravation or other reasons that led to his 
15sentencing
determination. The full verbatim record of the 
16sentencing hearing shall be
filed with the clerk of the court 
17and shall be a public record.

18 (c-1) In imposing a sentence for the offense of aggravated 
19kidnapping for
ransom, home invasion, armed robbery, 
20aggravated vehicular hijacking,
aggravated discharge of a 
21firearm, or armed violence with a category I weapon
or category 
22II weapon,
the trial judge shall make a finding as to whether 
23the conduct leading to
conviction for the offense resulted in 
24great bodily harm to a victim, and
shall enter that finding and 
25the basis for that finding in the record.

26 (c-2) If the defendant is sentenced to prison, other than 
 
 
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1when a sentence of
natural life imprisonment or a sentence of 
2death is imposed, at the time
the sentence is imposed the judge 
3shall
state on the record in open court the approximate period 
4of time the defendant
will serve in custody according to the 
5then current statutory rules and
regulations for sentence 
6credit found in Section 3-6-3 and other related
provisions of 
7this Code. This statement is intended solely to inform the

8public, has no legal effect on the defendant's actual release, 
9and may not be
relied on by the defendant on appeal.

10 The judge's statement, to be given after pronouncing the 
11sentence, other than
when the sentence is imposed for one of 
12the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, 
13shall include the following:

14 "The purpose of this statement is to inform the public of 
15the actual period
of time this defendant is likely to spend in 
16prison as a result of this
sentence. The actual period of 
17prison time served is determined by the
statutes of Illinois as 
18applied to this sentence by the Illinois Department of

19Corrections and
the Illinois Prisoner Review Board. In this 
20case, assuming the defendant
receives all of his or her 
21sentence credit, the period of estimated actual
custody is ... 
22years and ... months, less up to 180 days additional sentence 
23credit for good conduct. If the defendant, because of his or

24her own misconduct or failure to comply with the institutional 
25regulations,
does not receive those credits, the actual time 
26served in prison will be
longer. The defendant may also receive 
 
 
10000SB1722sam002- 105 -LRB100 11347 RLC 23204 a


1an additional one-half day sentence
credit for each day of 
2participation in vocational, industry, substance abuse,
and 
3educational programs as provided for by Illinois statute."

4 When the sentence is imposed for one of the offenses 
5enumerated in paragraph
(a)(3) of Section 3-6-3, other than 
6when the sentence is imposed for one of the
offenses enumerated 
7in paragraph (a)(2) of Section 3-6-3 committed on or after
June 
819, 1998, and other than when the sentence is imposed for

9reckless homicide as defined in subsection (e) of Section 9-3 
10of the Criminal
Code of 1961 or the Criminal Code of 2012 if 
11the offense was committed on or after January 1, 1999, and

12other than when the sentence is imposed for aggravated arson if 
13the offense was
committed on or after July 27, 2001 (the 
14effective date of Public Act
92-176), and
other than when the 
15sentence is imposed for aggravated driving under the influence 
16of alcohol,
other drug or drugs, or intoxicating compound or 
17compounds, or any combination
thereof as defined in 
18subparagraph (C) of paragraph (1) of subsection (d) of
Section 
1911-501 of the Illinois Vehicle Code committed on or after 
20January 1, 2011 (the effective date of Public Act 96-1230), the

21judge's statement, to be given after pronouncing the sentence, 
22shall include
the following:

23 "The purpose of this statement is to inform the public of 
24the actual period
of time this defendant is likely to spend in 
25prison as a result of this
sentence. The actual period of 
26prison time served is determined by the
statutes of Illinois as 
 
 
10000SB1722sam002- 106 -LRB100 11347 RLC 23204 a


1applied to this sentence by the Illinois Department of

2Corrections and the Illinois Prisoner Review Board. In this 
3case,
assuming the defendant
receives all of his or her 
4sentence credit, the period of estimated actual
custody is ... 
5years and ... months, less up to 90 days additional sentence 
6credit for good conduct. If the defendant, because of his or

7her own misconduct or failure to comply with the institutional 
8regulations,
does not receive those credits, the actual time 
9served in prison will be
longer. The defendant may also receive 
10an additional one-half day sentence
credit for each day of 
11participation in vocational, industry, substance abuse,
and 
12educational programs as provided for by Illinois statute."

13 When the sentence is imposed for one of the offenses 
14enumerated in paragraph
(a)(2) of Section 3-6-3, other than 
15first degree murder, and the offense was
committed on or after 
16June 19, 1998, and when the sentence is imposed for
reckless 
17homicide as defined in subsection (e) of Section 9-3 of the 
18Criminal
Code of 1961 or the Criminal Code of 2012 if the 
19offense was committed on or after January 1, 1999,
and when the 
20sentence is imposed for aggravated driving under the influence

21of alcohol, other drug or drugs, or intoxicating compound or 
22compounds, or
any combination thereof as defined in 
23subparagraph (F) of paragraph (1) of
subsection (d) of Section 
2411-501 of the Illinois Vehicle Code, and when
the sentence is 
25imposed for aggravated arson if the offense was committed
on or 
26after July 27, 2001 (the effective date of Public Act 92-176), 
 
 
10000SB1722sam002- 107 -LRB100 11347 RLC 23204 a


1and when
the sentence is imposed for aggravated driving under 
2the influence of alcohol,
other drug or drugs, or intoxicating 
3compound or compounds, or any combination
thereof as defined in 
4subparagraph (C) of paragraph (1) of subsection (d) of
Section 
511-501 of the Illinois Vehicle Code committed on or after 
6January 1, 2011 (the effective date of Public Act 96-1230), the 
7judge's
statement, to be given after pronouncing the sentence, 
8shall include the
following:

9 "The purpose of this statement is to inform the public of 
10the actual period
of time this defendant is likely to spend in 
11prison as a result of this
sentence. The actual period of 
12prison time served is determined by the
statutes of Illinois as 
13applied to this sentence by the Illinois Department of

14Corrections and
the Illinois Prisoner Review Board. In this 
15case,
the defendant is entitled to no more than 4 1/2 days of 
16sentence credit for
each month of his or her sentence of 
17imprisonment. Therefore, this defendant
will serve at least 85% 
18of his or her sentence. Assuming the defendant
receives 4 1/2 
19days credit for each month of his or her sentence, the period

20of estimated actual custody is ... years and ... months. If the 
21defendant,
because of his or her own misconduct or failure to 
22comply with the
institutional regulations receives lesser 
23credit, the actual time served in
prison will be longer."

24 When a sentence of imprisonment is imposed for first degree 
25murder and
the offense was committed on or after June 19, 1998, 
26the judge's statement,
to be given after pronouncing the 
 
 
10000SB1722sam002- 108 -LRB100 11347 RLC 23204 a


1sentence, shall include the following:

2 "The purpose of this statement is to inform the public of 
3the actual period
of time this defendant is likely to spend in 
4prison as a result of this
sentence. The actual period of 
5prison time served is determined by the
statutes of Illinois as 
6applied to this sentence by the Illinois Department
of 
7Corrections and the Illinois Prisoner Review Board. In this 
8case, the
defendant is not entitled to sentence credit. 
9Therefore, this defendant
will serve 100% of his or her 
10sentence."

11 When the sentencing order recommends placement in a 
12substance abuse program for any offense that results in 
13incarceration
in a Department of Corrections facility and the 
14crime was
committed on or after September 1, 2003 (the 
15effective date of Public Act
93-354), the judge's
statement, in 
16addition to any other judge's statement required under this

17Section, to be given after pronouncing the sentence, shall 
18include the
following:

19 "The purpose of this statement is to inform the public of

20the actual period of time this defendant is likely to spend in

21prison as a result of this sentence. The actual period of

22prison time served is determined by the statutes of Illinois as

23applied to this sentence by the Illinois Department of

24Corrections and the Illinois Prisoner Review Board. In this

25case, the defendant shall receive no sentence credit for good 
26conduct under clause (3) of subsection (a) of Section 3-6-3 
 
 
10000SB1722sam002- 109 -LRB100 11347 RLC 23204 a


1until he or
she participates in and completes a substance abuse 
2treatment program or receives a waiver from the Director of 
3Corrections pursuant to clause (4.5) of subsection (a) of 
4Section 3-6-3."

5 (c-4) Before the sentencing hearing and as part of the 
6presentence investigation under Section 5-3-1, the court shall 
7inquire of the defendant whether the defendant is currently 
8serving in or is a veteran of the Armed Forces of the United 
9States.
If the defendant is currently serving in the Armed 
10Forces of the United States or is a veteran of the Armed Forces 
11of the United States and has been diagnosed as having a mental 
12illness by a qualified psychiatrist or clinical psychologist or 
13physician, the court may:
14  (1) order that the officer preparing the presentence 
15 report consult with the United States Department of 
16 Veterans Affairs, Illinois Department of Veterans' 
17 Affairs, or another agency or person with suitable 
18 knowledge or experience for the purpose of providing the 
19 court with information regarding treatment options 
20 available to the defendant, including federal, State, and 
21 local programming; and
22  (2) consider the treatment recommendations of any 
23 diagnosing or treating mental health professionals 
24 together with the treatment options available to the 
25 defendant in imposing sentence.
26 For the purposes of this subsection (c-4), "qualified 
 
 
10000SB1722sam002- 110 -LRB100 11347 RLC 23204 a


1psychiatrist" means a reputable physician licensed in Illinois 
2to practice medicine in all its branches, who has specialized 
3in the diagnosis and treatment of mental and nervous disorders 
4for a period of not less than 5 years. 
5 (c-6) In imposing a sentence, the trial judge shall 
6specify, on the record, the particular evidence and other 
7reasons which led to his or her determination that a motor 
8vehicle was used in the commission of the offense. 
9 (d) When the defendant is committed to the Department of

10Corrections, the State's Attorney shall and counsel for the 
11defendant
may file a statement with the clerk of the court to 
12be transmitted to
the department, agency or institution to 
13which the defendant is
committed to furnish such department, 
14agency or institution with the
facts and circumstances of the 
15offense for which the person was
committed together with all 
16other factual information accessible to them
in regard to the 
17person prior to his commitment relative to his habits,

18associates, disposition and reputation and any other facts and

19circumstances which may aid such department, agency or 
20institution
during its custody of such person. The clerk shall 
21within 10 days after
receiving any such statements transmit a 
22copy to such department, agency
or institution and a copy to 
23the other party, provided, however, that
this shall not be 
24cause for delay in conveying the person to the
department, 
25agency or institution to which he has been committed.

26 (e) The clerk of the court shall transmit to the 
 
 
10000SB1722sam002- 111 -LRB100 11347 RLC 23204 a


1department,
agency or institution, if any, to which the 
2defendant is committed, the
following:


3  (1) the sentence imposed;


4  (2) any statement by the court of the basis for 
5 imposing the sentence;


6  (3) any presentence reports;

7  (3.5) any sex offender evaluations;

8  (3.6) any substance abuse treatment eligibility 
9 screening and assessment of the defendant by an agent 
10 designated by the State of Illinois to provide assessment 
11 services for the Illinois courts;


12  (4) the number of days, if any, which the defendant has 
13 been in
custody and for which he is entitled to credit 
14 against the sentence,
which information shall be provided 
15 to the clerk by the sheriff;


16  (4.1) any finding of great bodily harm made by the 
17 court with respect
to an offense enumerated in subsection 
18 (c-1);


19  (5) all statements filed under subsection (d) of this 
20 Section;


21  (6) any medical or mental health records or summaries 
22 of the defendant;


23  (7) the municipality where the arrest of the offender 
24 or the commission
of the offense has occurred, where such 
25 municipality has a population of
more than 25,000 persons;


26  (8) all statements made and evidence offered under 
 
 
10000SB1722sam002- 112 -LRB100 11347 RLC 23204 a


1 paragraph (7) of
subsection (a) of this Section; and


2  (9) all additional matters which the court directs the 
3 clerk to
transmit.

4 (f) In cases in which the court finds that a motor vehicle 
5was used in the commission of the offense for which the 
6defendant is being sentenced, the clerk of the court shall, 
7within 5 days thereafter, forward a report of such conviction 
8to the Secretary of State. 
9(Source: P.A. 99-861, eff. 1-1-17.)

10 (730 ILCS 5/5-4.5-25)
11 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
12felony:
13 (a) TERM. The sentence of imprisonment shall be a 
14determinate sentence of not less than 6 years and not more than 
1530 years. The sentence of imprisonment for an extended term 
16Class X felony, as provided in Section 5-8-2 (730 ILCS 
175/5-8-2), shall be not less than 30 years and not more than 60 
18years.

19 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
20shall not be imposed.

21 (c) IMPACT INCARCERATION. The impact incarceration program 
22or the county impact incarceration program is not an authorized 
23disposition.

24 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
25probation or conditional discharge shall not be imposed.

 
 
10000SB1722sam002- 113 -LRB100 11347 RLC 23204 a


1 (e) FINE. Fines may be imposed as provided in Section 
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

3 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
4concerning restitution.

5 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
6be concurrent or consecutive as provided in Section 5-8-4 (730 
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

8 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
9Act (730 ILCS 166/20) concerning eligibility for a drug court 
10program.

11 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
12ILCS 5/5-4.5-100) concerning no credit for time spent in home 
13detention prior to judgment.

14 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
15for rules and regulations for sentence credit.

16 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
175/5-8A-3) concerning eligibility for electronic home 
18detention.

19 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
20provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
215/5-8-1), the parole or mandatory supervised release term shall 
22be 18 months 3 years upon release from imprisonment.


23(Source: P.A. 97-697, eff. 6-22-12.)

24 (730 ILCS 5/5-4.5-30)
25 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
 
 
10000SB1722sam002- 114 -LRB100 11347 RLC 23204 a


1felony:
2 (a) TERM. The sentence of imprisonment, other than for 
3second degree murder, shall be a determinate sentence of not 
4less than 4 years and not more than 15 years. The sentence of 
5imprisonment for second degree murder shall be a determinate 
6sentence of not less than 4 years and not more than 20 years. 
7The sentence of imprisonment for an extended term Class 1 
8felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall 
9be a term not less than 15 years and not more than 30 years.

10 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
11imprisonment shall be for a definite term of from 3 to 4 years, 
12except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
13ILCS 5/5-5-3 or 5/5-7-1).

14 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
15(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
16the impact incarceration program or the county impact 
17incarceration program.

18 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
19in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
20period of probation or conditional discharge shall not exceed 4 
21years. The court shall specify the conditions of probation or 
22conditional discharge as set forth in Section 5-6-3 (730 ILCS 
235/5-6-3). In no case shall an offender be eligible for a 
24disposition of probation or conditional discharge for a Class 1 
25felony committed while he or she was serving a term of 
26probation or conditional discharge for a felony.

 
 
10000SB1722sam002- 115 -LRB100 11347 RLC 23204 a


1 (e) FINE. Fines may be imposed as provided in Section 
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

3 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
4concerning restitution.

5 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
6be concurrent or consecutive as provided in Section 5-8-4 (730 
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

8 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
9Act (730 ILCS 166/20) concerning eligibility for a drug court 
10program.

11 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
12ILCS 5/5-4.5-100) concerning credit for time spent in home 
13detention prior to judgment.

14 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
15ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
16(730 ILCS 130/) for rules and regulations for sentence credit.

17 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
185/5-8A-3) concerning eligibility for electronic home 
19detention.

20 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
21provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
225/5-8-1), the parole or mandatory supervised release term shall 
23be 18 months 2 years upon release from imprisonment.


24(Source: P.A. 97-697, eff. 6-22-12.)

25 (730 ILCS 5/5-4.5-35)
 
 
10000SB1722sam002- 116 -LRB100 11347 RLC 23204 a


1 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 
2felony:
3 (a) TERM. The sentence of imprisonment shall be a 
4determinate sentence of not less than 3 years and not more than 
57 years. The sentence of imprisonment for an extended term 
6Class 2 felony, as provided in Section 5-8-2 (730 ILCS 
75/5-8-2), shall be a term not less than 7 years and not more 
8than 14 years.

9 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
10imprisonment shall be for a definite term of from 18 to 30 
11months, except as otherwise provided in Section 5-5-3 or 5-7-1 
12(730 ILCS 5/5-5-3 or 5/5-7-1).

13 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
14(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
15the impact incarceration program or the county impact 
16incarceration program.

17 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
18in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
19period of probation or conditional discharge shall not exceed 4 
20years. The court shall specify the conditions of probation or 
21conditional discharge as set forth in Section 5-6-3 (730 ILCS 
225/5-6-3).

23 (e) FINE. Fines may be imposed as provided in Section 
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

25 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
26concerning restitution.

 
 
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1 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
2be concurrent or consecutive as provided in Section 5-8-4 (730 
3ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

4 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
5Act (730 ILCS 166/20) concerning eligibility for a drug court 
6program.

7 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
8ILCS 5/5-4.5-100) concerning credit for time spent in home 
9detention prior to judgment.

10 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
11ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
12(730 ILCS 130/) for rules and regulations for sentence credit.

13 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
145/5-8A-3) concerning eligibility for electronic home 
15detention.

16 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
17provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
185/5-8-1), the parole or mandatory supervised release term shall 
19be 18 months 2 years upon release from imprisonment.


20(Source: P.A. 97-697, eff. 6-22-12.)

21 (730 ILCS 5/5-4.5-95)
22 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
23 (a) HABITUAL CRIMINALS.
24  (1) Every person who has been twice convicted in any 
25 state or federal court of an offense that contains the same 
 
 
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1 elements as an offense now (the date of the offense 
2 committed after the 2 prior convictions) classified in 
3 Illinois as a Class X felony, criminal sexual assault, 
4 aggravated kidnapping, or first degree murder, and who is 
5 thereafter convicted of a Class X felony, criminal sexual 
6 assault, or first degree murder, committed after the 2 
7 prior convictions, shall be adjudged an habitual criminal.
8  (2) The 2 prior convictions need not have been for the 
9 same offense.
10  (3) Any convictions that result from or are connected 
11 with the same transaction, or result from offenses 
12 committed at the same time, shall be counted for the 
13 purposes of this Section as one conviction.
14  (4) This Section does not apply unless each of the 
15 following requirements are satisfied:
16   (A) The third offense was committed after July 3, 
17 1980.
18   (B) The third offense was committed within 20 years 
19 of the date that judgment was entered on the first 
20 conviction; provided, however, that time spent in 
21 custody shall not be counted.
22   (C) The third offense was committed after 
23 conviction on the second offense.
24   (D) The second offense was committed after 
25 conviction on the first offense.
26  (5) Anyone who, having attained the age of 18 at the 
 
 
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1 time of the third offense, is adjudged an habitual criminal 
2 shall be sentenced to a term of natural life imprisonment.
3  (6) A prior conviction shall not be alleged in the 
4 indictment, and no evidence or other disclosure of that 
5 conviction shall be presented to the court or the jury 
6 during the trial of an offense set forth in this Section 
7 unless otherwise permitted by the issues properly raised in 
8 that trial. After a plea or verdict or finding of guilty 
9 and before sentence is imposed, the prosecutor may file 
10 with the court a verified written statement signed by the 
11 State's Attorney concerning any former conviction of an 
12 offense set forth in this Section rendered against the 
13 defendant. The court shall then cause the defendant to be 
14 brought before it; shall inform the defendant of the 
15 allegations of the statement so filed, and of his or her 
16 right to a hearing before the court on the issue of that 
17 former conviction and of his or her right to counsel at 
18 that hearing; and unless the defendant admits such 
19 conviction, shall hear and determine the issue, and shall 
20 make a written finding thereon. If a sentence has 
21 previously been imposed, the court may vacate that sentence 
22 and impose a new sentence in accordance with this Section.
23  (7) A duly authenticated copy of the record of any 
24 alleged former conviction of an offense set forth in this 
25 Section shall be prima facie evidence of that former 
26 conviction; and a duly authenticated copy of the record of 
 
 
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1 the defendant's final release or discharge from probation 
2 granted, or from sentence and parole supervision (if any) 
3 imposed pursuant to that former conviction, shall be prima 
4 facie evidence of that release or discharge.
5  (8) Any claim that a previous conviction offered by the 
6 prosecution is not a former conviction of an offense set 
7 forth in this Section because of the existence of any 
8 exceptions described in this Section, is waived unless duly 
9 raised at the hearing on that conviction, or unless the 
10 prosecution's proof shows the existence of the exceptions 
11 described in this Section.
12  (9) If the person so convicted shows to the 
13 satisfaction of the court before whom that conviction was 
14 had that he or she was released from imprisonment, upon 
15 either of the sentences upon a pardon granted for the 
16 reason that he or she was innocent, that conviction and 
17 sentence shall not be considered under this Section.

18 (b) When a defendant, over the age of 21 years, is 
19convicted of a Class 1 or Class 2 felony, except for an offense 
20listed in subsection (c) of this Section, after having twice 
21been convicted in any state or federal court of an offense that 
22contains the same elements as an offense now (the date the 
23Class 1 or Class 2 felony was committed) classified in Illinois 
24as a Class 2 or greater Class felony, except for an offense 
25listed in subsection (c) of this Section, and those charges are 
26separately brought and tried and arise out of different series 
 
 
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1of acts, that defendant shall be sentenced as a Class X 
2offender. This subsection does not apply unless:
3  (1) the first felony was committed after February 1, 
4 1978 (the effective date of Public Act 80-1099);
5  (2) the second felony was committed after conviction on 
6 the first; and
7  (3) the third felony was committed after conviction on 
8 the second.
9 (c) Subsection (b) of this Section does not apply to Class 
101 or Class 2 felony convictions for a violation of: 
11  (1) subsections (c) or (d) of Section 401, or 
12 subsection (a) of Section 402 of the Illinois Controlled 
13 Substances Act; 
14  (2) Section 4 or Section 5 of the Cannabis Control Act; 
15  (3) Section 16-1 of the Criminal Code of 2012. 
16 A person sentenced as a Class X offender under this 
17subsection (b) is not eligible to apply for treatment as a 
18condition of probation as provided by Section 40-10 of the 
19Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 
20301/40-10).

21(Source: P.A. 99-69, eff. 1-1-16.)

22 (730 ILCS 5/5-4.5-110 new)
23 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
24PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
25 (a) DEFINITIONS. For the purposes of this Section:
 
 
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1  "Firearm" has the meaning ascribed to it in Section 1.1 
2 of the Firearm Owners Identification Card Act.
3  "Qualifying predicate offense" means the following 
4 offenses under the Criminal Code of 2012:
5   (A) aggravated unlawful use of a weapon under 
6 Section 24-1.6 or similar offense under the Criminal 
7 Code of 1961, when the weapon is a firearm; 
8   (B) unlawful use or possession of a weapon by a 
9 felon under 24-1.1 or similar offense under the 
10 Criminal Code of 1961, when the
weapon is a firearm;
11   (C) first degree murder under Section 9-1 or 
12 similar offense under the Criminal Code of 1961;
13   (D) attempted first degree murder with a firearm or 
14 similar offense under the Criminal Code of 1961;
15   (E) aggravated kidnapping with a firearm under 
16 paragraph (6) or (7) of subsection (a) of Section 10-2 
17 or similar offense under the Criminal Code of 1961;
18   (F) aggravated battery with a firearm under 
19 subsection (e) of Section 12-3.05 or similar offense 
20 under the Criminal Code of 1961;
21   (G) aggravated criminal sexual assault under 
22 Section 11-1.30 or similar offense under the Criminal 
23 Code of 1961;
24   (H) predatory criminal sexual assault of a child 
25 under Section 11-1.40 or similar offense under the 
26 Criminal Code of 1961;
 
 
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1   (I) armed robbery under Section 18-2 or similar 
2 offense under the Criminal Code of 1961;
3   (J) vehicular hijacking under Section 18-3 or 
4 similar offense under the Criminal Code of 1961;
5   (K) aggravated vehicular hijacking under Section 
6 18-4 or similar offense under the Criminal Code of 
7 1961;
8   (L) home invasion with a firearm under paragraph 
9 (3), (4), or (5) of subsection (a) of Section 19-6 or 
10 similar offense under the Criminal Code of 1961;
11   (M) aggravated discharge of a firearm under 
12 Section 24-1.2 or similar offense under the Criminal 
13 Code of 1961;
14   (N) aggravated discharge of a machine gun or a 
15 firearm equipped with a device
designed or used for 
16 silencing the report of a firearm under Section 
17 24-1.2-5 or similar offense under the Criminal Code of 
18 1961;
19   (0) unlawful use of firearm projectiles under 
20 Section 24-2.1 or similar offense under the Criminal 
21 Code of 1961;
22   (P) manufacture, sale, or transfer of bullets or 
23 shells represented to be armor piercing
bullets, 
24 dragon's breath shotgun shells, bolo shells, or 
25 flechette shells under Section 24-2.2 or similar 
26 offense under the Criminal Code of 1961;
 
 
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1   (Q) unlawful sale or delivery of firearms under 
2 Section 24-3 or similar offense under the Criminal Code 
3 of 1961;
4   (R) unlawful discharge of firearm projectiles 
5 under Section 24-3.2 or similar offense under the 
6 Criminal Code of 1961;
7   (S) unlawful sale or delivery of firearms on school 
8 premises of any school under Section 24-3.3 or similar 
9 offense under the Criminal Code of 1961;
10   (T) unlawful purchase of a firearm under Section 
11 24-3.5 or similar offense under the Criminal Code of 
12 1961;
13   (U) use of a stolen firearm in the commission of an 
14 offense under Section 24-3.7 or similar offense under 
15 the Criminal Code of 1961;
16   (V) possession of a stolen firearm under Section 
17 24-3.8 or similar offense under the Criminal Code of 
18 1961;
19   (W) aggravated possession of a stolen firearm 
20 under Section 24-3.9 or similar offense under the 
21 Criminal Code of 1961;
22   (X) gunrunning under Section 24-3A or similar 
23 offense under the Criminal Code of 1961;
24   (Y) defacing identification marks of firearms 
25 under Section 24-5 or similar offense under the 
26 Criminal Code of 1961; and
 
 
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1   (Z) armed violence under Section 33A-2 or similar 
2 offense under the Criminal Code of 1961. 
3 (b) APPLICABILITY. On or after the effective date of this 
4amendatory Act of the 100th General Assembly, when a person is 
5convicted of unlawful use or possession of a weapon by a felon, 
6when the weapon is a firearm, or aggravated unlawful use of a 
7weapon, when the weapon is a firearm, after being previously 
8convicted of a qualifying predicate offense the person shall be 
9subject to the sentencing guidelines under this Section.
10 (c) SENTENCING GUIDELINES.
11  (1) When a person is convicted of unlawful use or 
12 possession of a weapon by a felon, when the weapon is a 
13 firearm, and that person has been previously convicted of a 
14 qualifying predicate offense, the person shall be 
15 sentenced to a term of imprisonment within the sentencing 
16 range of not less than 7 years and not more than 14 years, 
17 unless the court finds that a departure from the sentencing 
18 guidelines under this paragraph is warranted under 
19 subsection (d) of this Section.
20  (2) When a person is convicted of aggravated unlawful 
21 use of a weapon, when the weapon is a firearm, and that 
22 person has been previously convicted of a qualifying 
23 predicate offense, the person shall be sentenced to a term 
24 of imprisonment within the sentencing range of not less 
25 than 6 years and not more than 7 years, unless the court 
26 finds that a departure from the sentencing guidelines under 
 
 
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1 this paragraph is warranted under subsection (d) of this 
2 Section. 
3 (d) DEPARTURE FROM SENTENCING GUIDELINES.
4  (1) At the sentencing hearing conducted under Section 
5 5-4-1 of this Code, the court may depart from the

6 sentencing guidelines provided in subsection (c) of this 
7 Section and impose a sentence
otherwise authorized by law 
8 for the offense if the court, after considering any factor 
9 under paragraph (2) of this subsection (d) relevant to the 
10 nature and
circumstances of the crime and to the history 
11 and character of the defendant, finds on the record

12 substantial and compelling justification that the sentence 
13 within the sentencing guidelines would be unduly harsh and

14 that a sentence otherwise authorized by law would be 
15 consistent with public
safety and does not deprecate the 
16 seriousness of the offense.
17  (2) In deciding whether to depart from the sentencing 
18 guidelines under this paragraph, the court shall
consider:
19   (A) the age, immaturity, or limited mental 
20 capacity of the defendant at the time of
commission of 
21 the qualifying predicate or current offense, including 
22 whether the defendant
was suffering from a mental or 
23 physical condition insufficient to constitute a

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

7 (730 ILCS 5/5-6-3.3)
8 Sec. 5-6-3.3. Offender Initiative Program.
9 (a) Statement of purpose. The General Assembly seeks to

10continue other successful programs that promote public safety,

11conserve valuable resources, and reduce recidivism by

12defendants who can lead productive lives by creating the

13Offender Initiative Program.
14 (a-1) Whenever any person who has not previously been

15convicted of, or placed on probation or conditional discharge

16for, any felony offense under the laws of this State, the laws

17of any other state, or the laws of the United States, is

18arrested for and charged with a probationable felony offense of 
19theft, retail theft, forgery, possession of a stolen motor

20vehicle, burglary, possession of burglary tools, deceptive 
21practices, disorderly conduct, criminal damage or trespass to 
22property under Article 21 of the Criminal Code of 2012, 
23criminal trespass to a residence, obstructing justice, or an 
24offense involving fraudulent identification, or possession of

25cannabis, possession of a controlled substance, or possession

 
 
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1of methamphetamine, the court, with the consent of the

2defendant and the State's Attorney, may continue this matter to

3allow a defendant to participate and complete the Offender

4Initiative Program.
5 (a-2) Exemptions. A defendant shall not be eligible for 
6this Program if the offense he or she has been arrested for and 
7charged with is a violent offense. For purposes of this

8Program, a "violent offense" is any offense where bodily harm

9was inflicted or where force was used against any person or

10threatened against any person, any offense involving sexual

11conduct, sexual penetration, or sexual exploitation, any

12offense of domestic violence, domestic battery, violation of an

13order of protection, stalking, hate crime, driving under the

14influence of drugs or alcohol, and any offense involving the

15possession of a firearm or dangerous weapon. A defendant shall

16not be eligible for this Program if he or she has previously

17been adjudicated a delinquent minor for the commission of a

18violent offense as defined in this subsection.
19 (b) When a defendant is placed in the Program, after both 
20the defendant and State's Attorney waive preliminary hearing 
21pursuant to Section 109-3 of the Code of Criminal Procedure of 
221963, the court
shall enter an order specifying that
the 
23proceedings shall be suspended while the defendant is 
24participating in a Program of not less 12 months.
25 (c) The conditions of the Program shall be that the

26defendant:
 
 
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1  (1) not violate any criminal statute of this State or

2 any other jurisdiction;
3  (2) refrain from possessing a firearm or other

4 dangerous weapon;
5  (3) make full restitution to the victim or property

6 owner pursuant to Section 5-5-6 of this Code;
7  (4) obtain employment or perform not less than 30 hours

8 of community service, provided community service is

9 available in the county and is funded and approved by the

10 county board; and
11  (5) attend educational courses designed to prepare the

12 defendant for obtaining a high school diploma or to work

13 toward passing high school equivalency testing or to work 
14 toward
completing a vocational training program.
15 (d) The court may, in addition to other conditions, require

16that the defendant:
17  (1) undergo medical or psychiatric treatment, or

18 treatment or rehabilitation approved by the Illinois

19 Department of Human Services;
20  (2) refrain from having in his or her body the presence

21 of any illicit drug prohibited by the Methamphetamine

22 Control and Community Protection Act, the Cannabis Control

23 Act or the Illinois Controlled Substances Act, unless

24 prescribed by a physician, and submit samples of his or her

25 blood or urine or both for tests to determine the presence

26 of any illicit drug;
 
 
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1  (3) submit to periodic drug testing at a time, manner, 
2 and frequency as ordered by the court;
3  (4) pay fines, fees and costs; and
4  (5) in addition, if a minor:
5   (i) reside with his or her parents or in a foster

6 home;
7   (ii) attend school;
8   (iii) attend a non-residential program for youth;

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

11 or in a foster home.
12 (e) When the State's Attorney makes a factually specific 
13offer of proof that the defendant has failed to successfully 
14complete the Program or has violated any of the conditions of 
15the Program, the court shall enter an order that the defendant 
16has not successfully completed the Program and continue the 
17case for arraignment pursuant to Section 113-1 of the Code of 
18Criminal Procedure of 1963 for further proceedings as if the 
19defendant had not participated in the Program.
20 (f) Upon fulfillment of the terms and conditions of the

21Program, the State's Attorney shall dismiss the case or the 
22court shall discharge the person and dismiss the
proceedings 
23against the person.
24 (g) A person may only have There may be only one discharge 
25and dismissal under
this Section within a 4-year period with 
26respect to any person.

 
 
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1 (h) Notwithstanding subsection (a-1), if the court finds 
2that the defendant suffers from a substance abuse problem, then 
3before the person participates in the Program under this 
4Section, the court may refer the person to the drug court 
5established in that judicial circuit pursuant to Section 15 of 
6the Drug Court Treatment Act. The drug court team shall 
7evaluate the person's likelihood of successfully fulfilling 
8the terms and conditions of the Program under this Section and 
9shall report the results of its evaluation to the court. If the 
10drug court team finds that the person suffers from a substance 
11abuse problem that makes him or her substantially unlikely to 
12successfully fulfill the terms and conditions of the Program, 
13then the drug court shall set forth its findings in the form of 
14a written order, and the person shall be ineligible to 
15participate in the Program under this Section, but shall may be 
16considered for the drug court program.
17(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)

18 (730 ILCS 5/5-6-3.4)
19 Sec. 5-6-3.4. Second Chance Probation. 
20 (a) Whenever any person who has not previously been 
21convicted of, or placed on probation or conditional discharge 
22for, any felony offense under the laws of this State, the laws 
23of any other state, or the laws of the United States, including 
24probation under Section 410 of the Illinois Controlled 
25Substances Act, Section 70 of the Methamphetamine Control and 
 
 
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1Community Protection Act, Section 10 of the Cannabis Control 
2Act, subsection (c) of Section 11-14 of the Criminal Code of 
32012, Treatment Alternatives for Criminal Justice Clients 
4(TASC) under Article 40 of the Alcoholism and Other Drug Abuse 
5and Dependency Act, or prior successful completion of the 
6Offender Initiative Program under Section 5-6-3.3 of this Code, 
7and pleads guilty to, or is found guilty of, a probationable 
8felony offense of possession of less than 15 grams of a 
9controlled substance that is punishable as a Class 4 felony; 
10possession of
less than 15 grams of methamphetamine that is 
11punishable as a Class 4 felony; or a probationable felony 
12offense of possession of cannabis, theft, retail theft, 
13forgery, deceptive practices, possession of a stolen motor 
14vehicle, burglary, possession of burglary tools, disorderly 
15conduct, criminal damage or trespass to property under Article 
1621 of the Criminal Code of 2012, criminal trespass to a 
17residence, an offense involving fraudulent identification, or 
18obstructing justice; theft that is punishable as a Class 3 
19felony based on the value of the property or punishable as a 
20Class 4 felony if the theft was committed in a school or place 
21of worship or if the theft was of governmental property; retail

22theft that is punishable as a Class 3 felony based on the value 
23of the property; criminal damage to property that is punishable 
24as a Class 4 felony; criminal damage to
government supported 
25property that is punishable as a Class 4 felony; or possession 
26of cannabis which is punishable as a Class 4 felony, the court, 
 
 
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1with the consent of the defendant and the State's Attorney, 
2may, without entering a judgment, sentence the defendant to 
3probation under this Section.
4 (a-1) Exemptions. A defendant is not eligible for this 
5probation if the offense he or she pleads guilty to, or is 
6found guilty of, is a violent offense, or he or she has 
7previously been convicted of a violent offense. For purposes of 
8this probation, a "violent offense" is any offense where bodily 
9harm was inflicted or where force was used against any person 
10or threatened against any person, any offense involving sexual 
11conduct, sexual penetration, or sexual exploitation, any 
12offense of domestic violence, domestic battery, violation of an 
13order of protection, stalking, hate crime, driving under the 
14influence of drugs or alcohol, and any offense involving the 
15possession of a firearm or dangerous weapon. A defendant shall 
16not be eligible for this probation if he or she has previously 
17been adjudicated a delinquent minor for the commission of a 
18violent offense as defined in this subsection.
19 (b) When a defendant is placed on probation, the court 
20shall enter an order specifying a period of probation of not 
21less than 24 months and shall defer further proceedings in the 
22case until the conclusion of the period or until the filing of 
23a petition alleging violation of a term or condition of 
24probation.
25 (c) The conditions of probation shall be that the 
26defendant:
 
 
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1  (1) not violate any criminal statute of this State or 
2 any other jurisdiction;
3  (2) refrain from possessing a firearm or other 
4 dangerous weapon;
5  (3) make full restitution to the victim or property 
6 owner under Section 5-5-6 of this Code;
7  (4) obtain or attempt to obtain employment;
8  (5) pay fines and costs;
9  (6) attend educational courses designed to prepare the 
10 defendant for obtaining a high school diploma or to work 
11 toward passing high school equivalency testing or to work 
12 toward completing a vocational training program;
13  (7) submit to periodic drug testing at a time and in a 
14 manner as ordered by the court, but no less than 3 times 
15 during the period of probation, with the cost of the 
16 testing to be paid by the defendant; and
17  (8) perform a minimum of 30 hours of community service.
18 (d) The court may, in addition to other conditions, require 
19that the defendant:
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) undergo medical or psychiatric treatment, or 
25 treatment or rehabilitation approved by the Illinois 
26 Department of Human Services;
 
 
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1  (3) attend or reside in a facility established for the 
2 instruction or residence of defendants on probation;
3  (4) support his or her dependents; or
4  (5) refrain from having in his or her body the presence 
5 of any illicit drug prohibited by the Methamphetamine 
6 Control and Community Protection Act, the Cannabis Control 
7 Act, or the Illinois Controlled Substances Act, unless 
8 prescribed by a physician, and submit samples of his or her 
9 blood or urine or both for tests to determine the presence 
10 of any illicit drug.
11 (e) Upon violation of a term or condition of probation, the 
12court may enter a judgment on its original finding of guilt and 
13proceed as otherwise provided by law.
14 (f) Upon fulfillment of the terms and conditions of 
15probation, the court shall discharge the person and dismiss the 
16proceedings against the person.
17 (g) A disposition of probation is considered to be a 
18conviction for the purposes of imposing the conditions of 
19probation and for appeal; however, a discharge and dismissal 
20under this Section is not a conviction for purposes of this 
21Code or for purposes of disqualifications or disabilities 
22imposed by law upon conviction of a crime.
23 (h) A person may only have There may be only one discharge 
24and dismissal under this Section within a 4-year period , 
25Section 410 of the Illinois Controlled Substances Act, Section 
2670 of the Methamphetamine Control and Community Protection Act, 
 
 
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1Section 10 of the Cannabis Control Act, Treatment Alternatives 
2for Criminal Justice Clients (TASC) under Article 40 of the 
3Alcoholism and Other Drug Abuse and Dependency Act, the 
4Offender Initiative Program under Section 5-6-3.3 of this Code, 
5and subsection (c) of Section 11-14 of the Criminal Code of 
62012 with respect to any person.
7 (i) If a person is convicted of any offense which occurred 
8within 5 years subsequent to a discharge and dismissal under 
9this Section, the discharge and dismissal under this Section 
10shall be admissible in the sentencing proceeding for that 
11conviction as evidence in aggravation.

12 (j) Notwithstanding subsection (a), if the court finds that 
13the defendant suffers from a substance abuse problem, then 
14before the person is placed on probation under this Section, 
15the court may refer the person to the drug court established in 
16that judicial circuit pursuant to Section 15 of the Drug Court 
17Treatment Act. The drug court team shall evaluate the person's 
18likelihood of successfully fulfilling the terms and conditions 
19of probation under this Section and shall report the results of 
20its evaluation to the court. If the drug court team finds that 
21the person suffers from a substance abuse problem that makes 
22him or her substantially unlikely to successfully fulfill the 
23terms and conditions of probation under this Section, then the 
24drug court shall set forth its findings in the form of a 
25written order, and the person shall be ineligible to be placed 
26on probation under this Section, but shall may be considered 
 
 
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1for the drug court program.
2(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, 
3eff. 9-9-15.)



4 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)


5 Sec. 5-8-1. Natural life imprisonment; enhancements for 
6use of a firearm; mandatory supervised release terms. 

7 (a) Except as otherwise provided in the statute defining 
8the offense or in Article 4.5 of Chapter V, a
sentence of 
9imprisonment for a felony shall be a determinate sentence set 
10by
the court under this Section, according to the following 
11limitations:

12  (1) for first degree murder,

13   (a) (blank),

14   (b) if a trier of fact finds beyond a reasonable

15 doubt that the murder was accompanied by exceptionally

16 brutal or heinous behavior indicative of wanton 
17 cruelty or, except as set forth
in subsection (a)(1)(c) 
18 of this Section, that any of the aggravating factors

19 listed in subsection (b) or (b-5) of Section 9-1 of the 
20 Criminal Code of 1961 or the Criminal Code of 2012 are

21 present, the court may sentence the defendant, subject 
22 to Section 5-4.5-105, to a term of natural life

23 imprisonment, or

24   (c) the court shall sentence the defendant to a 
25 term of natural life
imprisonment if the defendant, at 
 
 
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1 the time of the commission of the murder, had attained 
2 the age of 18, and 

3    (i) has previously been convicted of first 
4 degree murder under
any state or federal law, or

5    (ii) is found guilty of murdering more
than one 
6 victim, or

7    (iii) is found guilty of murdering a peace 
8 officer, fireman, or emergency management worker 
9 when
the peace officer, fireman, or emergency 
10 management worker was killed in the course of 
11 performing his
official duties, or to prevent the 
12 peace officer or fireman from
performing his 
13 official duties, or in retaliation for the peace 
14 officer,
fireman, or emergency management worker 
15 from performing his official duties, and the 
16 defendant knew or should
have known that the 
17 murdered individual was a peace officer, fireman, 
18 or emergency management worker, or

19    (iv) is found guilty of murdering an employee 
20 of an institution or
facility of the Department of 
21 Corrections, or any similar local
correctional 
22 agency, when the employee was killed in the course 
23 of
performing his official duties, or to prevent 
24 the employee from performing
his official duties, 
25 or in retaliation for the employee performing his

26 official duties, or

 
 
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1    (v) is found guilty of murdering an emergency 
2 medical
technician - ambulance, emergency medical 
3 technician - intermediate, emergency
medical 
4 technician - paramedic, ambulance driver or other 
5 medical assistance or
first aid person while 
6 employed by a municipality or other governmental 
7 unit
when the person was killed in the course of 
8 performing official duties or
to prevent the 
9 person from performing official duties or in 
10 retaliation
for performing official duties and the 
11 defendant knew or should have known
that the 
12 murdered individual was an emergency medical 
13 technician - ambulance,
emergency medical 
14 technician - intermediate, emergency medical

15 technician - paramedic, ambulance driver, or other 
16 medical
assistant or first aid personnel, or

17    (vi) (blank), or

18    (vii) is found guilty of first degree murder 
19 and the murder was
committed by reason of any 
20 person's activity as a community policing 
21 volunteer
or to prevent any person from engaging in 
22 activity as a community policing
volunteer. For 
23 the purpose of this Section, "community policing 
24 volunteer"
has the meaning ascribed to it in 
25 Section 2-3.5 of the Criminal Code of 2012.

26   For purposes of clause (v), "emergency medical 
 
 
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1 technician - ambulance",
"emergency medical technician -
2  intermediate", "emergency medical technician -

3 paramedic", have the meanings ascribed to them in the 
4 Emergency Medical
Services (EMS) Systems Act.

5   (d) (i) if the person committed the offense while 
6 armed with a
firearm, 15 years shall be added to 
7 the term of imprisonment imposed by the
court;

8    (ii) if, during the commission of the offense, 
9 the person
personally discharged a firearm, 20 
10 years shall be added to the term of
imprisonment 
11 imposed by the court;

12    (iii) if, during the commission of the 
13 offense, the person
personally discharged a 
14 firearm that proximately caused great bodily harm,

15 permanent disability, permanent disfigurement, or 
16 death to another person, 25
years or up to a term 
17 of natural life shall be added to the term of

18 imprisonment imposed by the court.

19  (2) (blank);

20  (2.5) for a person who has attained the age of 18 years

21 at the time of the commission of the offense and
who is 
22 convicted under the circumstances described in subdivision 
23 (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
24 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
25 or paragraph (2) of subsection
(d) of Section 12-14, 
26 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
 
 
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1 of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
2 Section 11-1.40 or paragraph (2) of subsection (b) of 
3 Section 12-14.1
of the Criminal Code of 1961 or the 
4 Criminal Code of 2012, the sentence shall be a term of 
5 natural life
imprisonment.

6 (b) (Blank).

7 (c) (Blank).

8 (d) Subject to
earlier termination under Section 3-3-8, the 
9parole or mandatory
supervised release term shall be written as 
10part of the sentencing order and shall be as follows:

11  (1) for first degree murder or a Class X felony except 
12 for the offenses of predatory criminal sexual assault of a 
13 child, aggravated criminal sexual assault, and criminal 
14 sexual assault if committed on or after the effective date 
15 of this amendatory Act of the 94th General Assembly and 
16 except for the offense of aggravated child pornography 
17 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
18 sentencing under subsection (c-5) of Section 11-20.1 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012, if 
20 committed on or after January 1, 2009, 3 years;

21  (1.5) for a Class X felony except for the offenses of 
22 predatory criminal sexual assault of a child, aggravated 
23 criminal sexual assault, and criminal sexual assault if 
24 committed on or after December 13, 2005 (the effective date 
25 of Public Act 94-715) and except for the offense of 
26 aggravated child pornography under Section 11-20.1B, 
 
 
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1 11-20.3, or 11-20.1 with sentencing under subsection (c-5) 
2 of Section 11-20.1 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012, if committed on or after January 1, 
4 2009, 18 months; 
5  (2) for a Class 1 felony or a Class 2 felony except for 
6 the offense of criminal sexual assault if committed on or 
7 after December 13, 2005 (the effective date of Public Act 
8 94-715) this amendatory Act of the 94th General Assembly 
9 and except for the offenses of manufacture and 
10 dissemination of child pornography under clauses (a)(1) 
11 and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 
12 or the Criminal Code of 2012, if committed on or after 
13 January 1, 2009, 18 months; 2 years;

14  (3) for a Class 3 felony or a Class 4 felony, 1 year;

15  (4) for defendants who commit the offense of predatory 
16 criminal sexual assault of a child, aggravated criminal 
17 sexual assault, or criminal sexual assault, on or after 
18 December 13, 2005 (the effective date of Public Act 94-715) 
19 this amendatory Act of the 94th General Assembly, or who 
20 commit the offense of aggravated child pornography under 
21 Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing 
22 under subsection (c-5) of Section 11-20.1 of the Criminal 
23 Code of 1961 or the Criminal Code of 2012, manufacture of 
24 child pornography, or dissemination of child pornography 
25 after January 1, 2009, the term of mandatory supervised 
26 release shall range from a minimum of 3 years to a maximum 
 
 
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1 of the natural life of the defendant;

2  (5) if the victim is under 18 years of age, for a 
3 second or subsequent
offense of aggravated criminal sexual 
4 abuse or felony criminal sexual abuse,
4 years, at least 
5 the first 2 years of which the defendant shall serve in an

6 electronic home detention program under Article 8A of 
7 Chapter V of this Code;

8  (6) for a felony domestic battery, aggravated domestic 
9 battery, stalking, aggravated stalking, and a felony 
10 violation of an order of protection, 4 years. 
11 (e) (Blank).

12 (f) (Blank).

13(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)


14 (730 ILCS 5/5-8-8)
15 (Section scheduled to be repealed on December 31, 2020)
16 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
17 (a) Creation. There is created under the jurisdiction of 
18the Governor the Illinois Sentencing Policy Advisory Council, 
19hereinafter referred to as the Council.
20 (b) Purposes and goals. The purpose of the Council is to 
21review sentencing policies and practices and examine how these 
22policies and practices impact the criminal justice system as a 
23whole in the State of Illinois.
In carrying out its duties, the 
24Council shall be mindful of and aim to achieve the purposes of

25sentencing in Illinois, which are set out in Section 1-1-2 of 
 
 
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1this Code:
2  (1) prescribe sanctions proportionate to the 
3 seriousness of the offenses and permit the recognition of 
4 differences in rehabilitation possibilities among 
5 individual offenders;
6  (2) forbid and prevent the commission of offenses;
7  (3) prevent arbitrary or oppressive treatment of 
8 persons adjudicated offenders or delinquents; and
9  (4) restore offenders to useful citizenship.
10 (c) Council composition.
11  (1) The Council shall consist of the following members:
12   (A) the President of the Senate, or his or her 
13 designee;
14   (B) the Minority Leader of the Senate, or his or 
15 her designee;
16   (C) the Speaker of the House, or his or her 
17 designee;
18   (D) the Minority Leader of the House, or his or her 
19 designee;
20   (E) the Governor, or his or her designee;
21   (F) the Attorney General, or his or her designee;
22   (G) two retired judges, who may have been circuit, 
23 appellate, or supreme court judges; retired judges 
24 shall be selected by the members of the Council 
25 designated in clauses (c)(1)(A) through (L); 
26   (G-5) (blank); 
 
 
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1   (H) the Cook County State's Attorney, or his or her 
2 designee;
3   (I) the Cook County Public Defender, or his or her 
4 designee;
5   (J) a State's Attorney not from Cook County, 
6 appointed by the State's Attorney's
Appellate 
7 Prosecutor;
8   (K) the State Appellate Defender, or his or her 
9 designee;
10   (L) the Director of the Administrative Office of 
11 the Illinois Courts, or his or her designee; 
12   (M) a victim of a violent felony or a 
13 representative of a crime victims' organization,

14 selected by the members of the Council designated in 
15 clauses (c)(1)(A) through (L);
16   (N) a representative of a community-based 
17 organization, selected by the members of
the Council 
18 designated in clauses (c)(1)(A) through (L);
19   (O) a criminal justice academic researcher, to be 
20 selected by the members of the
Council designated in 
21 clauses (c)(1)(A) through (L);
22   (P) a representative of law enforcement from a unit 
23 of local government to be
selected by the members of 
24 the Council designated in clauses (c)(1)(A) through 
25 (L);
26   (Q) a sheriff selected by the members of the 
 
 
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1 Council designated in clauses (c)(1)(A) through (L); 
2 and 
3   (R) ex-officio members shall include:
4    (i) the Director of Corrections, or his or her 
5 designee;
6    (ii) the Chair of the Prisoner Review Board, or 
7 his or her designee;
8    (iii) the Director of the Illinois State 
9 Police, or his or her designee; and 
10    (iv) the Director of the Illinois Criminal 
11 Justice Information Authority, or his
or her 
12 designee.
13  (1.5) The Chair and Vice Chair shall be elected from 
14 among its members by a majority of the members of the 
15 Council.
16  (2) Members of the Council who serve because of their 
17 public office or position, or those who are designated as 
18 members by such officials, shall serve only as long as they 
19 hold such office or position.
20  (3) Council members shall serve without compensation 
21 but shall be reimbursed for travel and per diem expenses 
22 incurred in their work for the Council.
23  (4) The Council may exercise any power, perform any 
24 function, take any action, or do anything in furtherance of 
25 its purposes and goals
upon the appointment of a quorum of 
26 its members. The term of office of each member of the 
 
 
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1 Council ends on the date of repeal of this amendatory Act 
2 of the 96th General Assembly. 
3 (d) Duties. The Council shall perform, as resources permit, 
4duties including:
5  (1) Collect and analyze information including 
6 sentencing data, crime trends, and existing correctional 
7 resources to support legislative and executive action 
8 affecting the use of correctional resources on the State 
9 and local levels.
10  (2) Prepare criminal justice population projections 
11 annually, including correctional and community-based 
12 supervision populations.
13  (3) Analyze data relevant to proposed sentencing 
14 legislation and its effect on current policies or 
15 practices, and provide information to support 
16 evidence-based sentencing.
17  (4) Ensure that adequate resources and facilities are 
18 available for carrying out sentences imposed on offenders 
19 and that rational priorities are established for the use of 
20 those resources. To do so, the Council shall prepare 
21 criminal justice resource statements, identifying the 
22 fiscal and practical effects of proposed criminal 
23 sentencing legislation, including, but not limited to, the 
24 correctional population, court processes, and county or 
25 local government resources.
26  (4.5) Study and conduct a thorough analysis of 
 
 
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1 sentencing under Section 5-4.5-110 of this Code. The 
2 Sentencing Policy Advisory Council shall provide annual 
3 reports to the Governor and General Assembly, including the 
4 total number of persons sentenced under Section 5-4.5-110 
5 of this Code, the total number of departures from sentences 
6 under Section 5-4.5-110 of this Code, and an analysis of 
7 trends in sentencing and departures. On or before December 
8 31, 2022, the Sentencing Policy Advisory Council shall 
9 provide a report to the Governor and General Assembly on 
10 the effectiveness of sentencing under Section 5-4.5-110 of 
11 this Code, including recommendations on whether sentencing 
12 under Section 5-4.5-110 of this Code should be adjusted or 
13 continued. 
14  (5) Perform such other studies or tasks pertaining to 
15 sentencing policies as may be requested by the Governor or 
16 the Illinois General Assembly.
17  (6) Perform such other functions as may be required by 
18 law or as are necessary to carry out the purposes and goals 
19 of the Council prescribed in subsection (b).
20  (7) Publish a report on the trends in sentencing for 
21 offenders described in subsection (b-1) of Section 5-4-1 of 
22 this Code, the impact of the trends on the prison and 
23 probation populations, and any changes in the racial 
24 composition of the prison and probation populations that 
25 can be attributed to the changes made by adding subsection 
26 (b-1) of Section 5-4-1 to this Code by Public Act 99-861 
 
 
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1 this amendatory Act of the 99th General Assembly.
2 (e) Authority.
3  (1) The Council shall have the power to perform the 
4 functions necessary to carry out its duties, purposes and 
5 goals under this Act. In so doing, the Council shall 
6 utilize information and analysis developed by the Illinois 
7 Criminal Justice Information Authority, the Administrative 
8 Office of the Illinois Courts, and the Illinois Department 
9 of Corrections.
10  (2) Upon request from the Council, each executive 
11 agency and department of State and local government shall 
12 provide information and records to the Council in the 
13 execution of its duties.
14 (f) Report. The Council shall report in writing annually to 
15the General Assembly, the Illinois Supreme Court, and the 
16Governor.
17 (g) This Section is repealed on December 31, 2020. 

18(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; 
1999-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".