Sen. Bill Cunningham
Filed: 3/7/2013
 
 


 




09800SB1678sam001LRB098 09838 RLC 40921 a



1
AMENDMENT TO SENATE BILL 1678 




2 AMENDMENT NO. ______. Amend Senate Bill 1678 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 9 and by adding Section 9.5 as 
6follows:




7 (430 ILCS 65/9) (from Ch. 38, par. 83-9)



8 Sec. 9. 
Every person whose application for a Firearm 
9Owner's Identification
Card is denied, and every holder of such 
10a Card whose Card is revoked
or seized, shall receive a written 
11notice from the Department of State
Police stating specifically 
12the grounds upon which
his application has
been denied or upon 
13which his Identification Card has been revoked. The written 
14notice shall include the requirements of Section 9.5 of this 
15Act. A copy of the written notice shall be provided to the 
16sheriff and law enforcement agency where the person resides. 

 
 
09800SB1678sam001- 2 -LRB098 09838 RLC 40921 a


1(Source: P.A. 97-1131, eff. 1-1-13.)


2 (430 ILCS 65/9.5 new)
3 Sec. 9.5. Revocation of Firearm Owner's Identification

4Card.
5 (a) A person who receives a revocation notice under Section 
69 of this Act shall, within 48 hours of receiving notice of the 
7revocation:
8  (1) surrender his or her Firearm Owner's 
9 Identification Card to the local law enforcement agency 
10 where the person resides. The local law enforcement agency 
11 shall provide the person a receipt and transmit the Firearm 
12 Owner's Identification Card to the Department of State 
13 Police; and
14  (2) complete a Firearm Disposition Record on a form 
15 prescribed by the Department of State Police. The form 
16 shall require the person to disclose:
17   (A) the make, model, and serial number of all 
18 firearms owned by or under the custody and control of 
19 the revoked person;
20   (B) the location where the firearms will be 
21 maintained during the prohibited term; and
22   (C) if the firearms will be transferred to the 
23 custody of another person, the name, address and 
24 Identification number of the transferee.
25 (b) The local law enforcement agency shall provide a copy 
 
 
09800SB1678sam001- 3 -LRB098 09838 RLC 40921 a


1of the Firearm Disposition Record to the person whose Firearm 
2Owner's Identification Card has been revoked and to the 
3Department of State Police.
4 (c) If the person whose Firearm Owner's Identification Card 
5has been revoked fails to comply with the requirements of this 
6Section, the sheriff or law enforcement agency where the person 
7resides may petition the circuit court to issue a warrant to 
8search for and seize the Firearm Owner's Identification Card 
9and firearms in the possession and under the custody or control 
10of the person whose Firearm Owner's Identification Card has 
11been revoked.
12 (d) A violation of this Section is a Class 4 felony.
13 (e) The observation of an Firearm Owner's Identification 
14Card in the possession of a person whose Firearm Owner's 
15Identification Card has been revoked constitutes a sufficient 
16basis for the arrest of that person for violation of this 
17Section.
18 (f) Within 60 days after the effective date of this 
19amendatory Act of the 98th General Assembly, the Department of 
20State Police shall provide written notice of the requirements 
21of this Section to persons whose Firearm Owner's Identification 
22Cards have not expired and who have failed to surrender their 
23cards to the Department.
24 (g) Persons whose Firearm Owner's Identification Cards 
25have been revoked and who receive notice under subsection (f) 
26shall comply with the requirements of this Section within 48 
 
 
09800SB1678sam001- 4 -LRB098 09838 RLC 40921 a


1hours of receiving notice. 

2 Section 10. The Unified Code of Corrections is amended by 
3changing Sections 3-2-2, 3-6-3, and 5-8-1 as follows:



4 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)


5 Sec. 3-2-2. Powers and Duties of the Department. 

6 (1) In addition to the powers, duties and responsibilities 
7which are
otherwise provided by law, the Department shall have 
8the following powers:


9  (a) To accept persons committed to it by the courts of 
10 this State for
care, custody, treatment and 
11 rehabilitation, and to accept federal prisoners and aliens 
12 over whom the Office of the Federal Detention Trustee is 
13 authorized to exercise the federal detention function for 
14 limited purposes and periods of time.


15  (b) To develop and maintain reception and evaluation 
16 units for purposes
of analyzing the custody and 
17 rehabilitation needs of persons committed to
it and to 
18 assign such persons to institutions and programs under its 
19 control
or transfer them to other appropriate agencies. In 
20 consultation with the
Department of Alcoholism and 
21 Substance Abuse (now the Department of Human
Services), the 
22 Department of Corrections
shall develop a master plan for 
23 the screening and evaluation of persons
committed to its 
24 custody who have alcohol or drug abuse problems, and for

 
 
09800SB1678sam001- 5 -LRB098 09838 RLC 40921 a


1 making appropriate treatment available to such persons; 
2 the Department
shall report to the General Assembly on such 
3 plan not later than April 1,
1987. The maintenance and 
4 implementation of such plan shall be contingent
upon the 
5 availability of funds.


6  (b-1) To create and implement, on January 1, 2002, a 
7 pilot
program to
establish the effectiveness of 
8 pupillometer technology (the measurement of the
pupil's

9 reaction to light) as an alternative to a urine test for 
10 purposes of screening
and evaluating
persons committed to 
11 its custody who have alcohol or drug problems. The
pilot 
12 program shall require the pupillometer technology to be 
13 used in at
least one Department of
Corrections facility. 
14 The Director may expand the pilot program to include an

15 additional facility or
facilities as he or she deems 
16 appropriate.
A minimum of 4,000 tests shall be included in 
17 the pilot program.
The
Department must report to the

18 General Assembly on the
effectiveness of the program by 
19 January 1, 2003.


20  (b-5) To develop, in consultation with the Department 
21 of State Police, a
program for tracking and evaluating each 
22 inmate from commitment through release
for recording his or 
23 her gang affiliations, activities, or ranks.


24  (c) To maintain and administer all State correctional 
25 institutions and
facilities under its control and to 
26 establish new ones as needed. Pursuant
to its power to 
 
 
09800SB1678sam001- 6 -LRB098 09838 RLC 40921 a


1 establish new institutions and facilities, the Department

2 may, with the written approval of the Governor, authorize 
3 the Department of
Central Management Services to enter into 
4 an agreement of the type
described in subsection (d) of 
5 Section 405-300 of the
Department
of Central Management 
6 Services Law (20 ILCS 405/405-300). The Department shall

7 designate those institutions which
shall constitute the 
8 State Penitentiary System.


9  Pursuant to its power to establish new institutions and 
10 facilities, the
Department may authorize the Department of 
11 Central Management Services to
accept bids from counties 
12 and municipalities for the construction,
remodeling or 
13 conversion of a structure to be leased to the Department of

14 Corrections for the purposes of its serving as a 
15 correctional institution
or facility. Such construction, 
16 remodeling or conversion may be financed
with revenue bonds 
17 issued pursuant to the Industrial Building Revenue Bond
Act 
18 by the municipality or county. The lease specified in a bid 
19 shall be
for a term of not less than the time needed to 
20 retire any revenue bonds
used to finance the project, but 
21 not to exceed 40 years. The lease may
grant to the State 
22 the option to purchase the structure outright.


23  Upon receipt of the bids, the Department may certify 
24 one or more of the
bids and shall submit any such bids to 
25 the General Assembly for approval.
Upon approval of a bid 
26 by a constitutional majority of both houses of the
General 
 
 
09800SB1678sam001- 7 -LRB098 09838 RLC 40921 a


1 Assembly, pursuant to joint resolution, the Department of 
2 Central
Management Services may enter into an agreement 
3 with the county or
municipality pursuant to such bid.


4  (c-5) To build and maintain regional juvenile 
5 detention centers and to
charge a per diem to the counties 
6 as established by the Department to defray
the costs of 
7 housing each minor in a center. In this subsection (c-5),

8 "juvenile
detention center" means a facility to house 
9 minors during pendency of trial who
have been transferred 
10 from proceedings under the Juvenile Court Act of 1987 to

11 prosecutions under the criminal laws of this State in 
12 accordance with Section
5-805 of the Juvenile Court Act of 
13 1987, whether the transfer was by operation
of
law or 
14 permissive under that Section. The Department shall 
15 designate the
counties to be served by each regional 
16 juvenile detention center.


17  (d) To develop and maintain programs of control, 
18 rehabilitation and
employment of committed persons within 
19 its institutions.

20  (d-5) To provide a pre-release job preparation program 
21 for inmates at Illinois adult correctional centers.


22  (e) To establish a system of supervision and guidance 
23 of committed persons
in the community.

24  (e-5) To enter into intergovernmental cooperation 
25 agreements with county sheriffs under which sheriffs' 
26 departments may enforce and assess compliance with the 
 
 
09800SB1678sam001- 8 -LRB098 09838 RLC 40921 a


1 conditions of parole or mandatory supervised release of 
2 releasees residing in the county. 

3  (f) To establish in cooperation with the Department of 
4 Transportation
to supply a sufficient number of prisoners 
5 for use by the Department of
Transportation to clean up the 
6 trash and garbage along State, county,
township, or 
7 municipal highways as designated by the Department of

8 Transportation. The Department of Corrections, at the 
9 request of the
Department of Transportation, shall furnish 
10 such prisoners at least
annually for a period to be agreed 
11 upon between the Director of
Corrections and the Director 
12 of Transportation. The prisoners used on this
program shall 
13 be selected by the Director of Corrections on whatever 
14 basis
he deems proper in consideration of their term, 
15 behavior and earned eligibility
to participate in such 
16 program - where they will be outside of the prison
facility 
17 but still in the custody of the Department of Corrections. 
18 Prisoners
convicted of first degree murder, or a Class X 
19 felony, or armed violence, or
aggravated kidnapping, or 
20 criminal sexual assault, aggravated criminal sexual
abuse 
21 or a subsequent conviction for criminal sexual abuse, or 
22 forcible
detention, or arson, or a prisoner adjudged a 
23 Habitual Criminal shall not be
eligible for selection to 
24 participate in such program. The prisoners shall
remain as 
25 prisoners in the custody of the Department of Corrections 
26 and such
Department shall furnish whatever security is 
 
 
09800SB1678sam001- 9 -LRB098 09838 RLC 40921 a


1 necessary. The Department of
Transportation shall furnish 
2 trucks and equipment for the highway cleanup
program and 
3 personnel to supervise and direct the program. Neither the

4 Department of Corrections nor the Department of 
5 Transportation shall replace
any regular employee with a 
6 prisoner.


7  (g) To maintain records of persons committed to it and 
8 to establish
programs of research, statistics and 
9 planning.


10  (h) To investigate the grievances of any person 
11 committed to the
Department, to inquire into any alleged 
12 misconduct by employees
or committed persons, and to 
13 investigate the assets
of committed persons to implement 
14 Section 3-7-6 of this Code; and for
these purposes it may 
15 issue subpoenas and compel the attendance of witnesses
and 
16 the production of writings and papers, and may examine 
17 under oath any
witnesses who may appear before it; to also 
18 investigate alleged violations
of a parolee's or 
19 releasee's conditions of parole or release; and for this

20 purpose it may issue subpoenas and compel the attendance of 
21 witnesses and
the production of documents only if there is 
22 reason to believe that such
procedures would provide 
23 evidence that such violations have occurred.


24  If any person fails to obey a subpoena issued under 
25 this subsection,
the Director may apply to any circuit 
26 court to secure compliance with the
subpoena. The failure 
 
 
09800SB1678sam001- 10 -LRB098 09838 RLC 40921 a


1 to comply with the order of the court issued in
response 
2 thereto shall be punishable as contempt of court.


3  (i) To appoint and remove the chief administrative 
4 officers, and
administer
programs of training and 
5 development of personnel of the Department. Personnel

6 assigned by the Department to be responsible for the

7 custody and control of committed persons or to investigate 
8 the alleged
misconduct of committed persons or employees or 
9 alleged violations of a
parolee's or releasee's conditions 
10 of parole shall be conservators of the peace
for those 
11 purposes, and shall have the full power of peace officers 
12 outside
of the facilities of the Department in the 
13 protection, arrest, retaking
and reconfining of committed 
14 persons or where the exercise of such power
is necessary to 
15 the investigation of such misconduct or violations.


16  (j) To cooperate with other departments and agencies 
17 and with local
communities for the development of standards 
18 and programs for better
correctional services in this 
19 State.


20  (k) To administer all moneys and properties of the 
21 Department.


22  (l) To report annually to the Governor on the committed

23 persons, institutions and programs of the Department.


24  (l-5) (Blank).


25  (m) To make all rules and regulations and exercise all 
26 powers and duties
vested by law in the Department.


 
 
09800SB1678sam001- 11 -LRB098 09838 RLC 40921 a


1  (n) To establish rules and regulations for 
2 administering a system of
sentence credits, established in 
3 accordance with Section 3-6-3, subject
to review by the 
4 Prisoner Review Board.


5  (o) To administer the distribution of funds
from the 
6 State Treasury to reimburse counties where State penal

7 institutions are located for the payment of assistant 
8 state's attorneys'
salaries under Section 4-2001 of the 
9 Counties Code.


10  (p) To exchange information with the Department of 
11 Human Services and the
Department of Healthcare and Family 
12 Services
for the purpose of verifying living arrangements 
13 and for other purposes
directly connected with the 
14 administration of this Code and the Illinois
Public Aid 
15 Code.


16  (q) To establish a diversion program.


17  The program shall provide a structured environment for 
18 selected
technical parole or mandatory supervised release 
19 violators and committed
persons who have violated the rules 
20 governing their conduct while in work
release. This program 
21 shall not apply to those persons who have committed
a new 
22 offense while serving on parole or mandatory supervised 
23 release or
while committed to work release.


24  Elements of the program shall include, but shall not be 
25 limited to, the
following:


26   (1) The staff of a diversion facility shall provide 
 
 
09800SB1678sam001- 12 -LRB098 09838 RLC 40921 a


1 supervision in
accordance with required objectives set 
2 by the facility.


3   (2) Participants shall be required to maintain 
4 employment.


5   (3) Each participant shall pay for room and board 
6 at the facility on a
sliding-scale basis according to 
7 the participant's income.


8   (4) Each participant shall:


9    (A) provide restitution to victims in 
10 accordance with any court order;


11    (B) provide financial support to his 
12 dependents; and


13    (C) make appropriate payments toward any other 
14 court-ordered
obligations.


15   (5) Each participant shall complete community 
16 service in addition to
employment.


17   (6) Participants shall take part in such 
18 counseling, educational and
other programs as the 
19 Department may deem appropriate.


20   (7) Participants shall submit to drug and alcohol 
21 screening.


22   (8) The Department shall promulgate rules 
23 governing the administration
of the program.


24  (r) To enter into intergovernmental cooperation 
25 agreements under which
persons in the custody of the 
26 Department may participate in a county impact

 
 
09800SB1678sam001- 13 -LRB098 09838 RLC 40921 a


1 incarceration program established under Section 3-6038 or 
2 3-15003.5 of the
Counties Code.


3  (r-5) (Blank).


4  (r-10) To systematically and routinely identify with 
5 respect to each
streetgang active within the correctional 
6 system: (1) each active gang; (2)
every existing inter-gang 
7 affiliation or alliance; and (3) the current leaders
in 
8 each gang. The Department shall promptly segregate leaders 
9 from inmates who
belong to their gangs and allied gangs. 
10 "Segregate" means no physical contact
and, to the extent 
11 possible under the conditions and space available at the

12 correctional facility, prohibition of visual and sound 
13 communication. For the
purposes of this paragraph (r-10), 
14 "leaders" means persons who:


15   (i) are members of a criminal streetgang;


16   (ii) with respect to other individuals within the 
17 streetgang, occupy a
position of organizer, 
18 supervisor, or other position of management or

19 leadership; and


20   (iii) are actively and personally engaged in 
21 directing, ordering,
authorizing, or requesting 
22 commission of criminal acts by others, which are

23 punishable as a felony, in furtherance of streetgang 
24 related activity both
within and outside of the 
25 Department of Corrections.


26 "Streetgang", "gang", and "streetgang related" have the 
 
 
09800SB1678sam001- 14 -LRB098 09838 RLC 40921 a


1 meanings ascribed to
them in Section 10 of the Illinois 
2 Streetgang Terrorism Omnibus Prevention
Act.


3  (s) To operate a super-maximum security institution, 
4 in order to
manage and
supervise inmates who are disruptive 
5 or dangerous and provide for the safety
and security of the 
6 staff and the other inmates.


7  (t) To monitor any unprivileged conversation or any 
8 unprivileged
communication, whether in person or by mail, 
9 telephone, or other means,
between an inmate who, before 
10 commitment to the Department, was a member of an
organized 
11 gang and any other person without the need to show cause or 
12 satisfy
any other requirement of law before beginning the 
13 monitoring, except as
constitutionally required. The 
14 monitoring may be by video, voice, or other
method of 
15 recording or by any other means. As used in this 
16 subdivision (1)(t),
"organized gang" has the meaning 
17 ascribed to it in Section 10 of the Illinois
Streetgang 
18 Terrorism Omnibus Prevention Act.


19  As used in this subdivision (1)(t), "unprivileged 
20 conversation" or
"unprivileged communication" means a 
21 conversation or communication that is not
protected by any 
22 privilege recognized by law or by decision, rule, or order 
23 of
the Illinois Supreme Court.


24  (u) To establish a Women's and Children's Pre-release 
25 Community
Supervision
Program for the purpose of providing 
26 housing and services to eligible female
inmates, as 
 
 
09800SB1678sam001- 15 -LRB098 09838 RLC 40921 a


1 determined by the Department, and their newborn and young

2 children.

3  (u-5) To issue an order, whenever a person committed to 
4 the Department absconds or absents himself or herself, 
5 without authority to do so, from any facility or program to 
6 which he or she is assigned. The order shall be certified 
7 by the Director, the Supervisor of the Apprehension Unit, 
8 or any person duly designated by the Director, with the 
9 seal of the Department affixed. The order shall be directed 
10 to all sheriffs, coroners, and police officers, or to any 
11 particular person named in the order. Any order issued 
12 pursuant to this subdivision (1) (u-5) shall be sufficient 
13 warrant for the officer or person named in the order to 
14 arrest and deliver the committed person to the proper 
15 correctional officials and shall be executed the same as 
16 criminal process. 

17  (v) To do all other acts necessary to carry out the 
18 provisions
of this Chapter.

19 (2) The Department of Corrections shall by January 1, 1998, 
20consider
building and operating a correctional facility within 
21100 miles of a county of
over 2,000,000 inhabitants, especially 
22a facility designed to house juvenile
participants in the 
23impact incarceration program.

24 (3) When the Department lets bids for contracts for medical

25services to be provided to persons committed to Department 
26facilities by
a health maintenance organization, medical 
 
 
09800SB1678sam001- 16 -LRB098 09838 RLC 40921 a


1service corporation, or other
health care provider, the bid may 
2only be let to a health care provider
that has obtained an 
3irrevocable letter of credit or performance bond
issued by a 
4company whose bonds have an investment grade or higher rating 
5by a bond rating
organization.

6 (4) When the Department lets bids for
contracts for food or 
7commissary services to be provided to
Department facilities, 
8the bid may only be let to a food or commissary
services 
9provider that has obtained an irrevocable letter of
credit or 
10performance bond issued by a company whose bonds have an 
11investment grade or higher rating by a bond rating 
12organization.

13(Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12; 
1497-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)




15 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


16 Sec. 3-6-3. Rules and Regulations for Sentence Credit. 


17  (a) (1) The Department of Corrections shall prescribe 
18 rules
and regulations for awarding and revoking sentence 
19 credit for persons committed to the Department which shall

20 be subject to review by the Prisoner Review Board.

21  (1.5) As otherwise provided by law, sentence credit may 
22 be awarded for the following: 
23   (A) successful completion of programming while in 
24 custody of the Department or while in custody prior to 
25 sentencing; 
 
 
09800SB1678sam001- 17 -LRB098 09838 RLC 40921 a


1   (B) compliance with the rules and regulations of 
2 the Department; or 
3   (C) service to the institution, service to a 
4 community, or service to the State. 

5  (2) The rules and regulations on sentence credit shall 
6 provide, with
respect to offenses listed in clause (i), 
7 (ii), or (iii) of this paragraph (2) committed on or after 
8 June 19, 1998 or with respect to the offense listed in 
9 clause (iv) of this paragraph (2) committed on or after 
10 June 23, 2005 (the effective date of Public Act 94-71) or 
11 with
respect to offense listed in clause (vi)
committed on 
12 or after June 1, 2008 (the effective date of Public Act 
13 95-625)
or with respect to the offense of being an armed 
14 habitual criminal committed on or after August 2, 2005 (the 
15 effective date of Public Act 94-398) or with respect to the 
16 offenses listed in clause (v) of this paragraph (2) 
17 committed on or after August 13, 2007 (the effective date 
18 of Public Act 95-134) or with respect to the offense of 
19 aggravated domestic battery committed on or after July 23, 
20 2010 (the effective date of Public Act 96-1224) or with 
21 respect to the offense of attempt to commit terrorism 
22 committed on or after January 1, 2013 (the effective date 
23 of Public Act 97-990), the following:


24   (i) that a prisoner who is serving a term of 
25 imprisonment for first
degree murder or for the offense 
26 of terrorism shall receive no sentence
credit and shall 
 
 
09800SB1678sam001- 18 -LRB098 09838 RLC 40921 a


1 serve the entire
sentence imposed by the court;


2   (ii) that a prisoner serving a sentence for attempt 
3 to commit terrorism, attempt to commit first
degree 
4 murder, solicitation of murder, solicitation of murder 
5 for hire,
intentional homicide of an unborn child, 
6 predatory criminal sexual assault of a
child, 
7 aggravated criminal sexual assault, criminal sexual 
8 assault, aggravated
kidnapping, aggravated battery 
9 with a firearm as described in Section 12-4.2 or 
10 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
11 Section 12-3.05, heinous battery as described in 
12 Section 12-4.1 or subdivision (a)(2) of Section 
13 12-3.05, being an armed habitual criminal, aggravated

14 battery of a senior citizen as described in Section 
15 12-4.6 or subdivision (a)(4) of Section 12-3.05, or 
16 aggravated battery of a child as described in Section 
17 12-4.3 or subdivision (b)(1) of Section 12-3.05, or 
18 unlawful use or possession of weapons by felons or 
19 persons in the custody of the Department of Corrections 
20 facilities as described in Section 24-1.1, or unlawful 
21 possession of a firearm by a street gang member as 
22 described in 24-1.8, shall receive no
more than 4.5 
23 days of sentence credit for each month of his or her 
24 sentence
of imprisonment;


25   (iii) that a prisoner serving a sentence
for home 
26 invasion, armed robbery, aggravated vehicular 
 
 
09800SB1678sam001- 19 -LRB098 09838 RLC 40921 a


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

10   (iv) that a prisoner serving a sentence for 
11 aggravated discharge of a firearm, whether or not the 
12 conduct leading to conviction for the offense resulted 
13 in great bodily harm to the victim, shall receive no 
14 more than 4.5 days of sentence credit for each month of 
15 his or her sentence of imprisonment;

16   (v) that a person serving a sentence for 
17 gunrunning, narcotics racketeering, controlled 
18 substance trafficking, methamphetamine trafficking, 
19 drug-induced homicide, aggravated 
20 methamphetamine-related child endangerment, money 
21 laundering pursuant to clause (c) (4) or (5) of Section 
22 29B-1 of the Criminal Code of 1961 or the Criminal Code 
23 of 2012, or a Class X felony conviction for delivery of 
24 a controlled substance, possession of a controlled 
25 substance with intent to manufacture or deliver, 
26 calculated criminal drug conspiracy, criminal drug 
 
 
09800SB1678sam001- 20 -LRB098 09838 RLC 40921 a


1 conspiracy, street gang criminal drug conspiracy, 
2 participation in methamphetamine manufacturing, 
3 aggravated participation in methamphetamine 
4 manufacturing, delivery of methamphetamine, possession 
5 with intent to deliver methamphetamine, aggravated 
6 delivery of methamphetamine, aggravated possession 
7 with intent to deliver methamphetamine, 
8 methamphetamine conspiracy when the substance 
9 containing the controlled substance or methamphetamine 
10 is 100 grams or more shall receive no more than 7.5 
11 days sentence credit for each month of his or her 
12 sentence of imprisonment;

13   (vi)
that a prisoner serving a sentence for a 
14 second or subsequent offense of luring a minor shall 
15 receive no more than 4.5 days of sentence credit for 
16 each month of his or her sentence of imprisonment; and

17   (vii) that a prisoner serving a sentence for 
18 aggravated domestic battery shall receive no more than 
19 4.5 days of sentence credit for each month of his or 
20 her sentence of imprisonment. 

21  (2.1) For all offenses, other than those enumerated in 
22 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
23 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
24 after June 23, 2005 (the effective date of Public Act 
25 94-71) or subdivision (a)(2)(v) committed on or after 
26 August 13, 2007 (the effective date of Public Act 95-134)

 
 
09800SB1678sam001- 21 -LRB098 09838 RLC 40921 a


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

8 subparagraph (F) of paragraph (1) of subsection (d) of 
9 Section 11-501 of the
Illinois Vehicle Code, and other than 
10 the offense of aggravated driving under the influence of 
11 alcohol,
other drug or drugs, or intoxicating compound or 
12 compounds, or any combination
thereof as defined in 
13 subparagraph (C) of paragraph (1) of subsection (d) of

14 Section 11-501 of the Illinois Vehicle Code committed on or 
15 after January 1, 2011 (the effective date of Public Act 
16 96-1230),
the rules and regulations shall
provide that a 
17 prisoner who is serving a term of
imprisonment shall 
18 receive one day of sentence credit for each day of
his or 
19 her sentence of imprisonment or recommitment under Section 
20 3-3-9.
Each day of sentence credit shall reduce by one day 
21 the prisoner's period
of imprisonment or recommitment 
22 under Section 3-3-9.


23  (2.2) A prisoner serving a term of natural life 
24 imprisonment or a
prisoner who has been sentenced to death 
25 shall receive no sentence
credit.


26  (2.3) The rules and regulations on sentence credit 
 
 
09800SB1678sam001- 22 -LRB098 09838 RLC 40921 a


1 shall provide that
a prisoner who is serving a sentence for 
2 aggravated driving under the influence of alcohol,
other 
3 drug or drugs, or intoxicating compound or compounds, or 
4 any combination
thereof as defined in subparagraph (F) of 
5 paragraph (1) of subsection (d) of
Section 11-501 of the 
6 Illinois Vehicle Code, shall receive no more than 4.5
days 
7 of sentence credit for each month of his or her sentence of

8 imprisonment.


9  (2.4) The rules and regulations on sentence credit 
10 shall provide with
respect to the offenses of aggravated 
11 battery with a machine gun or a firearm
equipped with any 
12 device or attachment designed or used for silencing the

13 report of a firearm or aggravated discharge of a machine 
14 gun or a firearm
equipped with any device or attachment 
15 designed or used for silencing the
report of a firearm, 
16 committed on or after
July 15, 1999 (the effective date of 
17 Public Act 91-121),
that a prisoner serving a sentence for 
18 any of these offenses shall receive no
more than 4.5 days 
19 of sentence credit for each month of his or her sentence
of 
20 imprisonment.


21  (2.5) The rules and regulations on sentence credit 
22 shall provide that a
prisoner who is serving a sentence for 
23 aggravated arson committed on or after
July 27, 2001 (the 
24 effective date of Public Act 92-176) shall receive no more 
25 than
4.5 days of sentence credit for each month of his or 
26 her sentence of
imprisonment.

 
 
09800SB1678sam001- 23 -LRB098 09838 RLC 40921 a


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

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

12 the Director may award up to 180 days additional sentence

13 credit for good conduct in specific instances as the

14 Director deems proper. The good conduct may include, but is 
15 not limited to, compliance with the rules and regulations 
16 of the Department, service to the Department, service to a 
17 community, or service to the State. However, the Director 
18 shall not award more than 90 days
of sentence credit for 
19 good conduct to any prisoner who is serving a sentence for

20 conviction of first degree murder, reckless homicide while 
21 under the
influence of alcohol or any other drug,
or 
22 aggravated driving under the influence of alcohol, other 
23 drug or drugs, or
intoxicating compound or compounds, or 
24 any combination thereof as defined in
subparagraph (F) of 
25 paragraph (1) of subsection (d) of Section 11-501 of the

26 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

 
 
09800SB1678sam001- 24 -LRB098 09838 RLC 40921 a


1 predatory criminal sexual assault of a child,
aggravated 
2 criminal sexual assault, criminal sexual assault, deviate 
3 sexual
assault, aggravated criminal sexual abuse, 
4 aggravated indecent liberties
with a child, indecent 
5 liberties with a child, child pornography, heinous
battery 
6 as described in Section 12-4.1 or subdivision (a)(2) of 
7 Section 12-3.05, aggravated battery of a spouse, 
8 aggravated battery of a spouse
with a firearm, stalking, 
9 aggravated stalking, aggravated battery of a child as 
10 described in Section 12-4.3 or subdivision (b)(1) of 
11 Section 12-3.05,
endangering the life or health of a child, 
12 or cruelty to a child. Notwithstanding the foregoing, 
13 sentence credit for
good conduct shall not be awarded on a

14 sentence of imprisonment imposed for conviction of: (i) one 
15 of the offenses
enumerated in subdivision (a)(2)(i), (ii), 
16 or (iii) when the offense is committed on or after
June 19, 
17 1998 or subdivision (a)(2)(iv) when the offense is 
18 committed on or after June 23, 2005 (the effective date of 
19 Public Act 94-71) or subdivision (a)(2)(v) when the offense 
20 is committed on or after August 13, 2007 (the effective 
21 date of Public Act 95-134)
or subdivision (a)(2)(vi) when 
22 the offense is committed on or after June 1, 2008 (the 
23 effective date of Public Act 95-625) or subdivision 
24 (a)(2)(vii) when the offense is committed on or after July 
25 23, 2010 (the effective date of Public Act 96-1224), (ii) 
26 aggravated driving under the influence of alcohol, other 
 
 
09800SB1678sam001- 25 -LRB098 09838 RLC 40921 a


1 drug or drugs, or
intoxicating compound or compounds, or 
2 any combination thereof as defined in
subparagraph (F) of 
3 paragraph (1) of subsection (d) of Section 11-501 of the

4 Illinois Vehicle Code, (iii) one of the offenses enumerated 
5 in subdivision
(a)(2.4) when the offense is committed on or 
6 after
July 15, 1999 (the effective date of Public Act 
7 91-121),
(iv) aggravated arson when the offense is 
8 committed
on or after July 27, 2001 (the effective date of 
9 Public Act 92-176), (v) offenses that may subject the 
10 offender to commitment under the Sexually Violent Persons 
11 Commitment Act, or (vi) aggravated driving under the 
12 influence of alcohol,
other drug or drugs, or intoxicating 
13 compound or compounds or any combination
thereof as defined 
14 in subparagraph (C) of paragraph (1) of subsection (d) of

15 Section 11-501 of the Illinois Vehicle Code committed on or 
16 after January 1, 2011 (the effective date of Public Act 
17 96-1230).

18 Eligible inmates for an award of sentence credit under
this 
19paragraph (3) may be selected to receive the credit at
the 
20Director's or his or her designee's sole discretion.

21Consideration may be based on, but not limited to, any

22available risk assessment analysis on the inmate, any history 
23of conviction for violent crimes as defined by the Rights of 
24Crime Victims and Witnesses Act, facts and circumstances of the 
25inmate's holding offense or offenses, and the potential for 
26rehabilitation. 
 
 
09800SB1678sam001- 26 -LRB098 09838 RLC 40921 a


1 The Director shall not award sentence credit under this 
2paragraph (3) to an inmate unless the inmate has served a 
3minimum of 60 days of the sentence; except nothing in this 
4paragraph shall be construed to permit the Director to extend 
5an inmate's sentence beyond that which was imposed by the 
6court. Prior to awarding credit under this paragraph (3), the 
7Director shall make a written determination that the inmate:
8   (A) is eligible for the sentence credit;
9   (B) has served a minimum of 60 days, or as close to 
10 60 days as the sentence will allow; and
11   (C) has met the eligibility criteria established 
12 by rule.
13  The Director shall determine the form and content of 
14 the written determination required in this subsection.
15  (3.5) The Department shall provide annual written 
16 reports to the Governor and the General Assembly on the 
17 award of sentence credit for good conduct, with the first 
18 report due January 1, 2014. The Department must publish 
19 both reports on its website within 48 hours of transmitting 
20 the reports to the Governor and the General Assembly. The 
21 reports must include:
22   (A) the number of inmates awarded sentence credit 
23 for good conduct;
24   (B) the average amount of sentence credit for good 
25 conduct awarded;
26   (C) the holding offenses of inmates awarded 
 
 
09800SB1678sam001- 27 -LRB098 09838 RLC 40921 a


1 sentence credit for good conduct; and
2   (D) the number of sentence credit for good conduct 
3 revocations. 

4  (4) The rules and regulations shall also provide that 
5 the sentence
credit accumulated and retained under 
6 paragraph (2.1) of subsection (a) of
this Section by any 
7 inmate during specific periods of time in which such
inmate 
8 is engaged full-time in substance abuse programs, 
9 correctional
industry assignments, educational programs, 
10 behavior modification programs, life skills courses, or 
11 re-entry planning provided by the Department
under this 
12 paragraph (4) and satisfactorily completes the assigned 
13 program as
determined by the standards of the Department, 
14 shall be multiplied by a factor
of 1.25 for program 
15 participation before August 11, 1993
and 1.50 for program 
16 participation on or after that date.
The rules and 
17 regulations shall also provide that sentence credit, 
18 subject to the same offense limits and multiplier provided 
19 in this paragraph, may be provided to an inmate who was 
20 held in pre-trial detention prior to his or her current 
21 commitment to the Department of Corrections and 
22 successfully completed a full-time, 60-day or longer 
23 substance abuse program, educational program, behavior 
24 modification program, life skills course, or re-entry 
25 planning provided by the county department of corrections 
26 or county jail. Calculation of this county program credit 
 
 
09800SB1678sam001- 28 -LRB098 09838 RLC 40921 a


1 shall be done at sentencing as provided in Section 
2 5-4.5-100 of this Code and shall be included in the 
3 sentencing order. However, no inmate shall be eligible for 
4 the additional sentence credit
under this paragraph (4) or 
5 (4.1) of this subsection (a) while assigned to a boot camp

6 or electronic detention, or if convicted of an offense 
7 enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this 
8 Section that is committed on or after June 19,
1998 or 
9 subdivision (a)(2)(iv) of this Section that is committed on 
10 or after June 23, 2005 (the effective date of Public Act 
11 94-71) or subdivision (a)(2)(v) of this Section that is 
12 committed on or after August 13, 2007 (the effective date 
13 of Public Act 95-134)
or subdivision (a)(2)(vi) when the 
14 offense is committed on or after June 1, 2008 (the 
15 effective date of Public Act 95-625) or subdivision 
16 (a)(2)(vii) when the offense is committed on or after July 
17 23, 2010 (the effective date of Public Act 96-1224), or if 
18 convicted of aggravated driving under the influence of 
19 alcohol, other drug or drugs, or
intoxicating compound or 
20 compounds or any combination thereof as defined in

21 subparagraph (F) of paragraph (1) of subsection (d) of 
22 Section 11-501 of the
Illinois Vehicle Code, or if 
23 convicted of aggravated driving under the influence of 
24 alcohol,
other drug or drugs, or intoxicating compound or 
25 compounds or any combination
thereof as defined in 
26 subparagraph (C) of paragraph (1) of subsection (d) of

 
 
09800SB1678sam001- 29 -LRB098 09838 RLC 40921 a


1 Section 11-501 of the Illinois Vehicle Code committed on or 
2 after January 1, 2011 (the effective date of Public Act 
3 96-1230), or if convicted of an offense enumerated in 
4 paragraph
(a)(2.4) of this Section that is committed on or 
5 after
July 15, 1999 (the effective date of Public Act 
6 91-121),
or first degree murder, a Class X felony, criminal 
7 sexual
assault, felony criminal sexual abuse, aggravated 
8 criminal sexual abuse,
aggravated battery with a firearm as 
9 described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
10 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or 
11 successor offenses
with the same or substantially the same 
12 elements, or any inchoate offenses
relating to the 
13 foregoing offenses. No inmate shall be eligible for the

14 additional good conduct credit under this paragraph (4) who 
15 (i) has previously
received increased good conduct credit 
16 under this paragraph (4) and has
subsequently been 
17 convicted of a
felony, or (ii) has previously served more 
18 than one prior sentence of
imprisonment for a felony in an 
19 adult correctional facility.


20  Educational, vocational, substance abuse, behavior 
21 modification programs, life skills courses, re-entry 
22 planning, and correctional
industry programs under which 
23 sentence credit may be increased under
this paragraph (4) 
24 and paragraph (4.1) of this subsection (a) shall be 
25 evaluated by the Department on the basis of
documented 
26 standards. The Department shall report the results of these

 
 
09800SB1678sam001- 30 -LRB098 09838 RLC 40921 a


1 evaluations to the Governor and the General Assembly by 
2 September 30th of each
year. The reports shall include data 
3 relating to the recidivism rate among
program 
4 participants.


5  Availability of these programs shall be subject to the

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

15 agent of the Department shall be liable for damages to the 
16 inmate.

17  (4.1) The rules and regulations shall also provide that 
18 an additional 60 days of sentence credit shall be awarded 
19 to any prisoner who passes the high school level Test of 
20 General Educational Development (GED) while the prisoner 
21 is committed to the Department of Corrections. The sentence 
22 credit awarded under this paragraph (4.1) shall be in 
23 addition to, and shall not affect, the award of sentence 
24 credit under any other paragraph of this Section, but shall 
25 also be pursuant to the guidelines and restrictions set 
26 forth in paragraph (4) of subsection (a) of this Section.

 
 
09800SB1678sam001- 31 -LRB098 09838 RLC 40921 a


1 The sentence credit provided for in this paragraph shall be 
2 available only to those prisoners who have not previously 
3 earned a high school diploma or a GED. If, after an award 
4 of the GED sentence credit has been made and the Department 
5 determines that the prisoner was not eligible, then the 
6 award shall be revoked.
The Department may also award 60 
7 days of sentence credit to any committed person who passed 
8 the high school level Test of General Educational 
9 Development (GED) while he or she was held in pre-trial 
10 detention prior to the current commitment to the Department 
11 of Corrections. 

12  (4.5) The rules and regulations on sentence credit 
13 shall also provide that
when the court's sentencing order 
14 recommends a prisoner for substance abuse treatment and the

15 crime was committed on or after September 1, 2003 (the 
16 effective date of
Public Act 93-354), the prisoner shall 
17 receive no sentence credit awarded under clause (3) of this 
18 subsection (a) unless he or she participates in and

19 completes a substance abuse treatment program. The 
20 Director may waive the requirement to participate in or 
21 complete a substance abuse treatment program and award the 
22 sentence credit in specific instances if the prisoner is 
23 not a good candidate for a substance abuse treatment 
24 program for medical, programming, or operational reasons. 
25 Availability of
substance abuse treatment shall be subject 
26 to the limits of fiscal resources
appropriated by the 
 
 
09800SB1678sam001- 32 -LRB098 09838 RLC 40921 a


1 General Assembly for these purposes. If treatment is not

2 available and the requirement to participate and complete 
3 the treatment has not been waived by the Director, the 
4 prisoner shall be placed on a waiting list under criteria

5 established by the Department. The Director may allow a 
6 prisoner placed on
a waiting list to participate in and 
7 complete a substance abuse education class or attend 
8 substance
abuse self-help meetings in lieu of a substance 
9 abuse treatment program. A prisoner on a waiting list who 
10 is not placed in a substance abuse program prior to release 
11 may be eligible for a waiver and receive sentence credit 
12 under clause (3) of this subsection (a) at the discretion 
13 of the Director.

14  (4.6) The rules and regulations on sentence credit 
15 shall also provide that a prisoner who has been convicted 
16 of a sex offense as defined in Section 2 of the Sex 
17 Offender Registration Act shall receive no sentence credit 
18 unless he or she either has successfully completed or is 
19 participating in sex offender treatment as defined by the 
20 Sex Offender Management Board. However, prisoners who are 
21 waiting to receive treatment, but who are unable to do so 
22 due solely to the lack of resources on the part of the 
23 Department, may, at the Director's sole discretion, be 
24 awarded sentence credit at a rate as the Director shall 
25 determine.

26  (5) Whenever the Department is to release any inmate 
 
 
09800SB1678sam001- 33 -LRB098 09838 RLC 40921 a


1 earlier than it
otherwise would because of a grant of 
2 sentence credit for good conduct under paragraph (3) of 
3 subsection (a) of this Section given at any time during the 
4 term, the Department shall give
reasonable notice of the 
5 impending release not less than 14 days prior to the date 
6 of the release to the State's
Attorney of the county where 
7 the prosecution of the inmate took place, and if 
8 applicable, the State's Attorney of the county into which 
9 the inmate will be released. The Department must also make 
10 identification information and a recent photo of the inmate 
11 being released accessible on the Internet by means of a 
12 hyperlink labeled "Community Notification of Inmate Early 
13 Release" on the Department's World Wide Web homepage.
The 
14 identification information shall include the inmate's: 
15 name, any known alias, date of birth, physical 
16 characteristics, residence address, commitment offense and 
17 county where conviction was imposed. The identification 
18 information shall be placed on the website within 3 days of 
19 the inmate's release and the information may not be removed 
20 until either: completion of the first year of mandatory 
21 supervised release or return of the inmate to custody of 
22 the Department.

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

24several convictions, with separate sentences, the sentences

25shall be construed under Section 5-8-4 in granting and

26forfeiting of sentence credit.

 
 
09800SB1678sam001- 34 -LRB098 09838 RLC 40921 a


1 (c) The Department shall prescribe rules and regulations

2for revoking sentence credit, including revoking sentence 
3credit awarded for good conduct under paragraph (3) of 
4subsection (a) of this Section. The Department shall prescribe 
5rules and regulations for suspending or reducing
the rate of 
6accumulation of sentence credit for specific
rule violations, 
7during imprisonment. These rules and regulations
shall provide 
8that no inmate may be penalized more than one
year of sentence 
9credit for any one infraction.

10 When the Department seeks to revoke, suspend or reduce
the 
11rate of accumulation of any sentence credits for
an alleged 
12infraction of its rules, it shall bring charges
therefor 
13against the prisoner sought to be so deprived of
sentence 
14credits before the Prisoner Review Board as
provided in 
15subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
16amount of credit at issue exceeds 30 days or
when during any 12 
17month period, the cumulative amount of
credit revoked exceeds 
1830 days except where the infraction is committed
or discovered 
19within 60 days of scheduled release. In those cases,
the 
20Department of Corrections may revoke up to 30 days of sentence 
21credit.
The Board may subsequently approve the revocation of 
22additional sentence credit, if the Department seeks to revoke 
23sentence credit in
excess of 30 days. However, the Board shall 
24not be empowered to review the
Department's decision with 
25respect to the loss of 30 days of sentence
credit within any 
26calendar year for any prisoner or to increase any penalty

 
 
09800SB1678sam001- 35 -LRB098 09838 RLC 40921 a


1beyond the length requested by the Department.

2 The Director of the Department of Corrections, in 
3appropriate cases, may
restore up to 30 days of sentence 
4credits which have been revoked, suspended
or reduced. Any 
5restoration of sentence credits in excess of 30 days shall
be 
6subject to review by the Prisoner Review Board. However, the 
7Board may not
restore sentence credit in excess of the amount 
8requested by the Director.

9 Nothing contained in this Section shall prohibit the 
10Prisoner Review Board
from ordering, pursuant to Section 
113-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
12sentence imposed by the court that was not served due to the

13accumulation of sentence credit.

14 (d) If a lawsuit is filed by a prisoner in an Illinois or 
15federal court
against the State, the Department of Corrections, 
16or the Prisoner Review Board,
or against any of
their officers 
17or employees, and the court makes a specific finding that a

18pleading, motion, or other paper filed by the prisoner is 
19frivolous, the
Department of Corrections shall conduct a 
20hearing to revoke up to
180 days of sentence credit by bringing 
21charges against the prisoner
sought to be deprived of the 
22sentence credits before the Prisoner Review
Board as provided 
23in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
24prisoner has not accumulated 180 days of sentence credit at the

25time of the finding, then the Prisoner Review Board may revoke 
26all
sentence credit accumulated by the prisoner.

 
 
09800SB1678sam001- 36 -LRB098 09838 RLC 40921 a


1 For purposes of this subsection (d):


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


6   (A) it lacks an arguable basis either in law or in 
7 fact;


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


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

14 modification, or reversal of existing law or the 
15 establishment of new law;


16   (D) the allegations and other factual contentions 
17 do not have
evidentiary
support or, if specifically so 
18 identified, are not likely to have evidentiary
support 
19 after a reasonable opportunity for further 
20 investigation or discovery;
or


21   (E) the denials of factual contentions are not 
22 warranted on the
evidence, or if specifically so 
23 identified, are not reasonably based on a lack
of 
24 information or belief.


25  (2) "Lawsuit" means a motion pursuant to Section
116-3 
26 of the Code of Criminal Procedure of 1963, a habeas corpus 
 
 
09800SB1678sam001- 37 -LRB098 09838 RLC 40921 a


1 action under
Article X of the Code of Civil Procedure or 
2 under federal law (28 U.S.C. 2254),
a petition for claim 
3 under the Court of Claims Act, an action under the
federal 
4 Civil Rights Act (42 U.S.C. 1983), or a second or 
5 subsequent petition for post-conviction relief under 
6 Article 122 of the Code of Criminal Procedure of 1963 
7 whether filed with or without leave of court or a second or 
8 subsequent petition for relief from judgment under Section 
9 2-1401 of the Code of Civil Procedure.

10 (e) Nothing in Public Act 90-592 or 90-593 affects the 
11validity of Public Act 89-404.

12 (f) Whenever the Department is to release any inmate who 
13has been convicted of a violation of an order of protection 
14under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
15the Criminal Code of 2012, earlier than it
otherwise would 
16because of a grant of sentence credit, the Department, as a 
17condition of release, shall require that the person, upon 
18release, be placed under electronic surveillance as provided in 
19Section 5-8A-7 of this Code. 
20(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; 
2196-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. 
227-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, 
23eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; 
2497-1150, eff. 1-25-13.)




25 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)


 
 
09800SB1678sam001- 38 -LRB098 09838 RLC 40921 a


1 Sec. 5-8-1. Natural life imprisonment; enhancements for 
2use of a firearm; mandatory supervised release terms. 

3 (a) Except as otherwise provided in the statute defining 
4the offense or in Article 4.5 of Chapter V, a
sentence of 
5imprisonment for a felony shall be a determinate sentence set 
6by
the court under this Section, according to the following 
7limitations:


8  (1) for first degree murder,


9   (a) (blank),


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

11 doubt that the murder was accompanied by exceptionally

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

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

17 present, the court may sentence the defendant to a term 
18 of natural life
imprisonment, or


19   (c) the court shall sentence the defendant to a 
20 term of natural life
imprisonment when the death 
21 penalty is not imposed if the defendant,


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


24    (ii) is a person who, at the time of the 
25 commission of the murder,
had attained the age of 
26 17 or more and is found guilty of murdering an

 
 
09800SB1678sam001- 39 -LRB098 09838 RLC 40921 a


1 individual under 12 years of age; or, irrespective 
2 of the defendant's age at
the time of the 
3 commission of the offense, is found guilty of 
4 murdering more
than one victim, or


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


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

24 official duties, or


25    (v) is found guilty of murdering an emergency 
26 medical
technician - ambulance, emergency medical 
 
 
09800SB1678sam001- 40 -LRB098 09838 RLC 40921 a


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

13 technician - paramedic, ambulance driver, or other 
14 medical
assistant or first aid personnel, or


15    (vi) is a person who, at the time of the 
16 commission of the murder,
had not attained the age 
17 of 17, and is found guilty of murdering a person 
18 under
12 years of age and the murder is committed 
19 during the course of aggravated
criminal sexual 
20 assault, criminal sexual assault, or aggravated 
21 kidnaping,
or


22    (vii) is found guilty of first degree murder 
23 and the murder was
committed by reason of any 
24 person's activity as a community policing 
25 volunteer
or to prevent any person from engaging in 
26 activity as a community policing
volunteer. For 
 
 
09800SB1678sam001- 41 -LRB098 09838 RLC 40921 a


1 the purpose of this Section, "community policing 
2 volunteer"
has the meaning ascribed to it in 
3 Section 2-3.5 of the Criminal Code of 2012.


4   For purposes of clause (v), "emergency medical 
5 technician - ambulance",
"emergency medical technician -
6  intermediate", "emergency medical technician -

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


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


12    (ii) if, during the commission of the offense, 
13 the person
personally discharged a firearm, 20 
14 years shall be added to the term of
imprisonment 
15 imposed by the court;


16    (iii) if, during the commission of the 
17 offense, the person
personally discharged a 
18 firearm that proximately caused great bodily harm,

19 permanent disability, permanent disfigurement, or 
20 death to another person, 25
years or up to a term 
21 of natural life shall be added to the term of

22 imprisonment imposed by the court.


23  (2) (blank);


24  (2.5) for a person convicted under the circumstances 
25 described in subdivision (b)(1)(B) of Section 11-1.20 or

26 paragraph (3) of subsection (b) of Section 12-13, 
 
 
09800SB1678sam001- 42 -LRB098 09838 RLC 40921 a


1 subdivision (d)(2) of Section 11-1.30 or paragraph (2) of 
2 subsection
(d) of Section 12-14, subdivision (b)(1.2) of 
3 Section 11-1.40 or paragraph (1.2) of subsection (b) of

4 Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or 
5 paragraph (2) of subsection (b) of Section 12-14.1
of the 
6 Criminal Code of 1961 or the Criminal Code of 2012, the 
7 sentence shall be a term of natural life
imprisonment.

8 (b) (Blank).

9 (c) (Blank).

10 (d) Subject to
earlier termination under Section 3-3-8, the 
11parole or mandatory
supervised release term shall be written as 
12part of the sentencing order and shall be as follows:


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


23  (2) for a Class 1 felony or a Class 2 felony except for 
24 the offense of criminal sexual assault if committed on or 
25 after the effective date of this amendatory Act of the 94th 
26 General Assembly and except for the offenses of manufacture 
 
 
09800SB1678sam001- 43 -LRB098 09838 RLC 40921 a


1 and dissemination of child pornography under clauses 
2 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
3 of 1961 or the Criminal Code of 2012, if committed on or 
4 after January 1, 2009, 2 years;


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


6  (4) for defendants who commit the offense of predatory 
7 criminal sexual assault of a child, aggravated criminal 
8 sexual assault, or criminal sexual assault, on or after the 
9 effective date of this amendatory Act of the 94th General 
10 Assembly, or who commit the offense of aggravated child 
11 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
12 with sentencing under subsection (c-5) of Section 11-20.1 
13 of the Criminal Code of 1961 or the Criminal Code of 2012, 
14 manufacture of child pornography, or dissemination of 
15 child pornography after January 1, 2009, the term of 
16 mandatory supervised release shall range from a minimum of 
17 3 years to a maximum of the natural life of the defendant;


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

22 electronic home detention program under Article 8A of 
23 Chapter V of this Code;
 
24  (6) for a felony domestic battery, aggravated domestic 
25 battery, stalking, aggravated stalking, and a felony 
26 violation of an order of protection, 4 years; . 
 
 
09800SB1678sam001- 44 -LRB098 09838 RLC 40921 a


1  (7) for unlawful use or possession of weapons by felons 
2 or persons in the custody of the Department of Corrections, 
3 being an armed habitual criminal, aggravated battery with a 
4 firearm, aggravated discharge of a firearm or unlawful 
5 possession of a firearm by a street gang member, 10 years. 
6 (e) (Blank).

7 (f) (Blank).

8(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
996-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
107-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
11eff. 1-1-13; 97-1150, eff. 1-25-13.)


12 Section 15. The Mental Health and Developmental 
13Disabilities Confidentiality Act is amended by changing 
14Section 12 as follows:



15 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


16 Sec. 12. (a) If the United States Secret Service or the 
17Department of
State Police requests information from a mental 
18health or developmental
disability facility, as defined in 
19Section 1-107 and 1-114 of the Mental
Health and Developmental 
20Disabilities Code, relating to a specific
recipient and the 
21facility director determines that disclosure of such

22information may be necessary to protect the life of, or to 
23prevent
the infliction of great bodily harm to, a public 
24official,
or a person under the protection of the United
States 
 
 
09800SB1678sam001- 45 -LRB098 09838 RLC 40921 a


1Secret Service, only the following information
may be 
2disclosed: the recipient's name, address, and age and the date 
3of
any admission to or discharge from a facility; and any 
4information which
would indicate whether or not the recipient 
5has a history of violence or
presents a danger of violence to 
6the person under protection. Any information
so disclosed shall 
7be used for investigative purposes only and shall not
be 
8publicly disseminated.
Any person participating in good faith 
9in the disclosure of such
information in accordance with this 
10provision shall have immunity from any
liability, civil, 
11criminal or otherwise, if such information is disclosed
relying 
12upon the representation of an officer of the United States 
13Secret
Service or the Department of State Police that a person 
14is under the
protection of the United States Secret Service or 
15is a public official.

16 For the purpose of this subsection (a), the term "public 
17official" means
the Governor, Lieutenant Governor, Attorney 
18General, Secretary of State,
State Comptroller, State 
19Treasurer, member of the General Assembly, member of the United 
20States Congress, Judge of the United States as defined in 28 
21U.S.C. 451, Justice of the United States as defined in 28 
22U.S.C. 451, United States Magistrate Judge as defined in 28 
23U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
24Supreme, Appellate, Circuit, or Associate Judge of the State of 
25Illinois. The
term shall also include the spouse, child or 
26children of a public official.

 
 
09800SB1678sam001- 46 -LRB098 09838 RLC 40921 a


1 (b) The Department of Human Services (acting as successor 
2to the
Department of Mental Health and Developmental 
3Disabilities) and all
public or private hospitals, and mental 
4health facilities, physicians, clinical psychologists, and 
5qualified examiners are required, as hereafter described in 
6this subsection,
to furnish the Department of State Police only 
7such information as may
be required for the sole purpose of 
8determining whether an individual who
may be or may have been a 
9patient is disqualified because of that status
from receiving 
10or retaining a Firearm Owner's Identification Card under

11subsection (e) or (f) of Section 8 of the Firearm Owners 
12Identification Card
Act or 18 U.S.C. 922(g) and (n). All public 
13or private hospitals, and mental health facilities, 
14physicians, clinical psychologists, and qualified examiners 
15shall, in the form and manner required
by the Department, 
16provide such information as shall be necessary for the

17Department to comply with the reporting requirements to the 
18Department of
State Police. Such information shall be furnished 
19within 48 hours 7 days after
admission to a public or private 
20hospital or mental health facility or the provision of services 
21to a patient described in clause (2) of this subsection (b). 
22Any such information disclosed under
this subsection shall

23remain privileged and confidential, and shall not be 
24redisclosed, except as required by clause (e)(2) of Section 3.1 
25of the Firearm Owners Identification Card Act, nor utilized
for 
26any other purpose. The method of requiring the providing of 
 
 
09800SB1678sam001- 47 -LRB098 09838 RLC 40921 a


1such
information shall guarantee that no information is 
2released beyond what
is necessary for this purpose. In 
3addition, the information disclosed
shall be provided
by the 
4Department within the time period established by Section 24-3 
5of the
Criminal Code of 2012 regarding the delivery of 
6firearms. The method used
shall be sufficient to provide the 
7necessary information within the
prescribed time period, which 
8may include periodically providing
lists to the Department of 
9Human Services
or any public or private hospital or mental 
10health facility of Firearm Owner's Identification Card 
11applicants
on which the Department or hospital shall indicate 
12the identities of those
individuals who are to its knowledge 
13disqualified from having a Firearm
Owner's Identification Card 
14for reasons described herein. The Department
may provide for a 
15centralized source
of information for the State on this subject 
16under its jurisdiction.

17 Any person, institution, or agency, under this Act, 
18participating in
good faith in the reporting or disclosure of 
19records and communications
otherwise in accordance with this 
20provision or with rules, regulations or
guidelines issued by 
21the Department shall have immunity from any
liability, civil, 
22criminal or otherwise, that might result by reason of the

23action. For the purpose of any proceeding, civil or criminal,

24arising out of a report or disclosure in accordance with this 
25provision,
the good faith of any person,
institution, or agency 
26so reporting or disclosing shall be presumed. The
full extent 
 
 
09800SB1678sam001- 48 -LRB098 09838 RLC 40921 a


1of the immunity provided in this subsection (b) shall apply to

2any person, institution or agency that fails to make a report 
3or disclosure
in the good faith belief that the report or 
4disclosure would violate
federal regulations governing the 
5confidentiality of alcohol and drug abuse
patient records 
6implementing 42 U.S.C. 290dd-3 and 290ee-3.

7 For purposes of this subsection (b) only, the following 
8terms shall have
the meaning prescribed:


9  (1) "Hospital" means only that type of institution 
10 which is providing
full-time residential facilities and 
11 treatment.


12  (2) "Patient" shall include only: (i) a person who is 
13 an in-patient or resident of any public or private hospital 
14 or mental health facility or (ii) a person who is an 
15 out-patient or provided services by a public or private 
16 hospital, or mental health facility, physician, clinical 
17 psychologist, or qualified examiner whose mental condition 
18 is of such a nature that it is manifested by violent, 
19 suicidal, threatening, or assaultive behavior or reported 
20 behavior, for which there is a reasonable belief by a 
21 physician, clinical psychologist, or qualified examiner 
22 that the condition poses a clear and present or imminent 
23 danger to the patient, any other person or the community 
24 meaning the patient's condition poses a clear and present 
25 danger in accordance with subsection
(f) of Section 8 of 
26 the Firearm Owners Identification Card Act. The terms 
 
 
09800SB1678sam001- 49 -LRB098 09838 RLC 40921 a


1 physician, clinical psychologist, and qualified examiner 
2 are defined in Sections 1-120, 1-103, and 1-122 of the 
3 Mental Health and Developmental Disabilities Code.

4  (3) "Mental health facility" is defined by Section 
5 1-114 of the Mental Health and Developmental Disabilities 
6 Code.

7 (c) Upon the request of a peace officer who takes a person 
8into custody
and transports such person to a mental health or 
9developmental disability
facility pursuant to Section 3-606 or 
104-404 of the Mental Health and
Developmental Disabilities Code 
11or who transports a person from such facility,
a facility 
12director shall furnish said peace officer the name, address, 
13age
and name of the nearest relative of the person transported 
14to or from the
mental health or developmental disability 
15facility. In no case shall the
facility director disclose to 
16the peace officer any information relating to the
diagnosis, 
17treatment or evaluation of the person's mental or physical 
18health.

19 For the purposes of this subsection (c), the terms "mental 
20health or
developmental disability facility", "peace officer" 
21and "facility director"
shall have the meanings ascribed to 
22them in the Mental Health and
Developmental Disabilities Code.

23 (d) Upon the request of a peace officer or prosecuting 
24authority who is
conducting a bona fide investigation of a 
25criminal offense, or attempting to
apprehend a fugitive from 
26justice,
a facility director may disclose whether a person is 
 
 
09800SB1678sam001- 50 -LRB098 09838 RLC 40921 a


1present at the facility.
Upon request of a peace officer or 
2prosecuting authority who has a valid
forcible felony warrant 
3issued, a facility director shall disclose: (1) whether
the 
4person who is the subject of the warrant is present at the 
5facility and (2)
the
date of that person's discharge or future 
6discharge from the facility.
The requesting peace officer or 
7prosecuting authority must furnish a case
number and the 
8purpose of the investigation or an outstanding arrest warrant 
9at
the time of the request. Any person, institution, or agency

10participating in good faith in disclosing such information in 
11accordance with
this subsection (d) is immune from any 
12liability, civil, criminal or
otherwise, that might result by 
13reason of the action.

14(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)



15 Section 99. Effective date. This Act takes effect upon 
16becoming law.".