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1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Criminal Justice Information Act is
5		amended by changing Section 7 as follows:
6		(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
7		Sec. 7. Powers and Duties. The Authority shall have the
8		following powers, duties, and responsibilities:
9		(a) To develop and operate comprehensive information
10		systems for the improvement and coordination of all aspects
11		of law enforcement, prosecution, and corrections;
12		(b) To define, develop, evaluate, and correlate State
13		and local programs and projects associated with the
14		improvement of law enforcement and the administration of
15		criminal justice;
16		(c) To act as a central repository and clearing house
17		for federal, state, and local research studies, plans,
18		projects, proposals, and other information relating to all
19		aspects of criminal justice system improvement and to
20		encourage educational programs for citizen support of
21		State and local efforts to make such improvements;
22		(d) To undertake research studies to aid in
23		accomplishing its purposes;

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1		(e) To monitor the operation of existing criminal
2		justice information systems in order to protect the
3		constitutional rights and privacy of individuals about
4		whom criminal history record information has been
5		collected;
6		(f) To provide an effective administrative forum for
7		the protection of the rights of individuals concerning
8		criminal history record information;
9		(g) To issue regulations, guidelines, and procedures
10		which ensure the privacy and security of criminal history
11		record information consistent with State and federal laws;
12		(h) To act as the sole administrative appeal body in
13		the State of Illinois to conduct hearings and make final
14		determinations concerning individual challenges to the
15		completeness and accuracy of criminal history record
16		information;
17		(i) To act as the sole, official, criminal justice body
18		in the State of Illinois to conduct annual and periodic
19		audits of the procedures, policies, and practices of the
20		State central repositories for criminal history record
21		information to verify compliance with federal and state
22		laws and regulations governing such information;
23		(j) To advise the Authority's Statistical Analysis
24		Center;
25		(k) To apply for, receive, establish priorities for,
26		allocate, disburse, and spend grants of funds that are made

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1		available by and received on or after January 1, 1983 from
2		private sources or from the United States pursuant to the
3		federal Crime Control Act of 1973, as amended, and similar
4		federal legislation, and to enter into agreements with the
5		United States government to further the purposes of this
6		Act, or as may be required as a condition of obtaining
7		federal funds;
8		(l) To receive, expend, and account for such funds of
9		the State of Illinois as may be made available to further
10		the purposes of this Act;
11		(m) To enter into contracts and to cooperate with units
12		of general local government or combinations of such units,
13		State agencies, and criminal justice system agencies of
14		other states for the purpose of carrying out the duties of
15		the Authority imposed by this Act or by the federal Crime
16		Control Act of 1973, as amended;
17		(n) To enter into contracts and cooperate with units of
18		general local government outside of Illinois, other
19		states' agencies, and private organizations outside of
20		Illinois to provide computer software or design that has
21		been developed for the Illinois criminal justice system, or
22		to participate in the cooperative development or design of
23		new software or systems to be used by the Illinois criminal
24		justice system. Revenues received as a result of such
25		arrangements shall be deposited in the Criminal Justice
26		Information Systems Trust Fund;

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1		(o) To establish general policies concerning criminal
2		justice information systems and to promulgate such rules,
3		regulations, and procedures as are necessary to the
4		operation of the Authority and to the uniform consideration
5		of appeals and audits;
6		(p) To advise and to make recommendations to the
7		Governor and the General Assembly on policies relating to
8		criminal justice information systems;
9		(q) To direct all other agencies under the jurisdiction
10		of the Governor to provide whatever assistance and
11		information the Authority may lawfully require to carry out
12		its functions;
13		(r) To exercise any other powers that are reasonable
14		and necessary to fulfill the responsibilities of the
15		Authority under this Act and to comply with the
16		requirements of applicable federal law or regulation;
17		(s) To exercise the rights, powers, and duties which
18		have been vested in the Authority by the "Illinois Uniform
19		Conviction Information Act", enacted by the 85th General
20		Assembly, as hereafter amended;
21		(t) (Blank);
22		(u) To exercise the rights, powers, and duties vested
23		in the Authority by the Illinois Public Safety Agency
24		Network Act;
25		(v) To provide technical assistance in the form of
26		training to local governmental entities within Illinois

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1		requesting such assistance for the purposes of procuring
2		grants for gang intervention and gang prevention programs
3		or other criminal justice programs from the United States
4		Department of Justice; and
5		(w) To conduct strategic planning and provide
6		technical assistance to implement comprehensive trauma
7		recovery services for violent crime victims in underserved
8		communities with high levels of violent crime, with the
9		goal of providing a safe, community-based, culturally
10		competent environment in which to access services
11		necessary to facilitate recovery from the effects of
12		chronic and repeat exposure to trauma. Services may
13		include, but are not limited to, behavioral health
14		treatment, financial recovery, family support and
15		relocation assistance, and support in navigating the legal
16		system; and .
17		(x) To coordinate statewide violence prevention
18		efforts and assist in the implementation of trauma recovery
19		centers and analyze trauma recovery services. The
20		Authority shall develop, publish, and facilitate the
21		implementation of a 4-year statewide violence prevention
22		plan, which shall incorporate public health, public
23		safety, victim services, and trauma recovery centers and
24		services.
25		The requirement for reporting to the General Assembly shall
26		be satisfied by filing copies of the report with the Speaker,

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1		the Minority Leader, and the Clerk of the House of
2		Representatives, and the President, the Minority Leader, and
3		the Secretary of the Senate, and the Legislative Research Unit,
4		as required by Section 3.1 of the General Assembly Organization
5		Act "An Act to revise the law in relation to the General
6		Assembly", approved February 25, 1874, as amended, and filing
7		such additional copies with the State Government Report
8		Distribution Center for the General Assembly as is required
9		under paragraph (t) of Section 7 of the State Library Act.
10		(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
11		revised 10-2-17.)
12		Section 10. The Illinois Vehicle Code is amended by
13		changing Section 6-303 as follows:
14		(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
15		(Text of Section before amendment by P.A. 100-149)
16		Sec. 6-303. Driving while driver's license, permit or
17		privilege to operate a motor vehicle is suspended or revoked.
18		(a) Except as otherwise provided in subsection (a-5), any
19		person who drives or is in actual physical control of a motor
20		vehicle on any highway of this State at a time when such
21		person's driver's license, permit or privilege to do so or the
22		privilege to obtain a driver's license or permit is revoked or
23		suspended as provided by this Code or the law of another state,
24		except as may be specifically allowed by a judicial driving

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1		permit issued prior to January 1, 2009, monitoring device
2		driving permit, family financial responsibility driving
3		permit, probationary license to drive, or a restricted driving
4		permit issued pursuant to this Code or under the law of another
5		state, shall be guilty of a Class A misdemeanor.
6		(a-3) A second or subsequent violation of subsection (a) of
7		this Section is a Class 4 felony if committed by a person whose
8		driving or operation of a motor vehicle is the proximate cause
9		of a motor vehicle accident that causes personal injury or
10		death to another. For purposes of this subsection, a personal
11		injury includes any Type A injury as indicated on the traffic
12		accident report completed by a law enforcement officer that
13		requires immediate professional attention in either a doctor's
14		office or a medical facility. A Type A injury includes severe
15		bleeding wounds, distorted extremities, and injuries that
16		require the injured party to be carried from the scene.
17		(a-5) Any person who violates this Section as provided in
18		subsection (a) while his or her driver's license, permit or
19		privilege is revoked because of a violation of Section 9-3 of
20		the Criminal Code of 1961 or the Criminal Code of 2012,
21		relating to the offense of reckless homicide or a similar
22		provision of a law of another state, is guilty of a Class 4
23		felony. The person shall be required to undergo a professional
24		evaluation, as provided in Section 11-501 of this Code, to
25		determine if an alcohol, drug, or intoxicating compound problem
26		exists and the extent of the problem, and to undergo the

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1		imposition of treatment as appropriate.
2		(a-10) A person's driver's license, permit, or privilege to
3		obtain a driver's license or permit may be subject to multiple
4		revocations, multiple suspensions, or any combination of both
5		simultaneously. No revocation or suspension shall serve to
6		negate, invalidate, cancel, postpone, or in any way lessen the
7		effect of any other revocation or suspension entered prior or
8		subsequent to any other revocation or suspension.
9		(b) (Blank).
10		(b-1) Upon receiving a report of the conviction of any
11		violation indicating a person was operating a motor vehicle
12		during the time when the person's driver's license, permit or
13		privilege was suspended by the Secretary of State or the
14		driver's licensing administrator of another state, except as
15		specifically allowed by a probationary license, judicial
16		driving permit, restricted driving permit or monitoring device
17		driving permit the Secretary shall extend the suspension for
18		the same period of time as the originally imposed suspension
19		unless the suspension has already expired, in which case the
20		Secretary shall be authorized to suspend the person's driving
21		privileges for the same period of time as the originally
22		imposed suspension.
23		(b-2) Except as provided in subsection (b-6), upon
24		receiving a report of the conviction of any violation
25		indicating a person was operating a motor vehicle when the
26		person's driver's license, permit or privilege was revoked by

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1		the Secretary of State or the driver's license administrator of
2		any other state, except as specifically allowed by a restricted
3		driving permit issued pursuant to this Code or the law of
4		another state, the Secretary shall not issue a driver's license
5		for an additional period of one year from the date of such
6		conviction indicating such person was operating a vehicle
7		during such period of revocation.
8		(b-3) (Blank).
9		(b-4) When the Secretary of State receives a report of a
10		conviction of any violation indicating a person was operating a
11		motor vehicle that was not equipped with an ignition interlock
12		device during a time when the person was prohibited from
13		operating a motor vehicle not equipped with such a device, the
14		Secretary shall not issue a driver's license to that person for
15		an additional period of one year from the date of the
16		conviction.
17		(b-5) Any person convicted of violating this Section shall
18		serve a minimum term of imprisonment of 30 consecutive days or
19		300 hours of community service when the person's driving
20		privilege was revoked or suspended as a result of a violation
21		of Section 9-3 of the Criminal Code of 1961 or the Criminal
22		Code of 2012, relating to the offense of reckless homicide, or
23		a similar provision of a law of another state. The court may
24		give credit toward the fulfillment of community service hours
25		for participation in activities and treatment as determined by
26		court services.

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1		(b-6) Upon receiving a report of a first conviction of
2		operating a motor vehicle while the person's driver's license,
3		permit or privilege was revoked where the revocation was for a
4		violation of Section 9-3 of the Criminal Code of 1961 or the
5		Criminal Code of 2012 relating to the offense of reckless
6		homicide or a similar out-of-state offense, the Secretary shall
7		not issue a driver's license for an additional period of three
8		years from the date of such conviction.
9		(c) Except as provided in subsections (c-3) and (c-4), any
10		person convicted of violating this Section shall serve a
11		minimum term of imprisonment of 10 consecutive days or 30 days
12		of community service when the person's driving privilege was
13		revoked or suspended as a result of:
14		(1) a violation of Section 11-501 of this Code or a
15		similar provision of a local ordinance relating to the
16		offense of operating or being in physical control of a
17		vehicle while under the influence of alcohol, any other
18		drug or any combination thereof; or
19		(2) a violation of paragraph (b) of Section 11-401 of
20		this Code or a similar provision of a local ordinance
21		relating to the offense of leaving the scene of a motor
22		vehicle accident involving personal injury or death; or
23		(3) a statutory summary suspension or revocation under
24		Section 11-501.1 of this Code.
25		Such sentence of imprisonment or community service shall
26		not be subject to suspension in order to reduce such sentence.

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1		(c-1) Except as provided in subsections (c-5) and (d), any
2		person convicted of a second violation of this Section shall be
3		ordered by the court to serve a minimum of 100 hours of
4		community service. The court may give credit toward the
5		fulfillment of community service hours for participation in
6		activities and treatment as determined by court services.
7		(c-2) In addition to other penalties imposed under this
8		Section, the court may impose on any person convicted a fourth
9		time of violating this Section any of the following:
10		(1) Seizure of the license plates of the person's
11		vehicle.
12		(2) Immobilization of the person's vehicle for a period
13		of time to be determined by the court.
14		(c-3) Any person convicted of a violation of this Section
15		during a period of summary suspension imposed pursuant to
16		Section 11-501.1 when the person was eligible for a MDDP shall
17		be guilty of a Class 4 felony and shall serve a minimum term of
18		imprisonment of 30 days.
19		(c-4) Any person who has been issued a MDDP or a restricted
20		driving permit which requires the person to operate only motor
21		vehicles equipped with an ignition interlock device and who is
22		convicted of a violation of this Section as a result of
23		operating or being in actual physical control of a motor
24		vehicle not equipped with an ignition interlock device at the
25		time of the offense shall be guilty of a Class 4 felony and
26		shall serve a minimum term of imprisonment of 30 days.

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1		(c-5) Any person convicted of a second violation of this
2		Section is guilty of a Class 2 felony, is not eligible for
3		probation or conditional discharge, and shall serve a mandatory
4		term of imprisonment, if:
5		(1) the current violation occurred when the person's
6		driver's license was suspended or revoked for a violation
7		of Section 9-3 of the Criminal Code of 1961 or the Criminal
8		Code of 2012, relating to the offense of reckless homicide,
9		or a similar out-of-state offense; and
10		(2) the prior conviction under this Section occurred
11		while the person's driver's license was suspended or
12		revoked for a violation of Section 9-3 of the Criminal Code
13		of 1961 or the Criminal Code of 2012 relating to the
14		offense of reckless homicide, or a similar out-of-state
15		offense, or was suspended or revoked for a violation of
16		Section 11-401 or 11-501 of this Code, a similar
17		out-of-state offense, a similar provision of a local
18		ordinance, or a statutory summary suspension or revocation
19		under Section 11-501.1 of this Code.
20		(d) Any person convicted of a second violation of this
21		Section shall be guilty of a Class 4 felony and shall serve a
22		minimum term of imprisonment of 30 days or 300 hours of
23		community service, as determined by the court, if:
24		(1) the current violation occurred when the person's
25		driver's license was suspended or revoked for a violation
26		of Section 11-401 or 11-501 of this Code, a similar

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1		out-of-state offense, a similar provision of a local
2		ordinance, or a statutory summary suspension or revocation
3		under Section 11-501.1 of this Code; and
4		(2) the prior conviction under this Section occurred
5		while the person's driver's license was suspended or
6		revoked for a violation of Section 11-401 or 11-501 of this
7		Code, a similar out-of-state offense, a similar provision
8		of a local ordinance, or a statutory summary suspension or
9		revocation under Section 11-501.1 of this Code, or for a
10		violation of Section 9-3 of the Criminal Code of 1961 or
11		the Criminal Code of 2012, relating to the offense of
12		reckless homicide, or a similar out-of-state offense.
13		(3) The court may give credit toward the fulfillment of
14		community service hours for participation in activities
15		and treatment as determined by court services.
16		(d-1) Except as provided in subsections (d-2), (d-2.5), and
17		(d-3), any person convicted of a third or subsequent violation
18		of this Section shall serve a minimum term of imprisonment of
19		30 days or 300 hours of community service, as determined by the
20		court. The court may give credit toward the fulfillment of
21		community service hours for participation in activities and
22		treatment as determined by court services.
23		(d-2) Any person convicted of a third violation of this
24		Section is guilty of a Class 4 felony and must serve a minimum
25		term of imprisonment of 30 days, if:
26		(1) the current violation occurred when the person's

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1		driver's license was suspended or revoked for a violation
2		of Section 11-401 or 11-501 of this Code, or a similar
3		out-of-state offense, or a similar provision of a local
4		ordinance, or a statutory summary suspension or revocation
5		under Section 11-501.1 of this Code; and
6		(2) the prior convictions under this Section occurred
7		while the person's driver's license was suspended or
8		revoked for a violation of Section 11-401 or 11-501 of this
9		Code, a similar out-of-state offense, a similar provision
10		of a local ordinance, or a statutory summary suspension or
11		revocation under Section 11-501.1 of this Code, or for a
12		violation of Section 9-3 of the Criminal Code of 1961 or
13		the Criminal Code of 2012, relating to the offense of
14		reckless homicide, or a similar out-of-state offense.
15		(d-2.5) Any person convicted of a third violation of this
16		Section is guilty of a Class 1 felony, is not eligible for
17		probation or conditional discharge, and must serve a mandatory
18		term of imprisonment, if:
19		(1) the current violation occurred while the person's
20		driver's license was suspended or revoked for a violation
21		of Section 9-3 of the Criminal Code of 1961 or the Criminal
22		Code of 2012, relating to the offense of reckless homicide,
23		or a similar out-of-state offense. The person's driving
24		privileges shall be revoked for the remainder of the
25		person's life; and
26		(2) the prior convictions under this Section occurred

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1		while the person's driver's license was suspended or
2		revoked for a violation of Section 9-3 of the Criminal Code
3		of 1961 or the Criminal Code of 2012, relating to the
4		offense of reckless homicide, or a similar out-of-state
5		offense, or was suspended or revoked for a violation of
6		Section 11-401 or 11-501 of this Code, a similar
7		out-of-state offense, a similar provision of a local
8		ordinance, or a statutory summary suspension or revocation
9		under Section 11-501.1 of this Code.
10		(d-3) Any person convicted of a fourth, fifth, sixth,
11		seventh, eighth, or ninth violation of this Section is guilty
12		of a Class 4 felony and must serve a minimum term of
13		imprisonment of 180 days, if:
14		(1) the current violation occurred when the person's
15		driver's license was suspended or revoked for a violation
16		of Section 11-401 or 11-501 of this Code, a similar
17		out-of-state offense, a similar provision of a local
18		ordinance, or a statutory summary suspension or revocation
19		under Section 11-501.1 of this Code; and
20		(2) the prior convictions under this Section occurred
21		while the person's driver's license was suspended or
22		revoked for a violation of Section 11-401 or 11-501 of this
23		Code, a similar out-of-state offense, a similar provision
24		of a local ordinance, or a statutory summary suspension or
25		revocation under Section 11-501.1 of this Code, or for a
26		violation of Section 9-3 of the Criminal Code of 1961 or

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1		the Criminal Code of 2012, relating to the offense of
2		reckless homicide, or a similar out-of-state offense.
3		(d-3.5) Any person convicted of a fourth or subsequent
4		violation of this Section is guilty of a Class 1 felony, is not
5		eligible for probation or conditional discharge, and must serve
6		a mandatory term of imprisonment, and is eligible for an
7		extended term, if:
8		(1) the current violation occurred when the person's
9		driver's license was suspended or revoked for a violation
10		of Section 9-3 of the Criminal Code of 1961 or the Criminal
11		Code of 2012, relating to the offense of reckless homicide,
12		or a similar out-of-state offense; and
13		(2) the prior convictions under this Section occurred
14		while the person's driver's license was suspended or
15		revoked for a violation of Section 9-3 of the Criminal Code
16		of 1961 or the Criminal Code of 2012, relating to the
17		offense of reckless homicide, or a similar out-of-state
18		offense, or was suspended or revoked for a violation of
19		Section 11-401 or 11-501 of this Code, a similar
20		out-of-state offense, a similar provision of a local
21		ordinance, or a statutory summary suspension or revocation
22		under Section 11-501.1 of this Code.
23		(d-4) Any person convicted of a tenth, eleventh, twelfth,
24		thirteenth, or fourteenth violation of this Section is guilty
25		of a Class 3 felony, and is not eligible for probation or
26		conditional discharge, if:

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1		(1) the current violation occurred when the person's
2		driver's license was suspended or revoked for a violation
3		of Section 11-401 or 11-501 of this Code, or a similar
4		out-of-state offense, or a similar provision of a local
5		ordinance, or a statutory summary suspension or revocation
6		under Section 11-501.1 of this Code; and
7		(2) the prior convictions under this Section occurred
8		while the person's driver's license was suspended or
9		revoked for a violation of Section 11-401 or 11-501 of this
10		Code, a similar out-of-state offense, a similar provision
11		of a local ordinance, or a statutory suspension or
12		revocation under Section 11-501.1 of this Code, or for a
13		violation of Section 9-3 of the Criminal Code of 1961 or
14		the Criminal Code of 2012, relating to the offense of
15		reckless homicide, or a similar out-of-state offense.
16		(d-5) Any person convicted of a fifteenth or subsequent
17		violation of this Section is guilty of a Class 2 felony, and is
18		not eligible for probation or conditional discharge, if:
19		(1) the current violation occurred when the person's
20		driver's license was suspended or revoked for a violation
21		of Section 11-401 or 11-501 of this Code, or a similar
22		out-of-state offense, or a similar provision of a local
23		ordinance, or a statutory summary suspension or revocation
24		under Section 11-501.1 of this Code; and
25		(2) the prior convictions under this Section occurred
26		while the person's driver's license was suspended or

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1		revoked for a violation of Section 11-401 or 11-501 of this
2		Code, a similar out-of-state offense, a similar provision
3		of a local ordinance, or a statutory summary suspension or
4		revocation under Section 11-501.1 of this Code, or for a
5		violation of Section 9-3 of the Criminal Code of 1961 or
6		the Criminal Code of 2012, relating to the offense of
7		reckless homicide, or a similar out-of-state offense.
8		(e) Any person in violation of this Section who is also in
9		violation of Section 7-601 of this Code relating to mandatory
10		insurance requirements, in addition to other penalties imposed
11		under this Section, shall have his or her motor vehicle
12		immediately impounded by the arresting law enforcement
13		officer. The motor vehicle may be released to any licensed
14		driver upon a showing of proof of insurance for the vehicle
15		that was impounded and the notarized written consent for the
16		release by the vehicle owner.
17		(f) For any prosecution under this Section, a certified
18		copy of the driving abstract of the defendant shall be admitted
19		as proof of any prior conviction.
20		(g) The motor vehicle used in a violation of this Section
21		is subject to seizure and forfeiture as provided in Sections
22		36-1 and 36-2 of the Criminal Code of 2012 if the person's
23		driving privilege was revoked or suspended as a result of:
24		(1) a violation of Section 11-501 of this Code, a
25		similar provision of a local ordinance, or a similar
26		provision of a law of another state;

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1		(2) a violation of paragraph (b) of Section 11-401 of
2		this Code, a similar provision of a local ordinance, or a
3		similar provision of a law of another state;
4		(3) a statutory summary suspension or revocation under
5		Section 11-501.1 of this Code or a similar provision of a
6		law of another state; or
7		(4) a violation of Section 9-3 of the Criminal Code of
8		1961 or the Criminal Code of 2012 relating to the offense
9		of reckless homicide, or a similar provision of a law of
10		another state.
11		(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
12		98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
13		1-1-16.)
14		(Text of Section after amendment by P.A. 100-149)
15		Sec. 6-303. Driving while driver's license, permit or
16		privilege to operate a motor vehicle is suspended or revoked.
17		(a) Except as otherwise provided in subsection (a-5), any
18		person who drives or is in actual physical control of a motor
19		vehicle on any highway of this State at a time when such
20		person's driver's license, permit or privilege to do so or the
21		privilege to obtain a driver's license or permit is revoked or
22		suspended as provided by this Code or the law of another state,
23		except as may be specifically allowed by a judicial driving
24		permit issued prior to January 1, 2009, monitoring device
25		driving permit, family financial responsibility driving

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1		permit, probationary license to drive, or a restricted driving
2		permit issued pursuant to this Code or under the law of another
3		state, shall be guilty of a Class A misdemeanor.
4		(a-3) A second or subsequent violation of subsection (a) of
5		this Section is a Class 4 felony if committed by a person whose
6		driving or operation of a motor vehicle is the proximate cause
7		of a motor vehicle accident that causes personal injury or
8		death to another. For purposes of this subsection, a personal
9		injury includes any Type A injury as indicated on the traffic
10		accident report completed by a law enforcement officer that
11		requires immediate professional attention in either a doctor's
12		office or a medical facility. A Type A injury includes severe
13		bleeding wounds, distorted extremities, and injuries that
14		require the injured party to be carried from the scene.
15		(a-5) Any person who violates this Section as provided in
16		subsection (a) while his or her driver's license, permit or
17		privilege is revoked because of a violation of Section 9-3 of
18		the Criminal Code of 1961 or the Criminal Code of 2012,
19		relating to the offense of reckless homicide, or a violation of
20		subparagraph (F) of paragraph (1) of subsection (d) of Section
21		11-501 of this Code, relating to the offense of aggravated
22		driving under the influence of alcohol, other drug or drugs, or
23		intoxicating compound or compounds, or any combination thereof
24		when the violation was a proximate cause of a death, or a
25		similar provision of a law of another state, is guilty of a
26		Class 4 felony. The person shall be required to undergo a

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1		professional evaluation, as provided in Section 11-501 of this
2		Code, to determine if an alcohol, drug, or intoxicating
3		compound problem exists and the extent of the problem, and to
4		undergo the imposition of treatment as appropriate.
5		(a-10) A person's driver's license, permit, or privilege to
6		obtain a driver's license or permit may be subject to multiple
7		revocations, multiple suspensions, or any combination of both
8		simultaneously. No revocation or suspension shall serve to
9		negate, invalidate, cancel, postpone, or in any way lessen the
10		effect of any other revocation or suspension entered prior or
11		subsequent to any other revocation or suspension.
12		(b) (Blank).
13		(b-1) Upon receiving a report of the conviction of any
14		violation indicating a person was operating a motor vehicle
15		during the time when the person's driver's license, permit or
16		privilege was suspended by the Secretary of State or the
17		driver's licensing administrator of another state, except as
18		specifically allowed by a probationary license, judicial
19		driving permit, restricted driving permit or monitoring device
20		driving permit the Secretary shall extend the suspension for
21		the same period of time as the originally imposed suspension
22		unless the suspension has already expired, in which case the
23		Secretary shall be authorized to suspend the person's driving
24		privileges for the same period of time as the originally
25		imposed suspension.
26		(b-2) Except as provided in subsection (b-6), upon

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1		receiving a report of the conviction of any violation
2		indicating a person was operating a motor vehicle when the
3		person's driver's license, permit or privilege was revoked by
4		the Secretary of State or the driver's license administrator of
5		any other state, except as specifically allowed by a restricted
6		driving permit issued pursuant to this Code or the law of
7		another state, the Secretary shall not issue a driver's license
8		for an additional period of one year from the date of such
9		conviction indicating such person was operating a vehicle
10		during such period of revocation.
11		(b-3) (Blank).
12		(b-4) When the Secretary of State receives a report of a
13		conviction of any violation indicating a person was operating a
14		motor vehicle that was not equipped with an ignition interlock
15		device during a time when the person was prohibited from
16		operating a motor vehicle not equipped with such a device, the
17		Secretary shall not issue a driver's license to that person for
18		an additional period of one year from the date of the
19		conviction.
20		(b-5) Any person convicted of violating this Section shall
21		serve a minimum term of imprisonment of 30 consecutive days or
22		300 hours of community service when the person's driving
23		privilege was revoked or suspended as a result of a violation
24		of Section 9-3 of the Criminal Code of 1961 or the Criminal
25		Code of 2012, relating to the offense of reckless homicide, or
26		a violation of subparagraph (F) of paragraph (1) of subsection

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1		(d) of Section 11-501 of this Code, relating to the offense of
2		aggravated driving under the influence of alcohol, other drug
3		or drugs, or intoxicating compound or compounds, or any
4		combination thereof when the violation was a proximate cause of
5		a death, or a similar provision of a law of another state. The
6		court may give credit toward the fulfillment of community
7		service hours for participation in activities and treatment as
8		determined by court services.
9		(b-6) Upon receiving a report of a first conviction of
10		operating a motor vehicle while the person's driver's license,
11		permit or privilege was revoked where the revocation was for a
12		violation of Section 9-3 of the Criminal Code of 1961 or the
13		Criminal Code of 2012 relating to the offense of reckless
14		homicide, or a violation of subparagraph (F) of paragraph (1)
15		of subsection (d) of Section 11-501 of this Code, relating to
16		the offense of aggravated driving under the influence of
17		alcohol, other drug or drugs, or intoxicating compound or
18		compounds, or any combination thereof when the violation was a
19		proximate cause of a death, or a similar out-of-state offense,
20		the Secretary shall not issue a driver's license for an
21		additional period of three years from the date of such
22		conviction.
23		(c) Except as provided in subsections (c-3) and (c-4), any
24		person convicted of violating this Section shall serve a
25		minimum term of imprisonment of 10 consecutive days or 30 days
26		of community service when the person's driving privilege was

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1		revoked or suspended as a result of:
2		(1) a violation of Section 11-501 of this Code or a
3		similar provision of a local ordinance relating to the
4		offense of operating or being in physical control of a
5		vehicle while under the influence of alcohol, any other
6		drug or any combination thereof; or
7		(2) a violation of paragraph (b) of Section 11-401 of
8		this Code or a similar provision of a local ordinance
9		relating to the offense of leaving the scene of a motor
10		vehicle accident involving personal injury or death; or
11		(3) a statutory summary suspension or revocation under
12		Section 11-501.1 of this Code.
13		Such sentence of imprisonment or community service shall
14		not be subject to suspension in order to reduce such sentence.
15		(c-1) Except as provided in subsections (c-5) and (d), any
16		person convicted of a second violation of this Section shall be
17		ordered by the court to serve a minimum of 100 hours of
18		community service. The court may give credit toward the
19		fulfillment of community service hours for participation in
20		activities and treatment as determined by court services.
21		(c-2) In addition to other penalties imposed under this
22		Section, the court may impose on any person convicted a fourth
23		time of violating this Section any of the following:
24		(1) Seizure of the license plates of the person's
25		vehicle.
26		(2) Immobilization of the person's vehicle for a period

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1		of time to be determined by the court.
2		(c-3) Any person convicted of a violation of this Section
3		during a period of summary suspension imposed pursuant to
4		Section 11-501.1 when the person was eligible for a MDDP shall
5		be guilty of a Class 4 felony and shall serve a minimum term of
6		imprisonment of 30 days.
7		(c-4) Any person who has been issued a MDDP or a restricted
8		driving permit which requires the person to operate only motor
9		vehicles equipped with an ignition interlock device and who is
10		convicted of a violation of this Section as a result of
11		operating or being in actual physical control of a motor
12		vehicle not equipped with an ignition interlock device at the
13		time of the offense shall be guilty of a Class 4 felony and
14		shall serve a minimum term of imprisonment of 30 days.
15		(c-5) Any person convicted of a second violation of this
16		Section is guilty of a Class 2 felony, is not eligible for
17		probation or conditional discharge, and shall serve a mandatory
18		term of imprisonment, if:
19		(1) the current violation occurred when the person's
20		driver's license was suspended or revoked for a violation
21		of Section 9-3 of the Criminal Code of 1961 or the Criminal
22		Code of 2012, relating to the offense of reckless homicide,
23		or a violation of subparagraph (F) of paragraph (1) of
24		subsection (d) of Section 11-501 of this Code, relating to
25		the offense of aggravated driving under the influence of
26		alcohol, other drug or drugs, or intoxicating compound or

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1		compounds, or any combination thereof when the violation
2		was a proximate cause of a death, or a similar out-of-state
3		offense; and
4		(2) the prior conviction under this Section occurred
5		while the person's driver's license was suspended or
6		revoked for a violation of Section 9-3 of the Criminal Code
7		of 1961 or the Criminal Code of 2012 relating to the
8		offense of reckless homicide, or a violation of
9		subparagraph (F) of paragraph (1) of subsection (d) of
10		Section 11-501 of this Code, relating to the offense of
11		aggravated driving under the influence of alcohol, other
12		drug or drugs, or intoxicating compound or compounds, or
13		any combination thereof when the violation was a proximate
14		cause of a death, or a similar out-of-state offense, or was
15		suspended or revoked for a violation of Section 11-401 or
16		11-501 of this Code, a similar out-of-state offense, a
17		similar provision of a local ordinance, or a statutory
18		summary suspension or revocation under Section 11-501.1 of
19		this Code.
20		(d) Any person convicted of a second violation of this
21		Section shall be guilty of a Class 4 felony and shall serve a
22		minimum term of imprisonment of 30 days or 300 hours of
23		community service, as determined by the court, if:
24		(1) the current violation occurred when the person's
25		driver's license was suspended or revoked for a violation
26		of Section 11-401 or 11-501 of this Code, a similar

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1		out-of-state offense, a similar provision of a local
2		ordinance, or a statutory summary suspension or revocation
3		under Section 11-501.1 of this Code; and
4		(2) the prior conviction under this Section occurred
5		while the person's driver's license was suspended or
6		revoked for a violation of Section 11-401 or 11-501 of this
7		Code, a similar out-of-state offense, a similar provision
8		of a local ordinance, or a statutory summary suspension or
9		revocation under Section 11-501.1 of this Code, or for a
10		violation of Section 9-3 of the Criminal Code of 1961 or
11		the Criminal Code of 2012, relating to the offense of
12		reckless homicide, or a violation of subparagraph (F) of
13		paragraph (1) of subsection (d) of Section 11-501 of this
14		Code, relating to the offense of aggravated driving under
15		the influence of alcohol, other drug or drugs, or
16		intoxicating compound or compounds, or any combination
17		thereof when the violation was a proximate cause of a
18		death, or a similar out-of-state offense.
19		(3) The court may give credit toward the fulfillment of
20		community service hours for participation in activities
21		and treatment as determined by court services.
22		(d-1) Except as provided in subsections (d-2), (d-2.5), and
23		(d-3), any person convicted of a third or subsequent violation
24		of this Section shall serve a minimum term of imprisonment of
25		30 days or 300 hours of community service, as determined by the
26		court. The court may give credit toward the fulfillment of

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1		community service hours for participation in activities and
2		treatment as determined by court services.
3		(d-2) Any person convicted of a third violation of this
4		Section is guilty of a Class 4 felony and must serve a minimum
5		term of imprisonment of 30 days, if:
6		(1) the current violation occurred when the person's
7		driver's license was suspended or revoked for a violation
8		of Section 11-401 or 11-501 of this Code, or a similar
9		out-of-state offense, or a similar provision of a local
10		ordinance, or a statutory summary suspension or revocation
11		under Section 11-501.1 of this Code; and
12		(2) the prior convictions under this Section occurred
13		while the person's driver's license was suspended or
14		revoked for a violation of Section 11-401 or 11-501 of this
15		Code, a similar out-of-state offense, a similar provision
16		of a local ordinance, or a statutory summary suspension or
17		revocation under Section 11-501.1 of this Code, or for a
18		violation of Section 9-3 of the Criminal Code of 1961 or
19		the Criminal Code of 2012, relating to the offense of
20		reckless homicide, or a violation of subparagraph (F) of
21		paragraph (1) of subsection (d) of Section 11-501 of this
22		Code, relating to the offense of aggravated driving under
23		the influence of alcohol, other drug or drugs, or
24		intoxicating compound or compounds, or any combination
25		thereof when the violation was a proximate cause of a
26		death, or a similar out-of-state offense.

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1		(d-2.5) Any person convicted of a third violation of this
2		Section is guilty of a Class 1 felony, is not eligible for
3		probation or conditional discharge, and must serve a mandatory
4		term of imprisonment, if:
5		(1) the current violation occurred while the person's
6		driver's license was suspended or revoked for a violation
7		of Section 9-3 of the Criminal Code of 1961 or the Criminal
8		Code of 2012, relating to the offense of reckless homicide,
9		or a violation of subparagraph (F) of paragraph (1) of
10		subsection (d) of Section 11-501 of this Code, relating to
11		the offense of aggravated driving under the influence of
12		alcohol, other drug or drugs, or intoxicating compound or
13		compounds, or any combination thereof when the violation
14		was a proximate cause of a death, or a similar out-of-state
15		offense. The person's driving privileges shall be revoked
16		for the remainder of the person's life; and
17		(2) the prior convictions under this Section occurred
18		while the person's driver's license was suspended or
19		revoked for a violation of Section 9-3 of the Criminal Code
20		of 1961 or the Criminal Code of 2012, relating to the
21		offense of reckless homicide, or a violation of
22		subparagraph (F) of paragraph (1) of subsection (d) of
23		Section 11-501 of this Code, relating to the offense of
24		aggravated driving under the influence of alcohol, other
25		drug or drugs, or intoxicating compound or compounds, or
26		any combination thereof when the violation was a proximate

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1		cause of a death, or a similar out-of-state offense, or was
2		suspended or revoked for a violation of Section 11-401 or
3		11-501 of this Code, a similar out-of-state offense, a
4		similar provision of a local ordinance, or a statutory
5		summary suspension or revocation under Section 11-501.1 of
6		this Code.
7		(d-3) Any person convicted of a fourth, fifth, sixth,
8		seventh, eighth, or ninth violation of this Section is guilty
9		of a Class 4 felony and must serve a minimum term of
10		imprisonment of 180 days, if:
11		(1) the current violation occurred when the person's
12		driver's license was suspended or revoked for a violation
13		of Section 11-401 or 11-501 of this Code, a similar
14		out-of-state offense, a similar provision of a local
15		ordinance, or a statutory summary suspension or revocation
16		under Section 11-501.1 of this Code; and
17		(2) the prior convictions under this Section occurred
18		while the person's driver's license was suspended or
19		revoked for a violation of Section 11-401 or 11-501 of this
20		Code, a similar out-of-state offense, a similar provision
21		of a local ordinance, or a statutory summary suspension or
22		revocation under Section 11-501.1 of this Code, or for a
23		violation of Section 9-3 of the Criminal Code of 1961 or
24		the Criminal Code of 2012, relating to the offense of
25		reckless homicide, or a violation of subparagraph (F) of
26		paragraph (1) of subsection (d) of Section 11-501 of this

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1		Code, relating to the offense of aggravated driving under
2		the influence of alcohol, other drug or drugs, or
3		intoxicating compound or compounds, or any combination
4		thereof when the violation was a proximate cause of a
5		death, or a similar out-of-state offense.
6		(d-3.5) Any person convicted of a fourth or subsequent
7		violation of this Section is guilty of a Class 1 felony, is not
8		eligible for probation or conditional discharge, and must serve
9		a mandatory term of imprisonment, and is eligible for an
10		extended term, if:
11		(1) the current violation occurred when the person's
12		driver's license was suspended or revoked for a violation
13		of Section 9-3 of the Criminal Code of 1961 or the Criminal
14		Code of 2012, relating to the offense of reckless homicide,
15		or a violation of subparagraph (F) of paragraph (1) of
16		subsection (d) of Section 11-501 of this Code, relating to
17		the offense of aggravated driving under the influence of
18		alcohol, other drug or drugs, or intoxicating compound or
19		compounds, or any combination thereof when the violation
20		was a proximate cause of a death, or a similar out-of-state
21		offense; and
22		(2) the prior convictions under this Section occurred
23		while the person's driver's license was suspended or
24		revoked for a violation of Section 9-3 of the Criminal Code
25		of 1961 or the Criminal Code of 2012, relating to the
26		offense of reckless homicide, or a violation of

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1		subparagraph (F) of paragraph (1) of subsection (d) of
2		Section 11-501 of this Code, relating to the offense of
3		aggravated driving under the influence of alcohol, other
4		drug or drugs, or intoxicating compound or compounds, or
5		any combination thereof when the violation was a proximate
6		cause of a death, or a similar out-of-state offense, or was
7		suspended or revoked for a violation of Section 11-401 or
8		11-501 of this Code, a similar out-of-state offense, a
9		similar provision of a local ordinance, or a statutory
10		summary suspension or revocation under Section 11-501.1 of
11		this Code.
12		(d-4) Any person convicted of a tenth, eleventh, twelfth,
13		thirteenth, or fourteenth violation of this Section is guilty
14		of a Class 3 felony, and is not eligible for probation or
15		conditional discharge, if:
16		(1) the current violation occurred when the person's
17		driver's license was suspended or revoked for a violation
18		of Section 11-401 or 11-501 of this Code, or a similar
19		out-of-state offense, or a similar provision of a local
20		ordinance, or a statutory summary suspension or revocation
21		under Section 11-501.1 of this Code; and
22		(2) the prior convictions under this Section occurred
23		while the person's driver's license was suspended or
24		revoked for a violation of Section 11-401 or 11-501 of this
25		Code, a similar out-of-state offense, a similar provision
26		of a local ordinance, or a statutory suspension or

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1		revocation under Section 11-501.1 of this Code, or for a
2		violation of Section 9-3 of the Criminal Code of 1961 or
3		the Criminal Code of 2012, relating to the offense of
4		reckless homicide, or a violation of subparagraph (F) of
5		paragraph (1) of subsection (d) of Section 11-501 of this
6		Code, relating to the offense of aggravated driving under
7		the influence of alcohol, other drug or drugs, or
8		intoxicating compound or compounds, or any combination
9		thereof when the violation was a proximate cause of a
10		death, or a similar out-of-state offense.
11		(d-5) Any person convicted of a fifteenth or subsequent
12		violation of this Section is guilty of a Class 2 felony, and is
13		not eligible for probation or conditional discharge, if:
14		(1) the current violation occurred when the person's
15		driver's license was suspended or revoked for a violation
16		of Section 11-401 or 11-501 of this Code, or a similar
17		out-of-state offense, or a similar provision of a local
18		ordinance, or a statutory summary suspension or revocation
19		under Section 11-501.1 of this Code; and
20		(2) the prior convictions under this Section occurred
21		while the person's driver's license was suspended or
22		revoked for a violation of Section 11-401 or 11-501 of this
23		Code, a similar out-of-state offense, a similar provision
24		of a local ordinance, or a statutory summary suspension or
25		revocation under Section 11-501.1 of this Code, or for a
26		violation of Section 9-3 of the Criminal Code of 1961 or

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1		the Criminal Code of 2012, relating to the offense of
2		reckless homicide, or a violation of subparagraph (F) of
3		paragraph (1) of subsection (d) of Section 11-501 of this
4		Code, relating to the offense of aggravated driving under
5		the influence of alcohol, other drug or drugs, or
6		intoxicating compound or compounds, or any combination
7		thereof when the violation was a proximate cause of a
8		death, or a similar out-of-state offense.
9		(e) Any person in violation of this Section who is also in
10		violation of Section 7-601 of this Code relating to mandatory
11		insurance requirements, in addition to other penalties imposed
12		under this Section, shall have his or her motor vehicle
13		immediately impounded by the arresting law enforcement
14		officer. The motor vehicle may be released to any licensed
15		driver upon a showing of proof of insurance for the vehicle
16		that was impounded and the notarized written consent for the
17		release by the vehicle owner.
18		(f) For any prosecution under this Section, a certified
19		copy of the driving abstract of the defendant shall be admitted
20		as proof of any prior conviction.
21		(g) The motor vehicle used in a violation of this Section
22		is subject to seizure and forfeiture as provided in Sections
23		36-1 and 36-2 of the Criminal Code of 2012 if the person's
24		driving privilege was revoked or suspended as a result of:
25		(1) a violation of Section 11-501 of this Code, a
26		similar provision of a local ordinance, or a similar

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1		provision of a law of another state;
2		(2) a violation of paragraph (b) of Section 11-401 of
3		this Code, a similar provision of a local ordinance, or a
4		similar provision of a law of another state;
5		(3) a statutory summary suspension or revocation under
6		Section 11-501.1 of this Code or a similar provision of a
7		law of another state; or
8		(4) a violation of Section 9-3 of the Criminal Code of
9		1961 or the Criminal Code of 2012 relating to the offense
10		of reckless homicide, or a violation of subparagraph (F) of
11		paragraph (1) of subsection (d) of Section 11-501 of this
12		Code, relating to the offense of aggravated driving under
13		the influence of alcohol, other drug or drugs, or
14		intoxicating compound or compounds, or any combination
15		thereof when the violation was a proximate cause of a
16		death, or a similar provision of a law of another state.
17		(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)
18		Section 15. The Cannabis Control Act is amended by changing
19		Section 10 as follows:
20		(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
21		(Text of Section before amendment by P.A. 100-3)
22		Sec. 10. (a) Whenever any person who has not previously
23		been convicted of, or placed on probation or court supervision
24		for, any offense under this Act or any law of the United States

SB1607 Enrolled - 36 - LRB100 11093 RLC 21351 b
1		or of any State relating to cannabis, or controlled substances
2		as defined in the Illinois Controlled Substances Act, pleads
3		guilty to or is found guilty of violating Sections 4(a), 4(b),
4		4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
5		entering a judgment and with the consent of such person,
6		sentence him to probation.
7		(b) When a person is placed on probation, the court shall
8		enter an order specifying a period of probation of 24 months,
9		and shall defer further proceedings in the case until the
10		conclusion of the period or until the filing of a petition
11		alleging violation of a term or condition of probation.
12		(c) The conditions of probation shall be that the person:
13		(1) not violate any criminal statute of any jurisdiction; (2)
14		refrain from possession of a firearm or other dangerous weapon;
15		(3) submit to periodic drug testing at a time and in a manner
16		as ordered by the court, but no less than 3 times during the
17		period of the probation, with the cost of the testing to be
18		paid by the probationer; and (4) perform no less than 30 hours
19		of community service, provided community service is available
20		in the jurisdiction and is funded and approved by the county
21		board. The court may give credit toward the fulfillment of
22		community service hours for participation in activities and
23		treatment as determined by court services.
24		(d) The court may, in addition to other conditions, require
25		that the person:
26		(1) make a report to and appear in person before or

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1		participate with the court or such courts, person, or
2		social service agency as directed by the court in the order
3		of probation;
4		(2) pay a fine and costs;
5		(3) work or pursue a course of study or vocational
6		training;
7		(4) undergo medical or psychiatric treatment; or
8		treatment for drug addiction or alcoholism;
9		(5) attend or reside in a facility established for the
10		instruction or residence of defendants on probation;
11		(6) support his dependents;
12		(7) refrain from possessing a firearm or other
13		dangerous weapon;
14		(7-5) refrain from having in his or her body the
15		presence of any illicit drug prohibited by the Cannabis
16		Control Act, the Illinois Controlled Substances Act, or the
17		Methamphetamine Control and Community Protection Act,
18		unless prescribed by a physician, and submit samples of his
19		or her blood or urine or both for tests to determine the
20		presence of any illicit drug;
21		(8) and in addition, if a minor:
22		(i) reside with his parents or in a foster home;
23		(ii) attend school;
24		(iii) attend a non-residential program for youth;
25		(iv) contribute to his own support at home or in a
26		foster home.

SB1607 Enrolled - 38 - LRB100 11093 RLC 21351 b
1		(e) Upon violation of a term or condition of probation, the
2		court may enter a judgment on its original finding of guilt and
3		proceed as otherwise provided.
4		(f) Upon fulfillment of the terms and conditions of
5		probation, the court shall discharge such person and dismiss
6		the proceedings against him.
7		(g) A disposition of probation is considered to be a
8		conviction for the purposes of imposing the conditions of
9		probation and for appeal, however, discharge and dismissal
10		under this Section is not a conviction for purposes of
11		disqualification or disabilities imposed by law upon
12		conviction of a crime (including the additional penalty imposed
13		for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
14		of this Act).
15		(h) Discharge and dismissal under this Section, Section 410
16		of the Illinois Controlled Substances Act, Section 70 of the
17		Methamphetamine Control and Community Protection Act, Section
18		5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
19		subsection (c) of Section 11-14 of the Criminal Code of 1961 or
20		the Criminal Code of 2012 may occur only once with respect to
21		any person.
22		(i) If a person is convicted of an offense under this Act,
23		the Illinois Controlled Substances Act, or the Methamphetamine
24		Control and Community Protection Act within 5 years subsequent
25		to a discharge and dismissal under this Section, the discharge
26		and dismissal under this Section shall be admissible in the

SB1607 Enrolled - 39 - LRB100 11093 RLC 21351 b
1		sentencing proceeding for that conviction as a factor in
2		aggravation.
3		(j) Notwithstanding subsection (a), before a person is
4		sentenced to probation under this Section, the court may refer
5		the person to the drug court established in that judicial
6		circuit pursuant to Section 15 of the Drug Court Treatment Act.
7		The drug court team shall evaluate the person's likelihood of
8		successfully completing a sentence of probation under this
9		Section and shall report the results of its evaluation to the
10		court. If the drug court team finds that the person suffers
11		from a substance abuse problem that makes him or her
12		substantially unlikely to successfully complete a sentence of
13		probation under this Section, then the drug court shall set
14		forth its findings in the form of a written order, and the
15		person shall not be sentenced to probation under this Section,
16		but may be considered for the drug court program.
17		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
18		(Text of Section after amendment by P.A. 100-3)
19		Sec. 10. (a) Whenever any person who has not previously
20		been convicted of any felony offense under this Act or any law
21		of the United States or of any State relating to cannabis, or
22		controlled substances as defined in the Illinois Controlled
23		Substances Act, pleads guilty to or is found guilty of
24		violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
25		this Act, the court may, without entering a judgment and with

SB1607 Enrolled - 40 - LRB100 11093 RLC 21351 b
1		the consent of such person, sentence him to probation.
2		(b) When a person is placed on probation, the court shall
3		enter an order specifying a period of probation of 24 months,
4		and shall defer further proceedings in the case until the
5		conclusion of the period or until the filing of a petition
6		alleging 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 jurisdiction; (2)
9		refrain from possession of a firearm or other dangerous weapon;
10		(3) submit to periodic drug testing at a time and in a manner
11		as ordered by the court, but no less than 3 times during the
12		period of the probation, with the cost of the testing to be
13		paid by the probationer; and (4) perform no less than 30 hours
14		of community service, provided community service is available
15		in the jurisdiction and is funded and approved by the county
16		board. The court may give credit toward the fulfillment of
17		community service hours for participation in activities and
18		treatment as determined by court services.
19		(d) The court may, in addition to other conditions, require
20		that the person:
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

SB1607 Enrolled - 41 - LRB100 11093 RLC 21351 b
1		training;
2		(4) undergo medical or psychiatric treatment; or
3		treatment for drug addiction or alcoholism;
4		(5) attend or reside in a facility established for the
5		instruction or residence of defendants on probation;
6		(6) support his dependents;
7		(7) refrain from possessing a firearm or other
8		dangerous weapon;
9		(7-5) refrain from having in his or her body the
10		presence of any illicit drug prohibited by the Cannabis
11		Control Act, the Illinois Controlled Substances Act, or the
12		Methamphetamine Control and Community Protection Act,
13		unless prescribed by a physician, and submit samples of his
14		or her blood or urine or both for tests to determine the
15		presence of any illicit drug;
16		(8) and in addition, if a minor:
17		(i) reside with his parents or in a foster home;
18		(ii) attend school;
19		(iii) attend a non-residential program for youth;
20		(iv) contribute to his own support at home or in a
21		foster home.
22		(e) Upon violation of a term or condition of probation, the
23		court may enter a judgment on its original finding of guilt and
24		proceed as otherwise provided.
25		(f) Upon fulfillment of the terms and conditions of
26		probation, the court shall discharge such person and dismiss

SB1607 Enrolled - 42 - LRB100 11093 RLC 21351 b
1		the proceedings against him.
2		(g) A disposition of probation is considered to be a
3		conviction for the purposes of imposing the conditions of
4		probation and for appeal, however, discharge and dismissal
5		under this Section is not a conviction for purposes of
6		disqualification or disabilities imposed by law upon
7		conviction of a crime (including the additional penalty imposed
8		for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
9		of this Act).
10		(h) A person may not have more than one discharge and
11		dismissal under this Section within a 4-year period.
12		(i) If a person is convicted of an offense under this Act,
13		the Illinois Controlled Substances Act, or the Methamphetamine
14		Control and Community Protection Act within 5 years subsequent
15		to a discharge and dismissal under this Section, the discharge
16		and dismissal under this Section shall be admissible in the
17		sentencing proceeding for that conviction as a factor in
18		aggravation.
19		(j) Notwithstanding subsection (a), before a person is
20		sentenced to probation under this Section, the court may refer
21		the person to the drug court established in that judicial
22		circuit pursuant to Section 15 of the Drug Court Treatment Act.
23		The drug court team shall evaluate the person's likelihood of
24		successfully completing a sentence of probation under this
25		Section and shall report the results of its evaluation to the
26		court. If the drug court team finds that the person suffers

SB1607 Enrolled - 43 - LRB100 11093 RLC 21351 b
1		from a substance abuse problem that makes him or her
2		substantially unlikely to successfully complete a sentence of
3		probation under this Section, then the drug court shall set
4		forth its findings in the form of a written order, and the
5		person shall not be sentenced to probation under this Section,
6		but shall be considered for the drug court program.
7		(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
8		Section 20. The Illinois Controlled Substances Act is
9		amended by changing Section 410 as follows:
10		(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
11		(Text of Section before amendment by P.A. 100-3)
12		Sec. 410. (a) Whenever any person who has not previously
13		been convicted of, or placed on probation or court supervision
14		for any offense under this Act or any law of the United States
15		or of any State relating to cannabis or controlled substances,
16		pleads guilty to or is found guilty of possession of a
17		controlled or counterfeit substance under subsection (c) of
18		Section 402 or of unauthorized possession of prescription form
19		under Section 406.2, the court, without entering a judgment and
20		with the consent of such person, may sentence him or her to
21		probation.
22		(b) When a person is placed on probation, the court shall
23		enter an order specifying a period of probation of 24 months
24		and shall defer further proceedings in the case until the

SB1607 Enrolled - 44 - LRB100 11093 RLC 21351 b
1		conclusion of the period or until the filing of a petition
2		alleging violation of a term or condition of probation.
3		(c) The conditions of probation shall be that the person:
4		(1) not violate any criminal statute of any jurisdiction; (2)
5		refrain from possessing a firearm or other dangerous weapon;
6		(3) submit to periodic drug testing at a time and in a manner
7		as ordered by the court, but no less than 3 times during the
8		period of the probation, with the cost of the testing to be
9		paid by the probationer; and (4) perform no less than 30 hours
10		of community service, provided community service is available
11		in the jurisdiction and is funded and approved by the county
12		board. The court may give credit toward the fulfillment of
13		community service hours for participation in activities and
14		treatment as determined by court services.
15		(d) The court may, in addition to other conditions, require
16		that 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 or rehabilitation approved by the Illinois
26		Department of Human Services;

SB1607 Enrolled - 45 - LRB100 11093 RLC 21351 b
1		(5) attend or reside in a facility established for the
2		instruction or residence of defendants on probation;
3		(6) support his or her dependents;
4		(6-5) refrain from having in his or her body the
5		presence of any illicit drug prohibited by the Cannabis
6		Control Act, the Illinois Controlled Substances Act, or the
7		Methamphetamine Control and Community Protection Act,
8		unless prescribed by a physician, and submit samples of his
9		or her blood or urine or both for tests to determine the
10		presence of any illicit drug;
11		(7) and in addition, if a minor:
12		(i) reside with his or her parents or in a foster
13		home;
14		(ii) attend school;
15		(iii) attend a non-residential program for youth;
16		(iv) contribute to his or her own support at home
17		or in a foster home.
18		(e) Upon violation of a term or condition of probation, the
19		court may enter a judgment on its original finding of guilt and
20		proceed as otherwise provided.
21		(f) Upon fulfillment of the terms and conditions of
22		probation, the court shall discharge the person and dismiss the
23		proceedings against him or her.
24		(g) A disposition of probation is considered to be a
25		conviction for the purposes of imposing the conditions of
26		probation and for appeal, however, discharge and dismissal

SB1607 Enrolled - 46 - LRB100 11093 RLC 21351 b
1		under this Section is not a conviction for purposes of this Act
2		or for purposes of disqualifications or disabilities imposed by
3		law upon conviction of a crime.
4		(h) There may be only one discharge and dismissal under
5		this Section, Section 10 of the Cannabis Control Act, Section
6		70 of the Methamphetamine Control and Community Protection Act,
7		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
8		or subsection (c) of Section 11-14 of the Criminal Code of 1961
9		or the Criminal Code of 2012 with respect to any person.
10		(i) If a person is convicted of an offense under this Act,
11		the Cannabis Control Act, or the Methamphetamine Control and
12		Community Protection Act within 5 years subsequent to a
13		discharge and dismissal under this Section, the discharge and
14		dismissal under this Section shall be admissible in the
15		sentencing proceeding for that conviction as evidence in
16		aggravation.
17		(j) Notwithstanding subsection (a), before a person is
18		sentenced to probation under this Section, the court may refer
19		the person to the drug court established in that judicial
20		circuit pursuant to Section 15 of the Drug Court Treatment Act.
21		The drug court team shall evaluate the person's likelihood of
22		successfully completing a sentence of probation under this
23		Section and shall report the results of its evaluation to the
24		court. If the drug court team finds that the person suffers
25		from a substance abuse problem that makes him or her
26		substantially unlikely to successfully complete a sentence of

SB1607 Enrolled - 47 - LRB100 11093 RLC 21351 b
1		probation under this Section, then the drug court shall set
2		forth its findings in the form of a written order, and the
3		person shall not be sentenced to probation under this Section,
4		but may be considered for the drug court program.
5		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
6		(Text of Section after amendment by P.A. 100-3)
7		Sec. 410. (a) Whenever any person who has not previously
8		been convicted of any felony offense under this Act or any law
9		of the United States or of any State relating to cannabis or
10		controlled substances, pleads guilty to or is found guilty of
11		possession of a controlled or counterfeit substance under
12		subsection (c) of Section 402 or of unauthorized possession of
13		prescription form under Section 406.2, the court, without
14		entering a judgment and with the consent of such person, may
15		sentence him or her to probation.
16		(b) When a person is placed on probation, the court shall
17		enter an order specifying a period of probation of 24 months
18		and shall defer further proceedings in the case until the
19		conclusion of the period or until the filing of a petition
20		alleging violation of a term or condition of probation.
21		(c) The conditions of probation shall be that the person:
22		(1) not violate any criminal statute of any jurisdiction; (2)
23		refrain from possessing a firearm or other dangerous weapon;
24		(3) submit to periodic drug testing at a time and in a manner
25		as ordered by the court, but no less than 3 times during the

SB1607 Enrolled - 48 - LRB100 11093 RLC 21351 b
1		period of the probation, with the cost of the testing to be
2		paid by the probationer; and (4) perform no less than 30 hours
3		of community service, provided community service is available
4		in the jurisdiction and is funded and approved by the county
5		board. The court may give credit toward the fulfillment of
6		community service hours for participation in activities and
7		treatment as determined by court services.
8		(d) The court may, in addition to other conditions, require
9		that the person:
10		(1) make a report to and appear in person before or
11		participate with the court or such courts, person, or
12		social service agency as directed by the court in the order
13		of probation;
14		(2) pay a fine and costs;
15		(3) work or pursue a course of study or vocational
16		training;
17		(4) undergo medical or psychiatric treatment; or
18		treatment or rehabilitation approved by the Illinois
19		Department of Human Services;
20		(5) attend or reside in a facility established for the
21		instruction or residence of defendants on probation;
22		(6) support his or her dependents;
23		(6-5) refrain from having in his or her body the
24		presence of any illicit drug prohibited by the Cannabis
25		Control Act, the Illinois Controlled Substances Act, or the
26		Methamphetamine Control and Community Protection Act,

SB1607 Enrolled - 49 - LRB100 11093 RLC 21351 b
1		unless prescribed by a physician, and submit samples of his
2		or her blood or urine or both for tests to determine the
3		presence of any illicit drug;
4		(7) and 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		(iv) contribute to his or her own support at home
10		or in a foster home.
11		(e) Upon violation of a term or condition of probation, the
12		court may enter a judgment on its original finding of guilt and
13		proceed as otherwise provided.
14		(f) Upon fulfillment of the terms and conditions of
15		probation, the court shall discharge the person and dismiss the
16		proceedings against him or her.
17		(g) A disposition of probation is considered to be a
18		conviction for the purposes of imposing the conditions of
19		probation and for appeal, however, discharge and dismissal
20		under this Section is not a conviction for purposes of this Act
21		or for purposes of disqualifications or disabilities imposed by
22		law upon conviction of a crime.
23		(h) A person may not have more than one discharge and
24		dismissal under this Section within a 4-year period.
25		(i) If a person is convicted of an offense under this Act,
26		the Cannabis Control Act, or the Methamphetamine Control and

SB1607 Enrolled - 50 - LRB100 11093 RLC 21351 b
1		Community Protection Act within 5 years subsequent to a
2		discharge and dismissal under this Section, the discharge and
3		dismissal under this Section shall be admissible in the
4		sentencing proceeding for that conviction as evidence in
5		aggravation.
6		(j) Notwithstanding subsection (a), before a person is
7		sentenced to probation under this Section, the court may refer
8		the person to the drug court established in that judicial
9		circuit pursuant to Section 15 of the Drug Court Treatment Act.
10		The drug court team shall evaluate the person's likelihood of
11		successfully completing a sentence of probation under this
12		Section and shall report the results of its evaluation to the
13		court. If the drug court team finds that the person suffers
14		from a substance abuse problem that makes him or her
15		substantially unlikely to successfully complete a sentence of
16		probation under this Section, then the drug court shall set
17		forth its findings in the form of a written order, and the
18		person shall not be sentenced to probation under this Section,
19		but shall be considered for the drug court program.
20		(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
21		Section 25. The Methamphetamine Control and Community
22		Protection Act is amended by changing Section 70 as follows:
23		(720 ILCS 646/70)
24		(Text of Section before amendment by P.A. 100-3)

SB1607 Enrolled - 51 - LRB100 11093 RLC 21351 b
1		Sec. 70. Probation.
2		(a) Whenever any person who has not previously been
3		convicted of, or placed on probation or court supervision for
4		any offense under this Act, the Illinois Controlled Substances
5		Act, the Cannabis Control Act, or any law of the United States
6		or of any state relating to cannabis or controlled substances,
7		pleads guilty to or is found guilty of possession of less than
8		15 grams of methamphetamine under paragraph (1) or (2) of
9		subsection (b) of Section 60 of this Act, the court, without
10		entering a judgment and with the consent of the person, may
11		sentence him or her to probation.
12		(b) When a person is placed on probation, the court shall
13		enter an order specifying a period of probation of 24 months
14		and shall defer further proceedings in the case until the
15		conclusion of the period or until the filing of a petition
16		alleging violation of a term or condition of probation.
17		(c) The conditions of probation shall be that the person:
18		(1) not violate any criminal statute of any
19		jurisdiction;
20		(2) refrain from possessing a firearm or other
21		dangerous weapon;
22		(3) submit to periodic drug testing at a time and in a
23		manner as ordered by the court, but no less than 3 times
24		during the period of the probation, with the cost of the
25		testing to be paid by the probationer; and
26		(4) perform no less than 30 hours of community service,

SB1607 Enrolled - 52 - LRB100 11093 RLC 21351 b
1		if community service is available in the jurisdiction and
2		is funded and approved by the county board. The court may
3		give credit toward the fulfillment of community service
4		hours for participation in activities and treatment as
5		determined by court services.
6		(d) The court may, in addition to other conditions, require
7		that the person take one or more of the following actions:
8		(1) make a report to and appear in person before or
9		participate with the court or such courts, person, or
10		social service agency as directed by the court in the order
11		of probation;
12		(2) pay a fine and costs;
13		(3) work or pursue a course of study or vocational
14		training;
15		(4) undergo medical or psychiatric treatment; or
16		treatment or rehabilitation approved by the Illinois
17		Department of Human Services;
18		(5) attend or reside in a facility established for the
19		instruction or residence of defendants on probation;
20		(6) support his or her dependents;
21		(7) refrain from having in his or her body the presence
22		of any illicit drug prohibited by this Act, the Cannabis
23		Control Act, or the Illinois Controlled Substances Act,
24		unless prescribed by a physician, and submit samples of his
25		or her blood or urine or both for tests to determine the
26		presence of any illicit drug; or

SB1607 Enrolled - 53 - LRB100 11093 RLC 21351 b
1		(8) if a minor:
2		(i) reside with his or her parents or in a foster
3		home;
4		(ii) attend school;
5		(iii) attend a non-residential program for youth;
6		or
7		(iv) contribute to his or her own support at home
8		or in a foster home.
9		(e) Upon violation of a term or condition of probation, the
10		court may enter a judgment on its original finding of guilt and
11		proceed as otherwise provided.
12		(f) Upon fulfillment of the terms and conditions of
13		probation, the court shall discharge the person and dismiss the
14		proceedings against the person.
15		(g) A disposition of probation is considered to be a
16		conviction for the purposes of imposing the conditions of
17		probation and for appeal, however, discharge and dismissal
18		under this Section is not a conviction for purposes of this Act
19		or for purposes of disqualifications or disabilities imposed by
20		law upon conviction of a crime.
21		(h) There may be only one discharge and dismissal under
22		this Section, Section 410 of the Illinois Controlled Substances
23		Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
24		5-6-3.4 of the Unified Code of Corrections, or subsection (c)
25		of Section 11-14 of the Criminal Code of 1961 or the Criminal
26		Code of 2012 with respect to any person.

SB1607 Enrolled - 54 - LRB100 11093 RLC 21351 b
1		(i) If a person is convicted of an offense under this Act,
2		the Cannabis Control Act, or the Illinois Controlled Substances
3		Act within 5 years subsequent to a discharge and dismissal
4		under this Section, the discharge and dismissal under this
5		Section are admissible in the sentencing proceeding for that
6		conviction as evidence in aggravation.
7		(j) Notwithstanding subsection (a), before a person is
8		sentenced to probation under this Section, the court may refer
9		the person to the drug court established in that judicial
10		circuit pursuant to Section 15 of the Drug Court Treatment Act.
11		The drug court team shall evaluate the person's likelihood of
12		successfully completing a sentence of probation under this
13		Section and shall report the results of its evaluation to the
14		court. If the drug court team finds that the person suffers
15		from a substance abuse problem that makes him or her
16		substantially unlikely to successfully complete a sentence of
17		probation under this Section, then the drug court shall set
18		forth its findings in the form of a written order, and the
19		person shall not be sentenced to probation under this Section,
20		but may be considered for the drug court program.
21		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
22		(Text of Section after amendment by P.A. 100-3)
23		Sec. 70. Probation.
24		(a) Whenever any person who has not previously been
25		convicted of any felony offense under this Act, the Illinois

SB1607 Enrolled - 55 - LRB100 11093 RLC 21351 b
1		Controlled Substances Act, the Cannabis Control Act, or any law
2		of the United States or of any state relating to cannabis or
3		controlled substances, pleads guilty to or is found guilty of
4		possession of less than 15 grams of methamphetamine under
5		paragraph (1) or (2) of subsection (b) of Section 60 of this
6		Act, the court, without entering a judgment and with the
7		consent of the person, may sentence him or her to probation.
8		(b) When a person is placed on probation, the court shall
9		enter an order specifying a period of probation of 24 months
10		and shall defer further proceedings in the case until the
11		conclusion of the period or until the filing of a petition
12		alleging violation of a term or condition of probation.
13		(c) The conditions of probation shall be that the person:
14		(1) not violate any criminal statute of any
15		jurisdiction;
16		(2) refrain from possessing a firearm or other
17		dangerous weapon;
18		(3) submit to periodic drug testing at a time and in a
19		manner as ordered by the court, but no less than 3 times
20		during the period of the probation, with the cost of the
21		testing to be paid by the probationer; and
22		(4) perform no less than 30 hours of community service,
23		if community service is available in the jurisdiction and
24		is funded and approved by the county board. The court may
25		give credit toward the fulfillment of community service
26		hours for participation in activities and treatment as

SB1607 Enrolled - 56 - LRB100 11093 RLC 21351 b
1		determined by court services.
2		(d) The court may, in addition to other conditions, require
3		that the person take one or more of the following actions:
4		(1) make a report to and appear in person before or
5		participate with the court or such courts, person, or
6		social service agency as directed by the court in the order
7		of probation;
8		(2) pay a fine and costs;
9		(3) work or pursue a course of study or vocational
10		training;
11		(4) undergo medical or psychiatric treatment; or
12		treatment or rehabilitation approved by the Illinois
13		Department of Human Services;
14		(5) attend or reside in a facility established for the
15		instruction or residence of defendants on probation;
16		(6) support his or her dependents;
17		(7) refrain from having in his or her body the presence
18		of any illicit drug prohibited by this Act, the Cannabis
19		Control Act, or the Illinois Controlled Substances Act,
20		unless prescribed by a physician, and submit samples of his
21		or her blood or urine or both for tests to determine the
22		presence of any illicit drug; or
23		(8) if a minor:
24		(i) reside with his or her parents or in a foster
25		home;
26		(ii) attend school;

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1		(iii) attend a non-residential program for youth;
2		or
3		(iv) contribute to his or her own support at home
4		or in a foster home.
5		(e) Upon violation of a term or condition of probation, the
6		court may enter a judgment on its original finding of guilt and
7		proceed as otherwise provided.
8		(f) Upon fulfillment of the terms and conditions of
9		probation, the court shall discharge the person and dismiss the
10		proceedings against the person.
11		(g) A disposition of probation is considered to be a
12		conviction for the purposes of imposing the conditions of
13		probation and for appeal, however, discharge and dismissal
14		under this Section is not a conviction for purposes of this Act
15		or for purposes of disqualifications or disabilities imposed by
16		law upon conviction of a crime.
17		(h) A person may not have more than one discharge and
18		dismissal under this Section within a 4-year period.
19		(i) If a person is convicted of an offense under this Act,
20		the Cannabis Control Act, or the Illinois Controlled Substances
21		Act within 5 years subsequent to a discharge and dismissal
22		under this Section, the discharge and dismissal under this
23		Section are admissible in the sentencing proceeding for that
24		conviction as evidence in aggravation.
25		(j) Notwithstanding subsection (a), before a person is
26		sentenced to probation under this Section, the court may refer

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1		the person to the drug court established in that judicial
2		circuit pursuant to Section 15 of the Drug Court Treatment Act.
3		The drug court team shall evaluate the person's likelihood of
4		successfully completing a sentence of probation under this
5		Section and shall report the results of its evaluation to the
6		court. If the drug court team finds that the person suffers
7		from a substance abuse problem that makes him or her
8		substantially unlikely to successfully complete a sentence of
9		probation under this Section, then the drug court shall set
10		forth its findings in the form of a written order, and the
11		person shall not be sentenced to probation under this Section,
12		but shall be considered for the drug court program.
13		(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
14		Section 30. The Unified Code of Corrections is amended by
15		changing Sections 3-3-7, 3-6-3, 5-5-3, 5-6-3, 5-6-3.3,
16		5-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows:
17		(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
18		(Text of Section before amendment by P.A. 100-260)
19		Sec. 3-3-7. Conditions of parole or mandatory supervised
20		release.
21		(a) The conditions of parole or mandatory supervised
22		release shall be such as the Prisoner Review Board deems
23		necessary to assist the subject in leading a law-abiding life.
24		The conditions of every parole and mandatory supervised release

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1		are that the subject:
2		(1) not violate any criminal statute of any
3		jurisdiction during the parole or release term;
4		(2) refrain from possessing a firearm or other
5		dangerous weapon;
6		(3) report to an agent of the Department of
7		Corrections;
8		(4) permit the agent to visit him or her at his or her
9		home, employment, or elsewhere to the extent necessary for
10		the agent to discharge his or her duties;
11		(5) attend or reside in a facility established for the
12		instruction or residence of persons on parole or mandatory
13		supervised release;
14		(6) secure permission before visiting or writing a
15		committed person in an Illinois Department of Corrections
16		facility;
17		(7) report all arrests to an agent of the Department of
18		Corrections as soon as permitted by the arresting authority
19		but in no event later than 24 hours after release from
20		custody and immediately report service or notification of
21		an order of protection, a civil no contact order, or a
22		stalking no contact order to an agent of the Department of
23		Corrections;
24		(7.5) if convicted of a sex offense as defined in the
25		Sex Offender Management Board Act, the individual shall
26		undergo and successfully complete sex offender treatment

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1		conducted in conformance with the standards developed by
2		the Sex Offender Management Board Act by a treatment
3		provider approved by the Board;
4		(7.6) if convicted of a sex offense as defined in the
5		Sex Offender Management Board Act, refrain from residing at
6		the same address or in the same condominium unit or
7		apartment unit or in the same condominium complex or
8		apartment complex with another person he or she knows or
9		reasonably should know is a convicted sex offender or has
10		been placed on supervision for a sex offense; the
11		provisions of this paragraph do not apply to a person
12		convicted of a sex offense who is placed in a Department of
13		Corrections licensed transitional housing facility for sex
14		offenders, or is in any facility operated or licensed by
15		the Department of Children and Family Services or by the
16		Department of Human Services, or is in any licensed medical
17		facility;
18		(7.7) if convicted for an offense that would qualify
19		the accused as a sexual predator under the Sex Offender
20		Registration Act on or after January 1, 2007 (the effective
21		date of Public Act 94-988), wear an approved electronic
22		monitoring device as defined in Section 5-8A-2 for the
23		duration of the person's parole, mandatory supervised
24		release term, or extended mandatory supervised release
25		term and if convicted for an offense of criminal sexual
26		assault, aggravated criminal sexual assault, predatory

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1		criminal sexual assault of a child, criminal sexual abuse,
2		aggravated criminal sexual abuse, or ritualized abuse of a
3		child committed on or after August 11, 2009 (the effective
4		date of Public Act 96-236) when the victim was under 18
5		years of age at the time of the commission of the offense
6		and the defendant used force or the threat of force in the
7		commission of the offense wear an approved electronic
8		monitoring device as defined in Section 5-8A-2 that has
9		Global Positioning System (GPS) capability for the
10		duration of the person's parole, mandatory supervised
11		release term, or extended mandatory supervised release
12		term;
13		(7.8) if convicted for an offense committed on or after
14		June 1, 2008 (the effective date of Public Act 95-464) that
15		would qualify the accused as a child sex offender as
16		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
17		1961 or the Criminal Code of 2012, refrain from
18		communicating with or contacting, by means of the Internet,
19		a person who is not related to the accused and whom the
20		accused reasonably believes to be under 18 years of age;
21		for purposes of this paragraph (7.8), "Internet" has the
22		meaning ascribed to it in Section 16-0.1 of the Criminal
23		Code of 2012; and a person is not related to the accused if
24		the person is not: (i) the spouse, brother, or sister of
25		the accused; (ii) a descendant of the accused; (iii) a
26		first or second cousin of the accused; or (iv) a step-child

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1		or adopted child of the accused;
2		(7.9) if convicted under Section 11-6, 11-20.1,
3		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
4		the Criminal Code of 2012, consent to search of computers,
5		PDAs, cellular phones, and other devices under his or her
6		control that are capable of accessing the Internet or
7		storing electronic files, in order to confirm Internet
8		protocol addresses reported in accordance with the Sex
9		Offender Registration Act and compliance with conditions
10		in this Act;
11		(7.10) if convicted for an offense that would qualify
12		the accused as a sex offender or sexual predator under the
13		Sex Offender Registration Act on or after June 1, 2008 (the
14		effective date of Public Act 95-640), not possess
15		prescription drugs for erectile dysfunction;
16		(7.11) if convicted for an offense under Section 11-6,
17		11-9.1, 11-14.4 that involves soliciting for a juvenile
18		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
19		of the Criminal Code of 1961 or the Criminal Code of 2012,
20		or any attempt to commit any of these offenses, committed
21		on or after June 1, 2009 (the effective date of Public Act
22		95-983):
23		(i) not access or use a computer or any other
24		device with Internet capability without the prior
25		written approval of the Department;
26		(ii) submit to periodic unannounced examinations

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1		of the offender's computer or any other device with
2		Internet capability by the offender's supervising
3		agent, a law enforcement officer, or assigned computer
4		or information technology specialist, including the
5		retrieval and copying of all data from the computer or
6		device and any internal or external peripherals and
7		removal of such information, equipment, or device to
8		conduct a more thorough inspection;
9		(iii) submit to the installation on the offender's
10		computer or device with Internet capability, at the
11		offender's expense, of one or more hardware or software
12		systems to monitor the Internet use; and
13		(iv) submit to any other appropriate restrictions
14		concerning the offender's use of or access to a
15		computer or any other device with Internet capability
16		imposed by the Board, the Department or the offender's
17		supervising agent;
18		(7.12) if convicted of a sex offense as defined in the
19		Sex Offender Registration Act committed on or after January
20		1, 2010 (the effective date of Public Act 96-262), refrain
21		from accessing or using a social networking website as
22		defined in Section 17-0.5 of the Criminal Code of 2012;
23		(7.13) if convicted of a sex offense as defined in
24		Section 2 of the Sex Offender Registration Act committed on
25		or after January 1, 2010 (the effective date of Public Act
26		96-362) that requires the person to register as a sex

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1		offender under that Act, may not knowingly use any computer
2		scrub software on any computer that the sex offender uses;
3		(8) obtain permission of an agent of the Department of
4		Corrections before leaving the State of Illinois;
5		(9) obtain permission of an agent of the Department of
6		Corrections before changing his or her residence or
7		employment;
8		(10) consent to a search of his or her person,
9		property, or residence under his or her control;
10		(11) refrain from the use or possession of narcotics or
11		other controlled substances in any form, or both, or any
12		paraphernalia related to those substances and submit to a
13		urinalysis test as instructed by a parole agent of the
14		Department of Corrections;
15		(12) not frequent places where controlled substances
16		are illegally sold, used, distributed, or administered;
17		(13) not knowingly associate with other persons on
18		parole or mandatory supervised release without prior
19		written permission of his or her parole agent, except when
20		the association involves activities related to community
21		programs, worship services, volunteering, and engaging
22		families, and not associate with persons who are members of
23		an organized gang as that term is defined in the Illinois
24		Streetgang Terrorism Omnibus Prevention Act;
25		(14) provide true and accurate information, as it
26		relates to his or her adjustment in the community while on

SB1607 Enrolled - 65 - LRB100 11093 RLC 21351 b
1		parole or mandatory supervised release or to his or her
2		conduct while incarcerated, in response to inquiries by his
3		or her parole agent or of the Department of Corrections;
4		(15) follow any specific instructions provided by the
5		parole agent that are consistent with furthering
6		conditions set and approved by the Prisoner Review Board or
7		by law, exclusive of placement on electronic detention, to
8		achieve the goals and objectives of his or her parole or
9		mandatory supervised release or to protect the public.
10		These instructions by the parole agent may be modified at
11		any time, as the agent deems appropriate;
12		(16) if convicted of a sex offense as defined in
13		subsection (a-5) of Section 3-1-2 of this Code, unless the
14		offender is a parent or guardian of the person under 18
15		years of age present in the home and no non-familial minors
16		are present, not participate in a holiday event involving
17		children under 18 years of age, such as distributing candy
18		or other items to children on Halloween, wearing a Santa
19		Claus costume on or preceding Christmas, being employed as
20		a department store Santa Claus, or wearing an Easter Bunny
21		costume on or preceding Easter;
22		(17) if convicted of a violation of an order of
23		protection under Section 12-3.4 or Section 12-30 of the
24		Criminal Code of 1961 or the Criminal Code of 2012, be
25		placed under electronic surveillance as provided in
26		Section 5-8A-7 of this Code;

SB1607 Enrolled - 66 - LRB100 11093 RLC 21351 b
1		(18) comply with the terms and conditions of an order
2		of protection issued pursuant to the Illinois Domestic
3		Violence Act of 1986; an order of protection issued by the
4		court of another state, tribe, or United States territory;
5		a no contact order issued pursuant to the Civil No Contact
6		Order Act; or a no contact order issued pursuant to the
7		Stalking No Contact Order Act; and
8		(19) if convicted of a violation of the Methamphetamine
9		Control and Community Protection Act, the Methamphetamine
10		Precursor Control Act, or a methamphetamine related
11		offense, be:
12		(A) prohibited from purchasing, possessing, or
13		having under his or her control any product containing
14		pseudoephedrine unless prescribed by a physician; and
15		(B) prohibited from purchasing, possessing, or
16		having under his or her control any product containing
17		ammonium nitrate; and
18		(20) be evaluated by the Department of Corrections
19		prior to release using a validated risk assessment and be
20		subject to a corresponding level of supervision. In
21		accordance with the findings of that evaluation:
22		(A) All subjects found to be at a moderate or high
23		risk to recidivate, or on parole or mandatory
24		supervised release for first degree murder, a forcible
25		felony as defined in Section 2-8 of the Criminal Code
26		of 2012, any felony that requires registration as a sex

SB1607 Enrolled - 67 - LRB100 11093 RLC 21351 b
1		offender under the Sex Offender Registration Act, or a
2		Class X felony or Class 1 felony that is not a
3		violation of the Cannabis Control Act, the Illinois
4		Controlled Substances Act, or the Methamphetamine
5		Control and Community Protection Act, shall be subject
6		to high level supervision. The Department shall define
7		high level supervision based upon evidence-based and
8		research-based practices. Notwithstanding this
9		placement on high level supervision, placement of the
10		subject on electronic monitoring or detention shall
11		not occur unless it is required by law or expressly
12		ordered or approved by the Prisoner Review Board.
13		(B) All subjects found to be at a low risk to
14		recidivate shall be subject to low-level supervision,
15		except for those subjects on parole or mandatory
16		supervised release for first degree murder, a forcible
17		felony as defined in Section 2-8 of the Criminal Code
18		of 2012, any felony that requires registration as a sex
19		offender under the Sex Offender Registration Act, or a
20		Class X felony or Class 1 felony that is not a
21		violation of the Cannabis Control Act, the Illinois
22		Controlled Substances Act, or the Methamphetamine
23		Control and Community Protection Act. Low level
24		supervision shall require the subject to check in with
25		the supervising officer via phone or other electronic
26		means. Notwithstanding this placement on low level

SB1607 Enrolled - 68 - LRB100 11093 RLC 21351 b
1		supervision, placement of the subject on electronic
2		monitoring or detention shall not occur unless it is
3		required by law or expressly ordered or approved by the
4		Prisoner Review Board.
5		(b) The Board may in addition to other conditions require
6		that the subject:
7		(1) work or pursue a course of study or vocational
8		training;
9		(2) undergo medical or psychiatric treatment, or
10		treatment for drug addiction or alcoholism;
11		(3) attend or reside in a facility established for the
12		instruction or residence of persons on probation or parole;
13		(4) support his or her dependents;
14		(5) (blank);
15		(6) (blank);
16		(7) (blank);
17		(7.5) if convicted for an offense committed on or after
18		the effective date of this amendatory Act of the 95th
19		General Assembly that would qualify the accused as a child
20		sex offender as defined in Section 11-9.3 or 11-9.4 of the
21		Criminal Code of 1961 or the Criminal Code of 2012, refrain
22		from communicating with or contacting, by means of the
23		Internet, a person who is related to the accused and whom
24		the accused reasonably believes to be under 18 years of
25		age; for purposes of this paragraph (7.5), "Internet" has
26		the meaning ascribed to it in Section 16-0.1 of the

SB1607 Enrolled - 69 - LRB100 11093 RLC 21351 b
1		Criminal Code of 2012; and a person is related to the
2		accused if the person is: (i) the spouse, brother, or
3		sister of the accused; (ii) a descendant of the accused;
4		(iii) a first or second cousin of the accused; or (iv) a
5		step-child or adopted child of the accused;
6		(7.6) if convicted for an offense committed on or after
7		June 1, 2009 (the effective date of Public Act 95-983) that
8		would qualify as a sex offense as defined in the Sex
9		Offender Registration Act:
10		(i) not access or use a computer or any other
11		device with Internet capability without the prior
12		written approval of the Department;
13		(ii) submit to periodic unannounced examinations
14		of the offender's computer or any other device with
15		Internet capability by the offender's supervising
16		agent, a law enforcement officer, or assigned computer
17		or information technology specialist, including the
18		retrieval and copying of all data from the computer or
19		device and any internal or external peripherals and
20		removal of such information, equipment, or device to
21		conduct a more thorough inspection;
22		(iii) submit to the installation on the offender's
23		computer or device with Internet capability, at the
24		offender's expense, of one or more hardware or software
25		systems to monitor the Internet use; and
26		(iv) submit to any other appropriate restrictions

SB1607 Enrolled - 70 - LRB100 11093 RLC 21351 b
1		concerning the offender's use of or access to a
2		computer or any other device with Internet capability
3		imposed by the Board, the Department or the offender's
4		supervising agent; and
5		(8) 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		or
11		(iv) contribute to his or her own support at home
12		or in a foster home.
13		(b-1) In addition to the conditions set forth in
14		subsections (a) and (b), persons required to register as sex
15		offenders pursuant to the Sex Offender Registration Act, upon
16		release from the custody of the Illinois Department of
17		Corrections, may be required by the Board to comply with the
18		following specific conditions of release:
19		(1) reside only at a Department approved location;
20		(2) comply with all requirements of the Sex Offender
21		Registration Act;
22		(3) notify third parties of the risks that may be
23		occasioned by his or her criminal record;
24		(4) obtain the approval of an agent of the Department
25		of Corrections prior to accepting employment or pursuing a
26		course of study or vocational training and notify the

SB1607 Enrolled - 71 - LRB100 11093 RLC 21351 b
1		Department prior to any change in employment, study, or
2		training;
3		(5) not be employed or participate in any volunteer
4		activity that involves contact with children, except under
5		circumstances approved in advance and in writing by an
6		agent of the Department of Corrections;
7		(6) be electronically monitored for a minimum of 12
8		months from the date of release as determined by the Board;
9		(7) refrain from entering into a designated geographic
10		area except upon terms approved in advance by an agent of
11		the Department of Corrections. The terms may include
12		consideration of the purpose of the entry, the time of day,
13		and others accompanying the person;
14		(8) refrain from having any contact, including written
15		or oral communications, directly or indirectly, personally
16		or by telephone, letter, or through a third party with
17		certain specified persons including, but not limited to,
18		the victim or the victim's family without the prior written
19		approval of an agent of the Department of Corrections;
20		(9) refrain from all contact, directly or indirectly,
21		personally, by telephone, letter, or through a third party,
22		with minor children without prior identification and
23		approval of an agent of the Department of Corrections;
24		(10) neither possess or have under his or her control
25		any material that is sexually oriented, sexually
26		stimulating, or that shows male or female sex organs or any

SB1607 Enrolled - 72 - LRB100 11093 RLC 21351 b
1		pictures depicting children under 18 years of age nude or
2		any written or audio material describing sexual
3		intercourse or that depicts or alludes to sexual activity,
4		including but not limited to visual, auditory, telephonic,
5		or electronic media, or any matter obtained through access
6		to any computer or material linked to computer access use;
7		(11) not patronize any business providing sexually
8		stimulating or sexually oriented entertainment nor utilize
9		"900" or adult telephone numbers;
10		(12) not reside near, visit, or be in or about parks,
11		schools, day care centers, swimming pools, beaches,
12		theaters, or any other places where minor children
13		congregate without advance approval of an agent of the
14		Department of Corrections and immediately report any
15		incidental contact with minor children to the Department;
16		(13) not possess or have under his or her control
17		certain specified items of contraband related to the
18		incidence of sexually offending as determined by an agent
19		of the Department of Corrections;
20		(14) may be required to provide a written daily log of
21		activities if directed by an agent of the Department of
22		Corrections;
23		(15) comply with all other special conditions that the
24		Department may impose that restrict the person from
25		high-risk situations and limit access to potential
26		victims;

SB1607 Enrolled - 73 - LRB100 11093 RLC 21351 b
1		(16) take an annual polygraph exam;
2		(17) maintain a log of his or her travel; or
3		(18) obtain prior approval of his or her parole officer
4		before driving alone in a motor vehicle.
5		(c) The conditions under which the parole or mandatory
6		supervised release is to be served shall be communicated to the
7		person in writing prior to his or her release, and he or she
8		shall sign the same before release. A signed copy of these
9		conditions, including a copy of an order of protection where
10		one had been issued by the criminal court, shall be retained by
11		the person and another copy forwarded to the officer in charge
12		of his or her supervision.
13		(d) After a hearing under Section 3-3-9, the Prisoner
14		Review Board may modify or enlarge the conditions of parole or
15		mandatory supervised release.
16		(e) The Department shall inform all offenders committed to
17		the Department of the optional services available to them upon
18		release and shall assist inmates in availing themselves of such
19		optional services upon their release on a voluntary basis.
20		(f) (Blank).
21		(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
22		100-201, eff. 8-18-17.)
23		(Text of Section after amendment by P.A. 100-260)
24		Sec. 3-3-7. Conditions of parole or mandatory supervised
25		release.

SB1607 Enrolled - 74 - LRB100 11093 RLC 21351 b
1		(a) The conditions of parole or mandatory supervised
2		release shall be such as the Prisoner Review Board deems
3		necessary to assist the subject in leading a law-abiding life.
4		The conditions of every parole and mandatory supervised release
5		are that the subject:
6		(1) not violate any criminal statute of any
7		jurisdiction during the parole or release term;
8		(2) refrain from possessing a firearm or other
9		dangerous weapon;
10		(3) report to an agent of the Department of
11		Corrections;
12		(4) permit the agent to visit him or her at his or her
13		home, employment, or elsewhere to the extent necessary for
14		the agent to discharge his or her duties;
15		(5) attend or reside in a facility established for the
16		instruction or residence of persons on parole or mandatory
17		supervised release;
18		(6) secure permission before visiting or writing a
19		committed person in an Illinois Department of Corrections
20		facility;
21		(7) report all arrests to an agent of the Department of
22		Corrections as soon as permitted by the arresting authority
23		but in no event later than 24 hours after release from
24		custody and immediately report service or notification of
25		an order of protection, a civil no contact order, or a
26		stalking no contact order to an agent of the Department of

SB1607 Enrolled - 75 - LRB100 11093 RLC 21351 b
1		Corrections;
2		(7.5) if convicted of a sex offense as defined in the
3		Sex Offender Management Board Act, the individual shall
4		undergo and successfully complete sex offender treatment
5		conducted in conformance with the standards developed by
6		the Sex Offender Management Board Act by a treatment
7		provider approved by the Board;
8		(7.6) if convicted of a sex offense as defined in the
9		Sex Offender Management Board Act, refrain from residing at
10		the same address or in the same condominium unit or
11		apartment unit or in the same condominium complex or
12		apartment complex with another person he or she knows or
13		reasonably should know is a convicted sex offender or has
14		been placed on supervision for a sex offense; the
15		provisions of this paragraph do not apply to a person
16		convicted of a sex offense who is placed in a Department of
17		Corrections licensed transitional housing facility for sex
18		offenders, or is in any facility operated or licensed by
19		the Department of Children and Family Services or by the
20		Department of Human Services, or is in any licensed medical
21		facility;
22		(7.7) if convicted for an offense that would qualify
23		the accused as a sexual predator under the Sex Offender
24		Registration Act on or after January 1, 2007 (the effective
25		date of Public Act 94-988), wear an approved electronic
26		monitoring device as defined in Section 5-8A-2 for the

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1		duration of the person's parole, mandatory supervised
2		release term, or extended mandatory supervised release
3		term and if convicted for an offense of criminal sexual
4		assault, aggravated criminal sexual assault, predatory
5		criminal sexual assault of a child, criminal sexual abuse,
6		aggravated criminal sexual abuse, or ritualized abuse of a
7		child committed on or after August 11, 2009 (the effective
8		date of Public Act 96-236) when the victim was under 18
9		years of age at the time of the commission of the offense
10		and the defendant used force or the threat of force in the
11		commission of the offense wear an approved electronic
12		monitoring device as defined in Section 5-8A-2 that has
13		Global Positioning System (GPS) capability for the
14		duration of the person's parole, mandatory supervised
15		release term, or extended mandatory supervised release
16		term;
17		(7.8) if convicted for an offense committed on or after
18		June 1, 2008 (the effective date of Public Act 95-464) that
19		would qualify the accused as a child sex offender as
20		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
21		1961 or the Criminal Code of 2012, refrain from
22		communicating with or contacting, by means of the Internet,
23		a person who is not related to the accused and whom the
24		accused reasonably believes to be under 18 years of age;
25		for purposes of this paragraph (7.8), "Internet" has the
26		meaning ascribed to it in Section 16-0.1 of the Criminal

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1		Code of 2012; and a person is not related to the accused if
2		the person is not: (i) the spouse, brother, or sister of
3		the accused; (ii) a descendant of the accused; (iii) a
4		first or second cousin of the accused; or (iv) a step-child
5		or adopted child of the accused;
6		(7.9) if convicted under Section 11-6, 11-20.1,
7		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
8		the Criminal Code of 2012, consent to search of computers,
9		PDAs, cellular phones, and other devices under his or her
10		control that are capable of accessing the Internet or
11		storing electronic files, in order to confirm Internet
12		protocol addresses reported in accordance with the Sex
13		Offender Registration Act and compliance with conditions
14		in this Act;
15		(7.10) if convicted for an offense that would qualify
16		the accused as a sex offender or sexual predator under the
17		Sex Offender Registration Act on or after June 1, 2008 (the
18		effective date of Public Act 95-640), not possess
19		prescription drugs for erectile dysfunction;
20		(7.11) if convicted for an offense under Section 11-6,
21		11-9.1, 11-14.4 that involves soliciting for a juvenile
22		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
23		of the Criminal Code of 1961 or the Criminal Code of 2012,
24		or any attempt to commit any of these offenses, committed
25		on or after June 1, 2009 (the effective date of Public Act
26		95-983):

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1		(i) not access or use a computer or any other
2		device with Internet capability without the prior
3		written approval of the Department;
4		(ii) submit to periodic unannounced examinations
5		of the offender's computer or any other device with
6		Internet capability by the offender's supervising
7		agent, a law enforcement officer, or assigned computer
8		or information technology specialist, including the
9		retrieval and copying of all data from the computer or
10		device and any internal or external peripherals and
11		removal of such information, equipment, or device to
12		conduct a more thorough inspection;
13		(iii) submit to the installation on the offender's
14		computer or device with Internet capability, at the
15		offender's expense, of one or more hardware or software
16		systems to monitor the Internet use; and
17		(iv) submit to any other appropriate restrictions
18		concerning the offender's use of or access to a
19		computer or any other device with Internet capability
20		imposed by the Board, the Department or the offender's
21		supervising agent;
22		(7.12) if convicted of a sex offense as defined in the
23		Sex Offender Registration Act committed on or after January
24		1, 2010 (the effective date of Public Act 96-262), refrain
25		from accessing or using a social networking website as
26		defined in Section 17-0.5 of the Criminal Code of 2012;

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1		(7.13) if convicted of a sex offense as defined in
2		Section 2 of the Sex Offender Registration Act committed on
3		or after January 1, 2010 (the effective date of Public Act
4		96-362) that requires the person to register as a sex
5		offender under that Act, may not knowingly use any computer
6		scrub software on any computer that the sex offender uses;
7		(8) obtain permission of an agent of the Department of
8		Corrections before leaving the State of Illinois;
9		(9) obtain permission of an agent of the Department of
10		Corrections before changing his or her residence or
11		employment;
12		(10) consent to a search of his or her person,
13		property, or residence under his or her control;
14		(11) refrain from the use or possession of narcotics or
15		other controlled substances in any form, or both, or any
16		paraphernalia related to those substances and submit to a
17		urinalysis test as instructed by a parole agent of the
18		Department of Corrections;
19		(12) not frequent places where controlled substances
20		are illegally sold, used, distributed, or administered;
21		(13) not knowingly associate with other persons on
22		parole or mandatory supervised release without prior
23		written permission of his or her parole agent, except when
24		the association involves activities related to community
25		programs, worship services, volunteering, and engaging
26		families, and not associate with persons who are members of

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1		an organized gang as that term is defined in the Illinois
2		Streetgang Terrorism Omnibus Prevention Act;
3		(14) provide true and accurate information, as it
4		relates to his or her adjustment in the community while on
5		parole or mandatory supervised release or to his or her
6		conduct while incarcerated, in response to inquiries by his
7		or her parole agent or of the Department of Corrections;
8		(15) follow any specific instructions provided by the
9		parole agent that are consistent with furthering
10		conditions set and approved by the Prisoner Review Board or
11		by law, exclusive of placement on electronic detention, to
12		achieve the goals and objectives of his or her parole or
13		mandatory supervised release or to protect the public.
14		These instructions by the parole agent may be modified at
15		any time, as the agent deems appropriate;
16		(16) if convicted of a sex offense as defined in
17		subsection (a-5) of Section 3-1-2 of this Code, unless the
18		offender is a parent or guardian of the person under 18
19		years of age present in the home and no non-familial minors
20		are present, not participate in a holiday event involving
21		children under 18 years of age, such as distributing candy
22		or other items to children on Halloween, wearing a Santa
23		Claus costume on or preceding Christmas, being employed as
24		a department store Santa Claus, or wearing an Easter Bunny
25		costume on or preceding Easter;
26		(17) if convicted of a violation of an order of

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1		protection under Section 12-3.4 or Section 12-30 of the
2		Criminal Code of 1961 or the Criminal Code of 2012, be
3		placed under electronic surveillance as provided in
4		Section 5-8A-7 of this Code;
5		(18) comply with the terms and conditions of an order
6		of protection issued pursuant to the Illinois Domestic
7		Violence Act of 1986; an order of protection issued by the
8		court of another state, tribe, or United States territory;
9		a no contact order issued pursuant to the Civil No Contact
10		Order Act; or a no contact order issued pursuant to the
11		Stalking No Contact Order Act;
12		(19) if convicted of a violation of the Methamphetamine
13		Control and Community Protection Act, the Methamphetamine
14		Precursor Control Act, or a methamphetamine related
15		offense, be:
16		(A) prohibited from purchasing, possessing, or
17		having under his or her control any product containing
18		pseudoephedrine unless prescribed by a physician; and
19		(B) prohibited from purchasing, possessing, or
20		having under his or her control any product containing
21		ammonium nitrate; and
22		(20) if convicted of a hate crime under Section 12-7.1
23		of the Criminal Code of 2012, perform public or community
24		service of no less than 200 hours and enroll in an
25		educational program discouraging hate crimes involving the
26		protected class identified in subsection (a) of Section

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1		12-7.1 of the Criminal Code of 2012 that gave rise to the
2		offense the offender committed ordered by the court; and
3		(21) be evaluated by the Department of Corrections
4		prior to release using a validated risk assessment and be
5		subject to a corresponding level of supervision. In
6		accordance with the findings of that evaluation:
7		(A) All subjects found to be at a moderate or high
8		risk to recidivate, or on parole or mandatory
9		supervised release for first degree murder, a forcible
10		felony as defined in Section 2-8 of the Criminal Code
11		of 2012, any felony that requires registration as a sex
12		offender under the Sex Offender Registration Act, or a
13		Class X felony or Class 1 felony that is not a
14		violation of the Cannabis Control Act, the Illinois
15		Controlled Substances Act, or the Methamphetamine
16		Control and Community Protection Act, shall be subject
17		to high level supervision. The Department shall define
18		high level supervision based upon evidence-based and
19		research-based practices. Notwithstanding this
20		placement on high level supervision, placement of the
21		subject on electronic monitoring or detention shall
22		not occur unless it is required by law or expressly
23		ordered or approved by the Prisoner Review Board.
24		(B) All subjects found to be at a low risk to
25		recidivate shall be subject to low-level supervision,
26		except for those subjects on parole or mandatory

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1		supervised release for first degree murder, a forcible
2		felony as defined in Section 2-8 of the Criminal Code
3		of 2012, any felony that requires registration as a sex
4		offender under the Sex Offender Registration Act, or a
5		Class X felony or Class 1 felony that is not a
6		violation of the Cannabis Control Act, the Illinois
7		Controlled Substances Act, or the Methamphetamine
8		Control and Community Protection Act. Low level
9		supervision shall require the subject to check in with
10		the supervising officer via phone or other electronic
11		means. Notwithstanding this placement on low level
12		supervision, placement of the subject on electronic
13		monitoring or detention shall not occur unless it is
14		required by law or expressly ordered or approved by the
15		Prisoner Review Board.
16		(b) The Board may in addition to other conditions require
17		that the subject:
18		(1) work or pursue a course of study or vocational
19		training;
20		(2) undergo medical or psychiatric treatment, or
21		treatment for drug addiction or alcoholism;
22		(3) attend or reside in a facility established for the
23		instruction or residence of persons on probation or parole;
24		(4) support his or her dependents;
25		(5) (blank);
26		(6) (blank);

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1		(7) (blank);
2		(7.5) if convicted for an offense committed on or after
3		the effective date of this amendatory Act of the 95th
4		General Assembly that would qualify the accused as a child
5		sex offender as defined in Section 11-9.3 or 11-9.4 of the
6		Criminal Code of 1961 or the Criminal Code of 2012, refrain
7		from communicating with or contacting, by means of the
8		Internet, a person who is related to the accused and whom
9		the accused reasonably believes to be under 18 years of
10		age; for purposes of this paragraph (7.5), "Internet" has
11		the meaning ascribed to it in Section 16-0.1 of the
12		Criminal Code of 2012; and a person is related to the
13		accused if the person is: (i) the spouse, brother, or
14		sister of the accused; (ii) a descendant of the accused;
15		(iii) a first or second cousin of the accused; or (iv) a
16		step-child or adopted child of the accused;
17		(7.6) if convicted for an offense committed on or after
18		June 1, 2009 (the effective date of Public Act 95-983) that
19		would qualify as a sex offense as defined in the Sex
20		Offender Registration Act:
21		(i) not access or use a computer or any other
22		device with Internet capability without the prior
23		written approval of the Department;
24		(ii) submit to periodic unannounced examinations
25		of the offender's computer or any other device with
26		Internet capability by the offender's supervising

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1		agent, a law enforcement officer, or assigned computer
2		or information technology specialist, including the
3		retrieval and copying of all data from the computer or
4		device and any internal or external peripherals and
5		removal of such information, equipment, or device to
6		conduct a more thorough inspection;
7		(iii) submit to the installation on the offender's
8		computer or device with Internet capability, at the
9		offender's expense, of one or more hardware or software
10		systems to monitor the Internet use; and
11		(iv) submit to any other appropriate restrictions
12		concerning the offender's use of or access to a
13		computer or any other device with Internet capability
14		imposed by the Board, the Department or the offender's
15		supervising agent; and
16		(8) in addition, if a minor:
17		(i) reside with his or her parents or in a foster
18		home;
19		(ii) attend school;
20		(iii) attend a non-residential program for youth;
21		or
22		(iv) contribute to his or her own support at home
23		or in a foster home.
24		(b-1) In addition to the conditions set forth in
25		subsections (a) and (b), persons required to register as sex
26		offenders pursuant to the Sex Offender Registration Act, upon

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1		release from the custody of the Illinois Department of
2		Corrections, may be required by the Board to comply with the
3		following specific conditions of release:
4		(1) reside only at a Department approved location;
5		(2) comply with all requirements of the Sex Offender
6		Registration Act;
7		(3) notify third parties of the risks that may be
8		occasioned by his or her criminal record;
9		(4) obtain the approval of an agent of the Department
10		of Corrections prior to accepting employment or pursuing a
11		course of study or vocational training and notify the
12		Department prior to any change in employment, study, or
13		training;
14		(5) not be employed or participate in any volunteer
15		activity that involves contact with children, except under
16		circumstances approved in advance and in writing by an
17		agent of the Department of Corrections;
18		(6) be electronically monitored for a minimum of 12
19		months from the date of release as determined by the Board;
20		(7) refrain from entering into a designated geographic
21		area except upon terms approved in advance by an agent of
22		the Department of Corrections. The terms may include
23		consideration of the purpose of the entry, the time of day,
24		and others accompanying the person;
25		(8) refrain from having any contact, including written
26		or oral communications, directly or indirectly, personally

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1		or by telephone, letter, or through a third party with
2		certain specified persons including, but not limited to,
3		the victim or the victim's family without the prior written
4		approval of an agent of the Department of Corrections;
5		(9) refrain from all contact, directly or indirectly,
6		personally, by telephone, letter, or through a third party,
7		with minor children without prior identification and
8		approval of an agent of the Department of Corrections;
9		(10) neither possess or have under his or her control
10		any material that is sexually oriented, sexually
11		stimulating, or that shows male or female sex organs or any
12		pictures depicting children under 18 years of age nude or
13		any written or audio material describing sexual
14		intercourse or that depicts or alludes to sexual activity,
15		including but not limited to visual, auditory, telephonic,
16		or electronic media, or any matter obtained through access
17		to any computer or material linked to computer access use;
18		(11) not patronize any business providing sexually
19		stimulating or sexually oriented entertainment nor utilize
20		"900" or adult telephone numbers;
21		(12) not reside near, visit, or be in or about parks,
22		schools, day care centers, swimming pools, beaches,
23		theaters, or any other places where minor children
24		congregate without advance approval of an agent of the
25		Department of Corrections and immediately report any
26		incidental contact with minor children to the Department;

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1		(13) not possess or have under his or her control
2		certain specified items of contraband related to the
3		incidence of sexually offending as determined by an agent
4		of the Department of Corrections;
5		(14) may be required to provide a written daily log of
6		activities if directed by an agent of the Department of
7		Corrections;
8		(15) comply with all other special conditions that the
9		Department may impose that restrict the person from
10		high-risk situations and limit access to potential
11		victims;
12		(16) take an annual polygraph exam;
13		(17) maintain a log of his or her travel; or
14		(18) obtain prior approval of his or her parole officer
15		before driving alone in a motor vehicle.
16		(c) The conditions under which the parole or mandatory
17		supervised release is to be served shall be communicated to the
18		person in writing prior to his or her release, and he or she
19		shall sign the same before release. A signed copy of these
20		conditions, including a copy of an order of protection where
21		one had been issued by the criminal court, shall be retained by
22		the person and another copy forwarded to the officer in charge
23		of his or her supervision.
24		(d) After a hearing under Section 3-3-9, the Prisoner
25		Review Board may modify or enlarge the conditions of parole or
26		mandatory supervised release.

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1		(e) The Department shall inform all offenders committed to
2		the Department of the optional services available to them upon
3		release and shall assist inmates in availing themselves of such
4		optional services upon their release on a voluntary basis.
5		(f) (Blank).
6		(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
7		100-201, eff. 8-18-17; 100-260, eff. 1-1-18.)
8		(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
9		(Text of Section from P.A. 99-642)
10		Sec. 3-6-3. Rules and regulations for sentence credit.
11		(a)(1) The Department of Corrections shall prescribe rules
12		and regulations for awarding and revoking sentence credit for
13		persons committed to the Department which shall be subject to
14		review by the Prisoner Review Board.
15		(1.5) As otherwise provided by law, sentence credit may be
16		awarded for the following:
17		(A) successful completion of programming while in
18		custody of the Department or while in custody prior to
19		sentencing;
20		(B) compliance with the rules and regulations of the
21		Department; or
22		(C) service to the institution, service to a community,
23		or service to the State.
24		(2) The rules and regulations on sentence credit shall
25		provide, with respect to offenses listed in clause (i), (ii),

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

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

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

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1		(vii) that a prisoner serving a sentence for aggravated
2		domestic battery shall receive no more than 4.5 days of
3		sentence credit for each month of his or her sentence of
4		imprisonment.
5		(2.1) For all offenses, other than those enumerated in
6		subdivision (a)(2)(i), (ii), or (iii) committed on or after
7		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8		June 23, 2005 (the effective date of Public Act 94-71) or
9		subdivision (a)(2)(v) committed on or after August 13, 2007
10		(the effective date of Public Act 95-134) or subdivision
11		(a)(2)(vi) committed on or after June 1, 2008 (the effective
12		date of Public Act 95-625) or subdivision (a)(2)(vii) committed
13		on or after July 23, 2010 (the effective date of Public Act
14		96-1224), and other than the offense of aggravated driving
15		under the influence of alcohol, other drug or drugs, or
16		intoxicating compound or compounds, or any combination thereof
17		as defined in subparagraph (F) of paragraph (1) of subsection
18		(d) of Section 11-501 of the Illinois Vehicle Code, and other
19		than the offense of aggravated driving under the influence of
20		alcohol, other drug or drugs, or intoxicating compound or
21		compounds, or any combination thereof as defined in
22		subparagraph (C) of paragraph (1) of subsection (d) of Section
23		11-501 of the Illinois Vehicle Code committed on or after
24		January 1, 2011 (the effective date of Public Act 96-1230), the
25		rules and regulations shall provide that a prisoner who is
26		serving a term of imprisonment shall receive one day of

SB1607 Enrolled - 94 - LRB100 11093 RLC 21351 b
1		sentence credit for each day of his or her sentence of
2		imprisonment or recommitment under Section 3-3-9. Each day of
3		sentence credit shall reduce by one day the prisoner's period
4		of imprisonment or recommitment under Section 3-3-9.
5		(2.2) A prisoner serving a term of natural life
6		imprisonment or a prisoner who has been sentenced to death
7		shall receive no sentence credit.
8		(2.3) The rules and regulations on sentence credit shall
9		provide that a prisoner who is serving a sentence for
10		aggravated driving under the influence of alcohol, other drug
11		or drugs, or intoxicating compound or compounds, or any
12		combination thereof as defined in subparagraph (F) of paragraph
13		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
14		Code, shall receive no more than 4.5 days of sentence credit
15		for each month of his or her sentence of imprisonment.
16		(2.4) The rules and regulations on sentence credit shall
17		provide with respect to the offenses of aggravated battery with
18		a machine gun or a firearm equipped with any device or
19		attachment designed or used for silencing the report of a
20		firearm or aggravated discharge of a machine gun or a firearm
21		equipped with any device or attachment designed or used for
22		silencing the report of a firearm, committed on or after July
23		15, 1999 (the effective date of Public Act 91-121), that a
24		prisoner serving a sentence for any of these offenses shall
25		receive no more than 4.5 days of sentence credit for each month
26		of his or her sentence of imprisonment.

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1		(2.5) The rules and regulations on sentence credit shall
2		provide that a prisoner who is serving a sentence for
3		aggravated arson committed on or after July 27, 2001 (the
4		effective date of Public Act 92-176) shall receive no more than
5		4.5 days of sentence credit for each month of his or her
6		sentence of imprisonment.
7		(2.6) The rules and regulations on sentence credit shall
8		provide that a prisoner who is serving a sentence for
9		aggravated driving under the influence of alcohol, other drug
10		or drugs, or intoxicating compound or compounds or any
11		combination thereof as defined in subparagraph (C) of paragraph
12		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
13		Code committed on or after January 1, 2011 (the effective date
14		of Public Act 96-1230) shall receive no more than 4.5 days of
15		sentence credit for each month of his or her sentence of
16		imprisonment.
17		(3) The rules and regulations shall also provide that the
18		Director may award up to 180 days additional sentence credit
19		for good conduct in specific instances as the Director deems
20		proper. The good conduct may include, but is not limited to,
21		compliance with the rules and regulations of the Department,
22		service to the Department, service to a community, or service
23		to the State. However, the Director shall not award more than
24		90 days of sentence credit for good conduct to any prisoner who
25		is serving a sentence for conviction of first degree murder,
26		reckless homicide while under the influence of alcohol or any

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1		other drug, or aggravated driving under the influence of
2		alcohol, other drug or drugs, or intoxicating compound or
3		compounds, or any combination thereof as defined in
4		subparagraph (F) of paragraph (1) of subsection (d) of Section
5		11-501 of the Illinois Vehicle Code, aggravated kidnapping,
6		kidnapping, predatory criminal sexual assault of a child,
7		aggravated criminal sexual assault, criminal sexual assault,
8		deviate sexual assault, aggravated criminal sexual abuse,
9		aggravated indecent liberties with a child, indecent liberties
10		with a child, child pornography, heinous battery as described
11		in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
12		aggravated battery of a spouse, aggravated battery of a spouse
13		with a firearm, stalking, aggravated stalking, aggravated
14		battery of a child as described in Section 12-4.3 or
15		subdivision (b)(1) of Section 12-3.05, endangering the life or
16		health of a child, or cruelty to a child. Notwithstanding the
17		foregoing, sentence credit for good conduct shall not be
18		awarded on a sentence of imprisonment imposed for conviction
19		of: (i) one of the offenses enumerated in subdivision
20		(a)(2)(i), (ii), or (iii) when the offense is committed on or
21		after June 19, 1998 or subdivision (a)(2)(iv) when the offense
22		is committed on or after June 23, 2005 (the effective date of
23		Public Act 94-71) or subdivision (a)(2)(v) when the offense is
24		committed on or after August 13, 2007 (the effective date of
25		Public Act 95-134) or subdivision (a)(2)(vi) when the offense
26		is committed on or after June 1, 2008 (the effective date of

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1		Public Act 95-625) or subdivision (a)(2)(vii) when the offense
2		is committed on or after July 23, 2010 (the effective date of
3		Public Act 96-1224), (ii) aggravated driving under the
4		influence of alcohol, other drug or drugs, or intoxicating
5		compound or compounds, or any combination thereof as defined in
6		subparagraph (F) of paragraph (1) of subsection (d) of Section
7		11-501 of the Illinois Vehicle Code, (iii) one of the offenses
8		enumerated in subdivision (a)(2.4) when the offense is
9		committed on or after July 15, 1999 (the effective date of
10		Public Act 91-121), (iv) aggravated arson when the offense is
11		committed on or after July 27, 2001 (the effective date of
12		Public Act 92-176), (v) offenses that may subject the offender
13		to commitment under the Sexually Violent Persons Commitment
14		Act, or (vi) aggravated driving under the influence of alcohol,
15		other drug or drugs, or intoxicating compound or compounds or
16		any combination thereof as defined in subparagraph (C) of
17		paragraph (1) of subsection (d) of Section 11-501 of the
18		Illinois Vehicle Code committed on or after January 1, 2011
19		(the effective date of Public Act 96-1230).
20		Eligible inmates for an award of sentence credit under this
21		paragraph (3) may be selected to receive the credit at the
22		Director's or his or her designee's sole discretion.
23		Consideration may be based on, but not limited to, any
24		available risk assessment analysis on the inmate, any history
25		of conviction for violent crimes as defined by the Rights of
26		Crime Victims and Witnesses Act, facts and circumstances of the

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

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1		(C) the holding offenses of inmates awarded sentence
2		credit for good conduct; and
3		(D) the number of sentence credit for good conduct
4		revocations.
5		(4) The rules and regulations shall also provide that the
6		sentence credit accumulated and retained under paragraph (2.1)
7		of subsection (a) of this Section by any inmate during specific
8		periods of time in which such inmate is engaged full-time in
9		substance abuse programs, correctional industry assignments,
10		educational programs, behavior modification programs, life
11		skills courses, or re-entry planning provided by the Department
12		under this paragraph (4) and satisfactorily completes the
13		assigned program as determined by the standards of the
14		Department, 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 regulations
17		shall also provide that sentence credit, subject to the same
18		offense limits and multiplier provided in this paragraph, may
19		be provided to an inmate who was held in pre-trial detention
20		prior to his or her current commitment to the Department of
21		Corrections and successfully completed a full-time, 60-day or
22		longer substance abuse program, educational program, behavior
23		modification program, life skills course, or re-entry planning
24		provided by the county department of corrections or county
25		jail. Calculation of this county program credit shall be done
26		at sentencing as provided in Section 5-4.5-100 of this Code and

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1		shall be included in the sentencing order. However, no inmate
2		shall be eligible for the additional sentence credit under this
3		paragraph (4) or (4.1) of this subsection (a) while assigned to
4		a boot camp or electronic detention, or if convicted of an
5		offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
6		this Section that is committed on or after June 19, 1998 or
7		subdivision (a)(2)(iv) of this Section that is committed on or
8		after June 23, 2005 (the effective date of Public Act 94-71) or
9		subdivision (a)(2)(v) of this Section that is committed on or
10		after August 13, 2007 (the effective date of Public Act 95-134)
11		or subdivision (a)(2)(vi) when the offense is committed on or
12		after June 1, 2008 (the effective date of Public Act 95-625) or
13		subdivision (a)(2)(vii) when the offense is committed on or
14		after July 23, 2010 (the effective date of Public Act 96-1224),
15		or if convicted of aggravated driving under the influence of
16		alcohol, other drug or drugs, or intoxicating compound or
17		compounds or any combination thereof as defined in subparagraph
18		(F) of paragraph (1) of subsection (d) of Section 11-501 of the
19		Illinois Vehicle Code, or if convicted of aggravated driving
20		under the influence of alcohol, other drug or drugs, or
21		intoxicating compound or compounds or any combination thereof
22		as defined in subparagraph (C) of paragraph (1) of subsection
23		(d) of Section 11-501 of the Illinois Vehicle Code committed on
24		or after January 1, 2011 (the effective date of Public Act
25		96-1230), or if convicted of an offense enumerated in paragraph
26		(a)(2.4) of this Section that is committed on or after July 15,

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1		1999 (the effective date of Public Act 91-121), or first degree
2		murder, a Class X felony, criminal sexual assault, felony
3		criminal sexual abuse, aggravated criminal sexual abuse,
4		aggravated battery with a firearm as described in Section
5		12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
6		Section 12-3.05, or any predecessor or successor offenses with
7		the same or substantially the same elements, or any inchoate
8		offenses relating to the foregoing offenses. No inmate shall be
9		eligible for the additional good conduct credit under this
10		paragraph (4) who (i) has previously received increased good
11		conduct credit under this paragraph (4) and has subsequently
12		been convicted of a felony, or (ii) has previously served more
13		than one prior sentence of imprisonment for a felony in an
14		adult correctional facility.
15		Educational, vocational, substance abuse, behavior
16		modification programs, life skills courses, re-entry planning,
17		and correctional industry programs under which sentence credit
18		may be increased under this paragraph (4) and paragraph (4.1)
19		of this subsection (a) shall be evaluated by the Department on
20		the basis of documented standards. The Department shall report
21		the results of these evaluations to the Governor and the
22		General Assembly by September 30th of each year. The reports
23		shall include data relating to the recidivism rate among
24		program participants.
25		Availability of these programs shall be subject to the
26		limits of fiscal resources appropriated by the General Assembly

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

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

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1		sentence credit under clause (3) of this subsection (a) at the
2		discretion of the Director.
3		(4.6) The rules and regulations on sentence credit shall
4		also provide that a prisoner who has been convicted of a sex
5		offense as defined in Section 2 of the Sex Offender
6		Registration Act shall receive no sentence credit unless he or
7		she either has successfully completed or is participating in
8		sex offender treatment as defined by the Sex Offender
9		Management Board. However, prisoners who are waiting to receive
10		treatment, but who are unable to do so due solely to the lack
11		of resources on the part of the Department, may, at the
12		Director's sole discretion, be awarded sentence credit at a
13		rate as the Director shall determine.
14		(5) Whenever the Department is to release any inmate
15		earlier than it otherwise would because of a grant of sentence
16		credit for good conduct under paragraph (3) of subsection (a)
17		of this Section given at any time during the term, the
18		Department shall give reasonable notice of the impending
19		release not less than 14 days prior to the date of the release
20		to the State's Attorney of the county where the prosecution of
21		the inmate took place, and if applicable, the State's Attorney
22		of the county into which the inmate will be released. The
23		Department must also make identification information and a
24		recent photo of the inmate being released accessible on the
25		Internet by means of a hyperlink labeled "Community
26		Notification of Inmate Early Release" on the Department's World

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1		Wide Web homepage. The identification information shall
2		include the inmate's: name, any known alias, date of birth,
3		physical characteristics, commitment offense and county where
4		conviction was imposed. The identification information shall
5		be placed on the website within 3 days of the inmate's release
6		and the information may not be removed until either: completion
7		of the first year of mandatory supervised release or return of
8		the inmate to custody of the Department.
9		(b) Whenever a person is or has been committed under
10		several convictions, with separate sentences, the sentences
11		shall be construed under Section 5-8-4 in granting and
12		forfeiting of sentence credit.
13		(c) The Department shall prescribe rules and regulations
14		for revoking sentence credit, including revoking sentence
15		credit awarded for good conduct under paragraph (3) of
16		subsection (a) of this Section. The Department shall prescribe
17		rules and regulations for suspending or reducing the rate of
18		accumulation of sentence credit for specific rule violations,
19		during imprisonment. These rules and regulations shall provide
20		that no inmate may be penalized more than one year of sentence
21		credit for any one infraction.
22		When the Department seeks to revoke, suspend or reduce the
23		rate of accumulation of any sentence credits for an alleged
24		infraction of its rules, it shall bring charges therefor
25		against the prisoner sought to be so deprived of sentence
26		credits before the Prisoner Review Board as provided in

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1		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2		amount of credit at issue exceeds 30 days or when during any 12
3		month period, the cumulative amount of credit revoked exceeds
4		30 days except where the infraction is committed or discovered
5		within 60 days of scheduled release. In those cases, the
6		Department of Corrections may revoke up to 30 days of sentence
7		credit. The Board may subsequently approve the revocation of
8		additional sentence credit, if the Department seeks to revoke
9		sentence credit in excess of 30 days. However, the Board shall
10		not be empowered to review the Department's decision with
11		respect to the loss of 30 days of sentence credit within any
12		calendar year for any prisoner or to increase any penalty
13		beyond the length requested by the Department.
14		The Director of the Department of Corrections, in
15		appropriate cases, may restore up to 30 days of sentence
16		credits which have been revoked, suspended or reduced. Any
17		restoration of sentence credits in excess of 30 days shall be
18		subject to review by the Prisoner Review Board. However, the
19		Board may not restore sentence credit in excess of the amount
20		requested by the Director.
21		Nothing contained in this Section shall prohibit the
22		Prisoner Review Board from ordering, pursuant to Section
23		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24		sentence imposed by the court that was not served due to the
25		accumulation of sentence credit.
26		(d) If a lawsuit is filed by a prisoner in an Illinois or

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1		federal court against the State, the Department of Corrections,
2		or the Prisoner Review Board, or against any of their officers
3		or employees, and the court makes a specific finding that a
4		pleading, motion, or other paper filed by the prisoner is
5		frivolous, the Department of Corrections shall conduct a
6		hearing to revoke up to 180 days of sentence credit by bringing
7		charges against the prisoner sought to be deprived of the
8		sentence credits before the Prisoner Review Board as provided
9		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
10		prisoner has not accumulated 180 days of sentence credit at the
11		time of the finding, then the Prisoner Review Board may revoke
12		all sentence credit accumulated by the prisoner.
13		For purposes of this subsection (d):
14		(1) "Frivolous" means that a pleading, motion, or other
15		filing which purports to be a legal document filed by a
16		prisoner in his or her lawsuit meets any or all of the
17		following criteria:
18		(A) it lacks an arguable basis either in law or in
19		fact;
20		(B) it is being presented for any improper purpose,
21		such as to harass or to cause unnecessary delay or
22		needless increase in the cost of litigation;
23		(C) the claims, defenses, and other legal
24		contentions therein are not warranted by existing law
25		or by a nonfrivolous argument for the extension,
26		modification, or reversal of existing law or the

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1		establishment of new law;
2		(D) the allegations and other factual contentions
3		do not have evidentiary support or, if specifically so
4		identified, are not likely to have evidentiary support
5		after a reasonable opportunity for further
6		investigation or discovery; or
7		(E) the denials of factual contentions are not
8		warranted on the evidence, or if specifically so
9		identified, are not reasonably based on a lack of
10		information or belief.
11		(2) "Lawsuit" means a motion pursuant to Section 116-3
12		of the Code of Criminal Procedure of 1963, a habeas corpus
13		action under Article X of the Code of Civil Procedure or
14		under federal law (28 U.S.C. 2254), a petition for claim
15		under the Court of Claims Act, an action under the federal
16		Civil Rights Act (42 U.S.C. 1983), or a second or
17		subsequent petition for post-conviction relief under
18		Article 122 of the Code of Criminal Procedure of 1963
19		whether filed with or without leave of court or a second or
20		subsequent petition for relief from judgment under Section
21		2-1401 of the Code of Civil Procedure.
22		(e) Nothing in Public Act 90-592 or 90-593 affects the
23		validity of Public Act 89-404.
24		(f) Whenever the Department is to release any inmate who
25		has been convicted of a violation of an order of protection
26		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

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1		the Criminal Code of 2012, earlier than it otherwise would
2		because of a grant of sentence credit, the Department, as a
3		condition of release, shall require that the person, upon
4		release, be placed under electronic surveillance as provided in
5		Section 5-8A-7 of this Code.
6		(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
7		eff. 7-28-16; 100-3, eff. 1-1-18.)
8		(Text of Section from P.A. 99-938 and 100-3)
9		Sec. 3-6-3. Rules and regulations for sentence credit.
10		(a)(1) The Department of Corrections shall prescribe rules
11		and regulations for awarding and revoking sentence credit for
12		persons committed to the Department which shall be subject to
13		review by the Prisoner Review Board.
14		(1.5) As otherwise provided by law, sentence credit may be
15		awarded for the following:
16		(A) successful completion of programming while in
17		custody of the Department or while in custody prior to
18		sentencing;
19		(B) compliance with the rules and regulations of the
20		Department; or
21		(C) service to the institution, service to a community,
22		or service to the State.
23		(2) Except as provided in paragraph (4.7) of this
24		subsection (a), the rules and regulations on sentence credit
25		shall provide, with respect to offenses listed in clause (i),

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

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

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

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1		(vii) that a prisoner serving a sentence for aggravated
2		domestic battery shall receive no more than 4.5 days of
3		sentence credit for each month of his or her sentence of
4		imprisonment.
5		(2.1) For all offenses, other than those enumerated in
6		subdivision (a)(2)(i), (ii), or (iii) committed on or after
7		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8		June 23, 2005 (the effective date of Public Act 94-71) or
9		subdivision (a)(2)(v) committed on or after August 13, 2007
10		(the effective date of Public Act 95-134) or subdivision
11		(a)(2)(vi) committed on or after June 1, 2008 (the effective
12		date of Public Act 95-625) or subdivision (a)(2)(vii) committed
13		on or after July 23, 2010 (the effective date of Public Act
14		96-1224), and other than the offense of aggravated driving
15		under the influence of alcohol, other drug or drugs, or
16		intoxicating compound or compounds, or any combination thereof
17		as defined in subparagraph (F) of paragraph (1) of subsection
18		(d) of Section 11-501 of the Illinois Vehicle Code, and other
19		than the offense of aggravated driving under the influence of
20		alcohol, other drug or drugs, or intoxicating compound or
21		compounds, or any combination thereof as defined in
22		subparagraph (C) of paragraph (1) of subsection (d) of Section
23		11-501 of the Illinois Vehicle Code committed on or after
24		January 1, 2011 (the effective date of Public Act 96-1230), the
25		rules and regulations shall provide that a prisoner who is
26		serving a term of imprisonment shall receive one day of

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1		sentence credit for each day of his or her sentence of
2		imprisonment or recommitment under Section 3-3-9. Each day of
3		sentence credit shall reduce by one day the prisoner's period
4		of imprisonment or recommitment under Section 3-3-9.
5		(2.2) A prisoner serving a term of natural life
6		imprisonment or a prisoner who has been sentenced to death
7		shall receive no sentence credit.
8		(2.3) Except as provided in paragraph (4.7) of this
9		subsection (a), the rules and regulations on sentence credit
10		shall provide that a prisoner who is serving a sentence for
11		aggravated driving under the influence of alcohol, other drug
12		or drugs, or intoxicating compound or compounds, or any
13		combination thereof as defined in subparagraph (F) of paragraph
14		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15		Code, shall receive no more than 4.5 days of sentence credit
16		for each month of his or her sentence of imprisonment.
17		(2.4) Except as provided in paragraph (4.7) of this
18		subsection (a), the rules and regulations on sentence credit
19		shall provide with respect to the offenses of aggravated
20		battery with a machine gun or a firearm equipped with any
21		device or attachment designed or used for silencing the report
22		of a firearm or aggravated discharge of a machine gun or a
23		firearm equipped with any device or attachment designed or used
24		for silencing the report of a firearm, committed on or after
25		July 15, 1999 (the effective date of Public Act 91-121), that a
26		prisoner serving a sentence for any of these offenses shall

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1		receive no more than 4.5 days of sentence credit for each month
2		of his or her sentence of imprisonment.
3		(2.5) Except as provided in paragraph (4.7) of this
4		subsection (a), the rules and regulations on sentence credit
5		shall provide that a prisoner who is serving a sentence for
6		aggravated arson committed on or after July 27, 2001 (the
7		effective date of Public Act 92-176) shall receive no more than
8		4.5 days of sentence credit for each month of his or her
9		sentence of imprisonment.
10		(2.6) Except as provided in paragraph (4.7) of this
11		subsection (a), the rules and regulations on sentence credit
12		shall provide that a prisoner who is serving a sentence for
13		aggravated driving under the influence of alcohol, other drug
14		or drugs, or intoxicating compound or compounds or any
15		combination thereof as defined in subparagraph (C) of paragraph
16		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
17		Code committed on or after January 1, 2011 (the effective date
18		of Public Act 96-1230) shall receive no more than 4.5 days of
19		sentence credit for each month of his or her sentence of
20		imprisonment.
21		(3) In addition to the sentence credits earned under
22		paragraphs (2.1), (4), (4.1), and Except as provided in
23		paragraph (4.7) of this subsection (a), the rules and
24		regulations shall also provide that the Director may award up
25		to 180 days of earned sentence credit for good conduct in
26		specific instances as the Director deems proper. The good

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

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1		(B-1) has received a risk/needs assessment or other
2		relevant evaluation or assessment administered by the
3		Department using a validated instrument; and
4		(C) has met the eligibility criteria established under
5		paragraph (4) of this subsection (a) and by rule for earned
6		sentence credit.
7		The Director shall determine the form and content of the
8		written determination required in this subsection.
9		(3.5) The Department shall provide annual written reports
10		to the Governor and the General Assembly on the award of earned
11		sentence credit no later than February 1 of each year. The
12		Department must publish both reports on its website within 48
13		hours of transmitting the reports to the Governor and the
14		General Assembly. The reports must include:
15		(A) the number of inmates awarded earned sentence
16		credit;
17		(B) the average amount of earned sentence credit
18		awarded;
19		(C) the holding offenses of inmates awarded earned
20		sentence credit; and
21		(D) the number of earned sentence credit revocations.
22		(4) Except as provided in paragraph (4.7) of this
23		subsection (a), the rules and regulations shall also provide
24		that the sentence credit accumulated and retained under
25		paragraph (2.1) of subsection (a) of this Section by any inmate
26		during specific periods of time in which such inmate is engaged

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

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1		may be increased under this paragraph (4) and paragraph (4.1)
2		of this subsection (a) shall be evaluated by the Department on
3		the basis of documented standards. The Department shall report
4		the results of these evaluations to the Governor and the
5		General Assembly by September 30th of each year. The reports
6		shall include data relating to the recidivism rate among
7		program participants.
8		Availability of these programs shall be subject to the
9		limits of fiscal resources appropriated by the General Assembly
10		for these purposes. Eligible inmates who are denied immediate
11		admission shall be placed on a waiting list under criteria
12		established by the Department. The inability of any inmate to
13		become engaged in any such programs by reason of insufficient
14		program resources or for any other reason established under the
15		rules and regulations of the Department shall not be deemed a
16		cause of action under which the Department or any employee or
17		agent of the Department shall be liable for damages to the
18		inmate.
19		(4.1) Except as provided in paragraph (4.7) of this
20		subsection (a), the rules and regulations shall also provide
21		that an additional 90 days of sentence credit shall be awarded
22		to any prisoner who passes high school equivalency testing
23		while the prisoner is committed to the Department of
24		Corrections. The sentence credit awarded under this paragraph
25		(4.1) shall be in addition to, and shall not affect, the award
26		of sentence credit under any other paragraph of this Section,

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

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1		resources appropriated by the General Assembly for these
2		purposes. If treatment is not available and the requirement to
3		participate and complete the treatment has not been waived by
4		the Director, the prisoner shall be placed on a waiting list
5		under criteria established by the Department. The Director may
6		allow a prisoner placed on a waiting list to participate in and
7		complete a substance abuse education class or attend substance
8		abuse self-help meetings in lieu of a substance abuse treatment
9		program. A prisoner on a waiting list who is not placed in a
10		substance abuse program prior to release may be eligible for a
11		waiver and receive sentence credit under clause (3) of this
12		subsection (a) at the discretion of the Director.
13		(4.6) The rules and regulations on sentence credit shall
14		also provide that a prisoner who has been convicted of a sex
15		offense as defined in Section 2 of the Sex Offender
16		Registration Act shall receive no sentence credit unless he or
17		she either has successfully completed or is participating in
18		sex offender treatment as defined by the Sex Offender
19		Management Board. However, prisoners who are waiting to receive
20		treatment, but who are unable to do so due solely to the lack
21		of resources on the part of the Department, may, at the
22		Director's sole discretion, be awarded sentence credit at a
23		rate as the Director shall determine.
24		(4.7) On or after the effective date of this amendatory Act
25		of the 100th General Assembly, sentence credit under paragraph
26		(3), (4), or (4.1) of this subsection (a) may be awarded to a

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1		prisoner who is serving a sentence for an offense described in
2		paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
3		on or after the effective date of this amendatory Act of the
4		100th General Assembly; provided, the award of the credits
5		under this paragraph (4.7) shall not reduce the sentence of the
6		prisoner to less than the following amounts:
7		(i) 85% of his or her sentence if the prisoner is
8		required to serve 85% of his or her sentence; or
9		(ii) 60% of his or her sentence if the prisoner is
10		required to serve 75% of his or her sentence, except if the
11		prisoner is serving a sentence for gunrunning his or her
12		sentence shall not be reduced to less than 75%.
13		This paragraph (4.7) shall not apply to a prisoner serving
14		a sentence for an offense described in subparagraph (i) of
15		paragraph (2) of this subsection (a).
16		(5) Whenever the Department is to release any inmate
17		earlier than it otherwise would because of a grant of earned
18		sentence credit under paragraph (3) of subsection (a) of this
19		Section given at any time during the term, the Department shall
20		give reasonable notice of the impending release not less than
21		14 days prior to the date of the release to the State's
22		Attorney of the county where the prosecution of the inmate took
23		place, and if applicable, the State's Attorney of the county
24		into which the inmate will be released. The Department must
25		also make identification information and a recent photo of the
26		inmate being released accessible on the Internet by means of a

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

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

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

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1		or by a nonfrivolous argument for the extension,
2		modification, or reversal of existing law or the
3		establishment of new law;
4		(D) the allegations and other factual contentions
5		do not have evidentiary support or, if specifically so
6		identified, are not likely to have evidentiary support
7		after a reasonable opportunity for further
8		investigation or discovery; or
9		(E) the denials of factual contentions are not
10		warranted on the evidence, or if specifically so
11		identified, are not reasonably based on a lack of
12		information or belief.
13		(2) "Lawsuit" means a motion pursuant to Section 116-3
14		of the Code of Criminal Procedure of 1963, a habeas corpus
15		action under Article X of the Code of Civil Procedure or
16		under federal law (28 U.S.C. 2254), a petition for claim
17		under the Court of Claims Act, an action under the federal
18		Civil Rights Act (42 U.S.C. 1983), or a second or
19		subsequent petition for post-conviction relief under
20		Article 122 of the Code of Criminal Procedure of 1963
21		whether filed with or without leave of court or a second or
22		subsequent petition for relief from judgment under Section
23		2-1401 of the Code of Civil Procedure.
24		(e) Nothing in Public Act 90-592 or 90-593 affects the
25		validity of Public Act 89-404.
26		(f) Whenever the Department is to release any inmate who

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1		has been convicted of a violation of an order of protection
2		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
3		the Criminal Code of 2012, earlier than it otherwise would
4		because of a grant of sentence credit, the Department, as a
5		condition of release, shall require that the person, upon
6		release, be placed under electronic surveillance as provided in
7		Section 5-8A-7 of this Code.
8		(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
9		eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)
10		(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
11		(Text of Section before amendment by P.A. 99-938)
12		Sec. 5-5-3. Disposition.
13		(a) (Blank).
14		(b) (Blank).
15		(c) (1) (Blank).
16		(2) A period of probation, a term of periodic imprisonment
17		or conditional discharge shall not be imposed for the following
18		offenses. The court shall sentence the offender to not less
19		than the minimum term of imprisonment set forth in this Code
20		for the following offenses, and may order a fine or restitution
21		or both in conjunction with such term of imprisonment:
22		(A) First degree murder where the death penalty is not
23		imposed.
24		(B) Attempted first degree murder.
25		(C) A Class X felony.

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1		(D) A violation of Section 401.1 or 407 of the Illinois
2		Controlled Substances Act, or a violation of subdivision
3		(c)(1.5) or (c)(2) of Section 401 of that Act which relates
4		to more than 5 grams of a substance containing cocaine,
5		fentanyl, or an analog thereof.
6		(D-5) A violation of subdivision (c)(1) of Section 401
7		of the Illinois Controlled Substances Act which relates to
8		3 or more grams of a substance containing heroin or an
9		analog thereof.
10		(E) A violation of Section 5.1 or 9 of the Cannabis
11		Control Act.
12		(F) A Class 2 or greater felony if the offender had
13		been convicted of a Class 2 or greater felony, including
14		any state or federal conviction for an offense that
15		contained, at the time it was committed, the same elements
16		as an offense now (the date of the offense committed after
17		the prior Class 2 or greater felony) classified as a Class
18		2 or greater felony, within 10 years of the date on which
19		the offender committed the offense for which he or she is
20		being sentenced, except as otherwise provided in Section
21		40-10 of the Alcoholism and Other Drug Abuse and Dependency
22		Act.
23		(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24		the Criminal Code of 1961 or the Criminal Code of 2012 for
25		which imprisonment is prescribed in those Sections.
26		(G) Residential burglary, except as otherwise provided

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1		in Section 40-10 of the Alcoholism and Other Drug Abuse and
2		Dependency Act.
3		(H) Criminal sexual assault.
4		(I) Aggravated battery of a senior citizen as described
5		in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6		of the Criminal Code of 1961 or the Criminal Code of 2012.
7		(J) A forcible felony if the offense was related to the
8		activities of an organized gang.
9		Before July 1, 1994, for the purposes of this
10		paragraph, "organized gang" means an association of 5 or
11		more persons, with an established hierarchy, that
12		encourages members of the association to perpetrate crimes
13		or provides support to the members of the association who
14		do commit crimes.
15		Beginning July 1, 1994, for the purposes of this
16		paragraph, "organized gang" has the meaning ascribed to it
17		in Section 10 of the Illinois Streetgang Terrorism Omnibus
18		Prevention Act.
19		(K) Vehicular hijacking.
20		(L) A second or subsequent conviction for the offense
21		of hate crime when the underlying offense upon which the
22		hate crime is based is felony aggravated assault or felony
23		mob action.
24		(M) A second or subsequent conviction for the offense
25		of institutional vandalism if the damage to the property
26		exceeds $300.

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1		(N) A Class 3 felony violation of paragraph (1) of
2		subsection (a) of Section 2 of the Firearm Owners
3		Identification Card Act.
4		(O) A violation of Section 12-6.1 or 12-6.5 of the
5		Criminal Code of 1961 or the Criminal Code of 2012.
6		(P) A violation of paragraph (1), (2), (3), (4), (5),
7		or (7) of subsection (a) of Section 11-20.1 of the Criminal
8		Code of 1961 or the Criminal Code of 2012.
9		(Q) A violation of subsection (b) or (b-5) of Section
10		20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
11		Code of 1961 or the Criminal Code of 2012.
12		(R) A violation of Section 24-3A of the Criminal Code
13		of 1961 or the Criminal Code of 2012.
14		(S) (Blank).
15		(T) A second or subsequent violation of the
16		Methamphetamine Control and Community Protection Act.
17		(U) A second or subsequent violation of Section 6-303
18		of the Illinois Vehicle Code committed while his or her
19		driver's license, permit, or privilege was revoked because
20		of a violation of Section 9-3 of the Criminal Code of 1961
21		or the Criminal Code of 2012, relating to the offense of
22		reckless homicide, or a similar provision of a law of
23		another state.
24		(V) A violation of paragraph (4) of subsection (c) of
25		Section 11-20.1B or paragraph (4) of subsection (c) of
26		Section 11-20.3 of the Criminal Code of 1961, or paragraph

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1		(6) of subsection (a) of Section 11-20.1 of the Criminal
2		Code of 2012 when the victim is under 13 years of age and
3		the defendant has previously been convicted under the laws
4		of this State or any other state of the offense of child
5		pornography, aggravated child pornography, aggravated
6		criminal sexual abuse, aggravated criminal sexual assault,
7		predatory criminal sexual assault of a child, or any of the
8		offenses formerly known as rape, deviate sexual assault,
9		indecent liberties with a child, or aggravated indecent
10		liberties with a child where the victim was under the age
11		of 18 years or an offense that is substantially equivalent
12		to those offenses.
13		(W) A violation of Section 24-3.5 of the Criminal Code
14		of 1961 or the Criminal Code of 2012.
15		(X) A violation of subsection (a) of Section 31-1a of
16		the Criminal Code of 1961 or the Criminal Code of 2012.
17		(Y) A conviction for unlawful possession of a firearm
18		by a street gang member when the firearm was loaded or
19		contained firearm ammunition.
20		(Z) A Class 1 felony committed while he or she was
21		serving a term of probation or conditional discharge for a
22		felony.
23		(AA) Theft of property exceeding $500,000 and not
24		exceeding $1,000,000 in value.
25		(BB) Laundering of criminally derived property of a
26		value exceeding $500,000.

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

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

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1		(4.9) A mandatory prison sentence of not less than 4 and
2		not more than 15 years shall be imposed for a third violation
3		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
4		Code, as provided in subsection (d-2.5) of that Section. The
5		person's driving privileges shall be revoked for the remainder
6		of his or her life.
7		(4.10) A mandatory prison sentence for a Class 1 felony
8		shall be imposed, and the person shall be eligible for an
9		extended term sentence, for a fourth or subsequent violation of
10		subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
11		as provided in subsection (d-3.5) of that Section. The person's
12		driving privileges shall be revoked for the remainder of his or
13		her life.
14		(5) The court may sentence a corporation or unincorporated
15		association convicted of any offense to:
16		(A) a period of conditional discharge;
17		(B) a fine;
18		(C) make restitution to the victim under Section 5-5-6
19		of this Code.
20		(5.1) In addition to any other penalties imposed, and
21		except as provided in paragraph (5.2) or (5.3), a person
22		convicted of violating subsection (c) of Section 11-907 of the
23		Illinois Vehicle Code shall have his or her driver's license,
24		permit, or privileges suspended for at least 90 days but not
25		more than one year, if the violation resulted in damage to the
26		property of another person.

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

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

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

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

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

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1		Any such medical test shall be performed only by appropriately
2		licensed medical practitioners and may include an analysis of
3		any bodily fluids as well as an examination of the defendant's
4		person. Except as otherwise provided by law, the results of
5		such test shall be kept strictly confidential by all medical
6		personnel involved in the testing and must be personally
7		delivered in a sealed envelope to the judge of the court in
8		which the conviction was entered for the judge's inspection in
9		camera. Acting in accordance with the best interests of the
10		victim and the public, the judge shall have the discretion to
11		determine to whom, if anyone, the results of the testing may be
12		revealed. The court shall notify the defendant of the test
13		results. The court shall also notify the victim if requested by
14		the victim, and if the victim is under the age of 15 and if
15		requested by the victim's parents or legal guardian, the court
16		shall notify the victim's parents or legal guardian of the test
17		results. The court shall provide information on the
18		availability of HIV testing and counseling at Department of
19		Public Health facilities to all parties to whom the results of
20		the testing are revealed and shall direct the State's Attorney
21		to provide the information to the victim when possible. A
22		State's Attorney may petition the court to obtain the results
23		of any HIV test administered under this Section, and the court
24		shall grant the disclosure if the State's Attorney shows it is
25		relevant in order to prosecute a charge of criminal
26		transmission of HIV under Section 12-5.01 or 12-16.2 of the

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1		Criminal Code of 1961 or the Criminal Code of 2012 against the
2		defendant. The court shall order that the cost of any such test
3		shall be paid by the county and may be taxed as costs against
4		the convicted defendant.
5		(g-5) When an inmate is tested for an airborne communicable
6		disease, as determined by the Illinois Department of Public
7		Health including but not limited to tuberculosis, the results
8		of the test shall be personally delivered by the warden or his
9		or her designee in a sealed envelope to the judge of the court
10		in which the inmate must appear for the judge's inspection in
11		camera if requested by the judge. Acting in accordance with the
12		best interests of those in the courtroom, the judge shall have
13		the discretion to determine what if any precautions need to be
14		taken to prevent transmission of the disease in the courtroom.
15		(h) Whenever a defendant is convicted of an offense under
16		Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
17		defendant shall undergo medical testing to determine whether
18		the defendant has been exposed to human immunodeficiency virus
19		(HIV) or any other identified causative agent of acquired
20		immunodeficiency syndrome (AIDS). Except as otherwise provided
21		by law, the results of such test shall be kept strictly
22		confidential by all medical personnel involved in the testing
23		and must be personally delivered in a sealed envelope to the
24		judge of the court in which the conviction was entered for the
25		judge's inspection in camera. Acting in accordance with the
26		best interests of the public, the judge shall have the

SB1607 Enrolled - 142 - LRB100 11093 RLC 21351 b
1		discretion to determine to whom, if anyone, the results of the
2		testing may be revealed. The court shall notify the defendant
3		of a positive test showing an infection with the human
4		immunodeficiency virus (HIV). The court shall provide
5		information on the availability of HIV testing and counseling
6		at Department of Public Health facilities to all parties to
7		whom the results of the testing are revealed and shall direct
8		the State's Attorney to provide the information to the victim
9		when possible. A State's Attorney may petition the court to
10		obtain the results of any HIV test administered under this
11		Section, and the court shall grant the disclosure if the
12		State's Attorney shows it is relevant in order to prosecute a
13		charge of criminal transmission of HIV under Section 12-5.01 or
14		12-16.2 of the Criminal Code of 1961 or the Criminal Code of
15		2012 against the defendant. The court shall order that the cost
16		of any such test shall be paid by the county and may be taxed as
17		costs against the convicted defendant.
18		(i) All fines and penalties imposed under this Section for
19		any violation of Chapters 3, 4, 6, and 11 of the Illinois
20		Vehicle Code, or a similar provision of a local ordinance, and
21		any violation of the Child Passenger Protection Act, or a
22		similar provision of a local ordinance, shall be collected and
23		disbursed by the circuit clerk as provided under Section 27.5
24		of the Clerks of Courts Act.
25		(j) In cases when prosecution for any violation of Section
26		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

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1		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
3		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
4		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5		Code of 2012, any violation of the Illinois Controlled
6		Substances Act, any violation of the Cannabis Control Act, or
7		any violation of the Methamphetamine Control and Community
8		Protection Act results in conviction, a disposition of court
9		supervision, or an order of probation granted under Section 10
10		of the Cannabis Control Act, Section 410 of the Illinois
11		Controlled Substances Act, or Section 70 of the Methamphetamine
12		Control and Community Protection Act of a defendant, the court
13		shall determine whether the defendant is employed by a facility
14		or center as defined under the Child Care Act of 1969, a public
15		or private elementary or secondary school, or otherwise works
16		with children under 18 years of age on a daily basis. When a
17		defendant is so employed, the court shall order the Clerk of
18		the Court to send a copy of the judgment of conviction or order
19		of supervision or probation to the defendant's employer by
20		certified mail. If the employer of the defendant is a school,
21		the Clerk of the Court shall direct the mailing of a copy of
22		the judgment of conviction or order of supervision or probation
23		to the appropriate regional superintendent of schools. The
24		regional superintendent of schools shall notify the State Board
25		of Education of any notification under this subsection.
26		(j-5) A defendant at least 17 years of age who is convicted

SB1607 Enrolled - 144 - LRB100 11093 RLC 21351 b
1		of a felony and who has not been previously convicted of a
2		misdemeanor or felony and who is sentenced to a term of
3		imprisonment in the Illinois Department of Corrections shall as
4		a condition of his or her sentence be required by the court to
5		attend educational courses designed to prepare the defendant
6		for a high school diploma and to work toward a high school
7		diploma or to work toward passing high school equivalency
8		testing or to work toward completing a vocational training
9		program offered by the Department of Corrections. If a
10		defendant fails to complete the educational training required
11		by his or her sentence during the term of incarceration, the
12		Prisoner Review Board shall, as a condition of mandatory
13		supervised release, require the defendant, at his or her own
14		expense, to pursue a course of study toward a high school
15		diploma or passage of high school equivalency testing. The
16		Prisoner Review Board shall revoke the mandatory supervised
17		release of a defendant who wilfully fails to comply with this
18		subsection (j-5) upon his or her release from confinement in a
19		penal institution while serving a mandatory supervised release
20		term; however, the inability of the defendant after making a
21		good faith effort to obtain financial aid or pay for the
22		educational training shall not be deemed a wilful failure to
23		comply. The Prisoner Review Board shall recommit the defendant
24		whose mandatory supervised release term has been revoked under
25		this subsection (j-5) as provided in Section 3-3-9. This
26		subsection (j-5) does not apply to a defendant who has a high

SB1607 Enrolled - 145 - LRB100 11093 RLC 21351 b
1		school diploma or has successfully passed high school
2		equivalency testing. This subsection (j-5) does not apply to a
3		defendant who is determined by the court to be a person with a
4		developmental disability or otherwise mentally incapable of
5		completing the educational or vocational program.
6		(k) (Blank).
7		(l) (A) Except as provided in paragraph (C) of subsection
8		(l), whenever a defendant, who is an alien as defined by the
9		Immigration and Nationality Act, is convicted of any felony or
10		misdemeanor offense, the court after sentencing the defendant
11		may, upon motion of the State's Attorney, hold sentence in
12		abeyance and remand the defendant to the custody of the
13		Attorney General of the United States or his or her designated
14		agent to be deported when:
15		(1) a final order of deportation has been issued
16		against the defendant pursuant to proceedings under the
17		Immigration and Nationality Act, and
18		(2) the deportation of the defendant would not
19		deprecate the seriousness of the defendant's conduct and
20		would not be inconsistent with the ends of justice.
21		Otherwise, the defendant shall be sentenced as provided in
22		this Chapter V.
23		(B) If the defendant has already been sentenced for a
24		felony or misdemeanor offense, or has been placed on probation
25		under Section 10 of the Cannabis Control Act, Section 410 of
26		the Illinois Controlled Substances Act, or Section 70 of the

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

SB1607 Enrolled - 147 - LRB100 11093 RLC 21351 b
1		Criminal Code of 2012, in which the property damage exceeds
2		$300 and the property damaged is a school building, shall be
3		ordered to perform community service that may include cleanup,
4		removal, or painting over the defacement.
5		(n) The court may sentence a person convicted of a
6		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8		of 1961 or the Criminal Code of 2012 (i) to an impact
9		incarceration program if the person is otherwise eligible for
10		that program under Section 5-8-1.1, (ii) to community service,
11		or (iii) if the person is an addict or alcoholic, as defined in
12		the Alcoholism and Other Drug Abuse and Dependency Act, to a
13		substance or alcohol abuse program licensed under that Act.
14		(o) Whenever a person is convicted of a sex offense as
15		defined in Section 2 of the Sex Offender Registration Act, the
16		defendant's driver's license or permit shall be subject to
17		renewal on an annual basis in accordance with the provisions of
18		license renewal established by the Secretary of State.
19		(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
20		99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
21		(Text of Section after amendment by P.A. 99-938)
22		Sec. 5-5-3. Disposition.
23		(a) (Blank).
24		(b) (Blank).
25		(c) (1) (Blank).

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

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

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

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

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

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

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1		court services.
2		(4.5) A minimum term of imprisonment of 30 days shall be
3		imposed for a third violation of subsection (c) of Section
4		6-303 of the Illinois Vehicle Code.
5		(4.6) Except as provided in paragraph (4.10) of this
6		subsection (c), a minimum term of imprisonment of 180 days
7		shall be imposed for a fourth or subsequent violation of
8		subsection (c) of Section 6-303 of the Illinois Vehicle Code.
9		(4.7) A minimum term of imprisonment of not less than 30
10		consecutive days, or 300 hours of community service, shall be
11		imposed for a violation of subsection (a-5) of Section 6-303 of
12		the Illinois Vehicle Code, as provided in subsection (b-5) of
13		that Section.
14		(4.8) A mandatory prison sentence shall be imposed for a
15		second violation of subsection (a-5) of Section 6-303 of the
16		Illinois Vehicle Code, as provided in subsection (c-5) of that
17		Section. The person's driving privileges shall be revoked for a
18		period of not less than 5 years from the date of his or her
19		release from prison.
20		(4.9) A mandatory prison sentence of not less than 4 and
21		not more than 15 years shall be imposed for a third violation
22		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
23		Code, as provided in subsection (d-2.5) of that Section. The
24		person's driving privileges shall be revoked for the remainder
25		of his or her life.
26		(4.10) A mandatory prison sentence for a Class 1 felony

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1		shall be imposed, and the person shall be eligible for an
2		extended term sentence, for a fourth or subsequent violation of
3		subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
4		as provided in subsection (d-3.5) of that Section. The person's
5		driving privileges shall be revoked for the remainder of his or
6		her life.
7		(5) The court may sentence a corporation or unincorporated
8		association convicted of any offense to:
9		(A) a period of conditional discharge;
10		(B) a fine;
11		(C) make restitution to the victim under Section 5-5-6
12		of this Code.
13		(5.1) In addition to any other penalties imposed, and
14		except as provided in paragraph (5.2) or (5.3), a person
15		convicted of violating subsection (c) of Section 11-907 of the
16		Illinois Vehicle Code shall have his or her driver's license,
17		permit, or privileges suspended for at least 90 days but not
18		more than one year, if the violation resulted in damage to the
19		property of another person.
20		(5.2) In addition to any other penalties imposed, and
21		except as provided in paragraph (5.3), a person convicted of
22		violating subsection (c) of Section 11-907 of the Illinois
23		Vehicle Code shall have his or her driver's license, permit, or
24		privileges suspended for at least 180 days but not more than 2
25		years, if the violation resulted in injury to another person.
26		(5.3) In addition to any other penalties imposed, a person

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1		convicted of violating subsection (c) of Section 11-907 of the
2		Illinois Vehicle Code shall have his or her driver's license,
3		permit, or privileges suspended for 2 years, if the violation
4		resulted in the death of another person.
5		(5.4) In addition to any other penalties imposed, a person
6		convicted of violating Section 3-707 of the Illinois Vehicle
7		Code shall have his or her driver's license, permit, or
8		privileges suspended for 3 months and until he or she has paid
9		a reinstatement fee of $100.
10		(5.5) In addition to any other penalties imposed, a person
11		convicted of violating Section 3-707 of the Illinois Vehicle
12		Code during a period in which his or her driver's license,
13		permit, or privileges were suspended for a previous violation
14		of that Section shall have his or her driver's license, permit,
15		or privileges suspended for an additional 6 months after the
16		expiration of the original 3-month suspension and until he or
17		she has paid a reinstatement fee of $100.
18		(6) (Blank).
19		(7) (Blank).
20		(8) (Blank).
21		(9) A defendant convicted of a second or subsequent offense
22		of ritualized abuse of a child may be sentenced to a term of
23		natural life imprisonment.
24		(10) (Blank).
25		(11) The court shall impose a minimum fine of $1,000 for a
26		first offense and $2,000 for a second or subsequent offense

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1		upon a person convicted of or placed on supervision for battery
2		when the individual harmed was a sports official or coach at
3		any level of competition and the act causing harm to the sports
4		official or coach occurred within an athletic facility or
5		within the immediate vicinity of the athletic facility at which
6		the sports official or coach was an active participant of the
7		athletic contest held at the athletic facility. For the
8		purposes of this paragraph (11), "sports official" means a
9		person at an athletic contest who enforces the rules of the
10		contest, such as an umpire or referee; "athletic facility"
11		means an indoor or outdoor playing field or recreational area
12		where sports activities are conducted; and "coach" means a
13		person recognized as a coach by the sanctioning authority that
14		conducted the sporting event.
15		(12) A person may not receive a disposition of court
16		supervision for a violation of Section 5-16 of the Boat
17		Registration and Safety Act if that person has previously
18		received a disposition of court supervision for a violation of
19		that Section.
20		(13) A person convicted of or placed on court supervision
21		for an assault or aggravated assault when the victim and the
22		offender are family or household members as defined in Section
23		103 of the Illinois Domestic Violence Act of 1986 or convicted
24		of domestic battery or aggravated domestic battery may be
25		required to attend a Partner Abuse Intervention Program under
26		protocols set forth by the Illinois Department of Human

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1		Services under such terms and conditions imposed by the court.
2		The costs of such classes shall be paid by the offender.
3		(d) In any case in which a sentence originally imposed is
4		vacated, the case shall be remanded to the trial court. The
5		trial court shall hold a hearing under Section 5-4-1 of the
6		Unified Code of Corrections which may include evidence of the
7		defendant's life, moral character and occupation during the
8		time since the original sentence was passed. The trial court
9		shall then impose sentence upon the defendant. The trial court
10		may impose any sentence which could have been imposed at the
11		original trial subject to Section 5-5-4 of the Unified Code of
12		Corrections. If a sentence is vacated on appeal or on
13		collateral attack due to the failure of the trier of fact at
14		trial to determine beyond a reasonable doubt the existence of a
15		fact (other than a prior conviction) necessary to increase the
16		punishment for the offense beyond the statutory maximum
17		otherwise applicable, either the defendant may be re-sentenced
18		to a term within the range otherwise provided or, if the State
19		files notice of its intention to again seek the extended
20		sentence, the defendant shall be afforded a new trial.
21		(e) In cases where prosecution for aggravated criminal
22		sexual abuse under Section 11-1.60 or 12-16 of the Criminal
23		Code of 1961 or the Criminal Code of 2012 results in conviction
24		of a defendant who was a family member of the victim at the
25		time of the commission of the offense, the court shall consider
26		the safety and welfare of the victim and may impose a sentence

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1		of probation only where:
2		(1) the court finds (A) or (B) or both are appropriate:
3		(A) the defendant is willing to undergo a court
4		approved counseling program for a minimum duration of 2
5		years; or
6		(B) the defendant is willing to participate in a
7		court approved plan including but not limited to the
8		defendant's:
9		(i) removal from the household;
10		(ii) restricted contact with the victim;
11		(iii) continued financial support of the
12		family;
13		(iv) restitution for harm done to the victim;
14		and
15		(v) compliance with any other measures that
16		the court may deem appropriate; and
17		(2) the court orders the defendant to pay for the
18		victim's counseling services, to the extent that the court
19		finds, after considering the defendant's income and
20		assets, that the defendant is financially capable of paying
21		for such services, if the victim was under 18 years of age
22		at the time the offense was committed and requires
23		counseling as a result of the offense.
24		Probation may be revoked or modified pursuant to Section
25		5-6-4; except where the court determines at the hearing that
26		the defendant violated a condition of his or her probation

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1		restricting contact with the victim or other family members or
2		commits another offense with the victim or other family
3		members, the court shall revoke the defendant's probation and
4		impose a term of imprisonment.
5		For the purposes of this Section, "family member" and
6		"victim" shall have the meanings ascribed to them in Section
7		11-0.1 of the Criminal Code of 2012.
8		(f) (Blank).
9		(g) Whenever a defendant is convicted of an offense under
10		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11		11-14.3, 11-14.4 except for an offense that involves keeping a
12		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
13		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
14		12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
15		Criminal Code of 2012, the defendant shall undergo medical
16		testing to determine whether the defendant has any sexually
17		transmissible disease, including a test for infection with
18		human immunodeficiency virus (HIV) or any other identified
19		causative agent of acquired immunodeficiency syndrome (AIDS).
20		Any such medical test shall be performed only by appropriately
21		licensed medical practitioners and may include an analysis of
22		any bodily fluids as well as an examination of the defendant's
23		person. Except as otherwise provided by law, the results of
24		such test shall be kept strictly confidential by all medical
25		personnel involved in the testing and must be personally
26		delivered in a sealed envelope to the judge of the court in

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1		which the conviction was entered for the judge's inspection in
2		camera. Acting in accordance with the best interests of the
3		victim and the public, the judge shall have the discretion to
4		determine to whom, if anyone, the results of the testing may be
5		revealed. The court shall notify the defendant of the test
6		results. The court shall also notify the victim if requested by
7		the victim, and if the victim is under the age of 15 and if
8		requested by the victim's parents or legal guardian, the court
9		shall notify the victim's parents or legal guardian of the test
10		results. The court shall provide information on the
11		availability of HIV testing and counseling at Department of
12		Public Health facilities to all parties to whom the results of
13		the testing are revealed and shall direct the State's Attorney
14		to provide the information to the victim when possible. A
15		State's Attorney may petition the court to obtain the results
16		of any HIV test administered under this Section, and the court
17		shall grant the disclosure if the State's Attorney shows it is
18		relevant in order to prosecute a charge of criminal
19		transmission of HIV under Section 12-5.01 or 12-16.2 of the
20		Criminal Code of 1961 or the Criminal Code of 2012 against the
21		defendant. The court shall order that the cost of any such test
22		shall be paid by the county and may be taxed as costs against
23		the convicted defendant.
24		(g-5) When an inmate is tested for an airborne communicable
25		disease, as determined by the Illinois Department of Public
26		Health including but not limited to tuberculosis, the results

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

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1		the State's Attorney to provide the information to the victim
2		when possible. A State's Attorney may petition the court to
3		obtain the results of any HIV test administered under this
4		Section, and the court shall grant the disclosure if the
5		State's Attorney shows it is relevant in order to prosecute a
6		charge of criminal transmission of HIV under Section 12-5.01 or
7		12-16.2 of the Criminal Code of 1961 or the Criminal Code of
8		2012 against the defendant. The court shall order that the cost
9		of any such test shall be paid by the county and may be taxed as
10		costs against the convicted defendant.
11		(i) All fines and penalties imposed under this Section for
12		any violation of Chapters 3, 4, 6, and 11 of the Illinois
13		Vehicle Code, or a similar provision of a local ordinance, and
14		any violation of the Child Passenger Protection Act, or a
15		similar provision of a local ordinance, shall be collected and
16		disbursed by the circuit clerk as provided under Section 27.5
17		of the Clerks of Courts Act.
18		(j) In cases when prosecution for any violation of Section
19		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
20		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
21		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
22		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
23		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
24		Code of 2012, any violation of the Illinois Controlled
25		Substances Act, any violation of the Cannabis Control Act, or
26		any violation of the Methamphetamine Control and Community

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

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

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

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

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1		of 1961 or the Criminal Code of 2012 (i) to an impact
2		incarceration program if the person is otherwise eligible for
3		that program under Section 5-8-1.1, (ii) to community service,
4		or (iii) if the person is an addict or alcoholic, as defined in
5		the Alcoholism and Other Drug Abuse and Dependency Act, to a
6		substance or alcohol abuse program licensed under that Act.
7		(o) Whenever a person is convicted of a sex offense as
8		defined in Section 2 of the Sex Offender Registration Act, the
9		defendant's driver's license or permit shall be subject to
10		renewal on an annual basis in accordance with the provisions of
11		license renewal established by the Secretary of State.
12		(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
13		99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
14		1-1-18.)
15		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
16		Sec. 5-6-3. Conditions of probation and of conditional
17		discharge.
18		(a) The conditions of probation and of conditional
19		discharge shall be that the person:
20		(1) not violate any criminal statute of any
21		jurisdiction;
22		(2) report to or appear in person before such person or
23		agency as directed by the court;
24		(3) refrain from possessing a firearm or other
25		dangerous weapon where the offense is a felony or, if a

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1		misdemeanor, the offense involved the intentional or
2		knowing infliction of bodily harm or threat of bodily harm;
3		(4) not leave the State without the consent of the
4		court or, in circumstances in which the reason for the
5		absence is of such an emergency nature that prior consent
6		by the court is not possible, without the prior
7		notification and approval of the person's probation
8		officer. Transfer of a person's probation or conditional
9		discharge supervision to another state is subject to
10		acceptance by the other state pursuant to the Interstate
11		Compact for Adult Offender Supervision;
12		(5) permit the probation officer to visit him at his
13		home or elsewhere to the extent necessary to discharge his
14		duties;
15		(6) perform no less than 30 hours of community service
16		and not more than 120 hours of community service, if
17		community service is available in the jurisdiction and is
18		funded and approved by the county board where the offense
19		was committed, where the offense was related to or in
20		furtherance of the criminal activities of an organized gang
21		and was motivated by the offender's membership in or
22		allegiance to an organized gang. The community service
23		shall include, but not be limited to, the cleanup and
24		repair of any damage caused by a violation of Section
25		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
26		2012 and similar damage to property located within the

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1		municipality or county in which the violation occurred.
2		When possible and reasonable, the community service should
3		be performed in the offender's neighborhood. For purposes
4		of this Section, "organized gang" has the meaning ascribed
5		to it in Section 10 of the Illinois Streetgang Terrorism
6		Omnibus Prevention Act. The court may give credit toward
7		the fulfillment of community service hours for
8		participation in activities and treatment as determined by
9		court services;
10		(7) if he or she is at least 17 years of age and has
11		been sentenced to probation or conditional discharge for a
12		misdemeanor or felony in a county of 3,000,000 or more
13		inhabitants and has not been previously convicted of a
14		misdemeanor or felony, may be required by the sentencing
15		court to attend educational courses designed to prepare the
16		defendant for a high school diploma and to work toward a
17		high school diploma or to work toward passing high school
18		equivalency testing or to work toward completing a
19		vocational training program approved by the court. The
20		person on probation or conditional discharge must attend a
21		public institution of education to obtain the educational
22		or vocational training required by this paragraph clause
23		(7). The court shall revoke the probation or conditional
24		discharge of a person who wilfully fails to comply with
25		this paragraph clause (7). The person on probation or
26		conditional discharge shall be required to pay for the cost

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1		of the educational courses or high school equivalency
2		testing if a fee is charged for those courses or testing.
3		The court shall resentence the offender whose probation or
4		conditional discharge has been revoked as provided in
5		Section 5-6-4. This paragraph clause (7) does not apply to
6		a person who has a high school diploma or has successfully
7		passed high school equivalency testing. This paragraph
8		clause (7) does not apply to a person who is determined by
9		the court to be a person with a developmental disability or
10		otherwise mentally incapable of completing the educational
11		or vocational program;
12		(8) if convicted of possession of a substance
13		prohibited by the Cannabis Control Act, the Illinois
14		Controlled Substances Act, or the Methamphetamine Control
15		and Community Protection Act after a previous conviction or
16		disposition of supervision for possession of a substance
17		prohibited by the Cannabis Control Act or Illinois
18		Controlled Substances Act or after a sentence of probation
19		under Section 10 of the Cannabis Control Act, Section 410
20		of the Illinois Controlled Substances Act, or Section 70 of
21		the Methamphetamine Control and Community Protection Act
22		and upon a finding by the court that the person is
23		addicted, undergo treatment at a substance abuse program
24		approved by the court;
25		(8.5) if convicted of a felony sex offense as defined
26		in the Sex Offender Management Board Act, the person shall

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1		undergo and successfully complete sex offender treatment
2		by a treatment provider approved by the Board and conducted
3		in conformance with the standards developed under the Sex
4		Offender Management Board Act;
5		(8.6) if convicted of a sex offense as defined in the
6		Sex Offender Management Board Act, refrain from residing at
7		the same address or in the same condominium unit or
8		apartment unit or in the same condominium complex or
9		apartment complex with another person he or she knows or
10		reasonably should know is a convicted sex offender or has
11		been placed on supervision for a sex offense; the
12		provisions of this paragraph do not apply to a person
13		convicted of a sex offense who is placed in a Department of
14		Corrections licensed transitional housing facility for sex
15		offenders;
16		(8.7) if convicted for an offense committed on or after
17		June 1, 2008 (the effective date of Public Act 95-464) that
18		would qualify the accused as a child sex offender as
19		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
20		1961 or the Criminal Code of 2012, refrain from
21		communicating with or contacting, by means of the Internet,
22		a person who is not related to the accused and whom the
23		accused reasonably believes to be under 18 years of age;
24		for purposes of this paragraph (8.7), "Internet" has the
25		meaning ascribed to it in Section 16-0.1 of the Criminal
26		Code of 2012; and a person is not related to the accused if

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1		the person is not: (i) the spouse, brother, or sister of
2		the accused; (ii) a descendant of the accused; (iii) a
3		first or second cousin of the accused; or (iv) a step-child
4		or adopted child of the accused;
5		(8.8) if convicted for an offense under Section 11-6,
6		11-9.1, 11-14.4 that involves soliciting for a juvenile
7		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8		of the Criminal Code of 1961 or the Criminal Code of 2012,
9		or any attempt to commit any of these offenses, committed
10		on or after June 1, 2009 (the effective date of Public Act
11		95-983):
12		(i) not access or use a computer or any other
13		device with Internet capability without the prior
14		written approval of the offender's probation officer,
15		except in connection with the offender's employment or
16		search for employment with the prior approval of the
17		offender's probation officer;
18		(ii) submit to periodic unannounced examinations
19		of the offender's computer or any other device with
20		Internet capability by the offender's probation
21		officer, a law enforcement officer, or assigned
22		computer or information technology specialist,
23		including the retrieval and copying of all data from
24		the computer or device and any internal or external
25		peripherals and removal of such information,
26		equipment, or device to conduct a more thorough

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1		inspection;
2		(iii) submit to the installation on the offender's
3		computer or device with Internet capability, at the
4		offender's expense, of one or more hardware or software
5		systems to monitor the Internet use; and
6		(iv) submit to any other appropriate restrictions
7		concerning the offender's use of or access to a
8		computer or any other device with Internet capability
9		imposed by the offender's probation officer;
10		(8.9) if convicted of a sex offense as defined in the
11		Sex Offender Registration Act committed on or after January
12		1, 2010 (the effective date of Public Act 96-262), refrain
13		from accessing or using a social networking website as
14		defined in Section 17-0.5 of the Criminal Code of 2012;
15		(9) if convicted of a felony or of any misdemeanor
16		violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
17		12-3.5 of the Criminal Code of 1961 or the Criminal Code of
18		2012 that was determined, pursuant to Section 112A-11.1 of
19		the Code of Criminal Procedure of 1963, to trigger the
20		prohibitions of 18 U.S.C. 922(g)(9), physically surrender
21		at a time and place designated by the court, his or her
22		Firearm Owner's Identification Card and any and all
23		firearms in his or her possession. The Court shall return
24		to the Department of State Police Firearm Owner's
25		Identification Card Office the person's Firearm Owner's
26		Identification Card;

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1		(10) if convicted of a sex offense as defined in
2		subsection (a-5) of Section 3-1-2 of this Code, unless the
3		offender is a parent or guardian of the person under 18
4		years of age present in the home and no non-familial minors
5		are present, not participate in a holiday event involving
6		children under 18 years of age, such as distributing candy
7		or other items to children on Halloween, wearing a Santa
8		Claus costume on or preceding Christmas, being employed as
9		a department store Santa Claus, or wearing an Easter Bunny
10		costume on or preceding Easter;
11		(11) if convicted of a sex offense as defined in
12		Section 2 of the Sex Offender Registration Act committed on
13		or after January 1, 2010 (the effective date of Public Act
14		96-362) that requires the person to register as a sex
15		offender under that Act, may not knowingly use any computer
16		scrub software on any computer that the sex offender uses;
17		(12) if convicted of a violation of the Methamphetamine
18		Control and Community Protection Act, the Methamphetamine
19		Precursor Control Act, or a methamphetamine related
20		offense:
21		(A) prohibited from purchasing, possessing, or
22		having under his or her control any product containing
23		pseudoephedrine unless prescribed by a physician; and
24		(B) prohibited from purchasing, possessing, or
25		having under his or her control any product containing
26		ammonium nitrate; and

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1		(13) if convicted of a hate crime involving the
2		protected class identified in subsection (a) of Section
3		12-7.1 of the Criminal Code of 2012 that gave rise to the
4		offense the offender committed, perform public or
5		community service of no less than 200 hours and enroll in
6		an educational program discouraging hate crimes that
7		includes racial, ethnic, and cultural sensitivity training
8		ordered by the court.
9		(b) The Court may in addition to other reasonable
10		conditions relating to the nature of the offense or the
11		rehabilitation of the defendant as determined for each
12		defendant in the proper discretion of the Court require that
13		the person:
14		(1) serve a term of periodic imprisonment under Article
15		7 for a period not to exceed that specified in paragraph
16		(d) of Section 5-7-1;
17		(2) pay a fine and costs;
18		(3) work or pursue a course of study or vocational
19		training;
20		(4) undergo medical, psychological or psychiatric
21		treatment; or treatment for drug addiction or alcoholism;
22		(5) attend or reside in a facility established for the
23		instruction or residence of defendants on probation;
24		(6) support his dependents;
25		(7) and in addition, if a minor:
26		(i) reside with his parents or in a foster home;

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1		(ii) attend school;
2		(iii) attend a non-residential program for youth;
3		(iv) contribute to his own support at home or in a
4		foster home;
5		(v) with the consent of the superintendent of the
6		facility, attend an educational program at a facility
7		other than the school in which the offense was
8		committed if he or she is convicted of a crime of
9		violence as defined in Section 2 of the Crime Victims
10		Compensation Act committed in a school, on the real
11		property comprising a school, or within 1,000 feet of
12		the real property comprising a school;
13		(8) make restitution as provided in Section 5-5-6 of
14		this Code;
15		(9) perform some reasonable public or community
16		service;
17		(10) serve a term of home confinement. In addition to
18		any other applicable condition of probation or conditional
19		discharge, the conditions of home confinement shall be that
20		the offender:
21		(i) remain within the interior premises of the
22		place designated for his confinement during the hours
23		designated by the court;
24		(ii) admit any person or agent designated by the
25		court into the offender's place of confinement at any
26		time for purposes of verifying the offender's

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1		compliance with the conditions of his confinement; and
2		(iii) if further deemed necessary by the court or
3		the Probation or Court Services Department, be placed
4		on an approved electronic monitoring device, subject
5		to Article 8A of Chapter V;
6		(iv) for persons convicted of any alcohol,
7		cannabis or controlled substance violation who are
8		placed on an approved monitoring device as a condition
9		of probation or conditional discharge, the court shall
10		impose a reasonable fee for each day of the use of the
11		device, as established by the county board in
12		subsection (g) of this Section, unless after
13		determining the inability of the offender to pay the
14		fee, the court assesses a lesser fee or no fee as the
15		case may be. This fee shall be imposed in addition to
16		the fees imposed under subsections (g) and (i) of this
17		Section. The fee shall be collected by the clerk of the
18		circuit court, except as provided in an administrative
19		order of the Chief Judge of the circuit court. The
20		clerk of the circuit court shall pay all monies
21		collected from this fee to the county treasurer for
22		deposit in the substance abuse services fund under
23		Section 5-1086.1 of the Counties Code, except as
24		provided in an administrative order of the Chief Judge
25		of the circuit court.
26		The Chief Judge of the circuit court of the county

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1		may by administrative order establish a program for
2		electronic monitoring of offenders, in which a vendor
3		supplies and monitors the operation of the electronic
4		monitoring device, and collects the fees on behalf of
5		the county. The program shall include provisions for
6		indigent offenders and the collection of unpaid fees.
7		The program shall not unduly burden the offender and
8		shall be subject to review by the Chief Judge.
9		The Chief Judge of the circuit court may suspend
10		any additional charges or fees for late payment,
11		interest, or damage to any device; and
12		(v) for persons convicted of offenses other than
13		those referenced in clause (iv) above and who are
14		placed on an approved monitoring device as a condition
15		of probation or conditional discharge, the court shall
16		impose a reasonable fee for each day of the use of the
17		device, as established by the county board in
18		subsection (g) of this Section, unless after
19		determining the inability of the defendant to pay the
20		fee, the court assesses a lesser fee or no fee as the
21		case may be. This fee shall be imposed in addition to
22		the fees imposed under subsections (g) and (i) of this
23		Section. The fee shall be collected by the clerk of the
24		circuit court, except as provided in an administrative
25		order of the Chief Judge of the circuit court. The
26		clerk of the circuit court shall pay all monies

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1		collected from this fee to the county treasurer who
2		shall use the monies collected to defray the costs of
3		corrections. The county treasurer shall deposit the
4		fee collected in the probation and court services fund.
5		The Chief Judge of the circuit court of the county may
6		by administrative order establish a program for
7		electronic monitoring of offenders, in which a vendor
8		supplies and monitors the operation of the electronic
9		monitoring device, and collects the fees on behalf of
10		the county. The program shall include provisions for
11		indigent offenders and the collection of unpaid fees.
12		The program shall not unduly burden the offender and
13		shall be subject to review by the Chief Judge.
14		The Chief Judge of the circuit court may suspend
15		any additional charges or fees for late payment,
16		interest, or damage to any device.
17		(11) comply with the terms and conditions of an order
18		of protection issued by the court pursuant to the Illinois
19		Domestic Violence Act of 1986, as now or hereafter amended,
20		or an order of protection issued by the court of another
21		state, tribe, or United States territory. A copy of the
22		order of protection shall be transmitted to the probation
23		officer or agency having responsibility for the case;
24		(12) reimburse any "local anti-crime program" as
25		defined in Section 7 of the Anti-Crime Advisory Council Act
26		for any reasonable expenses incurred by the program on the

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1		offender's case, not to exceed the maximum amount of the
2		fine authorized for the offense for which the defendant was
3		sentenced;
4		(13) contribute a reasonable sum of money, not to
5		exceed the maximum amount of the fine authorized for the
6		offense for which the defendant was sentenced, (i) to a
7		"local anti-crime program", as defined in Section 7 of the
8		Anti-Crime Advisory Council Act, or (ii) for offenses under
9		the jurisdiction of the Department of Natural Resources, to
10		the fund established by the Department of Natural Resources
11		for the purchase of evidence for investigation purposes and
12		to conduct investigations as outlined in Section 805-105 of
13		the Department of Natural Resources (Conservation) Law;
14		(14) refrain from entering into a designated
15		geographic area except upon such terms as the court finds
16		appropriate. Such terms may include consideration of the
17		purpose of the entry, the time of day, other persons
18		accompanying the defendant, and advance approval by a
19		probation officer, if the defendant has been placed on
20		probation or advance approval by the court, if the
21		defendant was placed on conditional discharge;
22		(15) refrain from having any contact, directly or
23		indirectly, with certain specified persons or particular
24		types of persons, including but not limited to members of
25		street gangs and drug users or dealers;
26		(16) refrain from having in his or her body the

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1		presence of any illicit drug prohibited by the Cannabis
2		Control Act, the Illinois Controlled Substances Act, or the
3		Methamphetamine Control and Community Protection Act,
4		unless prescribed by a physician, and submit samples of his
5		or her blood or urine or both for tests to determine the
6		presence of any illicit drug;
7		(17) if convicted for an offense committed on or after
8		June 1, 2008 (the effective date of Public Act 95-464) that
9		would qualify the accused as a child sex offender as
10		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
11		1961 or the Criminal Code of 2012, refrain from
12		communicating with or contacting, by means of the Internet,
13		a person who is related to the accused and whom the accused
14		reasonably believes to be under 18 years of age; for
15		purposes of this paragraph (17), "Internet" has the meaning
16		ascribed to it in Section 16-0.1 of the Criminal Code of
17		2012; and a person is related to the accused if the person
18		is: (i) the spouse, brother, or sister of the accused; (ii)
19		a descendant of the accused; (iii) a first or second cousin
20		of the accused; or (iv) a step-child or adopted child of
21		the accused;
22		(18) if convicted for an offense committed on or after
23		June 1, 2009 (the effective date of Public Act 95-983) that
24		would qualify as a sex offense as defined in the Sex
25		Offender Registration Act:
26		(i) not access or use a computer or any other

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1		device with Internet capability without the prior
2		written approval of the offender's probation officer,
3		except in connection with the offender's employment or
4		search for employment with the prior approval of the
5		offender's probation officer;
6		(ii) submit to periodic unannounced examinations
7		of the offender's computer or any other device with
8		Internet capability by the offender's probation
9		officer, a law enforcement officer, or assigned
10		computer or information technology specialist,
11		including the retrieval and copying of all data from
12		the computer or device and any internal or external
13		peripherals and removal of such information,
14		equipment, or device to conduct a more thorough
15		inspection;
16		(iii) submit to the installation on the offender's
17		computer or device with Internet capability, at the
18		subject's expense, of one or more hardware or software
19		systems to monitor the Internet use; and
20		(iv) submit to any other appropriate restrictions
21		concerning the offender's use of or access to a
22		computer or any other device with Internet capability
23		imposed by the offender's probation officer; and
24		(19) refrain from possessing a firearm or other
25		dangerous weapon where the offense is a misdemeanor that
26		did not involve the intentional or knowing infliction of

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1		bodily harm or threat of bodily harm.
2		(c) The court may as a condition of probation or of
3		conditional discharge require that a person under 18 years of
4		age found guilty of any alcohol, cannabis or controlled
5		substance violation, refrain from acquiring a driver's license
6		during the period of probation or conditional discharge. If
7		such person is in possession of a permit or license, the court
8		may require that the minor refrain from driving or operating
9		any motor vehicle during the period of probation or conditional
10		discharge, except as may be necessary in the course of the
11		minor's lawful employment.
12		(d) An offender sentenced to probation or to conditional
13		discharge shall be given a certificate setting forth the
14		conditions thereof.
15		(e) Except where the offender has committed a fourth or
16		subsequent violation of subsection (c) of Section 6-303 of the
17		Illinois Vehicle Code, the court shall not require as a
18		condition of the sentence of probation or conditional discharge
19		that the offender be committed to a period of imprisonment in
20		excess of 6 months. This 6-month 6 month limit shall not
21		include periods of confinement given pursuant to a sentence of
22		county impact incarceration under Section 5-8-1.2.
23		Persons committed to imprisonment as a condition of
24		probation or conditional discharge shall not be committed to
25		the Department of Corrections.
26		(f) The court may combine a sentence of periodic

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1		imprisonment under Article 7 or a sentence to a county impact
2		incarceration program under Article 8 with a sentence of
3		probation or conditional discharge.
4		(g) An offender sentenced to probation or to conditional
5		discharge and who during the term of either undergoes mandatory
6		drug or alcohol testing, or both, or is assigned to be placed
7		on an approved electronic monitoring device, shall be ordered
8		to pay all costs incidental to such mandatory drug or alcohol
9		testing, or both, and all costs incidental to such approved
10		electronic monitoring in accordance with the defendant's
11		ability to pay those costs. The county board with the
12		concurrence of the Chief Judge of the judicial circuit in which
13		the county is located shall establish reasonable fees for the
14		cost of maintenance, testing, and incidental expenses related
15		to the mandatory drug or alcohol testing, or both, and all
16		costs incidental to approved electronic monitoring, involved
17		in a successful probation program for the county. The
18		concurrence of the Chief Judge shall be in the form of an
19		administrative order. The fees shall be collected by the clerk
20		of the circuit court, except as provided in an administrative
21		order of the Chief Judge of the circuit court. The clerk of the
22		circuit court shall pay all moneys collected from these fees to
23		the county treasurer who shall use the moneys collected to
24		defray the costs of drug testing, alcohol testing, and
25		electronic monitoring. The county treasurer shall deposit the
26		fees collected in the county working cash fund under Section

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1		6-27001 or Section 6-29002 of the Counties Code, as the case
2		may be. The Chief Judge of the circuit court of the county may
3		by administrative order establish a program for electronic
4		monitoring of offenders, in which a vendor supplies and
5		monitors the operation of the electronic monitoring device, and
6		collects the fees on behalf of the county. The program shall
7		include provisions for indigent offenders and the collection of
8		unpaid fees. The program shall not unduly burden the offender
9		and shall be subject to review by the Chief Judge.
10		The Chief Judge of the circuit court may suspend any
11		additional charges or fees for late payment, interest, or
12		damage to any device.
13		(h) Jurisdiction over an offender may be transferred from
14		the sentencing court to the court of another circuit with the
15		concurrence of both courts. Further transfers or retransfers of
16		jurisdiction are also authorized in the same manner. The court
17		to which jurisdiction has been transferred shall have the same
18		powers as the sentencing court. The probation department within
19		the circuit to which jurisdiction has been transferred, or
20		which has agreed to provide supervision, may impose probation
21		fees upon receiving the transferred offender, as provided in
22		subsection (i). For all transfer cases, as defined in Section
23		9b of the Probation and Probation Officers Act, the probation
24		department from the original sentencing court shall retain all
25		probation fees collected prior to the transfer. After the
26		transfer, all probation fees shall be paid to the probation

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1		department within the circuit to which jurisdiction has been
2		transferred.
3		(i) The court shall impose upon an offender sentenced to
4		probation after January 1, 1989 or to conditional discharge
5		after January 1, 1992 or to community service under the
6		supervision of a probation or court services department after
7		January 1, 2004, as a condition of such probation or
8		conditional discharge or supervised community service, a fee of
9		$50 for each month of probation or conditional discharge
10		supervision or supervised community service ordered by the
11		court, unless after determining the inability of the person
12		sentenced to probation or conditional discharge or supervised
13		community service to pay the fee, the court assesses a lesser
14		fee. The court may not impose the fee on a minor who is placed
15		in the guardianship or custody of the Department of Children
16		and Family Services under the Juvenile Court Act of 1987 while
17		the minor is in placement. The fee shall be imposed only upon
18		an offender who is actively supervised by the probation and
19		court services department. The fee shall be collected by the
20		clerk of the circuit court. The clerk of the circuit court
21		shall pay all monies collected from this fee to the county
22		treasurer for deposit in the probation and court services fund
23		under Section 15.1 of the Probation and Probation Officers Act.
24		A circuit court may not impose a probation fee under this
25		subsection (i) in excess of $25 per month unless the circuit
26		court has adopted, by administrative order issued by the chief

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1		judge, a standard probation fee guide determining an offender's
2		ability to pay Of the amount collected as a probation fee, up
3		to $5 of that fee collected per month may be used to provide
4		services to crime victims and their families.
5		The Court may only waive probation fees based on an
6		offender's ability to pay. The probation department may
7		re-evaluate an offender's ability to pay every 6 months, and,
8		with the approval of the Director of Court Services or the
9		Chief Probation Officer, adjust the monthly fee amount. An
10		offender may elect to pay probation fees due in a lump sum. Any
11		offender that has been assigned to the supervision of a
12		probation department, or has been transferred either under
13		subsection (h) of this Section or under any interstate compact,
14		shall be required to pay probation fees to the department
15		supervising the offender, based on the offender's ability to
16		pay.
17		Public Act 93-970 This amendatory Act of the 93rd General
18		Assembly deletes the $10 increase in the fee under this
19		subsection that was imposed by Public Act 93-616. This deletion
20		is intended to control over any other Act of the 93rd General
21		Assembly that retains or incorporates that fee increase.
22		(i-5) In addition to the fees imposed under subsection (i)
23		of this Section, in the case of an offender convicted of a
24		felony sex offense (as defined in the Sex Offender Management
25		Board Act) or an offense that the court or probation department
26		has determined to be sexually motivated (as defined in the Sex

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1		Offender Management Board Act), the court or the probation
2		department shall assess additional fees to pay for all costs of
3		treatment, assessment, evaluation for risk and treatment, and
4		monitoring the offender, based on that offender's ability to
5		pay those costs either as they occur or under a payment plan.
6		(j) All fines and costs imposed under this Section for any
7		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
8		Code, or a similar provision of a local ordinance, and any
9		violation of the Child Passenger Protection Act, or a similar
10		provision of a local ordinance, shall be collected and
11		disbursed by the circuit clerk as provided under Section 27.5
12		of the Clerks of Courts Act.
13		(k) Any offender who is sentenced to probation or
14		conditional discharge for a felony sex offense as defined in
15		the Sex Offender Management Board Act or any offense that the
16		court or probation department has determined to be sexually
17		motivated as defined in the Sex Offender Management Board Act
18		shall be required to refrain from any contact, directly or
19		indirectly, with any persons specified by the court and shall
20		be available for all evaluations and treatment programs
21		required by the court or the probation department.
22		(l) The court may order an offender who is sentenced to
23		probation or conditional discharge for a violation of an order
24		of protection be placed under electronic surveillance as
25		provided in Section 5-8A-7 of this Code.
26		(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

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1		100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)
2		(730 ILCS 5/5-6-3.3)
3		(Text of Section before amendment by P.A. 100-3)
4		Sec. 5-6-3.3. Offender Initiative Program.
5		(a) Statement of purpose. The General Assembly seeks to
6		continue other successful programs that promote public safety,
7		conserve valuable resources, and reduce recidivism by
8		defendants who can lead productive lives by creating the
9		Offender Initiative Program.
10		(a-1) Whenever any person who has not previously been
11		convicted of, or placed on probation or conditional discharge
12		for, any felony offense under the laws of this State, the laws
13		of any other state, or the laws of the United States, is
14		arrested for and charged with a probationable felony offense of
15		theft, retail theft, forgery, possession of a stolen motor
16		vehicle, burglary, possession of burglary tools, possession of
17		cannabis, possession of a controlled substance, or possession
18		of methamphetamine, the court, with the consent of the
19		defendant and the State's Attorney, may continue this matter to
20		allow a defendant to participate and complete the Offender
21		Initiative Program.
22		(a-2) Exemptions. A defendant shall not be eligible for
23		this Program if the offense he or she has been arrested for and
24		charged with is a violent offense. For purposes of this
25		Program, a "violent offense" is any offense where bodily harm

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1		was inflicted or where force was used against any person or
2		threatened against any person, any offense involving sexual
3		conduct, sexual penetration, or sexual exploitation, any
4		offense of domestic violence, domestic battery, violation of an
5		order of protection, stalking, hate crime, driving under the
6		influence of drugs or alcohol, and any offense involving the
7		possession of a firearm or dangerous weapon. A defendant shall
8		not be eligible for this Program if he or she has previously
9		been adjudicated a delinquent minor for the commission of a
10		violent offense as defined in this subsection.
11		(b) When a defendant is placed in the Program, after both
12		the defendant and State's Attorney waive preliminary hearing
13		pursuant to Section 109-3 of the Code of Criminal Procedure of
14		1963, the court shall enter an order specifying that the
15		proceedings shall be suspended while the defendant is
16		participating in a Program of not less 12 months.
17		(c) The conditions of the Program shall be that the
18		defendant:
19		(1) not violate any criminal statute of this State or
20		any other jurisdiction;
21		(2) refrain from possessing a firearm or other
22		dangerous weapon;
23		(3) make full restitution to the victim or property
24		owner pursuant to Section 5-5-6 of this Code;
25		(4) obtain employment or perform not less than 30 hours
26		of community service, provided community service is

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1		available in the county and is funded and approved by the
2		county board; and
3		(5) attend educational courses designed to prepare the
4		defendant for obtaining a high school diploma or to work
5		toward passing high school equivalency testing or to work
6		toward completing a vocational training program.
7		(c-1) The court may give credit toward the fulfillment of
8		community service hours for participation in activities and
9		treatment as determined by court services.
10		(d) The court may, in addition to other conditions, require
11		that the defendant:
12		(1) undergo medical or psychiatric treatment, or
13		treatment or rehabilitation approved by the Illinois
14		Department of Human Services;
15		(2) refrain from having in his or her body the presence
16		of any illicit drug prohibited by the Methamphetamine
17		Control and Community Protection Act, the Cannabis Control
18		Act or the Illinois Controlled Substances Act, unless
19		prescribed by a physician, and submit samples of his or her
20		blood or urine or both for tests to determine the presence
21		of any illicit drug;
22		(3) submit to periodic drug testing at a time, manner,
23		and frequency as ordered by the court;
24		(4) pay fines, fees and costs; and
25		(5) in addition, if a minor:
26		(i) reside with his or her parents or in a foster

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

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1		evaluate the person's likelihood of successfully fulfilling
2		the terms and conditions of the Program under this Section and
3		shall report the results of its evaluation to the court. If the
4		drug court team finds that the person suffers from a substance
5		abuse problem that makes him or her substantially unlikely to
6		successfully fulfill the terms and conditions of the Program,
7		then the drug court shall set forth its findings in the form of
8		a written order, and the person shall be ineligible to
9		participate in the Program under this Section, but may be
10		considered for the drug court program.
11		(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
12		(Text of Section after amendment by P.A. 100-3)
13		Sec. 5-6-3.3. Offender Initiative Program.
14		(a) Statement of purpose. The General Assembly seeks to
15		continue other successful programs that promote public safety,
16		conserve valuable resources, and reduce recidivism by
17		defendants who can lead productive lives by creating the
18		Offender Initiative Program.
19		(a-1) Whenever any person who has not previously been
20		convicted of any felony offense under the laws of this State,
21		the laws of any other state, or the laws of the United States,
22		is arrested for and charged with a probationable felony offense
23		of theft, retail theft, forgery, possession of a stolen motor
24		vehicle, burglary, possession of burglary tools, deceptive
25		practices, disorderly conduct, criminal damage or trespass to

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1		property under Article 21 of the Criminal Code of 2012,
2		criminal trespass to a residence, obstructing justice, or an
3		offense involving fraudulent identification, or possession of
4		cannabis, possession of a controlled substance, or possession
5		of methamphetamine, the court, with the consent of the
6		defendant and the State's Attorney, may continue this matter to
7		allow a defendant to participate and complete the Offender
8		Initiative Program.
9		(a-2) Exemptions. A defendant shall not be eligible for
10		this Program if the offense he or she has been arrested for and
11		charged with is a violent offense. For purposes of this
12		Program, a "violent offense" is any offense where bodily harm
13		was inflicted or where force was used against any person or
14		threatened against any person, any offense involving sexual
15		conduct, sexual penetration, or sexual exploitation, any
16		offense of domestic violence, domestic battery, violation of an
17		order of protection, stalking, hate crime, and any offense
18		involving the possession of a firearm or dangerous weapon. A
19		defendant shall not be eligible for this Program if he or she
20		has previously been adjudicated a delinquent minor for the
21		commission of a violent offense as defined in this subsection.
22		(b) When a defendant is placed in the Program, after both
23		the defendant and State's Attorney waive preliminary hearing
24		pursuant to Section 109-3 of the Code of Criminal Procedure of
25		1963, the court shall enter an order specifying that the
26		proceedings shall be suspended while the defendant is

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1		participating in a Program of not less 12 months.
2		(c) The conditions of the Program shall be that the
3		defendant:
4		(1) not violate any criminal statute of this State or
5		any other jurisdiction;
6		(2) refrain from possessing a firearm or other
7		dangerous weapon;
8		(3) make full restitution to the victim or property
9		owner pursuant to Section 5-5-6 of this Code;
10		(4) obtain employment or perform not less than 30 hours
11		of community service, provided community service is
12		available in the county and is funded and approved by the
13		county board; and
14		(5) attend educational courses designed to prepare the
15		defendant for obtaining a high school diploma or to work
16		toward passing high school equivalency testing or to work
17		toward completing a vocational training program.
18		(c-1) The court may give credit toward the fulfillment of
19		community service hours for participation in activities and
20		treatment as determined by court services.
21		(d) The court may, in addition to other conditions, require
22		that the defendant:
23		(1) undergo medical or psychiatric treatment, or
24		treatment or rehabilitation approved by the Illinois
25		Department of Human Services;
26		(2) refrain from having in his or her body the presence

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1		of any illicit drug prohibited by the Methamphetamine
2		Control and Community Protection Act, the Cannabis Control
3		Act or the Illinois Controlled Substances Act, unless
4		prescribed by a physician, and submit samples of his or her
5		blood or urine or both for tests to determine the presence
6		of any illicit drug;
7		(3) submit to periodic drug testing at a time, manner,
8		and frequency as ordered by the court;
9		(4) pay fines, fees and costs; and
10		(5) in addition, if a minor:
11		(i) reside with his or her parents or in a foster
12		home;
13		(ii) attend school;
14		(iii) attend a non-residential program for youth;
15		or
16		(iv) contribute to his or her own support at home
17		or in a foster home.
18		(e) When the State's Attorney makes a factually specific
19		offer of proof that the defendant has failed to successfully
20		complete the Program or has violated any of the conditions of
21		the Program, the court shall enter an order that the defendant
22		has not successfully completed the Program and continue the
23		case for arraignment pursuant to Section 113-1 of the Code of
24		Criminal Procedure of 1963 for further proceedings as if the
25		defendant had not participated in the Program.
26		(f) Upon fulfillment of the terms and conditions of the

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1		Program, the State's Attorney shall dismiss the case or the
2		court shall discharge the person and dismiss the proceedings
3		against the person.
4		(g) A person may only have one discharge and dismissal
5		under this Section within a 4-year period.
6		(h) Notwithstanding subsection (a-1), if the court finds
7		that the defendant suffers from a substance abuse problem, then
8		before the person participates in the Program under this
9		Section, the court may refer the person to the drug court
10		established in that judicial circuit pursuant to Section 15 of
11		the Drug Court Treatment Act. The drug court team shall
12		evaluate the person's likelihood of successfully fulfilling
13		the terms and conditions of the Program under this Section and
14		shall report the results of its evaluation to the court. If the
15		drug court team finds that the person suffers from a substance
16		abuse problem that makes him or her substantially unlikely to
17		successfully fulfill the terms and conditions of the Program,
18		then the drug court shall set forth its findings in the form of
19		a written order, and the person shall be ineligible to
20		participate in the Program under this Section, but shall be
21		considered for the drug court program.
22		(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
23		(730 ILCS 5/5-6-3.4)
24		(Text of Section before amendment by P.A. 100-3)
25		Sec. 5-6-3.4. Second Chance Probation.

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1		(a) Whenever any person who has not previously been
2		convicted of, or placed on probation or conditional discharge
3		for, any felony offense under the laws of this State, the laws
4		of any other state, or the laws of the United States, including
5		probation under Section 410 of the Illinois Controlled
6		Substances Act, Section 70 of the Methamphetamine Control and
7		Community Protection Act, Section 10 of the Cannabis Control
8		Act, subsection (c) of Section 11-14 of the Criminal Code of
9		2012, Treatment Alternatives for Criminal Justice Clients
10		(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
11		and Dependency Act, or prior successful completion of the
12		Offender Initiative Program under Section 5-6-3.3 of this Code,
13		and pleads guilty to, or is found guilty of, a probationable
14		felony offense of possession of a controlled substance that is
15		punishable as a Class 4 felony; possession of methamphetamine
16		that is punishable as a Class 4 felony; theft that is
17		punishable as a Class 3 felony based on the value of the
18		property or punishable as a Class 4 felony if the theft was
19		committed in a school or place of worship or if the theft was
20		of governmental property; retail theft that is punishable as a
21		Class 3 felony based on the value of the property; criminal
22		damage to property that is punishable as a Class 4 felony;
23		criminal damage to government supported property that is
24		punishable as a Class 4 felony; or possession of cannabis which
25		is punishable as a Class 4 felony, the court, with the consent
26		of the defendant and the State's Attorney, may, without

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

SB1607 Enrolled - 201 - LRB100 11093 RLC 21351 b
1		any other jurisdiction;
2		(2) refrain from possessing a firearm or other
3		dangerous weapon;
4		(3) make full restitution to the victim or property
5		owner under Section 5-5-6 of this Code;
6		(4) obtain or attempt to obtain employment;
7		(5) pay fines and costs;
8		(6) attend educational courses designed to prepare the
9		defendant for obtaining a high school diploma or to work
10		toward passing high school equivalency testing or to work
11		toward completing a vocational training program;
12		(7) 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 probation, with the cost of the
15		testing to be paid by the defendant; and
16		(8) perform a minimum of 30 hours of community service.
17		The court may give credit toward the fulfillment of
18		community service hours for participation in activities
19		and treatment as determined by court services.
20		(d) The court may, in addition to other conditions, require
21		that the defendant:
22		(1) make a report to and appear in person before or
23		participate with the court or such courts, person, or
24		social service agency as directed by the court in the order
25		of probation;
26		(2) undergo medical or psychiatric treatment, or

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1		treatment or rehabilitation approved by the Illinois
2		Department of Human Services;
3		(3) attend or reside in a facility established for the
4		instruction or residence of defendants on probation;
5		(4) support his or her dependents; or
6		(5) refrain from having in his or her body the presence
7		of any illicit drug prohibited by the Methamphetamine
8		Control and Community Protection Act, the Cannabis Control
9		Act, or the Illinois Controlled Substances Act, unless
10		prescribed by a physician, and submit samples of his or her
11		blood or urine or both for tests to determine the presence
12		of any illicit drug.
13		(e) Upon violation of a term or condition of probation, the
14		court may enter a judgment on its original finding of guilt and
15		proceed as otherwise provided by law.
16		(f) Upon fulfillment of the terms and conditions of
17		probation, the court shall discharge the person and dismiss the
18		proceedings against the person.
19		(g) A disposition of probation is considered to be a
20		conviction for the purposes of imposing the conditions of
21		probation and for appeal; however, a discharge and dismissal
22		under this Section is not a conviction for purposes of this
23		Code or for purposes of disqualifications or disabilities
24		imposed by law upon conviction of a crime.
25		(h) There may be only one discharge and dismissal under
26		this Section, Section 410 of the Illinois Controlled Substances

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1		Act, Section 70 of the Methamphetamine Control and Community
2		Protection Act, Section 10 of the Cannabis Control Act,
3		Treatment Alternatives for Criminal Justice Clients (TASC)
4		under Article 40 of the Alcoholism and Other Drug Abuse and
5		Dependency Act, the Offender Initiative Program under Section
6		5-6-3.3 of this Code, and subsection (c) of Section 11-14 of
7		the Criminal Code of 2012 with respect to any person.
8		(i) If a person is convicted of any offense which occurred
9		within 5 years subsequent to a discharge and dismissal under
10		this Section, the discharge and dismissal under this Section
11		shall be admissible in the sentencing proceeding for that
12		conviction as evidence in aggravation.
13		(j) Notwithstanding subsection (a), if the court finds that
14		the defendant suffers from a substance abuse problem, then
15		before the person is placed on probation under this Section,
16		the court may refer the person to the drug court established in
17		that judicial circuit pursuant to Section 15 of the Drug Court
18		Treatment Act. The drug court team shall evaluate the person's
19		likelihood of successfully fulfilling the terms and conditions
20		of probation under this Section and shall report the results of
21		its evaluation to the court. If the drug court team finds that
22		the person suffers from a substance abuse problem that makes
23		him or her substantially unlikely to successfully fulfill the
24		terms and conditions of probation under this Section, then the
25		drug court shall set forth its findings in the form of a
26		written order, and the person shall be ineligible to be placed

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1		on probation under this Section, but may be considered for the
2		drug court program.
3		(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
4		eff. 9-9-15.)
5		(Text of Section after amendment by P.A. 100-3)
6		Sec. 5-6-3.4. Second Chance Probation.
7		(a) Whenever any person who has not previously been
8		convicted of any felony offense under the laws of this State,
9		the laws of any other state, or the laws of the United States,
10		and pleads guilty to, or is found guilty of, possession of less
11		than 15 grams of a controlled substance; possession of less
12		than 15 grams of methamphetamine; or a probationable felony
13		offense of possession of cannabis, theft, retail theft,
14		forgery, deceptive practices, possession of a stolen motor
15		vehicle, burglary, possession of burglary tools, disorderly
16		conduct, criminal damage or trespass to property under Article
17		21 of the Criminal Code of 2012, criminal trespass to a
18		residence, an offense involving fraudulent identification, or
19		obstructing justice; or possession of cannabis, the court, with
20		the consent of the defendant and the State's Attorney, may,
21		without entering a judgment, sentence the defendant to
22		probation under this Section.
23		(a-1) Exemptions. A defendant is not eligible for this
24		probation if the offense he or she pleads guilty to, or is
25		found guilty of, is a violent offense, or he or she has

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

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

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1		of any illicit drug prohibited by the Methamphetamine
2		Control and Community Protection Act, the Cannabis Control
3		Act, or the Illinois Controlled Substances Act, unless
4		prescribed by a physician, and submit samples of his or her
5		blood or urine or both for tests to determine the presence
6		of any illicit drug.
7		(e) Upon violation of a term or condition of probation, the
8		court may enter a judgment on its original finding of guilt and
9		proceed as otherwise provided by law.
10		(f) Upon fulfillment of the terms and conditions of
11		probation, the court shall discharge the person and dismiss the
12		proceedings against the person.
13		(g) A disposition of probation is considered to be a
14		conviction for the purposes of imposing the conditions of
15		probation and for appeal; however, a discharge and dismissal
16		under this Section is not a conviction for purposes of this
17		Code or for purposes of disqualifications or disabilities
18		imposed by law upon conviction of a crime.
19		(h) A person may only have one discharge and dismissal
20		under this Section within a 4-year period.
21		(i) If a person is convicted of any offense which occurred
22		within 5 years subsequent to a discharge and dismissal under
23		this Section, the discharge and dismissal under this Section
24		shall be admissible in the sentencing proceeding for that
25		conviction as evidence in aggravation.
26		(j) Notwithstanding subsection (a), if the court finds that

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1		the defendant suffers from a substance abuse problem, then
2		before the person is placed on probation under this Section,
3		the court may refer the person to the drug court established in
4		that judicial circuit pursuant to Section 15 of the Drug Court
5		Treatment Act. The drug court team shall evaluate the person's
6		likelihood of successfully fulfilling the terms and conditions
7		of probation under this Section and shall report the results of
8		its evaluation to the court. If the drug court team finds that
9		the person suffers from a substance abuse problem that makes
10		him or her substantially unlikely to successfully fulfill the
11		terms and conditions of probation under this Section, then the
12		drug court shall set forth its findings in the form of a
13		written order, and the person shall be ineligible to be placed
14		on probation under this Section, but shall be considered for
15		the drug court program.
16		(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
17		(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
18		Sec. 5-8A-3. Application.
19		(a) Except as provided in subsection (d), a person charged
20		with or convicted of an excluded offense may not be placed in
21		an electronic monitoring or home detention program, except for
22		bond pending trial or appeal or while on parole, aftercare
23		release, or mandatory supervised release.
24		(b) A person serving a sentence for a conviction of a Class
25		1 felony, other than an excluded offense, may be placed in an

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1		electronic monitoring or home detention program for a period
2		not to exceed the last 90 days of incarceration.
3		(c) A person serving a sentence for a conviction of a Class
4		X felony, other than an excluded offense, may be placed in an
5		electronic monitoring or home detention program for a period
6		not to exceed the last 90 days of incarceration, provided that
7		the person was sentenced on or after August 11, 1993 (the
8		effective date of Public Act 88-311) and provided that the
9		court has not prohibited the program for the person in the
10		sentencing order.
11		(d) A person serving a sentence for conviction of an
12		offense other than for predatory criminal sexual assault of a
13		child, aggravated criminal sexual assault, criminal sexual
14		assault, aggravated criminal sexual abuse, or felony criminal
15		sexual abuse, may be placed in an electronic monitoring or home
16		detention program for a period not to exceed the last 12 months
17		of incarceration, provided that (i) the person is 55 years of
18		age or older; (ii) the person is serving a determinate
19		sentence; (iii) the person has served at least 25% of the
20		sentenced prison term; and (iv) placement in an electronic
21		monitoring or home detention program is approved by the
22		Prisoner Review Board or the Department of Juvenile Justice.
23		(e) A person serving a sentence for conviction of a Class
24		2, 3, or 4 felony offense which is not an excluded offense may
25		be placed in an electronic monitoring or home detention program
26		pursuant to Department administrative directives. These

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1		directives shall encourage inmates to apply for electronic
2		detention to incentivize positive behavior and program
3		participation prior to and following their return to the
4		community, consistent with Section 5-8A-4.2 of this Code. These
5		directives shall not prohibit application solely for prior
6		mandatory supervised release violation history, outstanding
7		municipal warrants, current security classification, and prior
8		criminal history, though these factors may be considered when
9		reviewing individual applications in conjunction with
10		additional factors, such as the applicant's institution
11		behavior, program participation, and reentry plan.
12		(f) Applications for electronic monitoring or home
13		detention may include the following:
14
15		(1) pretrial or pre-adjudicatory detention;
16		(2) probation;
17		(3) conditional discharge;
18		(4) periodic imprisonment;
19		(5) parole, aftercare release, or mandatory supervised
20		release;
21		(6) work release;
22		(7) furlough; or
23		(8) post-trial incarceration.
24		(g) A person convicted of an offense described in clause
25		(4) or (5) of subsection (d) of Section 5-8-1 of this Code
26		shall be placed in an electronic monitoring or home detention

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1		program for at least the first 2 years of the person's
2		mandatory supervised release term.
3		(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
4		100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
5		(730 ILCS 5/5-8A-4.2 new)
6		Sec. 5-8A-4.2. Successful transition to the community.
7		(a) The Department shall engage in reentry planning to
8		include individualized case planning for persons preparing to
9		be released to the community. This planning shall begin at
10		intake and be supported throughout the term of incarceration,
11		with a focused emphasis in the year prior to the inmate's
12		mandatory statutory release date. All inmates within one year
13		of their mandatory statutory release data shall be deemed to be
14		in reentry status. The Department shall develop administrative
15		directives to define reentry status based on the requirements
16		of this Section.
17		(b) The Department shall develop incentives to increase
18		program and treatment participation, positive behavior, and
19		readiness to change.
20		(c) The Department shall coordinate with, and provide
21		access at the point of release for, community partners and
22		State and local government agencies to support successful
23		transitions through assistance in planning and by providing
24		appropriate programs to inmates in reentry status. The
25		Department shall work with community partners and appropriate

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1		state agencies to support the successful transitions through
2		assistance in planning and by providing appropriate programs to
3		persons prior to release. Release planning shall include, but
4		is not limited to:
5		(1) necessary documentation to include birth
6		certificate, social security card, and identification
7		card;
8		(2) vocational or educational short-term and long-term
9		goals;
10		(3) financial literacy and planning to include
11		payments of fines, fees, restitution, child support, and
12		other debt;
13		(4) access to healthcare, mental healthcare, and
14		chemical dependency treatment;
15		(5) living and transportation arrangements;
16		(6) family reunification, if appropriate, and
17		pro-social support networks; and
18		(7) information about community-based employment
19		services and employment service programs available for
20		persons with prior arrest or criminal convictions.
21		(d) The Illinois Housing Development Authority shall
22		create a Frequent Users Systems Engagement (FUSE) Re-Entry
23		rental subsidy supportive housing program for the most
24		vulnerable persons exiting the Department of Corrections. The
25		Re-Entry rental subsidy supportive housing program shall be
26		targeted to persons with disabilities who have a history of

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1		incarcerations, hospitalizations, and homelessness. The
2		Illinois Housing Development Authority, the Department of
3		Human Services Statewide Housing Coordinator, stakeholders,
4		and the Department of Corrections shall adopt policies and
5		procedures for the FUSE Re-Entry rental subsidy supportive
6		housing program including eligibility criteria, geographic
7		distribution, and documentation requirements which are similar
8		to the Rental Housing Support Program. The funding formula for
9		this program shall be developed by calculating the number of
10		prison bed days saved through the timely releases that would
11		not be possible but for the Re-Entry rental subsidy supportive
12		housing program. Funding shall include administrative costs
13		for the Illinois Housing Development Authority to operate the
14		program.
15		(e) The Department shall report to the General Assembly on
16		or before January 1, 2019, and annually thereafter, on these
17		activities to support successful transitions to the community.
18		This report shall include the following information regarding
19		persons released from the Department:
20		(1) the total number of persons released each year
21		listed by county;
22		(2) the number of persons assessed as having a high or
23		moderate criminogenic need who have completed programming
24		addressing that criminogenic need prior to release listed
25		by program and county;
26		(3) the number of persons released in the reporting

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1		year who have engaged in pre-release planning prior to
2		their release listed by county;
3		(4) the number of persons who have been released to
4		electronic detention prior to their mandatory supervised
5		release date;
6		(5) the number of persons who have been released after
7		their mandatory supervised release date, average time past
8		mandatory supervised release date, and reasons held past
9		mandatory supervised release date; and
10		(6) when implemented, the number of Frequent Users
11		Systems Engagement (FUSE) Re-Entry rental subsidy
12		supportive housing program participants and average prison
13		bed days saved.
14		Section 35. The Crime Victims Compensation Act is amended
15		by changing Section 6.1 as follows:
16		(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
17		Sec. 6.1. Right to compensation. A person is entitled to
18		compensation under this Act if:
19		(a) Within 2 years of the occurrence of the crime, or
20		within one year after a criminal charge of a person for an
21		offense, upon which the claim is based, he files an
22		application, under oath, with the Court of Claims and on a
23		form prescribed in accordance with Section 7.1 furnished by
24		the Attorney General. If the person entitled to

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1		compensation is under 18 years of age or under other legal
2		disability at the time of the occurrence or is determined
3		by a court to be under a legal disability as a result of
4		the occurrence, he may file the application required by
5		this subsection within 2 years after he attains the age of
6		18 years or the disability is removed, as the case may be.
7		Legal disability includes a diagnosis of posttraumatic
8		stress disorder.
9		(b) For all crimes of violence, except those listed in
10		subsection (b-1) of this Section, the appropriate law
11		enforcement officials were notified within 72 hours of the
12		perpetration of the crime allegedly causing the death or
13		injury to the victim or, in the event such notification was
14		made more than 72 hours after the perpetration of the
15		crime, the applicant establishes that such notice was
16		timely under the circumstances.
17		(b-1) For victims of offenses defined in Sections
18		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
19		12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
20		the Criminal Code of 2012, the appropriate law enforcement
21		officials were notified within 7 days of the perpetration
22		of the crime allegedly causing death or injury to the
23		victim or, in the event that the notification was made more
24		than 7 days after the perpetration of the crime, the
25		applicant establishes that the notice was timely under the
26		circumstances. If the applicant or victim has obtained an

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1		order of protection, a civil no contact order, or a
2		stalking no contact order, or has presented himself or
3		herself to a hospital for sexual assault evidence
4		collection and medical care, such action shall constitute
5		appropriate notification under this subsection (b-1) or
6		subsection (b) of this Section.
7		(c) The applicant has cooperated with law enforcement
8		officials in the apprehension and prosecution of the
9		assailant. If the applicant or victim has obtained an order
10		of protection, a civil no contact order, or a stalking no
11		contact order or has presented himself or herself to a
12		hospital for sexual assault evidence collection and
13		medical care, such action shall constitute cooperation
14		under this subsection (c). If the victim is under 18 years
15		of age at the time of the commission of the offense, the
16		following shall constitute cooperation under this
17		subsection (c):
18		(1) the applicant or the victim files a police report
19		with a law enforcement agency;
20		(2) a mandated reporter reports the crime to law
21		enforcement; or
22		(3) a person with firsthand knowledge of the crime
23		reports the crime to law enforcement.
24		(d) The applicant is not the offender or an accomplice
25		of the offender and the award would not unjustly benefit
26		the offender or his accomplice.

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1		(e) The injury to or death of the victim was not
2		substantially attributable to his own wrongful act and was
3		not substantially provoked by the victim.
4		(f) For victims of offenses defined in Section 10-9 of
5		the Criminal Code of 2012, the victim submits a statement
6		under oath on a form prescribed by the Attorney General
7		attesting that the removed tattoo was applied in connection
8		with the commission of the offense.
9		(Source: P.A. 98-435, eff. 1-1-14; 99-143, eff. 7-27-15.)
10		Section 95. No acceleration or delay. Where this Act makes
11		changes in a statute that is represented in this Act by text
12		that is not yet or no longer in effect (for example, a Section
13		represented by multiple versions), the use of that text does
14		not accelerate or delay the taking effect of (i) the changes
15		made by this Act or (ii) provisions derived from any other
16		Public Act.
17		Section 99. Effective date. This Act takes effect upon
18		becoming law.