Rep. Jehan Gordon-Booth

Filed: 11/3/2017

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LRB100 11093 RLC 30479 a

1 AMENDMENT TO SENATE BILL 1607

2 AMENDMENT NO. ______. Amend Senate Bill 1607 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Illinois Criminal Justice Information Act

5 is 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

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1 for federal, state,and local research studies, plans,

2 projects, proposals,and other information relating to all

3 aspects of criminal justice system improvement and to

4 encourage educational programs for citizen support of

5 State and local efforts to make such improvements;

6 (d) To undertake research studies to aid in

7 accomplishing its purposes;

8 (e) To monitor the operation of existing criminal

9 justice information systems in order to protect the

10 constitutional rights and privacy of individuals about

11 whom criminal history record information has been

12 collected;

13 (f) To provide an effective administrative forum for

14 the protection of the rights of individuals concerning

15 criminal history record information;

16 (g) To issue regulations, guidelines, and procedures

17 which ensure the privacy and security of criminal history

18 record information consistent with State and federal laws;

19 (h) To act as the sole administrative appeal body in

20 the State of Illinois to conduct hearings and make final

21 determinations concerning individual challenges to the

22 completeness and accuracy of criminal history record

23 information;

24 (i) To act as the sole, official, criminal justice body

25 in the State of Illinois to conduct annual and periodic

26 audits of the procedures, policies, and practices of the

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1 State central repositories for criminal history record

2 information to verify compliance with federal and state

3 laws and regulations governing such information;

4 (j) To advise the Authority's Statistical Analysis

5 Center;

6 (k) To apply for, receive, establish priorities for,

7 allocate, disburse,and spend grants of funds that are made

8 available by and received on or after January 1, 1983 from

9 private sources or from the United States pursuant to the

10 federal Crime Control Act of 1973, as amended, and similar

11 federal legislation, and to enter into agreements with the

12 United States government to further the purposes of this

13 Act, or as may be required as a condition of obtaining

14 federal funds;

15 (l) To receive, expend, and account for such funds of

16 the State of Illinois as may be made available to further

17 the purposes of this Act;

18 (m) To enter into contracts and to cooperate with units

19 of general local government or combinations of such units,

20 State agencies, and criminal justice system agencies of

21 other states for the purpose of carrying out the duties of

22 the Authority imposed by this Act or by the federal Crime

23 Control Act of 1973, as amended;

24 (n) To enter into contracts and cooperate with units of

25 general local government outside of Illinois, other

26 states' agencies, and private organizations outside of

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1 Illinois to provide computer software or design that has

2 been developed for the Illinois criminal justice system, or

3 to participate in the cooperative development or design of

4 new software or systems to be used by the Illinois criminal

5 justice system. Revenues received as a result of such

6 arrangements shall be deposited in the Criminal Justice

7 Information Systems Trust Fund;

8 (o) To establish general policies concerning criminal

9 justice information systems and to promulgate such rules,

10 regulations,and procedures as are necessary to the

11 operation of the Authority and to the uniform consideration

12 of appeals and audits;

13 (p) To advise and to make recommendations to the

14 Governor and the General Assembly on policies relating to

15 criminal justice information systems;

16 (q) To direct all other agencies under the jurisdiction

17 of the Governor to provide whatever assistance and

18 information the Authority may lawfully require to carry out

19 its functions;

20 (r) To exercise any other powers that are reasonable

21 and necessary to fulfill the responsibilities of the

22 Authority under this Act and to comply with the

23 requirements of applicable federal law or regulation;

24 (s) To exercise the rights, powers, and duties which

25 have been vested in the Authority by the~~"~~Illinois Uniform

26 Conviction Information Act~~", enacted by the 85th General~~

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1 ~~Assembly, as hereafter amended~~;

2 (t) (Blank);

3 (u) To exercise the rights, powers, and duties vested

4 in the Authority by the Illinois Public Safety Agency

5 Network Act;

6 (v) To provide technical assistance in the form of

7 training to local governmental entities within Illinois

8 requesting such assistance for the purposes of procuring

9 grants for gang intervention and gang prevention programs

10 or other criminal justice programs from the United States

11 Department of Justice; ~~and~~

12 (w) To conduct strategic planning and provide

13 technical assistance to implement comprehensive trauma

14 recovery services for violent crime victims in underserved

15 communities with high levels of violent crime, with the

16 goal of providing a safe, community-based, culturally

17 competent environment in which to access services

18 necessary to facilitate recovery from the effects of

19 chronic and repeat exposure to trauma. Services may

20 include, but are not limited to, behavioral health

21 treatment, financial recovery, family support and

22 relocation assistance, and support in navigating the legal

23 system; and ~~.~~

24 (x) To coordinate statewide violence prevention

25 efforts and assist in the implementation of trauma recovery

26 centers and analyze trauma recovery services. The

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1 Authority shall develop, publish, and facilitate the

2 implementation of a 4-year statewide violence prevention

3 plan, which shall incorporate public health, public

4 safety, victim services, and trauma recovery centers and

5 services.

6 The requirement for reporting to the General Assembly shall

7 be satisfied by filing copies of the report with the Speaker,

8 the Minority Leader,and the Clerk of the House of

9 Representatives, ~~and~~the President, the Minority Leader, and

10 the Secretary of the Senate,and the Legislative Research Unit,

11 as required by Section 3.1 of the General Assembly Organization

12 Act ~~"An Act to revise the law in relation to the General~~

13 ~~Assembly", approved February 25, 1874, as amended~~, and filing

14 such additional copies with the State Government Report

15 Distribution Center for the General Assembly as is required

16 under paragraph (t) of Section 7 of the State Library Act.

17 (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;

18 revised 10-2-17.)

19 Section 10. The Illinois Vehicle Code is amended by

20 changing Section 6-303 as follows:

21 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)

22 (Text of Section before amendment by P.A. 100-149)

23 Sec. 6-303. Driving while driver's license, permit or

24 privilege to operate a motor vehicle is suspended or revoked.

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1 (a) Except as otherwise provided in subsection (a-5), any

2 person who drives or is in actual physical control of a motor

3 vehicle on any highway of this State at a time when such

4 person's driver's license, permit or privilege to do so or the

5 privilege to obtain a driver's license or permit is revoked or

6 suspended as provided by this Code or the law of another state,

7 except as may be specifically allowed by a judicial driving

8 permit issued prior to January 1, 2009, monitoring device

9 driving permit, family financial responsibility driving

10 permit, probationary license to drive, or a restricted driving

11 permit issued pursuant to this Code or under the law of another

12 state, shall be guilty of a Class A misdemeanor.

13 (a-3) A second or subsequent violation of subsection (a) of

14 this Section is a Class 4 felony if committed by a person whose

15 driving or operation of a motor vehicle is the proximate cause

16 of a motor vehicle accident that causes personal injury or

17 death to another. For purposes of this subsection, a personal

18 injury includes any Type A injury as indicated on the traffic

19 accident report completed by a law enforcement officer that

20 requires immediate professional attention in either a doctor's

21 office or a medical facility. A Type A injury includes severe

22 bleeding wounds, distorted extremities, and injuries that

23 require the injured party to be carried from the scene.

24 (a-5) Any person who violates this Section as provided in

25 subsection (a) while his or her driver's license, permit or

26 privilege is revoked because of a violation of Section 9-3 of

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1 the Criminal Code of 1961 or the Criminal Code of 2012,

2 relating to the offense of reckless homicide or a similar

3 provision of a law of another state, is guilty of a Class 4

4 felony. The person shall be required to undergo a professional

5 evaluation, as provided in Section 11-501 of this Code, to

6 determine if an alcohol, drug, or intoxicating compound problem

7 exists and the extent of the problem, and to undergo the

8 imposition of treatment as appropriate.

9 (a-10) A person's driver's license, permit, or privilege to

10 obtain a driver's license or permit may be subject to multiple

11 revocations, multiple suspensions, or any combination of both

12 simultaneously. No revocation or suspension shall serve to

13 negate, invalidate, cancel, postpone, or in any way lessen the

14 effect of any other revocation or suspension entered prior or

15 subsequent to any other revocation or suspension.

16 (b) (Blank).

17 (b-1) Upon receiving a report of the conviction of any

18 violation indicating a person was operating a motor vehicle

19 during the time when the person's driver's license, permit or

20 privilege was suspended by the Secretary of State or the

21 driver's licensing administrator of another state, except as

22 specifically allowed by a probationary license, judicial

23 driving permit, restricted driving permit or monitoring device

24 driving permit the Secretary shall extend the suspension for

25 the same period of time as the originally imposed suspension

26 unless the suspension has already expired, in which case the

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1 Secretary shall be authorized to suspend the person's driving

2 privileges for the same period of time as the originally

3 imposed suspension.

4 (b-2) Except as provided in subsection (b-6), upon

5 receiving a report of the conviction of any violation

6 indicating a person was operating a motor vehicle when the

7 person's driver's license, permit or privilege was revoked by

8 the Secretary of State or the driver's license administrator of

9 any other state, except as specifically allowed by a restricted

10 driving permit issued pursuant to this Code or the law of

11 another state, the Secretary shall not issue a driver's license

12 for an additional period of one year from the date of such

13 conviction indicating such person was operating a vehicle

14 during such period of revocation.

15 (b-3) (Blank).

16 (b-4) When the Secretary of State receives a report of a

17 conviction of any violation indicating a person was operating a

18 motor vehicle that was not equipped with an ignition interlock

19 device during a time when the person was prohibited from

20 operating a motor vehicle not equipped with such a device, the

21 Secretary shall not issue a driver's license to that person for

22 an additional period of one year from the date of the

23 conviction.

24 (b-5) Any person convicted of violating this Section shall

25 serve a minimum term of imprisonment of 30 consecutive days or

26 300 hours of community service when the person's driving

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1 privilege was revoked or suspended as a result of a violation

2 of Section 9-3 of the Criminal Code of 1961 or the Criminal

3 Code of 2012, relating to the offense of reckless homicide, or

4 a similar provision of a law of another state.The court may

5 give credit toward the fulfillment of community service hours

6 for participation in activities and treatment as determined by

7 court services.

8 (b-6) Upon receiving a report of a first conviction of

9 operating a motor vehicle while the person's driver's license,

10 permit or privilege was revoked where the revocation was for a

11 violation of Section 9-3 of the Criminal Code of 1961 or the

12 Criminal Code of 2012 relating to the offense of reckless

13 homicide or a similar out-of-state offense, the Secretary shall

14 not issue a driver's license for an additional period of three

15 years from the date of such conviction.

16 (c) Except as provided in subsections (c-3) and (c-4), any

17 person convicted of violating this Section shall serve a

18 minimum term of imprisonment of 10 consecutive days or 30 days

19 of community service when the person's driving privilege was

20 revoked or suspended as a result of:

21 (1) a violation of Section 11-501 of this Code or a

22 similar provision of a local ordinance relating to the

23 offense of operating or being in physical control of a

24 vehicle while under the influence of alcohol, any other

25 drug or any combination thereof; or

26 (2) a violation of paragraph (b) of Section 11-401 of

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1 this Code or a similar provision of a local ordinance

2 relating to the offense of leaving the scene of a motor

3 vehicle accident involving personal injury or death; or

4 (3) a statutory summary suspension or revocation under

5 Section 11-501.1 of this Code.

6 Such sentence of imprisonment or community service shall

7 not be subject to suspension in order to reduce such sentence.

8 (c-1) Except as provided in subsections (c-5) and (d), any

9 person convicted of a second violation of this Section shall be

10 ordered by the court to serve a minimum of 100 hours of

11 community service. The court may give credit toward the

12 fulfillment of community service hours for participation in

13 activities and treatment as determined by court services.

14 (c-2) In addition to other penalties imposed under this

15 Section, the court may impose on any person convicted a fourth

16 time of violating this Section any of the following:

17 (1) Seizure of the license plates of the person's

18 vehicle.

19 (2) Immobilization of the person's vehicle for a period

20 of time to be determined by the court.

21 (c-3) Any person convicted of a violation of this Section

22 during a period of summary suspension imposed pursuant to

23 Section 11-501.1 when the person was eligible for a MDDP shall

24 be guilty of a Class 4 felony and shall serve a minimum term of

25 imprisonment of 30 days.

26 (c-4) Any person who has been issued a MDDP or a restricted

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1 driving permit which requires the person to operate only motor

2 vehicles equipped with an ignition interlock device and who is

3 convicted of a violation of this Section as a result of

4 operating or being in actual physical control of a motor

5 vehicle not equipped with an ignition interlock device at the

6 time of the offense shall be guilty of a Class 4 felony and

7 shall serve a minimum term of imprisonment of 30 days.

8 (c-5) Any person convicted of a second violation of this

9 Section is guilty of a Class 2 felony, is not eligible for

10 probation or conditional discharge, and shall serve a mandatory

11 term of imprisonment, if:

12 (1) the current violation occurred when the person's

13 driver's license was suspended or revoked for a violation

14 of Section 9-3 of the Criminal Code of 1961 or the Criminal

15 Code of 2012, relating to the offense of reckless homicide,

16 or a similar out-of-state offense; and

17 (2) the prior conviction 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 similar out-of-state

22 offense, or was suspended or revoked for a violation of

23 Section 11-401 or 11-501 of this Code, a similar

24 out-of-state offense, a similar provision of a local

25 ordinance, or a statutory summary suspension or revocation

26 under Section 11-501.1 of this Code.

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1 (d) Any person convicted of a second violation of this

2 Section shall be guilty of a Class 4 felony and shall serve a

3 minimum term of imprisonment of 30 days or 300 hours of

4 community service, as determined by the court, 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 11-401 or 11-501 of this Code, a similar

8 out-of-state offense, a similar provision of a local

9 ordinance, or a statutory summary suspension or revocation

10 under Section 11-501.1 of this Code; and

11 (2) the prior conviction under this Section occurred

12 while the person's driver's license was suspended or

13 revoked for a violation of Section 11-401 or 11-501 of this

14 Code, a similar out-of-state offense, a similar provision

15 of a local ordinance, or a statutory summary suspension or

16 revocation under Section 11-501.1 of this Code, or for a

17 violation of Section 9-3 of the Criminal Code of 1961 or

18 the Criminal Code of 2012, relating to the offense of

19 reckless homicide, or a similar out-of-state offense.

20 (3) The court may give credit toward the fulfillment of

21 community service hours for participation in activities

22 and treatment as determined by court services.

23 (d-1) Except as provided in subsections (d-2), (d-2.5), and

24 (d-3), any person convicted of a third or subsequent violation

25 of this Section shall serve a minimum term of imprisonment of

26 30 days or 300 hours of community service, as determined by the

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1 court. The court may give credit toward the fulfillment of

2 community service hours for participation in activities and

3 treatment as determined by court services.

4 (d-2) Any person convicted of a third violation of this

5 Section is guilty of a Class 4 felony and must serve a minimum

6 term of imprisonment of 30 days, if:

7 (1) the current violation occurred when the person's

8 driver's license was suspended or revoked for a violation

9 of Section 11-401 or 11-501 of this Code, or a similar

10 out-of-state offense, or a similar provision of a local

11 ordinance, or a statutory summary suspension or revocation

12 under Section 11-501.1 of this Code; 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 11-401 or 11-501 of this

16 Code, a similar out-of-state offense, a similar provision

17 of a local ordinance, or a statutory summary suspension or

18 revocation under Section 11-501.1 of this Code, or for a

19 violation of Section 9-3 of the Criminal Code of 1961 or

20 the Criminal Code of 2012, relating to the offense of

21 reckless homicide, or a similar out-of-state offense.

22 (d-2.5) Any person convicted of a third violation of this

23 Section is guilty of a Class 1 felony, is not eligible for

24 probation or conditional discharge, and must serve a mandatory

25 term of imprisonment, if:

26 (1) the current violation occurred while the person's

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1 driver's license was suspended or revoked for a violation

2 of Section 9-3 of the Criminal Code of 1961 or the Criminal

3 Code of 2012, relating to the offense of reckless homicide,

4 or a similar out-of-state offense. The person's driving

5 privileges shall be revoked for the remainder of the

6 person's life; 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 9-3 of the Criminal Code

10 of 1961 or the Criminal Code of 2012, relating to the

11 offense of reckless homicide, or a similar out-of-state

12 offense, or was suspended or revoked for a violation of

13 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.

17 (d-3) Any person convicted of a fourth, fifth, sixth,

18 seventh, eighth, or ninth violation of this Section is guilty

19 of a Class 4 felony and must serve a minimum term of

20 imprisonment of 180 days, if:

21 (1) the current violation occurred when the person's

22 driver's license was suspended or revoked for a violation

23 of Section 11-401 or 11-501 of this Code, a similar

24 out-of-state offense, a similar provision of a local

25 ordinance, or a statutory summary suspension or revocation

26 under Section 11-501.1 of this Code; and

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1 (2) the prior convictions under this Section occurred

2 while the person's driver's license was suspended or

3 revoked for a violation of Section 11-401 or 11-501 of this

4 Code, a similar out-of-state offense, a similar provision

5 of a local ordinance, or a statutory summary suspension or

6 revocation under Section 11-501.1 of this Code, or for a

7 violation of Section 9-3 of the Criminal Code of 1961 or

8 the Criminal Code of 2012, relating to the offense of

9 reckless homicide, or a similar out-of-state offense.

10 (d-3.5) Any person convicted of a fourth or subsequent

11 violation of this Section is guilty of a Class 1 felony, is not

12 eligible for probation or conditional discharge, and must serve

13 a mandatory term of imprisonment, and is eligible for an

14 extended term, if:

15 (1) the current violation occurred when the person's

16 driver's license was suspended or revoked for a violation

17 of Section 9-3 of the Criminal Code of 1961 or the Criminal

18 Code of 2012, relating to the offense of reckless homicide,

19 or a similar out-of-state offense; 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 9-3 of the Criminal Code

23 of 1961 or the Criminal Code of 2012, relating to the

24 offense of reckless homicide, or a similar out-of-state

25 offense, or was suspended or revoked for a violation of

26 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.

4 (d-4) Any person convicted of a tenth, eleventh, twelfth,

5 thirteenth, or fourteenth violation of this Section is guilty

6 of a Class 3 felony, and is not eligible for probation or

7 conditional discharge, 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 11-401 or 11-501 of this Code, or a similar

11 out-of-state offense, or a similar provision of a local

12 ordinance, or a statutory summary suspension or revocation

13 under Section 11-501.1 of this Code; and

14 (2) the prior convictions under this Section occurred

15 while the person's driver's license was suspended or

16 revoked for a violation of Section 11-401 or 11-501 of this

17 Code, a similar out-of-state offense, a similar provision

18 of a local ordinance, or a statutory suspension or

19 revocation under Section 11-501.1 of this Code, or for a

20 violation of Section 9-3 of the Criminal Code of 1961 or

21 the Criminal Code of 2012, relating to the offense of

22 reckless homicide, or a similar out-of-state offense.

23 (d-5) Any person convicted of a fifteenth or subsequent

24 violation of this Section is guilty of a Class 2 felony, and is

25 not eligible for probation or conditional discharge, 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 (e) Any person in violation of this Section who is also in

16 violation of Section 7-601 of this Code relating to mandatory

17 insurance requirements, in addition to other penalties imposed

18 under this Section, shall have his or her motor vehicle

19 immediately impounded by the arresting law enforcement

20 officer. The motor vehicle may be released to any licensed

21 driver upon a showing of proof of insurance for the vehicle

22 that was impounded and the notarized written consent for the

23 release by the vehicle owner.

24 (f) For any prosecution under this Section, a certified

25 copy of the driving abstract of the defendant shall be admitted

26 as proof of any prior conviction.

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1 (g) The motor vehicle used in a violation of this Section

2 is subject to seizure and forfeiture as provided in Sections

3 36-1 and 36-2 of the Criminal Code of 2012 if the person's

4 driving privilege was revoked or suspended as a result of:

5 (1) a violation of Section 11-501 of this Code, a

6 similar provision of a local ordinance, or a similar

7 provision of a law of another state;

8 (2) a violation of paragraph (b) of Section 11-401 of

9 this Code, a similar provision of a local ordinance, or a

10 similar provision of a law of another state;

11 (3) a statutory summary suspension or revocation under

12 Section 11-501.1 of this Code or a similar provision of a

13 law of another state; or

14 (4) a violation of Section 9-3 of the Criminal Code of

15 1961 or the Criminal Code of 2012 relating to the offense

16 of reckless homicide, or a similar provision of a law of

17 another state.

18 (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;

19 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.

20 1-1-16.)

21 (Text of Section after amendment by P.A. 100-149)

22 Sec. 6-303. Driving while driver's license, permit or

23 privilege to operate a motor vehicle is suspended or revoked.

24 (a) Except as otherwise provided in subsection (a-5), any

25 person who drives or is in actual physical control of a motor

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1 vehicle on any highway of this State at a time when such

2 person's driver's license, permit or privilege to do so or the

3 privilege to obtain a driver's license or permit is revoked or

4 suspended as provided by this Code or the law of another state,

5 except as may be specifically allowed by a judicial driving

6 permit issued prior to January 1, 2009, monitoring device

7 driving permit, family financial responsibility driving

8 permit, probationary license to drive, or a restricted driving

9 permit issued pursuant to this Code or under the law of another

10 state, shall be guilty of a Class A misdemeanor.

11 (a-3) A second or subsequent violation of subsection (a) of

12 this Section is a Class 4 felony if committed by a person whose

13 driving or operation of a motor vehicle is the proximate cause

14 of a motor vehicle accident that causes personal injury or

15 death to another. For purposes of this subsection, a personal

16 injury includes any Type A injury as indicated on the traffic

17 accident report completed by a law enforcement officer that

18 requires immediate professional attention in either a doctor's

19 office or a medical facility. A Type A injury includes severe

20 bleeding wounds, distorted extremities, and injuries that

21 require the injured party to be carried from the scene.

22 (a-5) Any person who violates this Section as provided in

23 subsection (a) while his or her driver's license, permit or

24 privilege is revoked because of a violation of Section 9-3 of

25 the Criminal Code of 1961 or the Criminal Code of 2012,

26 relating to the offense of reckless homicide, or a violation of

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

2 11-501 of this Code, relating to the offense of aggravated

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

4 intoxicating compound or compounds, or any combination thereof

5 when the violation was a proximate cause of a death, or a

6 similar provision of a law of another state, is guilty of a

7 Class 4 felony. The person shall be required to undergo a

8 professional evaluation, as provided in Section 11-501 of this

9 Code, to determine if an alcohol, drug, or intoxicating

10 compound problem exists and the extent of the problem, and to

11 undergo the imposition of treatment as appropriate.

12 (a-10) A person's driver's license, permit, or privilege to

13 obtain a driver's license or permit may be subject to multiple

14 revocations, multiple suspensions, or any combination of both

15 simultaneously. No revocation or suspension shall serve to

16 negate, invalidate, cancel, postpone, or in any way lessen the

17 effect of any other revocation or suspension entered prior or

18 subsequent to any other revocation or suspension.

19 (b) (Blank).

20 (b-1) Upon receiving a report of the conviction of any

21 violation indicating a person was operating a motor vehicle

22 during the time when the person's driver's license, permit or

23 privilege was suspended by the Secretary of State or the

24 driver's licensing administrator of another state, except as

25 specifically allowed by a probationary license, judicial

26 driving permit, restricted driving permit or monitoring device

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1 driving permit the Secretary shall extend the suspension for

2 the same period of time as the originally imposed suspension

3 unless the suspension has already expired, in which case the

4 Secretary shall be authorized to suspend the person's driving

5 privileges for the same period of time as the originally

6 imposed suspension.

7 (b-2) Except as provided in subsection (b-6), upon

8 receiving a report of the conviction of any violation

9 indicating a person was operating a motor vehicle when the

10 person's driver's license, permit or privilege was revoked by

11 the Secretary of State or the driver's license administrator of

12 any other state, except as specifically allowed by a restricted

13 driving permit issued pursuant to this Code or the law of

14 another state, the Secretary shall not issue a driver's license

15 for an additional period of one year from the date of such

16 conviction indicating such person was operating a vehicle

17 during such period of revocation.

18 (b-3) (Blank).

19 (b-4) When the Secretary of State receives a report of a

20 conviction of any violation indicating a person was operating a

21 motor vehicle that was not equipped with an ignition interlock

22 device during a time when the person was prohibited from

23 operating a motor vehicle not equipped with such a device, the

24 Secretary shall not issue a driver's license to that person for

25 an additional period of one year from the date of the

26 conviction.

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LRB100 11093 RLC 30479 a

1 (b-5) Any person convicted of violating this Section shall

2 serve a minimum term of imprisonment of 30 consecutive days or

3 300 hours of community service when the person's driving

4 privilege was revoked or suspended as a result of a violation

5 of Section 9-3 of the Criminal Code of 1961 or the Criminal

6 Code of 2012, relating to the offense of reckless homicide, or

7 a violation of subparagraph (F) of paragraph (1) of subsection

8 (d) of Section 11-501 of this Code, relating to the offense of

9 aggravated driving under the influence of alcohol, other drug

10 or drugs, or intoxicating compound or compounds, or any

11 combination thereof when the violation was a proximate cause of

12 a death, or a similar provision of a law of another state.The

13 court may give credit toward the fulfillment of community

14 service hours for participation in activities and treatment as

15 determined by court services.

16 (b-6) Upon receiving a report of a first conviction of

17 operating a motor vehicle while the person's driver's license,

18 permit or privilege was revoked where the revocation was for a

19 violation of Section 9-3 of the Criminal Code of 1961 or the

20 Criminal Code of 2012 relating to the offense of reckless

21 homicide, or a violation of subparagraph (F) of paragraph (1)

22 of subsection (d) of Section 11-501 of this Code, relating to

23 the offense of aggravated driving under the influence of

24 alcohol, other drug or drugs, or intoxicating compound or

25 compounds, or any combination thereof when the violation was a

26 proximate cause of a death, or a similar out-of-state offense,

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LRB100 11093 RLC 30479 a

1 the Secretary shall not issue a driver's license for an

2 additional period of three years from the date of such

3 conviction.

4 (c) Except as provided in subsections (c-3) and (c-4), any

5 person convicted of violating this Section shall serve a

6 minimum term of imprisonment of 10 consecutive days or 30 days

7 of community service when the person's driving privilege was

8 revoked or suspended as a result of:

9 (1) a violation of Section 11-501 of this Code or a

10 similar provision of a local ordinance relating to the

11 offense of operating or being in physical control of a

12 vehicle while under the influence of alcohol, any other

13 drug or any combination thereof; or

14 (2) a violation of paragraph (b) of Section 11-401 of

15 this Code or a similar provision of a local ordinance

16 relating to the offense of leaving the scene of a motor

17 vehicle accident involving personal injury or death; or

18 (3) a statutory summary suspension or revocation under

19 Section 11-501.1 of this Code.

20 Such sentence of imprisonment or community service shall

21 not be subject to suspension in order to reduce such sentence.

22 (c-1) Except as provided in subsections (c-5) and (d), any

23 person convicted of a second violation of this Section shall be

24 ordered by the court to serve a minimum of 100 hours of

25 community service. The court may give credit toward the

26 fulfillment of community service hours for participation in

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LRB100 11093 RLC 30479 a

1 activities and treatment as determined by court services.

2 (c-2) In addition to other penalties imposed under this

3 Section, the court may impose on any person convicted a fourth

4 time of violating this Section any of the following:

5 (1) Seizure of the license plates of the person's

6 vehicle.

7 (2) Immobilization of the person's vehicle for a period

8 of time to be determined by the court.

9 (c-3) Any person convicted of a violation of this Section

10 during a period of summary suspension imposed pursuant to

11 Section 11-501.1 when the person was eligible for a MDDP shall

12 be guilty of a Class 4 felony and shall serve a minimum term of

13 imprisonment of 30 days.

14 (c-4) Any person who has been issued a MDDP or a restricted

15 driving permit which requires the person to operate only motor

16 vehicles equipped with an ignition interlock device and who is

17 convicted of a violation of this Section as a result of

18 operating or being in actual physical control of a motor

19 vehicle not equipped with an ignition interlock device at the

20 time of the offense shall be guilty of a Class 4 felony and

21 shall serve a minimum term of imprisonment of 30 days.

22 (c-5) Any person convicted of a second violation of this

23 Section is guilty of a Class 2 felony, is not eligible for

24 probation or conditional discharge, and shall serve a mandatory

25 term of imprisonment, if:

26 (1) the current violation occurred when the person's

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LRB100 11093 RLC 30479 a

1 driver's license was suspended or revoked for a violation

2 of Section 9-3 of the Criminal Code of 1961 or the Criminal

3 Code of 2012, relating to the offense of reckless homicide,

4 or a violation of subparagraph (F) of paragraph (1) of

5 subsection (d) of Section 11-501 of this Code, relating to

6 the offense of aggravated driving under the influence of

7 alcohol, other drug or drugs, or intoxicating compound or

8 compounds, or any combination thereof when the violation

9 was a proximate cause of a death, or a similar out-of-state

10 offense; and

11 (2) the prior conviction under this Section occurred

12 while the person's driver's license was suspended or

13 revoked for a violation of Section 9-3 of the Criminal Code

14 of 1961 or the Criminal Code of 2012 relating to the

15 offense of reckless homicide, or a violation of

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

17 Section 11-501 of this Code, relating to the offense of

18 aggravated driving under the influence of alcohol, other

19 drug or drugs, or intoxicating compound or compounds, or

20 any combination thereof when the violation was a proximate

21 cause of a death, or a similar out-of-state offense, or was

22 suspended or revoked for a violation of Section 11-401 or

23 11-501 of this Code, a similar out-of-state offense, a

24 similar provision of a local ordinance, or a statutory

25 summary suspension or revocation under Section 11-501.1 of

26 this Code.

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LRB100 11093 RLC 30479 a

1 (d) Any person convicted of a second violation of this

2 Section shall be guilty of a Class 4 felony and shall serve a

3 minimum term of imprisonment of 30 days or 300 hours of

4 community service, as determined by the court, 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 11-401 or 11-501 of this Code, a similar

8 out-of-state offense, a similar provision of a local

9 ordinance, or a statutory summary suspension or revocation

10 under Section 11-501.1 of this Code; and

11 (2) the prior conviction under this Section occurred

12 while the person's driver's license was suspended or

13 revoked for a violation of Section 11-401 or 11-501 of this

14 Code, a similar out-of-state offense, a similar provision

15 of a local ordinance, or a statutory summary suspension or

16 revocation under Section 11-501.1 of this Code, or for a

17 violation of Section 9-3 of the Criminal Code of 1961 or

18 the Criminal Code of 2012, relating to the offense of

19 reckless homicide, or a violation of subparagraph (F) of

20 paragraph (1) of subsection (d) of Section 11-501 of this

21 Code, relating to the offense of aggravated driving under

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

23 intoxicating compound or compounds, or any combination

24 thereof when the violation was a proximate cause of a

25 death, or a similar out-of-state offense.

26 (3) The court may give credit toward the fulfillment of

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LRB100 11093 RLC 30479 a

1 community service hours for participation in activities

2 and treatment as determined by court services.

3 (d-1) Except as provided in subsections (d-2), (d-2.5), and

4 (d-3), any person convicted of a third or subsequent violation

5 of this Section shall serve a minimum term of imprisonment of

6 30 days or 300 hours of community service, as determined by the

7 court. 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-2) Any person convicted of a third violation of this

11 Section is guilty of a Class 4 felony and must serve a minimum

12 term of imprisonment of 30 days, if:

13 (1) the current violation occurred when the person's

14 driver's license was suspended or revoked for a violation

15 of Section 11-401 or 11-501 of this Code, or a similar

16 out-of-state offense, or a similar provision of a local

17 ordinance, or a statutory summary suspension or revocation

18 under Section 11-501.1 of this Code; and

19 (2) the prior convictions under this Section occurred

20 while the person's driver's license was suspended or

21 revoked for a violation of Section 11-401 or 11-501 of this

22 Code, a similar out-of-state offense, a similar provision

23 of a local ordinance, or a statutory summary suspension or

24 revocation under Section 11-501.1 of this Code, or for a

25 violation of Section 9-3 of the Criminal Code of 1961 or

26 the Criminal Code of 2012, relating to the offense of

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LRB100 11093 RLC 30479 a

1 reckless homicide, or a violation of subparagraph (F) of

2 paragraph (1) of subsection (d) of Section 11-501 of this

3 Code, relating to the offense of aggravated driving under

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

5 intoxicating compound or compounds, or any combination

6 thereof when the violation was a proximate cause of a

7 death, or a similar out-of-state offense.

8 (d-2.5) Any person convicted of a third violation of this

9 Section is guilty of a Class 1 felony, is not eligible for

10 probation or conditional discharge, and must serve a mandatory

11 term of imprisonment, if:

12 (1) the current violation occurred while the person's

13 driver's license was suspended or revoked for a violation

14 of Section 9-3 of the Criminal Code of 1961 or the Criminal

15 Code of 2012, relating to the offense of reckless homicide,

16 or a violation of subparagraph (F) of paragraph (1) of

17 subsection (d) of Section 11-501 of this Code, relating to

18 the offense of aggravated driving under the influence of

19 alcohol, other drug or drugs, or intoxicating compound or

20 compounds, or any combination thereof when the violation

21 was a proximate cause of a death, or a similar out-of-state

22 offense. The person's driving privileges shall be revoked

23 for the remainder of the person's life; and

24 (2) the prior convictions under this Section occurred

25 while the person's driver's license was suspended or

26 revoked for a violation of Section 9-3 of the Criminal Code

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LRB100 11093 RLC 30479 a

1 of 1961 or the Criminal Code of 2012, relating to the

2 offense of reckless homicide, or a violation of

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

4 Section 11-501 of this Code, relating to the offense of

5 aggravated driving under the influence of alcohol, other

6 drug or drugs, or intoxicating compound or compounds, or

7 any combination thereof when the violation was a proximate

8 cause of a death, or a similar out-of-state offense, or was

9 suspended or revoked for a violation of Section 11-401 or

10 11-501 of this Code, a similar out-of-state offense, a

11 similar provision of a local ordinance, or a statutory

12 summary suspension or revocation under Section 11-501.1 of

13 this Code.

14 (d-3) Any person convicted of a fourth, fifth, sixth,

15 seventh, eighth, or ninth violation of this Section is guilty

16 of a Class 4 felony and must serve a minimum term of

17 imprisonment of 180 days, if:

18 (1) the current violation occurred when the person's

19 driver's license was suspended or revoked for a violation

20 of Section 11-401 or 11-501 of this Code, a similar

21 out-of-state offense, a similar provision of a local

22 ordinance, or a statutory summary suspension or revocation

23 under Section 11-501.1 of this Code; and

24 (2) the prior convictions under this Section occurred

25 while the person's driver's license was suspended or

26 revoked for a violation of Section 11-401 or 11-501 of this

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LRB100 11093 RLC 30479 a

1 Code, a similar out-of-state offense, a similar provision

2 of a local ordinance, or a statutory summary suspension or

3 revocation under Section 11-501.1 of this Code, or for a

4 violation of Section 9-3 of the Criminal Code of 1961 or

5 the Criminal Code of 2012, relating to the offense of

6 reckless homicide, or a violation of subparagraph (F) of

7 paragraph (1) of subsection (d) of Section 11-501 of this

8 Code, relating to the offense of aggravated driving under

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

10 intoxicating compound or compounds, or any combination

11 thereof when the violation was a proximate cause of a

12 death, or a similar out-of-state offense.

13 (d-3.5) Any person convicted of a fourth or subsequent

14 violation of this Section is guilty of a Class 1 felony, is not

15 eligible for probation or conditional discharge, and must serve

16 a mandatory term of imprisonment, and is eligible for an

17 extended term, if:

18 (1) the current violation occurred when the person's

19 driver's license was suspended or revoked for a violation

20 of Section 9-3 of the Criminal Code of 1961 or the Criminal

21 Code of 2012, relating to the offense of reckless homicide,

22 or a violation of subparagraph (F) of paragraph (1) of

23 subsection (d) of Section 11-501 of this Code, relating to

24 the offense of aggravated driving under the influence of

25 alcohol, other drug or drugs, or intoxicating compound or

26 compounds, or any combination thereof when the violation

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LRB100 11093 RLC 30479 a

1 was a proximate cause of a death, or a similar out-of-state

2 offense; and

3 (2) the prior convictions under this Section occurred

4 while the person's driver's license was suspended or

5 revoked for a violation of Section 9-3 of the Criminal Code

6 of 1961 or the Criminal Code of 2012, relating to the

7 offense of reckless homicide, or a violation of

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

9 Section 11-501 of this Code, relating to the offense of

10 aggravated driving under the influence of alcohol, other

11 drug or drugs, or intoxicating compound or compounds, or

12 any combination thereof when the violation was a proximate

13 cause of a death, or a similar out-of-state offense, or was

14 suspended or revoked for a violation of Section 11-401 or

15 11-501 of this Code, a similar out-of-state offense, a

16 similar provision of a local ordinance, or a statutory

17 summary suspension or revocation under Section 11-501.1 of

18 this Code.

19 (d-4) Any person convicted of a tenth, eleventh, twelfth,

20 thirteenth, or fourteenth violation of this Section is guilty

21 of a Class 3 felony, and is not eligible for probation or

22 conditional discharge, if:

23 (1) the current violation occurred when the person's

24 driver's license was suspended or revoked for a violation

25 of Section 11-401 or 11-501 of this Code, or a similar

26 out-of-state offense, or a similar provision of a local

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LRB100 11093 RLC 30479 a

1 ordinance, or a statutory summary suspension or revocation

2 under Section 11-501.1 of this Code; and

3 (2) the prior convictions under this Section occurred

4 while the person's driver's license was suspended or

5 revoked for a violation of Section 11-401 or 11-501 of this

6 Code, a similar out-of-state offense, a similar provision

7 of a local ordinance, or a statutory suspension or

8 revocation under Section 11-501.1 of this Code, or for a

9 violation of Section 9-3 of the Criminal Code of 1961 or

10 the Criminal Code of 2012, relating to the offense of

11 reckless homicide, or a violation of subparagraph (F) of

12 paragraph (1) of subsection (d) of Section 11-501 of this

13 Code, relating to the offense of aggravated driving under

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

15 intoxicating compound or compounds, or any combination

16 thereof when the violation was a proximate cause of a

17 death, or a similar out-of-state offense.

18 (d-5) Any person convicted of a fifteenth or subsequent

19 violation of this Section is guilty of a Class 2 felony, and is

20 not eligible for probation or conditional discharge, if:

21 (1) the current violation occurred when the person's

22 driver's license was suspended or revoked for a violation

23 of Section 11-401 or 11-501 of this Code, or a similar

24 out-of-state offense, or a similar provision of a local

25 ordinance, or a statutory summary suspension or revocation

26 under Section 11-501.1 of this Code; and

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LRB100 11093 RLC 30479 a

1 (2) the prior convictions under this Section occurred

2 while the person's driver's license was suspended or

3 revoked for a violation of Section 11-401 or 11-501 of this

4 Code, a similar out-of-state offense, a similar provision

5 of a local ordinance, or a statutory summary suspension or

6 revocation under Section 11-501.1 of this Code, or for a

7 violation of Section 9-3 of the Criminal Code of 1961 or

8 the Criminal Code of 2012, relating to the offense of

9 reckless homicide, or a violation of subparagraph (F) of

10 paragraph (1) of subsection (d) of Section 11-501 of this

11 Code, relating to the offense of aggravated driving under

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

13 intoxicating compound or compounds, or any combination

14 thereof when the violation was a proximate cause of a

15 death, or a similar out-of-state offense.

16 (e) Any person in violation of this Section who is also in

17 violation of Section 7-601 of this Code relating to mandatory

18 insurance requirements, in addition to other penalties imposed

19 under this Section, shall have his or her motor vehicle

20 immediately impounded by the arresting law enforcement

21 officer. The motor vehicle may be released to any licensed

22 driver upon a showing of proof of insurance for the vehicle

23 that was impounded and the notarized written consent for the

24 release by the vehicle owner.

25 (f) For any prosecution under this Section, a certified

26 copy of the driving abstract of the defendant shall be admitted

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LRB100 11093 RLC 30479 a

1 as proof of any prior conviction.

2 (g) The motor vehicle used in a violation of this Section

3 is subject to seizure and forfeiture as provided in Sections

4 36-1 and 36-2 of the Criminal Code of 2012 if the person's

5 driving privilege was revoked or suspended as a result of:

6 (1) a violation of Section 11-501 of this Code, a

7 similar provision of a local ordinance, or a similar

8 provision of a law of another state;

9 (2) a violation of paragraph (b) of Section 11-401 of

10 this Code, a similar provision of a local ordinance, or a

11 similar provision of a law of another state;

12 (3) a statutory summary suspension or revocation under

13 Section 11-501.1 of this Code or a similar provision of a

14 law of another state; or

15 (4) a violation of Section 9-3 of the Criminal Code of

16 1961 or the Criminal Code of 2012 relating to the offense

17 of reckless homicide, or a violation of subparagraph (F) of

18 paragraph (1) of subsection (d) of Section 11-501 of this

19 Code, relating to the offense of aggravated driving under

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

21 intoxicating compound or compounds, or any combination

22 thereof when the violation was a proximate cause of a

23 death, or a similar provision of a law of another state.

24 (Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)

25 Section 15. The Cannabis Control Act is amended by changing

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LRB100 11093 RLC 30479 a

1 Section 10 as follows:

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

3 (Text of Section before amendment by P.A. 100-3)

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

5 been convicted of, or placed on probation or court supervision

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

7 or of any State relating to cannabis, or controlled substances

8 as defined in the Illinois Controlled Substances Act, pleads

9 guilty to or is found guilty of violating Sections 4(a), 4(b),

10 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without

11 entering a judgment and with the consent of such person,

12 sentence him to probation.

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

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

15 and shall defer further proceedings in the case until the

16 conclusion of the period or until the filing of a petition

17 alleging violation of a term or condition of probation.

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

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

20 refrain from possession of a firearm or other dangerous weapon;

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

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

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

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

25 of community service, provided community service is available

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LRB100 11093 RLC 30479 a

1 in the jurisdiction and is funded and approved by the county

2 board. The court may give credit toward the fulfillment of

3 community service hours for participation in activities and

4 treatment as determined by court services.

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

6 that the person:

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

8 participate with the court or such courts, person, or

9 social service agency as directed by the court in the order

10 of probation;

11 (2) pay a fine and costs;

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

13 training;

14 (4) undergo medical or psychiatric treatment; or

15 treatment for drug addiction or alcoholism;

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

17 instruction or residence of defendants on probation;

18 (6) support his dependents;

19 (7) refrain from possessing a firearm or other

20 dangerous weapon;

21 (7-5) refrain from having in his or her body the

22 presence of any illicit drug prohibited by the Cannabis

23 Control Act, the Illinois Controlled Substances Act, or the

24 Methamphetamine Control and Community Protection Act,

25 unless prescribed by a physician, and submit samples of his

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

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LRB100 11093 RLC 30479 a

1 presence of any illicit drug;

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

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

4 (ii) attend school;

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

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

7 foster home.

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

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

10 proceed as otherwise provided.

11 (f) Upon fulfillment of the terms and conditions of

12 probation, the court shall discharge such person and dismiss

13 the proceedings against him.

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

15 conviction for the purposes of imposing the conditions of

16 probation and for appeal, however, discharge and dismissal

17 under this Section is not a conviction for purposes of

18 disqualification or disabilities imposed by law upon

19 conviction of a crime (including the additional penalty imposed

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

21 of this Act).

22 (h) Discharge and dismissal under this Section, Section 410

23 of the Illinois Controlled Substances Act, Section 70 of the

24 Methamphetamine Control and Community Protection Act, Section

25 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or

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

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LRB100 11093 RLC 30479 a

1 the Criminal Code of 2012 may occur only once with respect to

2 any person.

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

4 the Illinois Controlled Substances Act, or the Methamphetamine

5 Control and Community Protection Act within 5 years subsequent

6 to a discharge and dismissal under this Section, the discharge

7 and dismissal under this Section shall be admissible in the

8 sentencing proceeding for that conviction as a factor in

9 aggravation.

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

11 sentenced to probation under this Section, the court may refer

12 the person to the drug court established in that judicial

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

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

15 successfully completing a sentence of probation under this

16 Section and shall report the results of its evaluation to the

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

18 from a substance abuse problem that makes him or her

19 substantially unlikely to successfully complete a sentence of

20 probation under this Section, then the drug court shall set

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

22 person shall not be sentenced to probation under this Section,

23 but may be considered for the drug court program.

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

25 (Text of Section after amendment by P.A. 100-3)

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LRB100 11093 RLC 30479 a

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

2 been convicted of any felony offense under this Act or any law

3 of the United States or of any State relating to cannabis, or

4 controlled substances as defined in the Illinois Controlled

5 Substances Act, pleads guilty to or is found guilty of

6 violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of

7 this Act, the court may, without entering a judgment and with

8 the consent of such person, sentence him to probation.

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

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

11 and shall defer further proceedings in the case until the

12 conclusion of the period or until the filing of a petition

13 alleging violation of a term or condition of probation.

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

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

16 refrain from possession of a firearm or other dangerous weapon;

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

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

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

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

21 of community service, provided community service is available

22 in the jurisdiction and is funded and approved by the county

23 board. The court may give credit toward the fulfillment of

24 community service hours for participation in activities and

25 treatment as determined by court services.

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

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LRB100 11093 RLC 30479 a

1 that the person:

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

3 participate with the court or such courts, person, or

4 social service agency as directed by the court in the order

5 of probation;

6 (2) pay a fine and costs;

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

8 training;

9 (4) undergo medical or psychiatric treatment; or

10 treatment for drug addiction or alcoholism;

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

12 instruction or residence of defendants on probation;

13 (6) support his dependents;

14 (7) refrain from possessing a firearm or other

15 dangerous weapon;

16 (7-5) refrain from having in his or her body the

17 presence of any illicit drug prohibited by the Cannabis

18 Control Act, the Illinois Controlled Substances Act, or the

19 Methamphetamine Control and Community Protection 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;

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

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

25 (ii) attend school;

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

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LRB100 11093 RLC 30479 a

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

2 foster home.

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

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

5 proceed as otherwise provided.

6 (f) Upon fulfillment of the terms and conditions of

7 probation, the court shall discharge such person and dismiss

8 the proceedings against him.

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

10 conviction for the purposes of imposing the conditions of

11 probation and for appeal, however, discharge and dismissal

12 under this Section is not a conviction for purposes of

13 disqualification or disabilities imposed by law upon

14 conviction of a crime (including the additional penalty imposed

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

16 of this Act).

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 Illinois Controlled Substances Act, or the Methamphetamine

21 Control and Community Protection Act within 5 years subsequent

22 to a discharge and dismissal under this Section, the discharge

23 and dismissal under this Section shall be admissible in the

24 sentencing proceeding for that conviction as a factor in

25 aggravation.

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

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1 sentenced to probation under this Section, the court may refer

2 the person to the drug court established in that judicial

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

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

5 successfully completing a sentence of probation under this

6 Section and shall report the results of its evaluation to the

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

8 from a substance abuse problem that makes him or her

9 substantially unlikely to successfully complete a sentence of

10 probation under this Section, then the drug court shall set

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

12 person shall not be sentenced to probation under this Section,

13 but shall be considered for the drug court program.

14 (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)

15 Section 20. The Illinois Controlled Substances Act is

16 amended by changing Section 410 as follows:

17 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)

18 (Text of Section before amendment by P.A. 100-3)

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

20 been convicted of, or placed on probation or court supervision

21 for any offense under this Act or any law of the United States

22 or of any State relating to cannabis or controlled substances,

23 pleads guilty to or is found guilty of possession of a

24 controlled or counterfeit substance under subsection (c) of

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1 Section 402 or of unauthorized possession of prescription form

2 under Section 406.2, the court, without entering a judgment and

3 with the consent of such person, may sentence him or her to

4 probation.

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

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

7 and shall defer further proceedings in the case until the

8 conclusion of the period or until the filing of a petition

9 alleging violation of a term or condition of probation.

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

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

12 refrain from possessing a firearm or other dangerous weapon;

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

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

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

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

17 of community service, provided community service is available

18 in the jurisdiction and is funded and approved by the county

19 board. The court may give credit toward the fulfillment of

20 community service hours for participation in activities and

21 treatment as determined by court services.

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

23 that the person:

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

25 participate with the court or such courts, person, or

26 social service agency as directed by the court in the order

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1 of probation;

2 (2) pay a fine and costs;

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

4 training;

5 (4) undergo medical or psychiatric treatment; or

6 treatment or rehabilitation approved by the Illinois

7 Department of Human Services;

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

9 instruction or residence of defendants on probation;

10 (6) support his or her dependents;

11 (6-5) refrain from having in his or her body the

12 presence of any illicit drug prohibited by the Cannabis

13 Control Act, the Illinois Controlled Substances Act, or the

14 Methamphetamine Control and Community Protection Act,

15 unless prescribed by a physician, and submit samples of his

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

17 presence of any illicit drug;

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

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

20 home;

21 (ii) attend school;

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

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

24 or in a foster home.

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

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

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1 proceed as otherwise provided.

2 (f) Upon fulfillment of the terms and conditions of

3 probation, the court shall discharge the person and dismiss the

4 proceedings against him or her.

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

6 conviction for the purposes of imposing the conditions of

7 probation and for appeal, however, discharge and dismissal

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

9 or for purposes of disqualifications or disabilities imposed by

10 law upon conviction of a crime.

11 (h) There may be only one discharge and dismissal under

12 this Section, Section 10 of the Cannabis Control Act, Section

13 70 of the Methamphetamine Control and Community Protection Act,

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

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

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

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

18 the Cannabis Control Act, or the Methamphetamine Control and

19 Community Protection Act within 5 years subsequent to a

20 discharge and dismissal under this Section, the discharge and

21 dismissal under this Section shall be admissible in the

22 sentencing proceeding for that conviction as evidence in

23 aggravation.

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

25 sentenced to probation under this Section, the court may refer

26 the person to the drug court established in that judicial

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

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

3 successfully completing a sentence of probation under this

4 Section and shall report the results of its evaluation to the

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

6 from a substance abuse problem that makes him or her

7 substantially unlikely to successfully complete a sentence of

8 probation under this Section, then the drug court shall set

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

10 person shall not be sentenced to probation under this Section,

11 but may be considered for the drug court program.

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

13 (Text of Section after amendment by P.A. 100-3)

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

15 been convicted of any felony offense under this Act or any law

16 of the United States or of any State relating to cannabis or

17 controlled substances, pleads guilty to or is found guilty of

18 possession of a controlled or counterfeit substance under

19 subsection (c) of Section 402 or of unauthorized possession of

20 prescription form under Section 406.2, the court, without

21 entering a judgment and with the consent of such person, may

22 sentence him or her to probation.

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

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

25 and shall defer further proceedings in the case until the

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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;

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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

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LRB100 11093 RLC 30479 a

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) A person may not have more than one discharge and

5 dismissal under this Section within a 4-year period.

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

7 the Cannabis Control Act, or the Methamphetamine Control and

8 Community Protection Act within 5 years subsequent to a

9 discharge and dismissal under this Section, the discharge and

10 dismissal under this Section shall be admissible in the

11 sentencing proceeding for that conviction as evidence in

12 aggravation.

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

14 sentenced to probation under this Section, the court may refer

15 the person to the drug court established in that judicial

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

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

18 successfully completing a sentence of probation under this

19 Section and shall report the results of its evaluation to the

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

21 from a substance abuse problem that makes him or her

22 substantially unlikely to successfully complete a sentence of

23 probation under this Section, then the drug court shall set

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

25 person shall not be sentenced to probation under this Section,

26 but shall be considered for the drug court program.

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LRB100 11093 RLC 30479 a

1 (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)

2 Section 25. The Methamphetamine Control and Community

3 Protection Act is amended by changing Section 70 as follows:

4 (720 ILCS 646/70)

5 (Text of Section before amendment by P.A. 100-3)

6 Sec. 70. Probation.

7 (a) Whenever any person who has not previously been

8 convicted of, or placed on probation or court supervision for

9 any offense under this Act, the Illinois Controlled Substances

10 Act, the Cannabis Control Act, or any law of the United States

11 or of any state relating to cannabis or controlled substances,

12 pleads guilty to or is found guilty of possession of less than

13 15 grams of methamphetamine under paragraph (1) or (2) of

14 subsection (b) of Section 60 of this Act, the court, without

15 entering a judgment and with the consent of the person, may

16 sentence him or her to probation.

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

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

19 and shall defer further proceedings in the case until the

20 conclusion of the period or until the filing of a petition

21 alleging violation of a term or condition of probation.

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

23 (1) not violate any criminal statute of any

24 jurisdiction;

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LRB100 11093 RLC 30479 a

1 (2) refrain from possessing a firearm or other

2 dangerous weapon;

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

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

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

6 testing to be paid by the probationer; and

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

8 if community service is available in the jurisdiction and

9 is funded and approved by the county board.The court may

10 give credit toward the fulfillment of community service

11 hours for participation in activities and treatment as

12 determined by court services.

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

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

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

16 participate with the court or such courts, person, or

17 social service agency as directed by the court in the order

18 of probation;

19 (2) pay a fine and costs;

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

21 training;

22 (4) undergo medical or psychiatric treatment; or

23 treatment or rehabilitation approved by the Illinois

24 Department of Human Services;

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

26 instruction or residence of defendants on probation;

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LRB100 11093 RLC 30479 a

1 (6) support his or her dependents;

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

3 of any illicit drug prohibited by this Act, the Cannabis

4 Control Act, or the Illinois Controlled Substances Act,

5 unless prescribed by a physician, and submit samples of his

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

7 presence of any illicit drug; or

8 (8) if a minor:

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

10 home;

11 (ii) attend school;

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

13 or

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

15 or in a foster home.

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

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

18 proceed as otherwise provided.

19 (f) Upon fulfillment of the terms and conditions of

20 probation, the court shall discharge the person and dismiss the

21 proceedings against the person.

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

23 conviction for the purposes of imposing the conditions of

24 probation and for appeal, however, discharge and dismissal

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

26 or for purposes of disqualifications or disabilities imposed by

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LRB100 11093 RLC 30479 a

1 law upon conviction of a crime.

2 (h) There may be only one discharge and dismissal under

3 this Section, Section 410 of the Illinois Controlled Substances

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

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

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

7 Code of 2012 with respect to any person.

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

9 the Cannabis Control Act, or the Illinois Controlled Substances

10 Act within 5 years subsequent to a discharge and dismissal

11 under this Section, the discharge and dismissal under this

12 Section are admissible in the sentencing proceeding for that

13 conviction as evidence in aggravation.

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

15 sentenced to probation under this Section, the court may refer

16 the person to the drug court established in that judicial

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

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

19 successfully completing a sentence of probation under this

20 Section and shall report the results of its evaluation to the

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

22 from a substance abuse problem that makes him or her

23 substantially unlikely to successfully complete a sentence of

24 probation under this Section, then the drug court shall set

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

26 person shall not be sentenced to probation under this Section,

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LRB100 11093 RLC 30479 a

1 but may be considered for the drug court program.

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

3 (Text of Section after amendment by P.A. 100-3)

4 Sec. 70. Probation.

5 (a) Whenever any person who has not previously been

6 convicted of any felony offense under this Act, the Illinois

7 Controlled Substances Act, the Cannabis Control Act, or any law

8 of the United States or of any state relating to cannabis or

9 controlled substances, pleads guilty to or is found guilty of

10 possession of less than 15 grams of methamphetamine under

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

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

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

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

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

16 and shall defer further proceedings in the case until the

17 conclusion of the period or until the filing of a petition

18 alleging violation of a term or condition of probation.

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

20 (1) not violate any criminal statute of any

21 jurisdiction;

22 (2) refrain from possessing a firearm or other

23 dangerous weapon;

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

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

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LRB100 11093 RLC 30479 a

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

2 testing to be paid by the probationer; and

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

4 if community service is available in the jurisdiction and

5 is funded and approved by the county board.The court may

6 give credit toward the fulfillment of community service

7 hours for participation in activities and treatment as

8 determined by court services.

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

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

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

12 participate with the court or such courts, person, or

13 social service agency as directed by the court in the order

14 of probation;

15 (2) pay a fine and costs;

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

17 training;

18 (4) undergo medical or psychiatric treatment; or

19 treatment or rehabilitation approved by the Illinois

20 Department of Human Services;

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

22 instruction or residence of defendants on probation;

23 (6) support his or her dependents;

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

25 of any illicit drug prohibited by this Act, the Cannabis

26 Control Act, or the Illinois Controlled Substances Act,

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LRB100 11093 RLC 30479 a

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; or

4 (8) if a minor:

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

6 home;

7 (ii) attend school;

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

9 or

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

11 or in a foster home.

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

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

14 proceed as otherwise provided.

15 (f) Upon fulfillment of the terms and conditions of

16 probation, the court shall discharge the person and dismiss the

17 proceedings against the person.

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

19 conviction for the purposes of imposing the conditions of

20 probation and for appeal, however, discharge and dismissal

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

22 or for purposes of disqualifications or disabilities imposed by

23 law upon conviction of a crime.

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

25 dismissal under this Section within a 4-year period.

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

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LRB100 11093 RLC 30479 a

1 the Cannabis Control Act, or the Illinois Controlled Substances

2 Act within 5 years subsequent to a discharge and dismissal

3 under this Section, the discharge and dismissal under this

4 Section are admissible in the sentencing proceeding for that

5 conviction as evidence in 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 30. The Unified Code of Corrections is amended by

22 changing Sections 3-3-7, 3-6-3, 5-5-3, 5-6-3, 5-6-3.3,

23 5-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows:

24 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)

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1 (Text of Section before amendment by P.A. 100-260)

2 Sec. 3-3-7. Conditions of parole or mandatory supervised

3 release.

4 (a) The conditions of parole or mandatory supervised

5 release shall be such as the Prisoner Review Board deems

6 necessary to assist the subject in leading a law-abiding life.

7 The conditions of every parole and mandatory supervised release

8 are that the subject:

9 (1) not violate any criminal statute of any

10 jurisdiction during the parole or release term;

11 (2) refrain from possessing a firearm or other

12 dangerous weapon;

13 (3) report to an agent of the Department of

14 Corrections;

15 (4) permit the agent to visit him or her at his or her

16 home, employment, or elsewhere to the extent necessary for

17 the agent to discharge his or her duties;

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

19 instruction or residence of persons on parole or mandatory

20 supervised release;

21 (6) secure permission before visiting or writing a

22 committed person in an Illinois Department of Corrections

23 facility;

24 (7) report all arrests to an agent of the Department of

25 Corrections as soon as permitted by the arresting authority

26 but in no event later than 24 hours after release from

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1 custody and immediately report service or notification of

2 an order of protection, a civil no contact order, or a

3 stalking no contact order to an agent of the Department of

4 Corrections;

5 (7.5) if convicted of a sex offense as defined in the

6 Sex Offender Management Board Act, the individual shall

7 undergo and successfully complete sex offender treatment

8 conducted in conformance with the standards developed by

9 the Sex Offender Management Board Act by a treatment

10 provider approved by the Board;

11 (7.6) if convicted of a sex offense as defined in the

12 Sex Offender Management Board Act, refrain from residing at

13 the same address or in the same condominium unit or

14 apartment unit or in the same condominium complex or

15 apartment complex with another person he or she knows or

16 reasonably should know is a convicted sex offender or has

17 been placed on supervision for a sex offense; the

18 provisions of this paragraph do not apply to a person

19 convicted of a sex offense who is placed in a Department of

20 Corrections licensed transitional housing facility for sex

21 offenders, or is in any facility operated or licensed by

22 the Department of Children and Family Services or by the

23 Department of Human Services, or is in any licensed medical

24 facility;

25 (7.7) if convicted for an offense that would qualify

26 the accused as a sexual predator under the Sex Offender

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1 Registration Act on or after January 1, 2007 (the effective

2 date of Public Act 94-988), wear an approved electronic

3 monitoring device as defined in Section 5-8A-2 for the

4 duration of the person's parole, mandatory supervised

5 release term, or extended mandatory supervised release

6 term and if convicted for an offense of criminal sexual

7 assault, aggravated criminal sexual assault, predatory

8 criminal sexual assault of a child, criminal sexual abuse,

9 aggravated criminal sexual abuse, or ritualized abuse of a

10 child committed on or after August 11, 2009 (the effective

11 date of Public Act 96-236) when the victim was under 18

12 years of age at the time of the commission of the offense

13 and the defendant used force or the threat of force in the

14 commission of the offense wear an approved electronic

15 monitoring device as defined in Section 5-8A-2 that has

16 Global Positioning System (GPS) capability for the

17 duration of the person's parole, mandatory supervised

18 release term, or extended mandatory supervised release

19 term;

20 (7.8) if convicted for an offense committed on or after

21 June 1, 2008 (the effective date of Public Act 95-464) that

22 would qualify the accused as a child sex offender as

23 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

24 1961 or the Criminal Code of 2012, refrain from

25 communicating with or contacting, by means of the Internet,

26 a person who is not related to the accused and whom the

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LRB100 11093 RLC 30479 a

1 accused reasonably believes to be under 18 years of age;

2 for purposes of this paragraph (7.8), "Internet" has the

3 meaning ascribed to it in Section 16-0.1 of the Criminal

4 Code of 2012; and a person is not related to the accused if

5 the person is not: (i) the spouse, brother, or sister of

6 the accused; (ii) a descendant of the accused; (iii) a

7 first or second cousin of the accused; or (iv) a step-child

8 or adopted child of the accused;

9 (7.9) if convicted under Section 11-6, 11-20.1,

10 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or

11 the Criminal Code of 2012, consent to search of computers,

12 PDAs, cellular phones, and other devices under his or her

13 control that are capable of accessing the Internet or

14 storing electronic files, in order to confirm Internet

15 protocol addresses reported in accordance with the Sex

16 Offender Registration Act and compliance with conditions

17 in this Act;

18 (7.10) if convicted for an offense that would qualify

19 the accused as a sex offender or sexual predator under the

20 Sex Offender Registration Act on or after June 1, 2008 (the

21 effective date of Public Act 95-640), not possess

22 prescription drugs for erectile dysfunction;

23 (7.11) if convicted for an offense under Section 11-6,

24 11-9.1, 11-14.4 that involves soliciting for a juvenile

25 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

26 of the Criminal Code of 1961 or the Criminal Code of 2012,

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1 or any attempt to commit any of these offenses, committed

2 on or after June 1, 2009 (the effective date of Public Act

3 95-983):

4 (i) not access or use a computer or any other

5 device with Internet capability without the prior

6 written approval of the Department;

7 (ii) submit to periodic unannounced examinations

8 of the offender's computer or any other device with

9 Internet capability by the offender's supervising

10 agent, a law enforcement officer, or assigned computer

11 or information technology specialist, including the

12 retrieval and copying of all data from the computer or

13 device and any internal or external peripherals and

14 removal of such information, equipment, or device to

15 conduct a more thorough inspection;

16 (iii) submit to the installation on the offender's

17 computer or device with Internet capability, at the

18 offender'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 Board, the Department or the offender's

24 supervising agent;

25 (7.12) if convicted of a sex offense as defined in the

26 Sex Offender Registration Act committed on or after January

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1 1, 2010 (the effective date of Public Act 96-262), refrain

2 from accessing or using a social networking website as

3 defined in Section 17-0.5 of the Criminal Code of 2012;

4 (7.13) if convicted of a sex offense as defined in

5 Section 2 of the Sex Offender Registration Act committed on

6 or after January 1, 2010 (the effective date of Public Act

7 96-362) that requires the person to register as a sex

8 offender under that Act, may not knowingly use any computer

9 scrub software on any computer that the sex offender uses;

10 (8) obtain permission of an agent of the Department of

11 Corrections before leaving the State of Illinois;

12 (9) obtain permission of an agent of the Department of

13 Corrections before changing his or her residence or

14 employment;

15 (10) consent to a search of his or her person,

16 property, or residence under his or her control;

17 (11) refrain from the use or possession of narcotics or

18 other controlled substances in any form, or both, or any

19 paraphernalia related to those substances and submit to a

20 urinalysis test as instructed by a parole agent of the

21 Department of Corrections;

22 (12) not frequent places where controlled substances

23 are illegally sold, used, distributed, or administered;

24 (13) not knowingly associate with other persons on

25 parole or mandatory supervised release without prior

26 written permission of his or her parole agent, except when

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1 the association involves activities related to community

2 programs, worship services, volunteering, and engaging

3 families, and not associate with persons who are members of

4 an organized gang as that term is defined in the Illinois

5 Streetgang Terrorism Omnibus Prevention Act;

6 (14) provide true and accurate information, as it

7 relates to his or her adjustment in the community while on

8 parole or mandatory supervised release or to his or her

9 conduct while incarcerated, in response to inquiries by his

10 or her parole agent or of the Department of Corrections;

11 (15) follow any specific instructions provided by the

12 parole agent that are consistent with furthering

13 conditions set and approved by the Prisoner Review Board or

14 by law, exclusive of placement on electronic detention, to

15 achieve the goals and objectives of his or her parole or

16 mandatory supervised release or to protect the public.

17 These instructions by the parole agent may be modified at

18 any time, as the agent deems appropriate;

19 (16) if convicted of a sex offense as defined in

20 subsection (a-5) of Section 3-1-2 of this Code, unless the

21 offender is a parent or guardian of the person under 18

22 years of age present in the home and no non-familial minors

23 are present, not participate in a holiday event involving

24 children under 18 years of age, such as distributing candy

25 or other items to children on Halloween, wearing a Santa

26 Claus costume on or preceding Christmas, being employed as

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1 a department store Santa Claus, or wearing an Easter Bunny

2 costume on or preceding Easter;

3 (17) if convicted of a violation of an order of

4 protection under Section 12-3.4 or Section 12-30 of the

5 Criminal Code of 1961 or the Criminal Code of 2012, be

6 placed under electronic surveillance as provided in

7 Section 5-8A-7 of this Code;

8 (18) comply with the terms and conditions of an order

9 of protection issued pursuant to the Illinois Domestic

10 Violence Act of 1986; an order of protection issued by the

11 court of another state, tribe, or United States territory;

12 a no contact order issued pursuant to the Civil No Contact

13 Order Act; or a no contact order issued pursuant to the

14 Stalking No Contact Order Act; ~~and~~

15 (19) if convicted of a violation of the Methamphetamine

16 Control and Community Protection Act, the Methamphetamine

17 Precursor Control Act, or a methamphetamine related

18 offense, be:

19 (A) prohibited from purchasing, possessing, or

20 having under his or her control any product containing

21 pseudoephedrine unless prescribed by a physician; and

22 (B) prohibited from purchasing, possessing, or

23 having under his or her control any product containing

24 ammonium nitrate; and

25 (20) be evaluated by the Department of Corrections

26 prior to release using a validated risk assessment and be

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1 subject to a corresponding level of supervision. In

2 accordance with the findings of that evaluation:

3 (A) All subjects found to be at a moderate or high

4 risk to recidivate, or on parole or mandatory

5 supervised release for first degree murder, a Class X

6 felony, or a Class 1 felony violation of the Criminal

7 Code of 1961 or the Criminal Code of 2012, or any

8 felony that requires registration as a sex offender

9 under the Sex Offender Registration Act, shall be

10 subject to high level supervision. The Department

11 shall define high level supervision based upon

12 evidence-based and research-based practices.

13 Notwithstanding this placement on high level

14 supervision, placement of the subject on electronic

15 monitoring or detention shall not occur unless it is

16 required by law or expressly ordered or approved by the

17 Prisoner Review Board.

18 (B) All subjects found to be at a low risk to

19 recidivate shall be subject to low-level supervision,

20 except for those subjects on parole or mandatory

21 supervised release for first degree murder, a Class X

22 felony, or a Class 1 felony violation of the Criminal

23 Code of 1961 or the Criminal Code of 2012, or any

24 felony that requires registration as a sex offender

25 under the Sex Offender Registration Act. Low level

26 supervision shall require the subject to check in with

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1 the supervising officer via phone or other electronic

2 means. Notwithstanding this placement on low level

3 supervision, placement of the subject on electronic

4 monitoring or detention shall not occur unless it is

5 required by law or expressly ordered or approved by the

6 Prisoner Review Board.

7 (b) The Board may in addition to other conditions require

8 that the subject:

9 (1) work or pursue a course of study or vocational

10 training;

11 (2) undergo medical or psychiatric treatment, or

12 treatment for drug addiction or alcoholism;

13 (3) attend or reside in a facility established for the

14 instruction or residence of persons on probation or parole;

15 (4) support his or her dependents;

16 (5) (blank);

17 (6) (blank);

18 (7) (blank);

19 (7.5) if convicted for an offense committed on or after

20 the effective date of this amendatory Act of the 95th

21 General Assembly that would qualify the accused as a child

22 sex offender as defined in Section 11-9.3 or 11-9.4 of the

23 Criminal Code of 1961 or the Criminal Code of 2012, refrain

24 from communicating with or contacting, by means of the

25 Internet, a person who is related to the accused and whom

26 the accused reasonably believes to be under 18 years of

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1 age; for purposes of this paragraph (7.5), "Internet" has

2 the meaning ascribed to it in Section 16-0.1 of the

3 Criminal Code of 2012; and a person is related to the

4 accused if the person is: (i) the spouse, brother, or

5 sister of the accused; (ii) a descendant of the accused;

6 (iii) a first or second cousin of the accused; or (iv) a

7 step-child or adopted child of the accused;

8 (7.6) if convicted for an offense committed on or after

9 June 1, 2009 (the effective date of Public Act 95-983) that

10 would qualify as a sex offense as defined in the Sex

11 Offender Registration Act:

12 (i) not access or use a computer or any other

13 device with Internet capability without the prior

14 written approval of the Department;

15 (ii) submit to periodic unannounced examinations

16 of the offender's computer or any other device with

17 Internet capability by the offender's supervising

18 agent, a law enforcement officer, or assigned computer

19 or information technology specialist, including the

20 retrieval and copying of all data from the computer or

21 device and any internal or external peripherals and

22 removal of such information, equipment, or device to

23 conduct a more thorough inspection;

24 (iii) submit to the installation on the offender's

25 computer or device with Internet capability, at the

26 offender's expense, of one or more hardware or software

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1 systems to monitor the Internet use; and

2 (iv) submit to any other appropriate restrictions

3 concerning the offender's use of or access to a

4 computer or any other device with Internet capability

5 imposed by the Board, the Department or the offender's

6 supervising agent; and

7 (8) in addition, if a minor:

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

9 home;

10 (ii) attend school;

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

12 or

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

14 or in a foster home.

15 (b-1) In addition to the conditions set forth in

16 subsections (a) and (b), persons required to register as sex

17 offenders pursuant to the Sex Offender Registration Act, upon

18 release from the custody of the Illinois Department of

19 Corrections, may be required by the Board to comply with the

20 following specific conditions of release:

21 (1) reside only at a Department approved location;

22 (2) comply with all requirements of the Sex Offender

23 Registration Act;

24 (3) notify third parties of the risks that may be

25 occasioned by his or her criminal record;

26 (4) obtain the approval of an agent of the Department

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1 of Corrections prior to accepting employment or pursuing a

2 course of study or vocational training and notify the

3 Department prior to any change in employment, study, or

4 training;

5 (5) not be employed or participate in any volunteer

6 activity that involves contact with children, except under

7 circumstances approved in advance and in writing by an

8 agent of the Department of Corrections;

9 (6) be electronically monitored for a minimum of 12

10 months from the date of release as determined by the Board;

11 (7) refrain from entering into a designated geographic

12 area except upon terms approved in advance by an agent of

13 the Department of Corrections. The terms may include

14 consideration of the purpose of the entry, the time of day,

15 and others accompanying the person;

16 (8) refrain from having any contact, including written

17 or oral communications, directly or indirectly, personally

18 or by telephone, letter, or through a third party with

19 certain specified persons including, but not limited to,

20 the victim or the victim's family without the prior written

21 approval of an agent of the Department of Corrections;

22 (9) refrain from all contact, directly or indirectly,

23 personally, by telephone, letter, or through a third party,

24 with minor children without prior identification and

25 approval of an agent of the Department of Corrections;

26 (10) neither possess or have under his or her control

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1 any material that is sexually oriented, sexually

2 stimulating, or that shows male or female sex organs or any

3 pictures depicting children under 18 years of age nude or

4 any written or audio material describing sexual

5 intercourse or that depicts or alludes to sexual activity,

6 including but not limited to visual, auditory, telephonic,

7 or electronic media, or any matter obtained through access

8 to any computer or material linked to computer access use;

9 (11) not patronize any business providing sexually

10 stimulating or sexually oriented entertainment nor utilize

11 "900" or adult telephone numbers;

12 (12) not reside near, visit, or be in or about parks,

13 schools, day care centers, swimming pools, beaches,

14 theaters, or any other places where minor children

15 congregate without advance approval of an agent of the

16 Department of Corrections and immediately report any

17 incidental contact with minor children to the Department;

18 (13) not possess or have under his or her control

19 certain specified items of contraband related to the

20 incidence of sexually offending as determined by an agent

21 of the Department of Corrections;

22 (14) may be required to provide a written daily log of

23 activities if directed by an agent of the Department of

24 Corrections;

25 (15) comply with all other special conditions that the

26 Department may impose that restrict the person from

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1 high-risk situations and limit access to potential

2 victims;

3 (16) take an annual polygraph exam;

4 (17) maintain a log of his or her travel; or

5 (18) obtain prior approval of his or her parole officer

6 before driving alone in a motor vehicle.

7 (c) The conditions under which the parole or mandatory

8 supervised release is to be served shall be communicated to the

9 person in writing prior to his or her release, and he or she

10 shall sign the same before release. A signed copy of these

11 conditions, including a copy of an order of protection where

12 one had been issued by the criminal court, shall be retained by

13 the person and another copy forwarded to the officer in charge

14 of his or her supervision.

15 (d) After a hearing under Section 3-3-9, the Prisoner

16 Review Board may modify or enlarge the conditions of parole or

17 mandatory supervised release.

18 (e) The Department shall inform all offenders committed to

19 the Department of the optional services available to them upon

20 release and shall assist inmates in availing themselves of such

21 optional services upon their release on a voluntary basis.

22 (f) (Blank).

23 (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;

24 100-201, eff. 8-18-17.)

25 (Text of Section after amendment by P.A. 100-260)

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1 Sec. 3-3-7. Conditions of parole or mandatory supervised

2 release.

3 (a) The conditions of parole or mandatory supervised

4 release shall be such as the Prisoner Review Board deems

5 necessary to assist the subject in leading a law-abiding life.

6 The conditions of every parole and mandatory supervised release

7 are that the subject:

8 (1) not violate any criminal statute of any

9 jurisdiction during the parole or release term;

10 (2) refrain from possessing a firearm or other

11 dangerous weapon;

12 (3) report to an agent of the Department of

13 Corrections;

14 (4) permit the agent to visit him or her at his or her

15 home, employment, or elsewhere to the extent necessary for

16 the agent to discharge his or her duties;

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

18 instruction or residence of persons on parole or mandatory

19 supervised release;

20 (6) secure permission before visiting or writing a

21 committed person in an Illinois Department of Corrections

22 facility;

23 (7) report all arrests to an agent of the Department of

24 Corrections as soon as permitted by the arresting authority

25 but in no event later than 24 hours after release from

26 custody and immediately report service or notification of

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1 an order of protection, a civil no contact order, or a

2 stalking no contact order to an agent of the Department of

3 Corrections;

4 (7.5) if convicted of a sex offense as defined in the

5 Sex Offender Management Board Act, the individual shall

6 undergo and successfully complete sex offender treatment

7 conducted in conformance with the standards developed by

8 the Sex Offender Management Board Act by a treatment

9 provider approved by the Board;

10 (7.6) if convicted of a sex offense as defined in the

11 Sex Offender Management Board Act, refrain from residing at

12 the same address or in the same condominium unit or

13 apartment unit or in the same condominium complex or

14 apartment complex with another person he or she knows or

15 reasonably should know is a convicted sex offender or has

16 been placed on supervision for a sex offense; the

17 provisions of this paragraph do not apply to a person

18 convicted of a sex offense who is placed in a Department of

19 Corrections licensed transitional housing facility for sex

20 offenders, or is in any facility operated or licensed by

21 the Department of Children and Family Services or by the

22 Department of Human Services, or is in any licensed medical

23 facility;

24 (7.7) if convicted for an offense that would qualify

25 the accused as a sexual predator under the Sex Offender

26 Registration Act on or after January 1, 2007 (the effective

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LRB100 11093 RLC 30479 a

1 date of Public Act 94-988), wear an approved electronic

2 monitoring device as defined in Section 5-8A-2 for the

3 duration of the person's parole, mandatory supervised

4 release term, or extended mandatory supervised release

5 term and if convicted for an offense of criminal sexual

6 assault, aggravated criminal sexual assault, predatory

7 criminal sexual assault of a child, criminal sexual abuse,

8 aggravated criminal sexual abuse, or ritualized abuse of a

9 child committed on or after August 11, 2009 (the effective

10 date of Public Act 96-236) when the victim was under 18

11 years of age at the time of the commission of the offense

12 and the defendant used force or the threat of force in the

13 commission of the offense wear an approved electronic

14 monitoring device as defined in Section 5-8A-2 that has

15 Global Positioning System (GPS) capability for the

16 duration of the person's parole, mandatory supervised

17 release term, or extended mandatory supervised release

18 term;

19 (7.8) if convicted for an offense committed on or after

20 June 1, 2008 (the effective date of Public Act 95-464) that

21 would qualify the accused as a child sex offender as

22 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

23 1961 or the Criminal Code of 2012, refrain from

24 communicating with or contacting, by means of the Internet,

25 a person who is not related to the accused and whom the

26 accused reasonably believes to be under 18 years of age;

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1 for purposes of this paragraph (7.8), "Internet" has the

2 meaning ascribed to it in Section 16-0.1 of the Criminal

3 Code of 2012; and a person is not related to the accused if

4 the person is not: (i) the spouse, brother, or sister of

5 the accused; (ii) a descendant of the accused; (iii) a

6 first or second cousin of the accused; or (iv) a step-child

7 or adopted child of the accused;

8 (7.9) if convicted under Section 11-6, 11-20.1,

9 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or

10 the Criminal Code of 2012, consent to search of computers,

11 PDAs, cellular phones, and other devices under his or her

12 control that are capable of accessing the Internet or

13 storing electronic files, in order to confirm Internet

14 protocol addresses reported in accordance with the Sex

15 Offender Registration Act and compliance with conditions

16 in this Act;

17 (7.10) if convicted for an offense that would qualify

18 the accused as a sex offender or sexual predator under the

19 Sex Offender Registration Act on or after June 1, 2008 (the

20 effective date of Public Act 95-640), not possess

21 prescription drugs for erectile dysfunction;

22 (7.11) if convicted for an offense under Section 11-6,

23 11-9.1, 11-14.4 that involves soliciting for a juvenile

24 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

25 of the Criminal Code of 1961 or the Criminal Code of 2012,

26 or any attempt to commit any of these offenses, committed

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LRB100 11093 RLC 30479 a

1 on or after June 1, 2009 (the effective date of Public Act

2 95-983):

3 (i) not access or use a computer or any other

4 device with Internet capability without the prior

5 written approval of the Department;

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 supervising

9 agent, a law enforcement officer, or assigned computer

10 or information technology specialist, including the

11 retrieval and copying of all data from the computer or

12 device and any internal or external peripherals and

13 removal of such information, equipment, or device to

14 conduct a more thorough inspection;

15 (iii) submit to the installation on the offender's

16 computer or device with Internet capability, at the

17 offender's expense, of one or more hardware or software

18 systems to monitor the Internet use; and

19 (iv) submit to any other appropriate restrictions

20 concerning the offender's use of or access to a

21 computer or any other device with Internet capability

22 imposed by the Board, the Department or the offender's

23 supervising agent;

24 (7.12) if convicted of a sex offense as defined in the

25 Sex Offender Registration Act committed on or after January

26 1, 2010 (the effective date of Public Act 96-262), refrain

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1 from accessing or using a social networking website as

2 defined in Section 17-0.5 of the Criminal Code of 2012;

3 (7.13) if convicted of a sex offense as defined in

4 Section 2 of the Sex Offender Registration Act committed on

5 or after January 1, 2010 (the effective date of Public Act

6 96-362) that requires the person to register as a sex

7 offender under that Act, may not knowingly use any computer

8 scrub software on any computer that the sex offender uses;

9 (8) obtain permission of an agent of the Department of

10 Corrections before leaving the State of Illinois;

11 (9) obtain permission of an agent of the Department of

12 Corrections before changing his or her residence or

13 employment;

14 (10) consent to a search of his or her person,

15 property, or residence under his or her control;

16 (11) refrain from the use or possession of narcotics or

17 other controlled substances in any form, or both, or any

18 paraphernalia related to those substances and submit to a

19 urinalysis test as instructed by a parole agent of the

20 Department of Corrections;

21 (12) not frequent places where controlled substances

22 are illegally sold, used, distributed, or administered;

23 (13) not knowingly associate with other persons on

24 parole or mandatory supervised release without prior

25 written permission of his or her parole agent, except when

26 the association involves activities related to community

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LRB100 11093 RLC 30479 a

1 programs, worship services, volunteering, and engaging

2 families, and not associate with persons who are members of

3 an organized gang as that term is defined in the Illinois

4 Streetgang Terrorism Omnibus Prevention Act;

5 (14) provide true and accurate information, as it

6 relates to his or her adjustment in the community while on

7 parole or mandatory supervised release or to his or her

8 conduct while incarcerated, in response to inquiries by his

9 or her parole agent or of the Department of Corrections;

10 (15) follow any specific instructions provided by the

11 parole agent that are consistent with furthering

12 conditions set and approved by the Prisoner Review Board or

13 by law, exclusive of placement on electronic detention, to

14 achieve the goals and objectives of his or her parole or

15 mandatory supervised release or to protect the public.

16 These instructions by the parole agent may be modified at

17 any time, as the agent deems appropriate;

18 (16) if convicted of a sex offense as defined in

19 subsection (a-5) of Section 3-1-2 of this Code, unless the

20 offender is a parent or guardian of the person under 18

21 years of age present in the home and no non-familial minors

22 are present, not participate in a holiday event involving

23 children under 18 years of age, such as distributing candy

24 or other items to children on Halloween, wearing a Santa

25 Claus costume on or preceding Christmas, being employed as

26 a department store Santa Claus, or wearing an Easter Bunny

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LRB100 11093 RLC 30479 a

1 costume on or preceding Easter;

2 (17) if convicted of a violation of an order of

3 protection under Section 12-3.4 or Section 12-30 of the

4 Criminal Code of 1961 or the Criminal Code of 2012, be

5 placed under electronic surveillance as provided in

6 Section 5-8A-7 of this Code;

7 (18) comply with the terms and conditions of an order

8 of protection issued pursuant to the Illinois Domestic

9 Violence Act of 1986; an order of protection issued by the

10 court of another state, tribe, or United States territory;

11 a no contact order issued pursuant to the Civil No Contact

12 Order Act; or a no contact order issued pursuant to the

13 Stalking No Contact Order Act;

14 (19) if convicted of a violation of the Methamphetamine

15 Control and Community Protection Act, the Methamphetamine

16 Precursor Control Act, or a methamphetamine related

17 offense, be:

18 (A) prohibited from purchasing, possessing, or

19 having under his or her control any product containing

20 pseudoephedrine unless prescribed by a physician; and

21 (B) prohibited from purchasing, possessing, or

22 having under his or her control any product containing

23 ammonium nitrate; ~~and~~

24 (20) if convicted of a hate crime under Section 12-7.1

25 of the Criminal Code of 2012, perform public or community

26 service of no less than 200 hours and enroll in an

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LRB100 11093 RLC 30479 a

1 educational program discouraging hate crimes 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 ordered by the court; and

5 (21) be evaluated by the Department of Corrections

6 prior to release using a validated risk assessment and be

7 subject to a corresponding level of supervision. In

8 accordance with the findings of that evaluation:

9 (A) All subjects found to be at a moderate or high

10 risk to recidivate, or on parole or mandatory

11 supervised release for first degree murder, a Class X

12 felony, or a Class 1 felony violation of the Criminal

13 Code of 1961 or the Criminal Code of 2012, or any

14 felony that requires registration as a sex offender

15 under the Sex Offender Registration Act, shall be

16 subject to high level supervision. The Department

17 shall define high level supervision based upon

18 evidence-based and research-based practices.

19 Notwithstanding this placement on high level

20 supervision, placement of the subject on electronic

21 monitoring or detention shall not occur unless it is

22 required by law or expressly ordered or approved by the

23 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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LRB100 11093 RLC 30479 a

1 supervised release for first degree murder, a Class X

2 felony, or a Class 1 felony violation of the Criminal

3 Code of 1961 or the Criminal Code of 2012, or any

4 felony that requires registration as a sex offender

5 under the Sex Offender Registration Act. Low level

6 supervision shall require the subject to check in with

7 the supervising officer via phone or other electronic

8 means. Notwithstanding this placement on low level

9 supervision, placement of the subject on electronic

10 monitoring or detention shall not occur unless it is

11 required by law or expressly ordered or approved by the

12 Prisoner Review Board.

13 (b) The Board may in addition to other conditions require

14 that the subject:

15 (1) work or pursue a course of study or vocational

16 training;

17 (2) undergo medical or psychiatric treatment, or

18 treatment for drug addiction or alcoholism;

19 (3) attend or reside in a facility established for the

20 instruction or residence of persons on probation or parole;

21 (4) support his or her dependents;

22 (5) (blank);

23 (6) (blank);

24 (7) (blank);

25 (7.5) if convicted for an offense committed on or after

26 the effective date of this amendatory Act of the 95th

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LRB100 11093 RLC 30479 a

1 General Assembly that would qualify the accused as a child

2 sex offender as defined in Section 11-9.3 or 11-9.4 of the

3 Criminal Code of 1961 or the Criminal Code of 2012, refrain

4 from communicating with or contacting, by means of the

5 Internet, a person who is related to the accused and whom

6 the accused reasonably believes to be under 18 years of

7 age; for purposes of this paragraph (7.5), "Internet" has

8 the meaning ascribed to it in Section 16-0.1 of the

9 Criminal Code of 2012; and a person is related to the

10 accused if the person is: (i) the spouse, brother, or

11 sister of the accused; (ii) a descendant of the accused;

12 (iii) a first or second cousin of the accused; or (iv) a

13 step-child or adopted child of the accused;

14 (7.6) if convicted for an offense committed on or after

15 June 1, 2009 (the effective date of Public Act 95-983) that

16 would qualify as a sex offense as defined in the Sex

17 Offender Registration Act:

18 (i) not access or use a computer or any other

19 device with Internet capability without the prior

20 written approval of the Department;

21 (ii) submit to periodic unannounced examinations

22 of the offender's computer or any other device with

23 Internet capability by the offender's supervising

24 agent, a law enforcement officer, or assigned computer

25 or information technology specialist, including the

26 retrieval and copying of all data from the computer or

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LRB100 11093 RLC 30479 a

1 device and any internal or external peripherals and

2 removal of such information, equipment, or device to

3 conduct a more thorough inspection;

4 (iii) submit to the installation on the offender's

5 computer or device with Internet capability, at the

6 offender's expense, of one or more hardware or software

7 systems to monitor the Internet use; and

8 (iv) submit to any other appropriate restrictions

9 concerning the offender's use of or access to a

10 computer or any other device with Internet capability

11 imposed by the Board, the Department or the offender's

12 supervising agent; and

13 (8) in addition, if a minor:

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

15 home;

16 (ii) attend school;

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

18 or

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

20 or in a foster home.

21 (b-1) In addition to the conditions set forth in

22 subsections (a) and (b), persons required to register as sex

23 offenders pursuant to the Sex Offender Registration Act, upon

24 release from the custody of the Illinois Department of

25 Corrections, may be required by the Board to comply with the

26 following specific conditions of release:

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1 (1) reside only at a Department approved location;

2 (2) comply with all requirements of the Sex Offender

3 Registration Act;

4 (3) notify third parties of the risks that may be

5 occasioned by his or her criminal record;

6 (4) obtain the approval of an agent of the Department

7 of Corrections prior to accepting employment or pursuing a

8 course of study or vocational training and notify the

9 Department prior to any change in employment, study, or

10 training;

11 (5) not be employed or participate in any volunteer

12 activity that involves contact with children, except under

13 circumstances approved in advance and in writing by an

14 agent of the Department of Corrections;

15 (6) be electronically monitored for a minimum of 12

16 months from the date of release as determined by the Board;

17 (7) refrain from entering into a designated geographic

18 area except upon terms approved in advance by an agent of

19 the Department of Corrections. The terms may include

20 consideration of the purpose of the entry, the time of day,

21 and others accompanying the person;

22 (8) refrain from having any contact, including written

23 or oral communications, directly or indirectly, personally

24 or by telephone, letter, or through a third party with

25 certain specified persons including, but not limited to,

26 the victim or the victim's family without the prior written

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1 approval of an agent of the Department of Corrections;

2 (9) refrain from all contact, directly or indirectly,

3 personally, by telephone, letter, or through a third party,

4 with minor children without prior identification and

5 approval of an agent of the Department of Corrections;

6 (10) neither possess or have under his or her control

7 any material that is sexually oriented, sexually

8 stimulating, or that shows male or female sex organs or any

9 pictures depicting children under 18 years of age nude or

10 any written or audio material describing sexual

11 intercourse or that depicts or alludes to sexual activity,

12 including but not limited to visual, auditory, telephonic,

13 or electronic media, or any matter obtained through access

14 to any computer or material linked to computer access use;

15 (11) not patronize any business providing sexually

16 stimulating or sexually oriented entertainment nor utilize

17 "900" or adult telephone numbers;

18 (12) not reside near, visit, or be in or about parks,

19 schools, day care centers, swimming pools, beaches,

20 theaters, or any other places where minor children

21 congregate without advance approval of an agent of the

22 Department of Corrections and immediately report any

23 incidental contact with minor children to the Department;

24 (13) not possess or have under his or her control

25 certain specified items of contraband related to the

26 incidence of sexually offending as determined by an agent

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1 of the Department of Corrections;

2 (14) may be required to provide a written daily log of

3 activities if directed by an agent of the Department of

4 Corrections;

5 (15) comply with all other special conditions that the

6 Department may impose that restrict the person from

7 high-risk situations and limit access to potential

8 victims;

9 (16) take an annual polygraph exam;

10 (17) maintain a log of his or her travel; or

11 (18) obtain prior approval of his or her parole officer

12 before driving alone in a motor vehicle.

13 (c) The conditions under which the parole or mandatory

14 supervised release is to be served shall be communicated to the

15 person in writing prior to his or her release, and he or she

16 shall sign the same before release. A signed copy of these

17 conditions, including a copy of an order of protection where

18 one had been issued by the criminal court, shall be retained by

19 the person and another copy forwarded to the officer in charge

20 of his or her supervision.

21 (d) After a hearing under Section 3-3-9, the Prisoner

22 Review Board may modify or enlarge the conditions of parole or

23 mandatory supervised release.

24 (e) The Department shall inform all offenders committed to

25 the Department of the optional services available to them upon

26 release and shall assist inmates in availing themselves of such

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1 optional services upon their release on a voluntary basis.

2 (f) (Blank).

3 (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;

4 100-201, eff. 8-18-17; 100-260, eff. 1-1-18.)

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

6 (Text of Section from P.A. 99-642)

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

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

9 and regulations for awarding and revoking sentence credit for

10 persons committed to the Department which shall be subject to

11 review by the Prisoner Review Board.

12 (1.5) As otherwise provided by law, sentence credit may be

13 awarded for the following:

14 (A) successful completion of programming while in

15 custody of the Department or while in custody prior to

16 sentencing;

17 (B) compliance with the rules and regulations of the

18 Department; or

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

20 or service to the State.

21 (2) The rules and regulations on sentence credit shall

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

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

24 1998 or with respect to the offense listed in clause (iv) of

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

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

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

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

4 offense of being an armed habitual criminal committed on or

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

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

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

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

9 offense of aggravated domestic battery committed on or after

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

11 with respect to the offense of attempt to commit terrorism

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

13 Public Act 97-990), the following:

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

15 imprisonment for first degree murder or for the offense of

16 terrorism shall receive no sentence credit and shall serve

17 the entire sentence imposed by the court;

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

19 commit terrorism, attempt to commit first degree murder,

20 solicitation of murder, solicitation of murder for hire,

21 intentional homicide of an unborn child, predatory

22 criminal sexual assault of a child, aggravated criminal

23 sexual assault, criminal sexual assault, aggravated

24 kidnapping, aggravated battery with a firearm as described

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

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

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

2 being an armed habitual criminal, aggravated battery of a

3 senior citizen as described in Section 12-4.6 or

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

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

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

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

8 her sentence of imprisonment;

9 (iii) that a prisoner serving a sentence for home

10 invasion, armed robbery, aggravated vehicular hijacking,

11 aggravated discharge of a firearm, or armed violence with a

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

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

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

15 conviction for the enumerated offense resulted in great

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

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

18 sentence of imprisonment;

19 (iv) that a prisoner serving a sentence for aggravated

20 discharge of a firearm, whether or not the conduct leading

21 to conviction for the offense resulted in great bodily harm

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

23 sentence credit for each month of his or her sentence of

24 imprisonment;

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

26 narcotics racketeering, controlled substance trafficking,

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1 methamphetamine trafficking, drug-induced homicide,

2 aggravated methamphetamine-related child endangerment,

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

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

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

6 of a controlled substance, possession of a controlled

7 substance with intent to manufacture or deliver,

8 calculated criminal drug conspiracy, criminal drug

9 conspiracy, street gang criminal drug conspiracy,

10 participation in methamphetamine manufacturing, aggravated

11 participation in methamphetamine manufacturing, delivery

12 of methamphetamine, possession with intent to deliver

13 methamphetamine, aggravated delivery of methamphetamine,

14 aggravated possession with intent to deliver

15 methamphetamine, methamphetamine conspiracy when the

16 substance containing the controlled substance or

17 methamphetamine is 100 grams or more shall receive no more

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

19 sentence of imprisonment;

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

21 subsequent offense of luring a minor shall receive no more

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

23 her sentence of imprisonment; and

24 (vii) that a prisoner serving a sentence for aggravated

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

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

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

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

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

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

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

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

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

11 96-1224), and other than the offense of aggravated driving

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

13 intoxicating compound or compounds, or any combination thereof

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

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

16 than 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 as defined in

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

20 11-501 of the Illinois Vehicle Code committed on or after

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

22 rules and regulations shall provide that a prisoner who is

23 serving a term of imprisonment shall receive one day of

24 sentence credit for each day of his or her sentence of

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

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

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

2 (2.2) A prisoner serving a term of natural life

3 imprisonment or a prisoner who has been sentenced to death

4 shall receive no sentence credit.

5 (2.3) The rules and regulations on sentence credit shall

6 provide that a prisoner who is serving a sentence for

7 aggravated driving under the influence of alcohol, other drug

8 or drugs, or intoxicating compound or compounds, or any

9 combination thereof as defined in subparagraph (F) of paragraph

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

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

12 for each month of his or her sentence of imprisonment.

13 (2.4) The rules and regulations on sentence credit shall

14 provide with respect to the offenses of aggravated battery with

15 a machine gun or a firearm equipped with any device or

16 attachment designed or used for silencing the report of a

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

18 equipped with any device or attachment designed or used for

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

20 15, 1999 (the effective date of Public Act 91-121), that a

21 prisoner serving a sentence for any of these offenses shall

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

23 of his or her sentence of imprisonment.

24 (2.5) The rules and regulations on sentence credit shall

25 provide that a prisoner who is serving a sentence for

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

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

2 4.5 days of sentence credit for each month of his or her

3 sentence of imprisonment.

4 (2.6) The rules and regulations on sentence credit shall

5 provide that a prisoner who is serving a sentence for

6 aggravated driving under the influence of alcohol, other drug

7 or drugs, or intoxicating compound or compounds or any

8 combination thereof as defined in subparagraph (C) of paragraph

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

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

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

12 sentence credit for each month of his or her sentence of

13 imprisonment.

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

15 Director may award up to 180 days additional sentence credit

16 for good conduct in specific instances as the Director deems

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

18 compliance with the rules and regulations of the Department,

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

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

21 90 days of sentence credit for good conduct to any prisoner who

22 is serving a sentence for conviction of first degree murder,

23 reckless homicide while under the influence of alcohol or any

24 other drug, or aggravated driving under the influence of

25 alcohol, other drug or drugs, or intoxicating compound or

26 compounds, or any combination thereof as defined in

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

2 11-501 of the Illinois Vehicle Code, aggravated kidnapping,

3 kidnapping, predatory criminal sexual assault of a child,

4 aggravated criminal sexual assault, criminal sexual assault,

5 deviate sexual assault, aggravated criminal sexual abuse,

6 aggravated indecent liberties with a child, indecent liberties

7 with a child, child pornography, heinous battery as described

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

9 aggravated battery of a spouse, aggravated battery of a spouse

10 with a firearm, stalking, aggravated stalking, aggravated

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

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

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

14 foregoing, sentence credit for good conduct shall not be

15 awarded on a sentence of imprisonment imposed for conviction

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

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

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

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

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

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

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

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

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

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

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

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1 influence of alcohol, other drug or drugs, or intoxicating

2 compound or compounds, or any combination thereof as defined in

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

4 11-501 of the Illinois Vehicle Code, (iii) one of the offenses

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

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

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

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

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

10 to commitment under the Sexually Violent Persons Commitment

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

12 other drug or drugs, or intoxicating compound or compounds or

13 any combination thereof as defined in subparagraph (C) of

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

15 Illinois Vehicle Code committed on or after January 1, 2011

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

17 Eligible inmates for an award of sentence credit under this

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

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

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

21 available risk assessment analysis on the inmate, any history

22 of conviction for violent crimes as defined by the Rights of

23 Crime Victims and Witnesses Act, facts and circumstances of the

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

25 rehabilitation.

26 The Director shall not award sentence credit under this

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

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

3 paragraph shall be construed to permit the Director to extend

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

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

6 Director shall make a written determination that the inmate:

7 (A) is eligible for the sentence credit;

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

9 days as the sentence will allow; and

10 (C) has met the eligibility criteria established by

11 rule.

12 The Director shall determine the form and content of the

13 written determination required in this subsection.

14 (3.5) The Department shall provide annual written reports

15 to the Governor and the General Assembly on the award of

16 sentence credit for good conduct, with the first report due

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

18 its website within 48 hours of transmitting the reports to the

19 Governor and the General Assembly. The reports must include:

20 (A) the number of inmates awarded sentence credit for

21 good conduct;

22 (B) the average amount of sentence credit for good

23 conduct awarded;

24 (C) the holding offenses of inmates awarded sentence

25 credit for good conduct; and

26 (D) the number of sentence credit for good conduct

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1 revocations.

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

3 sentence credit accumulated and retained under paragraph (2.1)

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

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

6 substance abuse programs, correctional industry assignments,

7 educational programs, behavior modification programs, life

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

9 under this paragraph (4) and satisfactorily completes the

10 assigned program as determined by the standards of the

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

12 participation before August 11, 1993 and 1.50 for program

13 participation on or after that date. The rules and regulations

14 shall also provide that sentence credit, subject to the same

15 offense limits and multiplier provided in this paragraph, may

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

17 prior to his or her current commitment to the Department of

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

19 longer substance abuse program, educational program, behavior

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

21 provided by the county department of corrections or county

22 jail. Calculation of this county program credit shall be done

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

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

25 shall be eligible for the additional sentence credit under this

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

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

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

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

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

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

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

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

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

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

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

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

12 or if convicted of aggravated driving under the influence of

13 alcohol, other drug or drugs, or intoxicating compound or

14 compounds or any combination thereof as defined in subparagraph

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

16 Illinois Vehicle Code, or if convicted of aggravated driving

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

18 intoxicating compound or compounds or any combination thereof

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

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

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

22 96-1230), or if convicted of an offense enumerated in paragraph

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

24 1999 (the effective date of Public Act 91-121), or first degree

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

26 criminal sexual abuse, aggravated criminal sexual abuse,

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1 aggravated battery with a firearm as described in Section

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

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

4 the same or substantially the same elements, or any inchoate

5 offenses relating to the foregoing offenses. No inmate shall be

6 eligible for the additional good conduct credit under this

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

8 conduct credit under this paragraph (4) and has subsequently

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

10 than one prior sentence of imprisonment for a felony in an

11 adult correctional facility.

12 Educational, vocational, substance abuse, behavior

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

14 and correctional industry programs under which sentence credit

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

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

17 the basis of documented standards. The Department shall report

18 the results of these evaluations to the Governor and the

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

20 shall include data relating to the recidivism rate among

21 program participants.

22 Availability of these programs shall be subject to the

23 limits of fiscal resources appropriated by the General Assembly

24 for these purposes. Eligible inmates who are denied immediate

25 admission shall be placed on a waiting list under criteria

26 established by the Department. The inability of any inmate to

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1 become engaged in any such programs by reason of insufficient

2 program resources or for any other reason established under the

3 rules and regulations of the Department shall not be deemed a

4 cause of action under which the Department or any employee or

5 agent of the Department shall be liable for damages to the

6 inmate.

7 (4.1) The rules and regulations shall also provide that an

8 additional 90 days of sentence credit shall be awarded to any

9 prisoner who passes high school equivalency testing while the

10 prisoner is committed to the Department of Corrections. The

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

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

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

14 pursuant to the guidelines and restrictions set forth in

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

16 credit provided for in this paragraph shall be available only

17 to those prisoners who have not previously earned a high school

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

19 award of the high school equivalency testing sentence credit

20 has been made, the Department determines that the prisoner was

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

22 may also award 90 days of sentence credit to any committed

23 person who passed high school equivalency testing while he or

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

25 commitment to the Department of Corrections.

26 (4.5) The rules and regulations on sentence credit shall

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1 also provide that when the court's sentencing order recommends

2 a prisoner for substance abuse treatment and the crime was

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

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

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

6 he or she participates in and completes a substance abuse

7 treatment program. The Director may waive the requirement to

8 participate in or complete a substance abuse treatment program

9 and award the sentence credit in specific instances if the

10 prisoner is not a good candidate for a substance abuse

11 treatment program for medical, programming, or operational

12 reasons. Availability of substance abuse treatment shall be

13 subject to the limits of fiscal resources appropriated by the

14 General Assembly for these purposes. If treatment is not

15 available and the requirement to participate and complete the

16 treatment has not been waived by the Director, the prisoner

17 shall be placed on a waiting list under criteria established by

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

19 waiting list to participate in and complete a substance abuse

20 education class or attend substance abuse self-help meetings in

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

22 waiting list who is not placed in a substance abuse program

23 prior to release may be eligible for a waiver and receive

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

25 discretion of the Director.

26 (4.6) The rules and regulations on sentence credit shall

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

2 offense as defined in Section 2 of the Sex Offender

3 Registration Act shall receive no sentence credit unless he or

4 she either has successfully completed or is participating in

5 sex offender treatment as defined by the Sex Offender

6 Management Board. However, prisoners who are waiting to receive

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

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

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

10 rate as the Director shall determine.

11 (5) Whenever the Department is to release any inmate

12 earlier than it otherwise would because of a grant of sentence

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

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

15 Department shall give reasonable notice of the impending

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

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

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

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

20 Department must also make identification information and a

21 recent photo of the inmate being released accessible on the

22 Internet by means of a hyperlink labeled "Community

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

24 Wide Web homepage. The identification information shall

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

26 physical characteristics, commitment offense and county where

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1 conviction was imposed. The identification information shall

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

3 and the information may not be removed until either: completion

4 of the first year of mandatory supervised release or return of

5 the inmate to custody of the Department.

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

7 several convictions, with separate sentences, the sentences

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

9 forfeiting of sentence credit.

10 (c) The Department shall prescribe rules and regulations

11 for revoking sentence credit, including revoking sentence

12 credit awarded for good conduct under paragraph (3) of

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

14 rules and regulations for suspending or reducing the rate of

15 accumulation of sentence credit for specific rule violations,

16 during imprisonment. These rules and regulations shall provide

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

18 credit for any one infraction.

19 When the Department seeks to revoke, suspend or reduce the

20 rate of accumulation of any sentence credits for an alleged

21 infraction of its rules, it shall bring charges therefor

22 against the prisoner sought to be so deprived of sentence

23 credits before the Prisoner Review Board as provided in

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

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

26 month period, the cumulative amount of credit revoked exceeds

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1 30 days except where the infraction is committed or discovered

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

3 Department of Corrections may revoke up to 30 days of sentence

4 credit. The Board may subsequently approve the revocation of

5 additional sentence credit, if the Department seeks to revoke

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

7 not be empowered to review the Department's decision with

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

9 calendar year for any prisoner or to increase any penalty

10 beyond the length requested by the Department.

11 The Director of the Department of Corrections, in

12 appropriate cases, may restore up to 30 days of sentence

13 credits which have been revoked, suspended or reduced. Any

14 restoration of sentence credits in excess of 30 days shall be

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

16 Board may not restore sentence credit in excess of the amount

17 requested by the Director.

18 Nothing contained in this Section shall prohibit the

19 Prisoner Review Board from ordering, pursuant to Section

20 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

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

22 accumulation of sentence credit.

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

24 federal court against the State, the Department of Corrections,

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

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

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

2 frivolous, the Department of Corrections shall conduct a

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

4 charges against the prisoner sought to be deprived of the

5 sentence credits before the Prisoner Review Board as provided

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

7 prisoner has not accumulated 180 days of sentence credit at the

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

9 all sentence credit accumulated by the prisoner.

10 For purposes of this subsection (d):

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

12 filing which purports to be a legal document filed by a

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

14 following criteria:

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

16 fact;

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

18 such as to harass or to cause unnecessary delay or

19 needless increase in the cost of litigation;

20 (C) the claims, defenses, and other legal

21 contentions therein are not warranted by existing law

22 or by a nonfrivolous argument for the extension,

23 modification, or reversal of existing law or the

24 establishment of new law;

25 (D) the allegations and other factual contentions

26 do not have evidentiary support or, if specifically so

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1 identified, are not likely to have evidentiary support

2 after a reasonable opportunity for further

3 investigation or discovery; or

4 (E) the denials of factual contentions are not

5 warranted on the evidence, or if specifically so

6 identified, are not reasonably based on a lack of

7 information or belief.

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

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

10 action under Article X of the Code of Civil Procedure or

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

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

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

14 subsequent petition for post-conviction relief under

15 Article 122 of the Code of Criminal Procedure of 1963

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

17 subsequent petition for relief from judgment under Section

18 2-1401 of the Code of Civil Procedure.

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

20 validity of Public Act 89-404.

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

22 has been convicted of a violation of an order of protection

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

24 the Criminal Code of 2012, earlier than it otherwise would

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

26 condition of release, shall require that the person, upon

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1 release, be placed under electronic surveillance as provided in

2 Section 5-8A-7 of this Code.

3 (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,

4 eff. 7-28-16; 100-3, eff. 1-1-18.)

5 (Text of Section from P.A. 99-938 and 100-3)

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

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

8 and regulations for awarding and revoking sentence credit for

9 persons committed to the Department which shall be subject to

10 review by the Prisoner Review Board.

11 (1.5) As otherwise provided by law, sentence credit may be

12 awarded for the following:

13 (A) successful completion of programming while in

14 custody of the Department or while in custody prior to

15 sentencing;

16 (B) compliance with the rules and regulations of the

17 Department; or

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

19 or service to the State.

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

21 subsection (a), the rules and regulations on sentence credit

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

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

24 19, 1998 or with respect to the offense listed in clause (iv)

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

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