98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5672

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1.1`	`from Ch. 38, par. 24-1.1`
`720 ILCS 5/24-1.6`
`720 ILCS 5/24-1.8`
`730 ILCS 5/3-6-3`	`from Ch. 38, par. 1003-6-3`
`730 ILCS 5/5-5-3`	`from Ch. 38, par. 1005-5-3`
`730 ILCS 5/5-8-1.2`

Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, and unlawful possession of a firearm by a street gang member. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a prisoner serving a sentence for aggravated unlawful use of a weapon, except for a first offense or a first offense in which the offender is at least 18 years of age and illegally carries or possesses a firearm without being issued a currently valid Firearm Owner's Identification Card, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or

possession of weapons by felons, or
persons in the custody of the

Department of Corrections facilities, aggravated unlawful use of a weapon

by a person who has been previously
convicted of a felony in this State or

another jurisdiction, or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by changing

5 Sections 24-1.1, 24-1.6, and 24-1.8 as follows:

6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

7 Sec. 24-1.1. Unlawful Use or Possession of Weapons by

8 Felons or Persons in the Custody of the Department of

9 Corrections Facilities.

10 (a) It is unlawful for a person to knowingly possess on or

11 about his person or on his land or in his own abode or fixed

12 place of business any weapon prohibited under Section 24-1 of

13 this Act or any firearm or any firearm ammunition if the person

14 has been convicted of a felony under the laws of this State or

15 any other jurisdiction. This Section shall not apply if the

16 person has been granted relief by the Director of the

17 Department of State Police under Section 10 of the Firearm

18 Owners Identification Card Act.

19 (b) It is unlawful for any person confined in a penal

20 institution, which is a facility of the Illinois Department of

21 Corrections, to possess any weapon prohibited under Section

22 24-1 of this Code or any firearm or firearm ammunition,

23 regardless of the intent with which he possesses it.

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1 (c) It shall be an affirmative defense to a violation of

2 subsection (b), that such possession was specifically

3 authorized by rule, regulation, or directive of the Illinois

4 Department of Corrections or order issued pursuant thereto.

5 (d) The defense of necessity is not available to a person

6 who is charged with a violation of subsection (b) of this

7 Section.

8 (e) Sentence. Violation of this Section by a person not

9 confined in a penal institution shall be a Class 3 felony for

10 which the person shall be sentenced to no less than 3 ~~2~~ years

11 and no more than 10 years and any second or subsequent

12 violation shall be a Class 2 felony for which the person shall

13 be sentenced to a term of imprisonment of not less than 4 ~~3~~

14 years and not more than 14 years. Violation of this Section by

15 a person not confined in a penal institution who has been

16 convicted of a forcible felony, a felony violation of Article

17 24 of this Code or of the Firearm Owners Identification Card

18 Act, stalking or aggravated stalking, or a Class 2 or greater

19 felony under the Illinois Controlled Substances Act, the

20 Cannabis Control Act, or the Methamphetamine Control and

21 Community Protection Act is a Class 2 felony for which the

22 person shall be sentenced to not less than4 ~~3~~ years and not

23 more than 14 years. Violation of this Section by a person who

24 is on parole or mandatory supervised release is a Class 2

25 felony for which the person shall be sentenced to not less than

26 4 ~~3~~years and not more than 14 years. Violation of this Section

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1 by a person not confined in a penal institution is a Class X

2 felony when the firearm possessed is a machine gun. Any person

3 who violates this Section while confined in a penal

4 institution, which is a facility of the Illinois Department of

5 Corrections, is guilty of a Class 1 felony, if he possesses any

6 weapon prohibited under Section 24-1 of this Code regardless of

7 the intent with which he possesses it, a Class X felony if he

8 possesses any firearm, firearm ammunition or explosive, and a

9 Class X felony for which the offender shall be sentenced to not

10 less than 12 years and not more than 50 years when the firearm

11 possessed is a machine gun. A violation of this Section while

12 wearing or in possession of body armor as defined in Section

13 33F-1 is a Class X felony punishable by a term of imprisonment

14 of not less than 10 years and not more than 40 years. The

15 possession of each firearm or firearm ammunition in violation

16 of this Section constitutes a single and separate violation. A

17 sentence of county impact incarceration under Section 5-8-1.2

18 of the Unified Code of Corrections is not authorized for a

19 violation of this Section.

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

21 (720 ILCS 5/24-1.6)

22 Sec. 24-1.6. Aggravated unlawful use of a weapon.

23 (a) A person commits the offense of aggravated unlawful use

24 of a weapon when he or she knowingly:

25 (1) Carries on or about his or her person or in any

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1 vehicle or concealed on or about his or her person except

2 when on his or her land or in his or her abode, legal

3 dwelling, or fixed place of business, or on the land or in

4 the legal dwelling of another person as an invitee with

5 that person's permission, any pistol, revolver, stun gun or

6 taser or other firearm; or

7 (2) Carries or possesses on or about his or her person,

8 upon any public street, alley, or other public lands within

9 the corporate limits of a city, village or incorporated

10 town, except when an invitee thereon or therein, for the

11 purpose of the display of such weapon or the lawful

12 commerce in weapons, or except when on his or her own land

13 or in his or her own abode, legal dwelling, or fixed place

14 of business, or on the land or in the legal dwelling of

15 another person as an invitee with that person's permission,

16 any pistol, revolver, stun gun or taser or other firearm;

17 and

18 (3) One of the following factors is present:

19 (A) the firearm, other than a pistol, revolver, or

20 handgun, possessed was uncased, loaded, and

21 immediately accessible at the time of the offense; or

22 (A-5) the pistol, revolver, or handgun possessed

23 was uncased, loaded, and immediately accessible at the

24 time of the offense and the person possessing the

25 pistol, revolver, or handgun has not been issued a

26 currently valid license under the Firearm Concealed

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1 Carry Act; or

2 (B) the firearm, other than a pistol, revolver, or

3 handgun, possessed was uncased, unloaded, and the

4 ammunition for the weapon was immediately accessible

5 at the time of the offense; or

6 (B-5) the pistol, revolver, or handgun possessed

7 was uncased, unloaded, and the ammunition for the

8 weapon was immediately accessible at the time of the

9 offense and the person possessing the pistol,

10 revolver, or handgun has not been issued a currently

11 valid license under the Firearm Concealed Carry Act; or

12 (C) the person possessing the firearm has not been

13 issued a currently valid Firearm Owner's

14 Identification Card; or

15 (D) the person possessing the weapon was

16 previously adjudicated a delinquent minor under the

17 Juvenile Court Act of 1987 for an act that if committed

18 by an adult would be a felony; or

19 (E) the person possessing the weapon was engaged in

20 a misdemeanor violation of the Cannabis Control Act, in

21 a misdemeanor violation of the Illinois Controlled

22 Substances Act, or in a misdemeanor violation of the

23 Methamphetamine Control and Community Protection Act;

24 or

25 (F) (blank); or

26 (G) the person possessing the weapon had a order of

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1 protection issued against him or her within the

2 previous 2 years; or

3 (H) the person possessing the weapon was engaged in

4 the commission or attempted commission of a

5 misdemeanor involving the use or threat of violence

6 against the person or property of another; or

7 (I) the person possessing the weapon was under 21

8 years of age and in possession of a handgun, unless the

9 person under 21 is engaged in lawful activities under

10 the Wildlife Code or described in subsection

11 24-2(b)(1), (b)(3), or 24-2(f).

12 (a-5) "Handgun" as used in this Section has the meaning

13 given to it in Section 5 of the Firearm Concealed Carry Act.

14 (b) "Stun gun or taser" as used in this Section has the

15 same definition given to it in Section 24-1 of this Code.

16 (c) This Section does not apply to or affect the

17 transportation or possession of weapons that:

18 (i) are broken down in a non-functioning state; or

19 (ii) are not immediately accessible; or

20 (iii) are unloaded and enclosed in a case, firearm

21 carrying box, shipping box, or other container by a person

22 who has been issued a currently valid Firearm Owner's

23 Identification Card.

24 (d) Sentence.

25 (1) Aggravated unlawful use of a weapon is a Class 4

26 felony; a second or subsequent offense is a Class 2 felony

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1 for which the person shall be sentenced to a term of

2 imprisonment of not less than 4 ~~3~~ years and not more than

3 10 ~~7~~ years.

4 (2) Except as otherwise provided in paragraphs (3) and

5 (4) of this subsection (d), a first offense of aggravated

6 unlawful use of a weapon committed with a firearm by a

7 person 18 years of age or older where the factors listed in

8 both items (A) and (C) or both items (A-5) and (C) of

9 paragraph (3) of subsection (a) are present is a Class 4

10 felony, for which the person shall be sentenced to a term

11 of imprisonment of not less than one year and not more than

12 3 years.

13 (3) Aggravated unlawful use of a weapon by a person who

14 has been previously convicted of a felony in this State or

15 another jurisdiction is a Class 2 felony for which the

16 person shall be sentenced to a term of imprisonment of not

17 less than 4 ~~3~~ years and not more than 10 ~~7~~ years. A

18 sentence of county impact incarceration under Section

19 5-8-1.2 of the Unified Code of Corrections is not

20 authorized for a violation of this paragraph (3).

21 (4) Aggravated unlawful use of a weapon while wearing

22 or in possession of body armor as defined in Section 33F-1

23 by a person who has not been issued a valid Firearms

24 Owner's Identification Card in accordance with Section 5 of

25 the Firearm Owners Identification Card Act is a Class X

26 felony.

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1 (e) The possession of each firearm in violation of this

2 Section constitutes a single and separate violation.

3 (Source: P.A. 98-63, eff. 7-9-13.)

4 (720 ILCS 5/24-1.8)

5 Sec. 24-1.8. Unlawful possession of a firearm by a street

6 gang member.

7 (a) A person commits unlawful possession of a firearm by a

8 street gang member when he or she knowingly:

9 (1) possesses, carries, or conceals on or about his or

10 her person a firearm and firearm ammunition while on any

11 street, road, alley, gangway, sidewalk, or any other lands,

12 except when inside his or her own abode or inside his or

13 her fixed place of business, and has not been issued a

14 currently valid Firearm Owner's Identification Card and is

15 a member of a street gang; or

16 (2) possesses or carries in any vehicle a firearm and

17 firearm ammunition which are both immediately accessible

18 at the time of the offense while on any street, road,

19 alley, or any other lands, except when inside his or her

20 own abode or garage, and has not been issued a currently

21 valid Firearm Owner's Identification Card and is a member

22 of a street gang.

23 (b) Unlawful possession of a firearm by a street gang

24 member is a Class 2 felony for which the person, if sentenced

25 to a term of imprisonment, shall be sentenced to no less than 4

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1 ~~3~~ years and no more than 10 years. A period of probation, a

2 term of periodic imprisonment or conditional discharge shall

3 not be imposed for the offense of unlawful possession of a

4 firearm by a street gang member when the firearm was loaded or

5 contained firearm ammunition and the court shall sentence the

6 offender to not less than the minimum term of imprisonment

7 authorized for the Class 2 felony. A sentence of county impact

8 incarceration under Section 5-8-1.2 of the Unified Code of

9 Corrections is not authorized for a violation of this Section.

10 (c) For purposes of this Section:

11 "Street gang" or "gang" has the meaning ascribed to it

12 in Section 10 of the Illinois Streetgang Terrorism Omnibus

13 Prevention Act.

14 "Street gang member" or "gang member" has the meaning

15 ascribed to it in Section 10 of the Illinois Streetgang

16 Terrorism Omnibus Prevention Act.

17 (Source: P.A. 96-829, eff. 12-3-09.)

18 Section 10. The Unified Code of Corrections is amended by

19 changing Sections 3-6-3, 5-5-3, and 5-8-1.2 as follows:

20 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

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

22 (a) (1) The Department of Corrections shall prescribe

23 rules and regulations for awarding and revoking sentence

24 credit for persons committed to the Department which shall

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1 be subject to review by the Prisoner Review Board.

2 (1.5) As otherwise provided by law, sentence credit may

3 be awarded for the following:

4 (A) successful completion of programming while in

5 custody of the Department or while in custody prior to

6 sentencing;

7 (B) compliance with the rules and regulations of

8 the Department; or

9 (C) service to the institution, service to a

10 community, or service to the State.

11 (2) The rules and regulations on sentence credit shall

12 provide, with respect to offenses listed in clause (i),

13 (ii), or (iii) of this paragraph (2) committed on or after

14 June 19, 1998 or with respect to the offense listed in

15 clause (iv) of this paragraph (2) committed on or after

16 June 23, 2005 (the effective date of Public Act 94-71) or

17 with respect to offense listed in clause (vi) committed on

18 or after June 1, 2008 (the effective date of Public Act

19 95-625) or with respect to the offense of being an armed

20 habitual criminal committed on or after August 2, 2005 (the

21 effective date of Public Act 94-398) or with respect to the

22 offenses listed in clause (v) of this paragraph (2)

23 committed on or after August 13, 2007 (the effective date

24 of Public Act 95-134) or with respect to the offense of

25 aggravated domestic battery committed on or after July 23,

26 2010 (the effective date of Public Act 96-1224) or with

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1 respect to the offense of attempt to commit terrorism

2 committed on or after January 1, 2013 (the effective date

3 of Public Act 97-990) or with respect to offenses listed in

4 clause (viii) committed on or after the effective date of

5 this amendatory Act of the 98th General Assembly, the

6 following:

7 (i) that a prisoner who is serving a term of

8 imprisonment for first degree murder or for the offense

9 of terrorism shall receive no sentence credit and shall

10 serve the entire sentence imposed by the court;

11 (ii) that a prisoner serving a sentence for attempt

12 to commit terrorism, attempt to commit first degree

13 murder, solicitation of murder, solicitation of murder

14 for hire, intentional homicide of an unborn child,

15 predatory criminal sexual assault of a child,

16 aggravated criminal sexual assault, criminal sexual

17 assault, aggravated kidnapping, aggravated battery

18 with a firearm as described in Section 12-4.2 or

19 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

20 Section 12-3.05, heinous battery as described in

21 Section 12-4.1 or subdivision (a)(2) of Section

22 12-3.05, being an armed habitual criminal, aggravated

23 battery of a senior citizen as described in Section

24 12-4.6 or subdivision (a)(4) of Section 12-3.05, or

25 aggravated battery of a child as described in Section

26 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall

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1 receive no more than 4.5 days of sentence credit for

2 each month of his or her sentence of imprisonment;

3 (iii) that a prisoner serving a sentence for home

4 invasion, armed robbery, aggravated vehicular

5 hijacking, aggravated discharge of a firearm, or armed

6 violence with a category I weapon or category II

7 weapon, when the court has made and entered a finding,

8 pursuant to subsection (c-1) of Section 5-4-1 of this

9 Code, that the conduct leading to conviction for the

10 enumerated offense resulted in great bodily harm to a

11 victim, shall receive no more than 4.5 days of sentence

12 credit for each month of his or her sentence of

13 imprisonment;

14 (iv) that a prisoner serving a sentence for

15 aggravated discharge of a firearm, whether or not the

16 conduct leading to conviction for the offense resulted

17 in great bodily harm to the victim, shall receive no

18 more than 4.5 days of sentence credit for each month of

19 his or her sentence of imprisonment;

20 (v) that a person serving a sentence for

21 gunrunning, narcotics racketeering, controlled

22 substance trafficking, methamphetamine trafficking,

23 drug-induced homicide, aggravated

24 methamphetamine-related child endangerment, money

25 laundering pursuant to clause (c) (4) or (5) of Section

26 29B-1 of the Criminal Code of 1961 or the Criminal Code

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1 of 2012, or a Class X felony conviction for delivery of

2 a controlled substance, possession of a controlled

3 substance with intent to manufacture or deliver,

4 calculated criminal drug conspiracy, criminal drug

5 conspiracy, street gang criminal drug conspiracy,

6 participation in methamphetamine manufacturing,

7 aggravated participation in methamphetamine

8 manufacturing, delivery of methamphetamine, possession

9 with intent to deliver methamphetamine, aggravated

10 delivery of methamphetamine, aggravated possession

11 with intent to deliver methamphetamine,

12 methamphetamine conspiracy when the substance

13 containing the controlled substance or methamphetamine

14 is 100 grams or more shall receive no more than 7.5

15 days sentence credit for each month of his or her

16 sentence of imprisonment;

17 (vi) that a prisoner serving a sentence for a

18 second or subsequent offense of luring a minor shall

19 receive no more than 4.5 days of sentence credit for

20 each month of his or her sentence of imprisonment; ~~and~~

21 (vii) that a prisoner serving a sentence for

22 aggravated domestic battery shall receive no more than

23 4.5 days of sentence credit for each month of his or

24 her sentence of imprisonment; and

25 (viii) that a prisoner serving a sentence for a

26 violation of Section 24-1.1, 24-1.6, except for a

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1 sentence for a first offense under paragraph (1) of

2 subsection (d) of Section 24-1.6 or a sentence under

3 paragraph (2) of subsection (d) of Section 24-1.6, or

4 24-1.8 of the Criminal Code of 2012 shall receive no

5 more than 4.5 days of sentence credit for each month of

6 his or her sentence of imprisonment.

7 (2.1) For all offenses, other than those enumerated in

8 subdivision (a)(2)(i), (ii), or (iii) committed on or after

9 June 19, 1998 or subdivision (a)(2)(iv) committed on or

10 after June 23, 2005 (the effective date of Public Act

11 94-71) or subdivision (a)(2)(v) committed on or after

12 August 13, 2007 (the effective date of Public Act 95-134)

13 or subdivision (a)(2)(vi) committed on or after June 1,

14 2008 (the effective date of Public Act 95-625) or

15 subdivision (a)(2)(vii) committed on or after July 23, 2010

16 (the effective date of Public Act 96-1224), and other than

17 the offense of aggravated driving under the influence of

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

19 compounds, or any combination thereof as defined in

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

21 Section 11-501 of the Illinois Vehicle Code, and other than

22 the offense of aggravated driving under the influence of

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

24 compounds, or any combination thereof as defined in

25 subparagraph (C) of paragraph (1) of subsection (d) of

26 Section 11-501 of the Illinois Vehicle Code committed on or

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1 after January 1, 2011 (the effective date of Public Act

2 96-1230), the rules and regulations shall provide that a

3 prisoner who is serving a term of imprisonment shall

4 receive one day of sentence credit for each day of his or

5 her sentence of imprisonment or recommitment under Section

6 3-3-9. Each day of sentence credit shall reduce by one day

7 the prisoner's period of imprisonment or recommitment

8 under Section 3-3-9.

9 (2.2) A prisoner serving a term of natural life

10 imprisonment or a prisoner who has been sentenced to death

11 shall receive no sentence credit.

12 (2.3) The rules and regulations on sentence credit

13 shall provide that a prisoner who is serving a sentence for

14 aggravated driving under the influence of alcohol, other

15 drug or drugs, or intoxicating compound or compounds, or

16 any combination thereof as defined in subparagraph (F) of

17 paragraph (1) of subsection (d) of Section 11-501 of the

18 Illinois Vehicle Code, shall receive no more than 4.5 days

19 of sentence credit for each month of his or her sentence of

20 imprisonment.

21 (2.4) The rules and regulations on sentence credit

22 shall provide with respect to the offenses of aggravated

23 battery with a machine gun or a firearm equipped with any

24 device or attachment designed or used for silencing the

25 report of a firearm or aggravated discharge of a machine

26 gun or a firearm equipped with any device or attachment

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1 designed or used for silencing the report of a firearm,

2 committed on or after July 15, 1999 (the effective date of

3 Public Act 91-121), that a prisoner serving a sentence for

4 any of these offenses shall receive no more than 4.5 days

5 of sentence credit for each month of his or her sentence of

6 imprisonment.

7 (2.5) The rules and regulations on sentence credit

8 shall provide that a prisoner who is serving a sentence for

9 aggravated arson committed on or after July 27, 2001 (the

10 effective date of Public Act 92-176) shall receive no more

11 than 4.5 days of sentence credit for each month of his or

12 her sentence of imprisonment.

13 (2.6) The rules and regulations on sentence credit

14 shall provide that a prisoner who is serving a sentence for

15 aggravated driving under the influence of alcohol, other

16 drug or drugs, or intoxicating compound or compounds or any

17 combination thereof as defined in subparagraph (C) of

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

19 Illinois Vehicle Code committed on or after January 1, 2011

20 (the effective date of Public Act 96-1230) shall receive no

21 more than 4.5 days of sentence credit for each month of his

22 or her sentence of imprisonment.

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

24 the Director may award up to 180 days additional sentence

25 credit for good conduct in specific instances as the

26 Director deems proper. The good conduct may include, but is

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1 not limited to, compliance with the rules and regulations

2 of the Department, service to the Department, service to a

3 community, or service to the State. However, the Director

4 shall not award more than 90 days of sentence credit for

5 good conduct to any prisoner who is serving a sentence for

6 conviction of first degree murder, reckless homicide while

7 under the influence of alcohol or any other drug, or

8 aggravated driving under the influence of alcohol, other

9 drug or drugs, or intoxicating compound or compounds, or

10 any combination thereof as defined in subparagraph (F) of

11 paragraph (1) of subsection (d) of Section 11-501 of the

12 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

13 predatory criminal sexual assault of a child, aggravated

14 criminal sexual assault, criminal sexual assault, deviate

15 sexual assault, aggravated criminal sexual abuse,

16 aggravated indecent liberties with a child, indecent

17 liberties with a child, child pornography, heinous battery

18 as described in Section 12-4.1 or subdivision (a)(2) of

19 Section 12-3.05, aggravated battery of a spouse,

20 aggravated battery of a spouse with a firearm, stalking,

21 aggravated stalking, aggravated battery of a child as

22 described in Section 12-4.3 or subdivision (b)(1) of

23 Section 12-3.05, endangering the life or health of a child,

24 or cruelty to a child. Notwithstanding the foregoing,

25 sentence credit for good conduct shall not be awarded on a

26 sentence of imprisonment imposed for conviction of: (i) one

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1 of the offenses enumerated in subdivision (a)(2)(i), (ii),

2 or (iii) when the offense is committed on or after June 19,

3 1998 or subdivision (a)(2)(iv) when the offense is

4 committed on or after June 23, 2005 (the effective date of

5 Public Act 94-71) or subdivision (a)(2)(v) when the offense

6 is committed on or after August 13, 2007 (the effective

7 date of Public Act 95-134) or subdivision (a)(2)(vi) when

8 the offense is committed on or after June 1, 2008 (the

9 effective date of Public Act 95-625) or subdivision

10 (a)(2)(vii) when the offense is committed on or after July

11 23, 2010 (the effective date of Public Act 96-1224), (ii)

12 aggravated driving under the influence of alcohol, other

13 drug or drugs, or intoxicating compound or compounds, or

14 any combination thereof as defined in subparagraph (F) of

15 paragraph (1) of subsection (d) of Section 11-501 of the

16 Illinois Vehicle Code, (iii) one of the offenses enumerated

17 in subdivision (a)(2.4) when the offense is committed on or

18 after July 15, 1999 (the effective date of Public Act

19 91-121), (iv) aggravated arson when the offense is

20 committed on or after July 27, 2001 (the effective date of

21 Public Act 92-176), (v) offenses that may subject the

22 offender to commitment under the Sexually Violent Persons

23 Commitment Act, or (vi) aggravated driving under the

24 influence of alcohol, other drug or drugs, or intoxicating

25 compound or compounds or any combination thereof as defined

26 in subparagraph (C) of paragraph (1) of subsection (d) of

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1 Section 11-501 of the Illinois Vehicle Code committed on or

2 after January 1, 2011 (the effective date of Public Act

3 96-1230).

4 Eligible inmates for an award of sentence credit under this

5 paragraph (3) may be selected to receive the credit at the

6 Director's or his or her designee's sole discretion.

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

8 available risk assessment analysis on the inmate, any history

9 of conviction for violent crimes as defined by the Rights of

10 Crime Victims and Witnesses Act, facts and circumstances of the

11 inmate's holding offense or offenses, and the potential for

12 rehabilitation.

13 The Director shall not award sentence credit under this

14 paragraph (3) to an inmate unless the inmate has served a

15 minimum of 60 days of the sentence; except nothing in this

16 paragraph shall be construed to permit the Director to extend

17 an inmate's sentence beyond that which was imposed by the

18 court. Prior to awarding credit under this paragraph (3), the

19 Director shall make a written determination that the inmate:

20 (A) is eligible for the sentence credit;

21 (B) has served a minimum of 60 days, or as close to

22 60 days as the sentence will allow; and

23 (C) has met the eligibility criteria established

24 by rule.

25 The Director shall determine the form and content of

26 the written determination required in this subsection.

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1 (3.5) The Department shall provide annual written

2 reports to the Governor and the General Assembly on the

3 award of sentence credit for good conduct, with the first

4 report due January 1, 2014. The Department must publish

5 both reports on its website within 48 hours of transmitting

6 the reports to the Governor and the General Assembly. The

7 reports must include:

8 (A) the number of inmates awarded sentence credit

9 for good conduct;

10 (B) the average amount of sentence credit for good

11 conduct awarded;

12 (C) the holding offenses of inmates awarded

13 sentence credit for good conduct; and

14 (D) the number of sentence credit for good conduct

15 revocations.

16 (4) The rules and regulations shall also provide that

17 the sentence credit accumulated and retained under

18 paragraph (2.1) of subsection (a) of this Section by any

19 inmate during specific periods of time in which such inmate

20 is engaged full-time in substance abuse programs,

21 correctional industry assignments, educational programs,

22 behavior modification programs, life skills courses, or

23 re-entry planning provided by the Department under this

24 paragraph (4) and satisfactorily completes the assigned

25 program as determined by the standards of the Department,

26 shall be multiplied by a factor of 1.25 for program

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1 participation before August 11, 1993 and 1.50 for program

2 participation on or after that date. The rules and

3 regulations shall also provide that sentence credit,

4 subject to the same offense limits and multiplier provided

5 in this paragraph, may be provided to an inmate who was

6 held in pre-trial detention prior to his or her current

7 commitment to the Department of Corrections and

8 successfully completed a full-time, 60-day or longer

9 substance abuse program, educational program, behavior

10 modification program, life skills course, or re-entry

11 planning provided by the county department of corrections

12 or county jail. Calculation of this county program credit

13 shall be done at sentencing as provided in Section

14 5-4.5-100 of this Code and shall be included in the

15 sentencing order. However, no inmate shall be eligible for

16 the additional sentence credit under this paragraph (4) or

17 (4.1) of this subsection (a) while assigned to a boot camp

18 or electronic detention, or if convicted of an offense

19 enumerated in subdivision (a)(2)(i), (ii), or (iii) of this

20 Section that is committed on or after June 19, 1998 or

21 subdivision (a)(2)(iv) of this Section that is committed on

22 or after June 23, 2005 (the effective date of Public Act

23 94-71) or subdivision (a)(2)(v) of this Section that is

24 committed on or after August 13, 2007 (the effective date

25 of Public Act 95-134) or subdivision (a)(2)(vi) when the

26 offense is committed on or after June 1, 2008 (the

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1 effective date of Public Act 95-625) or subdivision

2 (a)(2)(vii) when the offense is committed on or after July

3 23, 2010 (the effective date of Public Act 96-1224), or if

4 convicted of aggravated driving under the influence of

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

6 compounds or any combination thereof as defined in

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

8 Section 11-501 of the Illinois Vehicle Code, or if

9 convicted of aggravated driving under the influence of

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

11 compounds or any combination thereof as defined in

12 subparagraph (C) of paragraph (1) of subsection (d) of

13 Section 11-501 of the Illinois Vehicle Code committed on or

14 after January 1, 2011 (the effective date of Public Act

15 96-1230), or if convicted of an offense enumerated in

16 paragraph (a)(2.4) of this Section that is committed on or

17 after July 15, 1999 (the effective date of Public Act

18 91-121), or first degree murder, a Class X felony, criminal

19 sexual assault, felony criminal sexual abuse, aggravated

20 criminal sexual abuse, aggravated battery with a firearm as

21 described in Section 12-4.2 or subdivision (e)(1), (e)(2),

22 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or

23 successor offenses with the same or substantially the same

24 elements, or any inchoate offenses relating to the

25 foregoing offenses. No inmate shall be eligible for the

26 additional good conduct credit under this paragraph (4) who

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1 (i) has previously received increased good conduct credit

2 under this paragraph (4) and has subsequently been

3 convicted of a felony, or (ii) has previously served more

4 than one prior sentence of imprisonment for a felony in an

5 adult correctional facility.

6 Educational, vocational, substance abuse, behavior

7 modification programs, life skills courses, re-entry

8 planning, and correctional industry programs under which

9 sentence credit may be increased under this paragraph (4)

10 and paragraph (4.1) of this subsection (a) shall be

11 evaluated by the Department on the basis of documented

12 standards. The Department shall report the results of these

13 evaluations to the Governor and the General Assembly by

14 September 30th of each year. The reports shall include data

15 relating to the recidivism rate among program

16 participants.

17 Availability of these programs shall be subject to the

18 limits of fiscal resources appropriated by the General

19 Assembly for these purposes. Eligible inmates who are

20 denied immediate admission shall be placed on a waiting

21 list under criteria established by the Department. The

22 inability of any inmate to become engaged in any such

23 programs by reason of insufficient program resources or for

24 any other reason established under the rules and

25 regulations of the Department shall not be deemed a cause

26 of action under which the Department or any employee or

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1 agent of the Department shall be liable for damages to the

2 inmate.

3 (4.1) The rules and regulations shall also provide that

4 an additional 60 days of sentence credit shall be awarded

5 to any prisoner who passes the high school level Test of

6 General Educational Development (GED) while the prisoner

7 is committed to the Department of Corrections. The sentence

8 credit awarded under this paragraph (4.1) shall be in

9 addition to, and shall not affect, the award of sentence

10 credit under any other paragraph of this Section, but shall

11 also be pursuant to the guidelines and restrictions set

12 forth in paragraph (4) of subsection (a) of this Section.

13 The sentence credit provided for in this paragraph shall be

14 available only to those prisoners who have not previously

15 earned a high school diploma or a GED. If, after an award

16 of the GED sentence credit has been made and the Department

17 determines that the prisoner was not eligible, then the

18 award shall be revoked. The Department may also award 60

19 days of sentence credit to any committed person who passed

20 the high school level Test of General Educational

21 Development (GED) while he or she was held in pre-trial

22 detention prior to the current commitment to the Department

23 of Corrections.

24 (4.5) The rules and regulations on sentence credit

25 shall also provide that when the court's sentencing order

26 recommends a prisoner for substance abuse treatment and the

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1 crime was committed on or after September 1, 2003 (the

2 effective date of Public Act 93-354), the prisoner shall

3 receive no sentence credit awarded under clause (3) of this

4 subsection (a) unless he or she participates in and

5 completes a substance abuse treatment program. The

6 Director may waive the requirement to participate in or

7 complete a substance abuse treatment program and award the

8 sentence credit in specific instances if the prisoner is

9 not a good candidate for a substance abuse treatment

10 program for medical, programming, or operational reasons.

11 Availability of substance abuse treatment shall be subject

12 to the limits of fiscal resources appropriated by the

13 General Assembly for these purposes. If treatment is not

14 available and the requirement to participate and complete

15 the treatment has not been waived by the Director, the

16 prisoner shall be placed on a waiting list under criteria

17 established by the Department. The Director may allow a

18 prisoner placed on a waiting list to participate in and

19 complete a substance abuse education class or attend

20 substance abuse self-help meetings in lieu of a substance

21 abuse treatment program. A prisoner on a waiting list who

22 is not placed in a substance abuse program prior to release

23 may be eligible for a waiver and receive sentence credit

24 under clause (3) of this subsection (a) at the discretion

25 of the Director.

26 (4.6) The rules and regulations on sentence credit

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1 shall also provide that a prisoner who has been convicted

2 of a sex offense as defined in Section 2 of the Sex

3 Offender Registration Act shall receive no sentence credit

4 unless he or she either has successfully completed or is

5 participating in sex offender treatment as defined by the

6 Sex Offender Management Board. However, prisoners who are

7 waiting to receive treatment, but who are unable to do so

8 due solely to the lack of resources on the part of the

9 Department, may, at the Director's sole discretion, be

10 awarded sentence credit at a rate as the Director shall

11 determine.

12 (5) Whenever the Department is to release any inmate

13 earlier than it otherwise would because of a grant of

14 sentence credit for good conduct under paragraph (3) of

15 subsection (a) of this Section given at any time during the

16 term, the Department shall give reasonable notice of the

17 impending release not less than 14 days prior to the date

18 of the release to the State's Attorney of the county where

19 the prosecution of the inmate took place, and if

20 applicable, the State's Attorney of the county into which

21 the inmate will be released. The Department must also make

22 identification information and a recent photo of the inmate

23 being released accessible on the Internet by means of a

24 hyperlink labeled "Community Notification of Inmate Early

25 Release" on the Department's World Wide Web homepage. The

26 identification information shall include the inmate's:

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1 name, any known alias, date of birth, physical

2 characteristics, residence address, commitment offense and

3 county where conviction was imposed. The identification

4 information shall be placed on the website within 3 days of

5 the inmate's release and the information may not be removed

6 until either: completion of the first year of mandatory

7 supervised release or return of the inmate to custody of

8 the Department.

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

10 several convictions, with separate sentences, the sentences

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

12 forfeiting of sentence credit.

13 (c) The Department shall prescribe rules and regulations

14 for revoking sentence credit, including revoking sentence

15 credit awarded for good conduct under paragraph (3) of

16 subsection (a) of this Section. The Department shall prescribe

17 rules and regulations for suspending or reducing the rate of

18 accumulation of sentence credit for specific rule violations,

19 during imprisonment. These rules and regulations shall provide

20 that no inmate may be penalized more than one year of sentence

21 credit for any one infraction.

22 When the Department seeks to revoke, suspend or reduce the

23 rate of accumulation of any sentence credits for an alleged

24 infraction of its rules, it shall bring charges therefor

25 against the prisoner sought to be so deprived of sentence

26 credits before the Prisoner Review Board as provided in

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1 subparagraph (a)(4) of Section 3-3-2 of this Code, if the

2 amount of credit at issue exceeds 30 days or when during any 12

3 month period, the cumulative amount of credit revoked exceeds

4 30 days except where the infraction is committed or discovered

5 within 60 days of scheduled release. In those cases, the

6 Department of Corrections may revoke up to 30 days of sentence

7 credit. The Board may subsequently approve the revocation of

8 additional sentence credit, if the Department seeks to revoke

9 sentence credit in excess of 30 days. However, the Board shall

10 not be empowered to review the Department's decision with

11 respect to the loss of 30 days of sentence credit within any

12 calendar year for any prisoner or to increase any penalty

13 beyond the length requested by the Department.

14 The Director of the Department of Corrections, in

15 appropriate cases, may restore up to 30 days of sentence

16 credits which have been revoked, suspended or reduced. Any

17 restoration of sentence credits in excess of 30 days shall be

18 subject to review by the Prisoner Review Board. However, the

19 Board may not restore sentence credit in excess of the amount

20 requested by the Director.

21 Nothing contained in this Section shall prohibit the

22 Prisoner Review Board from ordering, pursuant to Section

23 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

24 sentence imposed by the court that was not served due to the

25 accumulation of sentence credit.

26 (d) If a lawsuit is filed by a prisoner in an Illinois or

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1 federal court against the State, the Department of Corrections,

2 or the Prisoner Review Board, or against any of their officers

3 or employees, and the court makes a specific finding that a

4 pleading, motion, or other paper filed by the prisoner is

5 frivolous, the Department of Corrections shall conduct a

6 hearing to revoke up to 180 days of sentence credit by bringing

7 charges against the prisoner sought to be deprived of the

8 sentence credits before the Prisoner Review Board as provided

9 in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

10 prisoner has not accumulated 180 days of sentence credit at the

11 time of the finding, then the Prisoner Review Board may revoke

12 all sentence credit accumulated by the prisoner.

13 For purposes of this subsection (d):

14 (1) "Frivolous" means that a pleading, motion, or other

15 filing which purports to be a legal document filed by a

16 prisoner in his or her lawsuit meets any or all of the

17 following criteria:

18 (A) it lacks an arguable basis either in law or in

19 fact;

20 (B) it is being presented for any improper purpose,

21 such as to harass or to cause unnecessary delay or

22 needless increase in the cost of litigation;

23 (C) the claims, defenses, and other legal

24 contentions therein are not warranted by existing law

25 or by a nonfrivolous argument for the extension,

26 modification, or reversal of existing law or the

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1 establishment of new law;

2 (D) the allegations and other factual contentions

3 do not have evidentiary support or, if specifically so

4 identified, are not likely to have evidentiary support

5 after a reasonable opportunity for further

6 investigation or discovery; or

7 (E) the denials of factual contentions are not

8 warranted on the evidence, or if specifically so

9 identified, are not reasonably based on a lack of

10 information or belief.

11 (2) "Lawsuit" means a motion pursuant to Section 116-3

12 of the Code of Criminal Procedure of 1963, a habeas corpus

13 action under Article X of the Code of Civil Procedure or

14 under federal law (28 U.S.C. 2254), a petition for claim

15 under the Court of Claims Act, an action under the federal

16 Civil Rights Act (42 U.S.C. 1983), or a second or

17 subsequent petition for post-conviction relief under

18 Article 122 of the Code of Criminal Procedure of 1963

19 whether filed with or without leave of court or a second or

20 subsequent petition for relief from judgment under Section

21 2-1401 of the Code of Civil Procedure.

22 (e) Nothing in Public Act 90-592 or 90-593 affects the

23 validity of Public Act 89-404.

24 (f) Whenever the Department is to release any inmate who

25 has been convicted of a violation of an order of protection

26 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

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1 the Criminal Code of 2012, earlier than it otherwise would

2 because of a grant of sentence credit, the Department, as a

3 condition of release, shall require that the person, upon

4 release, be placed under electronic surveillance as provided in

5 Section 5-8A-7 of this Code.

6 (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;

7 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.

8 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,

9 eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;

10 97-1150, eff. 1-25-13.)

11 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

12 Sec. 5-5-3. Disposition.

13 (a) (Blank).

14 (b) (Blank).

15 (c) (1) (Blank).

16 (2) A period of probation, a term of periodic

17 imprisonment or conditional discharge shall not be imposed

18 for the following offenses. The court shall sentence the

19 offender to not less than the minimum term of imprisonment

20 set forth in this Code for the following offenses, and may

21 order a fine or restitution or both in conjunction with

22 such term of imprisonment:

23 (A) First degree murder where the death penalty is

24 not imposed.

25 (B) Attempted first degree murder.

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1 (C) A Class X felony.

2 (D) A violation of Section 401.1 or 407 of the

3 Illinois Controlled Substances Act, or a violation of

4 subdivision (c)(1.5) or (c)(2) of Section 401 of that

5 Act which relates to more than 5 grams of a substance

6 containing cocaine, fentanyl, or an analog thereof.

7 (D-5) A violation of subdivision (c)(1) of Section

8 401 of the Illinois Controlled Substances Act which

9 relates to 3 or more grams of a substance containing

10 heroin or an analog thereof.

11 (E) A violation of Section 5.1 or 9 of the Cannabis

12 Control Act.

13 (F) A Class 2 or greater felony if the offender had

14 been convicted of a Class 2 or greater felony,

15 including any state or federal conviction for an

16 offense that contained, at the time it was committed,

17 the same elements as an offense now (the date of the

18 offense committed after the prior Class 2 or greater

19 felony) classified as a Class 2 or greater felony,

20 within 10 years of the date on which the offender

21 committed the offense for which he or she is being

22 sentenced, except as otherwise provided in Section

23 40-10 of the Alcoholism and Other Drug Abuse and

24 Dependency Act.

25 (F-5) A violation of Section 24-1, 24-1.1, ~~or~~

26 24-1.6, or 24-1.8 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012 for which imprisonment is

2 prescribed in those Sections.

3 (G) Residential burglary, except as otherwise

4 provided in Section 40-10 of the Alcoholism and Other

5 Drug Abuse and Dependency Act.

6 (H) Criminal sexual assault.

7 (I) Aggravated battery of a senior citizen as

8 described in Section 12-4.6 or subdivision (a)(4) of

9 Section 12-3.05 of the Criminal Code of 1961 or the

10 Criminal Code of 2012.

11 (J) A forcible felony if the offense was related to

12 the activities of an organized gang.

13 Before July 1, 1994, for the purposes of this

14 paragraph, "organized gang" means an association of 5

15 or more persons, with an established hierarchy, that

16 encourages members of the association to perpetrate

17 crimes or provides support to the members of the

18 association who do commit crimes.

19 Beginning July 1, 1994, for the purposes of this

20 paragraph, "organized gang" has the meaning ascribed

21 to it in Section 10 of the Illinois Streetgang

22 Terrorism Omnibus Prevention Act.

23 (K) Vehicular hijacking.

24 (L) A second or subsequent conviction for the

25 offense of hate crime when the underlying offense upon

26 which the hate crime is based is felony aggravated

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1 assault or felony mob action.

2 (M) A second or subsequent conviction for the

3 offense of institutional vandalism if the damage to the

4 property exceeds $300.

5 (N) A Class 3 felony violation of paragraph (1) of

6 subsection (a) of Section 2 of the Firearm Owners

7 Identification Card Act.

8 (O) A violation of Section 12-6.1 or 12-6.5 of the

9 Criminal Code of 1961 or the Criminal Code of 2012.

10 (P) A violation of paragraph (1), (2), (3), (4),

11 (5), or (7) of subsection (a) of Section 11-20.1 of the

12 Criminal Code of 1961 or the Criminal Code of 2012.

13 (Q) A violation of subsection (b) or (b-5) of

14 Section 20-1, Section 20-1.2, or Section 20-1.3 of the

15 Criminal Code of 1961 or the Criminal Code of 2012.

16 (R) A violation of Section 24-3A of the Criminal

17 Code of 1961 or the Criminal Code of 2012.

18 (S) (Blank).

19 (T) A second or subsequent violation of the

20 Methamphetamine Control and Community Protection Act.

21 (U) A second or subsequent violation of Section

22 6-303 of the Illinois Vehicle Code committed while his

23 or her driver's license, permit, or privilege was

24 revoked because of a violation of Section 9-3 of the

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

26 relating to the offense of reckless homicide, or a

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1 similar provision of a law of another state.

2 (V) A violation of paragraph (4) of subsection (c)

3 of Section 11-20.1B or paragraph (4) of subsection (c)

4 of Section 11-20.3 of the Criminal Code of 1961, or

5 paragraph (6) of subsection (a) of Section 11-20.1 of

6 the Criminal Code of 2012 when the victim is under 13

7 years of age and the defendant has previously been

8 convicted under the laws of this State or any other

9 state of the offense of child pornography, aggravated

10 child pornography, aggravated criminal sexual abuse,

11 aggravated criminal sexual assault, predatory criminal

12 sexual assault of a child, or any of the offenses

13 formerly known as rape, deviate sexual assault,

14 indecent liberties with a child, or aggravated

15 indecent liberties with a child where the victim was

16 under the age of 18 years or an offense that is

17 substantially equivalent to those offenses.

18 (W) A violation of Section 24-3.5 of the Criminal

19 Code of 1961 or the Criminal Code of 2012.

20 (X) A violation of subsection (a) of Section 31-1a

21 of the Criminal Code of 1961 or the Criminal Code of

22 2012.

23 (Y) A conviction for unlawful possession of a

24 firearm by a street gang member when the firearm was

25 loaded or contained firearm ammunition.

26 (Z) A Class 1 felony committed while he or she was

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1 serving a term of probation or conditional discharge

2 for a felony.

3 (AA) Theft of property exceeding $500,000 and not

4 exceeding $1,000,000 in value.

5 (BB) Laundering of criminally derived property of

6 a value exceeding $500,000.

7 (CC) Knowingly selling, offering for sale, holding

8 for sale, or using 2,000 or more counterfeit items or

9 counterfeit items having a retail value in the

10 aggregate of $500,000 or more.

11 (DD) A conviction for aggravated assault under

12 paragraph (6) of subsection (c) of Section 12-2 of the

13 Criminal Code of 1961 or the Criminal Code of 2012 if

14 the firearm is aimed toward the person against whom the

15 firearm is being used.

16 (3) (Blank).

17 (4) A minimum term of imprisonment of not less than 10

18 consecutive days or 30 days of community service shall be

19 imposed for a violation of paragraph (c) of Section 6-303

20 of the Illinois Vehicle Code.

21 (4.1) (Blank).

22 (4.2) Except as provided in paragraphs (4.3) and (4.8)

23 of this subsection (c), a minimum of 100 hours of community

24 service shall be imposed for a second violation of Section

25 6-303 of the Illinois Vehicle Code.

26 (4.3) A minimum term of imprisonment of 30 days or 300

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1 hours of community service, as determined by the court,

2 shall be imposed for a second violation of subsection (c)

3 of Section 6-303 of the Illinois Vehicle Code.

4 (4.4) Except as provided in paragraphs (4.5), (4.6),

5 and (4.9) of this subsection (c), a minimum term of

6 imprisonment of 30 days or 300 hours of community service,

7 as determined by the court, shall be imposed for a third or

8 subsequent violation of Section 6-303 of the Illinois

9 Vehicle Code.

10 (4.5) A minimum term of imprisonment of 30 days shall

11 be imposed for a third violation of subsection (c) of

12 Section 6-303 of the Illinois Vehicle Code.

13 (4.6) Except as provided in paragraph (4.10) of this

14 subsection (c), a minimum term of imprisonment of 180 days

15 shall be imposed for a fourth or subsequent violation of

16 subsection (c) of Section 6-303 of the Illinois Vehicle

17 Code.

18 (4.7) A minimum term of imprisonment of not less than

19 30 consecutive days, or 300 hours of community service,

20 shall be imposed for a violation of subsection (a-5) of

21 Section 6-303 of the Illinois Vehicle Code, as provided in

22 subsection (b-5) of that Section.

23 (4.8) A mandatory prison sentence shall be imposed for

24 a second violation of subsection (a-5) of Section 6-303 of

25 the Illinois Vehicle Code, as provided in subsection (c-5)

26 of that Section. The person's driving privileges shall be

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1 revoked for a period of not less than 5 years from the date

2 of his or her release from prison.

3 (4.9) A mandatory prison sentence of not less than 4

4 and not more than 15 years shall be imposed for a third

5 violation of subsection (a-5) of Section 6-303 of the

6 Illinois Vehicle Code, as provided in subsection (d-2.5) of

7 that Section. The person's driving privileges shall be

8 revoked for the remainder of his or her life.

9 (4.10) A mandatory prison sentence for a Class 1 felony

10 shall be imposed, and the person shall be eligible for an

11 extended term sentence, for a fourth or subsequent

12 violation of subsection (a-5) of Section 6-303 of the

13 Illinois Vehicle Code, as provided in subsection (d-3.5) of

14 that Section. The person's driving privileges shall be

15 revoked for the remainder of his or her life.

16 (5) The court may sentence a corporation or

17 unincorporated association convicted of any offense to:

18 (A) a period of conditional discharge;

19 (B) a fine;

20 (C) make restitution to the victim under Section

21 5-5-6 of this Code.

22 (5.1) In addition to any other penalties imposed, and

23 except as provided in paragraph (5.2) or (5.3), a person

24 convicted of violating subsection (c) of Section 11-907 of

25 the Illinois Vehicle Code shall have his or her driver's

26 license, permit, or privileges suspended for at least 90

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1 days but not more than one year, if the violation resulted

2 in damage to the property of another person.

3 (5.2) In addition to any other penalties imposed, and

4 except as provided in paragraph (5.3), a person convicted

5 of violating subsection (c) of Section 11-907 of the

6 Illinois Vehicle Code shall have his or her driver's

7 license, permit, or privileges suspended for at least 180

8 days but not more than 2 years, if the violation resulted

9 in injury to another person.

10 (5.3) In addition to any other penalties imposed, a

11 person convicted of violating subsection (c) of Section

12 11-907 of the Illinois Vehicle Code shall have his or her

13 driver's license, permit, or privileges suspended for 2

14 years, if the violation resulted in the death of another

15 person.

16 (5.4) In addition to any other penalties imposed, a

17 person convicted of violating Section 3-707 of the Illinois

18 Vehicle Code shall have his or her driver's license,

19 permit, or privileges suspended for 3 months and until he

20 or she has paid a reinstatement fee of $100.

21 (5.5) In addition to any other penalties imposed, a

22 person convicted of violating Section 3-707 of the Illinois

23 Vehicle Code during a period in which his or her driver's

24 license, permit, or privileges were suspended for a

25 previous violation of that Section shall have his or her

26 driver's license, permit, or privileges suspended for an

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1 additional 6 months after the expiration of the original

2 3-month suspension and until he or she has paid a

3 reinstatement fee of $100.

4 (6) (Blank).

5 (7) (Blank).

6 (8) (Blank).

7 (9) A defendant convicted of a second or subsequent

8 offense of ritualized abuse of a child may be sentenced to

9 a term of natural life imprisonment.

10 (10) (Blank).

11 (11) The court shall impose a minimum fine of $1,000

12 for a first offense and $2,000 for a second or subsequent

13 offense upon a person convicted of or placed on supervision

14 for battery when the individual harmed was a sports

15 official or coach at any level of competition and the act

16 causing harm to the sports official or coach occurred

17 within an athletic facility or within the immediate

18 vicinity of the athletic facility at which the sports

19 official or coach was an active participant of the athletic

20 contest held at the athletic facility. For the purposes of

21 this paragraph (11), "sports official" means a person at an

22 athletic contest who enforces the rules of the contest,

23 such as an umpire or referee; "athletic facility" means an

24 indoor or outdoor playing field or recreational area where

25 sports activities are conducted; and "coach" means a person

26 recognized as a coach by the sanctioning authority that

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1 conducted the sporting event.

2 (12) A person may not receive a disposition of court

3 supervision for a violation of Section 5-16 of the Boat

4 Registration and Safety Act if that person has previously

5 received a disposition of court supervision for a violation

6 of that Section.

7 (13) A person convicted of or placed on court

8 supervision for an assault or aggravated assault when the

9 victim and the offender are family or household members as

10 defined in Section 103 of the Illinois Domestic Violence

11 Act of 1986 or convicted of domestic battery or aggravated

12 domestic battery may be required to attend a Partner Abuse

13 Intervention Program under protocols set forth by the

14 Illinois Department of Human Services under such terms and

15 conditions imposed by the court. The costs of such classes

16 shall be paid by the offender.

17 (d) In any case in which a sentence originally imposed is

18 vacated, the case shall be remanded to the trial court. The

19 trial court shall hold a hearing under Section 5-4-1 of the

20 Unified Code of Corrections which may include evidence of the

21 defendant's life, moral character and occupation during the

22 time since the original sentence was passed. The trial court

23 shall then impose sentence upon the defendant. The trial court

24 may impose any sentence which could have been imposed at the

25 original trial subject to Section 5-5-4 of the Unified Code of

26 Corrections. If a sentence is vacated on appeal or on

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1 collateral attack due to the failure of the trier of fact at

2 trial to determine beyond a reasonable doubt the existence of a

3 fact (other than a prior conviction) necessary to increase the

4 punishment for the offense beyond the statutory maximum

5 otherwise applicable, either the defendant may be re-sentenced

6 to a term within the range otherwise provided or, if the State

7 files notice of its intention to again seek the extended

8 sentence, the defendant shall be afforded a new trial.

9 (e) In cases where prosecution for aggravated criminal

10 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

11 Code of 1961 or the Criminal Code of 2012 results in conviction

12 of a defendant who was a family member of the victim at the

13 time of the commission of the offense, the court shall consider

14 the safety and welfare of the victim and may impose a sentence

15 of probation only where:

16 (1) the court finds (A) or (B) or both are appropriate:

17 (A) the defendant is willing to undergo a court

18 approved counseling program for a minimum duration of 2

19 years; or

20 (B) the defendant is willing to participate in a

21 court approved plan including but not limited to the

22 defendant's:

23 (i) removal from the household;

24 (ii) restricted contact with the victim;

25 (iii) continued financial support of the

26 family;

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1 (iv) restitution for harm done to the victim;

2 and

3 (v) compliance with any other measures that

4 the court may deem appropriate; and

5 (2) the court orders the defendant to pay for the

6 victim's counseling services, to the extent that the court

7 finds, after considering the defendant's income and

8 assets, that the defendant is financially capable of paying

9 for such services, if the victim was under 18 years of age

10 at the time the offense was committed and requires

11 counseling as a result of the offense.

12 Probation may be revoked or modified pursuant to Section

13 5-6-4; except where the court determines at the hearing that

14 the defendant violated a condition of his or her probation

15 restricting contact with the victim or other family members or

16 commits another offense with the victim or other family

17 members, the court shall revoke the defendant's probation and

18 impose a term of imprisonment.

19 For the purposes of this Section, "family member" and

20 "victim" shall have the meanings ascribed to them in Section

21 11-0.1 of the Criminal Code of 2012.

22 (f) (Blank).

23 (g) Whenever a defendant is convicted of an offense under

24 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

25 11-14.3, 11-14.4 except for an offense that involves keeping a

26 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

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1 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

2 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

3 Criminal Code of 2012, the defendant shall undergo medical

4 testing to determine whether the defendant has any sexually

5 transmissible disease, including a test for infection with

6 human immunodeficiency virus (HIV) or any other identified

7 causative agent of acquired immunodeficiency syndrome (AIDS).

8 Any such medical test shall be performed only by appropriately

9 licensed medical practitioners and may include an analysis of

10 any bodily fluids as well as an examination of the defendant's

11 person. Except as otherwise provided by law, the results of

12 such test shall be kept strictly confidential by all medical

13 personnel involved in the testing and must be personally

14 delivered in a sealed envelope to the judge of the court in

15 which the conviction was entered for the judge's inspection in

16 camera. Acting in accordance with the best interests of the

17 victim and the public, the judge shall have the discretion to

18 determine to whom, if anyone, the results of the testing may be

19 revealed. The court shall notify the defendant of the test

20 results. The court shall also notify the victim if requested by

21 the victim, and if the victim is under the age of 15 and if

22 requested by the victim's parents or legal guardian, the court

23 shall notify the victim's parents or legal guardian of the test

24 results. The court shall provide information on the

25 availability of HIV testing and counseling at Department of

26 Public Health facilities to all parties to whom the results of

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1 the testing are revealed and shall direct the State's Attorney

2 to provide the information to the victim when possible. A

3 State's Attorney may petition the court to obtain the results

4 of any HIV test administered under this Section, and the court

5 shall grant the disclosure if the State's Attorney shows it is

6 relevant in order to prosecute a charge of criminal

7 transmission of HIV under Section 12-5.01 or 12-16.2 of the

8 Criminal Code of 1961 or the Criminal Code of 2012 against the

9 defendant. The court shall order that the cost of any such test

10 shall be paid by the county and may be taxed as costs against

11 the convicted defendant.

12 (g-5) When an inmate is tested for an airborne communicable

13 disease, as determined by the Illinois Department of Public

14 Health including but not limited to tuberculosis, the results

15 of the test shall be personally delivered by the warden or his

16 or her designee in a sealed envelope to the judge of the court

17 in which the inmate must appear for the judge's inspection in

18 camera if requested by the judge. Acting in accordance with the

19 best interests of those in the courtroom, the judge shall have

20 the discretion to determine what if any precautions need to be

21 taken to prevent transmission of the disease in the courtroom.

22 (h) Whenever a defendant is convicted of an offense under

23 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

24 defendant shall undergo medical testing to determine whether

25 the defendant has been exposed to human immunodeficiency virus

26 (HIV) or any other identified causative agent of acquired

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1 immunodeficiency syndrome (AIDS). Except as otherwise provided

2 by law, the results of such test shall be kept strictly

3 confidential by all medical personnel involved in the testing

4 and must be personally delivered in a sealed envelope to the

5 judge of the court in which the conviction was entered for the

6 judge's inspection in camera. Acting in accordance with the

7 best interests of the public, the judge shall have the

8 discretion to determine to whom, if anyone, the results of the

9 testing may be revealed. The court shall notify the defendant

10 of a positive test showing an infection with the human

11 immunodeficiency virus (HIV). The court shall provide

12 information on the availability of HIV testing and counseling

13 at Department of Public Health facilities to all parties to

14 whom the results of the testing are revealed and shall direct

15 the State's Attorney to provide the information to the victim

16 when possible. A State's Attorney may petition the court to

17 obtain the results of any HIV test administered under this

18 Section, and the court shall grant the disclosure if the

19 State's Attorney shows it is relevant in order to prosecute a

20 charge of criminal transmission of HIV under Section 12-5.01 or

21 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

22 2012 against the defendant. The court shall order that the cost

23 of any such test shall be paid by the county and may be taxed as

24 costs against the convicted defendant.

25 (i) All fines and penalties imposed under this Section for

26 any violation of Chapters 3, 4, 6, and 11 of the Illinois

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1 Vehicle Code, or a similar provision of a local ordinance, and

2 any violation of the Child Passenger Protection Act, or a

3 similar provision of a local ordinance, shall be collected and

4 disbursed by the circuit clerk as provided under Section 27.5

5 of the Clerks of Courts Act.

6 (j) In cases when prosecution for any violation of Section

7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

8 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

9 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

10 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

11 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

12 Code of 2012, any violation of the Illinois Controlled

13 Substances Act, any violation of the Cannabis Control Act, or

14 any violation of the Methamphetamine Control and Community

15 Protection Act results in conviction, a disposition of court

16 supervision, or an order of probation granted under Section 10

17 of the Cannabis Control Act, Section 410 of the Illinois

18 Controlled Substances ~~Substance~~ Act, or Section 70 of the

19 Methamphetamine Control and Community Protection Act of a

20 defendant, the court shall determine whether the defendant is

21 employed by a facility or center as defined under the Child

22 Care Act of 1969, a public or private elementary or secondary

23 school, or otherwise works with children under 18 years of age

24 on a daily basis. When a defendant is so employed, the court

25 shall order the Clerk of the Court to send a copy of the

26 judgment of conviction or order of supervision or probation to

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1 the defendant's employer by certified mail. If the employer of

2 the defendant is a school, the Clerk of the Court shall direct

3 the mailing of a copy of the judgment of conviction or order of

4 supervision or probation to the appropriate regional

5 superintendent of schools. The regional superintendent of

6 schools shall notify the State Board of Education of any

7 notification under this subsection.

8 (j-5) A defendant at least 17 years of age who is convicted

9 of a felony and who has not been previously convicted of a

10 misdemeanor or felony and who is sentenced to a term of

11 imprisonment in the Illinois Department of Corrections shall as

12 a condition of his or her sentence be required by the court to

13 attend educational courses designed to prepare the defendant

14 for a high school diploma and to work toward a high school

15 diploma or to work toward passing the high school level Test of

16 General Educational Development (GED) or to work toward

17 completing a vocational training program offered by the

18 Department of Corrections. If a defendant fails to complete the

19 educational training required by his or her sentence during the

20 term of incarceration, the Prisoner Review Board shall, as a

21 condition of mandatory supervised release, require the

22 defendant, at his or her own expense, to pursue a course of

23 study toward a high school diploma or passage of the GED test.

24 The Prisoner Review Board shall revoke the mandatory supervised

25 release of a defendant who wilfully fails to comply with this

26 subsection (j-5) upon his or her release from confinement in a

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1 penal institution while serving a mandatory supervised release

2 term; however, the inability of the defendant after making a

3 good faith effort to obtain financial aid or pay for the

4 educational training shall not be deemed a wilful failure to

5 comply. The Prisoner Review Board shall recommit the defendant

6 whose mandatory supervised release term has been revoked under

7 this subsection (j-5) as provided in Section 3-3-9. This

8 subsection (j-5) does not apply to a defendant who has a high

9 school diploma or has successfully passed the GED test. This

10 subsection (j-5) does not apply to a defendant who is

11 determined by the court to be developmentally disabled or

12 otherwise mentally incapable of completing the educational or

13 vocational program.

14 (k) (Blank).

15 (l) (A) Except as provided in paragraph (C) of subsection

16 (l), whenever a defendant, who is an alien as defined by

17 the Immigration and Nationality Act, is convicted of any

18 felony or misdemeanor offense, the court after sentencing

19 the defendant may, upon motion of the State's Attorney,

20 hold sentence in abeyance and remand the defendant to the

21 custody of the Attorney General of the United States or his

22 or her designated agent to be deported when:

23 (1) a final order of deportation has been issued

24 against the defendant pursuant to proceedings under

25 the Immigration and Nationality Act, and

26 (2) the deportation of the defendant would not

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1 deprecate the seriousness of the defendant's conduct

2 and would not be inconsistent with the ends of justice.

3 Otherwise, the defendant shall be sentenced as

4 provided in this Chapter V.

5 (B) If the defendant has already been sentenced for a

6 felony or misdemeanor offense, or has been placed on

7 probation under Section 10 of the Cannabis Control Act,

8 Section 410 of the Illinois Controlled Substances Act, or

9 Section 70 of the Methamphetamine Control and Community

10 Protection Act, the court may, upon motion of the State's

11 Attorney to suspend the sentence imposed, commit the

12 defendant to the custody of the Attorney General of the

13 United States or his or her designated agent when:

14 (1) a final order of deportation has been issued

15 against the defendant pursuant to proceedings under

16 the Immigration and Nationality Act, and

17 (2) the deportation of the defendant would not

18 deprecate the seriousness of the defendant's conduct

19 and would not be inconsistent with the ends of justice.

20 (C) This subsection (l) does not apply to offenders who

21 are subject to the provisions of paragraph (2) of

22 subsection (a) of Section 3-6-3.

23 (D) Upon motion of the State's Attorney, if a defendant

24 sentenced under this Section returns to the jurisdiction of

25 the United States, the defendant shall be recommitted to

26 the custody of the county from which he or she was

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1 sentenced. Thereafter, the defendant shall be brought

2 before the sentencing court, which may impose any sentence

3 that was available under Section 5-5-3 at the time of

4 initial sentencing. In addition, the defendant shall not be

5 eligible for additional sentence credit for good conduct as

6 provided under Section 3-6-3.

7 (m) A person convicted of criminal defacement of property

8 under Section 21-1.3 of the Criminal Code of 1961 or the

9 Criminal Code of 2012, in which the property damage exceeds

10 $300 and the property damaged is a school building, shall be

11 ordered to perform community service that may include cleanup,

12 removal, or painting over the defacement.

13 (n) The court may sentence a person convicted of a

14 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

15 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

16 of 1961 or the Criminal Code of 2012 (i) to an impact

17 incarceration program if the person is otherwise eligible for

18 that program under Section 5-8-1.1, (ii) to community service,

19 or (iii) if the person is an addict or alcoholic, as defined in

20 the Alcoholism and Other Drug Abuse and Dependency Act, to a

21 substance or alcohol abuse program licensed under that Act.

22 (o) Whenever a person is convicted of a sex offense as

23 defined in Section 2 of the Sex Offender Registration Act, the

24 defendant's driver's license or permit shall be subject to

25 renewal on an annual basis in accordance with the provisions of

26 license renewal established by the Secretary of State.

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1 (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;

2 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article

3 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,

4 eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;

5 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.

6 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

7 eff. 1-25-13; revised 11-12-13.)

8 (730 ILCS 5/5-8-1.2)

9 Sec. 5-8-1.2. County impact incarceration.

10 (a) Legislative intent. It is the finding of the General

11 Assembly that certain non-violent offenders eligible for

12 sentences of incarceration may benefit from the rehabilitative

13 aspects of a county impact incarceration program. It is the

14 intent of the General Assembly that such programs be

15 implemented as provided by this Section. This Section shall not

16 be construed to allow violent offenders to participate in a

17 county impact incarceration program.

18 (b) Under the direction of the Sheriff and with the

19 approval of the County Board of Commissioners, the Sheriff, in

20 any county with more than 3,000,000 inhabitants, may establish

21 and operate a county impact incarceration program for eligible

22 offenders. If the court finds under Section 5-4-1 that an

23 offender convicted of a felony meets the eligibility

24 requirements of the Sheriff's county impact incarceration

25 program, the court may sentence the offender to the county

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1 impact incarceration program. The Sheriff shall be responsible

2 for monitoring all offenders who are sentenced to the county

3 impact incarceration program, including the mandatory period

4 of monitored release following the 120 to 180 days of impact

5 incarceration. Offenders assigned to the county impact

6 incarceration program under an intergovernmental agreement

7 between the county and the Illinois Department of Corrections

8 are exempt from the provisions of this mandatory period of

9 monitored release. In the event the offender is not accepted

10 for placement in the county impact incarceration program, the

11 court shall proceed to sentence the offender to any other

12 disposition authorized by this Code. If the offender does not

13 successfully complete the program, the offender's failure to do

14 so shall constitute a violation of the sentence to the county

15 impact incarceration program.

16 (c) In order to be eligible to be sentenced to a county

17 impact incarceration program by the court, the person shall

18 meet all of the following requirements:

19 (1) the person must be not less than 17 years of age

20 nor more than 35 years of age;

21 (2) The person has not previously participated in the

22 impact incarceration program and has not previously served

23 more than one prior sentence of imprisonment for a felony

24 in an adult correctional facility;

25 (3) The person has not been convicted of a Class X

26 felony, first or second degree murder, armed violence,

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1 aggravated kidnapping, criminal sexual assault, aggravated

2 criminal sexual abuse or a subsequent conviction for

3 criminal sexual abuse, forcible detention,~~or~~ arson,

4 unlawful use or possession of weapons by felons or persons

5 in the custody of the Department of Corrections facilities,

6 aggravated unlawful use of a weapon by a person who has

7 been previously convicted of a felony in this State or

8 another jurisdiction, or unlawful possession of a firearm

9 by a street gang member and has not been convicted

10 previously of any of those offenses.

11 (4) The person has been found in violation of probation

12 for an offense that is a Class 2, 3, or 4 felony that is not

13 a forcible felony as defined in Section 2-8 of the Criminal

14 Code of 2012 or a violent crime as defined in subsection

15 (c) of Section 3 of the Rights of Crime Victims and

16 Witnesses Act who otherwise could be sentenced to a term of

17 incarceration; or the person is convicted of an offense

18 that is a Class 2, 3, or 4 felony that is not a forcible

19 felony as defined in Section 2-8 of the Criminal Code of

20 2012 or a violent crime as defined in subsection (c) of

21 Section 3 of the Rights of Crime Victims and Witnesses Act

22 who has previously served a sentence of probation for any

23 felony offense and who otherwise could be sentenced to a

24 term of incarceration.

25 (5) The person must be physically able to participate

26 in strenuous physical activities or labor.

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1 (6) The person must not have any mental disorder or

2 disability that would prevent participation in a county

3 impact incarceration program.

4 (7) The person was recommended and approved for

5 placement in the county impact incarceration program by the

6 Sheriff and consented in writing to participation in the

7 county impact incarceration program and to the terms and

8 conditions of the program. The Sheriff may consider, among

9 other matters, whether the person has any outstanding

10 detainers or warrants, whether the person has a history of

11 escaping or absconding, whether participation in the

12 county impact incarceration program may pose a risk to the

13 safety or security of any person and whether space is

14 available.

15 (c) The county impact incarceration program shall include,

16 among other matters, mandatory physical training and labor,

17 military formation and drills, regimented activities,

18 uniformity of dress and appearance, education and counseling,

19 including drug counseling where appropriate.

20 (d) Privileges including visitation, commissary, receipt

21 and retention of property and publications and access to

22 television, radio, and a library may be suspended or

23 restricted, notwithstanding provisions to the contrary in this

24 Code.

25 (e) The Sheriff shall issue written rules and requirements

26 for the program. Persons shall be informed of rules of behavior

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1 and conduct. Persons participating in the county impact

2 incarceration program shall adhere to all rules and all

3 requirements of the program.

4 (f) Participation in the county impact incarceration

5 program shall be for a period of 120 to 180 days followed by a

6 mandatory term of monitored release for at least 8 months and

7 no more than 12 months supervised by the Sheriff. The period of

8 time a person shall serve in the impact incarceration program

9 shall not be reduced by the accumulation of good time. The

10 court may also sentence the person to a period of probation to

11 commence at the successful completion of the county impact

12 incarceration program.

13 (g) If the person successfully completes the county impact

14 incarceration program, the Sheriff shall certify the person's

15 successful completion of the program to the court and to the

16 county's State's Attorney. Upon successful completion of the

17 county impact incarceration program and mandatory term of

18 monitored release and if there is an additional period of

19 probation given, the person shall at that time begin his or her

20 probationary sentence under the supervision of the Adult

21 Probation Department.

22 (h) A person may be removed from the county impact

23 incarceration program for a violation of the terms or

24 conditions of the program or in the event he or she is for any

25 reason unable to participate. The failure to complete the

26 program for any reason, including the 8 to 12 month monitored

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1 release period, shall be deemed a violation of the county

2 impact incarceration sentence. The Sheriff shall give notice to

3 the State's Attorney of the person's failure to complete the

4 program. The Sheriff shall file a petition for violation of the

5 county impact incarceration sentence with the court and the

6 State's Attorney may proceed on the petition under Section

7 5-6-4 of this Code. The Sheriff shall promulgate rules and

8 regulations governing conduct which could result in removal

9 from the program or in a determination that the person has not

10 successfully completed the program.

11 The mandatory conditions of every county impact

12 incarceration sentence shall include that the person either

13 while in the program or during the period of monitored release:

14 (1) not violate any criminal statute of any

15 jurisdiction;

16 (2) report or appear in person before any such person

17 or agency as directed by the court or the Sheriff;

18 (3) refrain from possessing a firearm or other

19 dangerous weapon;

20 (4) not leave the State without the consent of the

21 court or, in circumstances in which the reason for the

22 absence is of such an emergency nature that prior consent

23 by the court is not possible, without the prior

24 notification and approval of the Sheriff; and

25 (5) permit representatives of the Sheriff to visit at

26 the person's home or elsewhere to the extent necessary for

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1 the Sheriff to monitor compliance with the program. Persons

2 shall have access to such rules, which shall provide that a

3 person shall receive notice of any such violation.

4 (i) The Sheriff may terminate the county impact

5 incarceration program at any time.

6 (j) The Sheriff shall report to the county board on or

7 before September 30th of each year on the county impact

8 incarceration program, including the composition of the

9 program by the offenders, by county of commitment, sentence,

10 age, offense, and race.

11 (Source: P.A. 97-1150, eff. 1-25-13.)