SB1722 Engrossed LRB100 11347 RLC 21730 b
1		AN ACT concerning safe neighborhoods.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. This Act may be referred to as the Safe
5		Neighborhoods Reform Act.
6		Section 5. The Criminal Identification Act is amended by
7		changing Section 2.1 as follows:
8		(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
9		Sec. 2.1. For the purpose of maintaining complete and
10		accurate criminal records of the Department of State Police, it
11		is necessary for all policing bodies of this State, the clerk
12		of the circuit court, the Illinois Department of Corrections,
13		the sheriff of each county, and State's Attorney of each county
14		to submit certain criminal arrest, charge, and disposition
15		information to the Department for filing at the earliest time
16		possible. Unless otherwise noted herein, it shall be the duty
17		of all policing bodies of this State, the clerk of the circuit
18		court, the Illinois Department of Corrections, the sheriff of
19		each county, and the State's Attorney of each county to report
20		such information as provided in this Section, both in the form
21		and manner required by the Department and within 30 days of the
22		criminal history event. Specifically:

SB1722 Engrossed - 2 - LRB100 11347 RLC 21730 b
1		(a) Arrest Information. All agencies making arrests for
2		offenses which are required by statute to be collected,
3		maintained or disseminated by the Department of State Police
4		shall be responsible for furnishing daily to the Department
5		fingerprints, charges and descriptions of all persons who are
6		arrested for such offenses. All such agencies shall also notify
7		the Department of all decisions by the arresting agency not to
8		refer such arrests for prosecution. With approval of the
9		Department, an agency making such arrests may enter into
10		arrangements with other agencies for the purpose of furnishing
11		daily such fingerprints, charges and descriptions to the
12		Department upon its behalf.
13		(b) Charge Information. The State's Attorney of each county
14		shall notify the Department of all charges filed and all
15		petitions filed alleging that a minor is delinquent, including
16		all those added subsequent to the filing of a case, and whether
17		charges were not filed in cases for which the Department has
18		received information required to be reported pursuant to
19		paragraph (a) of this Section. With approval of the Department,
20		the State's Attorney may enter into arrangements with other
21		agencies for the purpose of furnishing the information required
22		by this subsection (b) to the Department upon the State's
23		Attorney's behalf.
24		(c) Disposition Information. The clerk of the circuit court
25		of each county shall furnish the Department, in the form and
26		manner required by the Supreme Court, with all final

SB1722 Engrossed - 3 - LRB100 11347 RLC 21730 b
1		dispositions of cases for which the Department has received
2		information required to be reported pursuant to paragraph (a)
3		or (d) of this Section. Such information shall include, for
4		each charge, all (1) judgments of not guilty, judgments of
5		guilty including the sentence pronounced by the court with
6		statutory citations to the relevant sentencing provision,
7		findings that a minor is delinquent and any sentence made based
8		on those findings, discharges and dismissals in the court; (2)
9		reviewing court orders filed with the clerk of the circuit
10		court which reverse or remand a reported conviction or findings
11		that a minor is delinquent or that vacate or modify a sentence
12		or sentence made following a trial that a minor is delinquent;
13		(3) continuances to a date certain in furtherance of an order
14		of supervision granted under Section 5-6-1 of the Unified Code
15		of Corrections or an order of probation granted under Section
16		10 of the Cannabis Control Act, Section 410 of the Illinois
17		Controlled Substances Act, Section 70 of the Methamphetamine
18		Control and Community Protection Act, Section 12-4.3 or
19		subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
20		1961 or the Criminal Code of 2012, Section 10-102 of the
21		Illinois Alcoholism and Other Drug Dependency Act, Section
22		40-10 of the Alcoholism and Other Drug Abuse and Dependency
23		Act, Section 10 of the Steroid Control Act, or Section 5-615 of
24		the Juvenile Court Act of 1987; and (4) judgments or court
25		orders terminating or revoking a sentence to or juvenile
26		disposition of probation, supervision or conditional discharge

SB1722 Engrossed - 4 - LRB100 11347 RLC 21730 b
1		and any resentencing or new court orders entered by a juvenile
2		court relating to the disposition of a minor's case involving
3		delinquency after such revocation.
4		(d) Fingerprints After Sentencing.
5		(1) After the court pronounces sentence, sentences a
6		minor following a trial in which a minor was found to be
7		delinquent or issues an order of supervision or an order of
8		probation granted under Section 10 of the Cannabis Control
9		Act, Section 410 of the Illinois Controlled Substances Act,
10		Section 70 of the Methamphetamine Control and Community
11		Protection Act, Section 12-4.3 or subdivision (b)(1) of
12		Section 12-3.05 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, Section 10-102 of the Illinois
14		Alcoholism and Other Drug Dependency Act, Section 40-10 of
15		the Alcoholism and Other Drug Abuse and Dependency Act,
16		Section 10 of the Steroid Control Act, or Section 5-615 of
17		the Juvenile Court Act of 1987 for any offense which is
18		required by statute to be collected, maintained, or
19		disseminated by the Department of State Police, the State's
20		Attorney of each county shall ask the court to order a law
21		enforcement agency to fingerprint immediately all persons
22		appearing before the court who have not previously been
23		fingerprinted for the same case. The court shall so order
24		the requested fingerprinting, if it determines that any
25		such person has not previously been fingerprinted for the
26		same case. The law enforcement agency shall submit such

SB1722 Engrossed - 5 - LRB100 11347 RLC 21730 b
1		fingerprints to the Department daily.
2		(2) After the court pronounces sentence or makes a
3		disposition of a case following a finding of delinquency
4		for any offense which is not required by statute to be
5		collected, maintained, or disseminated by the Department
6		of State Police, the prosecuting attorney may ask the court
7		to order a law enforcement agency to fingerprint
8		immediately all persons appearing before the court who have
9		not previously been fingerprinted for the same case. The
10		court may so order the requested fingerprinting, if it
11		determines that any so sentenced person has not previously
12		been fingerprinted for the same case. The law enforcement
13		agency may retain such fingerprints in its files.
14		(e) Corrections Information. The Illinois Department of
15		Corrections and the sheriff of each county shall furnish the
16		Department with all information concerning the receipt,
17		escape, execution, death, release, pardon, parole, commutation
18		of sentence, granting of executive clemency or discharge of an
19		individual who has been sentenced or committed to the agency's
20		custody for any offenses which are mandated by statute to be
21		collected, maintained or disseminated by the Department of
22		State Police. For an individual who has been charged with any
23		such offense and who escapes from custody or dies while in
24		custody, all information concerning the receipt and escape or
25		death, whichever is appropriate, shall also be so furnished to
26		the Department.

SB1722 Engrossed - 6 - LRB100 11347 RLC 21730 b
1		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
2		Section 15. The Criminal Code of 2012 is amended by
3		changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
4		(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
5		Sec. 19-1. Burglary.
6		(a) A person commits burglary when without authority he or
7		she knowingly enters or without authority remains within a
8		building, housetrailer, watercraft, aircraft, motor vehicle,
9		railroad car, or any part thereof, with intent to commit
10		therein a felony or theft. This offense shall not include the
11		offenses set out in Section 4-102 of the Illinois Vehicle Code.
12		(b) Sentence.
13		Burglary committed in, and without causing damage to, a
14		watercraft, aircraft, motor vehicle, railroad car, or any part
15		thereof is a Class 3 felony. Burglary committed in a building,
16		housetrailer, or any part thereof or while causing damage to a
17		watercraft, aircraft, motor vehicle, railroad car, or any part
18		thereof is a Class 2 felony. A burglary committed in a school,
19		day care center, day care home, group day care home, or part
20		day child care facility, or place of worship is a Class 1
21		felony, except that this provision does not apply to a day care
22		center, day care home, group day care home, or part day child
23		care facility operated in a private residence used as a
24		dwelling.

SB1722 Engrossed - 7 - LRB100 11347 RLC 21730 b
1		(c) Regarding penalties prescribed in subsection (b) for
2		violations committed in a day care center, day care home, group
3		day care home, or part day child care facility, the time of
4		day, time of year, and whether children under 18 years of age
5		were present in the day care center, day care home, group day
6		care home, or part day child care facility are irrelevant.
7		(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
8		(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
9		Sec. 24-1.1. Unlawful Use or Possession of Weapons by
10		Felons or Persons in the Custody of the Department of
11		Corrections Facilities.
12		(a) It is unlawful for a person to knowingly possess on or
13		about his person or on his land or in his own abode or fixed
14		place of business any weapon prohibited under Section 24-1 of
15		this Act or any firearm or any firearm ammunition if the person
16		has been convicted of a felony under the laws of this State or
17		any other jurisdiction. This Section shall not apply if the
18		person has been granted relief by the Director of the
19		Department of State Police under Section 10 of the Firearm
20		Owners Identification Card Act.
21		(b) It is unlawful for any person confined in a penal
22		institution, which is a facility of the Illinois Department of
23		Corrections, to possess any weapon prohibited under Section
24		24-1 of this Code or any firearm or firearm ammunition,
25		regardless of the intent with which he possesses it.

SB1722 Engrossed - 8 - LRB100 11347 RLC 21730 b
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 2 years and
11		no more than 10 years. A and any second or subsequent violation
12		of this Section shall be a Class 2 felony for which the person
13		shall be sentenced to a term of imprisonment of not less than 3
14		years and not more than 14 years, except as provided for in
15		Section 5-4.5-110 of the Unified Code of Corrections. Violation
16		of this Section by a person not confined in a penal institution
17		who has been convicted of a forcible felony, a felony violation
18		of Article 24 of this Code or of the Firearm Owners
19		Identification Card Act, stalking or aggravated stalking, or a
20		Class 2 or greater felony under the Illinois Controlled
21		Substances Act, the Cannabis Control Act, or the
22		Methamphetamine Control and Community Protection Act is a Class
23		2 felony for which the person shall be sentenced to not less
24		than 3 years and not more than 14 years, except as provided for
25		in Section 5-4.5-110 of the Unified Code of Corrections.
26		Violation of this Section by a person who is on parole or

SB1722 Engrossed - 9 - LRB100 11347 RLC 21730 b
1		mandatory supervised release is a Class 2 felony for which the
2		person shall be sentenced to not less than 3 years and not more
3		than 14 years, except as provided for in Section 5-4.5-110 of
4		the Unified Code of Corrections. Violation of this Section by a
5		person not confined in a penal institution is a Class X felony
6		when the firearm possessed is a machine gun. Any person who
7		violates this Section while confined in a penal institution,
8		which is a facility of the Illinois Department of Corrections,
9		is guilty of a Class 1 felony, if he possesses any weapon
10		prohibited under Section 24-1 of this Code regardless of the
11		intent with which he possesses it, a Class X felony if he
12		possesses any firearm, firearm ammunition or explosive, and a
13		Class X felony for which the offender shall be sentenced to not
14		less than 12 years and not more than 50 years when the firearm
15		possessed is a machine gun. A violation of this Section while
16		wearing or in possession of body armor as defined in Section
17		33F-1 is a Class X felony punishable by a term of imprisonment
18		of not less than 10 years and not more than 40 years. The
19		possession of each firearm or firearm ammunition in violation
20		of this Section constitutes a single and separate violation.
21		(Source: P.A. 97-237, eff. 1-1-12.)
22		(720 ILCS 5/24-1.6)
23		Sec. 24-1.6. Aggravated unlawful use of a weapon.
24		(a) A person commits the offense of aggravated unlawful use
25		of a weapon when he or she knowingly:

SB1722 Engrossed - 10 - LRB100 11347 RLC 21730 b
1		(1) Carries on or about his or her person or in any
2		vehicle or concealed on or about his or her person except
3		when on his or her land or in his or her abode, legal
4		dwelling, or fixed place of business, or on the land or in
5		the legal dwelling of another person as an invitee with
6		that person's permission, any pistol, revolver, stun gun or
7		taser or other firearm; or
8		(2) Carries or possesses on or about his or her person,
9		upon any public street, alley, or other public lands within
10		the corporate limits of a city, village or incorporated
11		town, except when an invitee thereon or therein, for the
12		purpose of the display of such weapon or the lawful
13		commerce in weapons, or except when on his or her own land
14		or in his or her own abode, legal dwelling, or fixed place
15		of business, or on the land or in the legal dwelling of
16		another person as an invitee with that person's permission,
17		any pistol, revolver, stun gun or taser or other firearm;
18		and
19		(3) One of the following factors is present:
20		(A) the firearm, other than a pistol, revolver, or
21		handgun, possessed was uncased, loaded, and
22		immediately accessible at the time of the offense; or
23		(A-5) the pistol, revolver, or handgun possessed
24		was uncased, loaded, and immediately accessible at the
25		time of the offense and the person possessing the
26		pistol, revolver, or handgun has not been issued a

SB1722 Engrossed - 11 - LRB100 11347 RLC 21730 b
1		currently valid license under the Firearm Concealed
2		Carry Act; or
3		(B) the firearm, other than a pistol, revolver, or
4		handgun, possessed was uncased, unloaded, and the
5		ammunition for the weapon was immediately accessible
6		at the time of the offense; or
7		(B-5) the pistol, revolver, or handgun possessed
8		was uncased, unloaded, and the ammunition for the
9		weapon was immediately accessible at the time of the
10		offense and the person possessing the pistol,
11		revolver, or handgun has not been issued a currently
12		valid license under the Firearm Concealed Carry Act; or
13		(C) the person possessing the firearm has not been
14		issued a currently valid Firearm Owner's
15		Identification Card; or
16		(D) the person possessing the weapon was
17		previously adjudicated a delinquent minor under the
18		Juvenile Court Act of 1987 for an act that if committed
19		by an adult would be a felony; or
20		(E) the person possessing the weapon was engaged in
21		a misdemeanor violation of the Cannabis Control Act, in
22		a misdemeanor violation of the Illinois Controlled
23		Substances Act, or in a misdemeanor violation of the
24		Methamphetamine Control and Community Protection Act;
25		or
26		(F) (blank); or

SB1722 Engrossed - 12 - LRB100 11347 RLC 21730 b
1		(G) the person possessing the weapon had an a order
2		of protection issued against him or her within the
3		previous 2 years; or
4		(H) the person possessing the weapon was engaged in
5		the commission or attempted commission of a
6		misdemeanor involving the use or threat of violence
7		against the person or property of another; or
8		(I) the person possessing the weapon was under 21
9		years of age and in possession of a handgun, unless the
10		person under 21 is engaged in lawful activities under
11		the Wildlife Code or described in subsection
12		24-2(b)(1), (b)(3), or 24-2(f).
13		(a-5) "Handgun" as used in this Section has the meaning
14		given to it in Section 5 of the Firearm Concealed Carry Act.
15		(b) "Stun gun or taser" as used in this Section has the
16		same definition given to it in Section 24-1 of this Code.
17		(c) This Section does not apply to or affect the
18		transportation or possession of weapons that:
19		(i) are broken down in a non-functioning state; or
20		(ii) are not immediately accessible; or
21		(iii) are unloaded and enclosed in a case, firearm
22		carrying box, shipping box, or other container by a person
23		who has been issued a currently valid Firearm Owner's
24		Identification Card.
25		(d) Sentence.
26		(1) Aggravated unlawful use of a weapon is a Class 4

SB1722 Engrossed - 13 - LRB100 11347 RLC 21730 b
1		felony; a second or subsequent offense is a Class 2 felony
2		for which the person shall be sentenced to a term of
3		imprisonment of not less than 3 years and not more than 7
4		years, except as provided for in Section 5-4.5-110 of the
5		Unified Code of Corrections.
6		(2) Except as otherwise provided in paragraphs (3) and
7		(4) of this subsection (d), a first offense of aggravated
8		unlawful use of a weapon committed with a firearm by a
9		person 18 years of age or older where the factors listed in
10		both items (A) and (C) or both items (A-5) and (C) of
11		paragraph (3) of subsection (a) are present is a Class 4
12		felony, for which the person shall be sentenced to a term
13		of imprisonment of not less than one year and not more than
14		3 years.
15		(3) Aggravated unlawful use of a weapon by a person who
16		has been previously convicted of a felony in this State or
17		another jurisdiction is a Class 2 felony for which the
18		person shall be sentenced to a term of imprisonment of not
19		less than 3 years and not more than 7 years, except as
20		provided for in Section 5-4.5-110 of the Unified Code of
21		Corrections.
22		(4) Aggravated unlawful use of a weapon while wearing
23		or in possession of body armor as defined in Section 33F-1
24		by a person who has not been issued a valid Firearms
25		Owner's Identification Card in accordance with Section 5 of
26		the Firearm Owners Identification Card Act is a Class X

SB1722 Engrossed - 14 - LRB100 11347 RLC 21730 b
1		felony.
2		(e) The possession of each firearm in violation of this
3		Section constitutes a single and separate violation.
4		(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
5		Section 20. The Cannabis Control Act is amended by changing
6		Sections 5.2 and 10 as follows:
7		(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
8		Sec. 5.2. Delivery of cannabis on school grounds.
9		(a) Any person who violates subsection (e) of Section 5 in
10		any school, on the real property comprising any school, or any
11		conveyance owned, leased or contracted by a school to transport
12		students to or from school or a school related activity, or on
13		any public way within 500 1,000 feet of the real property
14		comprising any school, or in any conveyance owned, leased or
15		contracted by a school to transport students to or from school
16		or a school related activity, and at the time of the violation
17		persons under the age of 18 are present, the offense is
18		committed during school hours, or the offense is committed at
19		times when persons under the age of 18 are reasonably expected
20		to be present in the school, in the conveyance, on the real
21		property, or on the public way, such as when after-school
22		activities are occurring, is guilty of a Class 1 felony, the
23		fine for which shall not exceed $200,000;
24		(b) Any person who violates subsection (d) of Section 5 in

SB1722 Engrossed - 15 - LRB100 11347 RLC 21730 b
1		any school, on the real property comprising any school, or any
2		conveyance owned, leased or contracted by a school to transport
3		students to or from school or a school related activity, or on
4		any public way within 500 1,000 feet of the real property
5		comprising any school, or in any conveyance owned, leased or
6		contracted by a school to transport students to or from school
7		or a school related activity, and at the time of the violation
8		persons under the age of 18 are present, the offense is
9		committed during school hours, or the offense is committed at
10		times when persons under the age of 18 are reasonably expected
11		to be present in the school, in the conveyance, on the real
12		property, or on the public way, such as when after-school
13		activities are occurring, is guilty of a Class 2 felony, the
14		fine for which shall not exceed $100,000;
15		(c) Any person who violates subsection (c) of Section 5 in
16		any school, on the real property comprising any school, or any
17		conveyance owned, leased or contracted by a school to transport
18		students to or from school or a school related activity, or on
19		any public way within 500 1,000 feet of the real property
20		comprising any school, or in any conveyance owned, leased or
21		contracted by a school to transport students to or from school
22		or a school related activity, and at the time of the violation
23		persons under the age of 18 are present, the offense is
24		committed during school hours, or the offense is committed at
25		times when persons under the age of 18 are reasonably expected
26		to be present in the school, in the conveyance, on the real

SB1722 Engrossed - 16 - LRB100 11347 RLC 21730 b
1		property, or on the public way, such as when after-school
2		activities are occurring, is guilty of a Class 3 felony, the
3		fine for which shall not exceed $50,000;
4		(d) Any person who violates subsection (b) of Section 5 in
5		any school, on the real property comprising any school, or any
6		conveyance owned, leased or contracted by a school to transport
7		students to or from school or a school related activity, or on
8		any public way within 500 1,000 feet of the real property
9		comprising any school, or in any conveyance owned, leased or
10		contracted by a school to transport students to or from school
11		or a school related activity, and at the time of the violation
12		persons under the age of 18 are present, the offense is
13		committed during school hours, or the offense is committed at
14		times when persons under the age of 18 are reasonably expected
15		to be present in the school, in the conveyance, on the real
16		property, or on the public way, such as when after-school
17		activities are occurring, is guilty of a Class 4 felony, the
18		fine for which shall not exceed $25,000;
19		(e) Any person who violates subsection (a) of Section 5 in
20		any school, on the real property comprising any school, or in
21		any conveyance owned, leased or contracted by a school to
22		transport students to or from school or a school related
23		activity, on any public way within 500 1,000 feet of the real
24		property comprising any school, or any conveyance owned, leased
25		or contracted by a school to transport students to or from
26		school or a school related activity, and at the time of the

SB1722 Engrossed - 17 - LRB100 11347 RLC 21730 b
1		violation persons under the age of 18 are present, the offense
2		is committed during school hours, or the offense is committed
3		at times when persons under the age of 18 are reasonably
4		expected to be present in the school, in the conveyance, on the
5		real property, or on the public way, such as when after-school
6		activities are occurring, is guilty of a Class A misdemeanor.
7		(Source: P.A. 87-544.)
8		(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
9		Sec. 10. (a) Whenever any person who has not previously
10		been convicted of, or placed on probation or court supervision
11		for, any felony offense under this Act or any law of the United
12		States or of any State relating to cannabis, or controlled
13		substances as defined in the Illinois Controlled Substances
14		Act, pleads guilty to or is found guilty of violating Sections
15		4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
16		may, without entering a judgment and with the consent of such
17		person, sentence him to probation.
18		(b) When a person is placed on probation, the court shall
19		enter an order specifying a period of probation of 24 months,
20		and shall defer further proceedings in the case until the
21		conclusion of the period or until the filing of a petition
22		alleging violation of a term or condition of probation.
23		(c) The conditions of probation shall be that the person:
24		(1) not violate any criminal statute of any jurisdiction; (2)
25		refrain from possession of a firearm or other dangerous weapon;

SB1722 Engrossed - 18 - LRB100 11347 RLC 21730 b
1		(3) submit to periodic drug testing at a time and in a manner
2		as ordered by the court, but no less than 3 times during the
3		period of the probation, with the cost of the testing to be
4		paid by the probationer; and (4) perform no less than 30 hours
5		of community service, provided community service is available
6		in the jurisdiction and is funded and approved by the county
7		board.
8		(d) The court may, in addition to other conditions, require
9		that the person:
10		(1) make a report to and appear in person before or
11		participate with the court or such courts, person, or
12		social service agency as directed by the court in the order
13		of probation;
14		(2) pay a fine and costs;
15		(3) work or pursue a course of study or vocational
16		training;
17		(4) undergo medical or psychiatric treatment; or
18		treatment for drug addiction or alcoholism;
19		(5) attend or reside in a facility established for the
20		instruction or residence of defendants on probation;
21		(6) support his dependents;
22		(7) refrain from possessing a firearm or other
23		dangerous weapon;
24		(7-5) refrain from having in his or her body the
25		presence of any illicit drug prohibited by the Cannabis
26		Control Act, the Illinois Controlled Substances Act, or the

SB1722 Engrossed - 19 - LRB100 11347 RLC 21730 b
1		Methamphetamine Control and Community Protection Act,
2		unless prescribed by a physician, and submit samples of his
3		or her blood or urine or both for tests to determine the
4		presence of any illicit drug;
5		(8) and in addition, if a minor:
6		(i) reside with his parents or in a foster home;
7		(ii) attend school;
8		(iii) attend a non-residential program for youth;
9		(iv) contribute to his own support at home or in a
10		foster home.
11		(e) Upon violation of a term or condition of probation, the
12		court may enter a judgment on its original finding of guilt and
13		proceed as otherwise provided.
14		(f) Upon fulfillment of the terms and conditions of
15		probation, the court shall discharge such person and dismiss
16		the proceedings against him.
17		(g) A disposition of probation is considered to be a
18		conviction for the purposes of imposing the conditions of
19		probation and for appeal, however, discharge and dismissal
20		under this Section is not a conviction for purposes of
21		disqualification or disabilities imposed by law upon
22		conviction of a crime (including the additional penalty imposed
23		for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
24		of this Act).
25		(h) A person may not have more than one discharge Discharge
26		and dismissal under this Section within a 4-year period ,

SB1722 Engrossed - 20 - LRB100 11347 RLC 21730 b
1		Section 410 of the Illinois Controlled Substances Act, Section
2		70 of the Methamphetamine Control and Community Protection Act,
3		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
4		or subsection (c) of Section 11-14 of the Criminal Code of 1961
5		or the Criminal Code of 2012 may occur only once with respect
6		to any person.
7		(i) If a person is convicted of an offense under this Act,
8		the Illinois Controlled Substances Act, or the Methamphetamine
9		Control and Community Protection Act within 5 years subsequent
10		to a discharge and dismissal under this Section, the discharge
11		and dismissal under this Section shall be admissible in the
12		sentencing proceeding for that conviction as a factor in
13		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,

SB1722 Engrossed - 21 - LRB100 11347 RLC 21730 b
1		but shall 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		Section 25. The Illinois Controlled Substances Act is
4		amended by changing Sections 407 and 410 as follows:
5		(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
6		Sec. 407. (a) (1)(A) Any person 18 years of age or over who
7		violates any subsection of Section 401 or subsection (b) of
8		Section 404 by delivering a controlled, counterfeit or
9		look-alike substance to a person under 18 years of age may be
10		sentenced to imprisonment for a term up to twice the maximum
11		term and fined an amount up to twice that amount otherwise
12		authorized by the pertinent subsection of Section 401 and
13		Subsection (b) of Section 404.
14		(B) (Blank).
15		(2) Except as provided in paragraph (3) of this subsection,
16		any person who violates:
17		(A) subsection (c) of Section 401 by delivering or
18		possessing with intent to deliver a controlled,
19		counterfeit, or look-alike substance in or on, or within
20		500 1,000 feet of, a truck stop or safety rest area, is
21		guilty of a Class 1 felony, the fine for which shall not
22		exceed $250,000;
23		(B) subsection (d) of Section 401 by delivering or
24		possessing with intent to deliver a controlled,

SB1722 Engrossed - 22 - LRB100 11347 RLC 21730 b
1		counterfeit, or look-alike substance in or on, or within
2		500 1,000 feet of, a truck stop or safety rest area, is
3		guilty of a Class 2 felony, the fine for which shall not
4		exceed $200,000;
5		(C) subsection (e) of Section 401 or subsection (b) of
6		Section 404 by delivering or possessing with intent to
7		deliver a controlled, counterfeit, or look-alike substance
8		in or on, or within 500 1,000 feet of, a truck stop or
9		safety rest area, is guilty of a Class 3 felony, the fine
10		for which shall not exceed $150,000;
11		(D) subsection (f) of Section 401 by delivering or
12		possessing with intent to deliver a controlled,
13		counterfeit, or look-alike substance in or on, or within
14		500 1,000 feet of, a truck stop or safety rest area, is
15		guilty of a Class 3 felony, the fine for which shall not
16		exceed $125,000;
17		(E) subsection (g) of Section 401 by delivering or
18		possessing with intent to deliver a controlled,
19		counterfeit, or look-alike substance in or on, or within
20		500 1,000 feet of, a truck stop or safety rest area, is
21		guilty of a Class 3 felony, the fine for which shall not
22		exceed $100,000;
23		(F) subsection (h) of Section 401 by delivering or
24		possessing with intent to deliver a controlled,
25		counterfeit, or look-alike substance in or on, or within
26		500 1,000 feet of, a truck stop or safety rest area, is

SB1722 Engrossed - 23 - LRB100 11347 RLC 21730 b
1		guilty of a Class 3 felony, the fine for which shall not
2		exceed $75,000;
3		(3) Any person who violates paragraph (2) of this
4		subsection (a) by delivering or possessing with intent to
5		deliver a controlled, counterfeit, or look-alike substance in
6		or on, or within 500 1,000 feet of a truck stop or a safety rest
7		area, following a prior conviction or convictions of paragraph
8		(2) of this subsection (a) may be sentenced to a term of
9		imprisonment up to 2 times the maximum term and fined an amount
10		up to 2 times the amount otherwise authorized by Section 401.
11		(4) For the purposes of this subsection (a):
12		(A) "Safety rest area" means a roadside facility
13		removed from the roadway with parking and facilities
14		designed for motorists' rest, comfort, and information
15		needs; and
16		(B) "Truck stop" means any facility (and its parking
17		areas) used to provide fuel or service, or both, to any
18		commercial motor vehicle as defined in Section 18b-101 of
19		the Illinois Vehicle Code.
20		(b) Any person who violates:
21		(1) subsection (c) of Section 401 in any school, on or
22		within 500 feet of the real property comprising any school,
23		or in any conveyance owned, leased or contracted by a
24		school to transport students to or from school or a school
25		related activity, and at the time of the violation persons
26		under the age of 18 are present, the offense is committed

SB1722 Engrossed - 24 - LRB100 11347 RLC 21730 b
1		during school hours, or the offense is committed at times
2		when persons under the age of 18 are reasonably expected to
3		be present in the school, in the conveyance, or on the real
4		property, such as when after-school activities are
5		occurring or residential property owned, operated or
6		managed by a public housing agency or leased by a public
7		housing agency as part of a scattered site or mixed-income
8		development, or in any public park or , on or within 500
9		feet of the real property comprising any school or
10		residential property owned, operated or managed by a public
11		housing agency or leased by a public housing agency as part
12		of a scattered site or mixed-income development, or public
13		park or within 1,000 feet of the real property comprising
14		any school or residential property owned, operated or
15		managed by a public housing agency or leased by a public
16		housing agency as part of a scattered site or mixed-income
17		development, or public park, on the real property
18		comprising any church, synagogue, or other building,
19		structure, or place used primarily for religious worship,
20		or within 500 1,000 feet of the real property comprising
21		any church, synagogue, or other building, structure, or
22		place used primarily for religious worship, on the real
23		property comprising any of the following places,
24		buildings, or structures used primarily for housing or
25		providing space for activities for senior citizens:
26		nursing homes, assisted-living centers, senior citizen

SB1722 Engrossed - 25 - LRB100 11347 RLC 21730 b
1		housing complexes, or senior centers oriented toward
2		daytime activities, or within 500 1,000 feet of the real
3		property comprising any of the following places,
4		buildings, or structures used primarily for housing or
5		providing space for activities for senior citizens:
6		nursing homes, assisted-living centers, senior citizen
7		housing complexes, or senior centers oriented toward
8		daytime activities and at the time of the violation persons
9		are present or reasonably expected to be present in the
10		church, synagogue, or other building, structure, or place
11		used primarily for religious worship during worship
12		services, or in buildings or structures used primarily for
13		housing or providing space for activities for senior
14		citizens: nursing homes, assisted-living centers, senior
15		citizen housing complexes, or senior centers oriented
16		toward daytime activities during the hours those places,
17		buildings, or structures are open for those activities, or
18		on the real property is guilty of a Class X felony, the
19		fine for which shall not exceed $500,000;
20		(2) subsection (d) of Section 401 in any school, on or
21		within 500 feet of the real property comprising any school,
22		or in any conveyance owned, leased or contracted by a
23		school to transport students to or from school or a school
24		related activity, and at the time of the violation persons
25		under the age of 18 are present, the offense is committed
26		during school hours, or the offense is committed at times

SB1722 Engrossed - 26 - LRB100 11347 RLC 21730 b
1		when persons under the age of 18 are reasonably expected to
2		be present in the school, in the conveyance, or on the real
3		property, such as when after-school activities are
4		occurring or residential property owned, operated or
5		managed by a public housing agency or leased by a public
6		housing agency as part of a scattered site or mixed-income
7		development, or in any public park or , on or within 500
8		feet of the real property comprising any school or
9		residential property owned, operated or managed by a public
10		housing agency or leased by a public housing agency as part
11		of a scattered site or mixed-income development, or public
12		park or within 1,000 feet of the real property comprising
13		any school or residential property owned, operated or
14		managed by a public housing agency or leased by a public
15		housing agency as part of a scattered site or mixed-income
16		development, or public park, on the real property
17		comprising any church, synagogue, or other building,
18		structure, or place used primarily for religious worship,
19		or within 500 1,000 feet of the real property comprising
20		any church, synagogue, or other building, structure, or
21		place used primarily for religious worship, on the real
22		property comprising any of the following places,
23		buildings, or structures used primarily for housing or
24		providing space for activities for senior citizens:
25		nursing homes, assisted-living centers, senior citizen
26		housing complexes, or senior centers oriented toward

SB1722 Engrossed - 27 - LRB100 11347 RLC 21730 b
1		daytime activities, or within 500 1,000 feet of the real
2		property comprising any of the following places,
3		buildings, or structures used primarily for housing or
4		providing space for activities for senior citizens:
5		nursing homes, assisted-living centers, senior citizen
6		housing complexes, or senior centers oriented toward
7		daytime activities and at the time of the violation persons
8		are present or reasonably expected to be present in the
9		church, synagogue, or other building, structure, or place
10		used primarily for religious worship during worship
11		services, or in buildings or structures used primarily for
12		housing or providing space for activities for senior
13		citizens: nursing homes, assisted-living centers, senior
14		citizen housing complexes, or senior centers oriented
15		toward daytime activities during the hours those places,
16		buildings, or structures are open for those activities, or
17		on the real property is guilty of a Class 1 felony, the
18		fine for which shall not exceed $250,000;
19		(3) subsection (e) of Section 401 or Subsection (b) of
20		Section 404 in any school, on or within 500 feet of the
21		real property comprising any school, or in any conveyance
22		owned, leased or contracted by a school to transport
23		students to or from school or a school related activity,
24		and at the time of the violation persons under the age of
25		18 are present, the offense is committed during school
26		hours, or the offense is committed at times when persons

SB1722 Engrossed - 28 - LRB100 11347 RLC 21730 b
1		under the age of 18 are reasonably expected to be present
2		in the school, in the conveyance, or on the real property,
3		such as when after-school activities are occurring or
4		residential property owned, operated or managed by a public
5		housing agency or leased by a public housing agency as part
6		of a scattered site or mixed-income development, or in any
7		public park or , on or within 500 feet of the real property
8		comprising any school or residential property owned,
9		operated or managed by a public housing agency or leased by
10		a public housing agency as part of a scattered site or
11		mixed-income development, or public park or within 1,000
12		feet of the real property comprising any school or
13		residential property owned, operated or managed by a public
14		housing agency or leased by a public housing agency as part
15		of a scattered site or mixed-income development, or public
16		park, on the real property comprising any church,
17		synagogue, or other building, structure, or place used
18		primarily for religious worship, or within 500 1,000 feet
19		of the real property comprising any church, synagogue, or
20		other building, structure, or place used primarily for
21		religious worship, on the real property comprising any of
22		the following places, buildings, or structures used
23		primarily for housing or providing space for activities for
24		senior citizens: nursing homes, assisted-living centers,
25		senior citizen housing complexes, or senior centers
26		oriented toward daytime activities, or within 500 1,000

SB1722 Engrossed - 29 - LRB100 11347 RLC 21730 b
1		feet of the real property comprising any of the following
2		places, buildings, or structures used primarily for
3		housing or providing space for activities for senior
4		citizens: nursing homes, assisted-living centers, senior
5		citizen housing complexes, or senior centers oriented
6		toward daytime activities and at the time of the violation
7		persons are present or reasonably expected to be present in
8		the church, synagogue, or other building, structure, or
9		place used primarily for religious worship during worship
10		services, or in buildings or structures used primarily for
11		housing or providing space for activities for senior
12		citizens: nursing homes, assisted-living centers, senior
13		citizen housing complexes, or senior centers oriented
14		toward daytime activities during the hours those places,
15		buildings, or structures are open for those activities, or
16		on the real property is guilty of a Class 2 felony, the
17		fine for which shall not exceed $200,000;
18		(4) subsection (f) of Section 401 in any school, on or
19		within 500 feet of the real property comprising any school,
20		or in any conveyance owned, leased or contracted by a
21		school to transport students to or from school or a school
22		related activity, and at the time of the violation persons
23		under the age of 18 are present, the offense is committed
24		during school hours, or the offense is committed at times
25		when persons under the age of 18 are reasonably expected to
26		be present in the school, in the conveyance, or on the real

SB1722 Engrossed - 30 - LRB100 11347 RLC 21730 b
1		property, such as when after-school activities are
2		occurring or residential property owned, operated or
3		managed by a public housing agency or leased by a public
4		housing agency as part of a scattered site or mixed-income
5		development, or in any public park or , on or within 500
6		feet of the real property comprising any school or
7		residential property owned, operated or managed by a public
8		housing agency or leased by a public housing agency as part
9		of a scattered site or mixed-income development, or public
10		park or within 1,000 feet of the real property comprising
11		any school or residential property owned, operated or
12		managed by a public housing agency or leased by a public
13		housing agency as part of a scattered site or mixed-income
14		development, or public park, on the real property
15		comprising any church, synagogue, or other building,
16		structure, or place used primarily for religious worship,
17		or within 500 1,000 feet of the real property comprising
18		any church, synagogue, or other building, structure, or
19		place used primarily for religious worship, on the real
20		property comprising any of the following places,
21		buildings, or structures used primarily for housing or
22		providing space for activities for senior citizens:
23		nursing homes, assisted-living centers, senior citizen
24		housing complexes, or senior centers oriented toward
25		daytime activities, or within 500 1,000 feet of the real
26		property comprising any of the following places,

SB1722 Engrossed - 31 - LRB100 11347 RLC 21730 b
1		buildings, or structures used primarily for housing or
2		providing space for activities for senior citizens:
3		nursing homes, assisted-living centers, senior citizen
4		housing complexes, or senior centers oriented toward
5		daytime activities and at the time of the violation persons
6		are present or reasonably expected to be present in the
7		church, synagogue, or other building, structure, or place
8		used primarily for religious worship during worship
9		services, or in buildings or structures used primarily for
10		housing or providing space for activities for senior
11		citizens: nursing homes, assisted-living centers, senior
12		citizen housing complexes, or senior centers oriented
13		toward daytime activities during the hours those places,
14		buildings, or structures are open for those activities, or
15		on the real property is guilty of a Class 2 felony, the
16		fine for which shall not exceed $150,000;
17		(5) subsection (g) of Section 401 in any school, on or
18		within 500 feet of the real property comprising any school,
19		or in any conveyance owned, leased or contracted by a
20		school to transport students to or from school or a school
21		related activity, and at the time of the violation persons
22		under the age of 18 are present, the offense is committed
23		during school hours, or the offense is committed at times
24		when persons under the age of 18 are reasonably expected to
25		be present in the school, in the conveyance, or on the real
26		property, such as when after-school activities are

SB1722 Engrossed - 32 - LRB100 11347 RLC 21730 b
1		occurring or residential property owned, operated or
2		managed by a public housing agency or leased by a public
3		housing agency as part of a scattered site or mixed-income
4		development, or in any public park or , on or within 500
5		feet of the real property comprising any school or
6		residential property owned, operated or managed by a public
7		housing agency or leased by a public housing agency as part
8		of a scattered site or mixed-income development, or public
9		park or within 1,000 feet of the real property comprising
10		any school or residential property owned, operated or
11		managed by a public housing agency or leased by a public
12		housing agency as part of a scattered site or mixed-income
13		development, or public park, on the real property
14		comprising any church, synagogue, or other building,
15		structure, or place used primarily for religious worship,
16		or within 500 1,000 feet of the real property comprising
17		any church, synagogue, or other building, structure, or
18		place used primarily for religious worship, on the real
19		property comprising any of the following places,
20		buildings, or structures used primarily for housing or
21		providing space for activities for senior citizens:
22		nursing homes, assisted-living centers, senior citizen
23		housing complexes, or senior centers oriented toward
24		daytime activities, or within 500 1,000 feet of the real
25		property comprising any of the following places,
26		buildings, or structures used primarily for housing or

SB1722 Engrossed - 33 - LRB100 11347 RLC 21730 b
1		providing space for activities for senior citizens:
2		nursing homes, assisted-living centers, senior citizen
3		housing complexes, or senior centers oriented toward
4		daytime activities and at the time of the violation persons
5		are present or reasonably expected to be present in the
6		church, synagogue, or other building, structure, or place
7		used primarily for religious worship during worship
8		services, or in buildings or structures used primarily for
9		housing or providing space for activities for senior
10		citizens: nursing homes, assisted-living centers, senior
11		citizen housing complexes, or senior centers oriented
12		toward daytime activities during the hours those places,
13		buildings, or structures are open for those activities, or
14		on the real property is guilty of a Class 2 felony, the
15		fine for which shall not exceed $125,000;
16		(6) subsection (h) of Section 401 in any school, on or
17		within 500 feet of the real property comprising any school,
18		or in any conveyance owned, leased or contracted by a
19		school to transport students to or from school or a school
20		related activity, and at the time of the violation persons
21		under the age of 18 are present, the offense is committed
22		during school hours, or the offense is committed at times
23		when persons under the age of 18 are reasonably expected to
24		be present in the school, in the conveyance, or on the real
25		property, such as when after-school activities are
26		occurring or residential property owned, operated or

SB1722 Engrossed - 34 - LRB100 11347 RLC 21730 b
1		managed by a public housing agency or leased by a public
2		housing agency as part of a scattered site or mixed-income
3		development, or in any public park or , on or within 500
4		feet of the real property comprising any school or
5		residential property owned, operated or managed by a public
6		housing agency or leased by a public housing agency as part
7		of a scattered site or mixed-income development, or public
8		park or within 1,000 feet of the real property comprising
9		any school or residential property owned, operated or
10		managed by a public housing agency or leased by a public
11		housing agency as part of a scattered site or mixed-income
12		development, or public park, on the real property
13		comprising any church, synagogue, or other building,
14		structure, or place used primarily for religious worship,
15		or within 500 1,000 feet of the real property comprising
16		any church, synagogue, or other building, structure, or
17		place used primarily for religious worship, on the real
18		property comprising any of the following places,
19		buildings, or structures used primarily for housing or
20		providing space for activities for senior citizens:
21		nursing homes, assisted-living centers, senior citizen
22		housing complexes, or senior centers oriented toward
23		daytime activities, or within 500 1,000 feet of the real
24		property comprising any of the following places,
25		buildings, or structures used primarily for housing or
26		providing space for activities for senior citizens:

SB1722 Engrossed - 35 - LRB100 11347 RLC 21730 b
1		nursing homes, assisted-living centers, senior citizen
2		housing complexes, or senior centers oriented toward
3		daytime activities and at the time of the violation persons
4		are present or reasonably expected to be present in the
5		church, synagogue, or other building, structure, or place
6		used primarily for religious worship during worship
7		services, or in buildings or structures used primarily for
8		housing or providing space for activities for senior
9		citizens: nursing homes, assisted-living centers, senior
10		citizen housing complexes, or senior centers oriented
11		toward daytime activities during the hours those places,
12		buildings, or structures are open for those activities, or
13		on the real property is guilty of a Class 2 felony, the
14		fine for which shall not exceed $100,000.
15		(c) Regarding penalties prescribed in subsection (b) for
16		violations committed in a school or on or within 500 1,000 feet
17		of school property, the time of day and , time of year and
18		whether classes were currently in session at the time of the
19		offense is irrelevant.
20		(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
21		(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
22		Sec. 410. (a) Whenever any person who has not previously
23		been convicted of, or placed on probation or court supervision
24		for any felony offense under this Act or any law of the United
25		States or of any State relating to cannabis or controlled

SB1722 Engrossed - 36 - LRB100 11347 RLC 21730 b
1		substances, pleads guilty to or is found guilty of possession
2		of a controlled or counterfeit substance under subsection (c)
3		of Section 402 or of unauthorized possession of prescription
4		form under Section 406.2, the court, without entering a
5		judgment and with the consent of such person, may sentence him
6		or her to probation.
7		(b) When a person is placed on probation, the court shall
8		enter an order specifying a period of probation of 24 months
9		and shall defer further proceedings in the case until the
10		conclusion of the period or until the filing of a petition
11		alleging violation of a term or condition of probation.
12		(c) The conditions of probation shall be that the person:
13		(1) not violate any criminal statute of any jurisdiction; (2)
14		refrain from possessing a firearm or other dangerous weapon;
15		(3) submit to periodic drug testing at a time and in a manner
16		as ordered by the court, but no less than 3 times during the
17		period of the probation, with the cost of the testing to be
18		paid by the probationer; and (4) perform no less than 30 hours
19		of community service, provided community service is available
20		in the jurisdiction and is funded and approved by the county
21		board.
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

SB1722 Engrossed - 37 - LRB100 11347 RLC 21730 b
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

SB1722 Engrossed - 38 - LRB100 11347 RLC 21730 b
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) A person may not have more than There may be only one
12		discharge and dismissal under this Section within a 4-year
13		period , Section 10 of the Cannabis Control Act, Section 70 of
14		the Methamphetamine Control and Community Protection Act,
15		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
16		or subsection (c) of Section 11-14 of the Criminal Code of 1961
17		or the Criminal Code of 2012 with respect to any person.
18		(i) If a person is convicted of an offense under this Act,
19		the Cannabis Control Act, or the Methamphetamine Control and
20		Community Protection Act within 5 years subsequent to a
21		discharge and dismissal under this Section, the discharge and
22		dismissal under this Section shall be admissible in the
23		sentencing proceeding for that conviction as evidence in
24		aggravation.
25		(j) Notwithstanding subsection (a), before a person is
26		sentenced to probation under this Section, the court may refer

SB1722 Engrossed - 39 - LRB100 11347 RLC 21730 b
1		the person to the drug court established in that judicial
2		circuit pursuant to Section 15 of the Drug Court Treatment Act.
3		The drug court team shall evaluate the person's likelihood of
4		successfully completing a sentence of probation under this
5		Section and shall report the results of its evaluation to the
6		court. If the drug court team finds that the person suffers
7		from a substance abuse problem that makes him or her
8		substantially unlikely to successfully complete a sentence of
9		probation under this Section, then the drug court shall set
10		forth its findings in the form of a written order, and the
11		person shall not be sentenced to probation under this Section,
12		but shall may be considered for the drug court program.
13		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
14		Section 30. The Methamphetamine Control and Community
15		Protection Act is amended by changing Sections 15, 55, and 70
16		as follows:
17		(720 ILCS 646/15)
18		Sec. 15. Participation in methamphetamine manufacturing.
19		(a) Participation in methamphetamine manufacturing.
20		(1) It is unlawful to knowingly participate in the
21		manufacture of methamphetamine with the intent that
22		methamphetamine or a substance containing methamphetamine
23		be produced.
24		(2) A person who violates paragraph (1) of this

SB1722 Engrossed - 40 - LRB100 11347 RLC 21730 b
1		subsection (a) is subject to the following penalties:
2		(A) A person who participates in the manufacture of
3		less than 15 grams of methamphetamine or a substance
4		containing methamphetamine is guilty of a Class 1
5		felony.
6		(B) A person who participates in the manufacture of
7		15 or more grams but less than 100 grams of
8		methamphetamine or a substance containing
9		methamphetamine is guilty of a Class X felony, subject
10		to a term of imprisonment of not less than 6 years and
11		not more than 30 years, and subject to a fine not to
12		exceed $100,000 or the street value of the
13		methamphetamine manufactured, whichever is greater.
14		(C) A person who participates in the manufacture of
15		100 or more grams but less than 400 grams of
16		methamphetamine or a substance containing
17		methamphetamine is guilty of a Class X felony, subject
18		to a term of imprisonment of not less than 9 years and
19		not more than 40 years, and subject to a fine not to
20		exceed $200,000 or the street value of the
21		methamphetamine manufactured, whichever is greater.
22		(D) A person who participates in the manufacture of
23		400 or more grams but less than 900 grams of
24		methamphetamine or a substance containing
25		methamphetamine is guilty of a Class X felony, subject
26		to a term of imprisonment of not less than 12 years and

SB1722 Engrossed - 41 - LRB100 11347 RLC 21730 b
1		not more than 50 years, and subject to a fine not to
2		exceed $300,000 or the street value of the
3		methamphetamine manufactured, whichever is greater.
4		(E) A person who participates in the manufacture of
5		900 grams or more of methamphetamine or a substance
6		containing methamphetamine is guilty of a Class X
7		felony, subject to a term of imprisonment of not less
8		than 15 years and not more than 60 years, and subject
9		to a fine not to exceed $400,000 or the street value of
10		the methamphetamine, whichever is greater.
11		(b) Aggravated participation in methamphetamine
12		manufacturing.
13		(1) It is unlawful to engage in aggravated
14		participation in the manufacture of methamphetamine. A
15		person engages in aggravated participation in the
16		manufacture of methamphetamine when the person violates
17		paragraph (1) of subsection (a) and:
18		(A) the person knowingly does so in a multi-unit
19		dwelling;
20		(B) the person knowingly does so in a structure or
21		vehicle where a child under the age of 18, a person
22		with a disability, or a person 60 years of age or older
23		who is incapable of adequately providing for his or her
24		own health and personal care resides, is present, or is
25		endangered by the manufacture of methamphetamine;
26		(C) the person does so in a structure or vehicle

SB1722 Engrossed - 42 - LRB100 11347 RLC 21730 b
1		where a woman the person knows to be pregnant
2		(including but not limited to the person herself)
3		resides, is present, or is endangered by the
4		methamphetamine manufacture;
5		(D) the person knowingly does so in a structure or
6		vehicle protected by one or more firearms, explosive
7		devices, booby traps, alarm systems, surveillance
8		systems, guard dogs, or dangerous animals;
9		(E) the methamphetamine manufacturing in which the
10		person participates is a contributing cause of the
11		death, serious bodily injury, disability, or
12		disfigurement of another person, including but not
13		limited to an emergency service provider;
14		(F) the methamphetamine manufacturing in which the
15		person participates is a contributing cause of a fire
16		or explosion that damages property belonging to
17		another person;
18		(G) the person knowingly organizes, directs, or
19		finances the methamphetamine manufacturing or
20		activities carried out in support of the
21		methamphetamine manufacturing; or
22		(H) the methamphetamine manufacturing occurs
23		within 500 1,000 feet of a place of worship or
24		parsonage, or within 500 1,000 feet of the real
25		property comprising any school at a time when children,
26		clergy, patrons, staff, or other persons are present or

SB1722 Engrossed - 43 - LRB100 11347 RLC 21730 b
1		any activity sanctioned by the place of worship or
2		parsonage or school is taking place.
3		(2) A person who violates paragraph (1) of this
4		subsection (b) is subject to the following penalties:
5		(A) A person who participates in the manufacture of
6		less than 15 grams of methamphetamine or a substance
7		containing methamphetamine is guilty of a Class X
8		felony, subject to a term of imprisonment of not less
9		than 6 years and not more than 30 years, and subject to
10		a fine not to exceed $100,000 or the street value of
11		the methamphetamine, whichever is greater.
12		(B) A person who participates in the manufacture of
13		15 or more grams but less than 100 grams of
14		methamphetamine or a substance containing
15		methamphetamine is guilty of a Class X felony, subject
16		to a term of imprisonment of not less than 9 years and
17		not more than 40 years, and subject to a fine not to
18		exceed $200,000 or the street value of the
19		methamphetamine, whichever is greater.
20		(C) A person who participates in the manufacture of
21		100 or more grams but less than 400 grams of
22		methamphetamine or a substance containing
23		methamphetamine is guilty of a Class X felony, subject
24		to a term of imprisonment of not less than 12 years and
25		not more than 50 years, and subject to a fine not to
26		exceed $300,000 or the street value of the

SB1722 Engrossed - 44 - LRB100 11347 RLC 21730 b
1		methamphetamine, whichever is greater.
2		(D) A person who participates in the manufacture of
3		400 grams or more of methamphetamine or a substance
4		containing methamphetamine is guilty of a Class X
5		felony, subject to a term of imprisonment of not less
6		than 15 years and not more than 60 years, and subject
7		to a fine not to exceed $400,000 or the street value of
8		the methamphetamine, whichever is greater.
9		(Source: P.A. 98-980, eff. 1-1-15.)
10		(720 ILCS 646/55)
11		Sec. 55. Methamphetamine delivery.
12		(a) Delivery or possession with intent to deliver
13		methamphetamine or a substance containing methamphetamine.
14		(1) It is unlawful knowingly to engage in the delivery
15		or possession with intent to deliver methamphetamine or a
16		substance containing methamphetamine.
17		(2) A person who violates paragraph (1) of this
18		subsection (a) is subject to the following penalties:
19		(A) A person who delivers or possesses with intent
20		to deliver less than 5 grams of methamphetamine or a
21		substance containing methamphetamine is guilty of a
22		Class 2 felony.
23		(B) A person who delivers or possesses with intent
24		to deliver 5 or more grams but less than 15 grams of
25		methamphetamine or a substance containing

SB1722 Engrossed - 45 - LRB100 11347 RLC 21730 b
1		methamphetamine is guilty of a Class 1 felony.
2		(C) A person who delivers or possesses with intent
3		to deliver 15 or more grams but less than 100 grams of
4		methamphetamine or a substance containing
5		methamphetamine is guilty of a Class X felony, subject
6		to a term of imprisonment of not less than 6 years and
7		not more than 30 years, and subject to a fine not to
8		exceed $100,000 or the street value of the
9		methamphetamine, whichever is greater.
10		(D) A person who delivers or possesses with intent
11		to deliver 100 or more grams but less than 400 grams of
12		methamphetamine or a substance containing
13		methamphetamine is guilty of a Class X felony, subject
14		to a term of imprisonment of not less than 9 years and
15		not more than 40 years, and subject to a fine not to
16		exceed $200,000 or the street value of the
17		methamphetamine, whichever is greater.
18		(E) A person who delivers or possesses with intent
19		to deliver 400 or more grams but less than 900 grams of
20		methamphetamine or a substance containing
21		methamphetamine is guilty of a Class X felony, subject
22		to a term of imprisonment of not less than 12 years and
23		not more than 50 years, and subject to a fine not to
24		exceed $300,000 or the street value of the
25		methamphetamine, whichever is greater.
26		(F) A person who delivers or possesses with intent

SB1722 Engrossed - 46 - LRB100 11347 RLC 21730 b
1		to deliver 900 or more grams of methamphetamine or a
2		substance containing methamphetamine is guilty of a
3		Class X felony, subject to a term of imprisonment of
4		not less than 15 years and not more than 60 years, and
5		subject to a fine not to exceed $400,000 or the street
6		value of the methamphetamine, whichever is greater.
7		(b) Aggravated delivery or possession with intent to
8		deliver methamphetamine or a substance containing
9		methamphetamine.
10		(1) It is unlawful to engage in the aggravated delivery
11		or possession with intent to deliver methamphetamine or a
12		substance containing methamphetamine. A person engages in
13		the aggravated delivery or possession with intent to
14		deliver methamphetamine or a substance containing
15		methamphetamine when the person violates paragraph (1) of
16		subsection (a) of this Section and:
17		(A) the person is at least 18 years of age and
18		knowingly delivers or possesses with intent to deliver
19		the methamphetamine or substance containing
20		methamphetamine to a person under 18 years of age;
21		(B) the person is at least 18 years of age and
22		knowingly uses, engages, employs, or causes another
23		person to use, engage, or employ a person under 18
24		years of age to deliver the methamphetamine or
25		substance containing methamphetamine;
26		(C) the person knowingly delivers or possesses

SB1722 Engrossed - 47 - LRB100 11347 RLC 21730 b
1		with intent to deliver the methamphetamine or
2		substance containing methamphetamine in any structure
3		or vehicle protected by one or more firearms, explosive
4		devices, booby traps, alarm systems, surveillance
5		systems, guard dogs, or dangerous animals;
6		(D) the person knowingly delivers or possesses
7		with intent to deliver the methamphetamine or
8		substance containing methamphetamine in any school, on
9		any real property comprising any school, or in any
10		conveyance owned, leased, or contracted by a school to
11		transport students to or from school or a
12		school-related activity and at the time of the
13		violation persons under the age of 18 are present, the
14		offense is committed during school hours, or the
15		offense is committed at times when persons under the
16		age of 18 are reasonably expected to be present in the
17		school, in the conveyance, or on the real property,
18		such as when after-school activities are occurring;
19		(E) the person delivers or causes another person to
20		deliver the methamphetamine or substance containing
21		methamphetamine to a woman that the person knows to be
22		pregnant; or
23		(F) (blank).
24		(2) A person who violates paragraph (1) of this
25		subsection (b) is subject to the following penalties:
26		(A) A person who delivers or possesses with intent

SB1722 Engrossed - 48 - LRB100 11347 RLC 21730 b
1		to deliver less than 5 grams of methamphetamine or a
2		substance containing methamphetamine is guilty of a
3		Class 1 felony.
4		(B) A person who delivers or possesses with intent
5		to deliver 5 or more grams but less than 15 grams of
6		methamphetamine or a substance containing
7		methamphetamine is guilty of a Class X felony, subject
8		to a term of imprisonment of not less than 6 years and
9		not more than 30 years, and subject to a fine not to
10		exceed $100,000 or the street value of the
11		methamphetamine, whichever is greater.
12		(C) A person who delivers or possesses with intent
13		to deliver 15 or more grams but less than 100 grams of
14		methamphetamine or a substance containing
15		methamphetamine is guilty of a Class X felony, subject
16		to a term of imprisonment of not less than 8 years and
17		not more than 40 years, and subject to a fine not to
18		exceed $200,000 or the street value of the
19		methamphetamine, whichever is greater.
20		(D) A person who delivers or possesses with intent
21		to deliver 100 or more grams of methamphetamine or a
22		substance containing methamphetamine is guilty of a
23		Class X felony, subject to a term of imprisonment of
24		not less than 10 years and not more than 50 years, and
25		subject to a fine not to exceed $300,000 or the street
26		value of the methamphetamine, whichever is greater.

SB1722 Engrossed - 49 - LRB100 11347 RLC 21730 b
1		(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
2		(720 ILCS 646/70)
3		Sec. 70. Probation.
4		(a) Whenever any person who has not previously been
5		convicted of, or placed on probation or court supervision for
6		any felony offense under this Act, the Illinois Controlled
7		Substances Act, the Cannabis Control Act, or any law of the
8		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

SB1722 Engrossed - 50 - LRB100 11347 RLC 21730 b
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.
6		(d) The court may, in addition to other conditions, require
7		that the person take one or more of the following actions:
8		(1) make a report to and appear in person before or
9		participate with the court or such courts, person, or
10		social service agency as directed by the court in the order
11		of probation;
12		(2) pay a fine and costs;
13		(3) work or pursue a course of study or vocational
14		training;
15		(4) undergo medical or psychiatric treatment; or
16		treatment or rehabilitation approved by the Illinois
17		Department of Human Services;
18		(5) attend or reside in a facility established for the
19		instruction or residence of defendants on probation;
20		(6) support his or her dependents;
21		(7) refrain from having in his or her body the presence
22		of any illicit drug prohibited by this Act, the Cannabis
23		Control Act, or the Illinois Controlled Substances Act,
24		unless prescribed by a physician, and submit samples of his
25		or her blood or urine or both for tests to determine the
26		presence of any illicit drug; or

SB1722 Engrossed - 51 - LRB100 11347 RLC 21730 b
1		(8) if a minor:
2		(i) reside with his or her parents or in a foster
3		home;
4		(ii) attend school;
5		(iii) attend a non-residential program for youth;
6		or
7		(iv) contribute to his or her own support at home
8		or in a foster home.
9		(e) Upon violation of a term or condition of probation, the
10		court may enter a judgment on its original finding of guilt and
11		proceed as otherwise provided.
12		(f) Upon fulfillment of the terms and conditions of
13		probation, the court shall discharge the person and dismiss the
14		proceedings against the person.
15		(g) A disposition of probation is considered to be a
16		conviction for the purposes of imposing the conditions of
17		probation and for appeal, however, discharge and dismissal
18		under this Section is not a conviction for purposes of this Act
19		or for purposes of disqualifications or disabilities imposed by
20		law upon conviction of a crime.
21		(h) A person may not have more than There may be only one
22		discharge and dismissal under this Section within a 4-year
23		period , Section 410 of the Illinois Controlled Substances Act,
24		Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
25		5-6-3.4 of the Unified Code of Corrections, or subsection (c)
26		of Section 11-14 of the Criminal Code of 1961 or the Criminal

SB1722 Engrossed - 52 - LRB100 11347 RLC 21730 b
1		Code of 2012 with respect to any person.
2		(i) If a person is convicted of an offense under this Act,
3		the Cannabis Control Act, or the Illinois Controlled Substances
4		Act within 5 years subsequent to a discharge and dismissal
5		under this Section, the discharge and dismissal under this
6		Section are admissible in the sentencing proceeding for that
7		conviction as evidence in aggravation.
8		(j) Notwithstanding subsection (a), before a person is
9		sentenced to probation under this Section, the court may refer
10		the person to the drug court established in that judicial
11		circuit pursuant to Section 15 of the Drug Court Treatment Act.
12		The drug court team shall evaluate the person's likelihood of
13		successfully completing a sentence of probation under this
14		Section and shall report the results of its evaluation to the
15		court. If the drug court team finds that the person suffers
16		from a substance abuse problem that makes him or her
17		substantially unlikely to successfully complete a sentence of
18		probation under this Section, then the drug court shall set
19		forth its findings in the form of a written order, and the
20		person shall not be sentenced to probation under this Section,
21		but shall may be considered for the drug court program.
22		(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
23		Section 35. The Unified Code of Corrections is amended by
24		changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4,
25		and 5-8-8 and by adding Section 5-4.5-110 as follows:

SB1722 Engrossed - 53 - LRB100 11347 RLC 21730 b
1		(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
2		Sec. 3-3-8. Length of parole and mandatory supervised
3		release; discharge.
4		(a) The length of parole for a person sentenced under the
5		law in effect prior to the effective date of this amendatory
6		Act of 1977 and the length of mandatory supervised release for
7		those sentenced under the law in effect on and after such
8		effective date shall be as set out in Section 5-8-1 unless
9		sooner terminated under paragraph (b) of this Section.
10		(b) The Prisoner Review Board may enter an order releasing
11		and discharging one from parole or mandatory supervised
12		release, and his or her commitment to the Department, when it
13		determines that he or she is likely to remain at liberty
14		without committing another offense.
15		(b-1) Provided that the subject is in compliance with the
16		terms and conditions of his or her parole or mandatory
17		supervised release, the Prisoner Review Board may reduce the
18		period of a parolee or releasee's parole or mandatory
19		supervised release by 90 days upon the parolee or releasee
20		receiving a high school diploma or upon passage of high school
21		equivalency testing during the period of his or her parole or
22		mandatory supervised release. This reduction in the period of a
23		subject's term of parole or mandatory supervised release shall
24		be available only to subjects who have not previously earned a
25		high school diploma or who have not previously passed high

SB1722 Engrossed - 54 - LRB100 11347 RLC 21730 b
1		school equivalency testing.
2		(b-2) The Prisoner Review Board may release a low-risk and
3		need subject person from mandatory supervised release as
4		determined by an appropriate evidence-based risk and need
5		assessment.
6		(c) The order of discharge shall become effective upon
7		entry of the order of the Board. The Board shall notify the
8		clerk of the committing court of the order. Upon receipt of
9		such copy, the clerk shall make an entry on the record judgment
10		that the sentence or commitment has been satisfied pursuant to
11		the order.
12		(d) Rights of the person discharged under this Section
13		shall be restored under Section 5-5-5.
14		(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
15		eff. 1-1-16; 99-628, eff. 1-1-17.)
16		(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
17		(Text of Section before amendment by P.A. 99-938)
18		Sec. 3-6-3. Rules and regulations for sentence credit.
19		(a)(1) The Department of Corrections shall prescribe rules
20		and regulations for awarding and revoking sentence credit for
21		persons committed to the Department which shall be subject to
22		review by the Prisoner Review Board.
23		(1.5) As otherwise provided by law, sentence credit may be
24		awarded for the following:
25		(A) successful completion of programming while in

SB1722 Engrossed - 55 - LRB100 11347 RLC 21730 b
1		custody of the Department or while in custody prior to
2		sentencing;
3		(B) compliance with the rules and regulations of the
4		Department; or
5		(C) service to the institution, service to a community,
6		or service to the State.
7		(2) The rules and regulations on sentence credit shall
8		provide, with respect to offenses listed in clause (i), (ii),
9		or (iii) of this paragraph (2) committed on or after June 19,
10		1998 or with respect to the offense listed in clause (iv) of
11		this paragraph (2) committed on or after June 23, 2005 (the
12		effective date of Public Act 94-71) or with respect to offense
13		listed in clause (vi) committed on or after June 1, 2008 (the
14		effective date of Public Act 95-625) or with respect to the
15		offense of being an armed habitual criminal committed on or
16		after August 2, 2005 (the effective date of Public Act 94-398)
17		or with respect to the offenses listed in clause (v) of this
18		paragraph (2) committed on or after August 13, 2007 (the
19		effective date of Public Act 95-134) or with respect to the
20		offense of aggravated domestic battery committed on or after
21		July 23, 2010 (the effective date of Public Act 96-1224) or
22		with respect to the offense of attempt to commit terrorism
23		committed on or after January 1, 2013 (the effective date of
24		Public Act 97-990), the following:
25		(i) that a prisoner who is serving a term of
26		imprisonment for first degree murder or for the offense of

SB1722 Engrossed - 56 - LRB100 11347 RLC 21730 b
1		terrorism shall receive no sentence credit and shall serve
2		the entire sentence imposed by the court;
3		(ii) that a prisoner serving a sentence for attempt to
4		commit terrorism, attempt to commit first degree murder,
5		solicitation of murder, solicitation of murder for hire,
6		intentional homicide of an unborn child, predatory
7		criminal sexual assault of a child, aggravated criminal
8		sexual assault, criminal sexual assault, aggravated
9		kidnapping, aggravated battery with a firearm as described
10		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
11		(e)(4) of Section 12-3.05, heinous battery as described in
12		Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
13		being an armed habitual criminal, aggravated battery of a
14		senior citizen as described in Section 12-4.6 or
15		subdivision (a)(4) of Section 12-3.05, or aggravated
16		battery of a child as described in Section 12-4.3 or
17		subdivision (b)(1) of Section 12-3.05 shall receive no more
18		than 4.5 days of sentence credit for each month of his or
19		her sentence of imprisonment;
20		(iii) that a prisoner serving a sentence for home
21		invasion, armed robbery, aggravated vehicular hijacking,
22		aggravated discharge of a firearm, or armed violence with a
23		category I weapon or category II weapon, when the court has
24		made and entered a finding, pursuant to subsection (c-1) of
25		Section 5-4-1 of this Code, that the conduct leading to
26		conviction for the enumerated offense resulted in great

SB1722 Engrossed - 57 - LRB100 11347 RLC 21730 b
1		bodily harm to a victim, shall receive no more than 4.5
2		days of sentence credit for each month of his or her
3		sentence of imprisonment;
4		(iv) that a prisoner serving a sentence for aggravated
5		discharge of a firearm, whether or not the conduct leading
6		to conviction for the offense resulted in great bodily harm
7		to the victim, shall receive no more than 4.5 days of
8		sentence credit for each month of his or her sentence of
9		imprisonment;
10		(v) that a person serving a sentence for gunrunning,
11		narcotics racketeering, controlled substance trafficking,
12		methamphetamine trafficking, drug-induced homicide,
13		aggravated methamphetamine-related child endangerment,
14		money laundering pursuant to clause (c) (4) or (5) of
15		Section 29B-1 of the Criminal Code of 1961 or the Criminal
16		Code of 2012, or a Class X felony conviction for delivery
17		of a controlled substance, possession of a controlled
18		substance with intent to manufacture or deliver,
19		calculated criminal drug conspiracy, criminal drug
20		conspiracy, street gang criminal drug conspiracy,
21		participation in methamphetamine manufacturing, aggravated
22		participation in methamphetamine manufacturing, delivery
23		of methamphetamine, possession with intent to deliver
24		methamphetamine, aggravated delivery of methamphetamine,
25		aggravated possession with intent to deliver
26		methamphetamine, methamphetamine conspiracy when the

SB1722 Engrossed - 58 - LRB100 11347 RLC 21730 b
1		substance containing the controlled substance or
2		methamphetamine is 100 grams or more shall receive no more
3		than 7.5 days sentence credit for each month of his or her
4		sentence of imprisonment;
5		(vi) that a prisoner serving a sentence for a second or
6		subsequent offense of luring a minor shall receive no more
7		than 4.5 days of sentence credit for each month of his or
8		her sentence of imprisonment; and
9		(vii) that a prisoner serving a sentence for aggravated
10		domestic battery shall receive no more than 4.5 days of
11		sentence credit for each month of his or her sentence of
12		imprisonment.
13		(2.1) For all offenses, other than those enumerated in
14		subdivision (a)(2)(i), (ii), or (iii) committed on or after
15		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
16		June 23, 2005 (the effective date of Public Act 94-71) or
17		subdivision (a)(2)(v) committed on or after August 13, 2007
18		(the effective date of Public Act 95-134) or subdivision
19		(a)(2)(vi) committed on or after June 1, 2008 (the effective
20		date of Public Act 95-625) or subdivision (a)(2)(vii) committed
21		on or after July 23, 2010 (the effective date of Public Act
22		96-1224), and other than the offense of aggravated driving
23		under the influence of alcohol, other drug or drugs, or
24		intoxicating compound or compounds, or any combination thereof
25		as defined in subparagraph (F) of paragraph (1) of subsection
26		(d) of Section 11-501 of the Illinois Vehicle Code, and other

SB1722 Engrossed - 59 - LRB100 11347 RLC 21730 b
1		than the offense of aggravated driving under the influence of
2		alcohol, other drug or drugs, or intoxicating compound or
3		compounds, or any combination thereof as defined in
4		subparagraph (C) of paragraph (1) of subsection (d) of Section
5		11-501 of the Illinois Vehicle Code committed on or after
6		January 1, 2011 (the effective date of Public Act 96-1230), the
7		rules and regulations shall provide that a prisoner who is
8		serving a term of imprisonment shall receive one day of
9		sentence credit for each day of his or her sentence of
10		imprisonment or recommitment under Section 3-3-9. Each day of
11		sentence credit shall reduce by one day the prisoner's period
12		of imprisonment or recommitment under Section 3-3-9.
13		(2.2) A prisoner serving a term of natural life
14		imprisonment or a prisoner who has been sentenced to death
15		shall receive no sentence credit.
16		(2.3) The rules and regulations on sentence credit shall
17		provide that a prisoner who is serving a sentence for
18		aggravated driving under the influence of alcohol, other drug
19		or drugs, or intoxicating compound or compounds, or any
20		combination thereof as defined in subparagraph (F) of paragraph
21		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
22		Code, shall receive no more than 4.5 days of sentence credit
23		for each month of his or her sentence of imprisonment.
24		(2.4) The rules and regulations on sentence credit shall
25		provide with respect to the offenses of aggravated battery with
26		a machine gun or a firearm equipped with any device or

SB1722 Engrossed - 60 - LRB100 11347 RLC 21730 b
1		attachment designed or used for silencing the report of a
2		firearm or aggravated discharge of a machine gun or a firearm
3		equipped with any device or attachment designed or used for
4		silencing the report of a firearm, committed on or after July
5		15, 1999 (the effective date of Public Act 91-121), that a
6		prisoner serving a sentence for any of these offenses shall
7		receive no more than 4.5 days of sentence credit for each month
8		of his or her sentence of imprisonment.
9		(2.5) The rules and regulations on sentence credit shall
10		provide that a prisoner who is serving a sentence for
11		aggravated arson committed on or after July 27, 2001 (the
12		effective date of Public Act 92-176) shall receive no more than
13		4.5 days of sentence credit for each month of his or her
14		sentence of imprisonment.
15		(2.6) The rules and regulations on sentence credit shall
16		provide that a prisoner who is serving a sentence for
17		aggravated driving under the influence of alcohol, other drug
18		or drugs, or intoxicating compound or compounds or any
19		combination thereof as defined in subparagraph (C) of paragraph
20		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
21		Code committed on or after January 1, 2011 (the effective date
22		of Public Act 96-1230) shall receive no more than 4.5 days of
23		sentence credit for each month of his or her sentence of
24		imprisonment.
25		(3) The rules and regulations shall also provide that the
26		Director may award up to 180 days additional sentence credit

SB1722 Engrossed - 61 - LRB100 11347 RLC 21730 b
1		for good conduct in specific instances as the Director deems
2		proper. The good conduct may include, but is not limited to,
3		compliance with the rules and regulations of the Department,
4		service to the Department, service to a community, or service
5		to the State. However, the Director shall not award more than
6		90 days of sentence credit for good conduct to any prisoner who
7		is serving a sentence for conviction of first degree murder,
8		reckless homicide while under the influence of alcohol or any
9		other drug, or 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 (F) of paragraph (1) of subsection (d) of Section
13		11-501 of the Illinois Vehicle Code, aggravated kidnapping,
14		kidnapping, predatory criminal sexual assault of a child,
15		aggravated criminal sexual assault, criminal sexual assault,
16		deviate sexual assault, aggravated criminal sexual abuse,
17		aggravated indecent liberties with a child, indecent liberties
18		with a child, child pornography, heinous battery as described
19		in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
20		aggravated battery of a spouse, aggravated battery of a spouse
21		with a firearm, stalking, aggravated stalking, aggravated
22		battery of a child as described in Section 12-4.3 or
23		subdivision (b)(1) of Section 12-3.05, endangering the life or
24		health of a child, or cruelty to a child. Notwithstanding the
25		foregoing, sentence credit for good conduct shall not be
26		awarded on a sentence of imprisonment imposed for conviction

SB1722 Engrossed - 62 - LRB100 11347 RLC 21730 b
1		of: (i) one of the offenses enumerated in subdivision
2		(a)(2)(i), (ii), or (iii) when the offense is committed on or
3		after June 19, 1998 or subdivision (a)(2)(iv) when the offense
4		is committed on or after June 23, 2005 (the effective date of
5		Public Act 94-71) or subdivision (a)(2)(v) when the offense is
6		committed on or after August 13, 2007 (the effective date of
7		Public Act 95-134) or subdivision (a)(2)(vi) when the offense
8		is committed on or after June 1, 2008 (the effective date of
9		Public Act 95-625) or subdivision (a)(2)(vii) when the offense
10		is committed on or after July 23, 2010 (the effective date of
11		Public Act 96-1224), (ii) aggravated driving under the
12		influence of alcohol, other drug or drugs, or intoxicating
13		compound or compounds, or any combination thereof as defined in
14		subparagraph (F) of paragraph (1) of subsection (d) of Section
15		11-501 of the Illinois Vehicle Code, (iii) one of the offenses
16		enumerated in subdivision (a)(2.4) when the offense is
17		committed on or after July 15, 1999 (the effective date of
18		Public Act 91-121), (iv) aggravated arson when the offense is
19		committed on or after July 27, 2001 (the effective date of
20		Public Act 92-176), (v) offenses that may subject the offender
21		to commitment under the Sexually Violent Persons Commitment
22		Act, or (vi) aggravated driving under the influence of alcohol,
23		other drug or drugs, or intoxicating compound or compounds or
24		any combination thereof as defined in subparagraph (C) of
25		paragraph (1) of subsection (d) of Section 11-501 of the
26		Illinois Vehicle Code committed on or after January 1, 2011

SB1722 Engrossed - 63 - LRB100 11347 RLC 21730 b
1		(the effective date of Public Act 96-1230).
2		Eligible inmates for an award of sentence credit under this
3		paragraph (3) may be selected to receive the credit at the
4		Director's or his or her designee's sole discretion.
5		Consideration may be based on, but not limited to, any
6		available risk assessment analysis on the inmate, any history
7		of conviction for violent crimes as defined by the Rights of
8		Crime Victims and Witnesses Act, facts and circumstances of the
9		inmate's holding offense or offenses, and the potential for
10		rehabilitation.
11		The Director shall not award sentence credit under this
12		paragraph (3) to an inmate unless the inmate has served a
13		minimum of 60 days of the sentence; except nothing in this
14		paragraph shall be construed to permit the Director to extend
15		an inmate's sentence beyond that which was imposed by the
16		court. Prior to awarding credit under this paragraph (3), the
17		Director shall make a written determination that the inmate:
18		(A) is eligible for the sentence credit;
19		(B) has served a minimum of 60 days, or as close to 60
20		days as the sentence will allow; and
21		(C) has met the eligibility criteria established by
22		rule.
23		The Director shall determine the form and content of the
24		written determination required in this subsection.
25		(3.5) The Department shall provide annual written reports
26		to the Governor and the General Assembly on the award of

SB1722 Engrossed - 64 - LRB100 11347 RLC 21730 b
1		sentence credit for good conduct, with the first report due
2		January 1, 2014. The Department must publish both reports on
3		its website within 48 hours of transmitting the reports to the
4		Governor and the General Assembly. The reports must include:
5		(A) the number of inmates awarded sentence credit for
6		good conduct;
7		(B) the average amount of sentence credit for good
8		conduct awarded;
9		(C) the holding offenses of inmates awarded sentence
10		credit for good conduct; and
11		(D) the number of sentence credit for good conduct
12		revocations.
13		(4) The rules and regulations shall also provide that the
14		sentence credit accumulated and retained under paragraph (2.1)
15		of subsection (a) of this Section by any inmate during specific
16		periods of time in which such inmate is engaged full-time in
17		substance abuse programs, correctional industry assignments,
18		educational programs, behavior modification programs, life
19		skills courses, or re-entry planning provided by the Department
20		under this paragraph (4) and satisfactorily completes the
21		assigned program as determined by the standards of the
22		Department, shall be multiplied by a factor of 1.25 for program
23		participation before August 11, 1993 and 1.50 for program
24		participation on or after that date. The rules and regulations
25		shall also provide that sentence credit, subject to the same
26		offense limits and multiplier provided in this paragraph, may

SB1722 Engrossed - 65 - LRB100 11347 RLC 21730 b
1		be provided to an inmate who was held in pre-trial detention
2		prior to his or her current commitment to the Department of
3		Corrections and successfully completed a full-time, 60-day or
4		longer substance abuse program, educational program, behavior
5		modification program, life skills course, or re-entry planning
6		provided by the county department of corrections or county
7		jail. Calculation of this county program credit shall be done
8		at sentencing as provided in Section 5-4.5-100 of this Code and
9		shall be included in the sentencing order. However, no inmate
10		shall be eligible for the additional sentence credit under this
11		paragraph (4) or (4.1) of this subsection (a) while assigned to
12		a boot camp or electronic detention, or if convicted of an
13		offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
14		this Section that is committed on or after June 19, 1998 or
15		subdivision (a)(2)(iv) of this Section that is committed on or
16		after June 23, 2005 (the effective date of Public Act 94-71) or
17		subdivision (a)(2)(v) of this Section that is committed on or
18		after August 13, 2007 (the effective date of Public Act 95-134)
19		or subdivision (a)(2)(vi) when the offense is committed on or
20		after June 1, 2008 (the effective date of Public Act 95-625) or
21		subdivision (a)(2)(vii) when the offense is committed on or
22		after July 23, 2010 (the effective date of Public Act 96-1224),
23		or if convicted of aggravated driving under the influence of
24		alcohol, other drug or drugs, or intoxicating compound or
25		compounds or any combination thereof as defined in subparagraph
26		(F) of paragraph (1) of subsection (d) of Section 11-501 of the

SB1722 Engrossed - 66 - LRB100 11347 RLC 21730 b
1		Illinois Vehicle Code, or if convicted of aggravated driving
2		under the influence of alcohol, other drug or drugs, or
3		intoxicating compound or compounds or any combination thereof
4		as defined in subparagraph (C) of paragraph (1) of subsection
5		(d) of Section 11-501 of the Illinois Vehicle Code committed on
6		or after January 1, 2011 (the effective date of Public Act
7		96-1230), or if convicted of an offense enumerated in paragraph
8		(a)(2.4) of this Section that is committed on or after July 15,
9		1999 (the effective date of Public Act 91-121), or first degree
10		murder, a Class X felony, criminal sexual assault, felony
11		criminal sexual abuse, aggravated criminal sexual abuse,
12		aggravated battery with a firearm as described in Section
13		12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
14		Section 12-3.05, or any predecessor or successor offenses with
15		the same or substantially the same elements, or any inchoate
16		offenses relating to the foregoing offenses. No inmate shall be
17		eligible for the additional good conduct credit under this
18		paragraph (4) who (i) has previously received increased good
19		conduct credit under this paragraph (4) and has subsequently
20		been convicted of a felony, or (ii) has previously served more
21		than one prior sentence of imprisonment for a felony in an
22		adult correctional facility.
23		Educational, vocational, substance abuse, behavior
24		modification programs, life skills courses, re-entry planning,
25		and correctional industry programs under which sentence credit
26		may be increased under this paragraph (4) and paragraph (4.1)

SB1722 Engrossed - 67 - LRB100 11347 RLC 21730 b
1		of this subsection (a) shall be evaluated by the Department on
2		the basis of documented standards. The Department shall report
3		the results of these evaluations to the Governor and the
4		General Assembly by September 30th of each year. The reports
5		shall include data relating to the recidivism rate among
6		program participants.
7		Availability of these programs shall be subject to the
8		limits of fiscal resources appropriated by the General Assembly
9		for these purposes. Eligible inmates who are denied immediate
10		admission shall be placed on a waiting list under criteria
11		established by the Department. The inability of any inmate to
12		become engaged in any such programs by reason of insufficient
13		program resources or for any other reason established under the
14		rules and regulations of the Department shall not be deemed a
15		cause of action under which the Department or any employee or
16		agent of the Department shall be liable for damages to the
17		inmate.
18		(4.1) The rules and regulations shall also provide that an
19		additional 90 days of sentence credit shall be awarded to any
20		prisoner who passes high school equivalency testing while the
21		prisoner is committed to the Department of Corrections. The
22		sentence credit awarded under this paragraph (4.1) shall be in
23		addition to, and shall not affect, the award of sentence credit
24		under any other paragraph of this Section, but shall also be
25		pursuant to the guidelines and restrictions set forth in
26		paragraph (4) of subsection (a) of this Section. The sentence

SB1722 Engrossed - 68 - LRB100 11347 RLC 21730 b
1		credit provided for in this paragraph shall be available only
2		to those prisoners who have not previously earned a high school
3		diploma or a high school equivalency certificate. If, after an
4		award of the high school equivalency testing sentence credit
5		has been made, the Department determines that the prisoner was
6		not eligible, then the award shall be revoked. The Department
7		may also award 90 days of sentence credit to any committed
8		person who passed high school equivalency testing while he or
9		she was held in pre-trial detention prior to the current
10		commitment to the Department of Corrections.
11		(4.5) The rules and regulations on sentence credit shall
12		also provide that when the court's sentencing order recommends
13		a prisoner for substance abuse treatment and the crime was
14		committed on or after September 1, 2003 (the effective date of
15		Public Act 93-354), the prisoner shall receive no sentence
16		credit awarded under clause (3) of this subsection (a) unless
17		he or she participates in and completes a substance abuse
18		treatment program. The Director may waive the requirement to
19		participate in or complete a substance abuse treatment program
20		and award the sentence credit in specific instances if the
21		prisoner is not a good candidate for a substance abuse
22		treatment program for medical, programming, or operational
23		reasons. Availability of substance abuse treatment shall be
24		subject to the limits of fiscal resources appropriated by the
25		General Assembly for these purposes. If treatment is not
26		available and the requirement to participate and complete the

SB1722 Engrossed - 69 - LRB100 11347 RLC 21730 b
1		treatment has not been waived by the Director, the prisoner
2		shall be placed on a waiting list under criteria established by
3		the Department. The Director may allow a prisoner placed on a
4		waiting list to participate in and complete a substance abuse
5		education class or attend substance abuse self-help meetings in
6		lieu of a substance abuse treatment program. A prisoner on a
7		waiting list who is not placed in a substance abuse program
8		prior to release may be eligible for a waiver and receive
9		sentence credit under clause (3) of this subsection (a) at the
10		discretion of the Director.
11		(4.6) The rules and regulations on sentence credit shall
12		also provide that a prisoner who has been convicted of a sex
13		offense as defined in Section 2 of the Sex Offender
14		Registration Act shall receive no sentence credit unless he or
15		she either has successfully completed or is participating in
16		sex offender treatment as defined by the Sex Offender
17		Management Board. However, prisoners who are waiting to receive
18		treatment, but who are unable to do so due solely to the lack
19		of resources on the part of the Department, may, at the
20		Director's sole discretion, be awarded sentence credit at a
21		rate as the Director shall determine.
22		(5) Whenever the Department is to release any inmate
23		earlier than it otherwise would because of a grant of sentence
24		credit for good conduct under paragraph (3) of subsection (a)
25		of this Section given at any time during the term, the
26		Department shall give reasonable notice of the impending

SB1722 Engrossed - 70 - LRB100 11347 RLC 21730 b
1		release not less than 14 days prior to the date of the release
2		to the State's Attorney of the county where the prosecution of
3		the inmate took place, and if applicable, the State's Attorney
4		of the county into which the inmate will be released. The
5		Department must also make identification information and a
6		recent photo of the inmate being released accessible on the
7		Internet by means of a hyperlink labeled "Community
8		Notification of Inmate Early Release" on the Department's World
9		Wide Web homepage. The identification information shall
10		include the inmate's: name, any known alias, date of birth,
11		physical characteristics, commitment offense and county where
12		conviction was imposed. The identification information shall
13		be placed on the website within 3 days of the inmate's release
14		and the information may not be removed until either: completion
15		of the first year of mandatory supervised release or return of
16		the inmate to custody of the Department.
17		(b) Whenever a person is or has been committed under
18		several convictions, with separate sentences, the sentences
19		shall be construed under Section 5-8-4 in granting and
20		forfeiting of sentence credit.
21		(c) The Department shall prescribe rules and regulations
22		for revoking sentence credit, including revoking sentence
23		credit awarded for good conduct under paragraph (3) of
24		subsection (a) of this Section. The Department shall prescribe
25		rules and regulations for suspending or reducing the rate of
26		accumulation of sentence credit for specific rule violations,

SB1722 Engrossed - 71 - LRB100 11347 RLC 21730 b
1		during imprisonment. These rules and regulations shall provide
2		that no inmate may be penalized more than one year of sentence
3		credit for any one infraction.
4		When the Department seeks to revoke, suspend or reduce the
5		rate of accumulation of any sentence credits for an alleged
6		infraction of its rules, it shall bring charges therefor
7		against the prisoner sought to be so deprived of sentence
8		credits before the Prisoner Review Board as provided in
9		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
10		amount of credit at issue exceeds 30 days or when during any 12
11		month period, the cumulative amount of credit revoked exceeds
12		30 days except where the infraction is committed or discovered
13		within 60 days of scheduled release. In those cases, the
14		Department of Corrections may revoke up to 30 days of sentence
15		credit. The Board may subsequently approve the revocation of
16		additional sentence credit, if the Department seeks to revoke
17		sentence credit in excess of 30 days. However, the Board shall
18		not be empowered to review the Department's decision with
19		respect to the loss of 30 days of sentence credit within any
20		calendar year for any prisoner or to increase any penalty
21		beyond the length requested by the Department.
22		The Director of the Department of Corrections, in
23		appropriate cases, may restore up to 30 days of sentence
24		credits which have been revoked, suspended or reduced. Any
25		restoration of sentence credits in excess of 30 days shall be
26		subject to review by the Prisoner Review Board. However, the

SB1722 Engrossed - 72 - LRB100 11347 RLC 21730 b
1		Board may not restore sentence credit in excess of the amount
2		requested by the Director.
3		Nothing contained in this Section shall prohibit the
4		Prisoner Review Board from ordering, pursuant to Section
5		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
6		sentence imposed by the court that was not served due to the
7		accumulation of sentence credit.
8		(d) If a lawsuit is filed by a prisoner in an Illinois or
9		federal court against the State, the Department of Corrections,
10		or the Prisoner Review Board, or against any of their officers
11		or employees, and the court makes a specific finding that a
12		pleading, motion, or other paper filed by the prisoner is
13		frivolous, the Department of Corrections shall conduct a
14		hearing to revoke up to 180 days of sentence credit by bringing
15		charges against the prisoner sought to be deprived of the
16		sentence credits before the Prisoner Review Board as provided
17		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
18		prisoner has not accumulated 180 days of sentence credit at the
19		time of the finding, then the Prisoner Review Board may revoke
20		all sentence credit accumulated by the prisoner.
21		For purposes of this subsection (d):
22		(1) "Frivolous" means that a pleading, motion, or other
23		filing which purports to be a legal document filed by a
24		prisoner in his or her lawsuit meets any or all of the
25		following criteria:
26		(A) it lacks an arguable basis either in law or in

SB1722 Engrossed - 73 - LRB100 11347 RLC 21730 b
1		fact;
2		(B) it is being presented for any improper purpose,
3		such as to harass or to cause unnecessary delay or
4		needless increase in the cost of litigation;
5		(C) the claims, defenses, and other legal
6		contentions therein are not warranted by existing law
7		or by a nonfrivolous argument for the extension,
8		modification, or reversal of existing law or the
9		establishment of new law;
10		(D) the allegations and other factual contentions
11		do not have evidentiary support or, if specifically so
12		identified, are not likely to have evidentiary support
13		after a reasonable opportunity for further
14		investigation or discovery; or
15		(E) the denials of factual contentions are not
16		warranted on the evidence, or if specifically so
17		identified, are not reasonably based on a lack of
18		information or belief.
19		(2) "Lawsuit" means a motion pursuant to Section 116-3
20		of the Code of Criminal Procedure of 1963, a habeas corpus
21		action under Article X of the Code of Civil Procedure or
22		under federal law (28 U.S.C. 2254), a petition for claim
23		under the Court of Claims Act, an action under the federal
24		Civil Rights Act (42 U.S.C. 1983), or a second or
25		subsequent petition for post-conviction relief under
26		Article 122 of the Code of Criminal Procedure of 1963

SB1722 Engrossed - 74 - LRB100 11347 RLC 21730 b
1		whether filed with or without leave of court or a second or
2		subsequent petition for relief from judgment under Section
3		2-1401 of the Code of Civil Procedure.
4		(e) Nothing in Public Act 90-592 or 90-593 affects the
5		validity of Public Act 89-404.
6		(f) Whenever the Department is to release any inmate who
7		has been convicted of a violation of an order of protection
8		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
9		the Criminal Code of 2012, earlier than it otherwise would
10		because of a grant of sentence credit, the Department, as a
11		condition of release, shall require that the person, upon
12		release, be placed under electronic surveillance as provided in
13		Section 5-8A-7 of this Code.
14		(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
15		eff. 1-1-16; 99-642, eff. 7-28-16.)
16		(Text of Section after amendment by P.A. 99-938)
17		Sec. 3-6-3. Rules and regulations for sentence credit.
18		(a)(1) The Department of Corrections shall prescribe rules
19		and regulations for awarding and revoking sentence credit for
20		persons committed to the Department which shall be subject to
21		review by the Prisoner Review Board.
22		(1.5) As otherwise provided by law, sentence credit may be
23		awarded for the following:
24		(A) successful completion of programming while in
25		custody of the Department or while in custody prior to

SB1722 Engrossed - 75 - LRB100 11347 RLC 21730 b
1		sentencing;
2		(B) compliance with the rules and regulations of the
3		Department; or
4		(C) service to the institution, service to a community,
5		or service to the State.
6		(2) Except as provided in paragraph (4.7) of this
7		subsection (a), the The rules and regulations on sentence
8		credit shall provide, with respect to offenses listed in clause
9		(i), (ii), or (iii) of this paragraph (2) committed on or after
10		June 19, 1998 or with respect to the offense listed in clause
11		(iv) of this paragraph (2) committed on or after June 23, 2005
12		(the effective date of Public Act 94-71) or with respect to
13		offense listed in clause (vi) committed on or after June 1,
14		2008 (the effective date of Public Act 95-625) or with respect
15		to the offense of being an armed habitual criminal committed on
16		or after August 2, 2005 (the effective date of Public Act
17		94-398) or with respect to the offenses listed in clause (v) of
18		this paragraph (2) committed on or after August 13, 2007 (the
19		effective date of Public Act 95-134) or with respect to the
20		offense of aggravated domestic battery committed on or after
21		July 23, 2010 (the effective date of Public Act 96-1224) or
22		with respect to the offense of attempt to commit terrorism
23		committed on or after January 1, 2013 (the effective date of
24		Public Act 97-990), the following:
25		(i) that a prisoner who is serving a term of
26		imprisonment for first degree murder or for the offense of

SB1722 Engrossed - 76 - LRB100 11347 RLC 21730 b
1		terrorism shall receive no sentence credit and shall serve
2		the entire sentence imposed by the court;
3		(ii) that a prisoner serving a sentence for attempt to
4		commit terrorism, attempt to commit first degree murder,
5		solicitation of murder, solicitation of murder for hire,
6		intentional homicide of an unborn child, predatory
7		criminal sexual assault of a child, aggravated criminal
8		sexual assault, criminal sexual assault, aggravated
9		kidnapping, aggravated battery with a firearm as described
10		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
11		(e)(4) of Section 12-3.05, heinous battery as described in
12		Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
13		being an armed habitual criminal, aggravated battery of a
14		senior citizen as described in Section 12-4.6 or
15		subdivision (a)(4) of Section 12-3.05, or aggravated
16		battery of a child as described in Section 12-4.3 or
17		subdivision (b)(1) of Section 12-3.05 shall receive no more
18		than 4.5 days of sentence credit for each month of his or
19		her sentence of imprisonment;
20		(iii) that a prisoner serving a sentence for home
21		invasion, armed robbery, aggravated vehicular hijacking,
22		aggravated discharge of a firearm, or armed violence with a
23		category I weapon or category II weapon, when the court has
24		made and entered a finding, pursuant to subsection (c-1) of
25		Section 5-4-1 of this Code, that the conduct leading to
26		conviction for the enumerated offense resulted in great

SB1722 Engrossed - 77 - LRB100 11347 RLC 21730 b
1		bodily harm to a victim, shall receive no more than 4.5
2		days of sentence credit for each month of his or her
3		sentence of imprisonment;
4		(iv) that a prisoner serving a sentence for aggravated
5		discharge of a firearm, whether or not the conduct leading
6		to conviction for the offense resulted in great bodily harm
7		to the victim, shall receive no more than 4.5 days of
8		sentence credit for each month of his or her sentence of
9		imprisonment;
10		(v) that a person serving a sentence for gunrunning,
11		narcotics racketeering, controlled substance trafficking,
12		methamphetamine trafficking, drug-induced homicide,
13		aggravated methamphetamine-related child endangerment,
14		money laundering pursuant to clause (c) (4) or (5) of
15		Section 29B-1 of the Criminal Code of 1961 or the Criminal
16		Code of 2012, or a Class X felony conviction for delivery
17		of a controlled substance, possession of a controlled
18		substance with intent to manufacture or deliver,
19		calculated criminal drug conspiracy, criminal drug
20		conspiracy, street gang criminal drug conspiracy,
21		participation in methamphetamine manufacturing, aggravated
22		participation in methamphetamine manufacturing, delivery
23		of methamphetamine, possession with intent to deliver
24		methamphetamine, aggravated delivery of methamphetamine,
25		aggravated possession with intent to deliver
26		methamphetamine, methamphetamine conspiracy when the

SB1722 Engrossed - 78 - LRB100 11347 RLC 21730 b
1		substance containing the controlled substance or
2		methamphetamine is 100 grams or more shall receive no more
3		than 7.5 days sentence credit for each month of his or her
4		sentence of imprisonment;
5		(vi) that a prisoner serving a sentence for a second or
6		subsequent offense of luring a minor shall receive no more
7		than 4.5 days of sentence credit for each month of his or
8		her sentence of imprisonment; and
9		(vii) that a prisoner serving a sentence for aggravated
10		domestic battery shall receive no more than 4.5 days of
11		sentence credit for each month of his or her sentence of
12		imprisonment.
13		(2.1) For all offenses, other than those enumerated in
14		subdivision (a)(2)(i), (ii), or (iii) committed on or after
15		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
16		June 23, 2005 (the effective date of Public Act 94-71) or
17		subdivision (a)(2)(v) committed on or after August 13, 2007
18		(the effective date of Public Act 95-134) or subdivision
19		(a)(2)(vi) committed on or after June 1, 2008 (the effective
20		date of Public Act 95-625) or subdivision (a)(2)(vii) committed
21		on or after July 23, 2010 (the effective date of Public Act
22		96-1224), and other than the offense of aggravated driving
23		under the influence of alcohol, other drug or drugs, or
24		intoxicating compound or compounds, or any combination thereof
25		as defined in subparagraph (F) of paragraph (1) of subsection
26		(d) of Section 11-501 of the Illinois Vehicle Code, and other

SB1722 Engrossed - 79 - LRB100 11347 RLC 21730 b
1		than the offense of aggravated driving under the influence of
2		alcohol, other drug or drugs, or intoxicating compound or
3		compounds, or any combination thereof as defined in
4		subparagraph (C) of paragraph (1) of subsection (d) of Section
5		11-501 of the Illinois Vehicle Code committed on or after
6		January 1, 2011 (the effective date of Public Act 96-1230), the
7		rules and regulations shall provide that a prisoner who is
8		serving a term of imprisonment shall receive one day of
9		sentence credit for each day of his or her sentence of
10		imprisonment or recommitment under Section 3-3-9. Each day of
11		sentence credit shall reduce by one day the prisoner's period
12		of imprisonment or recommitment under Section 3-3-9.
13		(2.2) A prisoner serving a term of natural life
14		imprisonment or a prisoner who has been sentenced to death
15		shall receive no sentence credit.
16		(2.3) Except as provided in paragraph (4.7) of this
17		subsection (a), the The rules and regulations on sentence
18		credit shall provide that a prisoner who is serving a sentence
19		for aggravated driving under the influence of alcohol, other
20		drug or drugs, or intoxicating compound or compounds, or any
21		combination thereof as defined in subparagraph (F) of paragraph
22		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
23		Code, shall receive no more than 4.5 days of sentence credit
24		for each month of his or her sentence of imprisonment.
25		(2.4) Except as provided in paragraph (4.7) of this
26		subsection (a), the The rules and regulations on sentence

SB1722 Engrossed - 80 - LRB100 11347 RLC 21730 b
1		credit shall provide with respect to the offenses of aggravated
2		battery with a machine gun or a firearm equipped with any
3		device or attachment designed or used for silencing the report
4		of a firearm or aggravated discharge of a machine gun or a
5		firearm equipped with any device or attachment designed or used
6		for silencing the report of a firearm, committed on or after
7		July 15, 1999 (the effective date of Public Act 91-121), that a
8		prisoner serving a sentence for any of these offenses shall
9		receive no more than 4.5 days of sentence credit for each month
10		of his or her sentence of imprisonment.
11		(2.5) Except as provided in paragraph (4.7) of this
12		subsection (a), the The rules and regulations on sentence
13		credit shall provide that a prisoner who is serving a sentence
14		for aggravated arson committed on or after July 27, 2001 (the
15		effective date of Public Act 92-176) shall receive no more than
16		4.5 days of sentence credit for each month of his or her
17		sentence of imprisonment.
18		(2.6) Except as provided in paragraph (4.7) of this
19		subsection (a), the The rules and regulations on sentence
20		credit shall provide that a prisoner who is serving a sentence
21		for aggravated driving under the influence of alcohol, other
22		drug or drugs, or intoxicating compound or compounds or any
23		combination thereof as defined in subparagraph (C) of paragraph
24		(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
25		Code committed on or after January 1, 2011 (the effective date
26		of Public Act 96-1230) shall receive no more than 4.5 days of

SB1722 Engrossed - 81 - LRB100 11347 RLC 21730 b
1		sentence credit for each month of his or her sentence of
2		imprisonment.
3		(3) Except as provided in paragraph (4.7) of this
4		subsection (a), the The rules and regulations shall also
5		provide that the Director may award up to 180 days of earned
6		sentence credit for good conduct in specific instances as the
7		Director deems proper. The good conduct may include, but is not
8		limited to, compliance with the rules and regulations of the
9		Department, service to the Department, service to a community,
10		or service to the State.
11		Eligible inmates for an award of earned sentence credit
12		under this paragraph (3) may be selected to receive the credit
13		at the Director's or his or her designee's sole discretion.
14		Eligibility for the additional earned sentence credit under
15		this paragraph (3) shall be based on, but is not limited to,
16		the results of any available risk/needs assessment or other
17		relevant assessments or evaluations administered by the
18		Department using a validated instrument, the circumstances of
19		the crime, any history of conviction for a forcible felony
20		enumerated in Section 2-8 of the Criminal Code of 2012, the
21		inmate's behavior and disciplinary history while incarcerated,
22		and the inmate's commitment to rehabilitation, including
23		participation in programming offered by the Department.
24		The Director shall not award sentence credit under this
25		paragraph (3) to an inmate unless the inmate has served a
26		minimum of 60 days of the sentence; except nothing in this

SB1722 Engrossed - 82 - LRB100 11347 RLC 21730 b
1		paragraph shall be construed to permit the Director to extend
2		an inmate's sentence beyond that which was imposed by the
3		court. Prior to awarding credit under this paragraph (3), the
4		Director shall make a written determination that the inmate:
5		(A) is eligible for the earned sentence credit;
6		(B) has served a minimum of 60 days, or as close to 60
7		days as the sentence will allow;
8		(B-1) has received a risk/needs assessment or other
9		relevant evaluation or assessment administered by the
10		Department using a validated instrument; and
11		(C) has met the eligibility criteria established under
12		paragraph (4) of this subsection (a) and by rule for earned
13		sentence credit.
14		The Director shall determine the form and content of the
15		written determination required in this subsection.
16		(3.5) The Department shall provide annual written reports
17		to the Governor and the General Assembly on the award of earned
18		sentence credit no later than February 1 of each year. The
19		Department must publish both reports on its website within 48
20		hours of transmitting the reports to the Governor and the
21		General Assembly. The reports must include:
22		(A) the number of inmates awarded earned sentence
23		credit;
24		(B) the average amount of earned sentence credit
25		awarded;
26		(C) the holding offenses of inmates awarded earned

SB1722 Engrossed - 83 - LRB100 11347 RLC 21730 b
1		sentence credit; and
2		(D) the number of earned sentence credit revocations.
3		(4) Except as provided in paragraph (4.7) of this
4		subsection (a), the The rules and regulations shall also
5		provide that the sentence credit accumulated and retained under
6		paragraph (2.1) of subsection (a) of this Section by any inmate
7		during specific periods of time in which such inmate is engaged
8		full-time in substance abuse programs, correctional industry
9		assignments, educational programs, behavior modification
10		programs, life skills courses, or re-entry planning provided by
11		the Department under this paragraph (4) and satisfactorily
12		completes the assigned program as determined by the standards
13		of the Department, shall be multiplied by a factor of 1.25 for
14		program participation before August 11, 1993 and 1.50 for
15		program participation on or after that date. The rules and
16		regulations shall also provide that sentence credit, subject to
17		the same offense limits and multiplier provided in this
18		paragraph, may be provided to an inmate who was held in
19		pre-trial detention prior to his or her current commitment to
20		the Department of Corrections and successfully completed a
21		full-time, 60-day or longer substance abuse program,
22		educational program, behavior modification program, life
23		skills course, or re-entry planning provided by the county
24		department of corrections or county jail. Calculation of this
25		county program credit shall be done at sentencing as provided
26		in Section 5-4.5-100 of this Code and shall be included in the

SB1722 Engrossed - 84 - LRB100 11347 RLC 21730 b
1		sentencing order. However, no inmate shall be eligible for the
2		additional sentence credit under this paragraph (4) or (4.1) of
3		this subsection (a) while assigned to a boot camp or electronic
4		detention, or if convicted of an offense enumerated in
5		subdivision (a)(2)(i), (ii), or (iii) of this Section that is
6		committed on or after June 19, 1998 or subdivision (a)(2)(iv)
7		of this Section that is committed on or after June 23, 2005
8		(the effective date of Public Act 94-71) or subdivision
9		(a)(2)(v) of this Section that is committed on or after August
10		13, 2007 (the effective date of Public Act 95-134) or
11		subdivision (a)(2)(vi) when the offense is committed on or
12		after June 1, 2008 (the effective date of Public Act 95-625) or
13		subdivision (a)(2)(vii) when the offense is committed on or
14		after July 23, 2010 (the effective date of Public Act 96-1224),
15		or if convicted of aggravated driving under the influence of
16		alcohol, other drug or drugs, or intoxicating compound or
17		compounds or any combination thereof as defined in subparagraph
18		(F) of paragraph (1) of subsection (d) of Section 11-501 of the
19		Illinois Vehicle Code, or if convicted of aggravated driving
20		under the influence of alcohol, other drug or drugs, or
21		intoxicating compound or compounds or any combination thereof
22		as defined in subparagraph (C) of paragraph (1) of subsection
23		(d) of Section 11-501 of the Illinois Vehicle Code committed on
24		or after January 1, 2011 (the effective date of Public Act
25		96-1230), or if convicted of an offense enumerated in paragraph
26		(a)(2.4) of this Section that is committed on or after July 15,

SB1722 Engrossed - 85 - LRB100 11347 RLC 21730 b
1		1999 (the effective date of Public Act 91-121), or first degree
2		murder, a Class X felony, criminal sexual assault, felony
3		criminal sexual abuse, aggravated criminal sexual abuse,
4		aggravated battery with a firearm as described in Section
5		12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
6		Section 12-3.05, or any predecessor or successor offenses with
7		the same or substantially the same elements, or any inchoate
8		offenses relating to the foregoing offenses.
9		Educational, vocational, substance abuse, behavior
10		modification programs, life skills courses, re-entry planning,
11		and correctional industry programs under which sentence credit
12		may be increased under this paragraph (4) and paragraph (4.1)
13		of this subsection (a) shall be evaluated by the Department on
14		the basis of documented standards. The Department shall report
15		the results of these evaluations to the Governor and the
16		General Assembly by September 30th of each year. The reports
17		shall include data relating to the recidivism rate among
18		program participants.
19		Availability of these programs shall be subject to the
20		limits of fiscal resources appropriated by the General Assembly
21		for these purposes. Eligible inmates who are denied immediate
22		admission shall be placed on a waiting list under criteria
23		established by the Department. The inability of any inmate to
24		become engaged in any such programs by reason of insufficient
25		program resources or for any other reason established under the
26		rules and regulations of the Department shall not be deemed a

SB1722 Engrossed - 86 - LRB100 11347 RLC 21730 b
1		cause of action under which the Department or any employee or
2		agent of the Department shall be liable for damages to the
3		inmate.
4		(4.1) Except as provided in paragraph (4.7) of this
5		subsection (a), the The rules and regulations shall also
6		provide that an additional 90 days of sentence credit shall be
7		awarded to any prisoner who passes high school equivalency
8		testing while the prisoner is committed to the Department of
9		Corrections. The sentence credit awarded under this paragraph
10		(4.1) shall be in addition to, and shall not affect, the award
11		of sentence credit under any other paragraph of this Section,
12		but shall also be pursuant to the guidelines and restrictions
13		set forth in paragraph (4) of subsection (a) of this Section.
14		The sentence credit provided for in this paragraph shall be
15		available only to those prisoners who have not previously
16		earned a high school diploma or a high school equivalency
17		certificate. If, after an award of the high school equivalency
18		testing sentence credit has been made, the Department
19		determines that the prisoner was not eligible, then the award
20		shall be revoked. The Department may also award 90 days of
21		sentence credit to any committed person who passed high school
22		equivalency testing while he or she was held in pre-trial
23		detention prior to the current commitment to the Department of
24		Corrections.
25		(4.5) The rules and regulations on sentence credit shall
26		also provide that when the court's sentencing order recommends

SB1722 Engrossed - 87 - LRB100 11347 RLC 21730 b
1		a prisoner for substance abuse treatment and the crime was
2		committed on or after September 1, 2003 (the effective date of
3		Public Act 93-354), the prisoner shall receive no sentence
4		credit awarded under clause (3) of this subsection (a) unless
5		he or she participates in and completes a substance abuse
6		treatment program. The Director may waive the requirement to
7		participate in or complete a substance abuse treatment program
8		in specific instances if the prisoner is not a good candidate
9		for a substance abuse treatment program for medical,
10		programming, or operational reasons. Availability of substance
11		abuse treatment shall be subject to the limits of fiscal
12		resources appropriated by the General Assembly for these
13		purposes. If treatment is not available and the requirement to
14		participate and complete the treatment has not been waived by
15		the Director, the prisoner shall be placed on a waiting list
16		under criteria established by the Department. The Director may
17		allow a prisoner placed on a waiting list to participate in and
18		complete a substance abuse education class or attend substance
19		abuse self-help meetings in lieu of a substance abuse treatment
20		program. A prisoner on a waiting list who is not placed in a
21		substance abuse program prior to release may be eligible for a
22		waiver and receive sentence credit under clause (3) of this
23		subsection (a) at the discretion of the Director.
24		(4.6) The rules and regulations on sentence credit shall
25		also provide that a prisoner who has been convicted of a sex
26		offense as defined in Section 2 of the Sex Offender

SB1722 Engrossed - 88 - LRB100 11347 RLC 21730 b
1		Registration Act shall receive no sentence credit unless he or
2		she either has successfully completed or is participating in
3		sex offender treatment as defined by the Sex Offender
4		Management Board. However, prisoners who are waiting to receive
5		treatment, but who are unable to do so due solely to the lack
6		of resources on the part of the Department, may, at the
7		Director's sole discretion, be awarded sentence credit at a
8		rate as the Director shall determine.
9		(4.7) On or after the effective date of this amendatory Act
10		of the 100th General Assembly, sentence credit under paragraph
11		(3), (4), or (4.1) of this subsection (a) may be awarded to a
12		prisoner who is serving a sentence for an offense described in
13		paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
14		on or after the effective date of this amendatory Act of the
15		100th General Assembly; provided, the award of the credits
16		under this paragraph (4.7) shall not reduce the sentence of the
17		prisoner to less than the following amounts:
18		(i) 85% of his or her sentence if the prisoner is
19		required to serve 85% of his or her sentence; or
20		(ii) 60% of his or her sentence if the prisoner is
21		required to serve 75% of his or her sentence, except if the
22		prisoner is serving a sentence for gunrunning his or her
23		sentence shall not be reduced to less than 75%.
24		This paragraph (4.7) shall not apply to a prisoner serving
25		a sentence for an offense described in subparagraph (i) of
26		paragraph (2) of this subsection (a).

SB1722 Engrossed - 89 - LRB100 11347 RLC 21730 b
1		(5) Whenever the Department is to release any inmate
2		earlier than it otherwise would because of a grant of earned
3		sentence credit under paragraph (3) of subsection (a) of this
4		Section given at any time during the term, the Department shall
5		give reasonable notice of the impending release not less than
6		14 days prior to the date of the release to the State's
7		Attorney of the county where the prosecution of the inmate took
8		place, and if applicable, the State's Attorney of the county
9		into which the inmate will be released. The Department must
10		also make identification information and a recent photo of the
11		inmate being released accessible on the Internet by means of a
12		hyperlink labeled "Community Notification of Inmate Early
13		Release" on the Department's World Wide Web homepage. The
14		identification information shall include the inmate's: name,
15		any known alias, date of birth, physical characteristics,
16		commitment offense and county where conviction was imposed. The
17		identification information shall be placed on the website
18		within 3 days of the inmate's release and the information may
19		not be removed until either: completion of the first year of
20		mandatory supervised release or return of the inmate to custody
21		of the Department.
22		(b) Whenever a person is or has been committed under
23		several convictions, with separate sentences, the sentences
24		shall be construed under Section 5-8-4 in granting and
25		forfeiting of sentence credit.
26		(c) The Department shall prescribe rules and regulations

SB1722 Engrossed - 90 - LRB100 11347 RLC 21730 b
1		for revoking sentence credit, including revoking sentence
2		credit awarded under paragraph (3) of subsection (a) of this
3		Section. The Department shall prescribe rules and regulations
4		for suspending or reducing the rate of accumulation of sentence
5		credit for specific rule violations, during imprisonment.
6		These rules and regulations shall provide that no inmate may be
7		penalized more than one year of sentence credit for any one
8		infraction.
9		When the Department seeks to revoke, suspend or reduce the
10		rate of accumulation of any sentence credits for an alleged
11		infraction of its rules, it shall bring charges therefor
12		against the prisoner sought to be so deprived of sentence
13		credits before the Prisoner Review Board as provided in
14		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
15		amount of credit at issue exceeds 30 days or when during any 12
16		month period, the cumulative amount of credit revoked exceeds
17		30 days except where the infraction is committed or discovered
18		within 60 days of scheduled release. In those cases, the
19		Department of Corrections may revoke up to 30 days of sentence
20		credit. The Board may subsequently approve the revocation of
21		additional sentence credit, if the Department seeks to revoke
22		sentence credit in excess of 30 days. However, the Board shall
23		not be empowered to review the Department's decision with
24		respect to the loss of 30 days of sentence credit within any
25		calendar year for any prisoner or to increase any penalty
26		beyond the length requested by the Department.

SB1722 Engrossed - 91 - LRB100 11347 RLC 21730 b
1		The Director of the Department of Corrections, in
2		appropriate cases, may restore up to 30 days of sentence
3		credits which have been revoked, suspended or reduced. Any
4		restoration of sentence credits in excess of 30 days shall be
5		subject to review by the Prisoner Review Board. However, the
6		Board may not restore sentence credit in excess of the amount
7		requested by the Director.
8		Nothing contained in this Section shall prohibit the
9		Prisoner Review Board from ordering, pursuant to Section
10		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
11		sentence imposed by the court that was not served due to the
12		accumulation of sentence credit.
13		(d) If a lawsuit is filed by a prisoner in an Illinois or
14		federal court against the State, the Department of Corrections,
15		or the Prisoner Review Board, or against any of their officers
16		or employees, and the court makes a specific finding that a
17		pleading, motion, or other paper filed by the prisoner is
18		frivolous, the Department of Corrections shall conduct a
19		hearing to revoke up to 180 days of sentence credit by bringing
20		charges against the prisoner sought to be deprived of the
21		sentence credits before the Prisoner Review Board as provided
22		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
23		prisoner has not accumulated 180 days of sentence credit at the
24		time of the finding, then the Prisoner Review Board may revoke
25		all sentence credit accumulated by the prisoner.
26		For purposes of this subsection (d):

SB1722 Engrossed - 92 - LRB100 11347 RLC 21730 b
1		(1) "Frivolous" means that a pleading, motion, or other
2		filing which purports to be a legal document filed by a
3		prisoner in his or her lawsuit meets any or all of the
4		following criteria:
5		(A) it lacks an arguable basis either in law or in
6		fact;
7		(B) it is being presented for any improper purpose,
8		such as to harass or to cause unnecessary delay or
9		needless increase in the cost of litigation;
10		(C) the claims, defenses, and other legal
11		contentions therein are not warranted by existing law
12		or by a nonfrivolous argument for the extension,
13		modification, or reversal of existing law or the
14		establishment of new law;
15		(D) the allegations and other factual contentions
16		do not have evidentiary support or, if specifically so
17		identified, are not likely to have evidentiary support
18		after a reasonable opportunity for further
19		investigation or discovery; or
20		(E) the denials of factual contentions are not
21		warranted on the evidence, or if specifically so
22		identified, are not reasonably based on a lack of
23		information or belief.
24		(2) "Lawsuit" means a motion pursuant to Section 116-3
25		of the Code of Criminal Procedure of 1963, a habeas corpus
26		action under Article X of the Code of Civil Procedure or

SB1722 Engrossed - 93 - LRB100 11347 RLC 21730 b
1		under federal law (28 U.S.C. 2254), a petition for claim
2		under the Court of Claims Act, an action under the federal
3		Civil Rights Act (42 U.S.C. 1983), or a second or
4		subsequent petition for post-conviction relief under
5		Article 122 of the Code of Criminal Procedure of 1963
6		whether filed with or without leave of court or a second or
7		subsequent petition for relief from judgment under Section
8		2-1401 of the Code of Civil Procedure.
9		(e) Nothing in Public Act 90-592 or 90-593 affects the
10		validity of Public Act 89-404.
11		(f) Whenever the Department is to release any inmate who
12		has been convicted of a violation of an order of protection
13		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
14		the Criminal Code of 2012, earlier than it otherwise would
15		because of a grant of sentence credit, the Department, as a
16		condition of release, shall require that the person, upon
17		release, be placed under electronic surveillance as provided in
18		Section 5-8A-7 of this Code.
19		(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
20		eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)
21		(730 ILCS 5/5-4.5-95)
22		Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
23		(a) HABITUAL CRIMINALS.
24		(1) Every person who has been twice convicted in any
25		state or federal court of an offense that contains the same

SB1722 Engrossed - 94 - LRB100 11347 RLC 21730 b
1		elements as an offense now (the date of the offense
2		committed after the 2 prior convictions) classified in
3		Illinois as a Class X felony, criminal sexual assault,
4		aggravated kidnapping, or first degree murder, and who is
5		thereafter convicted of a Class X felony, criminal sexual
6		assault, or first degree murder, committed after the 2
7		prior convictions, shall be adjudged an habitual criminal.
8		(2) The 2 prior convictions need not have been for the
9		same offense.
10		(3) Any convictions that result from or are connected
11		with the same transaction, or result from offenses
12		committed at the same time, shall be counted for the
13		purposes of this Section as one conviction.
14		(4) This Section does not apply unless each of the
15		following requirements are satisfied:
16		(A) The third offense was committed after July 3,
17		1980.
18		(B) The third offense was committed within 20 years
19		of the date that judgment was entered on the first
20		conviction; provided, however, that time spent in
21		custody shall not be counted.
22		(C) The third offense was committed after
23		conviction on the second offense.
24		(D) The second offense was committed after
25		conviction on the first offense.
26		(5) Anyone who, having attained the age of 18 at the

SB1722 Engrossed - 95 - LRB100 11347 RLC 21730 b
1		time of the third offense, is adjudged an habitual criminal
2		shall be sentenced to a term of natural life imprisonment.
3		(6) A prior conviction shall not be alleged in the
4		indictment, and no evidence or other disclosure of that
5		conviction shall be presented to the court or the jury
6		during the trial of an offense set forth in this Section
7		unless otherwise permitted by the issues properly raised in
8		that trial. After a plea or verdict or finding of guilty
9		and before sentence is imposed, the prosecutor may file
10		with the court a verified written statement signed by the
11		State's Attorney concerning any former conviction of an
12		offense set forth in this Section rendered against the
13		defendant. The court shall then cause the defendant to be
14		brought before it; shall inform the defendant of the
15		allegations of the statement so filed, and of his or her
16		right to a hearing before the court on the issue of that
17		former conviction and of his or her right to counsel at
18		that hearing; and unless the defendant admits such
19		conviction, shall hear and determine the issue, and shall
20		make a written finding thereon. If a sentence has
21		previously been imposed, the court may vacate that sentence
22		and impose a new sentence in accordance with this Section.
23		(7) A duly authenticated copy of the record of any
24		alleged former conviction of an offense set forth in this
25		Section shall be prima facie evidence of that former
26		conviction; and a duly authenticated copy of the record of

SB1722 Engrossed - 96 - LRB100 11347 RLC 21730 b
1		the defendant's final release or discharge from probation
2		granted, or from sentence and parole supervision (if any)
3		imposed pursuant to that former conviction, shall be prima
4		facie evidence of that release or discharge.
5		(8) Any claim that a previous conviction offered by the
6		prosecution is not a former conviction of an offense set
7		forth in this Section because of the existence of any
8		exceptions described in this Section, is waived unless duly
9		raised at the hearing on that conviction, or unless the
10		prosecution's proof shows the existence of the exceptions
11		described in this Section.
12		(9) If the person so convicted shows to the
13		satisfaction of the court before whom that conviction was
14		had that he or she was released from imprisonment, upon
15		either of the sentences upon a pardon granted for the
16		reason that he or she was innocent, that conviction and
17		sentence shall not be considered under this Section.
18		(b) When a defendant, over the age of 21 years, is
19		convicted of a Class 1 or Class 2 felony, except for an offense
20		listed in subsection (c) of this Section, after having twice
21		been convicted in any state or federal court of an offense that
22		contains the same elements as an offense now (the date the
23		Class 1 or Class 2 felony was committed) classified in Illinois
24		as a Class 2 or greater Class felony, except for an offense
25		listed in subsection (c) of this Section, and those charges are
26		separately brought and tried and arise out of different series

SB1722 Engrossed - 97 - LRB100 11347 RLC 21730 b
1		of acts, that defendant shall be sentenced as a Class X
2		offender. This subsection does not apply unless:
3		(1) the first felony was committed after February 1,
4		1978 (the effective date of Public Act 80-1099);
5		(2) the second felony was committed after conviction on
6		the first; and
7		(3) the third felony was committed after conviction on
8		the second.
9		(c) Subsection (b) of this Section does not apply to Class
10		1 or Class 2 felony convictions for a violation of Section 16-1
11		of the Criminal Code of 2012.
12		A person sentenced as a Class X offender under this
13		subsection (b) is not eligible to apply for treatment as a
14		condition of probation as provided by Section 40-10 of the
15		Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
16		301/40-10).
17		(Source: P.A. 99-69, eff. 1-1-16.)
18		(730 ILCS 5/5-4.5-110 new)
19		Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
20		PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
21		(a) DEFINITIONS. For the purposes of this Section:
22		"Firearm" has the meaning ascribed to it in Section 1.1
23		of the Firearm Owners Identification Card Act.
24		"Qualifying predicate offense" means the following
25		offenses under the Criminal Code of 2012:

SB1722 Engrossed - 98 - LRB100 11347 RLC 21730 b
1		(A) aggravated unlawful use of a weapon under
2		Section 24-1.6 or similar offense under the Criminal
3		Code of 1961, when the weapon is a firearm;
4		(B) unlawful use or possession of a weapon by a
5		felon under Section 24-1.1 or similar offense under the
6		Criminal Code of 1961, when the weapon is a firearm;
7		(C) first degree murder under Section 9-1 or
8		similar offense under the Criminal Code of 1961;
9		(D) attempted first degree murder with a firearm or
10		similar offense under the Criminal Code of 1961;
11		(E) aggravated kidnapping with a firearm under
12		paragraph (6) or (7) of subsection (a) of Section 10-2
13		or similar offense under the Criminal Code of 1961;
14		(F) aggravated battery with a firearm under
15		subsection (e) of Section 12-3.05 or similar offense
16		under the Criminal Code of 1961;
17		(G) aggravated criminal sexual assault under
18		Section 11-1.30 or similar offense under the Criminal
19		Code of 1961;
20		(H) predatory criminal sexual assault of a child
21		under Section 11-1.40 or similar offense under the
22		Criminal Code of 1961;
23		(I) armed robbery under Section 18-2 or similar
24		offense under the Criminal Code of 1961;
25		(J) vehicular hijacking under Section 18-3 or
26		similar offense under the Criminal Code of 1961;

SB1722 Engrossed - 99 - LRB100 11347 RLC 21730 b
1		(K) aggravated vehicular hijacking under Section
2		18-4 or similar offense under the Criminal Code of
3		1961;
4		(L) home invasion with a firearm under paragraph
5		(3), (4), or (5) of subsection (a) of Section 19-6 or
6		similar offense under the Criminal Code of 1961;
7		(M) aggravated discharge of a firearm under
8		Section 24-1.2 or similar offense under the Criminal
9		Code of 1961;
10		(N) aggravated discharge of a machine gun or a
11		firearm equipped with a device designed or used for
12		silencing the report of a firearm under Section
13		24-1.2-5 or similar offense under the Criminal Code of
14		1961;
15		(0) unlawful use of firearm projectiles under
16		Section 24-2.1 or similar offense under the Criminal
17		Code of 1961;
18		(P) manufacture, sale, or transfer of bullets or
19		shells represented to be armor piercing bullets,
20		dragon's breath shotgun shells, bolo shells, or
21		flechette shells under Section 24-2.2 or similar
22		offense under the Criminal Code of 1961;
23		(Q) unlawful sale or delivery of firearms under
24		Section 24-3 or similar offense under the Criminal Code
25		of 1961;
26		(R) unlawful discharge of firearm projectiles

SB1722 Engrossed - 100 - LRB100 11347 RLC 21730 b
1		under Section 24-3.2 or similar offense under the
2		Criminal Code of 1961;
3		(S) unlawful sale or delivery of firearms on school
4		premises of any school under Section 24-3.3 or similar
5		offense under the Criminal Code of 1961;
6		(T) unlawful purchase of a firearm under Section
7		24-3.5 or similar offense under the Criminal Code of
8		1961;
9		(U) use of a stolen firearm in the commission of an
10		offense under Section 24-3.7 or similar offense under
11		the Criminal Code of 1961;
12		(V) possession of a stolen firearm under Section
13		24-3.8 or similar offense under the Criminal Code of
14		1961;
15		(W) aggravated possession of a stolen firearm
16		under Section 24-3.9 or similar offense under the
17		Criminal Code of 1961;
18		(X) gunrunning under Section 24-3A or similar
19		offense under the Criminal Code of 1961;
20		(Y) defacing identification marks of firearms
21		under Section 24-5 or similar offense under the
22		Criminal Code of 1961; and
23		(Z) armed violence under Section 33A-2 or similar
24		offense under the Criminal Code of 1961.
25		(b) APPLICABILITY. On or after the effective date of this
26		amendatory Act of the 100th General Assembly, when a person is

SB1722 Engrossed - 101 - LRB100 11347 RLC 21730 b
1		convicted of unlawful use or possession of a weapon by a felon,
2		when the weapon is a firearm, or aggravated unlawful use of a
3		weapon, when the weapon is a firearm, after being previously
4		convicted of a qualifying predicate offense the person shall be
5		subject to the sentencing guidelines under this Section.
6		(c) SENTENCING GUIDELINES.
7		(1) When a person is convicted of unlawful use or
8		possession of a weapon by a felon, when the weapon is a
9		firearm, and that person has been previously convicted of a
10		qualifying predicate offense, the person shall be
11		sentenced to a term of imprisonment within the sentencing
12		range of not less than 7 years and not more than 14 years,
13		unless the court finds that a departure from the sentencing
14		guidelines under this paragraph is warranted under
15		subsection (d) of this Section.
16		(2) When a person is convicted of aggravated unlawful
17		use of a weapon, when the weapon is a firearm, and that
18		person has been previously convicted of a qualifying
19		predicate offense, the person shall be sentenced to a term
20		of imprisonment within the sentencing range of not less
21		than 6 years and not more than 7 years, unless the court
22		finds that a departure from the sentencing guidelines under
23		this paragraph is warranted under subsection (d) of this
24		Section.
25		(d) DEPARTURE FROM SENTENCING GUIDELINES.
26		(1) At the sentencing hearing conducted under Section

SB1722 Engrossed - 102 - LRB100 11347 RLC 21730 b
1		5-4-1 of this Code, the court may depart from the
2		sentencing guidelines provided in subsection (c) of this
3		Section and impose a sentence otherwise authorized by law
4		for the offense if the court, after considering any factor
5		under paragraph (2) of this subsection (d) relevant to the
6		nature and circumstances of the crime and to the history
7		and character of the defendant, finds on the record
8		substantial and compelling justification that the sentence
9		within the sentencing guidelines would be unduly harsh and
10		that a sentence otherwise authorized by law would be
11		consistent with public safety and does not deprecate the
12		seriousness of the offense.
13		(2) In deciding whether to depart from the sentencing
14		guidelines under this paragraph, the court shall consider:
15		(A) the age, immaturity, or limited mental
16		capacity of the defendant at the time of commission of
17		the qualifying predicate or current offense, including
18		whether the defendant was suffering from a mental or
19		physical condition insufficient to constitute a
20		defense but significantly reduced the defendant's
21		culpability;
22		(B) the nature and circumstances of the qualifying
23		predicate offense;
24		(C) the time elapsed since the qualifying
25		predicate offense;
26		(D) the nature and circumstances of the current

SB1722 Engrossed - 103 - LRB100 11347 RLC 21730 b
1		offense;
2		(E) the defendant's prior criminal history;
3		(F) whether the defendant committed the qualifying
4		predicate or current offense under specific and
5		credible duress, coercion, threat, or compulsion;
6		(G) whether the defendant aided in the
7		apprehension of another felon or testified truthfully
8		on behalf of another prosecution of a felony; and
9		(H) whether departure is in the interest of the
10		person's rehabilitation, including employment or
11		educational or vocational training, after taking into
12		account any past rehabilitation efforts or
13		dispositions of probation or supervision, and the
14		defendant's cooperation or response to rehabilitation.
15		(3) When departing from the sentencing guidelines
16		under this Section, the court shall specify on the record,
17		the particular evidence, information, factor or factors,
18		or other reasons which led to the departure from the
19		sentencing guidelines. When departing from the sentencing
20		range in accordance with this subsection (d), the court
21		shall indicate on the sentencing order which departure
22		factor or factors outlined in paragraph (2) of this
23		subsection (d) led to the sentence imposed. The sentencing
24		order shall be filed with the clerk of the court and shall
25		be a public record.

SB1722 Engrossed - 104 - LRB100 11347 RLC 21730 b
1		(730 ILCS 5/5-6-3.3)
2		Sec. 5-6-3.3. Offender Initiative Program.
3		(a) Statement of purpose. The General Assembly seeks to
4		continue other successful programs that promote public safety,
5		conserve valuable resources, and reduce recidivism by
6		defendants who can lead productive lives by creating the
7		Offender Initiative Program.
8		(a-1) Whenever any person who has not previously been
9		convicted of, or placed on probation or conditional discharge
10		for, any felony offense under the laws of this State, the laws
11		of any other state, or the laws of the United States, is
12		arrested for and charged with a probationable felony offense of
13		theft, retail theft, forgery, possession of a stolen motor
14		vehicle, burglary, possession of burglary tools, deceptive
15		practices, disorderly conduct, criminal damage or trespass to
16		property under Article 21 of the Criminal Code of 2012,
17		criminal trespass to a residence, obstructing justice, or an
18		offense involving fraudulent identification, or possession of
19		cannabis, possession of a controlled substance, or possession
20		of methamphetamine, the court, with the consent of the
21		defendant and the State's Attorney, may continue this matter to
22		allow a defendant to participate and complete the Offender
23		Initiative Program.
24		(a-2) Exemptions. A defendant shall not be eligible for
25		this Program if the offense he or she has been arrested for and
26		charged with is a violent offense. For purposes of this

SB1722 Engrossed - 105 - LRB100 11347 RLC 21730 b
1		Program, a "violent offense" is any offense where bodily harm
2		was inflicted or where force was used against any person or
3		threatened against any person, any offense involving sexual
4		conduct, sexual penetration, or sexual exploitation, any
5		offense of domestic violence, domestic battery, violation of an
6		order of protection, stalking, hate crime, driving under the
7		influence of drugs or alcohol, and any offense involving the
8		possession of a firearm or dangerous weapon. A defendant shall
9		not be eligible for this Program if he or she has previously
10		been adjudicated a delinquent minor for the commission of a
11		violent offense as defined in this subsection.
12		(b) When a defendant is placed in the Program, after both
13		the defendant and State's Attorney waive preliminary hearing
14		pursuant to Section 109-3 of the Code of Criminal Procedure of
15		1963, the court shall enter an order specifying that the
16		proceedings shall be suspended while the defendant is
17		participating in a Program of not less 12 months.
18		(c) The conditions of the Program shall be that the
19		defendant:
20		(1) not violate any criminal statute of this State or
21		any other jurisdiction;
22		(2) refrain from possessing a firearm or other
23		dangerous weapon;
24		(3) make full restitution to the victim or property
25		owner pursuant to Section 5-5-6 of this Code;
26		(4) obtain employment or perform not less than 30 hours

SB1722 Engrossed - 106 - LRB100 11347 RLC 21730 b
1		of community service, provided community service is
2		available in the county and is funded and approved by the
3		county board; and
4		(5) attend educational courses designed to prepare the
5		defendant for obtaining a high school diploma or to work
6		toward passing high school equivalency testing or to work
7		toward completing a vocational training program.
8		(d) The court may, in addition to other conditions, require
9		that the defendant:
10		(1) undergo medical or psychiatric treatment, or
11		treatment or rehabilitation approved by the Illinois
12		Department of Human Services;
13		(2) refrain from having in his or her body the presence
14		of any illicit drug prohibited by the Methamphetamine
15		Control and Community Protection Act, the Cannabis Control
16		Act or the Illinois Controlled Substances Act, unless
17		prescribed by a physician, and submit samples of his or her
18		blood or urine or both for tests to determine the presence
19		of any illicit drug;
20		(3) submit to periodic drug testing at a time, manner,
21		and frequency as ordered by the court;
22		(4) pay fines, fees and costs; and
23		(5) in addition, if a minor:
24		(i) reside with his or her parents or in a foster
25		home;
26		(ii) attend school;

SB1722 Engrossed - 107 - LRB100 11347 RLC 21730 b
1		(iii) attend a non-residential program for youth;
2		or
3		(iv) contribute to his or her own support at home
4		or in a foster home.
5		(e) When the State's Attorney makes a factually specific
6		offer of proof that the defendant has failed to successfully
7		complete the Program or has violated any of the conditions of
8		the Program, the court shall enter an order that the defendant
9		has not successfully completed the Program and continue the
10		case for arraignment pursuant to Section 113-1 of the Code of
11		Criminal Procedure of 1963 for further proceedings as if the
12		defendant had not participated in the Program.
13		(f) Upon fulfillment of the terms and conditions of the
14		Program, the State's Attorney shall dismiss the case or the
15		court shall discharge the person and dismiss the proceedings
16		against the person.
17		(g) A person may only have There may be only one discharge
18		and dismissal under this Section within a 4-year period with
19		respect to any person.
20		(h) Notwithstanding subsection (a-1), if the court finds
21		that the defendant suffers from a substance abuse problem, then
22		before the person participates in the Program under this
23		Section, the court may refer the person to the drug court
24		established in that judicial circuit pursuant to Section 15 of
25		the Drug Court Treatment Act. The drug court team shall
26		evaluate the person's likelihood of successfully fulfilling

SB1722 Engrossed - 108 - LRB100 11347 RLC 21730 b
1		the terms and conditions of the Program under this Section and
2		shall report the results of its evaluation to the court. If the
3		drug court team finds that the person suffers from a substance
4		abuse problem that makes him or her substantially unlikely to
5		successfully fulfill the terms and conditions of the Program,
6		then the drug court shall set forth its findings in the form of
7		a written order, and the person shall be ineligible to
8		participate in the Program under this Section, but shall may be
9		considered for the drug court program.
10		(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
11		(730 ILCS 5/5-6-3.4)
12		Sec. 5-6-3.4. Second Chance Probation.
13		(a) Whenever any person who has not previously been
14		convicted of, or placed on probation or conditional discharge
15		for, any felony offense under the laws of this State, the laws
16		of any other state, or the laws of the United States, including
17		probation under Section 410 of the Illinois Controlled
18		Substances Act, Section 70 of the Methamphetamine Control and
19		Community Protection Act, Section 10 of the Cannabis Control
20		Act, subsection (c) of Section 11-14 of the Criminal Code of
21		2012, Treatment Alternatives for Criminal Justice Clients
22		(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
23		and Dependency Act, or prior successful completion of the
24		Offender Initiative Program under Section 5-6-3.3 of this Code,
25		and pleads guilty to, or is found guilty of, a probationable

SB1722 Engrossed - 109 - LRB100 11347 RLC 21730 b
1		felony offense of possession of less than 15 grams of a
2		controlled substance that is punishable as a Class 4 felony;
3		possession of less than 15 grams of methamphetamine that is
4		punishable as a Class 4 felony; or a probationable felony
5		offense of possession of cannabis, theft, retail theft,
6		forgery, deceptive practices, possession of a stolen motor
7		vehicle, burglary, possession of burglary tools, disorderly
8		conduct, criminal damage or trespass to property under Article
9		21 of the Criminal Code of 2012, criminal trespass to a
10		residence, an offense involving fraudulent identification, or
11		obstructing justice; theft that is punishable as a Class 3
12		felony based on the value of the property or punishable as a
13		Class 4 felony if the theft was committed in a school or place
14		of worship or if the theft was of governmental property; retail
15		theft that is punishable as a Class 3 felony based on the value
16		of the property; criminal damage to property that is punishable
17		as a Class 4 felony; criminal damage to government supported
18		property that is punishable as a Class 4 felony; or possession
19		of cannabis which is punishable as a Class 4 felony, the court,
20		with the consent of the defendant and the State's Attorney,
21		may, without entering a judgment, sentence the defendant to
22		probation under this Section.
23		(a-1) Exemptions. A defendant is not eligible for this
24		probation if the offense he or she pleads guilty to, or is
25		found guilty of, is a violent offense, or he or she has
26		previously been convicted of a violent offense. For purposes of

SB1722 Engrossed - 110 - LRB100 11347 RLC 21730 b
1		this probation, a "violent offense" is any offense where bodily
2		harm was inflicted or where force was used against any person
3		or threatened against any person, any offense involving sexual
4		conduct, sexual penetration, or sexual exploitation, any
5		offense of domestic violence, domestic battery, violation of an
6		order of protection, stalking, hate crime, driving under the
7		influence of drugs or alcohol, and any offense involving the
8		possession of a firearm or dangerous weapon. A defendant shall
9		not be eligible for this probation if he or she has previously
10		been adjudicated a delinquent minor for the commission of a
11		violent offense as defined in this subsection.
12		(b) When a defendant is placed on probation, the court
13		shall enter an order specifying a period of probation of not
14		less than 24 months and shall defer further proceedings in the
15		case until the conclusion of the period or until the filing of
16		a petition alleging violation of a term or condition of
17		probation.
18		(c) The conditions of probation shall be that the
19		defendant:
20		(1) not violate any criminal statute of this State or
21		any other jurisdiction;
22		(2) refrain from possessing a firearm or other
23		dangerous weapon;
24		(3) make full restitution to the victim or property
25		owner under Section 5-5-6 of this Code;
26		(4) obtain or attempt to obtain employment;

SB1722 Engrossed - 111 - LRB100 11347 RLC 21730 b
1		(5) pay fines and costs;
2		(6) attend educational courses designed to prepare the
3		defendant for obtaining a high school diploma or to work
4		toward passing high school equivalency testing or to work
5		toward completing a vocational training program;
6		(7) submit to periodic drug testing at a time and in a
7		manner as ordered by the court, but no less than 3 times
8		during the period of probation, with the cost of the
9		testing to be paid by the defendant; and
10		(8) perform a minimum of 30 hours of community service.
11		(d) The court may, in addition to other conditions, require
12		that the defendant:
13		(1) make a report to and appear in person before or
14		participate with the court or such courts, person, or
15		social service agency as directed by the court in the order
16		of probation;
17		(2) undergo medical or psychiatric treatment, or
18		treatment or rehabilitation approved by the Illinois
19		Department of Human Services;
20		(3) attend or reside in a facility established for the
21		instruction or residence of defendants on probation;
22		(4) support his or her dependents; or
23		(5) refrain from having in his or her body the presence
24		of any illicit drug prohibited by the Methamphetamine
25		Control and Community Protection Act, the Cannabis Control
26		Act, or the Illinois Controlled Substances Act, unless

SB1722 Engrossed - 112 - LRB100 11347 RLC 21730 b
1		prescribed by a physician, and submit samples of his or her
2		blood or urine or both for tests to determine the presence
3		of any illicit drug.
4		(e) Upon violation of a term or condition of probation, the
5		court may enter a judgment on its original finding of guilt and
6		proceed as otherwise provided by law.
7		(f) Upon fulfillment of the terms and conditions of
8		probation, the court shall discharge the person and dismiss the
9		proceedings against the person.
10		(g) A disposition of probation is considered to be a
11		conviction for the purposes of imposing the conditions of
12		probation and for appeal; however, a discharge and dismissal
13		under this Section is not a conviction for purposes of this
14		Code or for purposes of disqualifications or disabilities
15		imposed by law upon conviction of a crime.
16		(h) A person may only have There may be only one discharge
17		and dismissal under this Section within a 4-year period ,
18		Section 410 of the Illinois Controlled Substances Act, Section
19		70 of the Methamphetamine Control and Community Protection Act,
20		Section 10 of the Cannabis Control Act, Treatment Alternatives
21		for Criminal Justice Clients (TASC) under Article 40 of the
22		Alcoholism and Other Drug Abuse and Dependency Act, the
23		Offender Initiative Program under Section 5-6-3.3 of this Code,
24		and subsection (c) of Section 11-14 of the Criminal Code of
25		2012 with respect to any person.
26		(i) If a person is convicted of any offense which occurred

SB1722 Engrossed - 113 - LRB100 11347 RLC 21730 b
1		within 5 years subsequent to a discharge and dismissal under
2		this Section, the discharge and dismissal under this Section
3		shall be admissible in the sentencing proceeding for that
4		conviction as evidence in aggravation.
5		(j) Notwithstanding subsection (a), if the court finds that
6		the defendant suffers from a substance abuse problem, then
7		before the person is placed on probation under this Section,
8		the court may refer the person to the drug court established in
9		that judicial circuit pursuant to Section 15 of the Drug Court
10		Treatment Act. The drug court team shall evaluate the person's
11		likelihood of successfully fulfilling the terms and conditions
12		of probation under this Section and shall report the results of
13		its evaluation to the court. If the drug court team finds that
14		the person suffers from a substance abuse problem that makes
15		him or her substantially unlikely to successfully fulfill the
16		terms and conditions of probation under this Section, then the
17		drug court shall set forth its findings in the form of a
18		written order, and the person shall be ineligible to be placed
19		on probation under this Section, but shall may be considered
20		for the drug court program.
21		(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
22		eff. 9-9-15.)
23		(730 ILCS 5/5-8-8)
24		(Section scheduled to be repealed on December 31, 2020)
25		Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.

SB1722 Engrossed - 114 - LRB100 11347 RLC 21730 b
1		(a) Creation. There is created under the jurisdiction of
2		the Governor the Illinois Sentencing Policy Advisory Council,
3		hereinafter referred to as the Council.
4		(b) Purposes and goals. The purpose of the Council is to
5		review sentencing policies and practices and examine how these
6		policies and practices impact the criminal justice system as a
7		whole in the State of Illinois. In carrying out its duties, the
8		Council shall be mindful of and aim to achieve the purposes of
9		sentencing in Illinois, which are set out in Section 1-1-2 of
10		this Code:
11		(1) prescribe sanctions proportionate to the
12		seriousness of the offenses and permit the recognition of
13		differences in rehabilitation possibilities among
14		individual offenders;
15		(2) forbid and prevent the commission of offenses;
16		(3) prevent arbitrary or oppressive treatment of
17		persons adjudicated offenders or delinquents; and
18		(4) restore offenders to useful citizenship.
19		(c) Council composition.
20		(1) The Council shall consist of the following members:
21		(A) the President of the Senate, or his or her
22		designee;
23		(B) the Minority Leader of the Senate, or his or
24		her designee;
25		(C) the Speaker of the House, or his or her
26		designee;

SB1722 Engrossed - 115 - LRB100 11347 RLC 21730 b
1		(D) the Minority Leader of the House, or his or her
2		designee;
3		(E) the Governor, or his or her designee;
4		(F) the Attorney General, or his or her designee;
5		(G) two retired judges, who may have been circuit,
6		appellate, or supreme court judges; retired judges
7		shall be selected by the members of the Council
8		designated in clauses (c)(1)(A) through (L);
9		(G-5) (blank);
10		(H) the Cook County State's Attorney, or his or her
11		designee;
12		(I) the Cook County Public Defender, or his or her
13		designee;
14		(J) a State's Attorney not from Cook County,
15		appointed by the State's Attorney's Appellate
16		Prosecutor;
17		(K) the State Appellate Defender, or his or her
18		designee;
19		(L) the Director of the Administrative Office of
20		the Illinois Courts, or his or her designee;
21		(M) a victim of a violent felony or a
22		representative of a crime victims' organization,
23		selected by the members of the Council designated in
24		clauses (c)(1)(A) through (L);
25		(N) a representative of a community-based
26		organization, selected by the members of the Council

SB1722 Engrossed - 116 - LRB100 11347 RLC 21730 b
1		designated in clauses (c)(1)(A) through (L);
2		(O) a criminal justice academic researcher, to be
3		selected by the members of the Council designated in
4		clauses (c)(1)(A) through (L);
5		(P) a representative of law enforcement from a unit
6		of local government to be selected by the members of
7		the Council designated in clauses (c)(1)(A) through
8		(L);
9		(Q) a sheriff selected by the members of the
10		Council designated in clauses (c)(1)(A) through (L);
11		and
12		(R) ex-officio members shall include:
13		(i) the Director of Corrections, or his or her
14		designee;
15		(ii) the Chair of the Prisoner Review Board, or
16		his or her designee;
17		(iii) the Director of the Illinois State
18		Police, or his or her designee; and
19		(iv) the Director of the Illinois Criminal
20		Justice Information Authority, or his or her
21		designee.
22		(1.5) The Chair and Vice Chair shall be elected from
23		among its members by a majority of the members of the
24		Council.
25		(2) Members of the Council who serve because of their
26		public office or position, or those who are designated as

SB1722 Engrossed - 117 - LRB100 11347 RLC 21730 b
1		members by such officials, shall serve only as long as they
2		hold such office or position.
3		(3) Council members shall serve without compensation
4		but shall be reimbursed for travel and per diem expenses
5		incurred in their work for the Council.
6		(4) The Council may exercise any power, perform any
7		function, take any action, or do anything in furtherance of
8		its purposes and goals upon the appointment of a quorum of
9		its members. The term of office of each member of the
10		Council ends on the date of repeal of this amendatory Act
11		of the 96th General Assembly.
12		(d) Duties. The Council shall perform, as resources permit,
13		duties including:
14		(1) Collect and analyze information including
15		sentencing data, crime trends, and existing correctional
16		resources to support legislative and executive action
17		affecting the use of correctional resources on the State
18		and local levels.
19		(2) Prepare criminal justice population projections
20		annually, including correctional and community-based
21		supervision populations.
22		(3) Analyze data relevant to proposed sentencing
23		legislation and its effect on current policies or
24		practices, and provide information to support
25		evidence-based sentencing.
26		(4) Ensure that adequate resources and facilities are

SB1722 Engrossed - 118 - LRB100 11347 RLC 21730 b
1		available for carrying out sentences imposed on offenders
2		and that rational priorities are established for the use of
3		those resources. To do so, the Council shall prepare
4		criminal justice resource statements, identifying the
5		fiscal and practical effects of proposed criminal
6		sentencing legislation, including, but not limited to, the
7		correctional population, court processes, and county or
8		local government resources.
9		(4.5) Study and conduct a thorough analysis of
10		sentencing under Section 5-4.5-110 of this Code. The
11		Sentencing Policy Advisory Council shall provide annual
12		reports to the Governor and General Assembly, including the
13		total number of persons sentenced under Section 5-4.5-110
14		of this Code, the total number of departures from sentences
15		under Section 5-4.5-110 of this Code, and an analysis of
16		trends in sentencing and departures. On or before December
17		31, 2022, the Sentencing Policy Advisory Council shall
18		provide a report to the Governor and General Assembly on
19		the effectiveness of sentencing under Section 5-4.5-110 of
20		this Code, including recommendations on whether sentencing
21		under Section 5-4.5-110 of this Code should be adjusted or
22		continued.
23		(5) Perform such other studies or tasks pertaining to
24		sentencing policies as may be requested by the Governor or
25		the Illinois General Assembly.
26		(6) Perform such other functions as may be required by

SB1722 Engrossed - 119 - LRB100 11347 RLC 21730 b
1		law or as are necessary to carry out the purposes and goals
2		of the Council prescribed in subsection (b).
3		(7) Publish a report on the trends in sentencing for
4		offenders described in subsection (b-1) of Section 5-4-1 of
5		this Code, the impact of the trends on the prison and
6		probation populations, and any changes in the racial
7		composition of the prison and probation populations that
8		can be attributed to the changes made by adding subsection
9		(b-1) of Section 5-4-1 to this Code by Public Act 99-861
10		this amendatory Act of the 99th General Assembly.
11		(e) Authority.
12		(1) The Council shall have the power to perform the
13		functions necessary to carry out its duties, purposes and
14		goals under this Act. In so doing, the Council shall
15		utilize information and analysis developed by the Illinois
16		Criminal Justice Information Authority, the Administrative
17		Office of the Illinois Courts, and the Illinois Department
18		of Corrections.
19		(2) Upon request from the Council, each executive
20		agency and department of State and local government shall
21		provide information and records to the Council in the
22		execution of its duties.
23		(f) Report. The Council shall report in writing annually to
24		the General Assembly, the Illinois Supreme Court, and the
25		Governor.
26		(g) This Section is repealed on December 31, 2020.

SB1722 Engrossed - 120 - LRB100 11347 RLC 21730 b
1		(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
2		99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)