Sen. Kwame Raoul
Filed: 4/6/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1722




2 AMENDMENT NO. ______. Amend Senate Bill 1722 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. This Act may be referred to as the Safe

5Neighborhoods Reform Act.

6 Section 5. The Criminal Identification Act is amended by 
7changing 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 
10accurate
criminal records of the Department of State Police, it 
11is necessary for all
policing bodies of this State, the clerk 
12of the circuit court, the Illinois
Department of Corrections, 
13the sheriff of each county, and State's Attorney
of each county 
14to submit certain criminal arrest, charge, and disposition

15information to the Department for filing at the earliest time 
 
 
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1possible.
Unless otherwise noted herein, it shall be the duty 
2of all policing bodies
of this State, the clerk of the circuit 
3court, the Illinois Department of
Corrections, the sheriff of 
4each county, and the State's Attorney of each
county to report 
5such information as provided in this Section, both in the
form 
6and manner required by the Department and within 30 days of the

7criminal history event. Specifically:

8 (a) Arrest Information. All agencies making arrests for 
9offenses which
are required by statute to be collected, 
10maintained or disseminated by the
Department of State Police 
11shall be responsible
for furnishing daily to the Department 
12fingerprints, charges and
descriptions of all persons who are 
13arrested for such offenses. All such
agencies shall also notify 
14the Department of all decisions by the arresting
agency not to 
15refer
such arrests for prosecution. With approval of the 
16Department, an agency
making such arrests may enter into

17arrangements with other agencies for the purpose of furnishing 
18daily such
fingerprints, charges and descriptions to the 
19Department upon its behalf.

20 (b) Charge Information. The State's Attorney of each county 
21shall notify
the Department of all charges filed and all 
22petitions filed alleging that a
minor is delinquent, including 
23all those added subsequent
to the filing of a case, and whether 
24charges were not filed
in cases for which the Department has 
25received information
required to be reported pursuant to 
26paragraph (a) of this Section.
With approval of the Department, 
 
 
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1the State's Attorney may enter into
arrangements with other 
2agencies for the
purpose of furnishing the information required 
3by this subsection (b) to the
Department upon the State's 
4Attorney's behalf.

5 (c) Disposition Information. The clerk of the circuit court 
6of each county
shall furnish the Department, in the form and 
7manner required by the Supreme
Court, with all final 
8dispositions of cases for which the Department
has received 
9information required to be reported pursuant to paragraph (a)

10or (d) of this Section. Such information shall include, for 
11each charge,
all (1) judgments of not guilty, judgments of 
12guilty including the sentence
pronounced by the court with 
13statutory citations to the relevant sentencing provision,

14findings that a minor is delinquent
and any sentence made based 
15on those findings,
discharges and dismissals in the court; (2)

16reviewing court orders filed with the clerk of the circuit 
17court which
reverse or remand a reported conviction
or findings 
18that a minor is delinquent
or that vacate or modify a sentence

19or sentence made following a trial that a minor is
delinquent;

20(3)
continuances to a date certain in furtherance of an order 
21of supervision
granted under Section 5-6-1 of the Unified Code 
22of Corrections or an order
of probation granted under Section 
2310 of the Cannabis Control Act, Section
410 of the Illinois 
24Controlled Substances Act, Section 70 of the Methamphetamine 
25Control and Community Protection Act, Section 12-4.3 or 
26subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of 
 
 
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11961 or the Criminal Code of 2012, Section 10-102 of the 
2Illinois Alcoholism and
Other Drug Dependency Act, Section 
340-10 of the Alcoholism and Other Drug
Abuse and Dependency 
4Act, Section 10 of the Steroid Control Act, or
Section 5-615 of 
5the Juvenile Court Act of 1987; and
(4) judgments or court 
6orders terminating or revoking a sentence
to or juvenile 
7disposition of probation, supervision or conditional
discharge 
8and any resentencing
or new court orders entered by a juvenile 
9court relating to the disposition
of a minor's case involving 
10delinquency
after such revocation.

11 (d) Fingerprints After Sentencing.


12  (1) After the court pronounces sentence,
sentences a 
13 minor following a trial in which a minor was found to be

14 delinquent
or issues an order of supervision or an order of 
15 probation granted under
Section 10 of the Cannabis Control 
16 Act, Section 410 of the Illinois
Controlled Substances Act, 
17 Section 70 of the Methamphetamine Control and Community 
18 Protection Act, Section 12-4.3 or subdivision (b)(1) of 
19 Section 12-3.05 of the Criminal Code of
1961 or the 
20 Criminal Code of 2012, Section 10-102 of the Illinois 
21 Alcoholism and Other Drug Dependency
Act, Section 40-10 of 
22 the Alcoholism and Other Drug Abuse and Dependency
Act, 
23 Section 10 of the Steroid Control Act, or Section
5-615 of

24 the Juvenile Court Act of 1987 for any offense which
is 
25 required by statute to be collected,
maintained, or 
26 disseminated by the Department of State Police, the State's

 
 
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1 Attorney of each county shall ask the court to order a law 
2 enforcement
agency to fingerprint immediately all persons 
3 appearing before the court
who have not previously been 
4 fingerprinted for the same case. The court
shall so order 
5 the requested fingerprinting, if it determines that any 
6 such
person has not previously been fingerprinted for the 
7 same case. The law
enforcement agency shall submit such 
8 fingerprints to the Department daily.


9  (2) After the court pronounces sentence or makes a 
10 disposition of a case
following a finding of delinquency 
11 for any offense which is not
required by statute to be 
12 collected, maintained, or disseminated by the
Department 
13 of State Police, the prosecuting attorney may ask the court 
14 to
order a law enforcement agency to fingerprint 
15 immediately all persons
appearing before the court who have 
16 not previously been fingerprinted for
the same case. The 
17 court may so order the requested fingerprinting, if it

18 determines that any so sentenced person has not previously 
19 been
fingerprinted for the same case. The law enforcement 
20 agency may retain
such fingerprints in its files.

21 (e) Corrections Information. The Illinois Department of 
22Corrections and
the sheriff of each county shall furnish the 
23Department with all information
concerning the receipt, 
24escape, execution, death, release, pardon, parole,
commutation 
25of sentence, granting of executive clemency or discharge of
an 
26individual who has been sentenced or committed to the agency's 
 
 
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1custody
for any offenses
which are mandated by statute to be 
2collected, maintained or disseminated
by the Department of 
3State Police. For an individual who has been charged
with any 
4such offense and who escapes from custody or dies while in

5custody, all information concerning the receipt and escape or 
6death,
whichever is appropriate, shall also be so furnished to 
7the Department.

8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)


9 Section 15. The Criminal Code of 2012 is amended by 
10changing Sections 19-1, 24-1.1, and 24-1.6 as follows:




11 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)



12 Sec. 19-1. Burglary. 

13 (a) A person commits burglary when without authority he or 
14she knowingly enters
or without authority remains within a 
15building, housetrailer, watercraft,
aircraft, motor vehicle, 
16railroad
car, or any part thereof, with intent to commit 
17therein a felony or theft.
This offense shall not include the 
18offenses set out in Section 4-102 of the
Illinois Vehicle Code.

19 (b) Sentence.

20 Burglary committed in, and without causing damage to, a 
21watercraft, aircraft, motor vehicle, railroad car, or any part 
22thereof is a Class 3 felony. Burglary committed in a building, 
23housetrailer, or any part thereof or while causing damage to a 
24watercraft, aircraft, motor vehicle, railroad car, or any part 
 
 
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1thereof is a Class 2 felony. A burglary committed in a school, 
2day care center, day care home, group day care home, or part 
3day child care facility, or place of
worship is a
Class 1 
4felony, except that this provision does not apply to a day care 
5center, day care home, group day care home, or part day child 
6care facility operated in a private residence used as a 
7dwelling.

8 (c) Regarding penalties prescribed in subsection
(b) for 
9violations committed in a day care center, day care home, group 
10day care home, or part day child care facility, the time of 
11day, time of year, and whether children under 18 years of age 
12were present in the day care center, day care home, group day 
13care home, or part day child care facility are irrelevant. 
14(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)





15 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


16 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 
17Felons or
Persons in the Custody of the
Department of 
18Corrections Facilities.
19 (a) It is unlawful
for a person to knowingly possess on or 
20about his person or on his land or
in his own abode or fixed 
21place of business any weapon prohibited under
Section 24-1 of 
22this Act or any firearm or any firearm ammunition if the
person 
23has been convicted of a felony under the laws of this State or 
24any
other jurisdiction. This Section shall not apply if the 
25person has been
granted relief by the Director of the 
 
 
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1Department of State Police
under Section 10 of the Firearm 
2Owners Identification
Card Act.

3 (b) It is unlawful for any person confined in a penal 
4institution,
which is a facility of the Illinois Department of 
5Corrections, to possess
any weapon prohibited under Section 
624-1 of this Code or any firearm or
firearm ammunition, 
7regardless of the intent with which he possesses it.

8 (c) It shall be an affirmative defense to a violation of 
9subsection (b), that such possession was specifically 
10authorized by rule,
regulation, or directive of the Illinois 
11Department of Corrections or order
issued pursuant thereto.

12 (d) The defense of necessity is not available to a person 
13who is charged
with a violation of subsection (b) of this 
14Section.

15 (e) Sentence. Violation of this Section by a person not 
16confined
in a penal institution shall be a Class 3 felony
for 
17which the person shall be sentenced to no less than 2 years and 
18no
more than 10 years. A and any second or subsequent violation 
19of this Section shall be a Class 2 felony for which the person 
20shall be sentenced to a term of imprisonment of not less than 3 
21years and not more than 14 years, except as provided for in 
22Section 5-4.5-110 of the Unified Code of Corrections. Violation 
23of this Section by a person not confined in a
penal institution 
24who has been convicted of a forcible felony, a felony
violation 
25of Article 24 of this Code or of the Firearm Owners 
26Identification
Card Act, stalking or aggravated stalking, or a 
 
 
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1Class 2 or greater felony
under the Illinois Controlled 
2Substances Act, the Cannabis Control Act, or the 
3Methamphetamine Control and Community Protection Act is a
Class 
42 felony for which the person
shall be sentenced to not less 
5than 3 years and not more than 14 years, except as provided for 
6in Section 5-4.5-110 of the Unified Code of Corrections.

7Violation of this Section by a person who is on parole or 
8mandatory supervised
release is a Class 2 felony for which the 
9person shall be sentenced to not less than 3 years and not more 
10than 14
years, except as provided for in Section 5-4.5-110 of 
11the Unified Code of Corrections. Violation of this Section by a 
12person not confined in a penal
institution is a Class X felony 
13when the firearm possessed is a machine gun.
Any person who 
14violates this Section while confined in a penal
institution, 
15which is a facility of the Illinois Department of
Corrections, 
16is guilty of a Class 1
felony, if he possesses any weapon 
17prohibited under Section 24-1 of this
Code regardless of the 
18intent with which he possesses it, a Class X
felony if he 
19possesses any firearm, firearm ammunition or explosive, and a

20Class X felony for which the offender shall be sentenced to not 
21less than 12
years and not more than 50 years when the firearm 
22possessed is a machine
gun. A violation of this Section while 
23wearing or in possession of body armor as defined in Section 
2433F-1 is a Class X felony punishable by a term of imprisonment 
25of not less than 10 years and not more than 40 years.
The 
26possession of each firearm or firearm ammunition in violation 
 
 
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1of this Section constitutes a single and separate violation.

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


3 (720 ILCS 5/24-1.6)
4 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
5 (a) A person commits the offense of aggravated unlawful use 
6of a weapon when
he or she knowingly:
7  (1) Carries on or about his or her person or in any 
8 vehicle or concealed
on or about his or her person except 
9 when on his or her land or in his or her
abode, legal 
10 dwelling, or fixed place of business, or on the land or in 
11 the legal dwelling of another person as an invitee with 
12 that person's permission, any pistol, revolver, stun gun or 
13 taser or
other firearm; or
14  (2) Carries or possesses on or about his or her person, 
15 upon any public
street, alley, or other public lands within 
16 the corporate limits of a city,
village or incorporated 
17 town, except when an invitee thereon or therein, for
the 
18 purpose of the display of such weapon or the lawful 
19 commerce in weapons, or
except when on his or her own land 
20 or in his or her own abode, legal dwelling, or fixed place 
21 of
business, or on the land or in the legal dwelling of 
22 another person as an invitee with that person's permission, 
23 any pistol, revolver, stun gun or taser or other firearm; 
24 and
25  (3) One of the following factors is present:
 
 
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1   (A) the firearm, other than a pistol, revolver, or 
2 handgun, possessed was uncased, loaded, and 
3 immediately accessible
at the time of the offense; or
4   (A-5) the pistol, revolver, or handgun possessed 
5 was uncased, loaded, and immediately accessible
at the 
6 time of the offense and the person possessing the 
7 pistol, revolver, or handgun has not been issued a 
8 currently valid license under the Firearm Concealed 
9 Carry Act; or 
10   (B) the firearm, other than a pistol, revolver, or 
11 handgun, possessed was uncased, unloaded, and the 
12 ammunition for
the weapon was immediately accessible 
13 at the time of the offense; or
14   (B-5) the pistol, revolver, or handgun possessed 
15 was uncased, unloaded, and the ammunition for
the 
16 weapon was immediately accessible at the time of the 
17 offense and the person possessing the pistol, 
18 revolver, or handgun has not been issued a currently 
19 valid license under the Firearm Concealed Carry Act; or 
20   (C) the person possessing the firearm has not been 
21 issued a currently
valid Firearm Owner's 
22 Identification Card; or
23   (D) the person possessing the weapon was 
24 previously adjudicated
a delinquent minor under the 
25 Juvenile Court Act of 1987 for an act that if
committed 
26 by an adult would be a felony; or
 
 
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1   (E) the person possessing the weapon was engaged in 
2 a misdemeanor
violation of the Cannabis
Control Act, in 
3 a misdemeanor violation of the Illinois Controlled 
4 Substances
Act, or in a misdemeanor violation of the 
5 Methamphetamine Control and Community Protection Act; 
6 or
7   (F) (blank); or
8   (G) the person possessing the weapon had an a order 
9 of protection issued
against him or her within the 
10 previous 2 years; or
11   (H) the person possessing the weapon was engaged in 
12 the commission or
attempted commission of
a 
13 misdemeanor involving the use or threat of violence 
14 against
the person or property of another; or
15   (I) the person possessing the weapon was under 21 
16 years of age and in
possession of a handgun, unless the 
17 person under 21
is engaged in lawful activities under 
18 the Wildlife Code or described in
subsection 
19 24-2(b)(1), (b)(3), or 24-2(f).
20 (a-5) "Handgun" as used in this Section has the meaning 
21given to it in Section 5 of the Firearm Concealed Carry Act. 
22 (b) "Stun gun or taser" as used in this Section has the 
23same definition
given to it in Section 24-1 of this Code.
24 (c) This Section does not apply to or affect the 
25transportation or
possession
of weapons that:
26  (i) are broken down in a non-functioning state; or
 
 
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1  (ii) are not immediately accessible; or
2  (iii) are unloaded and enclosed in a case, firearm 
3 carrying box,
shipping box, or other container by a person 
4 who has been issued a currently
valid Firearm Owner's

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

9 (e) The possession of each firearm in violation of this 
10Section constitutes a single and separate violation.
11(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

12 Section 20. The Cannabis Control Act is amended by changing 
13Sections 5.2 and 10 as follows:




14 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)



15 Sec. 5.2. Delivery of cannabis on school grounds. 

16 (a) Any person who violates subsection (e) of Section 5 in 
17any school,
on the real property comprising any school, or any 
18conveyance owned, leased
or contracted by a school to transport 
19students to or from school or a
school related activity, or on 
20any public way within
500 1,000 feet of the real property 
21comprising any school, or in any conveyance
owned, leased or 
22contracted by a school to transport students to or from
school 
23or a school related activity, and at the time of the violation 
24persons under the age of 18 are present, the offense is 
 
 
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1committed during school hours, or the offense is committed at 
2times when persons under the age of 18 are reasonably expected 
3to be present in the school, in the conveyance, on the real 
4property, or on the public way, such as when after-school 
5activities are occurring, is guilty of a Class
1 felony, the 
6fine for which shall not exceed $200,000;

7 (b) Any person who violates subsection (d) of Section 5 in 
8any school,
on the real property comprising any school, or any 
9conveyance owned, leased
or contracted by a school to transport 
10students to or from school or a
school related activity, or on 
11any public way within 500 1,000 feet of the real
property 
12comprising any school, or in any conveyance owned, leased or

13contracted by a school to transport students to or from school 
14or a school
related activity, and at the time of the violation 
15persons under the age of 18 are present, the offense is 
16committed during school hours, or the offense is committed at 
17times when persons under the age of 18 are reasonably expected 
18to be present in the school, in the conveyance, on the real 
19property, or on the public way, such as when after-school 
20activities are occurring, is guilty of a Class 2 felony, the 
21fine for which shall
not exceed $100,000;

22 (c) Any person who violates subsection (c) of Section 5 in 
23any school,
on the real property comprising any school, or any 
24conveyance owned, leased
or contracted by a school to transport 
25students to or from school or a
school related activity, or on 
26any public way within 500 1,000 feet of the real
property 
 
 
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1comprising any school, or in any conveyance owned, leased or

2contracted by a school to transport students to or from school 
3or a school
related activity, and at the time of the violation 
4persons under the age of 18 are present, the offense is 
5committed during school hours, or the offense is committed at 
6times when persons under the age of 18 are reasonably expected 
7to be present in the school, in the conveyance, on the real 
8property, or on the public way, such as when after-school 
9activities are occurring, is guilty of a Class 3 felony, the 
10fine for which shall
not exceed $50,000;

11 (d) Any person who violates subsection (b) of Section 5 in 
12any school,
on the real property comprising any school, or any 
13conveyance owned, leased
or contracted by a school to transport 
14students to or from school or a
school related activity, or on 
15any public way within 500 1,000 feet of the real
property 
16comprising any school, or in any conveyance owned, leased or

17contracted by a school to transport students to or from school 
18or a school
related activity, and at the time of the violation 
19persons under the age of 18 are present, the offense is 
20committed during school hours, or the offense is committed at 
21times when persons under the age of 18 are reasonably expected 
22to be present in the school, in the conveyance, on the real 
23property, or on the public way, such as when after-school 
24activities are occurring, is guilty of a Class 4 felony, the 
25fine for which shall
not exceed $25,000;

26 (e) Any person who violates subsection (a) of Section 5 in 
 
 
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1any school,
on the real property comprising any school, or in 
2any conveyance owned, leased
or contracted by a school to 
3transport students to or from school or a
school related 
4activity, on any public way within 500 1,000 feet of the real

5property comprising any school, or any conveyance owned, leased 
6or
contracted by a school to transport students to or from 
7school or a school
related activity, and at the time of the 
8violation persons under the age of 18 are present, the offense 
9is committed during school hours, or the offense is committed 
10at times when persons under the age of 18 are reasonably 
11expected to be present in the school, in the conveyance, on the 
12real property, or on the public way, such as when after-school 
13activities are occurring, is guilty of a Class A misdemeanor.

14(Source: P.A. 87-544.)





15 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)



16 Sec. 10. (a)
Whenever any person who has not previously 
17been convicted of, or placed
on probation or court supervision 
18for, any felony offense under this Act or any
law of the United 
19States or of any State relating to cannabis, or controlled

20substances as defined in the Illinois Controlled Substances 
21Act, pleads
guilty to or is found guilty of violating Sections 
224(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court 
23may, without entering a
judgment and with the consent of such 
24person, sentence him to probation.

25 (b) When a person is placed on probation, the court shall 
 
 
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1enter an order
specifying a period of probation of 24 months, 
2and shall defer further
proceedings in
the case until the 
3conclusion of the period or until the filing of a petition

4alleging violation of a term or condition of probation.

5 (c) The conditions of probation shall be that the person: 
6(1) not violate
any criminal statute of any jurisdiction; (2) 
7refrain from possession of a
firearm
or other dangerous weapon; 
8(3) submit to periodic drug testing at a time and in
a manner 
9as ordered by the court, but no less than 3 times during the 
10period of
the probation, with the cost of the testing to be 
11paid by the probationer; and
(4) perform no less than 30 hours 
12of community service, provided community
service is available 
13in the jurisdiction and is funded and approved by the
county 
14board.

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

16that the person:

17  (1) make a report to and appear in person before or 
18 participate with the
court or such courts, person, or 
19 social service agency as directed by the
court in the order 
20 of probation;

21  (2) pay a fine and costs;

22  (3) work or pursue a course of study or vocational 
23 training;

24  (4) undergo medical or psychiatric treatment; or 
25 treatment for drug
addiction or alcoholism;

26  (5) attend or reside in a facility established for the 
 
 
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1 instruction or
residence of defendants on probation;

2  (6) support his dependents;

3  (7) refrain from possessing a firearm or other 
4 dangerous weapon;

5  (7-5) refrain from having in his or her body the 
6 presence of any illicit
drug prohibited by the Cannabis 
7 Control Act, the Illinois Controlled
Substances Act, or the 
8 Methamphetamine Control and Community Protection Act, 
9 unless prescribed by a physician, and submit samples of
his 
10 or her blood or urine or both for tests to determine the 
11 presence of any
illicit drug;

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

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

14   (ii) attend school;

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

16   (iv) contribute to his own support at home or in a 
17 foster home.

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

19court
may enter a judgment on its original finding of guilt and 
20proceed as otherwise
provided.

21 (f) Upon fulfillment of the terms and
conditions of 
22probation, the court shall discharge such person and dismiss

23the proceedings against him.

24 (g) A disposition of probation is considered to be a 
25conviction
for the purposes of imposing the conditions of 
26probation and for appeal,
however, discharge and dismissal 
 
 
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1under this Section is not a conviction for
purposes of 
2disqualification or disabilities imposed by law upon 
3conviction of
a crime (including the additional penalty imposed 
4for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) 
5of this Act).

6 (h) A person may not have more than one discharge Discharge 
7and dismissal under this Section within a 4-year period ,

8Section 410 of the Illinois Controlled Substances Act, Section 
970 of the Methamphetamine Control and Community Protection Act, 
10Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, 
11or subsection (c) of Section 11-14 of the Criminal Code of 1961 
12or the Criminal Code of 2012 may occur only once
with respect 
13to any person.

14 (i) If a person is convicted of an offense under this Act, 
15the Illinois
Controlled Substances Act, or the Methamphetamine 
16Control and Community Protection Act within 5 years
subsequent 
17to a discharge and dismissal under this Section, the discharge 
18and
dismissal under this Section shall be admissible in the 
19sentencing proceeding
for that conviction
as a factor in 
20aggravation.

21 (j) Notwithstanding subsection (a), before a person is 
22sentenced to probation under this Section, the court may refer 
23the person to the drug court established in that judicial 
24circuit pursuant to Section 15 of the Drug Court Treatment Act. 
25The drug court team shall evaluate the person's likelihood of 
26successfully completing a sentence of probation under this 
 
 
10000SB1722sam004- 21 -LRB100 11347 RLC 24987 a


1Section and shall report the results of its evaluation to the 
2court. If the drug court team finds that the person suffers 
3from a substance abuse problem that makes him or her 
4substantially unlikely to successfully complete a sentence of 
5probation under this Section, then the drug court shall set 
6forth its findings in the form of a written order, and the 
7person shall not be sentenced to probation under this Section, 
8but shall may be considered for the drug court program.
9(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)


10 Section 25. The Illinois Controlled Substances Act is 
11amended by changing Sections 407 and 410 as follows:




12 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)


13 Sec. 407. (a) (1)(A) Any person 18 years of age or over who 
14violates any
subsection of Section 401 or subsection (b) of 
15Section 404 by delivering a
controlled, counterfeit or 
16look-alike substance to a person under 18 years
of age may be 
17sentenced to imprisonment for a term up to twice the maximum

18term and fined an amount up to twice that amount otherwise 
19authorized by
the pertinent subsection of Section 401 and 
20Subsection (b) of Section 404.

21 (B) (Blank).

22 (2) Except as provided in paragraph (3) of this subsection, 
23any person
who violates:


24  (A) subsection (c) of Section 401 by delivering or 
 
 
10000SB1722sam004- 22 -LRB100 11347 RLC 24987 a


1 possessing with
intent to deliver a controlled, 
2 counterfeit, or look-alike substance in or
on, or within 
3 500 1,000 feet of, a truck stop or safety rest area, is 
4 guilty of
a Class 1 felony, the fine for which shall not 
5 exceed $250,000;


6  (B) subsection (d) of Section 401 by delivering or 
7 possessing with
intent to deliver a controlled, 
8 counterfeit, or look-alike substance in or
on, or within 
9 500 1,000 feet of, a truck stop or safety rest area, is 
10 guilty of
a Class 2 felony, the fine for which shall not 
11 exceed $200,000;


12  (C) subsection (e) of Section 401 or subsection (b) of 
13 Section 404
by delivering or possessing with intent to 
14 deliver a controlled,
counterfeit, or look-alike substance 
15 in or on, or within 500 1,000 feet of, a
truck stop or 
16 safety rest area, is guilty of a Class 3 felony, the fine 
17 for
which shall not exceed $150,000;


18  (D) subsection (f) of Section 401 by delivering or 
19 possessing with
intent to deliver a controlled, 
20 counterfeit, or look-alike substance in or
on, or within 
21 500 1,000 feet of, a truck stop or safety rest area, is 
22 guilty of
a Class 3 felony, the fine for which shall not 
23 exceed $125,000;


24  (E) subsection (g) of Section 401 by delivering or 
25 possessing with
intent to deliver a controlled, 
26 counterfeit, or look-alike substance in or
on, or within 
 
 
10000SB1722sam004- 23 -LRB100 11347 RLC 24987 a


1 500 1,000 feet of, a truck stop or safety rest area, is 
2 guilty of
a Class 3 felony, the fine for which shall not 
3 exceed $100,000;


4  (F) subsection (h) of Section 401 by delivering or 
5 possessing with
intent to deliver a controlled, 
6 counterfeit, or look-alike substance in or
on, or within 
7 500 1,000 feet of, a truck stop or safety rest area, is 
8 guilty of
a Class 3 felony, the fine for which shall not 
9 exceed $75,000;

10 (3) Any person who violates paragraph (2) of this 
11subsection (a) by
delivering or possessing with intent to 
12deliver a controlled, counterfeit,
or look-alike substance in 
13or on, or within 500 1,000 feet of a truck stop or a
safety rest 
14area, following a prior conviction or convictions of paragraph

15(2) of this subsection (a) may be sentenced to a term of 
16imprisonment up to
2 times the maximum term and fined an amount 
17up to 2 times the amount
otherwise authorized by Section 401.

18 (4) For the purposes of this subsection (a):


19  (A) "Safety rest area" means a roadside facility 
20 removed from the
roadway with parking and facilities 
21 designed for motorists' rest, comfort,
and information 
22 needs; and


23  (B) "Truck stop" means any facility (and its parking 
24 areas) used to
provide fuel or service, or both, to any 
25 commercial motor vehicle as
defined in Section 18b-101 of 
26 the Illinois Vehicle Code.

 
 
10000SB1722sam004- 24 -LRB100 11347 RLC 24987 a


1 (b) Any person who violates:


2  (1) subsection (c) of Section 401 in any school, on or 
3 within 500 feet of the real property comprising any school, 
4 or in any conveyance
owned, leased or contracted by a 
5 school to transport students to or from
school or a school 
6 related activity, and at the time of the violation persons 
7 under the age of 18 are present, the offense is committed 
8 during school hours, or the offense is committed at times 
9 when persons under the age of 18 are reasonably expected to 
10 be present in the school, in the conveyance, or on the real 
11 property, such as when after-school activities are 
12 occurring or residential property owned, operated or

13 managed by a public housing agency or leased by a public 
14 housing agency as part
of a scattered site or mixed-income 
15 development, or in any public park or , on or within 500 
16 feet of the real
property comprising any school or 
17 residential property owned, operated or
managed by a public 
18 housing agency or leased by a public housing agency as part

19 of a scattered site or mixed-income development, or public 
20 park or
within 1,000 feet of the real property comprising 
21 any school or
residential property owned, operated or 
22 managed by a public housing
agency
or leased by a public 
23 housing agency as part of a scattered site or
mixed-income 
24 development, or public park, on the real property 
25 comprising any
church, synagogue, or
other building, 
26 structure, or place used primarily for religious worship, 
 
 
10000SB1722sam004- 25 -LRB100 11347 RLC 24987 a


1 or
within 500 1,000 feet of the real property comprising 
2 any church, synagogue, or
other building, structure, or 
3 place used primarily for religious worship, on
the real 
4 property comprising any of the following places, 
5 buildings, or
structures used primarily for housing or 
6 providing space for activities for
senior citizens: 
7 nursing homes, assisted-living centers, senior citizen 
8 housing
complexes, or senior centers oriented toward 
9 daytime activities, or within 500
1,000 feet of the real 
10 property comprising any of the following places,

11 buildings, or structures used primarily for housing or 
12 providing space for
activities for senior citizens: 
13 nursing homes, assisted-living centers, senior
citizen 
14 housing complexes, or senior centers oriented toward 
15 daytime activities and at the time of the violation persons 
16 are present or reasonably expected to be present in the 
17 church, synagogue, or other
building,
structure, or place 
18 used primarily for religious worship during worship 
19 services, or in buildings or structures used primarily for 
20 housing or providing space
for activities for senior 
21 citizens: nursing homes, assisted-living centers,
senior 
22 citizen housing complexes, or senior centers oriented 
23 toward daytime
activities during the hours those places, 
24 buildings, or structures are open for those activities, or

25 on the real property
is guilty of a Class X felony, the 
26 fine for which shall not
exceed $500,000;


 
 
10000SB1722sam004- 26 -LRB100 11347 RLC 24987 a


1  (2) subsection (d) of Section 401 in any school, on or 
2 within 500 feet of the real property comprising any school, 
3 or in any conveyance
owned, leased or contracted by a 
4 school to transport students to or from
school or a school 
5 related activity, and at the time of the violation persons 
6 under the age of 18 are present, the offense is committed 
7 during school hours, or the offense is committed at times 
8 when persons under the age of 18 are reasonably expected to 
9 be present in the school, in the conveyance, or on the real 
10 property, such as when after-school activities are 
11 occurring 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 in any public park or ,
on or within 500 
15 feet of the real property comprising any school or 
16 residential property owned,
operated or managed by a public 
17 housing agency or leased by a public housing
agency as part 
18 of a scattered site or mixed-income development, or public 
19 park
or within 1,000 feet of the real property comprising 
20 any school or residential
property owned, operated or 
21 managed by a public housing agency or leased by a
public 
22 housing agency as part of a scattered site or mixed-income 
23 development,
or public park, on the real property 
24 comprising any church, synagogue, or other
building, 
25 structure, or place used primarily for religious worship, 
26 or
within 500 1,000 feet of the real property comprising 
 
 
10000SB1722sam004- 27 -LRB100 11347 RLC 24987 a


1 any church,
synagogue, or other building, structure, or 
2 place used primarily for religious
worship, on 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, or within 500
1,000 feet of the real 
9 property comprising any of the following
places, 
10 buildings, or structures used primarily for housing or 
11 providing space
for activities for senior citizens: 
12 nursing homes, assisted-living centers,
senior citizen 
13 housing complexes, or senior centers oriented toward 
14 daytime
activities and at the time of the violation persons 
15 are present or reasonably expected to be present in the 
16 church, synagogue, or other
building,
structure, or place 
17 used primarily for religious worship during worship 
18 services, or in buildings or structures used primarily for 
19 housing or providing space
for activities for senior 
20 citizens: nursing homes, assisted-living centers,
senior 
21 citizen housing complexes, or senior centers oriented 
22 toward daytime
activities during the hours those places, 
23 buildings, or structures are open for those activities, or

24 on the real property is guilty of a Class 1 felony, the 
25 fine for which shall not exceed
$250,000;


26  (3) subsection (e) of Section 401 or Subsection (b) of 
 
 
10000SB1722sam004- 28 -LRB100 11347 RLC 24987 a


1 Section 404 in
any school, on or within 500 feet of the 
2 real property comprising any school, or in any conveyance 
3 owned, leased or contracted by a school to
transport 
4 students to or from school or a school related activity, 
5 and at the time of the violation persons under the age of 
6 18 are present, the offense is committed during school 
7 hours, or the offense is committed at times when persons 
8 under the age of 18 are reasonably expected to be present 
9 in the school, in the conveyance, or on the real property, 
10 such as when after-school activities are occurring or

11 residential property owned, operated or managed by a public 
12 housing agency or
leased by a public housing agency as part 
13 of a scattered site or mixed-income
development, or in any 
14 public park or , on or within 500 feet of the real property 
15 comprising any school or
residential property owned, 
16 operated or managed by a public housing agency or
leased by 
17 a public housing agency as part of a scattered site or 
18 mixed-income
development, or public park or within 1,000 
19 feet of the real property
comprising
any school or 
20 residential property owned, operated or managed by a
public 
21 housing agency or leased by a public housing agency as part 
22 of a
scattered site or mixed-income development, or public 
23 park, on the real
property comprising any church, 
24 synagogue, or other building, structure, or
place used 
25 primarily for religious worship, or within 500 1,000 feet 
26 of the real
property comprising any church, synagogue, or 
 
 
10000SB1722sam004- 29 -LRB100 11347 RLC 24987 a


1 other building, structure, or
place used primarily for 
2 religious worship, on the real property comprising any
of 
3 the following places, buildings, or structures used 
4 primarily for housing or
providing space for activities for

5 senior citizens: nursing homes, assisted-living centers, 
6 senior citizen housing
complexes, or senior centers 
7 oriented toward daytime activities, or within 500
1,000 
8 feet of the real property comprising any of the following

9 places, 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 and at the time of the violation 
14 persons are present or reasonably expected to be present in 
15 the church, synagogue, or other
building,
structure, or 
16 place used primarily for religious worship during worship 
17 services, or in buildings or structures used primarily for 
18 housing or providing space
for activities for senior 
19 citizens: nursing homes, assisted-living centers,
senior 
20 citizen housing complexes, or senior centers oriented 
21 toward daytime
activities during the hours those places, 
22 buildings, or structures are open for those activities, or

23 on the real property is guilty of a Class 2 felony, the 
24 fine for
which shall not exceed $200,000;


25  (4) subsection (f) of Section 401 in any school, on or 
26 within 500 feet of the real property comprising any school, 
 
 
10000SB1722sam004- 30 -LRB100 11347 RLC 24987 a


1 or in any conveyance
owned, leased or contracted by a 
2 school to transport students to or from
school or a school 
3 related activity, and at the time of the violation persons 
4 under the age of 18 are present, the offense is committed 
5 during school hours, or the offense is committed at times 
6 when persons under the age of 18 are reasonably expected to 
7 be present in the school, in the conveyance, or on the real 
8 property, such as when after-school activities are 
9 occurring 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 in any public park or , on or within 500 
13 feet of the real
property comprising any school or 
14 residential property owned, operated or
managed by a public 
15 housing agency
or leased by a public housing agency as part 
16 of a scattered site or
mixed-income development,
or public 
17 park or
within 1,000 feet of the real property comprising 
18 any school or residential
property owned, operated or 
19 managed by a public housing agency
or leased by a public 
20 housing agency as part of a scattered site or
mixed-income 
21 development,
or public
park, on the real property 
22 comprising any church, synagogue, or other
building,

23 structure, or place used primarily for religious worship, 
24 or
within 500 1,000 feet of the real property comprising 
25 any church,
synagogue, or other building, structure, or 
26 place used primarily for religious
worship, on the real 
 
 
10000SB1722sam004- 31 -LRB100 11347 RLC 24987 a


1 property comprising any of the following places,

2 buildings, or
structures used primarily for housing or 
3 providing space for activities for
senior citizens: 
4 nursing homes, assisted-living centers, senior citizen 
5 housing
complexes, or senior centers oriented toward 
6 daytime activities, or within 500
1,000 feet of the real 
7 property comprising any of the following
places, 
8 buildings, or structures used primarily for housing or 
9 providing space
for activities for senior citizens: 
10 nursing homes, assisted-living centers,
senior citizen 
11 housing complexes, or senior centers oriented toward 
12 daytime
activities
and at the time of the violation persons 
13 are present or reasonably expected to be present in the 
14 church, synagogue, or other
building,
structure, or place 
15 used primarily for religious worship during worship 
16 services, or in buildings or structures used primarily for 
17 housing or providing space
for activities for senior 
18 citizens: nursing homes, assisted-living centers,
senior 
19 citizen housing complexes, or senior centers oriented 
20 toward daytime
activities during the hours those places, 
21 buildings, or structures are open for those activities, or

22 on the real property is guilty of a Class 2 felony, the 
23 fine for which shall not exceed
$150,000;


24  (5) subsection (g) of Section 401 in any school, on or 
25 within 500 feet of the real property comprising any school, 
26 or in any conveyance
owned, leased or contracted by a 
 
 
10000SB1722sam004- 32 -LRB100 11347 RLC 24987 a


1 school to transport students to or from
school or a school 
2 related activity, and at the time of the violation persons 
3 under the age of 18 are present, the offense is committed 
4 during school hours, or the offense is committed at times 
5 when persons under the age of 18 are reasonably expected to 
6 be present in the school, in the conveyance, or on the real 
7 property, such as when after-school activities are 
8 occurring or residential property owned,
operated or 
9 managed by a public housing agency
or leased by a public 
10 housing agency as part of a scattered site or
mixed-income 
11 development,
or in any public park or , on or within 500 
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 or
within 1,000 feet of the real property comprising 
17 any school or residential
property owned, operated or 
18 managed by a public housing agency
or leased by a public 
19 housing agency as part of a scattered site or
mixed-income 
20 development,
or public
park, on the real property 
21 comprising any church, synagogue, or other
building,

22 structure, or place used primarily for religious worship, 
23 or
within 500 1,000 feet of the real property comprising 
24 any church,
synagogue, or other building, structure, or 
25 place used primarily for religious
worship, on the real 
26 property comprising any of the following places,

 
 
10000SB1722sam004- 33 -LRB100 11347 RLC 24987 a


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, or within 500
1,000 feet of the real 
6 property comprising any of the following
places, 
7 buildings, or structures used primarily for housing or 
8 providing space
for activities for senior citizens: 
9 nursing homes, assisted-living centers,
senior citizen 
10 housing complexes, or senior centers oriented toward 
11 daytime
activities
and at the time of the violation persons 
12 are present or reasonably expected to be present in the 
13 church, synagogue, or other
building,
structure, or place 
14 used primarily for religious worship during worship 
15 services, or in buildings or structures used primarily for 
16 housing or providing space
for activities for senior 
17 citizens: nursing homes, assisted-living centers,
senior 
18 citizen housing complexes, or senior centers oriented 
19 toward daytime
activities during the hours those places, 
20 buildings, or structures are open for those activities, or

21 on the real property is guilty of a Class 2 felony, the 
22 fine for which shall not exceed $125,000;


23  (6) subsection (h) of Section 401 in any school, on or 
24 within 500 feet of the real property comprising any school, 
25 or in any conveyance
owned, leased or contracted by a 
26 school to transport students to or from
school or a school 
 
 
10000SB1722sam004- 34 -LRB100 11347 RLC 24987 a


1 related activity, and at the time of the violation persons 
2 under the age of 18 are present, the offense is committed 
3 during school hours, or the offense is committed at times 
4 when persons under the age of 18 are reasonably expected to 
5 be present in the school, in the conveyance, or on the real 
6 property, such as when after-school activities are 
7 occurring or residential property owned,
operated or 
8 managed by a public housing agency
or leased by a public 
9 housing agency as part of a scattered site or
mixed-income 
10 development,
or in any public park or , on or within 500 
11 feet of the real
property comprising any school or 
12 residential property owned, operated or
managed by a public 
13 housing agency
or leased by a public housing agency as part 
14 of a scattered site or
mixed-income development,
or public 
15 park or within 1,000 feet of the real property comprising 
16 any school
or residential
property owned, operated or 
17 managed by a public housing agency
or leased by a public 
18 housing agency as part of a scattered site or
mixed-income 
19 development,
or public
park, on the real property 
20 comprising any church, synagogue, or other
building,

21 structure, or place used primarily for religious worship, 
22 or
within 500 1,000 feet of the real property comprising 
23 any church,
synagogue, or other building, structure, or 
24 place used primarily for religious
worship, on the real 
25 property comprising any of the following places,

26 buildings, or
structures used primarily for housing or 
 
 
10000SB1722sam004- 35 -LRB100 11347 RLC 24987 a


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, or within 500
1,000 feet of the real 
5 property comprising any of the following
places, 
6 buildings, or structures used primarily for housing or 
7 providing space
for activities for senior citizens: 
8 nursing homes, assisted-living centers,
senior citizen 
9 housing complexes, or senior centers oriented toward 
10 daytime
activities
and at the time of the violation persons 
11 are present or reasonably expected to be present in the 
12 church, synagogue, or other
building,
structure, or place 
13 used primarily for religious worship during worship 
14 services, or in buildings or structures used primarily for 
15 housing or providing space
for activities for senior 
16 citizens: nursing homes, assisted-living centers,
senior 
17 citizen housing complexes, or senior centers oriented 
18 toward daytime
activities during the hours those places, 
19 buildings, or structures are open for those activities, or

20 on the real property is guilty of a Class 2 felony, the 
21 fine for which shall not exceed
$100,000.

22 (c) Regarding penalties prescribed in subsection
(b) for 
23violations committed in a school or on or within 500
1,000 feet 
24of school property, the time of day and , time of year and 
25whether
classes were currently in session at the time of the 
26offense is irrelevant.

 
 
10000SB1722sam004- 36 -LRB100 11347 RLC 24987 a


1(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)





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


3 Sec. 410. (a) Whenever any person who has not previously 
4been convicted
of, or placed on probation or court supervision 
5for any felony offense under this
Act or any law of the United 
6States or of any State relating to cannabis
or controlled 
7substances, pleads guilty to or is found guilty of possession

8of a controlled or counterfeit substance under subsection (c) 
9of Section
402 or of unauthorized possession of prescription 
10form under Section 406.2, the court, without entering a 
11judgment and with the consent of such
person, may sentence him 
12or her to probation.

13 (b) When a person is placed on probation, the court shall 
14enter an order
specifying a period of probation of 24 months 
15and shall defer further
proceedings in the case until the 
16conclusion of the period or until the
filing of a petition 
17alleging violation of a term or condition of probation.

18 (c) The conditions of probation shall be that the person: 
19(1) not
violate any criminal statute of any jurisdiction; (2) 
20refrain from
possessing a firearm or other dangerous weapon; 
21(3) submit to periodic drug
testing at a time and in a manner 
22as ordered by the court, but no less than 3
times during the 
23period of the probation, with the cost of the testing to be

24paid by the probationer; and (4) perform no less than 30 hours 
25of community
service, provided community service is available 
 
 
10000SB1722sam004- 37 -LRB100 11347 RLC 24987 a


1in the jurisdiction and is
funded
and approved by the county 
2board.

3 (d) The court may, in addition to other conditions, require 
4that the person:

5  (1) make a report to and appear in person before or 
6 participate with the
court or such courts, person, or 
7 social service agency as directed by the
court in the order 
8 of probation;

9  (2) pay a fine and costs;

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

11 training;

12  (4) undergo medical or psychiatric treatment; or 
13 treatment or
rehabilitation approved by the Illinois 
14 Department of Human Services;

15  (5) attend or reside in a facility established for the 
16 instruction or
residence of defendants on probation;

17  (6) support his or her dependents;

18  (6-5) refrain from having in his or her body the 
19 presence of any illicit
drug prohibited by the Cannabis 
20 Control Act, the Illinois Controlled
Substances Act, or the 
21 Methamphetamine Control and Community Protection Act, 
22 unless prescribed by a physician, and submit samples of
his 
23 or her blood or urine or both for tests to determine the 
24 presence of any
illicit drug;

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

26   (i) reside with his or her parents or in a foster 
 
 
10000SB1722sam004- 38 -LRB100 11347 RLC 24987 a


1 home;

2   (ii) attend school;

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

4   (iv) contribute to his or her own support at home 
5 or in a foster home.

6 (e) Upon violation of a term or condition of probation, the 
7court
may enter a judgment on its original finding of guilt and 
8proceed as
otherwise provided.

9 (f) Upon fulfillment of the terms and conditions of 
10probation, the court
shall discharge the person and dismiss the 
11proceedings against him or her.

12 (g) A disposition of probation is considered to be a 
13conviction
for the purposes of imposing the conditions of 
14probation and for appeal,
however, discharge and dismissal 
15under this Section is not a conviction for
purposes of this Act 
16or for purposes of disqualifications or disabilities
imposed by 
17law upon conviction of a crime.

18 (h) A person may not have more than There may be only one 
19discharge and dismissal under this Section within a 4-year 
20period ,
Section 10 of the Cannabis Control Act, Section 70 of 
21the Methamphetamine Control and Community Protection Act, 
22Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, 
23or subsection (c) of Section 11-14 of the Criminal Code of 1961 
24or the Criminal Code of 2012 with respect to any person.

25 (i) If a person is convicted of an offense under this Act, 
26the Cannabis
Control Act, or the Methamphetamine Control and 
 
 
10000SB1722sam004- 39 -LRB100 11347 RLC 24987 a


1Community Protection Act within 5 years
subsequent to a 
2discharge and dismissal under this Section, the discharge and

3dismissal under this Section shall be admissible in the 
4sentencing proceeding
for that conviction
as evidence in 
5aggravation.

6 (j) Notwithstanding subsection (a), before a person is 
7sentenced to probation under this Section, the court may refer 
8the person to the drug court established in that judicial 
9circuit pursuant to Section 15 of the Drug Court Treatment Act. 
10The drug court team shall evaluate the person's likelihood of 
11successfully completing a sentence of probation under this 
12Section and shall report the results of its evaluation to the 
13court. If the drug court team finds that the person suffers 
14from a substance abuse problem that makes him or her 
15substantially unlikely to successfully complete a sentence of 
16probation under this Section, then the drug court shall set 
17forth its findings in the form of a written order, and the 
18person shall not be sentenced to probation under this Section, 
19but shall may be considered for the drug court program.
20(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)


21 Section 30. The Methamphetamine Control and Community 
22Protection Act is amended by changing Sections 15, 55, and 70 
23as follows:

24 (720 ILCS 646/15)
 
 
10000SB1722sam004- 40 -LRB100 11347 RLC 24987 a


1 Sec. 15. Participation in methamphetamine manufacturing. 
2 (a) Participation in methamphetamine manufacturing.

3  (1) It is unlawful to knowingly participate in the 
4 manufacture of methamphetamine with the intent that 
5 methamphetamine or a substance containing methamphetamine 
6 be produced.

7  (2) A person who violates paragraph (1) of this 
8 subsection (a) is subject to the following penalties:

9   (A) A person who participates in the manufacture of 
10 less than 15 grams of methamphetamine or a substance 
11 containing methamphetamine is guilty of a Class 1 
12 felony.

13   (B) A person who participates in the manufacture of 
14 15 or more grams but less than 100 grams of 
15 methamphetamine or a substance containing 
16 methamphetamine is guilty of a Class X felony, subject 
17 to a term of imprisonment of not less than 6 years and 
18 not more than 30 years, and subject to a fine not to 
19 exceed $100,000 or the street value of the 
20 methamphetamine manufactured, whichever is greater.

21   (C) A person who participates in the manufacture of 
22 100 or more grams but less than 400 grams of 
23 methamphetamine or a substance containing 
24 methamphetamine is guilty of a Class X felony, subject 
25 to a term of imprisonment of not less than 9 years and 
26 not more than 40 years, and subject to a fine not to 
 
 
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1 exceed $200,000 or the street value of the 
2 methamphetamine manufactured, whichever is greater.

3   (D) A person who participates in the manufacture of 
4 400 or more grams but less than 900 grams of 
5 methamphetamine or a substance containing 
6 methamphetamine is guilty of a Class X felony, subject 
7 to a term of imprisonment of not less than 12 years and 
8 not more than 50 years, and subject to a fine not to 
9 exceed $300,000 or the street value of the 
10 methamphetamine manufactured, whichever is greater.

11   (E) A person who participates in the manufacture of 
12 900 grams or more of methamphetamine or a substance 
13 containing methamphetamine is guilty of a Class X 
14 felony, subject to a term of imprisonment of not less 
15 than 15 years and not more than 60 years, and subject 
16 to a fine not to exceed $400,000 or the street value of 
17 the methamphetamine, whichever is greater.

18 (b) Aggravated participation in methamphetamine 
19manufacturing.

20  (1) It is unlawful to engage in aggravated 
21 participation in the manufacture of methamphetamine. A 
22 person engages in aggravated participation in the 
23 manufacture of methamphetamine when the person violates 
24 paragraph (1) of subsection (a) and:

25   (A) the person knowingly does so in a multi-unit 
26 dwelling;

 
 
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1   (B) the person knowingly does so in a structure or 
2 vehicle where a child under the age of 18, a person 
3 with a disability, or a person 60 years of age or older 
4 who is incapable of adequately providing for his or her 
5 own health and personal care resides, is present, or is 
6 endangered by the manufacture of methamphetamine;

7   (C) the person does so in a structure or vehicle 
8 where a woman the person knows to be pregnant 
9 (including but not limited to the person herself) 
10 resides, is present, or is endangered by the 
11 methamphetamine manufacture;

12   (D) the person knowingly does so in a structure or 
13 vehicle protected by one or more firearms, explosive 
14 devices, booby traps, alarm systems, surveillance 
15 systems, guard dogs, or dangerous animals;

16   (E) the methamphetamine manufacturing in which the 
17 person participates is a contributing cause of the 
18 death, serious bodily injury, disability, or 
19 disfigurement of another person, including but not 
20 limited to an emergency service provider;

21   (F) the methamphetamine manufacturing in which the 
22 person participates is a contributing cause of a fire 
23 or explosion that damages property belonging to 
24 another person;

25   (G) the person knowingly organizes, directs, or 
26 finances the methamphetamine manufacturing or 
 
 
10000SB1722sam004- 43 -LRB100 11347 RLC 24987 a


1 activities carried out in support of the 
2 methamphetamine manufacturing; or

3   (H) the methamphetamine manufacturing occurs 
4 within 500 1,000 feet of a place of worship or 
5 parsonage, or within 500 1,000 feet of the real 
6 property comprising any school at a time when children, 
7 clergy, patrons, staff, or other persons are present or 
8 any activity sanctioned by the place of worship or 
9 parsonage or school is taking place.

10  (2) A person who violates paragraph (1) of this 
11 subsection (b) is subject to the following penalties:

12   (A) A person who participates in the manufacture of 
13 less than 15 grams of methamphetamine or a substance 
14 containing methamphetamine is guilty of a Class X 
15 felony, subject to a term of imprisonment of not less 
16 than 6 years and not more than 30 years, and subject to 
17 a fine not to exceed $100,000 or the street value of 
18 the methamphetamine, whichever is greater.

19   (B) A person who participates in the manufacture of 
20 15 or more grams but less than 100 grams of 
21 methamphetamine or a substance containing 
22 methamphetamine is guilty of a Class X felony, subject 
23 to a term of imprisonment of not less than 9 years and 
24 not more than 40 years, and subject to a fine not to 
25 exceed $200,000 or the street value of the 
26 methamphetamine, whichever is greater.

 
 
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1   (C) A person who participates in the manufacture of 
2 100 or more grams but less than 400 grams of 
3 methamphetamine or a substance containing 
4 methamphetamine is guilty of a Class X felony, subject 
5 to a term of imprisonment of not less than 12 years and 
6 not more than 50 years, and subject to a fine not to 
7 exceed $300,000 or the street value of the 
8 methamphetamine, whichever is greater.

9   (D) A person who participates in the manufacture of 
10 400 grams or more of methamphetamine or a substance 
11 containing methamphetamine is guilty of a Class X 
12 felony, subject to a term of imprisonment of not less 
13 than 15 years and not more than 60 years, and subject 
14 to a fine not to exceed $400,000 or the street value of 
15 the methamphetamine, whichever is greater.


16(Source: P.A. 98-980, eff. 1-1-15.)

17 (720 ILCS 646/55)

18 Sec. 55. Methamphetamine delivery. 
19 (a) Delivery or possession with intent to deliver 
20methamphetamine or a substance containing methamphetamine.

21  (1) It is unlawful knowingly to engage in the delivery 
22 or possession with intent to deliver methamphetamine or a 
23 substance containing methamphetamine.

24  (2) A person who violates paragraph (1) of this 
25 subsection (a) is subject to the following penalties:

 
 
10000SB1722sam004- 45 -LRB100 11347 RLC 24987 a


1   (A) A person who delivers or possesses with intent 
2 to deliver less than 5 grams of methamphetamine or a 
3 substance containing methamphetamine is guilty of a 
4 Class 2 felony.

5   (B) A person who delivers or possesses with intent 
6 to deliver 5 or more grams but less than 15 grams of 
7 methamphetamine or a substance containing 
8 methamphetamine is guilty of a Class 1 felony.

9   (C) A person who delivers or possesses with intent 
10 to deliver 15 or more grams but less than 100 grams of 
11 methamphetamine or a substance containing 
12 methamphetamine is guilty of a Class X felony, subject 
13 to a term of imprisonment of not less than 6 years and 
14 not more than 30 years, and subject to a fine not to 
15 exceed $100,000 or the street value of the 
16 methamphetamine, whichever is greater.

17   (D) A person who delivers or possesses with intent 
18 to deliver 100 or more grams but less than 400 grams of 
19 methamphetamine or a substance containing 
20 methamphetamine is guilty of a Class X felony, subject 
21 to a term of imprisonment of not less than 9 years and 
22 not more than 40 years, and subject to a fine not to 
23 exceed $200,000 or the street value of the 
24 methamphetamine, whichever is greater.

25   (E) A person who delivers or possesses with intent 
26 to deliver 400 or more grams but less than 900 grams of 
 
 
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1 methamphetamine or a substance containing 
2 methamphetamine is guilty of a Class X felony, subject 
3 to a term of imprisonment of not less than 12 years and 
4 not more than 50 years, and subject to a fine not to 
5 exceed $300,000 or the street value of the 
6 methamphetamine, whichever is greater.

7   (F) A person who delivers or possesses with intent 
8 to deliver 900 or more grams of methamphetamine or a 
9 substance containing methamphetamine is guilty of a 
10 Class X felony, subject to a term of imprisonment of 
11 not less than 15 years and not more than 60 years, and 
12 subject to a fine not to exceed $400,000 or the street 
13 value of the methamphetamine, whichever is greater.

14 (b) Aggravated delivery or possession with intent to 
15deliver methamphetamine or a substance containing 
16methamphetamine.

17  (1) It is unlawful to engage in the aggravated delivery 
18 or possession with intent to deliver methamphetamine or a 
19 substance containing methamphetamine. A person engages in 
20 the aggravated delivery or possession with intent to 
21 deliver methamphetamine or a substance containing 
22 methamphetamine when the person violates paragraph (1) of 
23 subsection (a) of this Section and:

24   (A) the person is at least 18 years of age and 
25 knowingly delivers or possesses with intent to deliver 
26 the methamphetamine or substance containing 
 
 
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1 methamphetamine to a person under 18 years of age;

2   (B) the person is at least 18 years of age and 
3 knowingly uses, engages, employs, or causes another 
4 person to use, engage, or employ a person under 18 
5 years of age to deliver the methamphetamine or 
6 substance containing methamphetamine;

7   (C) the person knowingly delivers or possesses 
8 with intent to deliver the methamphetamine or 
9 substance containing methamphetamine in any structure 
10 or vehicle protected by one or more firearms, explosive 
11 devices, booby traps, alarm systems, surveillance 
12 systems, guard dogs, or dangerous animals;

13   (D) the person knowingly delivers or possesses 
14 with intent to deliver the methamphetamine or 
15 substance containing methamphetamine in any school, on 
16 any real property comprising any school, or in any 
17 conveyance owned, leased, or contracted by a school to 
18 transport students to or from school or a 
19 school-related activity and at the time of the 
20 violation persons under the age of 18 are present, the 
21 offense is committed during school hours, or the 
22 offense is committed at times when persons under the 
23 age of 18 are reasonably expected to be present in the 
24 school, in the conveyance, or on the real property, 
25 such as when after-school activities are occurring;

26   (E) the person delivers or causes another person to 
 
 
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1 deliver the methamphetamine or substance containing 
2 methamphetamine to a woman that the person knows to be 
3 pregnant;
or
4   (F) (blank).
5  (2) A person who violates paragraph (1) of this 
6 subsection (b) is subject to the following penalties:

7   (A) A person who delivers or possesses with intent 
8 to deliver less than 5 grams of methamphetamine or a 
9 substance containing methamphetamine is guilty of a 
10 Class 1 felony.

11   (B) A person who delivers or possesses with intent 
12 to deliver 5 or more grams but less than 15 grams of 
13 methamphetamine or a substance containing 
14 methamphetamine is guilty of a Class X felony, subject 
15 to a term of imprisonment of not less than 6 years and 
16 not more than 30 years, and subject to a fine not to 
17 exceed $100,000 or the street value of the 
18 methamphetamine, whichever is greater.

19   (C) A person who delivers or possesses with intent 
20 to deliver 15 or more grams but less than 100 grams of 
21 methamphetamine or a substance containing 
22 methamphetamine is guilty of a Class X felony, subject 
23 to a term of imprisonment of not less than 8 years and 
24 not more than 40 years, and subject to a fine not to 
25 exceed $200,000 or the street value of the 
26 methamphetamine, whichever is greater.

 
 
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1   (D) A person who delivers or possesses with intent 
2 to deliver 100 or more grams of methamphetamine or a 
3 substance containing methamphetamine is guilty of a 
4 Class X felony, subject to a term of imprisonment of 
5 not less than 10 years and not more than 50 years, and 
6 subject to a fine not to exceed $300,000 or the street 
7 value of the methamphetamine, whichever is greater.


8(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)

9 (720 ILCS 646/70)

10 Sec. 70. Probation. 
11 (a) Whenever any person who has not previously been 
12convicted of, or placed on probation or court supervision for 
13any felony offense under this Act, the Illinois Controlled 
14Substances Act, the Cannabis Control Act, or any law of the 
15United States or of any state relating to cannabis or 
16controlled substances, pleads guilty to or is found guilty of 
17possession of less than 15 grams of methamphetamine under 
18paragraph (1) or (2) of subsection (b) of Section 60 of this 
19Act, the court, without entering a judgment and with the 
20consent of the person, may sentence him or her to probation.

21 (b) When a person is placed on probation, the court shall 
22enter an order specifying a period of probation of 24 months 
23and shall defer further proceedings in the case until the 
24conclusion of the period or until the filing of a petition 
25alleging violation of a term or condition of probation.

 
 
10000SB1722sam004- 50 -LRB100 11347 RLC 24987 a


1 (c) The conditions of probation shall be that the person: 
2  (1) not violate any criminal statute of any 
3 jurisdiction; 
4  (2) refrain from possessing a firearm or other 
5 dangerous weapon; 
6  (3) 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 the probation, with the cost of the 
9 testing to be paid by the probationer; and 
10  (4) perform no less than 30 hours of community service, 
11 if community service is available in the jurisdiction and 
12 is funded and approved by the county board.

13 (d) The court may, in addition to other conditions, require 
14that the person take one or more of the following actions:

15  (1) make a report to and appear in person before or 
16 participate with the court or such courts, person, or 
17 social service agency as directed by the court in the order 
18 of probation;

19  (2) pay a fine and costs;

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

22  (4) undergo medical or psychiatric treatment; or 
23 treatment or rehabilitation approved by the Illinois 
24 Department of Human Services;

25  (5) attend or reside in a facility established for the 
26 instruction or residence of defendants on probation;

 
 
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1  (6) support his or her dependents;

2  (7) refrain from having in his or her body the presence 
3 of any illicit drug prohibited by this Act, the Cannabis 
4 Control Act, or the Illinois Controlled Substances Act, 
5 unless prescribed by a physician, and submit samples of his 
6 or her blood or urine or both for tests to determine the 
7 presence of any illicit drug; or

8  (8) if a minor:

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

11   (ii) attend school;

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

14   (iv) contribute to his or her own support at home 
15 or in a foster home.

16 (e) Upon violation of a term or condition of probation, the 
17court may enter a judgment on its original finding of guilt and 
18proceed as otherwise provided.

19 (f) Upon fulfillment of the terms and conditions of 
20probation, the court shall discharge the person and dismiss the 
21proceedings against the person.

22 (g) A disposition of probation is considered to be a 
23conviction for the purposes of imposing the conditions of 
24probation and for appeal, however, discharge and dismissal 
25under this Section is not a conviction for purposes of this Act 
26or for purposes of disqualifications or disabilities imposed by 
 
 
10000SB1722sam004- 52 -LRB100 11347 RLC 24987 a


1law upon conviction of a crime.

2 (h) A person may not have more than There may be only one 
3discharge and dismissal under this Section within a 4-year 
4period , Section 410 of the Illinois Controlled Substances Act, 
5Section 10 of the Cannabis Control Act, Section 5-6-3.3 or 
65-6-3.4 of the Unified Code of Corrections, or subsection (c) 
7of Section 11-14 of the Criminal Code of 1961 or the Criminal 
8Code of 2012 with respect to any person.

9 (i) If a person is convicted of an offense under this Act, 
10the Cannabis Control Act, or the Illinois Controlled Substances 
11Act within 5 years subsequent to a discharge and dismissal 
12under this Section, the discharge and dismissal under this 
13Section are admissible in the sentencing proceeding for that 
14conviction as evidence in aggravation.


15 (j) Notwithstanding subsection (a), before a person is 
16sentenced to probation under this Section, the court may refer 
17the person to the drug court established in that judicial 
18circuit pursuant to Section 15 of the Drug Court Treatment Act. 
19The drug court team shall evaluate the person's likelihood of 
20successfully completing a sentence of probation under this 
21Section and shall report the results of its evaluation to the 
22court. If the drug court team finds that the person suffers 
23from a substance abuse problem that makes him or her 
24substantially unlikely to successfully complete a sentence of 
25probation under this Section, then the drug court shall set 
26forth its findings in the form of a written order, and the 
 
 
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1person shall not be sentenced to probation under this Section, 
2but shall may be considered for the drug court program.
3(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)

4 Section 35. The Unified Code of Corrections is amended by 
5changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4, 
6and 5-8-8 and by adding Section 5-4.5-110 as follows:



7 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)


8 Sec. 3-3-8. Length of parole and mandatory supervised

9release; discharge.
10 (a) The length of parole
for a person sentenced under the 
11law in effect prior to
the effective date of this amendatory 
12Act of 1977 and the
length of mandatory supervised release for 
13those sentenced
under the law in effect on and after such 
14effective date
shall be as set out in Section 5-8-1 unless 
15sooner terminated
under paragraph (b) of this Section.

16 (b) The Prisoner Review Board may enter an order
releasing 
17and discharging one from parole or mandatory
supervised 
18release, and his or her commitment to the Department,
when it 
19determines that he or she is likely to remain at liberty

20without committing another offense.

21 (b-1) Provided that the subject is in compliance with the 
22terms and conditions of his or her parole or mandatory 
23supervised release, the Prisoner Review Board may reduce the 
24period of a parolee or releasee's parole or mandatory 
 
 
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1supervised release by 90 days upon the parolee or releasee 
2receiving a high school diploma or upon passage of high school 
3equivalency testing during the period of his or her parole or 
4mandatory supervised release. This reduction in the period of a 
5subject's term of parole or mandatory supervised release shall 
6be available only to subjects who have not previously earned a 
7high school diploma or who have not previously passed high 
8school equivalency testing. 
9 (b-2) The Prisoner Review Board may release a low-risk and 
10need subject person from mandatory supervised release as 
11determined by an appropriate evidence-based risk and need 
12assessment. 
13 (c) The order of discharge shall become effective upon 
14entry of the
order of the Board. The Board shall notify the 
15clerk of the committing
court of the order. Upon receipt of 
16such copy, the clerk shall make an
entry on the record judgment 
17that the sentence or commitment has been
satisfied pursuant to 
18the order.

19 (d) Rights of the person discharged under this
Section 
20shall be restored under Section 5-5-5.

21(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268, 
22eff. 1-1-16; 99-628, eff. 1-1-17.)



23 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


24 (Text of Section before amendment by P.A. 99-938)

25 Sec. 3-6-3. Rules and regulations for sentence credit. 

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

2and regulations for awarding and revoking sentence credit for 
3persons committed to the Department which shall
be subject to 
4review by the Prisoner Review Board.

5 (1.5) As otherwise provided by law, sentence credit may be 
6awarded for the following: 
7  (A) successful completion of programming while in 
8 custody of the Department or while in custody prior to 
9 sentencing; 
10  (B) compliance with the rules and regulations of the 
11 Department; or 
12  (C) service to the institution, service to a community, 
13 or service to the State. 
14 (2) The rules and regulations on sentence credit shall 
15provide, with
respect to offenses listed in clause (i), (ii), 
16or (iii) of this paragraph (2) committed on or after June 19, 
171998 or with respect to the offense listed in clause (iv) of 
18this paragraph (2) committed on or after June 23, 2005 (the 
19effective date of Public Act 94-71) or with
respect to offense 
20listed in clause (vi)
committed on or after June 1, 2008 (the 
21effective date of Public Act 95-625)
or with respect to the 
22offense of being an armed habitual criminal committed on or 
23after August 2, 2005 (the effective date of Public Act 94-398) 
24or with respect to the offenses listed in clause (v) of this 
25paragraph (2) committed on or after August 13, 2007 (the 
26effective date of Public Act 95-134) or with respect to the 
 
 
10000SB1722sam004- 56 -LRB100 11347 RLC 24987 a


1offense of aggravated domestic battery committed on or after 
2July 23, 2010 (the effective date of Public Act 96-1224) or 
3with respect to the offense of attempt to commit terrorism 
4committed on or after January 1, 2013 (the effective date of 
5Public Act 97-990), the following:

6  (i) that a prisoner who is serving a term of 
7 imprisonment for first
degree murder or for the offense of 
8 terrorism shall receive no sentence
credit and shall serve 
9 the entire
sentence imposed by the court;

10  (ii) that a prisoner serving a sentence for attempt to 
11 commit terrorism, attempt to commit first
degree murder, 
12 solicitation of murder, solicitation of murder for hire,

13 intentional homicide of an unborn child, predatory 
14 criminal sexual assault of a
child, aggravated criminal 
15 sexual assault, criminal sexual assault, aggravated

16 kidnapping, aggravated battery with a firearm as described 
17 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
18 (e)(4) of Section 12-3.05, heinous battery as described in 
19 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
20 being an armed habitual criminal, aggravated
battery of a 
21 senior citizen as described in Section 12-4.6 or 
22 subdivision (a)(4) of Section 12-3.05, or aggravated 
23 battery of a child as described in Section 12-4.3 or 
24 subdivision (b)(1) of Section 12-3.05 shall receive no
more 
25 than 4.5 days of sentence credit for each month of his or 
26 her sentence
of imprisonment;

 
 
10000SB1722sam004- 57 -LRB100 11347 RLC 24987 a


1  (iii) that a prisoner serving a sentence
for home 
2 invasion, armed robbery, aggravated vehicular hijacking,

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

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

17  (v) that a person serving a sentence for gunrunning, 
18 narcotics racketeering, controlled substance trafficking, 
19 methamphetamine trafficking, drug-induced homicide, 
20 aggravated methamphetamine-related child endangerment, 
21 money laundering pursuant to clause (c) (4) or (5) of 
22 Section 29B-1 of the Criminal Code of 1961 or the Criminal 
23 Code of 2012, or a Class X felony conviction for delivery 
24 of a controlled substance, possession of a controlled 
25 substance with intent to manufacture or deliver, 
26 calculated criminal drug conspiracy, criminal drug 
 
 
10000SB1722sam004- 58 -LRB100 11347 RLC 24987 a


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

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

16  (vii) that a prisoner serving a sentence for aggravated 
17 domestic battery shall receive no more than 4.5 days of 
18 sentence credit for each month of his or her sentence of 
19 imprisonment. 
20 (2.1) For all offenses, other than those enumerated in 
21subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
22June 19, 1998 or subdivision (a)(2)(iv) committed on or after 
23June 23, 2005 (the effective date of Public Act 94-71) or 
24subdivision (a)(2)(v) committed on or after August 13, 2007 
25(the effective date of Public Act 95-134)
or subdivision 
26(a)(2)(vi) committed on or after June 1, 2008 (the effective 
 
 
10000SB1722sam004- 59 -LRB100 11347 RLC 24987 a


1date of Public Act 95-625) or subdivision (a)(2)(vii) committed 
2on or after July 23, 2010 (the effective date of Public Act 
396-1224), and other than the offense of aggravated driving 
4under the influence of alcohol, other drug or drugs, or

5intoxicating compound or compounds, or any combination thereof 
6as defined in
subparagraph (F) of paragraph (1) of subsection 
7(d) of Section 11-501 of the
Illinois Vehicle Code, and other 
8than the offense of aggravated driving under the influence of 
9alcohol,
other drug or drugs, or intoxicating compound or 
10compounds, or any combination
thereof as defined in 
11subparagraph (C) of paragraph (1) of subsection (d) of
Section 
1211-501 of the Illinois Vehicle Code committed on or after 
13January 1, 2011 (the effective date of Public Act 96-1230),
the 
14rules and regulations shall
provide that a prisoner who is 
15serving a term of
imprisonment shall receive one day of 
16sentence credit for each day of
his or her sentence of 
17imprisonment or recommitment under Section 3-3-9.
Each day of 
18sentence credit shall reduce by one day the prisoner's period

19of imprisonment or recommitment under Section 3-3-9.

20 (2.2) A prisoner serving a term of natural life 
21imprisonment or a
prisoner who has been sentenced to death 
22shall receive no sentence
credit.

23 (2.3) The rules and regulations on sentence credit shall 
24provide that
a prisoner who is serving a sentence for 
25aggravated driving under the influence of alcohol,
other drug 
26or drugs, or intoxicating compound or compounds, or any 
 
 
10000SB1722sam004- 60 -LRB100 11347 RLC 24987 a


1combination
thereof as defined in subparagraph (F) of paragraph 
2(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
3Code, shall receive no more than 4.5
days of sentence credit 
4for each month of his or her sentence of
imprisonment.

5 (2.4) The rules and regulations on sentence credit shall 
6provide with
respect to the offenses of aggravated battery with 
7a machine gun or a firearm
equipped with any device or 
8attachment designed or used for silencing the
report of a 
9firearm or aggravated discharge of a machine gun or a firearm

10equipped with any device or attachment designed or used for 
11silencing the
report of a firearm, committed on or after
July 
1215, 1999 (the effective date of Public Act 91-121),
that a 
13prisoner serving a sentence for any of these offenses shall 
14receive no
more than 4.5 days of sentence credit for each month 
15of his or her sentence
of imprisonment.

16 (2.5) The rules and regulations on sentence credit shall 
17provide that a
prisoner who is serving a sentence for 
18aggravated arson committed on or after
July 27, 2001 (the 
19effective date of Public Act 92-176) shall receive no more than

204.5 days of sentence credit for each month of his or her 
21sentence of
imprisonment.

22 (2.6) The rules and regulations on sentence credit shall 
23provide that a
prisoner who is serving a sentence for 
24aggravated driving under the influence of alcohol,
other drug 
25or drugs, or intoxicating compound or compounds or any 
26combination
thereof as defined in subparagraph (C) of paragraph 
 
 
10000SB1722sam004- 61 -LRB100 11347 RLC 24987 a


1(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
2Code committed on or after January 1, 2011 (the effective date 
3of Public Act 96-1230) shall receive no more than 4.5
days of 
4sentence credit for each month of his or her sentence of

5imprisonment.
6 (3) The rules and regulations shall also provide that
the 
7Director may award up to 180 days additional sentence
credit 
8for good conduct in specific instances as the
Director deems 
9proper. The good conduct may include, but is not limited to, 
10compliance with the rules and regulations of the Department, 
11service to the Department, service to a community, or service 
12to the State. However, the Director shall not award more than 
1390 days
of sentence credit for good conduct to any prisoner who 
14is serving a sentence for
conviction of first degree murder, 
15reckless homicide while under the
influence of alcohol or any 
16other drug,
or aggravated driving under the influence of 
17alcohol, other drug or drugs, or
intoxicating compound or 
18compounds, or any combination thereof as defined in

19subparagraph (F) of paragraph (1) of subsection (d) of Section 
2011-501 of the
Illinois Vehicle Code, aggravated kidnapping, 
21kidnapping,
predatory criminal sexual assault of a child,

22aggravated criminal sexual assault, criminal sexual assault, 
23deviate sexual
assault, aggravated criminal sexual abuse, 
24aggravated indecent liberties
with a child, indecent liberties 
25with a child, child pornography, heinous
battery as described 
26in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
 
 
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1aggravated battery of a spouse, aggravated battery of a spouse

2with a firearm, stalking, aggravated stalking, aggravated 
3battery of a child as described in Section 12-4.3 or 
4subdivision (b)(1) of Section 12-3.05,
endangering the life or 
5health of a child, or cruelty to a child. Notwithstanding the 
6foregoing, sentence credit for
good conduct shall not be 
7awarded on a
sentence of imprisonment imposed for conviction 
8of: (i) one of the offenses
enumerated in subdivision 
9(a)(2)(i), (ii), or (iii) when the offense is committed on or 
10after
June 19, 1998 or subdivision (a)(2)(iv) when the offense 
11is committed on or after June 23, 2005 (the effective date of 
12Public Act 94-71) or subdivision (a)(2)(v) when the offense is 
13committed on or after August 13, 2007 (the effective date of 
14Public Act 95-134)
or subdivision (a)(2)(vi) when the offense 
15is committed on or after June 1, 2008 (the effective date of 
16Public Act 95-625) or subdivision (a)(2)(vii) when the offense 
17is committed on or after July 23, 2010 (the effective date of 
18Public Act 96-1224), (ii) aggravated driving under the 
19influence of alcohol, other drug or drugs, or
intoxicating 
20compound or compounds, or any combination thereof as defined in

21subparagraph (F) of paragraph (1) of subsection (d) of Section 
2211-501 of the
Illinois Vehicle Code, (iii) one of the offenses 
23enumerated in subdivision
(a)(2.4) when the offense is 
24committed on or after
July 15, 1999 (the effective date of 
25Public Act 91-121),
(iv) aggravated arson when the offense is 
26committed
on or after July 27, 2001 (the effective date of 
 
 
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1Public Act 92-176), (v) offenses that may subject the offender 
2to commitment under the Sexually Violent Persons Commitment 
3Act, or (vi) aggravated driving under the influence of alcohol,

4other drug or drugs, or intoxicating compound or compounds or 
5any combination
thereof as defined in subparagraph (C) of 
6paragraph (1) of subsection (d) of
Section 11-501 of the 
7Illinois Vehicle Code committed on or after January 1, 2011 
8(the effective date of Public Act 96-1230).

9 Eligible inmates for an award of sentence credit under
this 
10paragraph (3) may be selected to receive the credit at
the 
11Director's or his or her designee's sole discretion.

12Consideration may be based on, but not limited to, any

13available risk assessment analysis on the inmate, any history 
14of conviction for violent crimes as defined by the Rights of 
15Crime Victims and Witnesses Act, facts and circumstances of the 
16inmate's holding offense or offenses, and the potential for 
17rehabilitation. 
18 The Director shall not award sentence credit under this 
19paragraph (3) to an inmate unless the inmate has served a 
20minimum of 60 days of the sentence; except nothing in this 
21paragraph shall be construed to permit the Director to extend 
22an inmate's sentence beyond that which was imposed by the 
23court. Prior to awarding credit under this paragraph (3), the 
24Director shall make a written determination that the inmate:
25  (A) is eligible for the sentence credit;
26  (B) has served a minimum of 60 days, or as close to 60 
 
 
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1 days as the sentence will allow; and
2  (C) has met the eligibility criteria established by 
3 rule.
4 The Director shall determine the form and content of the 
5written determination required in this subsection.
6 (3.5) The Department shall provide annual written reports 
7to the Governor and the General Assembly on the award of 
8sentence credit for good conduct, with the first report due 
9January 1, 2014. The Department must publish both reports on 
10its website within 48 hours of transmitting the reports to the 
11Governor and the General Assembly. The reports must include:
12  (A) the number of inmates awarded sentence credit for 
13 good conduct;
14  (B) the average amount of sentence credit for good 
15 conduct awarded;
16  (C) the holding offenses of inmates awarded sentence 
17 credit for good conduct; and
18  (D) the number of sentence credit for good conduct 
19 revocations. 
20 (4) The rules and regulations shall also provide that the 
21sentence
credit accumulated and retained under paragraph (2.1) 
22of subsection (a) of
this Section by any inmate during specific 
23periods of time in which such
inmate is engaged full-time in 
24substance abuse programs, correctional
industry assignments, 
25educational programs, behavior modification programs, life 
26skills courses, or re-entry planning provided by the Department

 
 
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1under this paragraph (4) and satisfactorily completes the 
2assigned program as
determined by the standards of the 
3Department, shall be multiplied by a factor
of 1.25 for program 
4participation before August 11, 1993
and 1.50 for program 
5participation on or after that date.
The rules and regulations 
6shall also provide that sentence credit, subject to the same 
7offense limits and multiplier provided in this paragraph, may 
8be provided to an inmate who was held in pre-trial detention 
9prior to his or her current commitment to the Department of 
10Corrections and successfully completed a full-time, 60-day or 
11longer substance abuse program, educational program, behavior 
12modification program, life skills course, or re-entry planning 
13provided by the county department of corrections or county 
14jail. Calculation of this county program credit shall be done 
15at sentencing as provided in Section 5-4.5-100 of this Code and 
16shall be included in the sentencing order. However, no inmate 
17shall be eligible for the additional sentence credit
under this 
18paragraph (4) or (4.1) of this subsection (a) while assigned to 
19a boot camp
or electronic detention, or if convicted of an 
20offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of 
21this Section that is committed on or after June 19,
1998 or 
22subdivision (a)(2)(iv) of this Section that is committed on or 
23after June 23, 2005 (the effective date of Public Act 94-71) or 
24subdivision (a)(2)(v) of this Section that is committed on or 
25after August 13, 2007 (the effective date of Public Act 95-134)

26or subdivision (a)(2)(vi) when the offense is committed on or 
 
 
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1after June 1, 2008 (the effective date of Public Act 95-625) or 
2subdivision (a)(2)(vii) when the offense is committed on or 
3after July 23, 2010 (the effective date of Public Act 96-1224), 
4or if convicted of aggravated driving under the influence of 
5alcohol, other drug or drugs, or
intoxicating compound or 
6compounds or any combination thereof as defined in
subparagraph 
7(F) of paragraph (1) of subsection (d) of Section 11-501 of the

8Illinois Vehicle Code, or if convicted of aggravated driving 
9under the influence of alcohol,
other drug or drugs, or 
10intoxicating compound or compounds or any combination
thereof 
11as defined in subparagraph (C) of paragraph (1) of subsection 
12(d) of
Section 11-501 of the Illinois Vehicle Code committed on 
13or after January 1, 2011 (the effective date of Public Act 
1496-1230), or if convicted of an offense enumerated in paragraph

15(a)(2.4) of this Section that is committed on or after
July 15, 
161999 (the effective date of Public Act 91-121),
or first degree 
17murder, a Class X felony, criminal sexual
assault, felony 
18criminal sexual abuse, aggravated criminal sexual abuse,

19aggravated battery with a firearm as described in Section 
2012-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
21Section 12-3.05, or any predecessor or successor offenses
with 
22the same or substantially the same elements, or any inchoate 
23offenses
relating to the foregoing offenses. No inmate shall be 
24eligible for the
additional good conduct credit under this 
25paragraph (4) who (i) has previously
received increased good 
26conduct credit under this paragraph (4) and has
subsequently 
 
 
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1been convicted of a
felony, or (ii) has previously served more 
2than one prior sentence of
imprisonment for a felony in an 
3adult correctional facility.

4 Educational, vocational, substance abuse, behavior 
5modification programs, life skills courses, re-entry planning, 
6and correctional
industry programs under which sentence credit 
7may be increased under
this paragraph (4) and paragraph (4.1) 
8of this subsection (a) shall be evaluated by the Department on 
9the basis of
documented standards. The Department shall report 
10the results of these
evaluations to the Governor and the 
11General Assembly by September 30th of each
year. The reports 
12shall include data relating to the recidivism rate among

13program participants.

14 Availability of these programs shall be subject to the

15limits of fiscal resources appropriated by the General Assembly 
16for these
purposes. Eligible inmates who are denied immediate 
17admission shall be
placed on a waiting list under criteria 
18established by the Department.
The inability of any inmate to 
19become engaged in any such programs
by reason of insufficient 
20program resources or for any other reason
established under the 
21rules and regulations of the Department shall not be
deemed a 
22cause of action under which the Department or any employee or

23agent of the Department shall be liable for damages to the 
24inmate.

25 (4.1) The rules and regulations shall also provide that an 
26additional 90 days of sentence credit shall be awarded to any 
 
 
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1prisoner who passes high school equivalency testing while the 
2prisoner is committed to the Department of Corrections. The 
3sentence credit awarded under this paragraph (4.1) shall be in 
4addition to, and shall not affect, the award of sentence credit 
5under any other paragraph of this Section, but shall also be 
6pursuant to the guidelines and restrictions set forth in 
7paragraph (4) of subsection (a) of this Section.
The sentence 
8credit provided for in this paragraph shall be available only 
9to those prisoners who have not previously earned a high school 
10diploma or a high school equivalency certificate. If, after an 
11award of the high school equivalency testing sentence credit 
12has been made, the Department determines that the prisoner was 
13not eligible, then the award shall be revoked.
The Department 
14may also award 90 days of sentence credit to any committed 
15person who passed high school equivalency testing while he or 
16she was held in pre-trial detention prior to the current 
17commitment to the Department of Corrections. 
18 (4.5) The rules and regulations on sentence credit shall 
19also provide that
when the court's sentencing order recommends 
20a prisoner for substance abuse treatment and the
crime was 
21committed on or after September 1, 2003 (the effective date of

22Public Act 93-354), the prisoner shall receive no sentence 
23credit awarded under clause (3) of this subsection (a) unless 
24he or she participates in and
completes a substance abuse 
25treatment program. The Director may waive the requirement to 
26participate in or complete a substance abuse treatment program 
 
 
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1and award the sentence credit in specific instances if the 
2prisoner is not a good candidate for a substance abuse 
3treatment program for medical, programming, or operational 
4reasons. Availability of
substance abuse treatment shall be 
5subject to the limits of fiscal resources
appropriated by the 
6General Assembly for these purposes. If treatment is not

7available and the requirement to participate and complete the 
8treatment has not been waived by the Director, the prisoner 
9shall be placed on a waiting list under criteria
established by 
10the Department. The Director may allow a prisoner placed on
a 
11waiting list to participate in and complete a substance abuse 
12education class or attend substance
abuse self-help meetings in 
13lieu of a substance abuse treatment program. A prisoner on a 
14waiting list who is not placed in a substance abuse program 
15prior to release may be eligible for a waiver and receive 
16sentence credit under clause (3) of this subsection (a) at the 
17discretion of the Director.

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

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

25several convictions, with separate sentences, the sentences

26shall be construed under Section 5-8-4 in granting and

 
 
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1forfeiting of sentence credit.

2 (c) The Department shall prescribe rules and regulations

3for revoking sentence credit, including revoking sentence 
4credit awarded for good conduct under paragraph (3) of 
5subsection (a) of this Section. The Department shall prescribe 
6rules and regulations for suspending or reducing
the rate of 
7accumulation of sentence credit for specific
rule violations, 
8during imprisonment. These rules and regulations
shall provide 
9that no inmate may be penalized more than one
year of sentence 
10credit for any one infraction.

11 When the Department seeks to revoke, suspend or reduce
the 
12rate of accumulation of any sentence credits for
an alleged 
13infraction of its rules, it shall bring charges
therefor 
14against the prisoner sought to be so deprived of
sentence 
15credits before the Prisoner Review Board as
provided in 
16subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
17amount of credit at issue exceeds 30 days or
when during any 12 
18month period, the cumulative amount of
credit revoked exceeds 
1930 days except where the infraction is committed
or discovered 
20within 60 days of scheduled release. In those cases,
the 
21Department of Corrections may revoke up to 30 days of sentence 
22credit.
The Board may subsequently approve the revocation of 
23additional sentence credit, if the Department seeks to revoke 
24sentence credit in
excess of 30 days. However, the Board shall 
25not be empowered to review the
Department's decision with 
26respect to the loss of 30 days of sentence
credit within any 
 
 
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1calendar year for any prisoner or to increase any penalty

2beyond the length requested by the Department.

3 The Director of the Department of Corrections, in 
4appropriate cases, may
restore up to 30 days of sentence 
5credits which have been revoked, suspended
or reduced. Any 
6restoration of sentence credits in excess of 30 days shall
be 
7subject to review by the Prisoner Review Board. However, the 
8Board may not
restore sentence credit in excess of the amount 
9requested by the Director.

10 Nothing contained in this Section shall prohibit the 
11Prisoner Review Board
from ordering, pursuant to Section 
123-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
13sentence imposed by the court that was not served due to the

14accumulation of sentence credit.

15 (d) If a lawsuit is filed by a prisoner in an Illinois or 
16federal court
against the State, the Department of Corrections, 
17or the Prisoner Review Board,
or against any of
their officers 
18or employees, and the court makes a specific finding that a

19pleading, motion, or other paper filed by the prisoner is 
20frivolous, the
Department of Corrections shall conduct a 
21hearing to revoke up to
180 days of sentence credit by bringing 
22charges against the prisoner
sought to be deprived of the 
23sentence credits before the Prisoner Review
Board as provided 
24in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
25prisoner has not accumulated 180 days of sentence credit at the

26time of the finding, then the Prisoner Review Board may revoke 
 
 
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1all
sentence credit accumulated by the prisoner.

2 For purposes of this subsection (d):

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

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

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

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

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

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

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

26  (2) "Lawsuit" means a motion pursuant to Section
116-3 
 
 
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1 of the Code of Criminal Procedure of 1963, a habeas corpus 
2 action under
Article X of the Code of Civil Procedure or 
3 under federal law (28 U.S.C. 2254),
a petition for claim 
4 under the Court of Claims Act, an action under the
federal 
5 Civil Rights Act (42 U.S.C. 1983), or a second or 
6 subsequent petition for post-conviction relief under 
7 Article 122 of the Code of Criminal Procedure of 1963 
8 whether filed with or without leave of court or a second or 
9 subsequent petition for relief from judgment under Section 
10 2-1401 of the Code of Civil Procedure.

11 (e) Nothing in Public Act 90-592 or 90-593 affects the 
12validity of Public Act 89-404.

13 (f) Whenever the Department is to release any inmate who 
14has been convicted of a violation of an order of protection 
15under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
16the Criminal Code of 2012, earlier than it
otherwise would 
17because of a grant of sentence credit, the Department, as a 
18condition of release, shall require that the person, upon 
19release, be placed under electronic surveillance as provided in 
20Section 5-8A-7 of this Code. 
21(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, 
22eff. 1-1-16; 99-642, eff. 7-28-16.)


23 (Text of Section after amendment by P.A. 99-938) 
24 Sec. 3-6-3. Rules and regulations for sentence credit. 

25 (a)(1) The Department of Corrections shall prescribe rules

 
 
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1and regulations for awarding and revoking sentence credit for 
2persons committed to the Department which shall
be subject to 
3review by the Prisoner Review Board.

4 (1.5) As otherwise provided by law, sentence credit may be 
5awarded for the following: 
6  (A) successful completion of programming while in 
7 custody of the Department or while in custody prior to 
8 sentencing; 
9  (B) compliance with the rules and regulations of the 
10 Department; or 
11  (C) service to the institution, service to a community, 
12 or service to the State. 
13 (2) Except as provided in paragraph (4.7) of this 
14subsection (a), the The rules and regulations on sentence 
15credit shall provide, with
respect to offenses listed in clause 
16(i), (ii), or (iii) of this paragraph (2) committed on or after 
17June 19, 1998 or with respect to the offense listed in clause 
18(iv) of this paragraph (2) committed on or after June 23, 2005 
19(the effective date of Public Act 94-71) or with
respect to 
20offense listed in clause (vi)
committed on or after June 1, 
212008 (the effective date of Public Act 95-625)
or with respect 
22to the offense of being an armed habitual criminal committed on 
23or after August 2, 2005 (the effective date of Public Act 
2494-398) or with respect to the offenses listed in clause (v) of 
25this paragraph (2) committed on or after August 13, 2007 (the 
26effective date of Public Act 95-134) or with respect to the 
 
 
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1offense of aggravated domestic battery committed on or after 
2July 23, 2010 (the effective date of Public Act 96-1224) or 
3with respect to the offense of attempt to commit terrorism 
4committed on or after January 1, 2013 (the effective date of 
5Public Act 97-990), the following:

6  (i) that a prisoner who is serving a term of 
7 imprisonment for first
degree murder or for the offense of 
8 terrorism shall receive no sentence
credit and shall serve 
9 the entire
sentence imposed by the court;

10  (ii) that a prisoner serving a sentence for attempt to 
11 commit terrorism, attempt to commit first
degree murder, 
12 solicitation of murder, solicitation of murder for hire,

13 intentional homicide of an unborn child, predatory 
14 criminal sexual assault of a
child, aggravated criminal 
15 sexual assault, criminal sexual assault, aggravated

16 kidnapping, aggravated battery with a firearm as described 
17 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
18 (e)(4) of Section 12-3.05, heinous battery as described in 
19 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
20 being an armed habitual criminal, aggravated
battery of a 
21 senior citizen as described in Section 12-4.6 or 
22 subdivision (a)(4) of Section 12-3.05, or aggravated 
23 battery of a child as described in Section 12-4.3 or 
24 subdivision (b)(1) of Section 12-3.05 shall receive no
more 
25 than 4.5 days of sentence credit for each month of his or 
26 her sentence
of imprisonment;

 
 
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1  (iii) that a prisoner serving a sentence
for home 
2 invasion, armed robbery, aggravated vehicular hijacking,

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

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

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

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

16  (vii) that a prisoner serving a sentence for aggravated 
17 domestic battery shall receive no more than 4.5 days of 
18 sentence credit for each month of his or her sentence of 
19 imprisonment. 
20 (2.1) For all offenses, other than those enumerated in 
21subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
22June 19, 1998 or subdivision (a)(2)(iv) committed on or after 
23June 23, 2005 (the effective date of Public Act 94-71) or 
24subdivision (a)(2)(v) committed on or after August 13, 2007 
25(the effective date of Public Act 95-134)
or subdivision 
26(a)(2)(vi) committed on or after June 1, 2008 (the effective 
 
 
10000SB1722sam004- 79 -LRB100 11347 RLC 24987 a


1date of Public Act 95-625) or subdivision (a)(2)(vii) committed 
2on or after July 23, 2010 (the effective date of Public Act 
396-1224), and other than the offense of aggravated driving 
4under the influence of alcohol, other drug or drugs, or

5intoxicating compound or compounds, or any combination thereof 
6as defined in
subparagraph (F) of paragraph (1) of subsection 
7(d) of Section 11-501 of the
Illinois Vehicle Code, and other 
8than the offense of aggravated driving under the influence of 
9alcohol,
other drug or drugs, or intoxicating compound or 
10compounds, or any combination
thereof as defined in 
11subparagraph (C) of paragraph (1) of subsection (d) of
Section 
1211-501 of the Illinois Vehicle Code committed on or after 
13January 1, 2011 (the effective date of Public Act 96-1230),
the 
14rules and regulations shall
provide that a prisoner who is 
15serving a term of
imprisonment shall receive one day of 
16sentence credit for each day of
his or her sentence of 
17imprisonment or recommitment under Section 3-3-9.
Each day of 
18sentence credit shall reduce by one day the prisoner's period

19of imprisonment or recommitment under Section 3-3-9.

20 (2.2) A prisoner serving a term of natural life 
21imprisonment or a
prisoner who has been sentenced to death 
22shall receive no sentence
credit.

23 (2.3) Except as provided in paragraph (4.7) of this 
24subsection (a), the The rules and regulations on sentence 
25credit shall provide that
a prisoner who is serving a sentence 
26for aggravated driving under the influence of alcohol,
other 
 
 
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1drug or drugs, or intoxicating compound or compounds, or any 
2combination
thereof as defined in subparagraph (F) of paragraph 
3(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
4Code, shall receive no more than 4.5
days of sentence credit 
5for each month of his or her sentence of
imprisonment.

6 (2.4) Except as provided in paragraph (4.7) of this 
7subsection (a), the The rules and regulations on sentence 
8credit shall provide with
respect to the offenses of aggravated 
9battery with a machine gun or a firearm
equipped with any 
10device or attachment designed or used for silencing the
report 
11of a firearm or aggravated discharge of a machine gun or a 
12firearm
equipped with any device or attachment designed or used 
13for silencing the
report of a firearm, committed on or after

14July 15, 1999 (the effective date of Public Act 91-121),
that a 
15prisoner serving a sentence for any of these offenses shall 
16receive no
more than 4.5 days of sentence credit for each month 
17of his or her sentence
of imprisonment.

18 (2.5) Except as provided in paragraph (4.7) of this 
19subsection (a), the The rules and regulations on sentence 
20credit shall provide that a
prisoner who is serving a sentence 
21for aggravated arson committed on or after
July 27, 2001 (the 
22effective date of Public Act 92-176) shall receive no more than

234.5 days of sentence credit for each month of his or her 
24sentence of
imprisonment.

25 (2.6) Except as provided in paragraph (4.7) of this 
26subsection (a), the The rules and regulations on sentence 
 
 
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1credit shall provide that a
prisoner who is serving a sentence 
2for aggravated driving under the influence of alcohol,
other 
3drug or drugs, or intoxicating compound or compounds or any 
4combination
thereof as defined in subparagraph (C) of paragraph 
5(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
6Code committed on or after January 1, 2011 (the effective date 
7of Public Act 96-1230) shall receive no more than 4.5
days of 
8sentence credit for each month of his or her sentence of

9imprisonment.
10 (3) Except as provided in paragraph (4.7) of this 
11subsection (a), the The rules and regulations shall also 
12provide that
the Director may award up to 180 days of earned 
13sentence
credit for good conduct in specific instances as the

14Director deems proper. The good conduct may include, but is not 
15limited to, compliance with the rules and regulations of the 
16Department, service to the Department, service to a community, 
17or service to the State.

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

21Eligibility for the additional earned sentence credit under 
22this paragraph (3) shall be based on, but is not limited to, 
23the results of any available risk/needs assessment or other 
24relevant assessments or evaluations administered by the 
25Department using a validated instrument, the circumstances of 
26the crime, any history of conviction for a forcible felony 
 
 
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1enumerated in Section 2-8 of the Criminal Code of 2012, the 
2inmate's behavior and disciplinary history while incarcerated, 
3and the inmate's commitment to rehabilitation, including 
4participation in programming offered by the Department. 
5 The Director shall not award sentence credit under this 
6paragraph (3) to an inmate unless the inmate has served a 
7minimum of 60 days of the sentence; except nothing in this 
8paragraph shall be construed to permit the Director to extend 
9an inmate's sentence beyond that which was imposed by the 
10court. Prior to awarding credit under this paragraph (3), the 
11Director shall make a written determination that the inmate:
12  (A) is eligible for the earned sentence credit;
13  (B) has served a minimum of 60 days, or as close to 60 
14 days as the sentence will allow;
15  (B-1) has received a risk/needs assessment or other 
16 relevant evaluation or assessment administered by the 
17 Department using a validated instrument; and
18  (C) has met the eligibility criteria established under 
19 paragraph (4) of this subsection (a) and by rule for earned 
20 sentence credit.
21 The Director shall determine the form and content of the 
22written determination required in this subsection.
23 (3.5) The Department shall provide annual written reports 
24to the Governor and the General Assembly on the award of earned 
25sentence credit no later than February 1 of each year. The 
26Department must publish both reports on its website within 48 
 
 
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1hours of transmitting the reports to the Governor and the 
2General Assembly. The reports must include:
3  (A) the number of inmates awarded earned sentence 
4 credit;
5  (B) the average amount of earned sentence credit 
6 awarded;
7  (C) the holding offenses of inmates awarded earned 
8 sentence credit; and
9  (D) the number of earned sentence credit revocations. 
10 (4) Except as provided in paragraph (4.7) of this 
11subsection (a), the The rules and regulations shall also 
12provide that the sentence
credit accumulated and retained under 
13paragraph (2.1) of subsection (a) of
this Section by any inmate 
14during specific periods of time in which such
inmate is engaged 
15full-time in substance abuse programs, correctional
industry 
16assignments, educational programs, behavior modification 
17programs, life skills courses, or re-entry planning provided by 
18the Department
under this paragraph (4) and satisfactorily 
19completes the assigned program as
determined by the standards 
20of the Department, shall be multiplied by a factor
of 1.25 for 
21program participation before August 11, 1993
and 1.50 for 
22program participation on or after that date.
The rules and 
23regulations shall also provide that sentence credit, subject to 
24the same offense limits and multiplier provided in this 
25paragraph, may be provided to an inmate who was held in 
26pre-trial detention prior to his or her current commitment to 
 
 
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1the Department of Corrections and successfully completed a 
2full-time, 60-day or longer substance abuse program, 
3educational program, behavior modification program, life 
4skills course, or re-entry planning provided by the county 
5department of corrections or county jail. Calculation of this 
6county program credit shall be done at sentencing as provided 
7in Section 5-4.5-100 of this Code and shall be included in the 
8sentencing order. However, no inmate shall be eligible for the 
9additional sentence credit
under this paragraph (4) or (4.1) of 
10this subsection (a) while assigned to a boot camp
or electronic 
11detention, or if convicted of an offense enumerated in

12subdivision (a)(2)(i), (ii), or (iii) of this Section that is 
13committed on or after June 19,
1998 or subdivision (a)(2)(iv) 
14of this Section that is committed on or after June 23, 2005 
15(the effective date of Public Act 94-71) or subdivision 
16(a)(2)(v) of this Section that is committed on or after August 
1713, 2007 (the effective date of Public Act 95-134)
or 
18subdivision (a)(2)(vi) when the offense is committed on or 
19after June 1, 2008 (the effective date of Public Act 95-625) or 
20subdivision (a)(2)(vii) when the offense is committed on or 
21after July 23, 2010 (the effective date of Public Act 96-1224), 
22or if convicted of aggravated driving under the influence of 
23alcohol, other drug or drugs, or
intoxicating compound or 
24compounds or any combination thereof as defined in
subparagraph 
25(F) of paragraph (1) of subsection (d) of Section 11-501 of the

26Illinois Vehicle Code, or if convicted of aggravated driving 
 
 
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1under the influence of alcohol,
other drug or drugs, or 
2intoxicating compound or compounds or any combination
thereof 
3as defined in subparagraph (C) of paragraph (1) of subsection 
4(d) of
Section 11-501 of the Illinois Vehicle Code committed on 
5or after January 1, 2011 (the effective date of Public Act 
696-1230), or if convicted of an offense enumerated in paragraph

7(a)(2.4) of this Section that is committed on or after
July 15, 
81999 (the effective date of Public Act 91-121),
or first degree 
9murder, a Class X felony, criminal sexual
assault, felony 
10criminal sexual abuse, aggravated criminal sexual abuse,

11aggravated battery with a firearm as described in Section 
1212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
13Section 12-3.05, or any predecessor or successor offenses
with 
14the same or substantially the same elements, or any inchoate 
15offenses
relating to the foregoing offenses.

16 Educational, vocational, substance abuse, behavior 
17modification programs, life skills courses, re-entry planning, 
18and correctional
industry programs under which sentence credit 
19may be increased under
this paragraph (4) and paragraph (4.1) 
20of this subsection (a) shall be evaluated by the Department on 
21the basis of
documented standards. The Department shall report 
22the results of these
evaluations to the Governor and the 
23General Assembly by September 30th of each
year. The reports 
24shall include data relating to the recidivism rate among

25program participants.

26 Availability of these programs shall be subject to the

 
 
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1limits of fiscal resources appropriated by the General Assembly 
2for these
purposes. Eligible inmates who are denied immediate 
3admission shall be
placed on a waiting list under criteria 
4established by the Department.
The inability of any inmate to 
5become engaged in any such programs
by reason of insufficient 
6program resources or for any other reason
established under the 
7rules and regulations of the Department shall not be
deemed a 
8cause of action under which the Department or any employee or

9agent of the Department shall be liable for damages to the 
10inmate.

11 (4.1) Except as provided in paragraph (4.7) of this 
12subsection (a), the The rules and regulations shall also 
13provide that an additional 90 days of sentence credit shall be 
14awarded to any prisoner who passes high school equivalency 
15testing while the prisoner is committed to the Department of 
16Corrections. The sentence credit awarded under this paragraph 
17(4.1) shall be in addition to, and shall not affect, the award 
18of sentence credit under any other paragraph of this Section, 
19but shall also be pursuant to the guidelines and restrictions 
20set forth in paragraph (4) of subsection (a) of this Section.

21The sentence credit provided for in this paragraph shall be 
22available only to those prisoners who have not previously 
23earned a high school diploma or a high school equivalency 
24certificate. If, after an award of the high school equivalency 
25testing sentence credit has been made, the Department 
26determines that the prisoner was not eligible, then the award 
 
 
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1shall be revoked.
The Department may also award 90 days of 
2sentence credit to any committed person who passed high school 
3equivalency testing while he or she was held in pre-trial 
4detention prior to the current commitment to the Department of 
5Corrections. 
6 (4.5) The rules and regulations on sentence credit shall 
7also provide that
when the court's sentencing order recommends 
8a prisoner for substance abuse treatment and the
crime was 
9committed on or after September 1, 2003 (the effective date of

10Public Act 93-354), the prisoner shall receive no sentence 
11credit awarded under clause (3) of this subsection (a) unless 
12he or she participates in and
completes a substance abuse 
13treatment program. The Director may waive the requirement to 
14participate in or complete a substance abuse treatment program 
15in specific instances if the prisoner is not a good candidate 
16for a substance abuse treatment program for medical, 
17programming, or operational reasons. Availability of
substance 
18abuse treatment shall be subject to the limits of fiscal 
19resources
appropriated by the General Assembly for these 
20purposes. If treatment is not
available and the requirement to 
21participate and complete the treatment has not been waived by 
22the Director, the prisoner shall be placed on a waiting list 
23under criteria
established by the Department. The Director may 
24allow a prisoner placed on
a waiting list to participate in and 
25complete a substance abuse education class or attend substance

26abuse self-help meetings in lieu of a substance abuse treatment 
 
 
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1program. A prisoner on a waiting list who is not placed in a 
2substance abuse program prior to release may be eligible for a 
3waiver and receive sentence credit under clause (3) of this 
4subsection (a) at the discretion of the Director.

5 (4.6) The rules and regulations on sentence credit shall 
6also provide that a prisoner who has been convicted of a sex 
7offense as defined in Section 2 of the Sex Offender 
8Registration Act shall receive no sentence credit unless he or 
9she either has successfully completed or is participating in 
10sex offender treatment as defined by the Sex Offender 
11Management Board. However, prisoners who are waiting to receive 
12treatment, but who are unable to do so due solely to the lack 
13of resources on the part of the Department, may, at the 
14Director's sole discretion, be awarded sentence credit at a 
15rate as the Director shall determine.
16 (4.7) On or after the effective date of this amendatory Act 
17of the 100th General Assembly, sentence credit under paragraph 
18(3), (4), or (4.1) of this subsection (a) may be awarded to a 
19prisoner who is serving a sentence for an offense described in 
20paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned 
21on or after the effective date of this amendatory Act of the 
22100th General Assembly; provided, the award of the credits 
23under this paragraph (4.7) shall not reduce the sentence of the 
24prisoner to less than the following amounts:
25  (i) 85% of his or her sentence if the prisoner is 
26 required to serve 85% of his or her sentence; or 
 
 
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1  (ii) 60% of his or her sentence if the prisoner is 
2 required to serve 75% of his or her sentence, except if the 
3 prisoner is serving a sentence for gunrunning his or her 
4 sentence shall not be reduced to less than 75%.
5 This paragraph (4.7) shall not apply to a prisoner serving 
6a sentence for an offense described in subparagraph (i) of 
7paragraph (2) of this subsection (a).
8 (5) Whenever the Department is to release any inmate 
9earlier than it
otherwise would because of a grant of earned 
10sentence credit under paragraph (3) of subsection (a) of this 
11Section given at any time during the term, the Department shall 
12give
reasonable notice of the impending release not less than 
1314 days prior to the date of the release to the State's

14Attorney of the county where the prosecution of the inmate took 
15place, and if applicable, the State's Attorney of the county 
16into which the inmate will be released. The Department must 
17also make identification information and a recent photo of the 
18inmate being released accessible on the Internet by means of a 
19hyperlink labeled "Community Notification of Inmate Early 
20Release" on the Department's World Wide Web homepage.
The 
21identification information shall include the inmate's: name, 
22any known alias, date of birth, physical characteristics, 
23commitment offense and county where conviction was imposed. The 
24identification information shall be placed on the website 
25within 3 days of the inmate's release and the information may 
26not be removed until either: completion of the first year of 
 
 
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1mandatory supervised release or return of the inmate to custody 
2of the Department.

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

4several convictions, with separate sentences, the sentences

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

6forfeiting of sentence credit.

7 (c) The Department shall prescribe rules and regulations

8for revoking sentence credit, including revoking sentence 
9credit awarded under paragraph (3) of subsection (a) of this 
10Section. The Department shall prescribe rules and regulations 
11for suspending or reducing
the rate of accumulation of sentence 
12credit for specific
rule violations, during imprisonment. 
13These rules and regulations
shall provide that no inmate may be 
14penalized more than one
year of sentence credit for any one 
15infraction.

16 When the Department seeks to revoke, suspend or reduce
the 
17rate of accumulation of any sentence credits for
an alleged 
18infraction of its rules, it shall bring charges
therefor 
19against the prisoner sought to be so deprived of
sentence 
20credits before the Prisoner Review Board as
provided in 
21subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
22amount of credit at issue exceeds 30 days or
when during any 12 
23month period, the cumulative amount of
credit revoked exceeds 
2430 days except where the infraction is committed
or discovered 
25within 60 days of scheduled release. In those cases,
the 
26Department of Corrections may revoke up to 30 days of sentence 
 
 
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1credit.
The Board may subsequently approve the revocation of 
2additional sentence credit, if the Department seeks to revoke 
3sentence credit in
excess of 30 days. However, the Board shall 
4not be empowered to review the
Department's decision with 
5respect to the loss of 30 days of sentence
credit within any 
6calendar year for any prisoner or to increase any penalty

7beyond the length requested by the Department.

8 The Director of the Department of Corrections, in 
9appropriate cases, may
restore up to 30 days of sentence 
10credits which have been revoked, suspended
or reduced. Any 
11restoration of sentence credits in excess of 30 days shall
be 
12subject to review by the Prisoner Review Board. However, the 
13Board may not
restore sentence credit in excess of the amount 
14requested by the Director.

15 Nothing contained in this Section shall prohibit the 
16Prisoner Review Board
from ordering, pursuant to Section 
173-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
18sentence imposed by the court that was not served due to the

19accumulation of sentence credit.

20 (d) If a lawsuit is filed by a prisoner in an Illinois or 
21federal court
against the State, the Department of Corrections, 
22or the Prisoner Review Board,
or against any of
their officers 
23or employees, and the court makes a specific finding that a

24pleading, motion, or other paper filed by the prisoner is 
25frivolous, the
Department of Corrections shall conduct a 
26hearing to revoke up to
180 days of sentence credit by bringing 
 
 
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1charges against the prisoner
sought to be deprived of the 
2sentence credits before the Prisoner Review
Board as provided 
3in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
4prisoner has not accumulated 180 days of sentence credit at the

5time of the finding, then the Prisoner Review Board may revoke 
6all
sentence credit accumulated by the prisoner.

7 For purposes of this subsection (d):

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

12   (A) it lacks an arguable basis either in law or in 
13 fact;

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

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

20 modification, or reversal of existing law or the 
21 establishment of new law;

22   (D) the allegations and other factual contentions 
23 do not have
evidentiary
support or, if specifically so 
24 identified, are not likely to have evidentiary
support 
25 after a reasonable opportunity for further 
26 investigation or discovery;
or

 
 
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1   (E) the denials of factual contentions are not 
2 warranted on the
evidence, or if specifically so 
3 identified, are not reasonably based on a lack
of 
4 information or belief.

5  (2) "Lawsuit" means a motion pursuant to Section
116-3 
6 of the Code of Criminal Procedure of 1963, a habeas corpus 
7 action under
Article X of the Code of Civil Procedure or 
8 under federal law (28 U.S.C. 2254),
a petition for claim 
9 under the Court of Claims Act, an action under the
federal 
10 Civil Rights Act (42 U.S.C. 1983), or a second or 
11 subsequent petition for post-conviction relief under 
12 Article 122 of the Code of Criminal Procedure of 1963 
13 whether filed with or without leave of court or a second or 
14 subsequent petition for relief from judgment under Section 
15 2-1401 of the Code of Civil Procedure.

16 (e) Nothing in Public Act 90-592 or 90-593 affects the 
17validity of Public Act 89-404.

18 (f) Whenever the Department is to release any inmate who 
19has been convicted of a violation of an order of protection 
20under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
21the Criminal Code of 2012, earlier than it
otherwise would 
22because of a grant of sentence credit, the Department, as a 
23condition of release, shall require that the person, upon 
24release, be placed under electronic surveillance as provided in 
25Section 5-8A-7 of this Code. 
26(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, 
 
 
10000SB1722sam004- 94 -LRB100 11347 RLC 24987 a


1eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)


2 (730 ILCS 5/5-4.5-95)
3 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
4 (a) HABITUAL CRIMINALS.
5  (1) Every person who has been twice convicted in any 
6 state or federal court of an offense that contains the same 
7 elements as an offense now (the date of the offense 
8 committed after the 2 prior convictions) classified in 
9 Illinois as a Class X felony, criminal sexual assault, 
10 aggravated kidnapping, or first degree murder, and who is 
11 thereafter convicted of a Class X felony, criminal sexual 
12 assault, or first degree murder, committed after the 2 
13 prior convictions, shall be adjudged an habitual criminal.
14  (2) The 2 prior convictions need not have been for the 
15 same offense.
16  (3) Any convictions that result from or are connected 
17 with the same transaction, or result from offenses 
18 committed at the same time, shall be counted for the 
19 purposes of this Section as one conviction.
20  (4) This Section does not apply unless each of the 
21 following requirements are satisfied:
22   (A) The third offense was committed after July 3, 
23 1980.
24   (B) The third offense was committed within 20 years 
25 of the date that judgment was entered on the first 
 
 
10000SB1722sam004- 95 -LRB100 11347 RLC 24987 a


1 conviction; provided, however, that time spent in 
2 custody shall not be counted.
3   (C) The third offense was committed after 
4 conviction on the second offense.
5   (D) The second offense was committed after 
6 conviction on the first offense.
7  (5) Anyone who, having attained the age of 18 at the 
8 time of the third offense, is adjudged an habitual criminal 
9 shall be sentenced to a term of natural life imprisonment.
10  (6) A prior conviction shall not be alleged in the 
11 indictment, and no evidence or other disclosure of that 
12 conviction shall be presented to the court or the jury 
13 during the trial of an offense set forth in this Section 
14 unless otherwise permitted by the issues properly raised in 
15 that trial. After a plea or verdict or finding of guilty 
16 and before sentence is imposed, the prosecutor may file 
17 with the court a verified written statement signed by the 
18 State's Attorney concerning any former conviction of an 
19 offense set forth in this Section rendered against the 
20 defendant. The court shall then cause the defendant to be 
21 brought before it; shall inform the defendant of the 
22 allegations of the statement so filed, and of his or her 
23 right to a hearing before the court on the issue of that 
24 former conviction and of his or her right to counsel at 
25 that hearing; and unless the defendant admits such 
26 conviction, shall hear and determine the issue, and shall 
 
 
10000SB1722sam004- 96 -LRB100 11347 RLC 24987 a


1 make a written finding thereon. If a sentence has 
2 previously been imposed, the court may vacate that sentence 
3 and impose a new sentence in accordance with this Section.
4  (7) A duly authenticated copy of the record of any 
5 alleged former conviction of an offense set forth in this 
6 Section shall be prima facie evidence of that former 
7 conviction; and a duly authenticated copy of the record of 
8 the defendant's final release or discharge from probation 
9 granted, or from sentence and parole supervision (if any) 
10 imposed pursuant to that former conviction, shall be prima 
11 facie evidence of that release or discharge.
12  (8) Any claim that a previous conviction offered by the 
13 prosecution is not a former conviction of an offense set 
14 forth in this Section because of the existence of any 
15 exceptions described in this Section, is waived unless duly 
16 raised at the hearing on that conviction, or unless the 
17 prosecution's proof shows the existence of the exceptions 
18 described in this Section.
19  (9) If the person so convicted shows to the 
20 satisfaction of the court before whom that conviction was 
21 had that he or she was released from imprisonment, upon 
22 either of the sentences upon a pardon granted for the 
23 reason that he or she was innocent, that conviction and 
24 sentence shall not be considered under this Section.

25 (b) When a defendant, over the age of 21 years, is 
26convicted of a Class 1 or Class 2 felony, except for an offense 
 
 
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1listed in subsection (c) of this Section, after having twice 
2been convicted in any state or federal court of an offense that 
3contains the same elements as an offense now (the date the 
4Class 1 or Class 2 felony was committed) classified in Illinois 
5as a Class 2 or greater Class felony, except for an offense 
6listed in subsection (c) of this Section, and those charges are 
7separately brought and tried and arise out of different series 
8of acts, that defendant shall be sentenced as a Class X 
9offender. This subsection does not apply unless:
10  (1) the first felony was committed after February 1, 
11 1978 (the effective date of Public Act 80-1099);
12  (2) the second felony was committed after conviction on 
13 the first; and
14  (3) the third felony was committed after conviction on 
15 the second.
16 (c) Subsection (b) of this Section does not apply to Class 
171 or Class 2 felony convictions for a violation of Section 16-1 
18of the Criminal Code of 2012. 
19 A person sentenced as a Class X offender under this 
20subsection (b) is not eligible to apply for treatment as a 
21condition of probation as provided by Section 40-10 of the 
22Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 
23301/40-10).

24(Source: P.A. 99-69, eff. 1-1-16.)

25 (730 ILCS 5/5-4.5-110 new)
 
 
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1 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
2PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
3 (a) DEFINITIONS. For the purposes of this Section:
4  "Firearm" has the meaning ascribed to it in Section 1.1 
5 of the Firearm Owners Identification Card Act.
6  "Qualifying predicate offense" means the following 
7 offenses under the Criminal Code of 2012:
8   (A) aggravated unlawful use of a weapon under 
9 Section 24-1.6 or similar offense under the Criminal 
10 Code of 1961, when the weapon is a firearm; 
11   (B) unlawful use or possession of a weapon by a 
12 felon under Section 24-1.1 or similar offense under the 
13 Criminal Code of 1961, when the
weapon is a firearm;
14   (C) first degree murder under Section 9-1 or 
15 similar offense under the Criminal Code of 1961;
16   (D) attempted first degree murder with a firearm or 
17 similar offense under the Criminal Code of 1961;
18   (E) aggravated kidnapping with a firearm under 
19 paragraph (6) or (7) of subsection (a) of Section 10-2 
20 or similar offense under the Criminal Code of 1961;
21   (F) aggravated battery with a firearm under 
22 subsection (e) of Section 12-3.05 or similar offense 
23 under the Criminal Code of 1961;
24   (G) aggravated criminal sexual assault under 
25 Section 11-1.30 or similar offense under the Criminal 
26 Code of 1961;
 
 
10000SB1722sam004- 99 -LRB100 11347 RLC 24987 a


1   (H) predatory criminal sexual assault of a child 
2 under Section 11-1.40 or similar offense under the 
3 Criminal Code of 1961;
4   (I) armed robbery under Section 18-2 or similar 
5 offense under the Criminal Code of 1961;
6   (J) vehicular hijacking under Section 18-3 or 
7 similar offense under the Criminal Code of 1961;
8   (K) aggravated vehicular hijacking under Section 
9 18-4 or similar offense under the Criminal Code of 
10 1961;
11   (L) home invasion with a firearm under paragraph 
12 (3), (4), or (5) of subsection (a) of Section 19-6 or 
13 similar offense under the Criminal Code of 1961;
14   (M) aggravated discharge of a firearm under 
15 Section 24-1.2 or similar offense under the Criminal 
16 Code of 1961;
17   (N) aggravated discharge of a machine gun or a 
18 firearm equipped with a device
designed or used for 
19 silencing the report of a firearm under Section 
20 24-1.2-5 or similar offense under the Criminal Code of 
21 1961;
22   (0) unlawful use of firearm projectiles under 
23 Section 24-2.1 or similar offense under the Criminal 
24 Code of 1961;
25   (P) manufacture, sale, or transfer of bullets or 
26 shells represented to be armor piercing
bullets, 
 
 
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1 dragon's breath shotgun shells, bolo shells, or 
2 flechette shells under Section 24-2.2 or similar 
3 offense under the Criminal Code of 1961;
4   (Q) unlawful sale or delivery of firearms under 
5 Section 24-3 or similar offense under the Criminal Code 
6 of 1961;
7   (R) unlawful discharge of firearm projectiles 
8 under Section 24-3.2 or similar offense under the 
9 Criminal Code of 1961;
10   (S) unlawful sale or delivery of firearms on school 
11 premises of any school under Section 24-3.3 or similar 
12 offense under the Criminal Code of 1961;
13   (T) unlawful purchase of a firearm under Section 
14 24-3.5 or similar offense under the Criminal Code of 
15 1961;
16   (U) use of a stolen firearm in the commission of an 
17 offense under Section 24-3.7 or similar offense under 
18 the Criminal Code of 1961;
19   (V) possession of a stolen firearm under Section 
20 24-3.8 or similar offense under the Criminal Code of 
21 1961;
22   (W) aggravated possession of a stolen firearm 
23 under Section 24-3.9 or similar offense under the 
24 Criminal Code of 1961;
25   (X) gunrunning under Section 24-3A or similar 
26 offense under the Criminal Code of 1961;
 
 
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1   (Y) defacing identification marks of firearms 
2 under Section 24-5 or similar offense under the 
3 Criminal Code of 1961; and
4   (Z) armed violence under Section 33A-2 or similar 
5 offense under the Criminal Code of 1961. 
6 (b) APPLICABILITY. On or after the effective date of this 
7amendatory Act of the 100th General Assembly, when a person is 
8convicted of unlawful use or possession of a weapon by a felon, 
9when the weapon is a firearm, or aggravated unlawful use of a 
10weapon, when the weapon is a firearm, after being previously 
11convicted of a qualifying predicate offense the person shall be 
12subject to the sentencing guidelines under this Section.
13 (c) SENTENCING GUIDELINES.
14  (1) When a person is convicted of unlawful use or 
15 possession of a weapon by a felon, when the weapon is a 
16 firearm, and that person has been previously convicted of a 
17 qualifying predicate offense, the person shall be 
18 sentenced to a term of imprisonment within the sentencing 
19 range of not less than 7 years and not more than 14 years, 
20 unless the court finds that a departure from the sentencing 
21 guidelines under this paragraph is warranted under 
22 subsection (d) of this Section.
23  (2) When a person is convicted of aggravated unlawful 
24 use of a weapon, when the weapon is a firearm, and that 
25 person has been previously convicted of a qualifying 
26 predicate offense, the person shall be sentenced to a term 
 
 
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1 of imprisonment within the sentencing range of not less 
2 than 6 years and not more than 7 years, unless the court 
3 finds that a departure from the sentencing guidelines under 
4 this paragraph is warranted under subsection (d) of this 
5 Section. 
6 (d) DEPARTURE FROM SENTENCING GUIDELINES.
7  (1) At the sentencing hearing conducted under Section 
8 5-4-1 of this Code, the court may depart from the

9 sentencing guidelines provided in subsection (c) of this 
10 Section and impose a sentence
otherwise authorized by law 
11 for the offense if the court, after considering any factor 
12 under paragraph (2) of this subsection (d) relevant to the 
13 nature and
circumstances of the crime and to the history 
14 and character of the defendant, finds on the record

15 substantial and compelling justification that the sentence 
16 within the sentencing guidelines would be unduly harsh and

17 that a sentence otherwise authorized by law would be 
18 consistent with public
safety and does not deprecate the 
19 seriousness of the offense.
20  (2) In deciding whether to depart from the sentencing 
21 guidelines under this paragraph, the court shall
consider:
22   (A) the age, immaturity, or limited mental 
23 capacity of the defendant at the time of
commission of 
24 the qualifying predicate or current offense, including 
25 whether the defendant
was suffering from a mental or 
26 physical condition insufficient to constitute a

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

7 (730 ILCS 5/5-6-3.3)
8 Sec. 5-6-3.3. Offender Initiative Program.
9 (a) Statement of purpose. The General Assembly seeks to

10continue other successful programs that promote public safety,

11conserve valuable resources, and reduce recidivism by

12defendants who can lead productive lives by creating the

13Offender Initiative Program.
14 (a-1) Whenever any person who has not previously been

15convicted of, or placed on probation or conditional discharge

16for, any felony offense under the laws of this State, the laws

17of any other state, or the laws of the United States, is

18arrested for and charged with a probationable felony offense of 
19theft, retail theft, forgery, possession of a stolen motor

20vehicle, burglary, possession of burglary tools, deceptive 
21practices, disorderly conduct, criminal damage or trespass to 
22property under Article 21 of the Criminal Code of 2012, 
23criminal trespass to a residence, obstructing justice, or an 
24offense involving fraudulent identification, or possession of

25cannabis, possession of a controlled substance, or possession

 
 
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1of methamphetamine, the court, with the consent of the

2defendant and the State's Attorney, may continue this matter to

3allow a defendant to participate and complete the Offender

4Initiative Program.
5 (a-2) Exemptions. A defendant shall not be eligible for 
6this Program if the offense he or she has been arrested for and 
7charged with is a violent offense. For purposes of this

8Program, a "violent offense" is any offense where bodily harm

9was inflicted or where force was used against any person or

10threatened against any person, any offense involving sexual

11conduct, sexual penetration, or sexual exploitation, any

12offense of domestic violence, domestic battery, violation of an

13order of protection, stalking, hate crime, driving under the

14influence of drugs or alcohol, and any offense involving the

15possession of a firearm or dangerous weapon. A defendant shall

16not be eligible for this Program if he or she has previously

17been adjudicated a delinquent minor for the commission of a

18violent offense as defined in this subsection.
19 (b) When a defendant is placed in the Program, after both 
20the defendant and State's Attorney waive preliminary hearing 
21pursuant to Section 109-3 of the Code of Criminal Procedure of 
221963, the court
shall enter an order specifying that
the 
23proceedings shall be suspended while the defendant is 
24participating in a Program of not less 12 months.
25 (c) The conditions of the Program shall be that the

26defendant:
 
 
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1  (1) not violate any criminal statute of this State or

2 any other jurisdiction;
3  (2) refrain from possessing a firearm or other

4 dangerous weapon;
5  (3) make full restitution to the victim or property

6 owner pursuant to Section 5-5-6 of this Code;
7  (4) obtain employment or perform not less than 30 hours

8 of community service, provided community service is

9 available in the county and is funded and approved by the

10 county board; and
11  (5) attend educational courses designed to prepare the

12 defendant for obtaining a high school diploma or to work

13 toward passing high school equivalency testing or to work 
14 toward
completing a vocational training program.
15 (d) The court may, in addition to other conditions, require

16that the defendant:
17  (1) undergo medical or psychiatric treatment, or

18 treatment or rehabilitation approved by the Illinois

19 Department of Human Services;
20  (2) refrain from having in his or her body the presence

21 of any illicit drug prohibited by the Methamphetamine

22 Control and Community Protection Act, the Cannabis Control

23 Act or the Illinois Controlled Substances Act, unless

24 prescribed by a physician, and submit samples of his or her

25 blood or urine or both for tests to determine the presence

26 of any illicit drug;
 
 
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1  (3) submit to periodic drug testing at a time, manner, 
2 and frequency as ordered by the court;
3  (4) pay fines, fees and costs; and
4  (5) in addition, if a minor:
5   (i) reside with his or her parents or in a foster

6 home;
7   (ii) attend school;
8   (iii) attend a non-residential program for youth;

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

11 or in a foster home.
12 (e) When the State's Attorney makes a factually specific 
13offer of proof that the defendant has failed to successfully 
14complete the Program or has violated any of the conditions of 
15the Program, the court shall enter an order that the defendant 
16has not successfully completed the Program and continue the 
17case for arraignment pursuant to Section 113-1 of the Code of 
18Criminal Procedure of 1963 for further proceedings as if the 
19defendant had not participated in the Program.
20 (f) Upon fulfillment of the terms and conditions of the

21Program, the State's Attorney shall dismiss the case or the 
22court shall discharge the person and dismiss the
proceedings 
23against the person.
24 (g) A person may only have There may be only one discharge 
25and dismissal under
this Section within a 4-year period with 
26respect to any person.

 
 
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1 (h) Notwithstanding subsection (a-1), if the court finds 
2that the defendant suffers from a substance abuse problem, then 
3before the person participates in the Program under this 
4Section, the court may refer the person to the drug court 
5established in that judicial circuit pursuant to Section 15 of 
6the Drug Court Treatment Act. The drug court team shall 
7evaluate the person's likelihood of successfully fulfilling 
8the terms and conditions of the Program under this Section and 
9shall report the results of its evaluation to the court. If the 
10drug court team finds that the person suffers from a substance 
11abuse problem that makes him or her substantially unlikely to 
12successfully fulfill the terms and conditions of the Program, 
13then the drug court shall set forth its findings in the form of 
14a written order, and the person shall be ineligible to 
15participate in the Program under this Section, but shall may be 
16considered for the drug court program.
17(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)

18 (730 ILCS 5/5-6-3.4)
19 Sec. 5-6-3.4. Second Chance Probation. 
20 (a) Whenever any person who has not previously been 
21convicted of, or placed on probation or conditional discharge 
22for, any felony offense under the laws of this State, the laws 
23of any other state, or the laws of the United States, including 
24probation under Section 410 of the Illinois Controlled 
25Substances Act, Section 70 of the Methamphetamine Control and 
 
 
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1Community Protection Act, Section 10 of the Cannabis Control 
2Act, subsection (c) of Section 11-14 of the Criminal Code of 
32012, Treatment Alternatives for Criminal Justice Clients 
4(TASC) under Article 40 of the Alcoholism and Other Drug Abuse 
5and Dependency Act, or prior successful completion of the 
6Offender Initiative Program under Section 5-6-3.3 of this Code, 
7and pleads guilty to, or is found guilty of, a probationable 
8felony offense of possession of less than 15 grams of a 
9controlled substance that is punishable as a Class 4 felony; 
10possession of
less than 15 grams of methamphetamine that is 
11punishable as a Class 4 felony; or a probationable felony 
12offense of possession of cannabis, theft, retail theft, 
13forgery, deceptive practices, possession of a stolen motor 
14vehicle, burglary, possession of burglary tools, disorderly 
15conduct, criminal damage or trespass to property under Article 
1621 of the Criminal Code of 2012, criminal trespass to a 
17residence, an offense involving fraudulent identification, or 
18obstructing justice; theft that is punishable as a Class 3 
19felony based on the value of the property or punishable as a 
20Class 4 felony if the theft was committed in a school or place 
21of worship or if the theft was of governmental property; retail

22theft that is punishable as a Class 3 felony based on the value 
23of the property; criminal damage to property that is punishable 
24as a Class 4 felony; criminal damage to
government supported 
25property that is punishable as a Class 4 felony; or possession 
26of cannabis which is punishable as a Class 4 felony, the court, 
 
 
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1with the consent of the defendant and the State's Attorney, 
2may, without entering a judgment, sentence the defendant to 
3probation under this Section.
4 (a-1) Exemptions. A defendant is not eligible for this 
5probation if the offense he or she pleads guilty to, or is 
6found guilty of, is a violent offense, or he or she has 
7previously been convicted of a violent offense. For purposes of 
8this probation, a "violent offense" is any offense where bodily 
9harm was inflicted or where force was used against any person 
10or threatened against any person, any offense involving sexual 
11conduct, sexual penetration, or sexual exploitation, any 
12offense of domestic violence, domestic battery, violation of an 
13order of protection, stalking, hate crime, driving under the 
14influence of drugs or alcohol, and any offense involving the 
15possession of a firearm or dangerous weapon. A defendant shall 
16not be eligible for this probation if he or she has previously 
17been adjudicated a delinquent minor for the commission of a 
18violent offense as defined in this subsection.
19 (b) When a defendant is placed on probation, the court 
20shall enter an order specifying a period of probation of not 
21less than 24 months and shall defer further proceedings in the 
22case until the conclusion of the period or until the filing of 
23a petition alleging violation of a term or condition of 
24probation.
25 (c) The conditions of probation shall be that the 
26defendant:
 
 
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1  (1) not violate any criminal statute of this State or 
2 any other jurisdiction;
3  (2) refrain from possessing a firearm or other 
4 dangerous weapon;
5  (3) make full restitution to the victim or property 
6 owner under Section 5-5-6 of this Code;
7  (4) obtain or attempt to obtain employment;
8  (5) pay fines and costs;
9  (6) attend educational courses designed to prepare the 
10 defendant for obtaining a high school diploma or to work 
11 toward passing high school equivalency testing or to work 
12 toward completing a vocational training program;
13  (7) submit to periodic drug testing at a time and in a 
14 manner as ordered by the court, but no less than 3 times 
15 during the period of probation, with the cost of the 
16 testing to be paid by the defendant; and
17  (8) perform a minimum of 30 hours of community service.
18 (d) The court may, in addition to other conditions, require 
19that the defendant:
20  (1) make a report to and appear in person before or 
21 participate with the court or such courts, person, or 
22 social service agency as directed by the court in the order 
23 of probation;
24  (2) undergo medical or psychiatric treatment, or 
25 treatment or rehabilitation approved by the Illinois 
26 Department of Human Services;
 
 
10000SB1722sam004- 112 -LRB100 11347 RLC 24987 a


1  (3) attend or reside in a facility established for the 
2 instruction or residence of defendants on probation;
3  (4) support his or her dependents; or
4  (5) refrain from having in his or her body the presence 
5 of any illicit drug prohibited by the Methamphetamine 
6 Control and Community Protection Act, the Cannabis Control 
7 Act, or the Illinois Controlled Substances Act, unless 
8 prescribed by a physician, and submit samples of his or her 
9 blood or urine or both for tests to determine the presence 
10 of any illicit drug.
11 (e) Upon violation of a term or condition of probation, the 
12court may enter a judgment on its original finding of guilt and 
13proceed as otherwise provided by law.
14 (f) Upon fulfillment of the terms and conditions of 
15probation, the court shall discharge the person and dismiss the 
16proceedings against the person.
17 (g) A disposition of probation is considered to be a 
18conviction for the purposes of imposing the conditions of 
19probation and for appeal; however, a discharge and dismissal 
20under this Section is not a conviction for purposes of this 
21Code or for purposes of disqualifications or disabilities 
22imposed by law upon conviction of a crime.
23 (h) A person may only have There may be only one discharge 
24and dismissal under this Section within a 4-year period , 
25Section 410 of the Illinois Controlled Substances Act, Section 
2670 of the Methamphetamine Control and Community Protection Act, 
 
 
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1Section 10 of the Cannabis Control Act, Treatment Alternatives 
2for Criminal Justice Clients (TASC) under Article 40 of the 
3Alcoholism and Other Drug Abuse and Dependency Act, the 
4Offender Initiative Program under Section 5-6-3.3 of this Code, 
5and subsection (c) of Section 11-14 of the Criminal Code of 
62012 with respect to any person.
7 (i) If a person is convicted of any offense which occurred 
8within 5 years subsequent to a discharge and dismissal under 
9this Section, the discharge and dismissal under this Section 
10shall be admissible in the sentencing proceeding for that 
11conviction as evidence in aggravation.

12 (j) Notwithstanding subsection (a), if the court finds that 
13the defendant suffers from a substance abuse problem, then 
14before the person is placed on probation under this Section, 
15the court may refer the person to the drug court established in 
16that judicial circuit pursuant to Section 15 of the Drug Court 
17Treatment Act. The drug court team shall evaluate the person's 
18likelihood of successfully fulfilling the terms and conditions 
19of probation under this Section and shall report the results of 
20its evaluation to the court. If the drug court team finds that 
21the person suffers from a substance abuse problem that makes 
22him or her substantially unlikely to successfully fulfill the 
23terms and conditions of probation under this Section, then the 
24drug court shall set forth its findings in the form of a 
25written order, and the person shall be ineligible to be placed 
26on probation under this Section, but shall may be considered 
 
 
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1for the drug court program.
2(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, 
3eff. 9-9-15.)

4 (730 ILCS 5/5-8-8)
5 (Section scheduled to be repealed on December 31, 2020)
6 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
7 (a) Creation. There is created under the jurisdiction of 
8the Governor the Illinois Sentencing Policy Advisory Council, 
9hereinafter referred to as the Council.
10 (b) Purposes and goals. The purpose of the Council is to 
11review sentencing policies and practices and examine how these 
12policies and practices impact the criminal justice system as a 
13whole in the State of Illinois.
In carrying out its duties, the 
14Council shall be mindful of and aim to achieve the purposes of

15sentencing in Illinois, which are set out in Section 1-1-2 of 
16this Code:
17  (1) prescribe sanctions proportionate to the 
18 seriousness of the offenses and permit the recognition of 
19 differences in rehabilitation possibilities among 
20 individual offenders;
21  (2) forbid and prevent the commission of offenses;
22  (3) prevent arbitrary or oppressive treatment of 
23 persons adjudicated offenders or delinquents; and
24  (4) restore offenders to useful citizenship.
25 (c) Council composition.
 
 
10000SB1722sam004- 115 -LRB100 11347 RLC 24987 a


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

4 selected by the members of the Council designated in 
5 clauses (c)(1)(A) through (L);
6   (N) a representative of a community-based 
7 organization, selected by the members of
the Council 
8 designated in clauses (c)(1)(A) through (L);
9   (O) a criminal justice academic researcher, to be 
10 selected by the members of the
Council designated in 
11 clauses (c)(1)(A) through (L);
12   (P) a representative of law enforcement from a unit 
13 of local government to be
selected by the members of 
14 the Council designated in clauses (c)(1)(A) through 
15 (L);
16   (Q) a sheriff selected by the members of the 
17 Council designated in clauses (c)(1)(A) through (L); 
18 and 
19   (R) ex-officio members shall include:
20    (i) the Director of Corrections, or his or her 
21 designee;
22    (ii) the Chair of the Prisoner Review Board, or 
23 his or her designee;
24    (iii) the Director of the Illinois State 
25 Police, or his or her designee; and 
26    (iv) the Director of the Illinois Criminal 
 
 
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1 Justice Information Authority, or his
or her 
2 designee.
3  (1.5) The Chair and Vice Chair shall be elected from 
4 among its members by a majority of the members of the 
5 Council.
6  (2) Members of the Council who serve because of their 
7 public office or position, or those who are designated as 
8 members by such officials, shall serve only as long as they 
9 hold such office or position.
10  (3) Council members shall serve without compensation 
11 but shall be reimbursed for travel and per diem expenses 
12 incurred in their work for the Council.
13  (4) The Council may exercise any power, perform any 
14 function, take any action, or do anything in furtherance of 
15 its purposes and goals
upon the appointment of a quorum of 
16 its members. The term of office of each member of the 
17 Council ends on the date of repeal of this amendatory Act 
18 of the 96th General Assembly. 
19 (d) Duties. The Council shall perform, as resources permit, 
20duties including:
21  (1) Collect and analyze information including 
22 sentencing data, crime trends, and existing correctional 
23 resources to support legislative and executive action 
24 affecting the use of correctional resources on the State 
25 and local levels.
26  (2) Prepare criminal justice population projections 
 
 
10000SB1722sam004- 118 -LRB100 11347 RLC 24987 a


1 annually, including correctional and community-based 
2 supervision populations.
3  (3) Analyze data relevant to proposed sentencing 
4 legislation and its effect on current policies or 
5 practices, and provide information to support 
6 evidence-based sentencing.
7  (4) Ensure that adequate resources and facilities are 
8 available for carrying out sentences imposed on offenders 
9 and that rational priorities are established for the use of 
10 those resources. To do so, the Council shall prepare 
11 criminal justice resource statements, identifying the 
12 fiscal and practical effects of proposed criminal 
13 sentencing legislation, including, but not limited to, the 
14 correctional population, court processes, and county or 
15 local government resources.
16  (4.5) Study and conduct a thorough analysis of 
17 sentencing under Section 5-4.5-110 of this Code. The 
18 Sentencing Policy Advisory Council shall provide annual 
19 reports to the Governor and General Assembly, including the 
20 total number of persons sentenced under Section 5-4.5-110 
21 of this Code, the total number of departures from sentences 
22 under Section 5-4.5-110 of this Code, and an analysis of 
23 trends in sentencing and departures. On or before December 
24 31, 2022, the Sentencing Policy Advisory Council shall 
25 provide a report to the Governor and General Assembly on 
26 the effectiveness of sentencing under Section 5-4.5-110 of 
 
 
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1 this Code, including recommendations on whether sentencing 
2 under Section 5-4.5-110 of this Code should be adjusted or 
3 continued. 
4  (5) Perform such other studies or tasks pertaining to 
5 sentencing policies as may be requested by the Governor or 
6 the Illinois General Assembly.
7  (6) Perform such other functions as may be required by 
8 law or as are necessary to carry out the purposes and goals 
9 of the Council prescribed in subsection (b).
10  (7) Publish a report on the trends in sentencing for 
11 offenders described in subsection (b-1) of Section 5-4-1 of 
12 this Code, the impact of the trends on the prison and 
13 probation populations, and any changes in the racial 
14 composition of the prison and probation populations that 
15 can be attributed to the changes made by adding subsection 
16 (b-1) of Section 5-4-1 to this Code by Public Act 99-861 
17 this amendatory Act of the 99th General Assembly.
18 (e) Authority.
19  (1) The Council shall have the power to perform the 
20 functions necessary to carry out its duties, purposes and 
21 goals under this Act. In so doing, the Council shall 
22 utilize information and analysis developed by the Illinois 
23 Criminal Justice Information Authority, the Administrative 
24 Office of the Illinois Courts, and the Illinois Department 
25 of Corrections.
26  (2) Upon request from the Council, each executive 
 
 
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1 agency and department of State and local government shall 
2 provide information and records to the Council in the 
3 execution of its duties.
4 (f) Report. The Council shall report in writing annually to 
5the General Assembly, the Illinois Supreme Court, and the 
6Governor.
7 (g) This Section is repealed on December 31, 2020. 

8(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; 
999-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)


10 Section 95. No acceleration or delay. Where this Act makes 
11changes in a statute that is represented in this Act by text 
12that is not yet or no longer in effect (for example, a Section 
13represented by multiple versions), the use of that text does 
14not accelerate or delay the taking effect of (i) the changes 
15made by this Act or (ii) provisions derived from any other 
16Public Act.".