Sen. Antonio Muņoz
Filed: 3/3/2017
 
 


 




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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 10. The Clerks of Courts Act is amended by changing 
10Section 14 as follows:




11 (705 ILCS 105/14) (from Ch. 25, par. 14)



12 Sec. 14. 
The clerks shall enter of record all judgments and 
13orders of
their respective courts, as soon after the rendition 
14or making thereof
as practicable.

15 Immediately after a judgment of dissolution of marriage or 
16declaration
of invalidity of marriage is
granted in this State, 
17the clerk of the court which granted the judgment
of 
18dissolution of marriage or declaration of invalidity of 
19marriage shall
complete and sign the form
furnished by the 
20Department of Public Health, and forward such form to
the 
21Department of Public Health within 45 days after the close of 
22the
month in which the judgment is rendered. 
23 The clerk of the circuit court of each county shall, on a 
24monthly basis, provide electronic copies of sentencing orders 
 
 
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1of persons sentenced under Section 5-4.5-110 of the Unified 
2Code of Corrections to the Sentencing Policy Advisory Council 
3for the purposes of analysis and reporting. 

4(Source: P.A. 83-346.)


5 Section 15. The Criminal Code of 2012 is amended by 
6changing Sections 19-1, 24-1.1, and 24-1.6 as follows:




7 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)



8 Sec. 19-1. Burglary. 

9 (a) A person commits burglary when without authority he or 
10she knowingly enters
or without authority remains within a 
11building, housetrailer, watercraft,
aircraft, motor vehicle, 
12railroad
car, or any part thereof, with intent to commit 
13therein a felony or theft.
This offense shall not include the 
14offenses set out in Section 4-102 of the
Illinois Vehicle Code.

15 (b) Sentence.

16 Burglary committed in, and without causing damage to, a 
17watercraft, aircraft, motor vehicle, railroad car, or any part 
18thereof is a Class 3 felony. Burglary committed in a building, 
19housetrailer, or any part thereof or while causing damage to a 
20watercraft, aircraft, motor vehicle, railroad car, or any part 
21thereof is a Class 2 felony. A burglary committed in a school, 
22day care center, day care home, group day care home, or part 
23day child care facility, or place of
worship is a
Class 1 
24felony, except that this provision does not apply to a day care 
 
 
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1center, day care home, group day care home, or part day child 
2care facility operated in a private residence used as a 
3dwelling.

4 (c) Regarding penalties prescribed in subsection
(b) for 
5violations committed in a day care center, day care home, group 
6day care home, or part day child care facility, the time of 
7day, time of year, and whether children under 18 years of age 
8were present in the day care center, day care home, group day 
9care home, or part day child care facility are irrelevant. 
10(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)





11 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


12 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 
13Felons or
Persons in the Custody of the
Department of 
14Corrections Facilities.
15 (a) It is unlawful
for a person to knowingly possess on or 
16about his person or on his land or
in his own abode or fixed 
17place of business any weapon prohibited under
Section 24-1 of 
18this Act or any firearm or any firearm ammunition if the
person 
19has been convicted of a felony under the laws of this State or 
20any
other jurisdiction. This Section shall not apply if the 
21person has been
granted relief by the Director of the 
22Department of State Police
under Section 10 of the Firearm 
23Owners Identification
Card Act.

24 (b) It is unlawful for any person confined in a penal 
25institution,
which is a facility of the Illinois Department of 
 
 
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1Corrections, to possess
any weapon prohibited under Section 
224-1 of this Code or any firearm or
firearm ammunition, 
3regardless of the intent with which he possesses it.

4 (c) It shall be an affirmative defense to a violation of 
5subsection (b), that such possession was specifically 
6authorized by rule,
regulation, or directive of the Illinois 
7Department of Corrections or order
issued pursuant thereto.

8 (d) The defense of necessity is not available to a person 
9who is charged
with a violation of subsection (b) of this 
10Section.

11 (e) Sentence. Violation of this Section by a person not 
12confined
in a penal institution shall be a Class 3 felony
for 
13which the person shall be sentenced to no less than 2 years and 
14no
more than 10 years. A and any second or subsequent violation 
15of this Section shall be a Class 2 felony for which the person 
16shall be sentenced to a term of imprisonment of not less than 3 
17years and not more than 14 years, except as provided for in 
18Section 5-4.5-110 of the Unified Code of Corrections. Violation 
19of this Section by a person not confined in a
penal institution 
20who has been convicted of a forcible felony, a felony
violation 
21of Article 24 of this Code or of the Firearm Owners 
22Identification
Card Act, stalking or aggravated stalking, or a 
23Class 2 or greater felony
under the Illinois Controlled 
24Substances Act, the Cannabis Control Act, or the 
25Methamphetamine Control and Community Protection Act is a
Class 
262 felony for which the person
shall be sentenced to not less 
 
 
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1than 3 years and not more than 14 years, except as provided for 
2in Section 5-4.5-110 of the Unified Code of Corrections.

3Violation of this Section by a person who is on parole or 
4mandatory supervised
release is a Class 2 felony for which the 
5person shall be sentenced to not less than 3 years and not more 
6than 14
years, except as provided for in Section 5-4.5-110 of 
7the Unified Code of Corrections. Violation of this Section by a 
8person not confined in a penal
institution is a Class X felony 
9when the firearm possessed is a machine gun.
Any person who 
10violates this Section while confined in a penal
institution, 
11which is a facility of the Illinois Department of
Corrections, 
12is guilty of a Class 1
felony, if he possesses any weapon 
13prohibited under Section 24-1 of this
Code regardless of the 
14intent with which he possesses it, a Class X
felony if he 
15possesses any firearm, firearm ammunition or explosive, and a

16Class X felony for which the offender shall be sentenced to not 
17less than 12
years and not more than 50 years when the firearm 
18possessed is a machine
gun. A violation of this Section while 
19wearing or in possession of body armor as defined in Section 
2033F-1 is a Class X felony punishable by a term of imprisonment 
21of not less than 10 years and not more than 40 years.
The 
22possession of each firearm or firearm ammunition in violation 
23of this Section constitutes a single and separate violation.

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


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

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

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

8 Section 20. The Cannabis Control Act is amended by changing 
9Sections 5.2 and 10 as follows:




10 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)



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

12 (a) Any person who violates subsection (e) of Section 5 in 
13any school,
on the real property comprising any school, or any 
14conveyance owned, leased
or contracted by a school to transport 
15students to or from school or a
school related activity, or on 
16any public way within
500 1,000 feet of the real property 
17comprising any school, or in any conveyance
owned, leased or 
18contracted by a school to transport students to or from
school 
19or a school related activity, and at the time of the violation 
20persons under the age of 18 are present, the offense is 
21committed during school hours, or the offense is committed at 
22times when persons under the age of 18 are reasonably expected 
23to be present in the school, in the conveyance, on the real 
24property, or on the public way, such as when after-school 
 
 
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1activities are occurring, is guilty of a Class
1 felony, the 
2fine for which shall not exceed $200,000;

3 (b) Any person who violates subsection (d) of Section 5 in 
4any school,
on the real property comprising any school, or any 
5conveyance owned, leased
or contracted by a school to transport 
6students to or from school or a
school related activity, or on 
7any public way within 500 1,000 feet of the real
property 
8comprising any school, or in any conveyance owned, leased or

9contracted by a school to transport students to or from school 
10or a school
related activity, and at the time of the violation 
11persons under the age of 18 are present, the offense is 
12committed during school hours, or the offense is committed at 
13times when persons under the age of 18 are reasonably expected 
14to be present in the school, in the conveyance, on the real 
15property, or on the public way, such as when after-school 
16activities are occurring, is guilty of a Class 2 felony, the 
17fine for which shall
not exceed $100,000;

18 (c) Any person who violates subsection (c) of Section 5 in 
19any school,
on the real property comprising any school, or any 
20conveyance owned, leased
or contracted by a school to transport 
21students to or from school or a
school related activity, or on 
22any public way within 500 1,000 feet of the real
property 
23comprising any school, or in any conveyance owned, leased or

24contracted by a school to transport students to or from school 
25or a school
related activity, and at the time of the violation 
26persons 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 3 felony, the 
6fine for which shall
not exceed $50,000;

7 (d) Any person who violates subsection (b) 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 4 felony, the 
21fine for which shall
not exceed $25,000;

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

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

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





11 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)



12 Sec. 10. (a)
Whenever any person who has not previously 
13been convicted of, or placed
on probation or court supervision 
14for, any felony offense under this Act or any
law of the United 
15States or of any State relating to cannabis, or controlled

16substances as defined in the Illinois Controlled Substances 
17Act, pleads
guilty to or is found guilty of violating Sections 
184(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court 
19may, without entering a
judgment and with the consent of such 
20person, sentence him 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.

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

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

12that the person:

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

17  (2) pay a fine and costs;

18  (3) work or pursue a course of study or vocational 
19 training;

20  (4) undergo medical or psychiatric treatment; or 
21 treatment for drug
addiction or alcoholism;

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

24  (6) support his dependents;

25  (7) refrain from possessing a firearm or other 
26 dangerous weapon;

 
 
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1  (7-5) refrain from having in his or her body the 
2 presence of any illicit
drug prohibited by the Cannabis 
3 Control Act, the Illinois Controlled
Substances Act, or the 
4 Methamphetamine Control and Community Protection 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;

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

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

10   (ii) attend school;

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

12   (iv) contribute to his own support at home or in a 
13 foster home.

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

15court
may enter a judgment on its original finding of guilt and 
16proceed as otherwise
provided.

17 (f) Upon fulfillment of the terms and
conditions of 
18probation, the court shall discharge such person and dismiss

19the proceedings against him.

20 (g) A disposition of probation is considered to be a 
21conviction
for the purposes of imposing the conditions of 
22probation and for appeal,
however, discharge and dismissal 
23under this Section is not a conviction for
purposes of 
24disqualification or disabilities imposed by law upon 
25conviction of
a crime (including the additional penalty imposed 
26for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) 
 
 
10000SB1722sam001- 21 -LRB100 11347 RLC 23026 a


1of this Act).

2 (h) A person may not have more than one discharge Discharge 
3and dismissal under this Section within a 4-year period ,

4Section 410 of the Illinois Controlled Substances Act, Section 
570 of the Methamphetamine Control and Community Protection Act, 
6Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, 
7or subsection (c) of Section 11-14 of the Criminal Code of 1961 
8or the Criminal Code of 2012 may occur only once
with respect 
9to any person.

10 (i) If a person is convicted of an offense under this Act, 
11the Illinois
Controlled Substances Act, or the Methamphetamine 
12Control and Community Protection Act within 5 years
subsequent 
13to a discharge and dismissal under this Section, the discharge 
14and
dismissal under this Section shall be admissible in the 
15sentencing proceeding
for that conviction
as a factor in 
16aggravation.

17 (j) Notwithstanding subsection (a), before a person is 
18sentenced to probation under this Section, the court may refer 
19the person to the drug court established in that judicial 
20circuit pursuant to Section 15 of the Drug Court Treatment Act. 
21The drug court team shall evaluate the person's likelihood of 
22successfully completing a sentence of probation under this 
23Section and shall report the results of its evaluation to the 
24court. If the drug court team finds that the person suffers 
25from a substance abuse problem that makes him or her 
26substantially unlikely to successfully complete a sentence of 
 
 
10000SB1722sam001- 22 -LRB100 11347 RLC 23026 a


1probation under this Section, then the drug court shall set 
2forth its findings in the form of a written order, and the 
3person shall not be sentenced to probation under this Section, 
4but shall may be considered for the drug court program.
5(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)


6 Section 25. The Illinois Controlled Substances Act is 
7amended by changing Sections 401, 402, 407, and 410 as follows:



8 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)


9 Sec. 401. Manufacture or delivery, or possession with 
10intent to
manufacture or deliver, a controlled substance, a 
11counterfeit substance, or controlled substance analog. Except 
12as authorized by this Act, it is unlawful for any
person 
13knowingly to manufacture or deliver, or possess with intent to

14manufacture or deliver, a controlled substance other than 
15methamphetamine and other than bath salts as defined in the 
16Bath Salts Prohibition Act sold or offered for sale in a retail 
17mercantile establishment as defined in Section 16-0.1 of the 
18Criminal Code of 2012, a counterfeit substance, or a controlled

19substance analog. A violation of this Act with respect to each 
20of the controlled
substances listed herein constitutes a single 
21and separate violation of this
Act. For purposes of this 
22Section, "controlled substance analog" or "analog"
means a 
23substance, other than a controlled substance, that has a 
24chemical structure substantially similar to that of a 
 
 
10000SB1722sam001- 23 -LRB100 11347 RLC 23026 a


1controlled
substance in Schedule I or II, or that was 
2specifically designed to produce
an effect substantially 
3similar to that of a controlled substance in Schedule
I or II. 
4Examples of chemical classes in which controlled substance 
5analogs
are found include, but are not limited to, the 
6following: phenethylamines,
N-substituted piperidines, 
7morphinans, ecgonines, quinazolinones, substituted
indoles, 
8and arylcycloalkylamines. For purposes of this Act, a 
9controlled
substance analog shall be treated in the same manner 
10as the controlled
substance to which it is substantially 
11similar.

12 (a) Any person who violates this Section with respect to 
13the following
amounts of controlled or counterfeit substances 
14or controlled substance
analogs, notwithstanding any of the 
15provisions of subsections (c),
(d), (e), (f), (g) or (h) to the 
16contrary, is guilty of a Class X felony
and shall be sentenced 
17to a term of imprisonment as provided in this subsection
(a) 
18and fined as provided in subsection (b):

19  (1) (A) not less than 6 years and not more than 30 
20 years with respect
to 15 grams or more but less than 
21 400 100 grams of a substance containing
heroin, or an 
22 analog thereof;

23   (B) not less than 6 9 years and not more than 40 
24 years with respect to 400 100
grams or more but less 
25 than 900 400 grams of a substance containing heroin, or

26 an analog thereof;

 
 
10000SB1722sam001- 24 -LRB100 11347 RLC 23026 a


1   (C) not less than 6 12 years and not more than 50 
2 years with respect to 900
400 grams or more but less 
3 than 900 grams of a substance containing heroin,
or an 
4 analog thereof;

5   (D) (blank); not less than 15 years and not more 
6 than 60 years with respect to
900 grams or more of any 
7 substance containing heroin, or an analog thereof;

8  (1.5) (A) not less than 6 years and not more than 30 
9 years with respect to 15 grams or more but less than 
10 400 100 grams of a substance containing fentanyl, or an 
11 analog thereof;
12   (B) not less than 6 9 years and not more than 40 
13 years with respect to 400 100 grams or more but less 
14 than 900 400 grams of a substance containing fentanyl, 
15 or an analog thereof;
16   (C) not less than 6 12 years and not more than 50 
17 years with respect to 900 400 grams or more but less 
18 than 900 grams of a substance containing fentanyl, or 
19 an analog thereof;
20   (D) (blank); not less than 15 years and not more 
21 than 60 years with respect to 900 grams or more of a 
22 substance containing fentanyl, or an analog thereof;
23  (2) (A) not less than 6 years and not more than 30 
24 years with respect
to 15 grams or more but less than 
25 400 100 grams of a substance containing
cocaine, or an 
26 analog thereof;

 
 
10000SB1722sam001- 25 -LRB100 11347 RLC 23026 a


1   (B) not less than 6 9 years and not more than 40 
2 years with respect to 400 100
grams or more but less 
3 than 900 400 grams of a substance containing cocaine, 
4 or
an analog thereof;

5   (C) not less than 6 12 years and not more than 50 
6 years with respect to
900 400 grams or more but less 
7 than 900 grams of a substance containing cocaine,
or an 
8 analog thereof;

9   (D) (blank); not less than 15 years and not more 
10 than 60 years with respect to
900 grams or more of any 
11 substance containing cocaine, or an analog thereof;

12  (3) (A) not less than 6 years and not more than 30 
13 years with respect
to 15 grams or more but less than 
14 400 100 grams of a substance containing
morphine, or an 
15 analog thereof;

16   (B) not less than 6 9 years and not more than 40 
17 years with respect to
400 100 grams or more but less 
18 than 900 400 grams of a substance containing morphine,

19 or an analog thereof;

20   (C) not less than 6 12 years and not more than 50 
21 years with respect to 900
400 grams or more but less 
22 than 900 grams of a substance containing
morphine, or 
23 an analog thereof;

24   (D) (blank); not less than 15 years and not more 
25 than 60 years with respect to
900 grams or more of a 
26 substance containing morphine, or an analog thereof;

 
 
10000SB1722sam001- 26 -LRB100 11347 RLC 23026 a


1  (4) 200 grams or more of any substance containing 
2 peyote, or an
analog thereof;

3  (5) 200 grams or more of any substance containing a 
4 derivative of
barbituric acid or any of the salts of a 
5 derivative of barbituric acid, or
an analog thereof;

6  (6) 200 grams or more of any substance containing 
7 amphetamine
or any salt of an optical isomer of 
8 amphetamine,
or an analog thereof;

9  (6.5) (blank);

10  (6.6) (blank);

11  (7) (A) not less than 6 years and not more than 30 
12 years with respect
to: (i) 15 grams or more but less 
13 than 400 100 grams of a substance containing
lysergic 
14 acid diethylamide (LSD), or an analog thereof, or (ii) 
15 15 or
more objects or 15 or more segregated parts of an 
16 object or objects but
less than 800 200 objects or 800 
17 200 segregated parts of an object or objects
containing 
18 in them or having upon them any amounts of any 
19 substance
containing lysergic acid diethylamide (LSD), 
20 or an analog thereof;

21   (B) not less than 6 9 years and not more than 40 
22 years with respect
to: (i) 400 100 grams or more but 
23 less than 900 400 grams of a substance containing

24 lysergic acid diethylamide (LSD), or an analog 
25 thereof, or (ii) 800 200 or more
objects or 800 200 or 
26 more segregated parts of an object or objects but less

 
 
10000SB1722sam001- 27 -LRB100 11347 RLC 23026 a


1 than 2400 600 objects or less than 2400 600 segregated 
2 parts of an object or objects
containing in them or 
3 having upon them any amount of any substance
containing 
4 lysergic acid diethylamide (LSD), or an analog 
5 thereof;

6   (C) not less than 6 12 years and not more than 50 
7 years with respect
to: (i) 900 400 grams or more but 
8 less than 900 grams of a substance containing
lysergic 
9 acid diethylamide (LSD), or an analog thereof, or (ii) 
10 2400 600 or more
objects or 2400 600 or more segregated 
11 parts of an object or objects but less
than 1500 
12 objects or 1500 segregated parts of an object or 
13 objects
containing in them or having upon them any 
14 amount of any substance
containing lysergic acid 
15 diethylamide (LSD), or an analog thereof;

16   (D) (blank); not less than 15 years and not more 
17 than 60 years with respect
to: (i) 900 grams or more of 
18 any substance containing lysergic acid
diethylamide 
19 (LSD), or an analog thereof, or (ii) 1500 or more 
20 objects or
1500 or more segregated parts of an object 
21 or objects containing in them or
having upon them any 
22 amount of a substance containing lysergic acid

23 diethylamide (LSD), or an analog thereof;

24  (7.5) (A) not less than 6 years and not more than 30 
25 years with respect
to:
(i) 15
grams or more but less 
26 than 400 100 grams of a substance listed in paragraph 
 
 
10000SB1722sam001- 28 -LRB100 11347 RLC 23026 a


1 (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), 
2 (20.1), (21), (25), or (26) of subsection
(d) of 
3 Section 204, or an analog or derivative thereof, or 
4 (ii) 15 or more
pills, tablets, caplets, capsules, or 
5 objects but less than 800 200 pills, tablets,
caplets, 
6 capsules, or objects containing in them or having upon 
7 them any
amounts of any substance listed in paragraph 
8 (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), 
9 (20.1), (21), (25), or (26) of subsection (d) of 
10 Section 204, or
an analog or derivative thereof;

11   (B) not less than 6 9 years and not more than 40 
12 years with respect to:
(i) 400 100 grams or more but 
13 less than 900 400 grams of a substance listed in

14 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), 
15 (20),
(20.1), (21), (25), or (26) of subsection (d) of 
16 Section 204, or an analog or
derivative thereof, or 
17 (ii) 800 200 or more pills, tablets, caplets, capsules, 
18 or
objects but less than 2400 600 pills, tablets, 
19 caplets, capsules, or objects
containing in them or 
20 having upon them any amount of any substance listed in

21 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), 
22 (20), (20.1), (21), (25), or (26)
of subsection (d) of 
23 Section 204, or an analog or derivative thereof;

24   (C) not less than 6 12 years and not more than 50 
25 years with respect to:
(i) 900 400 grams or more but 
26 less than 900 grams of a substance listed in
paragraph 
 
 
10000SB1722sam001- 29 -LRB100 11347 RLC 23026 a


1 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
2 (20.1), (21), (25), or (26)
of subsection (d) of 
3 Section 204, or an analog or derivative thereof,
or 
4 (ii) 2400 600 or more pills, tablets, caplets, 
5 capsules, or objects but less than
1,500 pills, 
6 tablets, caplets, capsules, or objects
containing in 
7 them or having upon them any amount of any substance 
8 listed in
paragraph (1), (2), (2.1), (2.2), (3), 
9 (14.1), (19), (20), (20.1), (21), (25), or (26)
of 
10 subsection (d) of Section 204, or an analog or 
11 derivative thereof;

12   (D) (blank); not less than 15 years and not more 
13 than 60 years with respect to:
(i) 900 grams or more of 
14 any substance listed in paragraph (1), (2), (2.1),

15 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or 
16 (26) of subsection (d) of
Section 204, or an analog or 
17 derivative thereof, or (ii) 1,500 or more pills,

18 tablets, caplets, capsules, or objects containing in 
19 them or having upon them
any amount
of a substance 
20 listed in paragraph (1), (2), (2.1), (2.2), (3), 
21 (14.1), (19),
(20), (20.1), (21), (25), or (26)
of 
22 subsection (d) of Section 204, or an analog or 
23 derivative thereof;

24  (8) 30 grams or more of any substance containing 
25 pentazocine or any of
the salts, isomers and salts of 
26 isomers of pentazocine, or an analog thereof;

 
 
10000SB1722sam001- 30 -LRB100 11347 RLC 23026 a


1  (9) 30 grams or more of any substance containing 
2 methaqualone or any of
the salts, isomers and salts of 
3 isomers of methaqualone, or an analog thereof;

4  (10) 30 grams or more of any substance containing 
5 phencyclidine or any
of the salts, isomers and salts of 
6 isomers of phencyclidine (PCP),
or an analog thereof;

7  (10.5) 30 grams or more of any substance containing 
8 ketamine
or any of the salts, isomers and salts of isomers 
9 of ketamine,
or an analog thereof;

10  (10.6) 100 grams or more of any substance containing 
11 hydrocodone, or any of the salts, isomers and salts of 
12 isomers of hydrocodone, or an analog thereof;
13  (10.7) 100 grams or more of any substance containing 
14 dihydrocodeinone, or any of the salts, isomers and salts of 
15 isomers of dihydrocodeinone, or an analog thereof;
16  (10.8) 100 grams or more of any substance containing 
17 dihydrocodeine, or any of the salts, isomers and salts of 
18 isomers of dihydrocodeine, or an analog thereof;
19  (10.9) 100 grams or more of any substance containing 
20 oxycodone, or any of the salts, isomers and salts of 
21 isomers of oxycodone, or an analog thereof;
22  (11) 200 grams or more of any substance containing any 
23 other controlled
substance classified in Schedules I or II, 
24 or an analog thereof, which is
not otherwise included in 
25 this subsection.

26 (b) Any person sentenced with respect to violations of 
 
 
10000SB1722sam001- 31 -LRB100 11347 RLC 23026 a


1paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
2involving
100 grams or
more of the
controlled substance named 
3therein, may in addition to the penalties
provided therein, be 
4fined an amount not more than $500,000 or the full
street value 
5of the controlled or counterfeit substance or controlled 
6substance
analog, whichever is greater. The term "street value" 
7shall have the
meaning ascribed in Section 110-5 of the Code of 
8Criminal Procedure of
1963. Any person sentenced with respect 
9to any other provision of
subsection (a), may in addition to 
10the penalties provided therein, be fined
an amount not to 
11exceed $500,000.
12 (b-1) Excluding violations of this Act when the controlled 
13substance is fentanyl, any person sentenced to a term of 
14imprisonment with respect to violations of Section 401, 401.1, 
15405, 405.1, 405.2, or 407, when the substance containing the 
16controlled substance contains any amount of fentanyl, 3 years 
17shall be added to the term of imprisonment imposed by the 
18court, and the maximum sentence for the offense shall be 
19increased by 3 years.

20 (c) Any person who violates this Section with regard to the

21following amounts of controlled or counterfeit substances
or 
22controlled substance analogs, notwithstanding any of the 
23provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) 
24to the
contrary, is guilty of a Class 1 felony. The fine for 
25violation of this
subsection (c) shall not be more than 
26$250,000:

 
 
10000SB1722sam001- 32 -LRB100 11347 RLC 23026 a


1  (1) 1 gram or more but less than 15 grams of any

2 substance containing heroin, or an analog thereof;

3  (1.5) 1 gram or more but less than 15 grams of any 
4 substance containing fentanyl, or an analog thereof;
5  (2) 1 gram or more but less than 15
grams of any 
6 substance containing cocaine, or an analog thereof;

7  (3) 10 grams or more but less than 15 grams of any 
8 substance
containing morphine, or an analog thereof;

9  (4) 50 grams or more but less than 200 grams of any 
10 substance
containing peyote, or an analog thereof;

11  (5) 50 grams or more but less than 200 grams of any 
12 substance
containing a derivative of barbituric acid or any 
13 of the salts of a
derivative of barbituric acid, or an 
14 analog thereof;

15  (6) 50 grams or more but less than 200 grams of any 
16 substance
containing amphetamine or any salt of an optical 
17 isomer
of amphetamine, or an analog thereof;

18  (6.5) (blank);

19  (7) (i) 5 grams or more but less than 15 grams of any 
20 substance
containing lysergic acid diethylamide (LSD), or 
21 an analog thereof,
or (ii)
more than 10 objects or more 
22 than 10 segregated parts of an object or objects
but less 
23 than 15 objects or less than 15 segregated parts of an 
24 object
containing in them or having upon them any amount of 
25 any substance
containing lysergic acid diethylamide (LSD), 
26 or an analog thereof;

 
 
10000SB1722sam001- 33 -LRB100 11347 RLC 23026 a


1  (7.5) (i) 5 grams or more but less than 15 grams of any 
2 substance listed
in paragraph (1), (2), (2.1), (2.2), (3), 
3 (14.1), (19), (20), (20.1), (21), (25), or
(26) of 
4 subsection (d) of Section 204, or an analog or derivative 
5 thereof, or
(ii) more than 10 pills, tablets, caplets, 
6 capsules, or objects but less than
15 pills, tablets, 
7 caplets, capsules, or objects containing in them or having

8 upon them any amount of any substance listed in paragraph 
9 (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), 
10 (21), (25), or (26) of subsection (d) of
Section 204, or an 
11 analog or derivative thereof;

12  (8) 10 grams or more but less than 30 grams of any 
13 substance
containing pentazocine or any of the salts, 
14 isomers and salts of isomers of
pentazocine, or an analog 
15 thereof;

16  (9) 10 grams or more but less than 30 grams of any 
17 substance
containing methaqualone or any of the salts, 
18 isomers and salts of isomers
of methaqualone, or an analog 
19 thereof;

20  (10) 10 grams or more but less than 30 grams of any 
21 substance
containing phencyclidine or any of the salts, 
22 isomers and salts of isomers
of phencyclidine (PCP), or an 
23 analog thereof;

24  (10.5) 10 grams or more but less than 30 grams of any 
25 substance
containing ketamine or any of the salts, isomers 
26 and salts of
isomers of ketamine, or an analog thereof;

 
 
10000SB1722sam001- 34 -LRB100 11347 RLC 23026 a


1  (10.6) 50 grams or more but less than 100 grams of any 
2 substance containing hydrocodone, or any of the salts, 
3 isomers and salts of isomers of hydrocodone, or an analog 
4 thereof;
5  (10.7) 50 grams or more but less than 100 grams of any 
6 substance containing dihydrocodeinone, or any of the 
7 salts, isomers and salts of isomers of dihydrocodeinone, or 
8 an analog thereof;
9  (10.8) 50 grams or more but less than 100 grams of any 
10 substance containing dihydrocodeine, or any of the salts, 
11 isomers and salts of isomers of dihydrocodeine, or an 
12 analog thereof;
13  (10.9) 50 grams or more but less than 100 grams of any 
14 substance containing oxycodone, or any of the salts, 
15 isomers and salts of isomers of oxycodone, or an analog 
16 thereof;
17  (11) 50 grams or more but less than 200 grams of any 
18 substance
containing a substance classified in Schedules I 
19 or II, or an analog
thereof, which is not otherwise 
20 included in this subsection.

21 (c-5) (Blank).

22 (d) Any person who violates this Section with regard to any 
23other
amount of a controlled or counterfeit substance 
24containing dihydrocodeinone or dihydrocodeine or classified in

25Schedules I or II, or an analog thereof, which is (i) a 
26narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an 
 
 
10000SB1722sam001- 35 -LRB100 11347 RLC 23026 a


1analog thereof,
(iii) any
substance containing amphetamine or 
2fentanyl or any salt or optical
isomer of amphetamine or 
3fentanyl, or an analog thereof, or (iv) any
substance 
4containing N-Benzylpiperazine (BZP) or any salt or optical

5isomer of N-Benzylpiperazine (BZP), or an analog thereof, is 
6guilty
of a Class 2 felony. The fine for violation of this 
7subsection (d) shall
not be more than $200,000.

8 (d-5) (Blank).

9 (e) Any person who violates this Section with regard to any 
10other
amount of a controlled substance other than 
11methamphetamine or counterfeit substance classified in

12Schedule I or II, or an analog thereof, which substance is not

13included under subsection (d) of this Section, is
guilty of a 
14Class 3 felony. The fine for violation of this subsection (e)

15shall not be more than $150,000.

16 (f) Any person who violates this Section with regard to any 
17other
amount of a controlled or counterfeit substance 
18classified in
Schedule III is guilty of a Class 3 felony. The 
19fine for violation of
this subsection (f) shall not be more 
20than $125,000.

21 (g) Any person who violates this Section with regard to any 
22other
amount of a controlled or counterfeit substance 
23classified
in Schedule IV is guilty of a Class 3 felony. The 
24fine for violation of
this subsection (g) shall not be more 
25than $100,000.

26 (h) Any person who violates this Section with regard to any 
 
 
10000SB1722sam001- 36 -LRB100 11347 RLC 23026 a


1other
amount of a controlled or counterfeit substance 
2classified in
Schedule V is guilty of a Class 3 felony. The 
3fine for violation of this
subsection (h) shall not be more 
4than $75,000.

5 (i) This Section does not apply to the manufacture, 
6possession or
distribution of a substance in conformance with 
7the provisions of an approved
new drug application or an 
8exemption for investigational use within the
meaning of Section 
9505 of the Federal Food, Drug and Cosmetic Act.

10 (j) (Blank).

11(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)




12 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)



13 Sec. 402. Except as otherwise authorized by this Act, it is 
14unlawful for
any person knowingly to possess a controlled or 
15counterfeit substance or controlled substance analog.
A 
16violation of this Act with respect to each of the controlled 
17substances
listed herein constitutes a single and separate 
18violation of this Act. For purposes of this Section, 
19"controlled substance analog" or "analog"
means a substance, 
20other than a controlled substance, that has a chemical 
21structure substantially similar to that of a controlled

22substance in Schedule I or II, or that was specifically 
23designed to produce
an effect substantially similar to that of 
24a controlled substance in Schedule
I or II. Examples of 
25chemical classes in which controlled substance analogs
are 
 
 
10000SB1722sam001- 37 -LRB100 11347 RLC 23026 a


1found include, but are not limited to, the following: 
2phenethylamines,
N-substituted piperidines, morphinans, 
3ecgonines, quinazolinones, substituted
indoles, and 
4arylcycloalkylamines. For purposes of this Act, a controlled

5substance analog shall be treated in the same manner as the 
6controlled
substance to which it is substantially similar.


7 (a) Any person who violates this Section with respect to 
8the following
controlled or counterfeit substances and 
9amounts, notwithstanding any of the
provisions of subsections 
10(c) and (d) to the
contrary, is guilty of a Class 1 felony and 
11shall, if sentenced to a term
of imprisonment, shall be 
12sentenced as provided in this subsection (a) and fined
as 
13provided in subsection (b):

14  (1) (A) a person in possession of not less than 4 years 
15 and not more than 15 years with respect
to 15 grams or 
16 more but less than 50 100 grams of a substance 
17 containing heroin is guilty of a Class 3 felony;

18   (B) a person in possession of 50 not less than 6 
19 years and not more than 30 years with respect to 100

20 grams or more but less than 100 400 grams of a 
21 substance containing heroin is guilty of a Class 2 
22 felony;

23   (C) a person in possession of more than 100 not 
24 less than 8 years and not more than 40 years with 
25 respect to 400
grams or more but less than 900 grams of 
26 any substance containing heroin is guilty of a Class 1 
 
 
10000SB1722sam001- 38 -LRB100 11347 RLC 23026 a


1 felony;

2   (D) (blank); not less than 10 years and not more 
3 than 50 years with respect to
900 grams or more of any 
4 substance containing heroin;

5  (2) (A) a person in possession of not less than 4 years 
6 and not more than 15 years with respect
to 15 grams or 
7 more but less than 50 100 grams of any substance 
8 containing
cocaine is guilty of a Class 3 felony;

9   (B) a person in possession of 50 not less than 6 
10 years and not more than 30 years with respect to 100

11 grams or more but less than 100 400 grams of any 
12 substance containing cocaine is guilty of a Class 2 
13 felony;

14   (C) a person in possession of more than 100 not 
15 less than 8 years and not more than 40 years with 
16 respect to 400
grams or more but less than 900 grams of 
17 any substance containing cocaine is guilty of a Class 1 
18 felony;

19   (D) (blank); not less than 10 years and not more 
20 than 50 years with respect to
900 grams or more of any 
21 substance containing cocaine;

22  (3) (A) a person in possession of not less than 4 years 
23 and not more than 15 years with respect
to 15 grams or 
24 more but less than 50 100 grams of any substance 
25 containing
morphine is guilty of a Class 3 felony;

26   (B) a person in possession of 50 not less than 6 
 
 
10000SB1722sam001- 39 -LRB100 11347 RLC 23026 a


1 years and not more than 30 years with respect to 100

2 grams or more but less than 100 400 grams of any 
3 substance containing morphine is guilty of a Class 2 
4 felony;

5   (C) a person in possession of more than 100 not 
6 less than 6 years and not more than 40 years with 
7 respect to 400
grams or more but less than 900 grams of 
8 any substance containing morphine is guilty of a Class 
9 1 felony;

10   (D) (blank); not less than 10 years and not more 
11 than 50 years with respect to
900 grams or more of any 
12 substance containing morphine;

13  (4) a person in possession of 200 grams or more of any 
14 substance containing peyote is guilty of a Class 1 felony;

15  (5) a person in possession of 200 grams or more of any 
16 substance containing a derivative of
barbituric acid or any 
17 of the salts of a derivative of barbituric acid is guilty 
18 of a Class 1 felony;

19  (6) a person in possession of 200 grams or more of any 
20 substance containing amphetamine or any salt
of an optical 
21 isomer of amphetamine is guilty of a Class 1 felony;

22  (6.5) (blank);

23  (7) (A) a person is guilty of a Class 3 felony if he or 
24 she in possession of: not less than 4 years and not 
25 more than 15 years with respect
to: (i) 15 grams or 
26 more but less than 50 100 grams of any substance 
 
 
10000SB1722sam001- 40 -LRB100 11347 RLC 23026 a


1 containing
lysergic acid diethylamide (LSD), or an 
2 analog thereof, or (ii) 15 or
more objects or 15 or 
3 more segregated parts of an object or objects but
less 
4 than 100 200 objects or 100 200 segregated parts of an 
5 object or objects
containing in them or having upon 
6 them any amount of any substance
containing lysergic 
7 acid diethylamide (LSD), or an analog thereof;

8   (B) a person is guilty of a Class 2 felony if he or 
9 she is in possession of: not less than 6 years and not 
10 more than 30 years with respect
to: (i) 50 100 grams or 
11 more but less than 100 400 grams of any substance

12 containing lysergic acid diethylamide (LSD), or an 
13 analog thereof, or (ii)
100 200 or more objects or 100 
14 200 or more segregated parts of an object or objects

15 but less than 300 600 objects or less than 300 600 
16 segregated parts of an object or
objects containing in 
17 them or having upon them any amount of any substance

18 containing lysergic acid diethylamide (LSD), or an 
19 analog thereof;

20   (C) a person is guilty of a Class 1 felony if he or 
21 she is in possession of: not less than 8 years and not 
22 more than 40 years with respect
to: (i) 100 400 grams 
23 or more but less than 900 grams of any substance

24 containing lysergic acid diethylamide (LSD), or an 
25 analog thereof, or (ii)
300 600 or more objects or 300 
26 600 or more segregated parts of an object or objects

 
 
10000SB1722sam001- 41 -LRB100 11347 RLC 23026 a


1 but less than 1500 objects or 1500 segregated parts of 
2 an object or objects
containing in them or having upon 
3 them any amount of any substance
containing lysergic 
4 acid diethylamide (LSD), or an analog thereof;

5   (D) (blank); not less than 10 years and not more 
6 than 50 years with respect
to: (i) 900 grams or more of 
7 any substance containing lysergic acid
diethylamide 
8 (LSD), or an analog thereof, or (ii) 1500 or more 
9 objects or
1500 or more segregated parts of an object 
10 or objects containing in them or
having upon them any 
11 amount of a substance containing lysergic acid

12 diethylamide (LSD), or an analog thereof;

13  (7.5) (A) a person is guilty of a Class 3 felony if he 
14 or she is in possession of: not less than 4 years and 
15 not more than 15 years with respect
to: (i) 15
grams or 
16 more but
less than 50 100 grams of any substance listed 
17 in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19),

18 (20), (20.1), (21), (25), or (26) of subsection (d) of 
19 Section 204, or an
analog or derivative
thereof, or 
20 (ii) 15 or more pills, tablets, caplets, capsules, or 
21 objects but
less than 100 200 pills,
tablets, caplets, 
22 capsules, or objects containing in them or having upon 
23 them
any amount of any
substance listed in paragraph 
24 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
25 (20.1),
(21), (25), or (26) of
subsection (d) of 
26 Section 204, or an analog or derivative thereof;

 
 
10000SB1722sam001- 42 -LRB100 11347 RLC 23026 a


1   (B) a person is guilty of a Class 2 felony if he or 
2 she is in possession of: not less than 6 years and not 
3 more than 30 years with respect to: (i)
50 100
grams or 
4 more but
less than 100 400 grams of any substance 
5 listed in paragraph (1), (2), (2.1), (2.2), (3),

6 (14.1), (19), (20),
(20.1), (21), (25), or (26) of 
7 subsection (d) of Section 204, or an analog or

8 derivative thereof, or
(ii) 100 200 or more pills, 
9 tablets, caplets, capsules, or objects but less than

10 300 600
pills, tablets,
caplets, capsules, or objects 
11 containing in them or having upon them any amount
of 
12 any
substance
listed in paragraph (1), (2), (2.1), 
13 (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or 
14 (26) of subsection
(d) of Section 204, or an analog or 
15 derivative thereof;

16   (C) a person is guilty of a Class 1 felony if he or 
17 she is in possession of: not less than 8 years and not 
18 more than 40 years with respect to: (i)
100 400
grams 
19 or more but
less than 900 grams of any substance listed 
20 in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), 
21 (20),
(20.1), (21), (25), or (26) of subsection (d) of 
22 Section 204, or an analog or
derivative thereof,
or 
23 (ii) 300 600 or more pills, tablets, caplets, capsules, 
24 or objects but less than
1,500 pills, tablets,
caplets, 
25 capsules, or objects containing in them or having upon 
26 them any amount
of any
substance listed in paragraph 
 
 
10000SB1722sam001- 43 -LRB100 11347 RLC 23026 a


1 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
2 (20.1),
(21), (25), or (26) of
subsection (d) of 
3 Section 204, or an analog or derivative thereof;

4   (D) (blank); not less than 10 years and not more 
5 than 50 years with respect to:
(i)
900 grams or more of

6 any substance listed in paragraph (1), (2), (2.1), 
7 (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or 
8 (26)
of subsection (d) of Section 204, or an analog or 
9 derivative thereof, or (ii)
1,500 or more pills,

10 tablets, caplets, capsules, or objects containing in 
11 them or having upon them
any amount of a
substance 
12 listed in paragraph (1), (2), (2.1), (2.2), (3), 
13 (14.1), (19), (20), (20.1),
(21), (25), or (26) of

14 subsection (d) of Section 204, or an analog or 
15 derivative thereof;

16  (8) a person in possession of 30 grams or more of any 
17 substance containing pentazocine or any of
the salts, 
18 isomers and salts of isomers of pentazocine, or an analog 
19 thereof is guilty of a Class 1 felony;

20  (9) a person in possession of 30 grams or more of any 
21 substance containing methaqualone or any
of the salts, 
22 isomers and salts of isomers of methaqualone is guilty of a 
23 Class 1 felony;

24  (10) a person in possession of 30 grams or more of any 
25 substance containing phencyclidine or any
of the salts, 
26 isomers and salts of isomers of phencyclidine (PCP)is 
 
 
10000SB1722sam001- 44 -LRB100 11347 RLC 23026 a


1 guilty of a Class 1 felony;

2  (10.5) a person in possession of 30 grams or more of 
3 any substance containing ketamine or any of
the salts, 
4 isomers and salts of isomers of ketamine is guilty of a 
5 Class 1 felony;

6  (11) a person in possession of 200 grams or more of any 
7 substance containing any substance
classified as a 
8 narcotic drug in Schedules I or II, or an analog thereof, 
9 which is not otherwise
included in this subsection is 
10 guilty of a Class 1 felony.

11 (b) Any person sentenced with respect to violations of 
12paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
13involving 100
grams or more of the
controlled substance named 
14therein, may in addition to the penalties
provided therein, be 
15fined an amount not to exceed $200,000 or the full
street value 
16of the controlled or counterfeit substances, whichever is

17greater. The term "street value" shall have the meaning

18ascribed in Section 110-5 of the Code of Criminal Procedure of 
191963. Any
person sentenced with respect to any other provision 
20of subsection (a), may
in addition to the penalties provided 
21therein, be fined an amount not to
exceed $200,000.

22 (c) Any person who violates this Section with regard to an 
23amount
of a controlled substance other than methamphetamine or 
24counterfeit substance not set forth in
subsection (a) or (d) is 
25guilty of a Class 4 felony. The fine for a
violation punishable 
26under this subsection (c) shall not be more
than $25,000.

 
 
10000SB1722sam001- 45 -LRB100 11347 RLC 23026 a


1 (d) Any person who violates this Section with regard to any 
2amount of
anabolic steroid is guilty of a Class C misdemeanor

3for the first offense and a Class B misdemeanor for a 
4subsequent offense
committed within 2 years of a prior 
5conviction.

6(Source: P.A. 99-371, eff. 1-1-16.)





7 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)


8 Sec. 407. (a) (1)(A) Any person 18 years of age or over who 
9violates any
subsection of Section 401 or subsection (b) of 
10Section 404 by delivering a
controlled, counterfeit or 
11look-alike substance to a person under 18 years
of age may be 
12sentenced to imprisonment for a term up to twice the maximum

13term and fined an amount up to twice that amount otherwise 
14authorized by
the pertinent subsection of Section 401 and 
15Subsection (b) of Section 404.

16 (B) (Blank).

17 (2) Except as provided in paragraph (3) of this subsection, 
18any person
who violates:


19  (A) subsection (c) of Section 401 by delivering or 
20 possessing with
intent to deliver a controlled, 
21 counterfeit, or look-alike substance in or
on, or within 
22 500 1,000 feet of, a truck stop or safety rest area, is 
23 guilty of
a Class 1 felony, the fine for which shall not 
24 exceed $250,000;


25  (B) subsection (d) of Section 401 by delivering or 
 
 
10000SB1722sam001- 46 -LRB100 11347 RLC 23026 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 2 felony, the fine for which shall not 
5 exceed $200,000;


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


12  (D) subsection (f) of Section 401 by delivering or 
13 possessing with
intent to deliver a controlled, 
14 counterfeit, or look-alike substance in or
on, or within 
15 500 1,000 feet of, a truck stop or safety rest area, is 
16 guilty of
a Class 3 felony, the fine for which shall not 
17 exceed $125,000;


18  (E) subsection (g) 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 $100,000;


24  (F) subsection (h) 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 
 
 
10000SB1722sam001- 47 -LRB100 11347 RLC 23026 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 $75,000;

4 (3) Any person who violates paragraph (2) of this 
5subsection (a) by
delivering or possessing with intent to 
6deliver a controlled, counterfeit,
or look-alike substance in 
7or on, or within 500 1,000 feet of a truck stop or a
safety rest 
8area, following a prior conviction or convictions of paragraph

9(2) of this subsection (a) may be sentenced to a term of 
10imprisonment up to
2 times the maximum term and fined an amount 
11up to 2 times the amount
otherwise authorized by Section 401.

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


13  (A) "Safety rest area" means a roadside facility 
14 removed from the
roadway with parking and facilities 
15 designed for motorists' rest, comfort,
and information 
16 needs; and


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

21 (b) Any person who violates:


22  (1) subsection (c) of Section 401 in any school, on or 
23 within 500 feet of the real property comprising any school, 
24 or in any conveyance
owned, leased or contracted by a 
25 school to transport students to or from
school or a school 
26 related activity, and at the time of the violation persons 
 
 
10000SB1722sam001- 48 -LRB100 11347 RLC 23026 a


1 under the age of 18 are present, the offense is committed 
2 during school hours, or the offense is committed at times 
3 when persons under the age of 18 are reasonably expected to 
4 be present in the school, in the conveyance, or on the real 
5 property, such as when after-school activities are 
6 occurring or residential property owned, operated or

7 managed by a public housing agency or leased by a public 
8 housing agency as part
of a scattered site or mixed-income 
9 development, or in any public park or , on or within 500 
10 feet of the real
property comprising any school 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 public 
14 park or
within 1,000 feet of the real property comprising 
15 any school or
residential property owned, operated or 
16 managed by a public housing
agency
or leased by a public 
17 housing agency as part of a scattered site or
mixed-income 
18 development, or public park, on the real property 
19 comprising any
church, synagogue, or
other building, 
20 structure, or place used primarily for religious worship, 
21 or
within 500 1,000 feet of the real property comprising 
22 any church, synagogue, or
other building, structure, or 
23 place used primarily for religious worship, on
the real 
24 property comprising any of the following places, 
25 buildings, or
structures used primarily for housing or 
26 providing space for activities for
senior citizens: 
 
 
10000SB1722sam001- 49 -LRB100 11347 RLC 23026 a


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

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


21  (2) subsection (d) of Section 401 in any school, on or 
22 within 500 feet of the real property comprising any school, 
23 or in any conveyance
owned, leased or contracted by a 
24 school to transport students to or from
school or a school 
25 related activity, and at the time of the violation persons 
26 under the age of 18 are present, the offense is committed 
 
 
10000SB1722sam001- 50 -LRB100 11347 RLC 23026 a


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

24 buildings, or
structures used primarily for housing or 
25 providing space for activities for
senior citizens: 
26 nursing homes, assisted-living centers, senior citizen 
 
 
10000SB1722sam001- 51 -LRB100 11347 RLC 23026 a


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

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


20  (3) subsection (e) of Section 401 or Subsection (b) of 
21 Section 404 in
any school, on or within 500 feet of the 
22 real property comprising any school, or in any conveyance 
23 owned, leased or contracted by a school to
transport 
24 students to or from school or a school related activity, 
25 and at the time of the violation persons under the age of 
26 18 are present, the offense is committed during school 
 
 
10000SB1722sam001- 52 -LRB100 11347 RLC 23026 a


1 hours, or the offense is committed at times when persons 
2 under the age of 18 are reasonably expected to be present 
3 in the school, in the conveyance, or on the real property, 
4 such as when after-school activities are occurring or

5 residential property owned, operated or managed by a public 
6 housing agency or
leased by a public housing agency as part 
7 of a scattered site or mixed-income
development, or in any 
8 public park or , on or within 500 feet of the real property 
9 comprising any school or
residential property owned, 
10 operated or managed by a public housing agency or
leased by 
11 a public housing agency as part of a scattered site or 
12 mixed-income
development, or public park or within 1,000 
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, on the real
property comprising any church, 
18 synagogue, or other building, structure, or
place used 
19 primarily for religious worship, or within 500 1,000 feet 
20 of the real
property comprising any church, synagogue, or 
21 other building, structure, or
place used primarily for 
22 religious worship, on the real property comprising any
of 
23 the following places, buildings, or structures used 
24 primarily for housing or
providing space for activities for

25 senior citizens: nursing homes, assisted-living centers, 
26 senior citizen housing
complexes, or senior centers 
 
 
10000SB1722sam001- 53 -LRB100 11347 RLC 23026 a


1 oriented toward daytime activities, or within 500
1,000 
2 feet of the real property comprising any of the following

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

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


19  (4) subsection (f) of Section 401 in any school, on or 
20 within 500 feet of the real property comprising any school, 
21 or in any conveyance
owned, leased or contracted by a 
22 school to transport students to or from
school or a school 
23 related activity, and at the time of the violation persons 
24 under the age of 18 are present, the offense is committed 
25 during school hours, or the offense is committed at times 
26 when persons under the age of 18 are reasonably expected to 
 
 
10000SB1722sam001- 54 -LRB100 11347 RLC 23026 a


1 be present in the school, in the conveyance, or on the real 
2 property, such as when after-school activities are 
3 occurring or residential property owned,
operated or 
4 managed by a public housing agency
or leased by a public 
5 housing agency as part of a scattered site or
mixed-income 
6 development,
or in any public park or , on or within 500 
7 feet of the real
property comprising any school or 
8 residential property owned, operated or
managed by a public 
9 housing agency
or leased by a public housing agency as part 
10 of a scattered site or
mixed-income development,
or public 
11 park or
within 1,000 feet of the real property comprising 
12 any school 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 public
park, on the real property 
16 comprising any church, synagogue, or other
building,

17 structure, or place used primarily for religious worship, 
18 or
within 500 1,000 feet of the real property comprising 
19 any church,
synagogue, or other building, structure, or 
20 place used primarily for religious
worship, on the real 
21 property comprising any of the following places,

22 buildings, or
structures used primarily for housing or 
23 providing space for activities for
senior citizens: 
24 nursing homes, assisted-living centers, senior citizen 
25 housing
complexes, or senior centers oriented toward 
26 daytime activities, or within 500
1,000 feet of the real 
 
 
10000SB1722sam001- 55 -LRB100 11347 RLC 23026 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
and at the time of the violation persons 
7 are present or reasonably expected to be present in the 
8 church, synagogue, or other
building,
structure, or place 
9 used primarily for religious worship during worship 
10 services, or in buildings or structures used primarily for 
11 housing or providing space
for activities for senior 
12 citizens: nursing homes, assisted-living centers,
senior 
13 citizen housing complexes, or senior centers oriented 
14 toward daytime
activities during the hours those places, 
15 buildings, or structures are open for those activities, or

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


18  (5) subsection (g) of Section 401 in any school, on or 
19 within 500 feet of the real property comprising any school, 
20 or in any conveyance
owned, leased or contracted by a 
21 school to transport students to or from
school or a school 
22 related activity, and at the time of the violation persons 
23 under the age of 18 are present, the offense is committed 
24 during school hours, or the offense is committed at times 
25 when persons under the age of 18 are reasonably expected to 
26 be present in the school, in the conveyance, or on the real 
 
 
10000SB1722sam001- 56 -LRB100 11347 RLC 23026 a


1 property, such as when after-school activities are 
2 occurring or residential property owned,
operated or 
3 managed by a public housing agency
or leased by a public 
4 housing agency as part of a scattered site or
mixed-income 
5 development,
or in any public park or , on or within 500 
6 feet of the real
property comprising any school or 
7 residential property owned, operated or
managed by a public 
8 housing agency
or leased by a public housing agency as part 
9 of a scattered site or
mixed-income development,
or public 
10 park or
within 1,000 feet of the real property comprising 
11 any school or residential
property owned, operated or 
12 managed by a public housing agency
or leased by a public 
13 housing agency as part of a scattered site or
mixed-income 
14 development,
or public
park, on the real property 
15 comprising any church, synagogue, or other
building,

16 structure, or place used primarily for religious worship, 
17 or
within 500 1,000 feet of the real property comprising 
18 any church,
synagogue, or other building, structure, or 
19 place used primarily for religious
worship, on the real 
20 property comprising any of the following places,

21 buildings, or
structures used primarily for housing or 
22 providing space for activities for
senior citizens: 
23 nursing homes, assisted-living centers, senior citizen 
24 housing
complexes, or senior centers oriented toward 
25 daytime activities, or within 500
1,000 feet of the real 
26 property comprising any of the following
places, 
 
 
10000SB1722sam001- 57 -LRB100 11347 RLC 23026 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
and at the time of the violation persons 
6 are present or reasonably expected to be present in the 
7 church, synagogue, or other
building,
structure, or place 
8 used primarily for religious worship during worship 
9 services, or in buildings or structures used primarily for 
10 housing or providing space
for activities for senior 
11 citizens: nursing homes, assisted-living centers,
senior 
12 citizen housing complexes, or senior centers oriented 
13 toward daytime
activities during the hours those places, 
14 buildings, or structures are open for those activities, or

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


17  (6) subsection (h) of Section 401 in any school, on or 
18 within 500 feet of the real property comprising any school, 
19 or in any conveyance
owned, leased or contracted by a 
20 school to transport students to or from
school or a school 
21 related activity, and at the time of the violation persons 
22 under the age of 18 are present, the offense is committed 
23 during school hours, or the offense is committed at times 
24 when persons under the age of 18 are reasonably expected to 
25 be present in the school, in the conveyance, or on the real 
26 property, such as when after-school activities are 
 
 
10000SB1722sam001- 58 -LRB100 11347 RLC 23026 a


1 occurring or residential property owned,
operated or 
2 managed by a public housing agency
or leased by a public 
3 housing agency as part of a scattered site or
mixed-income 
4 development,
or in any public park or , on or within 500 
5 feet of the real
property comprising any school or 
6 residential property owned, operated or
managed by a public 
7 housing agency
or leased by a public housing agency as part 
8 of a scattered site or
mixed-income development,
or public 
9 park or within 1,000 feet of the real property comprising 
10 any school
or residential
property owned, operated or 
11 managed by a public housing agency
or leased by a public 
12 housing agency as part of a scattered site or
mixed-income 
13 development,
or public
park, on the real property 
14 comprising any church, synagogue, or other
building,

15 structure, or place used primarily for religious worship, 
16 or
within 500 1,000 feet of the real property comprising 
17 any church,
synagogue, or other building, structure, or 
18 place used primarily for religious
worship, on the real 
19 property comprising any of the following places,

20 buildings, or
structures used primarily for housing or 
21 providing space for activities for
senior citizens: 
22 nursing homes, assisted-living centers, senior citizen 
23 housing
complexes, or senior centers oriented toward 
24 daytime activities, or within 500
1,000 feet of the real 
25 property comprising any of the following
places, 
26 buildings, or structures used primarily for housing or 
 
 
10000SB1722sam001- 59 -LRB100 11347 RLC 23026 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
and at the time of the violation persons 
5 are present or reasonably expected to be present in the 
6 church, synagogue, or other
building,
structure, or place 
7 used primarily for religious worship during worship 
8 services, or in buildings or structures used primarily for 
9 housing or providing space
for activities for senior 
10 citizens: nursing homes, assisted-living centers,
senior 
11 citizen housing complexes, or senior centers oriented 
12 toward daytime
activities during the hours those places, 
13 buildings, or structures are open for those activities, or

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

16 (c) Regarding penalties prescribed in subsection
(b) for 
17violations committed in a school or on or within 500
1,000 feet 
18of school property, the time of day and , time of year and 
19whether
classes were currently in session at the time of the 
20offense is irrelevant.

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





22 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)


23 Sec. 410. (a) Whenever any person who has not previously 
24been convicted
of, or placed on probation or court supervision 
25for any felony offense under this
Act or any law of the United 
 
 
10000SB1722sam001- 60 -LRB100 11347 RLC 23026 a


1States or of any State relating to cannabis
or controlled 
2substances, pleads guilty to or is found guilty of possession

3of a controlled or counterfeit substance under subsection (c) 
4of Section
402 or of unauthorized possession of prescription 
5form under Section 406.2, the court, without entering a 
6judgment and with the consent of such
person, may sentence him 
7or her to probation.

8 (b) When a person is placed on probation, the court shall 
9enter an order
specifying a period of probation of 24 months 
10and shall defer further
proceedings in the case until the 
11conclusion of the period or until the
filing of a petition 
12alleging violation of a term or condition of probation.

13 (c) The conditions of probation shall be that the person: 
14(1) not
violate any criminal statute of any jurisdiction; (2) 
15refrain from
possessing a firearm or other dangerous weapon; 
16(3) submit to periodic drug
testing at a time and in a manner 
17as ordered by the court, but no less than 3
times during the 
18period of the probation, with the cost of the testing to be

19paid by the probationer; and (4) perform no less than 30 hours 
20of community
service, provided community service is available 
21in the jurisdiction and is
funded
and approved by the county 
22board.

23 (d) The court may, in addition to other conditions, require 
24that the person:

25  (1) make a report to and appear in person before or 
26 participate with the
court or such courts, person, or 
 
 
10000SB1722sam001- 61 -LRB100 11347 RLC 23026 a


1 social service agency as directed by the
court in the order 
2 of probation;

3  (2) pay a fine and costs;

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

5 training;

6  (4) undergo medical or psychiatric treatment; or 
7 treatment or
rehabilitation approved by the Illinois 
8 Department of Human Services;

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

11  (6) support his or her dependents;

12  (6-5) refrain from having in his or her body the 
13 presence of any illicit
drug prohibited by the Cannabis 
14 Control Act, the Illinois Controlled
Substances Act, or the 
15 Methamphetamine Control and Community Protection Act, 
16 unless prescribed by a physician, and submit samples of
his 
17 or her blood or urine or both for tests to determine the 
18 presence of any
illicit drug;

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

20   (i) reside with his or her parents or in a foster 
21 home;

22   (ii) attend school;

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

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

26 (e) Upon violation of a term or condition of probation, the 
 
 
10000SB1722sam001- 62 -LRB100 11347 RLC 23026 a


1court
may enter a judgment on its original finding of guilt and 
2proceed as
otherwise provided.

3 (f) Upon fulfillment of the terms and conditions of 
4probation, the court
shall discharge the person and dismiss the 
5proceedings against him or her.

6 (g) A disposition of probation is considered to be a 
7conviction
for the purposes of imposing the conditions of 
8probation and for appeal,
however, discharge and dismissal 
9under this Section is not a conviction for
purposes of this Act 
10or for purposes of disqualifications or disabilities
imposed by 
11law upon conviction of a crime.

12 (h) A person may not have more than There may be only one 
13discharge and dismissal under this Section within a 4-year 
14period ,
Section 10 of the Cannabis Control Act, Section 70 of 
15the Methamphetamine Control and Community Protection Act, 
16Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, 
17or subsection (c) of Section 11-14 of the Criminal Code of 1961 
18or the Criminal Code of 2012 with respect to any person.

19 (i) If a person is convicted of an offense under this Act, 
20the Cannabis
Control Act, or the Methamphetamine Control and 
21Community Protection Act within 5 years
subsequent to a 
22discharge and dismissal under this Section, the discharge and

23dismissal under this Section shall be admissible in the 
24sentencing proceeding
for that conviction
as evidence in 
25aggravation.

26 (j) Notwithstanding subsection (a), before a person is 
 
 
10000SB1722sam001- 63 -LRB100 11347 RLC 23026 a


1sentenced to probation under this Section, the court may refer 
2the person to the drug court established in that judicial 
3circuit pursuant to Section 15 of the Drug Court Treatment Act. 
4The drug court team shall evaluate the person's likelihood of 
5successfully completing a sentence of probation under this 
6Section and shall report the results of its evaluation to the 
7court. If the drug court team finds that the person suffers 
8from a substance abuse problem that makes him or her 
9substantially unlikely to successfully complete a sentence of 
10probation under this Section, then the drug court shall set 
11forth its findings in the form of a written order, and the 
12person shall not be sentenced to probation under this Section, 
13but shall may be considered for the drug court program.
14(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)


15 Section 30. The Methamphetamine Control and Community 
16Protection Act is amended by changing Sections 15, 55, and 70 
17as follows:

18 (720 ILCS 646/15)
19 Sec. 15. Participation in methamphetamine manufacturing. 
20 (a) Participation in methamphetamine manufacturing.

21  (1) It is unlawful to knowingly participate in the 
22 manufacture of methamphetamine with the intent that 
23 methamphetamine or a substance containing methamphetamine 
24 be produced.

 
 
10000SB1722sam001- 64 -LRB100 11347 RLC 23026 a


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

3   (A) A person who participates in the manufacture of 
4 less than 15 grams of methamphetamine or a substance 
5 containing methamphetamine is guilty of a Class 1 
6 felony.

7   (B) A person who participates in the manufacture of 
8 15 or more grams but less than 100 grams of 
9 methamphetamine or a substance containing 
10 methamphetamine is guilty of a Class X felony, subject 
11 to a term of imprisonment of not less than 6 years and 
12 not more than 30 years, and subject to a fine not to 
13 exceed $100,000 or the street value of the 
14 methamphetamine manufactured, whichever is greater.

15   (C) A person who participates in the manufacture of 
16 100 or more grams but less than 400 grams of 
17 methamphetamine or a substance containing 
18 methamphetamine is guilty of a Class X felony, subject 
19 to a term of imprisonment of not less than 9 years and 
20 not more than 40 years, and subject to a fine not to 
21 exceed $200,000 or the street value of the 
22 methamphetamine manufactured, whichever is greater.

23   (D) A person who participates in the manufacture of 
24 400 or more grams but less than 900 grams of 
25 methamphetamine or a substance containing 
26 methamphetamine is guilty of a Class X felony, subject 
 
 
10000SB1722sam001- 65 -LRB100 11347 RLC 23026 a


1 to a term of imprisonment of not less than 12 years and 
2 not more than 50 years, and subject to a fine not to 
3 exceed $300,000 or the street value of the 
4 methamphetamine manufactured, whichever is greater.

5   (E) A person who participates in the manufacture of 
6 900 grams or more of methamphetamine or a substance 
7 containing methamphetamine is guilty of a Class X 
8 felony, subject to a term of imprisonment of not less 
9 than 15 years and not more than 60 years, and subject 
10 to a fine not to exceed $400,000 or the street value of 
11 the methamphetamine, whichever is greater.

12 (b) Aggravated participation in methamphetamine 
13manufacturing.

14  (1) It is unlawful to engage in aggravated 
15 participation in the manufacture of methamphetamine. A 
16 person engages in aggravated participation in the 
17 manufacture of methamphetamine when the person violates 
18 paragraph (1) of subsection (a) and:

19   (A) the person knowingly does so in a multi-unit 
20 dwelling;

21   (B) the person knowingly does so in a structure or 
22 vehicle where a child under the age of 18, a person 
23 with a disability, or a person 60 years of age or older 
24 who is incapable of adequately providing for his or her 
25 own health and personal care resides, is present, or is 
26 endangered by the manufacture of methamphetamine;

 
 
10000SB1722sam001- 66 -LRB100 11347 RLC 23026 a


1   (C) the person does so in a structure or vehicle 
2 where a woman the person knows to be pregnant 
3 (including but not limited to the person herself) 
4 resides, is present, or is endangered by the 
5 methamphetamine manufacture;

6   (D) the person knowingly does so in a structure or 
7 vehicle protected by one or more firearms, explosive 
8 devices, booby traps, alarm systems, surveillance 
9 systems, guard dogs, or dangerous animals;

10   (E) the methamphetamine manufacturing in which the 
11 person participates is a contributing cause of the 
12 death, serious bodily injury, disability, or 
13 disfigurement of another person, including but not 
14 limited to an emergency service provider;

15   (F) the methamphetamine manufacturing in which the 
16 person participates is a contributing cause of a fire 
17 or explosion that damages property belonging to 
18 another person;

19   (G) the person knowingly organizes, directs, or 
20 finances the methamphetamine manufacturing or 
21 activities carried out in support of the 
22 methamphetamine manufacturing; or

23   (H) the methamphetamine manufacturing occurs 
24 within 500 1,000 feet of a place of worship or 
25 parsonage, or within 500 1,000 feet of the real 
26 property comprising any school at a time when children, 
 
 
10000SB1722sam001- 67 -LRB100 11347 RLC 23026 a


1 clergy, patrons, staff, or other persons are present or 
2 any activity sanctioned by the place of worship or 
3 parsonage or school is taking place.

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

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

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 9 years and 
18 not more than 40 years, and subject to a fine not to 
19 exceed $200,000 or the street value of the 
20 methamphetamine, 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 12 years and 
26 not more than 50 years, and subject to a fine not to 
 
 
10000SB1722sam001- 68 -LRB100 11347 RLC 23026 a


1 exceed $300,000 or the street value of the 
2 methamphetamine, whichever is greater.

3   (D) A person who participates in the manufacture of 
4 400 grams or more of methamphetamine or a substance 
5 containing methamphetamine is guilty of a Class X 
6 felony, subject to a term of imprisonment of not less 
7 than 15 years and not more than 60 years, and subject 
8 to a fine not to exceed $400,000 or the street value of 
9 the methamphetamine, whichever is greater.


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

11 (720 ILCS 646/55)

12 Sec. 55. Methamphetamine delivery. 
13 (a) Delivery or possession with intent to deliver 
14methamphetamine or a substance containing methamphetamine.

15  (1) It is unlawful knowingly to engage in the delivery 
16 or possession with intent to deliver methamphetamine or a 
17 substance containing methamphetamine.

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

20   (A) A person who delivers or possesses with intent 
21 to deliver less than 5 grams of methamphetamine or a 
22 substance containing methamphetamine is guilty of a 
23 Class 2 felony.

24   (B) A person who delivers or possesses with intent 
25 to deliver 5 or more grams but less than 15 grams of 
 
 
10000SB1722sam001- 69 -LRB100 11347 RLC 23026 a


1 methamphetamine or a substance containing 
2 methamphetamine is guilty of a Class 1 felony.

3   (C) A person who delivers or possesses with intent 
4 to deliver 15 or more grams but less than 100 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 6 years and 
8 not more than 30 years, and subject to a fine not to 
9 exceed $100,000 or the street value of the 
10 methamphetamine, whichever is greater.

11   (D) A person who delivers or possesses with intent 
12 to deliver 100 or more grams but less than 400 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 9 years and 
16 not more than 40 years, and subject to a fine not to 
17 exceed $200,000 or the street value of the 
18 methamphetamine, whichever is greater.

19   (E) A person who delivers or possesses with intent 
20 to deliver 400 or more grams but less than 900 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 12 years and 
24 not more than 50 years, and subject to a fine not to 
25 exceed $300,000 or the street value of the 
26 methamphetamine, whichever is greater.

 
 
10000SB1722sam001- 70 -LRB100 11347 RLC 23026 a


1   (F) A person who delivers or possesses with intent 
2 to deliver 900 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 15 years and not more than 60 years, and 
6 subject to a fine not to exceed $400,000 or the street 
7 value of the methamphetamine, whichever is greater.

8 (b) Aggravated delivery or possession with intent to 
9deliver methamphetamine or a substance containing 
10methamphetamine.

11  (1) It is unlawful to engage in the aggravated delivery 
12 or possession with intent to deliver methamphetamine or a 
13 substance containing methamphetamine. A person engages in 
14 the aggravated delivery or possession with intent to 
15 deliver methamphetamine or a substance containing 
16 methamphetamine when the person violates paragraph (1) of 
17 subsection (a) of this Section and:

18   (A) the person is at least 18 years of age and 
19 knowingly delivers or possesses with intent to deliver 
20 the methamphetamine or substance containing 
21 methamphetamine to a person under 18 years of age;

22   (B) the person is at least 18 years of age and 
23 knowingly uses, engages, employs, or causes another 
24 person to use, engage, or employ a person under 18 
25 years of age to deliver the methamphetamine or 
26 substance containing methamphetamine;

 
 
10000SB1722sam001- 71 -LRB100 11347 RLC 23026 a


1   (C) the person knowingly delivers or possesses 
2 with intent to deliver the methamphetamine or 
3 substance containing methamphetamine in any structure 
4 or vehicle protected by one or more firearms, explosive 
5 devices, booby traps, alarm systems, surveillance 
6 systems, guard dogs, or dangerous animals;

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

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

 
 
10000SB1722sam001- 72 -LRB100 11347 RLC 23026 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 1 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 X felony, subject 
9 to a term of imprisonment of not less than 6 years and 
10 not more than 30 years, and subject to a fine not to 
11 exceed $100,000 or the street value of the 
12 methamphetamine, whichever is greater.

13   (C) A person who delivers or possesses with intent 
14 to deliver 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 8 years and 
18 not more than 40 years, and subject to a fine not to 
19 exceed $200,000 or the street value of the 
20 methamphetamine, whichever is greater.

21   (D) A person who delivers or possesses with intent 
22 to deliver 100 or more grams of methamphetamine or a 
23 substance containing methamphetamine is guilty of a 
24 Class X felony, subject to a term of imprisonment of 
25 not less than 10 years and not more than 50 years, and 
26 subject to a fine not to exceed $300,000 or the street 
 
 
10000SB1722sam001- 73 -LRB100 11347 RLC 23026 a


1 value of the methamphetamine, whichever is greater.


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

3 (720 ILCS 646/70)

4 Sec. 70. Probation. 
5 (a) Whenever any person who has not previously been 
6convicted of, or placed on probation or court supervision for 
7any felony offense under this Act, the Illinois Controlled 
8Substances Act, the Cannabis Control Act, or any law of the 
9United States or of any state relating to cannabis or 
10controlled substances, pleads guilty to or is found guilty of 
11possession of less than 15 grams of methamphetamine under 
12paragraph (1) or (2) of subsection (b) of Section 60 of this 
13Act, the court, without entering a judgment and with the 
14consent of the person, may sentence him or her to probation.

15 (b) When a person is placed on probation, the court shall 
16enter an order specifying a period of probation of 24 months 
17and shall defer further proceedings in the case until the 
18conclusion of the period or until the filing of a petition 
19alleging violation of a term or condition of probation.

20 (c) The conditions of probation shall be that the person: 
21  (1) not violate any criminal statute of any 
22 jurisdiction; 
23  (2) refrain from possessing a firearm or other 
24 dangerous weapon; 
25  (3) submit to periodic drug testing at a time and in a 
 
 
10000SB1722sam001- 74 -LRB100 11347 RLC 23026 a


1 manner as ordered by the court, but no less than 3 times 
2 during the period of the probation, with the cost of the 
3 testing to be paid by the probationer; and 
4  (4) perform no less than 30 hours of community service, 
5 if community service is available in the jurisdiction and 
6 is funded and approved by the county board.

7 (d) The court may, in addition to other conditions, require 
8that the person take one or more of the following actions:

9  (1) make a report to and appear in person before or 
10 participate with the court or such courts, person, or 
11 social service agency as directed by the court in the order 
12 of probation;

13  (2) pay a fine and costs;

14  (3) work or pursue a course of study or vocational 
15 training;

16  (4) undergo medical or psychiatric treatment; or 
17 treatment or rehabilitation approved by the Illinois 
18 Department of Human Services;

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

21  (6) support his or her dependents;

22  (7) refrain from having in his or her body the presence 
23 of any illicit drug prohibited by this Act, the Cannabis 
24 Control Act, or the Illinois Controlled Substances Act, 
25 unless prescribed by a physician, and submit samples of his 
26 or her blood or urine or both for tests to determine the 
 
 
10000SB1722sam001- 75 -LRB100 11347 RLC 23026 a


1 presence of any illicit drug; or

2  (8) if a minor:

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

5   (ii) attend school;

6   (iii) attend a non-residential program for youth; 
7 or

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

10 (e) Upon violation of a term or condition of probation, the 
11court may enter a judgment on its original finding of guilt and 
12proceed as otherwise provided.

13 (f) Upon fulfillment of the terms and conditions of 
14probation, the court shall discharge the person and dismiss the 
15proceedings against the person.

16 (g) A disposition of probation is considered to be a 
17conviction for the purposes of imposing the conditions of 
18probation and for appeal, however, discharge and dismissal 
19under this Section is not a conviction for purposes of this Act 
20or for purposes of disqualifications or disabilities imposed by 
21law upon conviction of a crime.

22 (h) A person may not have more than There may be only one 
23discharge and dismissal under this Section within a 4-year 
24period , Section 410 of the Illinois Controlled Substances Act, 
25Section 10 of the Cannabis Control Act, Section 5-6-3.3 or 
265-6-3.4 of the Unified Code of Corrections, or subsection (c) 
 
 
10000SB1722sam001- 76 -LRB100 11347 RLC 23026 a


1of Section 11-14 of the Criminal Code of 1961 or the Criminal 
2Code of 2012 with respect to any person.

3 (i) If a person is convicted of an offense under this Act, 
4the Cannabis Control Act, or the Illinois Controlled Substances 
5Act within 5 years subsequent to a discharge and dismissal 
6under this Section, the discharge and dismissal under this 
7Section are admissible in the sentencing proceeding for that 
8conviction as evidence in aggravation.


9 (j) Notwithstanding subsection (a), before a person is 
10sentenced to probation under this Section, the court may refer 
11the person to the drug court established in that judicial 
12circuit pursuant to Section 15 of the Drug Court Treatment Act. 
13The drug court team shall evaluate the person's likelihood of 
14successfully completing a sentence of probation under this 
15Section and shall report the results of its evaluation to the 
16court. If the drug court team finds that the person suffers 
17from a substance abuse problem that makes him or her 
18substantially unlikely to successfully complete a sentence of 
19probation under this Section, then the drug court shall set 
20forth its findings in the form of a written order, and the 
21person shall not be sentenced to probation under this Section, 
22but shall may be considered for the drug court program.
23(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)

24 Section 35. The Unified Code of Corrections is amended by 
25changing Sections 3-3-8, 3-6-3, 5-4-1, 5-4.5-25, 5-4.5-30, 
 
 
10000SB1722sam001- 77 -LRB100 11347 RLC 23026 a


15-4.5-35, 5-4.5-95, 5-6-3.3, 5-6-3.4, 5-8-1, and 5-8-8 and by 
2adding Section 5-4.5-110 as follows:



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


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

5release; discharge.
6 (a) The length of parole
for a person sentenced under the 
7law in effect prior to
the effective date of this amendatory 
8Act of 1977 and the
length of mandatory supervised release for 
9those sentenced
under the law in effect on and after such 
10effective date
shall be as set out in Section 5-8-1 unless 
11sooner terminated
under paragraph (b) of this Section.

12 (b) The Prisoner Review Board may enter an order
releasing 
13and discharging one from parole or mandatory
supervised 
14release, and his or her commitment to the Department,
when it 
15determines that he or she is likely to remain at liberty

16without committing another offense.

17 (b-1) Provided that the subject is in compliance with the 
18terms and conditions of his or her parole or mandatory 
19supervised release, the Prisoner Review Board may reduce the 
20period of a parolee or releasee's parole or mandatory 
21supervised release by 90 days upon the parolee or releasee 
22receiving a high school diploma or upon passage of high school 
23equivalency testing during the period of his or her parole or 
24mandatory supervised release. This reduction in the period of a 
25subject's term of parole or mandatory supervised release shall 
 
 
10000SB1722sam001- 78 -LRB100 11347 RLC 23026 a


1be available only to subjects who have not previously earned a 
2high school diploma or who have not previously passed high 
3school equivalency testing. 
4 (b-2) The Prisoner Review Board shall release a low-risk 
5and need subject person from mandatory supervised release as 
6determined by an appropriate evidence-based risk and need 
7assessment. 
8 (c) The order of discharge shall become effective upon 
9entry of the
order of the Board. The Board shall notify the 
10clerk of the committing
court of the order. Upon receipt of 
11such copy, the clerk shall make an
entry on the record judgment 
12that the sentence or commitment has been
satisfied pursuant to 
13the order.

14 (d) Rights of the person discharged under this
Section 
15shall be restored under Section 5-5-5.

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



18 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)



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

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

21and regulations for awarding and revoking sentence credit for 
22persons committed to the Department which shall
be subject to 
23review by the Prisoner Review Board.

24 (1.5) As otherwise provided by law, sentence credit may be 
25awarded for the following: 
 
 
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1  (A) successful completion of programming while in 
2 custody of the Department or while in custody prior to 
3 sentencing; 
4  (B) compliance with the rules and regulations of the 
5 Department; or 
6  (C) service to the institution, service to a community, 
7 or service to the State. 
8 (2) Except as provided in paragraph (4.7) of this 
9subsection (a), the The rules and regulations on sentence 
10credit shall provide, with
respect to offenses listed in clause 
11(i), (ii), or (iii) of this paragraph (2) committed on or after 
12June 19, 1998 or with respect to the offense listed in clause 
13(iv) of this paragraph (2) committed on or after June 23, 2005 
14(the effective date of Public Act 94-71) or with
respect to 
15offense listed in clause (vi)
committed on or after June 1, 
162008 (the effective date of Public Act 95-625)
or with respect 
17to the offense of being an armed habitual criminal committed on 
18or after August 2, 2005 (the effective date of Public Act 
1994-398) or with respect to the offenses listed in clause (v) of 
20this paragraph (2) committed on or after August 13, 2007 (the 
21effective date of Public Act 95-134) or with respect to the 
22offense of aggravated domestic battery committed on or after 
23July 23, 2010 (the effective date of Public Act 96-1224) or 
24with respect to the offense of attempt to commit terrorism 
25committed on or after January 1, 2013 (the effective date of 
26Public Act 97-990), the following:

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

5  (ii) that a prisoner serving a sentence for attempt to 
6 commit terrorism, attempt to commit first
degree murder, 
7 solicitation of murder, solicitation of murder for hire,

8 intentional homicide of an unborn child, predatory 
9 criminal sexual assault of a
child, aggravated criminal 
10 sexual assault, criminal sexual assault, aggravated

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

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

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

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

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

7  (vi)
that a prisoner serving a sentence for a second or 
8 subsequent offense of luring a minor shall receive no more 
9 than 4.5 days of sentence credit for each month of his or 
10 her sentence of imprisonment; and

11  (vii) that a prisoner serving a sentence for aggravated 
12 domestic battery shall receive no more than 4.5 days of 
13 sentence credit for each month of his or her sentence of 
14 imprisonment. 
15 (2.1) For all offenses, other than those enumerated in 
16subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
17June 19, 1998 or subdivision (a)(2)(iv) committed on or after 
18June 23, 2005 (the effective date of Public Act 94-71) or 
19subdivision (a)(2)(v) committed on or after August 13, 2007 
20(the effective date of Public Act 95-134)
or subdivision 
21(a)(2)(vi) committed on or after June 1, 2008 (the effective 
22date of Public Act 95-625) or subdivision (a)(2)(vii) committed 
23on or after July 23, 2010 (the effective date of Public Act 
2496-1224), and other than the offense of aggravated driving 
25under the influence of alcohol, other drug or drugs, or

26intoxicating compound or compounds, or any combination thereof 
 
 
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1as defined in
subparagraph (F) of paragraph (1) of subsection 
2(d) of Section 11-501 of the
Illinois Vehicle Code, and other 
3than the offense of aggravated driving under the influence of 
4alcohol,
other drug or drugs, or intoxicating compound or 
5compounds, or any combination
thereof as defined in 
6subparagraph (C) of paragraph (1) of subsection (d) of
Section 
711-501 of the Illinois Vehicle Code committed on or after 
8January 1, 2011 (the effective date of Public Act 96-1230),
the 
9rules and regulations shall
provide that a prisoner who is 
10serving a term of
imprisonment shall receive one day of 
11sentence credit for each day of
his or her sentence of 
12imprisonment or recommitment under Section 3-3-9.
Each day of 
13sentence credit shall reduce by one day the prisoner's period

14of imprisonment or recommitment under Section 3-3-9.

15 (2.2) A prisoner serving a term of natural life 
16imprisonment or a
prisoner who has been sentenced to death 
17shall receive no sentence
credit.

18 (2.3) 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 driving under the influence of alcohol,
other 
22drug or drugs, or intoxicating compound or compounds, or any 
23combination
thereof as defined in subparagraph (F) of paragraph 
24(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
25Code, shall receive no more than 4.5
days of sentence credit 
26for each month of his or her sentence of
imprisonment.

 
 
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1 (2.4) Except as provided in paragraph (4.7) of this 
2subsection (a), the The rules and regulations on sentence 
3credit shall provide with
respect to the offenses of aggravated 
4battery with a machine gun or a firearm
equipped with any 
5device or attachment designed or used for silencing the
report 
6of a firearm or aggravated discharge of a machine gun or a 
7firearm
equipped with any device or attachment designed or used 
8for silencing the
report of a firearm, committed on or after

9July 15, 1999 (the effective date of Public Act 91-121),
that a 
10prisoner serving a sentence for any of these offenses shall 
11receive no
more than 4.5 days of sentence credit for each month 
12of his or her sentence
of imprisonment.

13 (2.5) Except as provided in paragraph (4.7) of this 
14subsection (a), the The rules and regulations on sentence 
15credit shall provide that a
prisoner who is serving a sentence 
16for aggravated arson committed on or after
July 27, 2001 (the 
17effective date of Public Act 92-176) shall receive no more than

184.5 days of sentence credit for each month of his or her 
19sentence of
imprisonment.

20 (2.6) Except as provided in paragraph (4.7) of this 
21subsection (a), the The rules and regulations on sentence 
22credit shall provide that a
prisoner who is serving a sentence 
23for aggravated driving under the influence of alcohol,
other 
24drug or drugs, or intoxicating compound or compounds or any 
25combination
thereof as defined in subparagraph (C) of paragraph 
26(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
 
 
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1Code committed on or after January 1, 2011 (the effective date 
2of Public Act 96-1230) shall receive no more than 4.5
days of 
3sentence credit for each month of his or her sentence of

4imprisonment.
5 (3) Except as provided in paragraph (4.7) of this 
6subsection (a), the The rules and regulations shall also 
7provide that
the Director may award up to 180 days additional 
8sentence
credit for good conduct in specific instances as the

9Director deems proper. The good conduct may include, but is not 
10limited to, compliance with the rules and regulations of the 
11Department, service to the Department, service to a community, 
12or service to the State. However, the Director shall not award 
13more than 90 days
of sentence credit for good conduct to any 
14prisoner who is serving a sentence for
conviction of first 
15degree murder, reckless homicide while under the
influence of 
16alcohol or any other drug,
or aggravated driving under the 
17influence of alcohol, other drug or drugs, or
intoxicating 
18compound or compounds, 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) Except as provided in paragraph (4.7) of this 
21subsection (a), the The rules and regulations shall also 
22provide that the sentence
credit accumulated and retained under 
23paragraph (2.1) of subsection (a) of
this Section by any inmate 
24during specific periods of time in which such
inmate is engaged 
25full-time in substance abuse programs, correctional
industry 
26assignments, educational programs, behavior modification 
 
 
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1programs, life skills courses, or re-entry planning provided by 
2the Department
under this paragraph (4) and satisfactorily 
3completes the assigned program as
determined by the standards 
4of the Department, shall be multiplied by a factor
of 1.25 for 
5program participation before August 11, 1993
and 1.50 for 
6program participation on or after that date.
The rules and 
7regulations shall also provide that sentence credit, subject to 
8the same offense limits and multiplier provided in this 
9paragraph, may be provided to an inmate who was held in 
10pre-trial detention prior to his or her current commitment to 
11the Department of Corrections and successfully completed a 
12full-time, 60-day or longer substance abuse program, 
13educational program, behavior modification program, life 
14skills course, or re-entry planning provided by the county 
15department of corrections or county jail. Calculation of this 
16county program credit shall be done at sentencing as provided 
17in Section 5-4.5-100 of this Code and shall be included in the 
18sentencing order. However, no inmate shall be eligible for the 
19additional sentence credit
under this paragraph (4) or (4.1) of 
20this subsection (a) while assigned to a boot camp
or electronic 
21detention, or if convicted of an offense enumerated in

22subdivision (a)(2)(i), (ii), or (iii) of this Section that is 
23committed on or after June 19,
1998 or subdivision (a)(2)(iv) 
24of this Section that is committed on or after June 23, 2005 
25(the effective date of Public Act 94-71) or subdivision 
26(a)(2)(v) of this Section that is committed on or after August 
 
 
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113, 2007 (the effective date of Public Act 95-134)
or 
2subdivision (a)(2)(vi) when the offense is committed on or 
3after June 1, 2008 (the effective date of Public Act 95-625) or 
4subdivision (a)(2)(vii) when the offense is committed on or 
5after July 23, 2010 (the effective date of Public Act 96-1224), 
6or if convicted of aggravated driving under the influence of 
7alcohol, other drug or drugs, or
intoxicating compound or 
8compounds or any combination thereof as defined in
subparagraph 
9(F) of paragraph (1) of subsection (d) of Section 11-501 of the

10Illinois Vehicle Code, or if convicted of aggravated driving 
11under the influence of alcohol,
other drug or drugs, or 
12intoxicating compound or compounds or any combination
thereof 
13as defined in subparagraph (C) of paragraph (1) of subsection 
14(d) of
Section 11-501 of the Illinois Vehicle Code committed on 
15or after January 1, 2011 (the effective date of Public Act 
1696-1230), or if convicted of an offense enumerated in paragraph

17(a)(2.4) of this Section that is committed on or after
July 15, 
181999 (the effective date of Public Act 91-121),
or first degree 
19murder, a Class X felony, criminal sexual
assault, felony 
20criminal sexual abuse, aggravated criminal sexual abuse,

21aggravated battery with a firearm as described in Section 
2212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
23Section 12-3.05, or any predecessor or successor offenses
with 
24the same or substantially the same elements , or any inchoate 
25offenses
relating to the foregoing offenses. No inmate shall be 
26eligible for the
additional good conduct credit under this 
 
 
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1paragraph (4) who (i) has previously
received increased good 
2conduct credit under this paragraph (4) and has
subsequently 
3been convicted of a
felony, or (ii) has previously served more 
4than one prior sentence of
imprisonment for a felony in an 
5adult correctional facility.

6 Educational, vocational, substance abuse, behavior 
7modification programs, life skills courses, re-entry planning, 
8and correctional
industry programs under which sentence credit 
9may be increased under
this paragraph (4) and paragraph (4.1) 
10of this subsection (a) shall be evaluated by the Department on 
11the basis of
documented standards. The Department shall report 
12the results of these
evaluations to the Governor and the 
13General Assembly by September 30th of each
year. The reports 
14shall include data relating to the recidivism rate among

15program participants.

16 Availability of these programs shall be subject to the

17limits of fiscal resources appropriated by the General Assembly 
18for these
purposes. Eligible inmates who are denied immediate 
19admission shall be
placed on a waiting list under criteria 
20established by the Department.
The inability of any inmate to 
21become engaged in any such programs
by reason of insufficient 
22program resources or for any other reason
established under the 
23rules and regulations of the Department shall not be
deemed a 
24cause of action under which the Department or any employee or

25agent of the Department shall be liable for damages to the 
26inmate.

 
 
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1 (4.1) Except as provided in paragraph (4.7) of this 
2subsection (a), the The rules and regulations shall also 
3provide that an additional 90 days of sentence credit shall be 
4awarded to any prisoner who passes high school equivalency 
5testing while the prisoner is committed to the Department of 
6Corrections. The sentence credit awarded under this paragraph 
7(4.1) shall be in addition to, and shall not affect, the award 
8of sentence credit under any other paragraph of this Section, 
9but shall also be pursuant to the guidelines and restrictions 
10set forth in paragraph (4) of subsection (a) of this Section.

11The sentence credit provided for in this paragraph shall be 
12available only to those prisoners who have not previously 
13earned a high school diploma or a high school equivalency 
14certificate. If, after an award of the high school equivalency 
15testing sentence credit has been made, the Department 
16determines that the prisoner was not eligible, then the award 
17shall be revoked.
The Department may also award 90 days of 
18sentence credit to any committed person who passed high school 
19equivalency testing while he or she was held in pre-trial 
20detention prior to the current commitment to the Department of 
21Corrections. 
22 (4.5) The rules and regulations on sentence credit shall 
23also provide that
when the court's sentencing order recommends 
24a prisoner for substance abuse treatment and the
crime was 
25committed on or after September 1, 2003 (the effective date of

26Public Act 93-354), the prisoner shall receive no sentence 
 
 
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1credit awarded under clause (3) of this subsection (a) unless 
2he or she participates in and
completes a substance abuse 
3treatment program. The Director may waive the requirement to 
4participate in or complete a substance abuse treatment program 
5and award the sentence credit in specific instances if the 
6prisoner is not a good candidate for a substance abuse 
7treatment program for medical, programming, or operational 
8reasons. Availability of
substance abuse treatment shall be 
9subject to the limits of fiscal resources
appropriated by the 
10General Assembly for these purposes. If treatment is not

11available and the requirement to participate and complete the 
12treatment has not been waived by the Director, the prisoner 
13shall be placed on a waiting list under criteria
established by 
14the Department. The Director may allow a prisoner placed on
a 
15waiting list to participate in and complete a substance abuse 
16education class or attend substance
abuse self-help meetings in 
17lieu of a substance abuse treatment program. A prisoner on a 
18waiting list who is not placed in a substance abuse program 
19prior to release may be eligible for a waiver and receive 
20sentence credit under clause (3) of this subsection (a) at the 
21discretion of the Director.

22 (4.6) The rules and regulations on sentence credit shall 
23also provide that a prisoner who has been convicted of a sex 
24offense as defined in Section 2 of the Sex Offender 
25Registration Act shall receive no sentence credit unless he or 
26she either has successfully completed or is participating in 
 
 
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1sex offender treatment as defined by the Sex Offender 
2Management Board. However, prisoners who are waiting to receive 
3treatment, but who are unable to do so due solely to the lack 
4of resources on the part of the Department, may, at the 
5Director's sole discretion, be awarded sentence credit at a 
6rate as the Director shall determine.
7 (4.7) On or after the effective date of this amendatory Act 
8of the 100th General Assembly, sentence credit under paragraph 
9(3), (4), or (4.1) of this subsection (a) may be awarded to a 
10prisoner who is serving a sentence for an offense described in 
11paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned 
12on or after the effective date of this amendatory Act of the 
13100th General Assembly; provided, the award of the credits 
14under this paragraph (4.7) shall not reduce the sentence of the 
15prisoner to less than the following amounts:
16  (i) 85% of his or her sentence if the prisoner is 
17 required to serve 85% of his or her sentence; or 
18  (ii) 60% of his or her sentence if the prisoner is 
19 required to serve 75% of his or her sentence.
20 This paragraph (4.7) shall not apply to a prisoner serving 
21a sentence for an offense described in subparagraph (i) of 
22paragraph (2) of this subsection (a). 
23 (5) Whenever the Department is to release any inmate 
24earlier than it
otherwise would because of a grant of sentence 
25credit for good conduct under paragraph (3) of subsection (a) 
26of this Section given at any time during the term, the 
 
 
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1Department shall give
reasonable notice of the impending 
2release not less than 14 days prior to the date of the release 
3to the State's
Attorney of the county where the prosecution of 
4the inmate took place, and if applicable, the State's Attorney 
5of the county into which the inmate will be released. The 
6Department must also make identification information and a 
7recent photo of the inmate being released accessible on the 
8Internet by means of a hyperlink labeled "Community 
9Notification of Inmate Early Release" on the Department's World 
10Wide Web homepage.
The identification information shall 
11include the inmate's: name, any known alias, date of birth, 
12physical characteristics, commitment offense and county where 
13conviction was imposed. The identification information shall 
14be placed on the website within 3 days of the inmate's release 
15and the information may not be removed until either: completion 
16of the first year of mandatory supervised release or return of 
17the inmate to custody of the Department.

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

19several convictions, with separate sentences, the sentences

20shall be construed under Section 5-8-4 in granting and

21forfeiting of sentence credit.

22 (c) The Department shall prescribe rules and regulations

23for revoking sentence credit, including revoking sentence 
24credit awarded for good conduct under paragraph (3) of 
25subsection (a) of this Section. The Department shall prescribe 
26rules and regulations for suspending or reducing
the rate of 
 
 
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1accumulation of sentence credit for specific
rule violations, 
2during imprisonment. These rules and regulations
shall provide 
3that no inmate may be penalized more than one
year of sentence 
4credit for any one infraction.

5 When the Department seeks to revoke, suspend or reduce
the 
6rate of accumulation of any sentence credits for
an alleged 
7infraction of its rules, it shall bring charges
therefor 
8against the prisoner sought to be so deprived of
sentence 
9credits before the Prisoner Review Board as
provided in 
10subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
11amount of credit at issue exceeds 30 days or
when during any 12 
12month period, the cumulative amount of
credit revoked exceeds 
1330 days except where the infraction is committed
or discovered 
14within 60 days of scheduled release. In those cases,
the 
15Department of Corrections may revoke up to 30 days of sentence 
16credit.
The Board may subsequently approve the revocation of 
17additional sentence credit, if the Department seeks to revoke 
18sentence credit in
excess of 30 days. However, the Board shall 
19not be empowered to review the
Department's decision with 
20respect to the loss of 30 days of sentence
credit within any 
21calendar year for any prisoner or to increase any penalty

22beyond the length requested by the Department.

23 The Director of the Department of Corrections, in 
24appropriate cases, may
restore up to 30 days of sentence 
25credits which have been revoked, suspended
or reduced. Any 
26restoration of sentence credits in excess of 30 days shall
be 
 
 
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1subject to review by the Prisoner Review Board. However, the 
2Board may not
restore sentence credit in excess of the amount 
3requested by the Director.

4 Nothing contained in this Section shall prohibit the 
5Prisoner Review Board
from ordering, pursuant to Section 
63-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
7sentence imposed by the court that was not served due to the

8accumulation of sentence credit.

9 (d) If a lawsuit is filed by a prisoner in an Illinois or 
10federal court
against the State, the Department of Corrections, 
11or the Prisoner Review Board,
or against any of
their officers 
12or employees, and the court makes a specific finding that a

13pleading, motion, or other paper filed by the prisoner is 
14frivolous, the
Department of Corrections shall conduct a 
15hearing to revoke up to
180 days of sentence credit by bringing 
16charges against the prisoner
sought to be deprived of the 
17sentence credits before the Prisoner Review
Board as provided 
18in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
19prisoner has not accumulated 180 days of sentence credit at the

20time of the finding, then the Prisoner Review Board may revoke 
21all
sentence credit accumulated by the prisoner.

22 For purposes of this subsection (d):

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

 
 
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1   (A) it lacks an arguable basis either in law or in 
2 fact;

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

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

9 modification, or reversal of existing law or the 
10 establishment of new law;

11   (D) the allegations and other factual contentions 
12 do not have
evidentiary
support or, if specifically so 
13 identified, are not likely to have evidentiary
support 
14 after a reasonable opportunity for further 
15 investigation or discovery;
or

16   (E) the denials of factual contentions are not 
17 warranted on the
evidence, or if specifically so 
18 identified, are not reasonably based on a lack
of 
19 information or belief.

20  (2) "Lawsuit" means a motion pursuant to Section
116-3 
21 of the Code of Criminal Procedure of 1963, a habeas corpus 
22 action under
Article X of the Code of Civil Procedure or 
23 under federal law (28 U.S.C. 2254),
a petition for claim 
24 under the Court of Claims Act, an action under the
federal 
25 Civil Rights Act (42 U.S.C. 1983), or a second or 
26 subsequent petition for post-conviction relief under 
 
 
10000SB1722sam001- 99 -LRB100 11347 RLC 23026 a


1 Article 122 of the Code of Criminal Procedure of 1963 
2 whether filed with or without leave of court or a second or 
3 subsequent petition for relief from judgment under Section 
4 2-1401 of the Code of Civil Procedure.

5 (e) Nothing in Public Act 90-592 or 90-593 affects the 
6validity of Public Act 89-404.

7 (f) Whenever the Department is to release any inmate who 
8has been convicted of a violation of an order of protection 
9under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
10the Criminal Code of 2012, earlier than it
otherwise would 
11because of a grant of sentence credit, the Department, as a 
12condition of release, shall require that the person, upon 
13release, be placed under electronic surveillance as provided in 
14Section 5-8A-7 of this Code. 
15(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, 
16eff. 1-1-16; 99-642, eff. 7-28-16.)




17 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)


18 Sec. 5-4-1. Sentencing Hearing. 

19 (a) Except when the death penalty is
sought under hearing 
20procedures otherwise specified, after a
determination of 
21guilt, a hearing shall be held to impose the sentence.
However, 
22prior to the imposition of sentence on an individual being

23sentenced for an offense based upon a charge for a violation of 
24Section
11-501 of the Illinois Vehicle Code or a similar 
25provision of a local
ordinance, the individual must undergo a 
 
 
10000SB1722sam001- 100 -LRB100 11347 RLC 23026 a


1professional evaluation to
determine if an alcohol or other 
2drug abuse problem exists and the extent
of such a problem. 
3Programs conducting these evaluations shall be
licensed by the 
4Department of Human Services. However, if the individual is
not 
5a resident of Illinois, the court
may, in its discretion, 
6accept an evaluation from a program in the state of
such 
7individual's residence. The court may in its sentencing order 
8approve an
eligible defendant for placement in a Department of 
9Corrections impact
incarceration program as provided in 
10Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing 
11order recommend a defendant for placement in a Department of 
12Corrections substance abuse treatment program as provided in 
13paragraph (a) of subsection (1) of Section 3-2-2 conditioned 
14upon the defendant being accepted in a program by the 
15Department of Corrections. At the
hearing the court
shall:


16  (1) consider the evidence, if any, received upon the 
17 trial;


18  (2) consider any presentence reports;


19  (3) consider the financial impact of incarceration 
20 based on the
financial impact statement filed with the 
21 clerk of the court by the
Department of Corrections;


22  (4) consider evidence and information offered by the 
23 parties in
aggravation and mitigation;
24  (4.5) consider substance abuse treatment, eligibility 
25 screening, and an assessment, if any, of the defendant by 
26 an agent designated by the State of Illinois to provide 
 
 
10000SB1722sam001- 101 -LRB100 11347 RLC 23026 a


1 assessment services for the Illinois courts;



2  (5) hear arguments as to sentencing alternatives;


3  (6) afford the defendant the opportunity to make a 
4 statement in his
own behalf;


5  (7) afford the victim of a violent crime or a violation 
6 of Section
11-501 of the Illinois Vehicle Code, or a 
7 similar provision of a local
ordinance, or a qualified 
8 individual affected by: (i) a violation of Section
405, 
9 405.1, 405.2, or 407 of the Illinois Controlled Substances 
10 Act or a violation of Section 55 or Section 65 of the 
11 Methamphetamine Control and Community Protection Act,
or 
12 (ii) a Class 4 felony violation of Section 11-14, 11-14.3 
13 except as described in subdivisions (a)(2)(A) and 
14 (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012,

16 committed by the defendant the opportunity to make a 
17 statement
concerning the impact on the victim and to offer 
18 evidence in aggravation or
mitigation; provided that the 
19 statement and evidence offered in aggravation
or 
20 mitigation must first be prepared in writing in conjunction 
21 with the
State's Attorney before it may be presented orally 
22 at the hearing. Any
sworn testimony offered by the victim 
23 is subject to the defendant's right
to cross-examine. All 
24 statements and evidence offered under this paragraph
(7) 
25 shall become part of the record of the court. For the 
26 purpose of this
paragraph (7), "qualified individual" 
 
 
10000SB1722sam001- 102 -LRB100 11347 RLC 23026 a


1 means any person who (i) lived or worked
within the 
2 territorial jurisdiction where the offense took place when 
3 the
offense took place;
and (ii) is familiar with various 
4 public places within the territorial
jurisdiction where

5 the offense took place when the offense took place. For the 
6 purposes of
this paragraph (7), "qualified individual" 
7 includes any peace officer,
or any member of any duly 
8 organized State, county, or municipal peace unit
assigned 
9 to the territorial jurisdiction where the offense took 
10 place when the
offense took
place;


11  (8) in cases of reckless homicide afford the victim's 
12 spouse,
guardians, parents or other immediate family 
13 members an opportunity to make
oral statements;

14  (9) in cases involving a felony sex offense as defined 
15 under the Sex
Offender
Management Board Act, consider the 
16 results of the sex offender evaluation
conducted pursuant 
17 to Section 5-3-2 of this Act; and

18  (10) make a finding of whether a motor vehicle was used 
19 in the commission of the offense for which the defendant is 
20 being sentenced. 
21 (b) All sentences shall be imposed by the judge based upon 
22his
independent assessment of the elements specified above and 
23any agreement
as to sentence reached by the parties. The judge 
24who presided at the
trial or the judge who accepted the plea of 
25guilty shall impose the
sentence unless he is no longer sitting 
26as a judge in that court. Where
the judge does not impose 
 
 
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1sentence at the same time on all defendants
who are convicted 
2as a result of being involved in the same offense, the

3defendant or the State's Attorney may advise the sentencing 
4court of the
disposition of any other defendants who have been 
5sentenced.

6 (b-1) In imposing a sentence of imprisonment or periodic 
7imprisonment for a Class 3 or Class 4 felony for which a 
8sentence of probation or conditional discharge is an available 
9sentence, if the defendant has no prior sentence of probation 
10or conditional discharge and no prior conviction for a violent 
11crime, the defendant shall not be sentenced to imprisonment 
12before review and consideration of a presentence report and 
13determination and explanation of why the particular evidence, 
14information, factor in aggravation, factual finding, or other 
15reasons support a sentencing determination that one or more of 
16the factors under subsection (a) of Section 5-6-1 of this Code 
17apply and that probation or conditional discharge is not an 
18appropriate sentence. 
19 (c) In imposing a sentence for a violent crime or for an 
20offense of
operating or being in physical control of a vehicle 
21while under the
influence of alcohol, any other drug or any 
22combination thereof, or a
similar provision of a local 
23ordinance, when such offense resulted in the
personal injury to 
24someone other than the defendant, the trial judge shall
specify 
25on the record the particular evidence, information, factors in

26mitigation and aggravation or other reasons that led to his 
 
 
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1sentencing
determination. The full verbatim record of the 
2sentencing hearing shall be
filed with the clerk of the court 
3and shall be a public record.

4 (c-1) In imposing a sentence for the offense of aggravated 
5kidnapping for
ransom, home invasion, armed robbery, 
6aggravated vehicular hijacking,
aggravated discharge of a 
7firearm, or armed violence with a category I weapon
or category 
8II weapon,
the trial judge shall make a finding as to whether 
9the conduct leading to
conviction for the offense resulted in 
10great bodily harm to a victim, and
shall enter that finding and 
11the basis for that finding in the record.

12 (c-2) If the defendant is sentenced to prison, other than 
13when a sentence of
natural life imprisonment or a sentence of 
14death is imposed, at the time
the sentence is imposed the judge 
15shall
state on the record in open court the approximate period 
16of time the defendant
will serve in custody according to the 
17then current statutory rules and
regulations for sentence 
18credit found in Section 3-6-3 and other related
provisions of 
19this Code. This statement is intended solely to inform the

20public, has no legal effect on the defendant's actual release, 
21and may not be
relied on by the defendant on appeal.

22 The judge's statement, to be given after pronouncing the 
23sentence, other than
when the sentence is imposed for one of 
24the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, 
25shall include the following:

26 "The purpose of this statement is to inform the public of 
 
 
10000SB1722sam001- 105 -LRB100 11347 RLC 23026 a


1the actual period
of time this defendant is likely to spend in 
2prison as a result of this
sentence. The actual period of 
3prison time served is determined by the
statutes of Illinois as 
4applied to this sentence by the Illinois Department of

5Corrections and
the Illinois Prisoner Review Board. In this 
6case, assuming the defendant
receives all of his or her 
7sentence credit, the period of estimated actual
custody is ... 
8years and ... months, less up to 180 days additional sentence 
9credit for good conduct. If the defendant, because of his or

10her own misconduct or failure to comply with the institutional 
11regulations,
does not receive those credits, the actual time 
12served in prison will be
longer. The defendant may also receive 
13an additional one-half day sentence
credit for each day of 
14participation in vocational, industry, substance abuse,
and 
15educational programs as provided for by Illinois statute."

16 When the sentence is imposed for one of the offenses 
17enumerated in paragraph
(a)(3) of Section 3-6-3, other than 
18when the sentence is imposed for one of the
offenses enumerated 
19in paragraph (a)(2) of Section 3-6-3 committed on or after
June 
2019, 1998, and other than when the sentence is imposed for

21reckless homicide as defined in subsection (e) of Section 9-3 
22of the Criminal
Code of 1961 or the Criminal Code of 2012 if 
23the offense was committed on or after January 1, 1999, and

24other than when the sentence is imposed for aggravated arson if 
25the offense was
committed on or after July 27, 2001 (the 
26effective date of Public Act
92-176), and
other than when the 
 
 
10000SB1722sam001- 106 -LRB100 11347 RLC 23026 a


1sentence is imposed for aggravated driving under the influence 
2of alcohol,
other drug or drugs, or intoxicating compound or 
3compounds, or any combination
thereof as defined in 
4subparagraph (C) of paragraph (1) of subsection (d) of
Section 
511-501 of the Illinois Vehicle Code committed on or after 
6January 1, 2011 (the effective date of Public Act 96-1230), the

7judge's statement, to be given after pronouncing the sentence, 
8shall include
the following:

9 "The purpose of this statement is to inform the public of 
10the actual period
of time this defendant is likely to spend in 
11prison as a result of this
sentence. The actual period of 
12prison time served is determined by the
statutes of Illinois as 
13applied to this sentence by the Illinois Department of

14Corrections and the Illinois Prisoner Review Board. In this 
15case,
assuming the defendant
receives all of his or her 
16sentence credit, the period of estimated actual
custody is ... 
17years and ... months, less up to 90 days additional sentence 
18credit for good conduct. If the defendant, because of his or

19her own misconduct or failure to comply with the institutional 
20regulations,
does not receive those credits, the actual time 
21served in prison will be
longer. The defendant may also receive 
22an additional one-half day sentence
credit for each day of 
23participation in vocational, industry, substance abuse,
and 
24educational programs as provided for by Illinois statute."

25 When the sentence is imposed for one of the offenses 
26enumerated in paragraph
(a)(2) of Section 3-6-3, other than 
 
 
10000SB1722sam001- 107 -LRB100 11347 RLC 23026 a


1first degree murder, and the offense was
committed on or after 
2June 19, 1998, and when the sentence is imposed for
reckless 
3homicide as defined in subsection (e) of Section 9-3 of the 
4Criminal
Code of 1961 or the Criminal Code of 2012 if the 
5offense was committed on or after January 1, 1999,
and when the 
6sentence is imposed for aggravated driving under the influence

7of alcohol, other drug or drugs, or intoxicating compound or 
8compounds, or
any combination thereof as defined in 
9subparagraph (F) of paragraph (1) of
subsection (d) of Section 
1011-501 of the Illinois Vehicle Code, and when
the sentence is 
11imposed for aggravated arson if the offense was committed
on or 
12after July 27, 2001 (the effective date of Public Act 92-176), 
13and when
the sentence is imposed for aggravated driving under 
14the influence of alcohol,
other drug or drugs, or intoxicating 
15compound or compounds, or any combination
thereof as defined in 
16subparagraph (C) of paragraph (1) of subsection (d) of
Section 
1711-501 of the Illinois Vehicle Code committed on or after 
18January 1, 2011 (the effective date of Public Act 96-1230), the 
19judge's
statement, to be given after pronouncing the sentence, 
20shall include the
following:

21 "The purpose of this statement is to inform the public of 
22the actual period
of time this defendant is likely to spend in 
23prison as a result of this
sentence. The actual period of 
24prison time served is determined by the
statutes of Illinois as 
25applied to this sentence by the Illinois Department of

26Corrections and
the Illinois Prisoner Review Board. In this 
 
 
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1case,
the defendant is entitled to no more than 4 1/2 days of 
2sentence credit for
each month of his or her sentence of 
3imprisonment. Therefore, this defendant
will serve at least 85% 
4of his or her sentence. Assuming the defendant
receives 4 1/2 
5days credit for each month of his or her sentence, the period

6of estimated actual custody is ... years and ... months, less 
7up to 180 days additional sentence credit for good conduct. The 
8defendant may also receive an additional one-half day sentence

9credit for each day of participation in vocational, industry, 
10substance abuse,
and educational programs earned on or after 
11January 1, 2019 as provided for by Illinois statute and subject 
12to the limitations of Illinois statute. Assuming the defendant

13receives the credit, the period
of estimated actual custody 
14would be reduced by the credit. However, the credit may not 
15reduce time served to less than the amount set forth in 
16paragraph (4.7) of subsection (a) of Section 3-6-3. If the 
17defendant,
because of his or her own misconduct or failure to 
18comply with the
institutional regulations receives lesser 
19credit, the actual time served in
prison will be longer."

20 When a sentence of imprisonment is imposed for first degree 
21murder and
the offense was committed on or after June 19, 1998, 
22the judge's statement,
to be given after pronouncing the 
23sentence, shall include the following:

24 "The purpose of this statement is to inform the public of 
25the actual period
of time this defendant is likely to spend in 
26prison as a result of this
sentence. The actual period of 
 
 
10000SB1722sam001- 109 -LRB100 11347 RLC 23026 a


1prison time served is determined by the
statutes of Illinois as 
2applied to this sentence by the Illinois Department
of 
3Corrections and the Illinois Prisoner Review Board. In this 
4case, the
defendant is not entitled to sentence credit earned 
5before January 1, 2019. The defendant is entitled to earn 10% 
6sentence credit for credits earned on or after January 1, 2019 
7and up to 180 days of additional sentence credit for good 
8conduct. If the defendant,
because of his or her own misconduct 
9or failure to comply with the
institutional regulations 
10receives lesser credit, the actual time served in
prison will 
11be longer. Therefore, this defendant
will serve at least 90% of 
12his or her sentence. However, the credit may not reduce time 
13served to less than the amount set forth in paragraph (4.7) of 
14subsection (a) of Section 3-6-3 Therefore, this defendant
will 
15serve 100% of his or her sentence."

16 When the sentencing order recommends placement in a 
17substance abuse program for any offense that results in 
18incarceration
in a Department of Corrections facility and the 
19crime was
committed on or after September 1, 2003 (the 
20effective date of Public Act
93-354), the judge's
statement, in 
21addition to any other judge's statement required under this

22Section, to be given after pronouncing the sentence, shall 
23include the
following:

24 "The purpose of this statement is to inform the public of

25the actual period of time this defendant is likely to spend in

26prison as a result of this sentence. The actual period of

 
 
10000SB1722sam001- 110 -LRB100 11347 RLC 23026 a


1prison time served is determined by the statutes of Illinois as

2applied to this sentence by the Illinois Department of

3Corrections and the Illinois Prisoner Review Board. In this

4case, the defendant shall receive no sentence credit for good 
5conduct under clause (3) of subsection (a) of Section 3-6-3 
6until he or
she participates in and completes a substance abuse 
7treatment program or receives a waiver from the Director of 
8Corrections pursuant to clause (4.5) of subsection (a) of 
9Section 3-6-3."

10 (c-4) Before the sentencing hearing and as part of the 
11presentence investigation under Section 5-3-1, the court shall 
12inquire of the defendant whether the defendant is currently 
13serving in or is a veteran of the Armed Forces of the United 
14States.
If the defendant is currently serving in the Armed 
15Forces of the United States or is a veteran of the Armed Forces 
16of the United States and has been diagnosed as having a mental 
17illness by a qualified psychiatrist or clinical psychologist or 
18physician, the court may:
19  (1) order that the officer preparing the presentence 
20 report consult with the United States Department of 
21 Veterans Affairs, Illinois Department of Veterans' 
22 Affairs, or another agency or person with suitable 
23 knowledge or experience for the purpose of providing the 
24 court with information regarding treatment options 
25 available to the defendant, including federal, State, and 
26 local programming; and
 
 
10000SB1722sam001- 111 -LRB100 11347 RLC 23026 a


1  (2) consider the treatment recommendations of any 
2 diagnosing or treating mental health professionals 
3 together with the treatment options available to the 
4 defendant in imposing sentence.
5 For the purposes of this subsection (c-4), "qualified 
6psychiatrist" means a reputable physician licensed in Illinois 
7to practice medicine in all its branches, who has specialized 
8in the diagnosis and treatment of mental and nervous disorders 
9for a period of not less than 5 years. 
10 (c-6) In imposing a sentence, the trial judge shall 
11specify, on the record, the particular evidence and other 
12reasons which led to his or her determination that a motor 
13vehicle was used in the commission of the offense. 
14 (d) When the defendant is committed to the Department of

15Corrections, the State's Attorney shall and counsel for the 
16defendant
may file a statement with the clerk of the court to 
17be transmitted to
the department, agency or institution to 
18which the defendant is
committed to furnish such department, 
19agency or institution with the
facts and circumstances of the 
20offense for which the person was
committed together with all 
21other factual information accessible to them
in regard to the 
22person prior to his commitment relative to his habits,

23associates, disposition and reputation and any other facts and

24circumstances which may aid such department, agency or 
25institution
during its custody of such person. The clerk shall 
26within 10 days after
receiving any such statements transmit a 
 
 
10000SB1722sam001- 112 -LRB100 11347 RLC 23026 a


1copy to such department, agency
or institution and a copy to 
2the other party, provided, however, that
this shall not be 
3cause for delay in conveying the person to the
department, 
4agency or institution to which he has been committed.

5 (e) The clerk of the court shall transmit to the 
6department,
agency or institution, if any, to which the 
7defendant is committed, the
following:


8  (1) the sentence imposed;


9  (2) any statement by the court of the basis for 
10 imposing the sentence;


11  (3) any presentence reports;

12  (3.5) any sex offender evaluations;

13  (3.6) any substance abuse treatment eligibility 
14 screening and assessment of the defendant by an agent 
15 designated by the State of Illinois to provide assessment 
16 services for the Illinois courts;


17  (4) the number of days, if any, which the defendant has 
18 been in
custody and for which he is entitled to credit 
19 against the sentence,
which information shall be provided 
20 to the clerk by the sheriff;


21  (4.1) any finding of great bodily harm made by the 
22 court with respect
to an offense enumerated in subsection 
23 (c-1);


24  (5) all statements filed under subsection (d) of this 
25 Section;


26  (6) any medical or mental health records or summaries 
 
 
10000SB1722sam001- 113 -LRB100 11347 RLC 23026 a


1 of the defendant;


2  (7) the municipality where the arrest of the offender 
3 or the commission
of the offense has occurred, where such 
4 municipality has a population of
more than 25,000 persons;


5  (8) all statements made and evidence offered under 
6 paragraph (7) of
subsection (a) of this Section; and


7  (9) all additional matters which the court directs the 
8 clerk to
transmit.

9 (f) In cases in which the court finds that a motor vehicle 
10was used in the commission of the offense for which the 
11defendant is being sentenced, the clerk of the court shall, 
12within 5 days thereafter, forward a report of such conviction 
13to the Secretary of State. 
14(Source: P.A. 99-861, eff. 1-1-17.)

15 (730 ILCS 5/5-4.5-25)
16 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
17felony:
18 (a) TERM. The sentence of imprisonment shall be a 
19determinate sentence of not less than 6 years and not more than 
2030 years. The sentence of imprisonment for an extended term 
21Class X felony, as provided in Section 5-8-2 (730 ILCS 
225/5-8-2), shall be not less than 30 years and not more than 60 
23years.

24 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
25shall not be imposed.

 
 
10000SB1722sam001- 114 -LRB100 11347 RLC 23026 a


1 (c) IMPACT INCARCERATION. The impact incarceration program 
2or the county impact incarceration program is not an authorized 
3disposition.

4 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
5probation or conditional discharge shall not be imposed.

6 (e) FINE. Fines may be imposed as provided in Section 
75-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

8 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
9concerning restitution.

10 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
11be concurrent or consecutive as provided in Section 5-8-4 (730 
12ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

13 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
14Act (730 ILCS 166/20) concerning eligibility for a drug court 
15program.

16 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
17ILCS 5/5-4.5-100) concerning no credit for time spent in home 
18detention prior to judgment.

19 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
20for rules and regulations for sentence credit.

21 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
225/5-8A-3) concerning eligibility for electronic home 
23detention.

24 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
25provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
265/5-8-1), the parole or mandatory supervised release term shall 
 
 
10000SB1722sam001- 115 -LRB100 11347 RLC 23026 a


1be 18 months 3 years upon release from imprisonment.


2(Source: P.A. 97-697, eff. 6-22-12.)

3 (730 ILCS 5/5-4.5-30)
4 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
5felony:
6 (a) TERM. The sentence of imprisonment, other than for 
7second degree murder, shall be a determinate sentence of not 
8less than 4 years and not more than 15 years. The sentence of 
9imprisonment for second degree murder shall be a determinate 
10sentence of not less than 4 years and not more than 20 years. 
11The sentence of imprisonment for an extended term Class 1 
12felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall 
13be a term not less than 15 years and not more than 30 years.

14 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
15imprisonment shall be for a definite term of from 3 to 4 years, 
16except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
17ILCS 5/5-5-3 or 5/5-7-1).

18 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
19(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
20the impact incarceration program or the county impact 
21incarceration program.

22 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
23in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
24period of probation or conditional discharge shall not exceed 4 
25years. The court shall specify the conditions of probation or 
 
 
10000SB1722sam001- 116 -LRB100 11347 RLC 23026 a


1conditional discharge as set forth in Section 5-6-3 (730 ILCS 
25/5-6-3). In no case shall an offender be eligible for a 
3disposition of probation or conditional discharge for a Class 1 
4felony committed while he or she was serving a term of 
5probation or conditional discharge for a felony.

6 (e) FINE. Fines may be imposed as provided in Section 
75-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

8 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
9concerning restitution.

10 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
11be concurrent or consecutive as provided in Section 5-8-4 (730 
12ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

13 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
14Act (730 ILCS 166/20) concerning eligibility for a drug court 
15program.

16 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
17ILCS 5/5-4.5-100) concerning credit for time spent in home 
18detention prior to judgment.

19 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
20ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
21(730 ILCS 130/) for rules and regulations for sentence credit.

22 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
235/5-8A-3) concerning eligibility for electronic home 
24detention.

25 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
 
 
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15/5-8-1), the parole or mandatory supervised release term shall 
2be 18 months 2 years upon release from imprisonment.


3(Source: P.A. 97-697, eff. 6-22-12.)

4 (730 ILCS 5/5-4.5-35)
5 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 
6felony:
7 (a) TERM. The sentence of imprisonment shall be a 
8determinate sentence of not less than 3 years and not more than 
97 years. The sentence of imprisonment for an extended term 
10Class 2 felony, as provided in Section 5-8-2 (730 ILCS 
115/5-8-2), shall be a term not less than 7 years and not more 
12than 14 years.

13 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
14imprisonment shall be for a definite term of from 18 to 30 
15months, except as otherwise provided in Section 5-5-3 or 5-7-1 
16(730 ILCS 5/5-5-3 or 5/5-7-1).

17 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
18(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
19the impact incarceration program or the county impact 
20incarceration program.

21 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
23period of probation or conditional discharge shall not exceed 4 
24years. The court shall specify the conditions of probation or 
25conditional discharge as set forth in Section 5-6-3 (730 ILCS 
 
 
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15/5-6-3).

2 (e) FINE. Fines may be imposed as provided in Section 
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

4 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
5concerning restitution.

6 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
7be concurrent or consecutive as provided in Section 5-8-4 (730 
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

9 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
10Act (730 ILCS 166/20) concerning eligibility for a drug court 
11program.

12 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
13ILCS 5/5-4.5-100) concerning credit for time spent in home 
14detention prior to judgment.

15 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
16ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
17(730 ILCS 130/) for rules and regulations for sentence credit.

18 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
195/5-8A-3) concerning eligibility for electronic home 
20detention.

21 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
22provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
235/5-8-1), the parole or mandatory supervised release term shall 
24be 18 months 2 years upon release from imprisonment.


25(Source: P.A. 97-697, eff. 6-22-12.)

 
 
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1 (730 ILCS 5/5-4.5-95)
2 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
3 (a) HABITUAL CRIMINALS.
4  (1) Every person who has been twice convicted in any 
5 state or federal court of an offense that contains the same 
6 elements as an offense now (the date of the offense 
7 committed after the 2 prior convictions) classified in 
8 Illinois as a Class X felony, criminal sexual assault, 
9 aggravated kidnapping, or first degree murder, and who is 
10 thereafter convicted of a Class X felony, criminal sexual 
11 assault, or first degree murder, committed after the 2 
12 prior convictions, shall be adjudged an habitual criminal.
13  (2) The 2 prior convictions need not have been for the 
14 same offense.
15  (3) Any convictions that result from or are connected 
16 with the same transaction, or result from offenses 
17 committed at the same time, shall be counted for the 
18 purposes of this Section as one conviction.
19  (4) This Section does not apply unless each of the 
20 following requirements are satisfied:
21   (A) The third offense was committed after July 3, 
22 1980.
23   (B) The third offense was committed within 20 years 
24 of the date that judgment was entered on the first 
25 conviction; provided, however, that time spent in 
26 custody shall not be counted.
 
 
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1   (C) The third offense was committed after 
2 conviction on the second offense.
3   (D) The second offense was committed after 
4 conviction on the first offense.
5  (5) Anyone who, having attained the age of 18 at the 
6 time of the third offense, is adjudged an habitual criminal 
7 shall be sentenced to a term of natural life imprisonment.
8  (6) A prior conviction shall not be alleged in the 
9 indictment, and no evidence or other disclosure of that 
10 conviction shall be presented to the court or the jury 
11 during the trial of an offense set forth in this Section 
12 unless otherwise permitted by the issues properly raised in 
13 that trial. After a plea or verdict or finding of guilty 
14 and before sentence is imposed, the prosecutor may file 
15 with the court a verified written statement signed by the 
16 State's Attorney concerning any former conviction of an 
17 offense set forth in this Section rendered against the 
18 defendant. The court shall then cause the defendant to be 
19 brought before it; shall inform the defendant of the 
20 allegations of the statement so filed, and of his or her 
21 right to a hearing before the court on the issue of that 
22 former conviction and of his or her right to counsel at 
23 that hearing; and unless the defendant admits such 
24 conviction, shall hear and determine the issue, and shall 
25 make a written finding thereon. If a sentence has 
26 previously been imposed, the court may vacate that sentence 
 
 
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1 and impose a new sentence in accordance with this Section.
2  (7) A duly authenticated copy of the record of any 
3 alleged former conviction of an offense set forth in this 
4 Section shall be prima facie evidence of that former 
5 conviction; and a duly authenticated copy of the record of 
6 the defendant's final release or discharge from probation 
7 granted, or from sentence and parole supervision (if any) 
8 imposed pursuant to that former conviction, shall be prima 
9 facie evidence of that release or discharge.
10  (8) Any claim that a previous conviction offered by the 
11 prosecution is not a former conviction of an offense set 
12 forth in this Section because of the existence of any 
13 exceptions described in this Section, is waived unless duly 
14 raised at the hearing on that conviction, or unless the 
15 prosecution's proof shows the existence of the exceptions 
16 described in this Section.
17  (9) If the person so convicted shows to the 
18 satisfaction of the court before whom that conviction was 
19 had that he or she was released from imprisonment, upon 
20 either of the sentences upon a pardon granted for the 
21 reason that he or she was innocent, that conviction and 
22 sentence shall not be considered under this Section.

23 (b) When a defendant, over the age of 21 years, is 
24convicted of a Class 1 or Class 2 felony, except for an offense 
25listed in subsection (c) of this Section, after having twice 
26been convicted in any state or federal court of an offense that 
 
 
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1contains the same elements as an offense now (the date the 
2Class 1 or Class 2 felony was committed) classified in Illinois 
3as a Class 2 or greater Class felony, except for an offense 
4listed in subsection (c) of this Section, and those charges are 
5separately brought and tried and arise out of different series 
6of acts, that defendant shall be sentenced as a Class X 
7offender. This subsection does not apply unless:
8  (1) the first felony was committed after February 1, 
9 1978 (the effective date of Public Act 80-1099);
10  (2) the second felony was committed after conviction on 
11 the first; and
12  (3) the third felony was committed after conviction on 
13 the second.
14 (c) Subsection (b) of this Section does not apply to Class 
151 or Class 2 felony convictions for a violation of: 
16  (1) subsections (c) or (d) of Section 401, or 
17 subsection (a) of Section 402 of the Illinois Controlled 
18 Substances Act; 
19  (2) Section 4 or Section 5 of the Cannabis Control Act; 
20  (3) Section 16-1 of the Criminal Code of 2012. 
21 A person sentenced as a Class X offender under this 
22subsection (b) is not eligible to apply for treatment as a 
23condition of probation as provided by Section 40-10 of the 
24Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 
25301/40-10).

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

 
 
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1 (730 ILCS 5/5-4.5-110 new)
2 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
3PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
4 (a) DEFINITIONS. For the purposes of this Section:
5  "Firearm" has the meaning ascribed to it in Section 1.1 
6 of the Firearm Owners Identification Card Act.
7  "Qualifying predicate offense" means the following 
8 offenses under the Criminal Code of 2012:
9   (A) aggravated unlawful use of a weapon under 
10 Section 24-1.6 or similar offense under the Criminal 
11 Code of 1961, when the weapon is a firearm; 
12   (B) unlawful use or possession of a weapon by a 
13 felon under 24-1.1 or similar offense under the 
14 Criminal Code of 1961, when the
weapon is a firearm;
15   (C) first degree murder under Section 9-1 or 
16 similar offense under the Criminal Code of 1961;
17   (D) attempted first degree murder with a firearm or 
18 similar offense under the Criminal Code of 1961;
19   (E) aggravated kidnapping with a firearm under 
20 paragraph (6) or (7) of subsection (a) of Section 10-2 
21 or similar offense under the Criminal Code of 1961;
22   (F) aggravated battery with a firearm under 
23 subsection (e) of Section 12-3.05 or similar offense 
24 under the Criminal Code of 1961;
25   (G) aggravated criminal sexual assault under 
 
 
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1 Section 11-1.30 or similar offense under the Criminal 
2 Code of 1961;
3   (H) predatory criminal sexual assault of a child 
4 under Section 11-1.40 or similar offense under the 
5 Criminal Code of 1961;
6   (I) armed robbery under Section 18-2 or similar 
7 offense under the Criminal Code of 1961;
8   (J) vehicular hijacking under Section 18-3 or 
9 similar offense under the Criminal Code of 1961;
10   (K) aggravated vehicular hijacking under Section 
11 18-4 or similar offense under the Criminal Code of 
12 1961;
13   (L) home invasion with a firearm under paragraph 
14 (3), (4), or (5) of subsection (a) of Section 19-6 or 
15 similar offense under the Criminal Code of 1961;
16   (M) aggravated discharge of a firearm under 
17 Section 24-1.2 or similar offense under the Criminal 
18 Code of 1961;
19   (N) aggravated discharge of a machine gun or a 
20 firearm equipped with a device
designed or used for 
21 silencing the report of a firearm under Section 
22 24-1.2-5 or similar offense under the Criminal Code of 
23 1961;
24   (0) unlawful use of firearm projectiles under 
25 Section 24-2.1 or similar offense under the Criminal 
26 Code of 1961;
 
 
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1   (P) manufacture, sale, or transfer of bullets or 
2 shells represented to be armor piercing
bullets, 
3 dragon's breath shotgun shells, bolo shells, or 
4 flechette shells under Section 24-2.2 or similar 
5 offense under the Criminal Code of 1961;
6   (Q) unlawful sale or delivery of firearms under 
7 Section 24-3 or similar offense under the Criminal Code 
8 of 1961;
9   (R) unlawful discharge of firearm projectiles 
10 under Section 24-3.2 or similar offense under the 
11 Criminal Code of 1961;
12   (S) unlawful sale or delivery of firearms on school 
13 premises of any school under Section 24-3.3 or similar 
14 offense under the Criminal Code of 1961;
15   (T) unlawful purchase of a firearm under Section 
16 24-3.5 or similar offense under the Criminal Code of 
17 1961;
18   (U) use of a stolen firearm in the commission of an 
19 offense under Section 24-3.7 or similar offense under 
20 the Criminal Code of 1961;
21   (V) possession of a stolen firearm under Section 
22 24-3.8 or similar offense under the Criminal Code of 
23 1961;
24   (W) aggravated possession of a stolen firearm 
25 under Section 24-3.9 or similar offense under the 
26 Criminal Code of 1961;
 
 
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1   (X) gunrunning under Section 24-3A or similar 
2 offense under the Criminal Code of 1961;
3   (Y) defacing identification marks of firearms 
4 under Section 24-5 or similar offense under the 
5 Criminal Code of 1961; and
6   (Z) armed violence under Section 33A-2 or similar 
7 offense under the Criminal Code of 1961. 
8 (b) APPLICABILITY. On or after the effective date of this 
9amendatory Act of the 100th General Assembly, when a person is 
10convicted of unlawful use or possession of a weapon by a felon, 
11when the weapon is a firearm, or aggravated unlawful use of a 
12weapon, when the weapon is a firearm, after being previously 
13convicted of a qualifying predicate offense the person shall be 
14subject to the sentencing guidelines under this Section.
15 (c) SENTENCING GUIDELINES.
16  (1) When a person is convicted of unlawful use or 
17 possession of a weapon by a felon, when the weapon is a 
18 firearm, and that person has been previously convicted of a 
19 qualifying predicate offense, the person shall be 
20 sentenced to a term of imprisonment within the sentencing 
21 range of not less than 7 years and not more than 14 years, 
22 unless the court finds that a departure from the sentencing 
23 guidelines under this paragraph is warranted under 
24 subsection (d) of this Section.
25  (2) When a person is convicted of aggravated unlawful 
26 use of a weapon, when the weapon is a firearm, and that 
 
 
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1 person has been previously convicted of a qualifying 
2 predicate offense, the person shall be sentenced to a term 
3 of imprisonment within the sentencing range of not less 
4 than 6 years and not more than 7 years, unless the court 
5 finds that a departure from the sentencing guidelines under 
6 this paragraph is warranted under subsection (d) of this 
7 Section. 
8 (d) DEPARTURE FROM SENTENCING GUIDELINES.
9  (1) At the sentencing hearing conducted under Section 
10 5-4-1 of this Code, the court may depart from the

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

17 substantial and compelling justification that the sentence 
18 within the sentencing guidelines would be unduly harsh and

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

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

12 (730 ILCS 5/5-6-3.3)
13 Sec. 5-6-3.3. Offender Initiative Program.
14 (a) Statement of purpose. The General Assembly seeks to

15continue other successful programs that promote public safety,

16conserve valuable resources, and reduce recidivism by

17defendants who can lead productive lives by creating the

18Offender Initiative Program.
19 (a-1) Whenever any person who has not previously been

20convicted of, or placed on probation or conditional discharge

21for, any felony offense under the laws of this State, the laws

22of any other state, or the laws of the United States, is

23arrested for and charged with a probationable felony offense of 
24theft, retail theft, forgery, possession of a stolen motor

25vehicle, burglary, possession of burglary tools, deceptive 
 
 
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1practices, disorderly conduct, criminal damage or trespass to 
2property under Article 21 of the Criminal Code of 2012, 
3criminal trespass to a residence, obstructing justice, or an 
4offense involving fraudulent identification, or possession of

5cannabis, possession of a controlled substance, or possession

6of methamphetamine, the court, with the consent of the

7defendant and the State's Attorney, may continue this matter to

8allow a defendant to participate and complete the Offender

9Initiative Program.
10 (a-2) Exemptions. A defendant shall not be eligible for 
11this Program if the offense he or she has been arrested for and 
12charged with is a violent offense. For purposes of this

13Program, a "violent offense" is any offense where bodily harm

14was inflicted or where force was used against any person or

15threatened against any person, any offense involving sexual

16conduct, sexual penetration, or sexual exploitation, any

17offense of domestic violence, domestic battery, violation of an

18order of protection, stalking, hate crime, driving under the

19influence of drugs or alcohol, and any offense involving the

20possession of a firearm or dangerous weapon. A defendant shall

21not be eligible for this Program if he or she has previously

22been adjudicated a delinquent minor for the commission of a

23violent offense as defined in this subsection.
24 (b) When a defendant is placed in the Program, after both 
25the defendant and State's Attorney waive preliminary hearing 
26pursuant to Section 109-3 of the Code of Criminal Procedure of 
 
 
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11963, the court
shall enter an order specifying that
the 
2proceedings shall be suspended while the defendant is 
3participating in a Program of not less 12 months.
4 (c) The conditions of the Program shall be that the

5defendant:
6  (1) not violate any criminal statute of this State or

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

9 dangerous weapon;
10  (3) make full restitution to the victim or property

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

13 of community service, provided community service is

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

15 county board; and
16  (5) attend educational courses designed to prepare the

17 defendant for obtaining a high school diploma or to work

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

21that the defendant:
22  (1) undergo medical or psychiatric treatment, or

23 treatment or rehabilitation approved by the Illinois

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

26 of any illicit drug prohibited by the Methamphetamine

 
 
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1 Control and Community Protection Act, the Cannabis Control

2 Act or the Illinois Controlled Substances Act, unless

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

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

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

11 home;
12   (ii) attend school;
13   (iii) attend a non-residential program for youth;

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

16 or in a foster home.
17 (e) When the State's Attorney makes a factually specific 
18offer of proof that the defendant has failed to successfully 
19complete the Program or has violated any of the conditions of 
20the Program, the court shall enter an order that the defendant 
21has not successfully completed the Program and continue the 
22case for arraignment pursuant to Section 113-1 of the Code of 
23Criminal Procedure of 1963 for further proceedings as if the 
24defendant had not participated in the Program.
25 (f) Upon fulfillment of the terms and conditions of the

26Program, the State's Attorney shall dismiss the case or the 
 
 
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1court shall discharge the person and dismiss the
proceedings 
2against the person.
3 (g) A person may only have There may be only one discharge 
4and dismissal under
this Section within a 4-year period with 
5respect to any person.

6 (h) Notwithstanding subsection (a-1), if the court finds 
7that the defendant suffers from a substance abuse problem, then 
8before the person participates in the Program under this 
9Section, the court may refer the person to the drug court 
10established in that judicial circuit pursuant to Section 15 of 
11the Drug Court Treatment Act. The drug court team shall 
12evaluate the person's likelihood of successfully fulfilling 
13the terms and conditions of the Program under this Section and 
14shall report the results of its evaluation to the court. If the 
15drug court team finds that the person suffers from a substance 
16abuse problem that makes him or her substantially unlikely to 
17successfully fulfill the terms and conditions of the Program, 
18then the drug court shall set forth its findings in the form of 
19a written order, and the person shall be ineligible to 
20participate in the Program under this Section, but shall may be 
21considered for the drug court program.
22(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)

23 (730 ILCS 5/5-6-3.4)
24 Sec. 5-6-3.4. Second Chance Probation. 
25 (a) Whenever any person who has not previously been 
 
 
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1convicted of, or placed on probation or conditional discharge 
2for, any felony offense under the laws of this State, the laws 
3of any other state, or the laws of the United States, including 
4probation under Section 410 of the Illinois Controlled 
5Substances Act, Section 70 of the Methamphetamine Control and 
6Community Protection Act, Section 10 of the Cannabis Control 
7Act, subsection (c) of Section 11-14 of the Criminal Code of 
82012, Treatment Alternatives for Criminal Justice Clients 
9(TASC) under Article 40 of the Alcoholism and Other Drug Abuse 
10and Dependency Act, or prior successful completion of the 
11Offender Initiative Program under Section 5-6-3.3 of this Code, 
12and pleads guilty to, or is found guilty of, a probationable 
13felony offense of possession of less than 15 grams of a 
14controlled substance that is punishable as a Class 4 felony; 
15possession of
less than 15 grams of methamphetamine that is 
16punishable as a Class 4 felony; or a probationable felony 
17offense of possession of cannabis, theft, retail theft, 
18forgery, deceptive practices, possession of a stolen motor 
19vehicle, burglary, possession of burglary tools, disorderly 
20conduct, criminal damage or trespass to property under Article 
2121 of the Criminal Code of 2012, criminal trespass to a 
22residence, an offense involving fraudulent identification, or 
23obstructing justice; theft that is punishable as a Class 3 
24felony based on the value of the property or punishable as a 
25Class 4 felony if the theft was committed in a school or place 
26of worship or if the theft was of governmental property; retail

 
 
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1theft that is punishable as a Class 3 felony based on the value 
2of the property; criminal damage to property that is punishable 
3as a Class 4 felony; criminal damage to
government supported 
4property that is punishable as a Class 4 felony; or possession 
5of cannabis which is punishable as a Class 4 felony, the court, 
6with the consent of the defendant and the State's Attorney, 
7may, without entering a judgment, sentence the defendant to 
8probation under this Section.
9 (a-1) Exemptions. A defendant is not eligible for this 
10probation if the offense he or she pleads guilty to, or is 
11found guilty of, is a violent offense, or he or she has 
12previously been convicted of a violent offense. For purposes of 
13this probation, a "violent offense" is any offense where bodily 
14harm was inflicted or where force was used against any person 
15or threatened against any person, any offense involving sexual 
16conduct, sexual penetration, or sexual exploitation, any 
17offense of domestic violence, domestic battery, violation of an 
18order of protection, stalking, hate crime, driving under the 
19influence of drugs or alcohol, and any offense involving the 
20possession of a firearm or dangerous weapon. A defendant shall 
21not be eligible for this probation if he or she has previously 
22been adjudicated a delinquent minor for the commission of a 
23violent offense as defined in this subsection.
24 (b) When a defendant is placed on probation, the court 
25shall enter an order specifying a period of probation of not 
26less than 24 months and shall defer further proceedings in the 
 
 
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1case until the conclusion of the period or until the filing of 
2a petition alleging violation of a term or condition of 
3probation.
4 (c) The conditions of probation shall be that the 
5defendant:
6  (1) not violate any criminal statute of this State or 
7 any other jurisdiction;
8  (2) refrain from possessing a firearm or other 
9 dangerous weapon;
10  (3) make full restitution to the victim or property 
11 owner under Section 5-5-6 of this Code;
12  (4) obtain or attempt to obtain employment;
13  (5) pay fines and costs;
14  (6) attend educational courses designed to prepare the 
15 defendant for obtaining a high school diploma or to work 
16 toward passing high school equivalency testing or to work 
17 toward completing a vocational training program;
18  (7) submit to periodic drug testing at a time and in a 
19 manner as ordered by the court, but no less than 3 times 
20 during the period of probation, with the cost of the 
21 testing to be paid by the defendant; and
22  (8) perform a minimum of 30 hours of community service.
23 (d) The court may, in addition to other conditions, require 
24that the defendant:
25  (1) make a report to and appear in person before or 
26 participate with the court or such courts, person, or 
 
 
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1 social service agency as directed by the court in the order 
2 of probation;
3  (2) undergo medical or psychiatric treatment, or 
4 treatment or rehabilitation approved by the Illinois 
5 Department of Human Services;
6  (3) attend or reside in a facility established for the 
7 instruction or residence of defendants on probation;
8  (4) support his or her dependents; or
9  (5) refrain from having in his or her body the presence 
10 of any illicit drug prohibited by the Methamphetamine 
11 Control and Community Protection Act, the Cannabis Control 
12 Act, or the Illinois Controlled Substances Act, unless 
13 prescribed by a physician, and submit samples of his or her 
14 blood or urine or both for tests to determine the presence 
15 of any illicit drug.
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 by law.
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, a discharge and dismissal 
25under this Section is not a conviction for purposes of this 
26Code or for purposes of disqualifications or disabilities 
 
 
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1imposed by law upon conviction of a crime.
2 (h) A person may only have There may be only one discharge 
3and dismissal under this Section within a 4-year period , 
4Section 410 of the Illinois Controlled Substances Act, Section 
570 of the Methamphetamine Control and Community Protection Act, 
6Section 10 of the Cannabis Control Act, Treatment Alternatives 
7for Criminal Justice Clients (TASC) under Article 40 of the 
8Alcoholism and Other Drug Abuse and Dependency Act, the 
9Offender Initiative Program under Section 5-6-3.3 of this Code, 
10and subsection (c) of Section 11-14 of the Criminal Code of 
112012 with respect to any person.
12 (i) If a person is convicted of any offense which occurred 
13within 5 years subsequent to a discharge and dismissal under 
14this Section, the discharge and dismissal under this Section 
15shall be admissible in the sentencing proceeding for that 
16conviction as evidence in aggravation.

17 (j) Notwithstanding subsection (a), if the court finds that 
18the defendant suffers from a substance abuse problem, then 
19before the person is placed on probation under this Section, 
20the court may refer the person to the drug court established in 
21that judicial circuit pursuant to Section 15 of the Drug Court 
22Treatment Act. The drug court team shall evaluate the person's 
23likelihood of successfully fulfilling the terms and conditions 
24of probation under this Section and shall report the results of 
25its evaluation to the court. If the drug court team finds that 
26the person suffers from a substance abuse problem that makes 
 
 
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1him or her substantially unlikely to successfully fulfill the 
2terms and conditions of probation under this Section, then the 
3drug court shall set forth its findings in the form of a 
4written order, and the person shall be ineligible to be placed 
5on probation under this Section, but shall may be considered 
6for the drug court program.
7(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, 
8eff. 9-9-15.)



9 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)


10 Sec. 5-8-1. Natural life imprisonment; enhancements for 
11use of a firearm; mandatory supervised release terms. 

12 (a) Except as otherwise provided in the statute defining 
13the offense or in Article 4.5 of Chapter V, a
sentence of 
14imprisonment for a felony shall be a determinate sentence set 
15by
the court under this Section, according to the following 
16limitations:

17  (1) for first degree murder,

18   (a) (blank),

19   (b) if a trier of fact finds beyond a reasonable

20 doubt that the murder was accompanied by exceptionally

21 brutal or heinous behavior indicative of wanton 
22 cruelty or, except as set forth
in subsection (a)(1)(c) 
23 of this Section, that any of the aggravating factors

24 listed in subsection (b) or (b-5) of Section 9-1 of the 
25 Criminal Code of 1961 or the Criminal Code of 2012 are

 
 
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1 present, the court may sentence the defendant, subject 
2 to Section 5-4.5-105, to a term of natural life

3 imprisonment, or

4   (c) the court shall sentence the defendant to a 
5 term of natural life
imprisonment if the defendant, at 
6 the time of the commission of the murder, had attained 
7 the age of 18, and 

8    (i) has previously been convicted of first 
9 degree murder under
any state or federal law, or

10    (ii) is found guilty of murdering more
than one 
11 victim, or

12    (iii) is found guilty of murdering a peace 
13 officer, fireman, or emergency management worker 
14 when
the peace officer, fireman, or emergency 
15 management worker was killed in the course of 
16 performing his
official duties, or to prevent the 
17 peace officer or fireman from
performing his 
18 official duties, or in retaliation for the peace 
19 officer,
fireman, or emergency management worker 
20 from performing his official duties, and the 
21 defendant knew or should
have known that the 
22 murdered individual was a peace officer, fireman, 
23 or emergency management worker, or

24    (iv) is found guilty of murdering an employee 
25 of an institution or
facility of the Department of 
26 Corrections, or any similar local
correctional 
 
 
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1 agency, when the employee was killed in the course 
2 of
performing his official duties, or to prevent 
3 the employee from performing
his official duties, 
4 or in retaliation for the employee performing his

5 official duties, or

6    (v) is found guilty of murdering an emergency 
7 medical
technician - ambulance, emergency medical 
8 technician - intermediate, emergency
medical 
9 technician - paramedic, ambulance driver or other 
10 medical assistance or
first aid person while 
11 employed by a municipality or other governmental 
12 unit
when the person was killed in the course of 
13 performing official duties or
to prevent the 
14 person from performing official duties or in 
15 retaliation
for performing official duties and the 
16 defendant knew or should have known
that the 
17 murdered individual was an emergency medical 
18 technician - ambulance,
emergency medical 
19 technician - intermediate, emergency medical

20 technician - paramedic, ambulance driver, or other 
21 medical
assistant or first aid personnel, or

22    (vi) (blank), or

23    (vii) is found guilty of first degree murder 
24 and the murder was
committed by reason of any 
25 person's activity as a community policing 
26 volunteer
or to prevent any person from engaging in 
 
 
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1 activity as a community policing
volunteer. For 
2 the purpose of this Section, "community policing 
3 volunteer"
has the meaning ascribed to it in 
4 Section 2-3.5 of the Criminal Code of 2012.

5   For purposes of clause (v), "emergency medical 
6 technician - ambulance",
"emergency medical technician -
7  intermediate", "emergency medical technician -

8 paramedic", have the meanings ascribed to them in the 
9 Emergency Medical
Services (EMS) Systems Act.

10   (d) (i) if the person committed the offense while 
11 armed with a
firearm, 15 years shall be added to 
12 the term of imprisonment imposed by the
court;

13    (ii) if, during the commission of the offense, 
14 the person
personally discharged a firearm, 20 
15 years shall be added to the term of
imprisonment 
16 imposed by the court;

17    (iii) if, during the commission of the 
18 offense, the person
personally discharged a 
19 firearm that proximately caused great bodily harm,

20 permanent disability, permanent disfigurement, or 
21 death to another person, 25
years or up to a term 
22 of natural life shall be added to the term of

23 imprisonment imposed by the court.

24  (2) (blank);

25  (2.5) for a person who has attained the age of 18 years

26 at the time of the commission of the offense and
who is 
 
 
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1 convicted under the circumstances described in subdivision 
2 (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
3 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
4 or paragraph (2) of subsection
(d) of Section 12-14, 
5 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
6 of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
7 Section 11-1.40 or paragraph (2) of subsection (b) of 
8 Section 12-14.1
of the Criminal Code of 1961 or the 
9 Criminal Code of 2012, the sentence shall be a term of 
10 natural life
imprisonment.

11 (b) (Blank).

12 (c) (Blank).

13 (d) Subject to
earlier termination under Section 3-3-8, the 
14parole or mandatory
supervised release term shall be written as 
15part of the sentencing order and shall be as follows:

16  (1) for first degree murder or a Class X felony except 
17 for the offenses of predatory criminal sexual assault of a 
18 child, aggravated criminal sexual assault, and criminal 
19 sexual assault if committed on or after the effective date 
20 of this amendatory Act of the 94th General Assembly and 
21 except for the offense of aggravated child pornography 
22 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
23 sentencing under subsection (c-5) of Section 11-20.1 of the 
24 Criminal Code of 1961 or the Criminal Code of 2012, if 
25 committed on or after January 1, 2009, 3 years;

26  (1.5) for a Class X felony except for the offenses of 
 
 
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1 predatory criminal sexual assault of a child, aggravated 
2 criminal sexual assault, and criminal sexual assault if 
3 committed on or after December 13, 2005 (the effective date 
4 of Public Act 94-715) and except for the offense of 
5 aggravated child pornography under Section 11-20.1B, 
6 11-20.3, or 11-20.1 with sentencing under subsection (c-5) 
7 of Section 11-20.1 of the Criminal Code of 1961 or the 
8 Criminal Code of 2012, if committed on or after January 1, 
9 2009, 18 months; 
10  (2) for a Class 1 felony or a Class 2 felony except for 
11 the offense of criminal sexual assault if committed on or 
12 after December 13, 2005 (the effective date of Public Act 
13 94-715) this amendatory Act of the 94th General Assembly 
14 and except for the offenses of manufacture and 
15 dissemination of child pornography under clauses (a)(1) 
16 and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 
17 or the Criminal Code of 2012, if committed on or after 
18 January 1, 2009, 18 months; 2 years;

19  (3) for a Class 3 felony or a Class 4 felony, 1 year;

20  (4) for defendants who commit the offense of predatory 
21 criminal sexual assault of a child, aggravated criminal 
22 sexual assault, or criminal sexual assault, on or after 
23 December 13, 2005 (the effective date of Public Act 94-715) 
24 this amendatory Act of the 94th General Assembly, or who 
25 commit the offense of aggravated child pornography under 
26 Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing 
 
 
10000SB1722sam001- 145 -LRB100 11347 RLC 23026 a


1 under subsection (c-5) of Section 11-20.1 of the Criminal 
2 Code of 1961 or the Criminal Code of 2012, manufacture of 
3 child pornography, or dissemination of child pornography 
4 after January 1, 2009, the term of mandatory supervised 
5 release shall range from a minimum of 3 years to a maximum 
6 of the natural life of the defendant;

7  (5) if the victim is under 18 years of age, for a 
8 second or subsequent
offense of aggravated criminal sexual 
9 abuse or felony criminal sexual abuse,
4 years, at least 
10 the first 2 years of which the defendant shall serve in an

11 electronic home detention program under Article 8A of 
12 Chapter V of this Code;

13  (6) for a felony domestic battery, aggravated domestic 
14 battery, stalking, aggravated stalking, and a felony 
15 violation of an order of protection, 4 years. 
16 (e) (Blank).

17 (f) (Blank).

18(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)


19 (730 ILCS 5/5-8-8)
20 (Section scheduled to be repealed on December 31, 2020)
21 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
22 (a) Creation. There is created under the jurisdiction of 
23the Governor the Illinois Sentencing Policy Advisory Council, 
24hereinafter referred to as the Council.
25 (b) Purposes and goals. The purpose of the Council is to 
 
 
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1review sentencing policies and practices and examine how these 
2policies and practices impact the criminal justice system as a 
3whole in the State of Illinois.
In carrying out its duties, the 
4Council shall be mindful of and aim to achieve the purposes of

5sentencing in Illinois, which are set out in Section 1-1-2 of 
6this Code:
7  (1) prescribe sanctions proportionate to the 
8 seriousness of the offenses and permit the recognition of 
9 differences in rehabilitation possibilities among 
10 individual offenders;
11  (2) forbid and prevent the commission of offenses;
12  (3) prevent arbitrary or oppressive treatment of 
13 persons adjudicated offenders or delinquents; and
14  (4) restore offenders to useful citizenship.
15 (c) Council composition.
16  (1) The Council shall consist of the following members:
17   (A) the President of the Senate, or his or her 
18 designee;
19   (B) the Minority Leader of the Senate, or his or 
20 her designee;
21   (C) the Speaker of the House, or his or her 
22 designee;
23   (D) the Minority Leader of the House, or his or her 
24 designee;
25   (E) the Governor, or his or her designee;
26   (F) the Attorney General, or his or her designee;
 
 
10000SB1722sam001- 147 -LRB100 11347 RLC 23026 a


1   (G) two retired judges, who may have been circuit, 
2 appellate, or supreme court judges; retired judges 
3 shall be selected by the members of the Council 
4 designated in clauses (c)(1)(A) through (L); 
5   (G-5) (blank); 
6   (H) the Cook County State's Attorney, or his or her 
7 designee;
8   (I) the Cook County Public Defender, or his or her 
9 designee;
10   (J) a State's Attorney not from Cook County, 
11 appointed by the State's Attorney's
Appellate 
12 Prosecutor;
13   (K) the State Appellate Defender, or his or her 
14 designee;
15   (L) the Director of the Administrative Office of 
16 the Illinois Courts, or his or her designee; 
17   (M) a victim of a violent felony or a 
18 representative of a crime victims' organization,

19 selected by the members of the Council designated in 
20 clauses (c)(1)(A) through (L);
21   (N) a representative of a community-based 
22 organization, selected by the members of
the Council 
23 designated in clauses (c)(1)(A) through (L);
24   (O) a criminal justice academic researcher, to be 
25 selected by the members of the
Council designated in 
26 clauses (c)(1)(A) through (L);
 
 
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1   (P) a representative of law enforcement from a unit 
2 of local government to be
selected by the members of 
3 the Council designated in clauses (c)(1)(A) through 
4 (L);
5   (Q) a sheriff selected by the members of the 
6 Council designated in clauses (c)(1)(A) through (L); 
7 and 
8   (R) ex-officio members shall include:
9    (i) the Director of Corrections, or his or her 
10 designee;
11    (ii) the Chair of the Prisoner Review Board, or 
12 his or her designee;
13    (iii) the Director of the Illinois State 
14 Police, or his or her designee; and 
15    (iv) the Director of the Illinois Criminal 
16 Justice Information Authority, or his
or her 
17 designee.
18  (1.5) The Chair and Vice Chair shall be elected from 
19 among its members by a majority of the members of the 
20 Council.
21  (2) Members of the Council who serve because of their 
22 public office or position, or those who are designated as 
23 members by such officials, shall serve only as long as they 
24 hold such office or position.
25  (3) Council members shall serve without compensation 
26 but shall be reimbursed for travel and per diem expenses 
 
 
10000SB1722sam001- 149 -LRB100 11347 RLC 23026 a


1 incurred in their work for the Council.
2  (4) The Council may exercise any power, perform any 
3 function, take any action, or do anything in furtherance of 
4 its purposes and goals
upon the appointment of a quorum of 
5 its members. The term of office of each member of the 
6 Council ends on the date of repeal of this amendatory Act 
7 of the 96th General Assembly. 
8 (d) Duties. The Council shall perform, as resources permit, 
9duties including:
10  (1) Collect and analyze information including 
11 sentencing data, crime trends, and existing correctional 
12 resources to support legislative and executive action 
13 affecting the use of correctional resources on the State 
14 and local levels.
15  (2) Prepare criminal justice population projections 
16 annually, including correctional and community-based 
17 supervision populations.
18  (3) Analyze data relevant to proposed sentencing 
19 legislation and its effect on current policies or 
20 practices, and provide information to support 
21 evidence-based sentencing.
22  (4) Ensure that adequate resources and facilities are 
23 available for carrying out sentences imposed on offenders 
24 and that rational priorities are established for the use of 
25 those resources. To do so, the Council shall prepare 
26 criminal justice resource statements, identifying the 
 
 
10000SB1722sam001- 150 -LRB100 11347 RLC 23026 a


1 fiscal and practical effects of proposed criminal 
2 sentencing legislation, including, but not limited to, the 
3 correctional population, court processes, and county or 
4 local government resources.
5  (4.5) Study and conduct a thorough analysis of 
6 sentencing under Section 5-4.5-110 of this Code. The 
7 Sentencing Policy Advisory Council shall provide annual 
8 reports to the Governor and General Assembly, including the 
9 total number of persons sentenced under Section 5-4.5-110 
10 of this Code, the total number of departures from sentences 
11 under Section 5-4.5-110 of this Code, and an analysis of 
12 trends in sentencing and departures. On or before December 
13 31, 2022, the Sentencing Policy Advisory Council shall 
14 provide a report to the Governor and General Assembly on 
15 the effectiveness of sentencing under Section 5-4.5-110 of 
16 this Code, including recommendations on whether sentencing 
17 under Section 5-4.5-110 of this Code should be adjusted or 
18 continued. 
19  (5) Perform such other studies or tasks pertaining to 
20 sentencing policies as may be requested by the Governor or 
21 the Illinois General Assembly.
22  (6) Perform such other functions as may be required by 
23 law or as are necessary to carry out the purposes and goals 
24 of the Council prescribed in subsection (b).
25  (7) Publish a report on the trends in sentencing for 
26 offenders described in subsection (b-1) of Section 5-4-1 of 
 
 
10000SB1722sam001- 151 -LRB100 11347 RLC 23026 a


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

23(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; 
2499-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".