SB1722 EnrolledLRB100 11347 RLC 21730 b
1 AN ACT concerning safe neighborhoods.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as the Safe
5Neighborhoods Reform Act.
6 Section 3. The Department of State Police Law of the Civil
7Administrative Code of Illinois is amended by adding Section
82605-605 as follows:
9 (20 ILCS 2605/2605-605 new)
10 Sec. 2605-605. Violent Crime Intelligence Task Force.
11 The Director of State Police may establish a statewide
12multi-jurisdictional Violent Crime Intelligence Task Force led
13by the Department of State Police dedicated to combating gun
14violence, gun-trafficking, and other violent crime with the
15primary mission of preservation of life and reducing the
16occurrence and the fear of crime. The objectives of the Task
17Force shall include, but not be limited to, reducing and
18preventing illegal possession and use of firearms,
19firearm-related homicides, and other violent crimes.
20 (1) The Task Force may develop and acquire information,
21training, tools, and resources necessary to implement a
22data-driven approach to policing, with an emphasis on

SB1722 Enrolled- 2 -LRB100 11347 RLC 21730 b
1intelligence development.
2 (2) The Task Force may utilize information sharing,
3partnerships, crime analysis, and evidence-based practices to
4assist in the reduction of firearm-related shootings,
5homicides, and gun-trafficking.
6 (3) The Task Force may recognize and utilize best practices
7of community policing and may develop potential partnerships
8with faith-based and community organizations to achieve its
9goals.
10 (4) The Task Force may identify and utilize best practices
11in drug-diversion programs and other community-based services
12to redirect low-level offenders.
13 (5) The Task Force may assist in violence suppression
14strategies including, but not limited to, details in identified
15locations that have shown to be the most prone to gun violence
16and violent crime, focused deterrence against violent gangs and
17groups considered responsible for the violence in communities,
18and other intelligence driven methods deemed necessary to
19interrupt cycles of violence or prevent retaliation.
20 (6) In consultation with the Chief Procurement Officer, the
21Department of State Police may obtain contracts for software,
22commodities, resources, and equipment to assist the Task Force
23with achieving this Act. Any contracts necessary to support the
24delivery of necessary software, commodities, resources, and
25equipment are not subject to the Illinois Procurement Code,
26except for Sections 20-60, 20-65, 20-70, and 20-160 and Article

SB1722 Enrolled- 3 -LRB100 11347 RLC 21730 b
150 of that Code, provided that the Chief Procurement Officer
2may, in writing with justification, waive any certification
3required under Article 50 of the Illinois Procurement Code.
4 Section 5. The Criminal Identification Act is amended by
5changing Section 2.1 as follows:
6 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
7 Sec. 2.1. For the purpose of maintaining complete and
8accurate criminal records of the Department of State Police, it
9is necessary for all policing bodies of this State, the clerk
10of the circuit court, the Illinois Department of Corrections,
11the sheriff of each county, and State's Attorney of each county
12to submit certain criminal arrest, charge, and disposition
13information to the Department for filing at the earliest time
14possible. Unless otherwise noted herein, it shall be the duty
15of all policing bodies of this State, the clerk of the circuit
16court, the Illinois Department of Corrections, the sheriff of
17each county, and the State's Attorney of each county to report
18such information as provided in this Section, both in the form
19and manner required by the Department and within 30 days of the
20criminal history event. Specifically:
21 (a) Arrest Information. All agencies making arrests for
22offenses which are required by statute to be collected,
23maintained or disseminated by the Department of State Police
24shall be responsible for furnishing daily to the Department

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

SB1722 Enrolled- 5 -LRB100 11347 RLC 21730 b
1guilty including the sentence pronounced by the court with
2statutory citations to the relevant sentencing provision,
3findings that a minor is delinquent and any sentence made based
4on those findings, discharges and dismissals in the court; (2)
5reviewing court orders filed with the clerk of the circuit
6court which reverse or remand a reported conviction or findings
7that a minor is delinquent or that vacate or modify a sentence
8or sentence made following a trial that a minor is delinquent;
9(3) continuances to a date certain in furtherance of an order
10of supervision granted under Section 5-6-1 of the Unified Code
11of Corrections or an order of probation granted under Section
1210 of the Cannabis Control Act, Section 410 of the Illinois
13Controlled Substances Act, Section 70 of the Methamphetamine
14Control and Community Protection Act, Section 12-4.3 or
15subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
161961 or the Criminal Code of 2012, Section 10-102 of the
17Illinois Alcoholism and Other Drug Dependency Act, Section
1840-10 of the Alcoholism and Other Drug Abuse and Dependency
19Act, Section 10 of the Steroid Control Act, or Section 5-615 of
20the Juvenile Court Act of 1987; and (4) judgments or court
21orders terminating or revoking a sentence to or juvenile
22disposition of probation, supervision or conditional discharge
23and any resentencing or new court orders entered by a juvenile
24court relating to the disposition of a minor's case involving
25delinquency after such revocation.
26 (d) Fingerprints After Sentencing.

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

SB1722 Enrolled- 7 -LRB100 11347 RLC 21730 b
1 collected, maintained, or disseminated by the Department
2 of State Police, the prosecuting attorney may ask the court
3 to order a law enforcement agency to fingerprint
4 immediately all persons appearing before the court who have
5 not previously been fingerprinted for the same case. The
6 court may so order the requested fingerprinting, if it
7 determines that any so sentenced person has not previously
8 been fingerprinted for the same case. The law enforcement
9 agency may retain such fingerprints in its files.
10 (e) Corrections Information. The Illinois Department of
11Corrections and the sheriff of each county shall furnish the
12Department with all information concerning the receipt,
13escape, execution, death, release, pardon, parole, commutation
14of sentence, granting of executive clemency or discharge of an
15individual who has been sentenced or committed to the agency's
16custody for any offenses which are mandated by statute to be
17collected, maintained or disseminated by the Department of
18State Police. For an individual who has been charged with any
19such offense and who escapes from custody or dies while in
20custody, all information concerning the receipt and escape or
21death, whichever is appropriate, shall also be so furnished to
22the Department.
23(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
24 Section 15. The Criminal Code of 2012 is amended by
25changing Sections 19-1, 24-1.1, and 24-1.6 as follows:

SB1722 Enrolled- 8 -LRB100 11347 RLC 21730 b
1 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
2 Sec. 19-1. Burglary.
3 (a) A person commits burglary when without authority he or
4she knowingly enters or without authority remains within a
5building, housetrailer, watercraft, aircraft, motor vehicle,
6railroad car, or any part thereof, with intent to commit
7therein a felony or theft. This offense shall not include the
8offenses set out in Section 4-102 of the Illinois Vehicle Code.
9 (b) Sentence.
10 Burglary committed in, and without causing damage to, a
11watercraft, aircraft, motor vehicle, railroad car, or any part
12thereof is a Class 3 felony. Burglary committed in a building,
13housetrailer, or any part thereof or while causing damage to a
14watercraft, aircraft, motor vehicle, railroad car, or any part
15thereof is a Class 2 felony. A burglary committed in a school,
16day care center, day care home, group day care home, or part
17day child care facility, or place of worship is a Class 1
18felony, except that this provision does not apply to a day care
19center, day care home, group day care home, or part day child
20care facility operated in a private residence used as a
21dwelling.
22 (c) Regarding penalties prescribed in subsection (b) for
23violations committed in a day care center, day care home, group
24day care home, or part day child care facility, the time of
25day, time of year, and whether children under 18 years of age

SB1722 Enrolled- 9 -LRB100 11347 RLC 21730 b
1were present in the day care center, day care home, group day
2care home, or part day child care facility are irrelevant.
3(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
4 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
5 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
6Felons or Persons in the Custody of the Department of
7Corrections Facilities.
8 (a) It is unlawful for a person to knowingly possess on or
9about his person or on his land or in his own abode or fixed
10place of business any weapon prohibited under Section 24-1 of
11this Act or any firearm or any firearm ammunition if the person
12has been convicted of a felony under the laws of this State or
13any other jurisdiction. This Section shall not apply if the
14person has been granted relief by the Director of the
15Department of State Police under Section 10 of the Firearm
16Owners Identification Card Act.
17 (b) It is unlawful for any person confined in a penal
18institution, which is a facility of the Illinois Department of
19Corrections, to possess any weapon prohibited under Section
2024-1 of this Code or any firearm or firearm ammunition,
21regardless of the intent with which he possesses it.
22 (c) It shall be an affirmative defense to a violation of
23subsection (b), that such possession was specifically
24authorized by rule, regulation, or directive of the Illinois
25Department of Corrections or order issued pursuant thereto.

SB1722 Enrolled- 10 -LRB100 11347 RLC 21730 b
1 (d) The defense of necessity is not available to a person
2who is charged with a violation of subsection (b) of this
3Section.
4 (e) Sentence. Violation of this Section by a person not
5confined in a penal institution shall be a Class 3 felony for
6which the person shall be sentenced to no less than 2 years and
7no more than 10 years. A and any second or subsequent violation
8of this Section shall be a Class 2 felony for which the person
9shall be sentenced to a term of imprisonment of not less than 3
10years and not more than 14 years, except as provided for in
11Section 5-4.5-110 of the Unified Code of Corrections. Violation
12of this Section by a person not confined in a penal institution
13who has been convicted of a forcible felony, a felony violation
14of Article 24 of this Code or of the Firearm Owners
15Identification Card Act, stalking or aggravated stalking, or a
16Class 2 or greater felony under the Illinois Controlled
17Substances Act, the Cannabis Control Act, or the
18Methamphetamine Control and Community Protection Act is a Class
192 felony for which the person shall be sentenced to not less
20than 3 years and not more than 14 years, except as provided for
21in Section 5-4.5-110 of the Unified Code of Corrections.
22Violation of this Section by a person who is on parole or
23mandatory supervised release is a Class 2 felony for which the
24person shall be sentenced to not less than 3 years and not more
25than 14 years, except as provided for in Section 5-4.5-110 of
26the Unified Code of Corrections. Violation of this Section by a

SB1722 Enrolled- 11 -LRB100 11347 RLC 21730 b
1person not confined in a penal institution is a Class X felony
2when the firearm possessed is a machine gun. Any person who
3violates this Section while confined in a penal institution,
4which is a facility of the Illinois Department of Corrections,
5is guilty of a Class 1 felony, if he possesses any weapon
6prohibited under Section 24-1 of this Code regardless of the
7intent with which he possesses it, a Class X felony if he
8possesses any firearm, firearm ammunition or explosive, and a
9Class X felony for which the offender shall be sentenced to not
10less than 12 years and not more than 50 years when the firearm
11possessed is a machine gun. A violation of this Section while
12wearing or in possession of body armor as defined in Section
1333F-1 is a Class X felony punishable by a term of imprisonment
14of not less than 10 years and not more than 40 years. The
15possession of each firearm or firearm ammunition in violation
16of this Section constitutes a single and separate violation.
17(Source: P.A. 97-237, eff. 1-1-12.)
18 (720 ILCS 5/24-1.6)
19 Sec. 24-1.6. Aggravated unlawful use of a weapon.
20 (a) A person commits the offense of aggravated unlawful use
21of a weapon when he or she knowingly:
22 (1) Carries on or about his or her person or in any
23 vehicle or concealed on or about his or her person except
24 when on his or her land or in his or her abode, legal
25 dwelling, or fixed place of business, or on the land or in

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

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

SB1722 Enrolled- 14 -LRB100 11347 RLC 21730 b
1 the commission or attempted commission of a
2 misdemeanor involving the use or threat of violence
3 against the person or property of another; or
4 (I) the person possessing the weapon was under 21
5 years of age and in possession of a handgun, unless the
6 person under 21 is engaged in lawful activities under
7 the Wildlife Code or described in subsection
8 24-2(b)(1), (b)(3), or 24-2(f).
9 (a-5) "Handgun" as used in this Section has the meaning
10given to it in Section 5 of the Firearm Concealed Carry Act.
11 (b) "Stun gun or taser" as used in this Section has the
12same definition given to it in Section 24-1 of this Code.
13 (c) This Section does not apply to or affect the
14transportation or possession of weapons that:
15 (i) are broken down in a non-functioning state; or
16 (ii) are not immediately accessible; or
17 (iii) are unloaded and enclosed in a case, firearm
18 carrying box, shipping box, or other container by a person
19 who has been issued a currently valid Firearm Owner's
20 Identification Card.
21 (d) Sentence.
22 (1) Aggravated unlawful use of a weapon is a Class 4
23 felony; a second or subsequent offense is a Class 2 felony
24 for which the person shall be sentenced to a term of
25 imprisonment of not less than 3 years and not more than 7
26 years, except as provided for in Section 5-4.5-110 of the

SB1722 Enrolled- 15 -LRB100 11347 RLC 21730 b
1 Unified Code of Corrections.
2 (2) Except as otherwise provided in paragraphs (3) and
3 (4) of this subsection (d), a first offense of aggravated
4 unlawful use of a weapon committed with a firearm by a
5 person 18 years of age or older where the factors listed in
6 both items (A) and (C) or both items (A-5) and (C) of
7 paragraph (3) of subsection (a) are present is a Class 4
8 felony, for which the person shall be sentenced to a term
9 of imprisonment of not less than one year and not more than
10 3 years.
11 (3) Aggravated unlawful use of a weapon by a person who
12 has been previously convicted of a felony in this State or
13 another jurisdiction is a Class 2 felony for which the
14 person shall be sentenced to a term of imprisonment of not
15 less than 3 years and not more than 7 years, except as
16 provided for in Section 5-4.5-110 of the Unified Code of
17 Corrections.
18 (4) Aggravated unlawful use of a weapon while wearing
19 or in possession of body armor as defined in Section 33F-1
20 by a person who has not been issued a valid Firearms
21 Owner's Identification Card in accordance with Section 5 of
22 the Firearm Owners Identification Card Act is a Class X
23 felony.
24 (e) The possession of each firearm in violation of this
25Section constitutes a single and separate violation.
26(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

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

SB1722 Enrolled- 17 -LRB100 11347 RLC 21730 b
1comprising any school, or in any conveyance owned, leased or
2contracted by a school to transport students to or from school
3or a school related activity, and at the time of the violation
4persons under the age of 18 are present, the offense is
5committed during school hours, or the offense is committed at
6times when persons under the age of 18 are reasonably expected
7to be present in the school, in the conveyance, on the real
8property, or on the public way, such as when after-school
9activities are occurring, is guilty of a Class 2 felony, the
10fine for which shall not exceed $100,000;
11 (c) Any person who violates subsection (c) of Section 5 in
12any school, on the real property comprising any school, or any
13conveyance owned, leased or contracted by a school to transport
14students to or from school or a school related activity, or on
15any public way within 500 1,000 feet of the real property
16comprising any school, or in any conveyance owned, leased or
17contracted by a school to transport students to or from school
18or a school related activity, and at the time of the violation
19persons under the age of 18 are present, the offense is
20committed during school hours, or the offense is committed at
21times when persons under the age of 18 are reasonably expected
22to be present in the school, in the conveyance, on the real
23property, or on the public way, such as when after-school
24activities are occurring, is guilty of a Class 3 felony, the
25fine for which shall not exceed $50,000;
26 (d) Any person who violates subsection (b) of Section 5 in

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

SB1722 Enrolled- 19 -LRB100 11347 RLC 21730 b
1real property, or on the public way, such as when after-school
2activities are occurring, is guilty of a Class A misdemeanor.
3(Source: P.A. 87-544.)
4 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
5 Sec. 10. (a) Whenever any person who has not previously
6been convicted of, or placed on probation or court supervision
7for, any felony offense under this Act or any law of the United
8States or of any State relating to cannabis, or controlled
9substances as defined in the Illinois Controlled Substances
10Act, pleads guilty to or is found guilty of violating Sections
114(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
12may, without entering a judgment and with the consent of such
13person, sentence him to probation.
14 (b) When a person is placed on probation, the court shall
15enter an order specifying a period of probation of 24 months,
16and shall defer further proceedings in the case until the
17conclusion of the period or until the filing of a petition
18alleging violation of a term or condition of probation.
19 (c) The conditions of probation shall be that the person:
20(1) not violate any criminal statute of any jurisdiction; (2)
21refrain from possession of a firearm or other dangerous weapon;
22(3) submit to periodic drug testing at a time and in a manner
23as ordered by the court, but no less than 3 times during the
24period of the probation, with the cost of the testing to be
25paid by the probationer; and (4) perform no less than 30 hours

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

SB1722 Enrolled- 21 -LRB100 11347 RLC 21730 b
1 (8) and in addition, if a minor:
2 (i) reside with his parents or in a foster home;
3 (ii) attend school;
4 (iii) attend a non-residential program for youth;
5 (iv) contribute to his own support at home or in a
6 foster home.
7 (e) Upon violation of a term or condition of probation, the
8court may enter a judgment on its original finding of guilt and
9proceed as otherwise provided.
10 (f) Upon fulfillment of the terms and conditions of
11probation, the court shall discharge such person and dismiss
12the proceedings against him.
13 (g) A disposition of probation is considered to be a
14conviction for the purposes of imposing the conditions of
15probation and for appeal, however, discharge and dismissal
16under this Section is not a conviction for purposes of
17disqualification or disabilities imposed by law upon
18conviction of a crime (including the additional penalty imposed
19for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
20of this Act).
21 (h) A person may not have more than one discharge Discharge
22and dismissal under this Section within a 4-year period ,
23Section 410 of the Illinois Controlled Substances Act, Section
2470 of the Methamphetamine Control and Community Protection Act,
25Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
26or subsection (c) of Section 11-14 of the Criminal Code of 1961

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

SB1722 Enrolled- 23 -LRB100 11347 RLC 21730 b
1amended by changing Sections 407 and 410 as follows:
2 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
3 Sec. 407. (a) (1)(A) Any person 18 years of age or over who
4violates any subsection of Section 401 or subsection (b) of
5Section 404 by delivering a controlled, counterfeit or
6look-alike substance to a person under 18 years of age may be
7sentenced to imprisonment for a term up to twice the maximum
8term and fined an amount up to twice that amount otherwise
9authorized by the pertinent subsection of Section 401 and
10Subsection (b) of Section 404.
11 (B) (Blank).
12 (2) Except as provided in paragraph (3) of this subsection,
13any person who violates:
14 (A) subsection (c) of Section 401 by delivering or
15 possessing with intent to deliver a controlled,
16 counterfeit, or look-alike substance in or on, or within
17 500 1,000 feet of, a truck stop or safety rest area, is
18 guilty of a Class 1 felony, the fine for which shall not
19 exceed $250,000;
20 (B) subsection (d) of Section 401 by delivering or
21 possessing with intent to deliver a controlled,
22 counterfeit, or look-alike substance in or on, or within
23 500 1,000 feet of, a truck stop or safety rest area, is
24 guilty of a Class 2 felony, the fine for which shall not
25 exceed $200,000;

SB1722 Enrolled- 24 -LRB100 11347 RLC 21730 b
1 (C) subsection (e) of Section 401 or subsection (b) of
2 Section 404 by delivering or possessing with intent to
3 deliver a controlled, counterfeit, or look-alike substance
4 in or on, or within 500 1,000 feet of, a truck stop or
5 safety rest area, is guilty of a Class 3 felony, the fine
6 for which shall not exceed $150,000;
7 (D) subsection (f) of Section 401 by delivering or
8 possessing with intent to deliver a controlled,
9 counterfeit, or look-alike substance in or on, or within
10 500 1,000 feet of, a truck stop or safety rest area, is
11 guilty of a Class 3 felony, the fine for which shall not
12 exceed $125,000;
13 (E) subsection (g) of Section 401 by delivering or
14 possessing with intent to deliver a controlled,
15 counterfeit, or look-alike substance in or on, or within
16 500 1,000 feet of, a truck stop or safety rest area, is
17 guilty of a Class 3 felony, the fine for which shall not
18 exceed $100,000;
19 (F) subsection (h) 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 3 felony, the fine for which shall not
24 exceed $75,000;
25 (3) Any person who violates paragraph (2) of this
26subsection (a) by delivering or possessing with intent to

SB1722 Enrolled- 25 -LRB100 11347 RLC 21730 b
1deliver a controlled, counterfeit, or look-alike substance in
2or on, or within 500 1,000 feet of a truck stop or a safety rest
3area, following a prior conviction or convictions of paragraph
4(2) of this subsection (a) may be sentenced to a term of
5imprisonment up to 2 times the maximum term and fined an amount
6up to 2 times the amount otherwise authorized by Section 401.
7 (4) For the purposes of this subsection (a):
8 (A) "Safety rest area" means a roadside facility
9 removed from the roadway with parking and facilities
10 designed for motorists' rest, comfort, and information
11 needs; and
12 (B) "Truck stop" means any facility (and its parking
13 areas) used to provide fuel or service, or both, to any
14 commercial motor vehicle as defined in Section 18b-101 of
15 the Illinois Vehicle Code.
16 (b) Any person who violates:
17 (1) subsection (c) of Section 401 in any school, on or
18 within 500 feet of the real property comprising any school,
19 or in any conveyance owned, leased or contracted by a
20 school to transport students to or from school or a school
21 related activity, and at the time of the violation persons
22 under the age of 18 are present, the offense is committed
23 during school hours, or the offense is committed at times
24 when persons under the age of 18 are reasonably expected to
25 be present in the school, in the conveyance, or on the real
26 property, such as when after-school activities are

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

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

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

SB1722 Enrolled- 29 -LRB100 11347 RLC 21730 b
1 nursing homes, assisted-living centers, senior citizen
2 housing complexes, or senior centers oriented toward
3 daytime activities and at the time of the violation persons
4 are present or reasonably expected to be present in the
5 church, synagogue, or other building, structure, or place
6 used primarily for religious worship during worship
7 services, or in buildings or structures used primarily for
8 housing or providing space for activities for senior
9 citizens: nursing homes, assisted-living centers, senior
10 citizen housing complexes, or senior centers oriented
11 toward daytime activities during the hours those places,
12 buildings, or structures are open for those activities, or
13 on the real property is guilty of a Class 1 felony, the
14 fine for which shall not exceed $250,000;
15 (3) subsection (e) of Section 401 or Subsection (b) of
16 Section 404 in any school, on or within 500 feet of the
17 real property comprising any school, or in any conveyance
18 owned, leased or contracted by a school to transport
19 students to or from school or a school related activity,
20 and at the time of the violation persons under the age of
21 18 are present, the offense is committed during school
22 hours, or the offense is committed at times when persons
23 under the age of 18 are reasonably expected to be present
24 in the school, in the conveyance, or on the real property,
25 such as when after-school activities are occurring or
26 residential property owned, operated or managed by a public

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

SB1722 Enrolled- 31 -LRB100 11347 RLC 21730 b
1 citizen housing complexes, or senior centers oriented
2 toward daytime activities and at the time of the violation
3 persons are present or reasonably expected to be present in
4 the church, synagogue, or other building, structure, or
5 place used primarily for religious worship during worship
6 services, or in buildings or structures used primarily for
7 housing or providing space for activities for senior
8 citizens: nursing homes, assisted-living centers, senior
9 citizen housing complexes, or senior centers oriented
10 toward daytime activities during the hours those places,
11 buildings, or structures are open for those activities, or
12 on the real property is guilty of a Class 2 felony, the
13 fine for which shall not exceed $200,000;
14 (4) subsection (f) of Section 401 in any school, on or
15 within 500 feet of the real property comprising any school,
16 or in any conveyance owned, leased or contracted by a
17 school to transport students to or from school or a school
18 related activity, and at the time of the violation persons
19 under the age of 18 are present, the offense is committed
20 during school hours, or the offense is committed at times
21 when persons under the age of 18 are reasonably expected to
22 be present in the school, in the conveyance, or on the real
23 property, such as when after-school activities are
24 occurring or residential property owned, operated or
25 managed by a public housing agency or leased by a public
26 housing agency as part of a scattered site or mixed-income

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

SB1722 Enrolled- 33 -LRB100 11347 RLC 21730 b
1 daytime activities and at the time of the violation persons
2 are present or reasonably expected to be present in the
3 church, synagogue, or other building, structure, or place
4 used primarily for religious worship during worship
5 services, or in buildings or structures used primarily for
6 housing or providing space for activities for senior
7 citizens: nursing homes, assisted-living centers, senior
8 citizen housing complexes, or senior centers oriented
9 toward daytime activities during the hours those places,
10 buildings, or structures are open for those activities, or
11 on the real property is guilty of a Class 2 felony, the
12 fine for which shall not exceed $150,000;
13 (5) subsection (g) of Section 401 in any school, on or
14 within 500 feet of the real property comprising any school,
15 or in any conveyance owned, leased or contracted by a
16 school to transport students to or from school or a school
17 related activity, and at the time of the violation persons
18 under the age of 18 are present, the offense is committed
19 during school hours, or the offense is committed at times
20 when persons under the age of 18 are reasonably expected to
21 be present in the school, in the conveyance, or on the real
22 property, such as when after-school activities are
23 occurring or residential property owned, operated or
24 managed by a public housing agency or leased by a public
25 housing agency as part of a scattered site or mixed-income
26 development, or in any public park or , on or within 500

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

SB1722 Enrolled- 35 -LRB100 11347 RLC 21730 b
1 are present or reasonably expected to be present in the
2 church, synagogue, or other building, structure, or place
3 used primarily for religious worship during worship
4 services, or in buildings or structures used primarily for
5 housing or providing space for activities for senior
6 citizens: nursing homes, assisted-living centers, senior
7 citizen housing complexes, or senior centers oriented
8 toward daytime activities during the hours those places,
9 buildings, or structures are open for those activities, or
10 on the real property is guilty of a Class 2 felony, the
11 fine for which shall not exceed $125,000;
12 (6) subsection (h) of Section 401 in any school, on or
13 within 500 feet of the real property comprising any school,
14 or in any conveyance owned, leased or contracted by a
15 school to transport students to or from school or a school
16 related activity, and at the time of the violation persons
17 under the age of 18 are present, the offense is committed
18 during school hours, or the offense is committed at times
19 when persons under the age of 18 are reasonably expected to
20 be present in the school, in the conveyance, or on the real
21 property, such as when after-school activities are
22 occurring or residential property owned, operated or
23 managed by a public housing agency or leased by a public
24 housing agency as part of a scattered site or mixed-income
25 development, or in any public park or , on or within 500
26 feet of the real property comprising any school or

SB1722 Enrolled- 36 -LRB100 11347 RLC 21730 b
1 residential property owned, operated or managed by a public
2 housing agency or leased by a public housing agency as part
3 of a scattered site or mixed-income development, or public
4 park or within 1,000 feet of the real property comprising
5 any school 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 public park, on the real property
9 comprising any church, synagogue, or other building,
10 structure, or place used primarily for religious worship,
11 or within 500 1,000 feet of the real property comprising
12 any church, synagogue, or other building, structure, or
13 place used primarily for religious worship, on the real
14 property comprising any of the following places,
15 buildings, or structures used primarily for housing or
16 providing space for activities for senior citizens:
17 nursing homes, assisted-living centers, senior citizen
18 housing complexes, or senior centers oriented toward
19 daytime activities, or within 500 1,000 feet of 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 and at the time of the violation persons
26 are present or reasonably expected to be present in the

SB1722 Enrolled- 37 -LRB100 11347 RLC 21730 b
1 church, synagogue, or other building, structure, or place
2 used primarily for religious worship during worship
3 services, or in 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 during the hours those places,
8 buildings, or structures are open for those activities, or
9 on the real property is guilty of a Class 2 felony, the
10 fine for which shall not exceed $100,000.
11 (c) Regarding penalties prescribed in subsection (b) for
12violations committed in a school or on or within 500 1,000 feet
13of school property, the time of day and , time of year and
14whether classes were currently in session at the time of the
15offense is irrelevant.
16(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
17 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
18 Sec. 410. (a) Whenever any person who has not previously
19been convicted of, or placed on probation or court supervision
20for any felony offense under this Act or any law of the United
21States or of any State relating to cannabis or controlled
22substances, pleads guilty to or is found guilty of possession
23of a controlled or counterfeit substance under subsection (c)
24of Section 402 or of unauthorized possession of prescription
25form under Section 406.2, the court, without entering a

SB1722 Enrolled- 38 -LRB100 11347 RLC 21730 b
1judgment and with the consent of such person, may sentence him
2or her to probation.
3 (b) When a person is placed on probation, the court shall
4enter an order specifying a period of probation of 24 months
5and shall defer further proceedings in the case until the
6conclusion of the period or until the filing of a petition
7alleging violation of a term or condition of probation.
8 (c) The conditions of probation shall be that the person:
9(1) not violate any criminal statute of any jurisdiction; (2)
10refrain from possessing a firearm or other dangerous weapon;
11(3) submit to periodic drug testing at a time and in a manner
12as ordered by the court, but no less than 3 times during the
13period of the probation, with the cost of the testing to be
14paid by the probationer; and (4) perform no less than 30 hours
15of community service, provided community service is available
16in the jurisdiction and is funded and approved by the county
17board.
18 (d) The court may, in addition to other conditions, require
19that the person:
20 (1) make a report to and appear in person before or
21 participate with the court or such courts, person, or
22 social service agency as directed by the court in the order
23 of probation;
24 (2) pay a fine and costs;
25 (3) work or pursue a course of study or vocational
26 training;

SB1722 Enrolled- 39 -LRB100 11347 RLC 21730 b
1 (4) undergo medical or psychiatric treatment; or
2 treatment or rehabilitation approved by the Illinois
3 Department of Human Services;
4 (5) attend or reside in a facility established for the
5 instruction or residence of defendants on probation;
6 (6) support his or her dependents;
7 (6-5) refrain from having in his or her body the
8 presence of any illicit drug prohibited by the Cannabis
9 Control Act, the Illinois Controlled Substances Act, or the
10 Methamphetamine Control and Community Protection Act,
11 unless prescribed by a physician, and submit samples of his
12 or her blood or urine or both for tests to determine the
13 presence of any illicit drug;
14 (7) and in addition, if a minor:
15 (i) reside with his or her parents or in a foster
16 home;
17 (ii) attend school;
18 (iii) attend a non-residential program for youth;
19 (iv) contribute to his or her own support at home
20 or in a foster home.
21 (e) Upon violation of a term or condition of probation, the
22court may enter a judgment on its original finding of guilt and
23proceed as otherwise provided.
24 (f) Upon fulfillment of the terms and conditions of
25probation, the court shall discharge the person and dismiss the
26proceedings against him or her.

SB1722 Enrolled- 40 -LRB100 11347 RLC 21730 b
1 (g) A disposition of probation is considered to be a
2conviction for the purposes of imposing the conditions of
3probation and for appeal, however, discharge and dismissal
4under this Section is not a conviction for purposes of this Act
5or for purposes of disqualifications or disabilities imposed by
6law upon conviction of a crime.
7 (h) A person may not have more than There may be only one
8discharge and dismissal under this Section within a 4-year
9period , Section 10 of the Cannabis Control Act, Section 70 of
10the Methamphetamine Control and Community Protection Act,
11Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
12or subsection (c) of Section 11-14 of the Criminal Code of 1961
13or the Criminal Code of 2012 with respect to any person.
14 (i) If a person is convicted of an offense under this Act,
15the Cannabis Control Act, or the Methamphetamine Control and
16Community Protection Act within 5 years subsequent to a
17discharge and dismissal under this Section, the discharge and
18dismissal under this Section shall be admissible in the
19sentencing proceeding for that conviction as evidence in
20aggravation.
21 (j) Notwithstanding subsection (a), before a person is
22sentenced to probation under this Section, the court may refer
23the person to the drug court established in that judicial
24circuit pursuant to Section 15 of the Drug Court Treatment Act.
25The drug court team shall evaluate the person's likelihood of
26successfully completing a sentence of probation under this

SB1722 Enrolled- 41 -LRB100 11347 RLC 21730 b
1Section and shall report the results of its evaluation to the
2court. If the drug court team finds that the person suffers
3from a substance abuse problem that makes him or her
4substantially unlikely to successfully complete a sentence of
5probation under this Section, then the drug court shall set
6forth its findings in the form of a written order, and the
7person shall not be sentenced to probation under this Section,
8but shall may be considered for the drug court program.
9(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
10 Section 30. The Methamphetamine Control and Community
11Protection Act is amended by changing Sections 15, 55, and 70
12as follows:
13 (720 ILCS 646/15)
14 Sec. 15. Participation in methamphetamine manufacturing.
15 (a) Participation in methamphetamine manufacturing.
16 (1) It is unlawful to knowingly participate in the
17 manufacture of methamphetamine with the intent that
18 methamphetamine or a substance containing methamphetamine
19 be produced.
20 (2) A person who violates paragraph (1) of this
21 subsection (a) is subject to the following penalties:
22 (A) A person who participates in the manufacture of
23 less than 15 grams of methamphetamine or a substance
24 containing methamphetamine is guilty of a Class 1

SB1722 Enrolled- 42 -LRB100 11347 RLC 21730 b
1 felony.
2 (B) A person who participates in the manufacture of
3 15 or more grams but less than 100 grams of
4 methamphetamine or a substance containing
5 methamphetamine is guilty of a Class X felony, subject
6 to a term of imprisonment of not less than 6 years and
7 not more than 30 years, and subject to a fine not to
8 exceed $100,000 or the street value of the
9 methamphetamine manufactured, whichever is greater.
10 (C) A person who participates in the manufacture of
11 100 or more grams but less than 400 grams of
12 methamphetamine or a substance containing
13 methamphetamine is guilty of a Class X felony, subject
14 to a term of imprisonment of not less than 9 years and
15 not more than 40 years, and subject to a fine not to
16 exceed $200,000 or the street value of the
17 methamphetamine manufactured, whichever is greater.
18 (D) A person who participates in the manufacture of
19 400 or more grams but less than 900 grams of
20 methamphetamine or a substance containing
21 methamphetamine is guilty of a Class X felony, subject
22 to a term of imprisonment of not less than 12 years and
23 not more than 50 years, and subject to a fine not to
24 exceed $300,000 or the street value of the
25 methamphetamine manufactured, whichever is greater.
26 (E) A person who participates in the manufacture of

SB1722 Enrolled- 43 -LRB100 11347 RLC 21730 b
1 900 grams or more of methamphetamine or a substance
2 containing methamphetamine is guilty of a Class X
3 felony, subject to a term of imprisonment of not less
4 than 15 years and not more than 60 years, and subject
5 to a fine not to exceed $400,000 or the street value of
6 the methamphetamine, whichever is greater.
7 (b) Aggravated participation in methamphetamine
8manufacturing.
9 (1) It is unlawful to engage in aggravated
10 participation in the manufacture of methamphetamine. A
11 person engages in aggravated participation in the
12 manufacture of methamphetamine when the person violates
13 paragraph (1) of subsection (a) and:
14 (A) the person knowingly does so in a multi-unit
15 dwelling;
16 (B) the person knowingly does so in a structure or
17 vehicle where a child under the age of 18, a person
18 with a disability, or a person 60 years of age or older
19 who is incapable of adequately providing for his or her
20 own health and personal care resides, is present, or is
21 endangered by the manufacture of methamphetamine;
22 (C) the person does so in a structure or vehicle
23 where a woman the person knows to be pregnant
24 (including but not limited to the person herself)
25 resides, is present, or is endangered by the
26 methamphetamine manufacture;

SB1722 Enrolled- 44 -LRB100 11347 RLC 21730 b
1 (D) the person knowingly does so in a structure or
2 vehicle protected by one or more firearms, explosive
3 devices, booby traps, alarm systems, surveillance
4 systems, guard dogs, or dangerous animals;
5 (E) the methamphetamine manufacturing in which the
6 person participates is a contributing cause of the
7 death, serious bodily injury, disability, or
8 disfigurement of another person, including but not
9 limited to an emergency service provider;
10 (F) the methamphetamine manufacturing in which the
11 person participates is a contributing cause of a fire
12 or explosion that damages property belonging to
13 another person;
14 (G) the person knowingly organizes, directs, or
15 finances the methamphetamine manufacturing or
16 activities carried out in support of the
17 methamphetamine manufacturing; or
18 (H) the methamphetamine manufacturing occurs
19 within 500 1,000 feet of a place of worship or
20 parsonage, or within 500 1,000 feet of the real
21 property comprising any school at a time when children,
22 clergy, patrons, staff, or other persons are present or
23 any activity sanctioned by the place of worship or
24 parsonage or school is taking place.
25 (2) A person who violates paragraph (1) of this
26 subsection (b) is subject to the following penalties:

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

SB1722 Enrolled- 46 -LRB100 11347 RLC 21730 b
1 felony, subject to a term of imprisonment of not less
2 than 15 years and not more than 60 years, and subject
3 to a fine not to exceed $400,000 or the street value of
4 the methamphetamine, whichever is greater.
5(Source: P.A. 98-980, eff. 1-1-15.)
6 (720 ILCS 646/55)
7 Sec. 55. Methamphetamine delivery.
8 (a) Delivery or possession with intent to deliver
9methamphetamine or a substance containing methamphetamine.
10 (1) It is unlawful knowingly to engage in the delivery
11 or possession with intent to deliver methamphetamine or a
12 substance containing methamphetamine.
13 (2) A person who violates paragraph (1) of this
14 subsection (a) is subject to the following penalties:
15 (A) A person who delivers or possesses with intent
16 to deliver less than 5 grams of methamphetamine or a
17 substance containing methamphetamine is guilty of a
18 Class 2 felony.
19 (B) A person who delivers or possesses with intent
20 to deliver 5 or more grams but less than 15 grams of
21 methamphetamine or a substance containing
22 methamphetamine is guilty of a Class 1 felony.
23 (C) A person who delivers or possesses with intent
24 to deliver 15 or more grams but less than 100 grams of
25 methamphetamine or a substance containing

SB1722 Enrolled- 47 -LRB100 11347 RLC 21730 b
1 methamphetamine is guilty of a Class X felony, subject
2 to a term of imprisonment of not less than 6 years and
3 not more than 30 years, and subject to a fine not to
4 exceed $100,000 or the street value of the
5 methamphetamine, whichever is greater.
6 (D) A person who delivers or possesses with intent
7 to deliver 100 or more grams but less than 400 grams of
8 methamphetamine or a substance containing
9 methamphetamine is guilty of a Class X felony, subject
10 to a term of imprisonment of not less than 9 years and
11 not more than 40 years, and subject to a fine not to
12 exceed $200,000 or the street value of the
13 methamphetamine, whichever is greater.
14 (E) A person who delivers or possesses with intent
15 to deliver 400 or more grams but less than 900 grams of
16 methamphetamine or a substance containing
17 methamphetamine is guilty of a Class X felony, subject
18 to a term of imprisonment of not less than 12 years and
19 not more than 50 years, and subject to a fine not to
20 exceed $300,000 or the street value of the
21 methamphetamine, whichever is greater.
22 (F) A person who delivers or possesses with intent
23 to deliver 900 or more grams of methamphetamine or a
24 substance containing methamphetamine is guilty of a
25 Class X felony, subject to a term of imprisonment of
26 not less than 15 years and not more than 60 years, and

SB1722 Enrolled- 48 -LRB100 11347 RLC 21730 b
1 subject to a fine not to exceed $400,000 or the street
2 value of the methamphetamine, whichever is greater.
3 (b) Aggravated delivery or possession with intent to
4deliver methamphetamine or a substance containing
5methamphetamine.
6 (1) It is unlawful to engage in the aggravated delivery
7 or possession with intent to deliver methamphetamine or a
8 substance containing methamphetamine. A person engages in
9 the aggravated delivery or possession with intent to
10 deliver methamphetamine or a substance containing
11 methamphetamine when the person violates paragraph (1) of
12 subsection (a) of this Section and:
13 (A) the person is at least 18 years of age and
14 knowingly delivers or possesses with intent to deliver
15 the methamphetamine or substance containing
16 methamphetamine to a person under 18 years of age;
17 (B) the person is at least 18 years of age and
18 knowingly uses, engages, employs, or causes another
19 person to use, engage, or employ a person under 18
20 years of age to deliver the methamphetamine or
21 substance containing methamphetamine;
22 (C) the person knowingly delivers or possesses
23 with intent to deliver the methamphetamine or
24 substance containing methamphetamine in any structure
25 or vehicle protected by one or more firearms, explosive
26 devices, booby traps, alarm systems, surveillance

SB1722 Enrolled- 49 -LRB100 11347 RLC 21730 b
1 systems, guard dogs, or dangerous animals;
2 (D) the person knowingly delivers or possesses
3 with intent to deliver the methamphetamine or
4 substance containing methamphetamine in any school, on
5 any real property comprising any school, or in any
6 conveyance owned, leased, or contracted by a school to
7 transport students to or from school or a
8 school-related activity and at the time of the
9 violation persons under the age of 18 are present, the
10 offense is committed during school hours, or the
11 offense is committed at times when persons under the
12 age of 18 are reasonably expected to be present in the
13 school, in the conveyance, or on the real property,
14 such as when after-school activities are occurring;
15 (E) the person delivers or causes another person to
16 deliver the methamphetamine or substance containing
17 methamphetamine to a woman that the person knows to be
18 pregnant; or
19 (F) (blank).
20 (2) A person who violates paragraph (1) of this
21 subsection (b) is subject to the following penalties:
22 (A) A person who delivers or possesses with intent
23 to deliver less than 5 grams of methamphetamine or a
24 substance containing methamphetamine is guilty of a
25 Class 1 felony.
26 (B) A person who delivers or possesses with intent

SB1722 Enrolled- 50 -LRB100 11347 RLC 21730 b
1 to deliver 5 or more grams but less than 15 grams of
2 methamphetamine or a substance containing
3 methamphetamine is guilty of a Class X felony, subject
4 to a term of imprisonment of not less than 6 years and
5 not more than 30 years, and subject to a fine not to
6 exceed $100,000 or the street value of the
7 methamphetamine, whichever is greater.
8 (C) A person who delivers or possesses with intent
9 to deliver 15 or more grams but less than 100 grams of
10 methamphetamine or a substance containing
11 methamphetamine is guilty of a Class X felony, subject
12 to a term of imprisonment of not less than 8 years and
13 not more than 40 years, and subject to a fine not to
14 exceed $200,000 or the street value of the
15 methamphetamine, whichever is greater.
16 (D) A person who delivers or possesses with intent
17 to deliver 100 or more grams of methamphetamine or a
18 substance containing methamphetamine is guilty of a
19 Class X felony, subject to a term of imprisonment of
20 not less than 10 years and not more than 50 years, and
21 subject to a fine not to exceed $300,000 or the street
22 value of the methamphetamine, whichever is greater.
23(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
24 (720 ILCS 646/70)
25 Sec. 70. Probation.

SB1722 Enrolled- 51 -LRB100 11347 RLC 21730 b
1 (a) Whenever any person who has not previously been
2convicted of, or placed on probation or court supervision for
3any felony offense under this Act, the Illinois Controlled
4Substances Act, the Cannabis Control Act, or any law of the
5United States or of any state relating to cannabis or
6controlled substances, pleads guilty to or is found guilty of
7possession of less than 15 grams of methamphetamine under
8paragraph (1) or (2) of subsection (b) of Section 60 of this
9Act, the court, without entering a judgment and with the
10consent of the person, may sentence him or her to probation.
11 (b) When a person is placed on probation, the court shall
12enter an order specifying a period of probation of 24 months
13and shall defer further proceedings in the case until the
14conclusion of the period or until the filing of a petition
15alleging violation of a term or condition of probation.
16 (c) The conditions of probation shall be that the person:
17 (1) not violate any criminal statute of any
18 jurisdiction;
19 (2) refrain from possessing a firearm or other
20 dangerous weapon;
21 (3) submit to periodic drug testing at a time and in a
22 manner as ordered by the court, but no less than 3 times
23 during the period of the probation, with the cost of the
24 testing to be paid by the probationer; and
25 (4) perform no less than 30 hours of community service,
26 if community service is available in the jurisdiction and

SB1722 Enrolled- 52 -LRB100 11347 RLC 21730 b
1 is funded and approved by the county board.
2 (d) The court may, in addition to other conditions, require
3that the person take one or more of the following actions:
4 (1) make a report to and appear in person before or
5 participate with the court or such courts, person, or
6 social service agency as directed by the court in the order
7 of probation;
8 (2) pay a fine and costs;
9 (3) work or pursue a course of study or vocational
10 training;
11 (4) undergo medical or psychiatric treatment; or
12 treatment or rehabilitation approved by the Illinois
13 Department of Human Services;
14 (5) attend or reside in a facility established for the
15 instruction or residence of defendants on probation;
16 (6) support his or her dependents;
17 (7) refrain from having in his or her body the presence
18 of any illicit drug prohibited by this Act, the Cannabis
19 Control Act, or the Illinois Controlled Substances Act,
20 unless prescribed by a physician, and submit samples of his
21 or her blood or urine or both for tests to determine the
22 presence of any illicit drug; or
23 (8) if a minor:
24 (i) reside with his or her parents or in a foster
25 home;
26 (ii) attend school;

SB1722 Enrolled- 53 -LRB100 11347 RLC 21730 b
1 (iii) attend a non-residential program for youth;
2 or
3 (iv) contribute to his or her own support at home
4 or in a foster home.
5 (e) Upon violation of a term or condition of probation, the
6court may enter a judgment on its original finding of guilt and
7proceed as otherwise provided.
8 (f) Upon fulfillment of the terms and conditions of
9probation, the court shall discharge the person and dismiss the
10proceedings against the person.
11 (g) A disposition of probation is considered to be a
12conviction for the purposes of imposing the conditions of
13probation and for appeal, however, discharge and dismissal
14under this Section is not a conviction for purposes of this Act
15or for purposes of disqualifications or disabilities imposed by
16law upon conviction of a crime.
17 (h) A person may not have more than There may be only one
18discharge and dismissal under this Section within a 4-year
19period , Section 410 of the Illinois Controlled Substances Act,
20Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
215-6-3.4 of the Unified Code of Corrections, or subsection (c)
22of Section 11-14 of the Criminal Code of 1961 or the Criminal
23Code of 2012 with respect to any person.
24 (i) If a person is convicted of an offense under this Act,
25the Cannabis Control Act, or the Illinois Controlled Substances
26Act within 5 years subsequent to a discharge and dismissal

SB1722 Enrolled- 54 -LRB100 11347 RLC 21730 b
1under this Section, the discharge and dismissal under this
2Section are admissible in the sentencing proceeding for that
3conviction as evidence in aggravation.
4 (j) Notwithstanding subsection (a), before a person is
5sentenced to probation under this Section, the court may refer
6the person to the drug court established in that judicial
7circuit pursuant to Section 15 of the Drug Court Treatment Act.
8The drug court team shall evaluate the person's likelihood of
9successfully completing a sentence of probation under this
10Section and shall report the results of its evaluation to the
11court. If the drug court team finds that the person suffers
12from a substance abuse problem that makes him or her
13substantially unlikely to successfully complete a sentence of
14probation under this Section, then the drug court shall set
15forth its findings in the form of a written order, and the
16person shall not be sentenced to probation under this Section,
17but shall may be considered for the drug court program.
18(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
19 Section 35. The Unified Code of Corrections is amended by
20changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4,
21and 5-8-8 and by adding Sections 5-4.5-110 and 5-6-3.6 as
22follows:
23 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
24 Sec. 3-3-8. Length of parole and mandatory supervised

SB1722 Enrolled- 55 -LRB100 11347 RLC 21730 b
1release; discharge.
2 (a) The length of parole for a person sentenced under the
3law in effect prior to the effective date of this amendatory
4Act of 1977 and the length of mandatory supervised release for
5those sentenced under the law in effect on and after such
6effective date shall be as set out in Section 5-8-1 unless
7sooner terminated under paragraph (b) of this Section.
8 (b) The Prisoner Review Board may enter an order releasing
9and discharging one from parole or mandatory supervised
10release, and his or her commitment to the Department, when it
11determines that he or she is likely to remain at liberty
12without committing another offense.
13 (b-1) Provided that the subject is in compliance with the
14terms and conditions of his or her parole or mandatory
15supervised release, the Prisoner Review Board may reduce the
16period of a parolee or releasee's parole or mandatory
17supervised release by 90 days upon the parolee or releasee
18receiving a high school diploma or upon passage of high school
19equivalency testing during the period of his or her parole or
20mandatory supervised release. This reduction in the period of a
21subject's term of parole or mandatory supervised release shall
22be available only to subjects who have not previously earned a
23high school diploma or who have not previously passed high
24school equivalency testing.
25 (b-2) The Prisoner Review Board may release a low-risk and
26need subject person from mandatory supervised release as

SB1722 Enrolled- 56 -LRB100 11347 RLC 21730 b
1determined by an appropriate evidence-based risk and need
2assessment.
3 (c) The order of discharge shall become effective upon
4entry of the order of the Board. The Board shall notify the
5clerk of the committing court of the order. Upon receipt of
6such copy, the clerk shall make an entry on the record judgment
7that the sentence or commitment has been satisfied pursuant to
8the order.
9 (d) Rights of the person discharged under this Section
10shall be restored under Section 5-5-5.
11(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
12eff. 1-1-16; 99-628, eff. 1-1-17.)
13 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
14 (Text of Section before amendment by P.A. 99-938)
15 Sec. 3-6-3. Rules and regulations for sentence credit.
16 (a)(1) The Department of Corrections shall prescribe rules
17and regulations for awarding and revoking sentence credit for
18persons committed to the Department which shall be subject to
19review by the Prisoner Review Board.
20 (1.5) As otherwise provided by law, sentence credit may be
21awarded for the following:
22 (A) successful completion of programming while in
23 custody of the Department or while in custody prior to
24 sentencing;
25 (B) compliance with the rules and regulations of the

SB1722 Enrolled- 57 -LRB100 11347 RLC 21730 b
1 Department; or
2 (C) service to the institution, service to a community,
3 or service to the State.
4 (2) The rules and regulations on sentence credit shall
5provide, with respect to offenses listed in clause (i), (ii),
6or (iii) of this paragraph (2) committed on or after June 19,
71998 or with respect to the offense listed in clause (iv) of
8this paragraph (2) committed on or after June 23, 2005 (the
9effective date of Public Act 94-71) or with respect to offense
10listed in clause (vi) committed on or after June 1, 2008 (the
11effective date of Public Act 95-625) or with respect to the
12offense of being an armed habitual criminal committed on or
13after August 2, 2005 (the effective date of Public Act 94-398)
14or with respect to the offenses listed in clause (v) of this
15paragraph (2) committed on or after August 13, 2007 (the
16effective date of Public Act 95-134) or with respect to the
17offense of aggravated domestic battery committed on or after
18July 23, 2010 (the effective date of Public Act 96-1224) or
19with respect to the offense of attempt to commit terrorism
20committed on or after January 1, 2013 (the effective date of
21Public Act 97-990), the following:
22 (i) that a prisoner who is serving a term of
23 imprisonment for first degree murder or for the offense of
24 terrorism shall receive no sentence credit and shall serve
25 the entire sentence imposed by the court;
26 (ii) that a prisoner serving a sentence for attempt to

SB1722 Enrolled- 58 -LRB100 11347 RLC 21730 b
1 commit terrorism, attempt to commit first degree murder,
2 solicitation of murder, solicitation of murder for hire,
3 intentional homicide of an unborn child, predatory
4 criminal sexual assault of a child, aggravated criminal
5 sexual assault, criminal sexual assault, aggravated
6 kidnapping, aggravated battery with a firearm as described
7 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
8 (e)(4) of Section 12-3.05, heinous battery as described in
9 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
10 being an armed habitual criminal, aggravated battery of a
11 senior citizen as described in Section 12-4.6 or
12 subdivision (a)(4) of Section 12-3.05, or aggravated
13 battery of a child as described in Section 12-4.3 or
14 subdivision (b)(1) of Section 12-3.05 shall receive no more
15 than 4.5 days of sentence credit for each month of his or
16 her sentence of imprisonment;
17 (iii) that a prisoner serving a sentence for home
18 invasion, armed robbery, aggravated vehicular hijacking,
19 aggravated discharge of a firearm, or armed violence with a
20 category I weapon or category II weapon, when the court has
21 made and entered a finding, pursuant to subsection (c-1) of
22 Section 5-4-1 of this Code, that the conduct leading to
23 conviction for the enumerated offense resulted in great
24 bodily harm to a victim, shall receive no more than 4.5
25 days of sentence credit for each month of his or her
26 sentence of imprisonment;

SB1722 Enrolled- 59 -LRB100 11347 RLC 21730 b
1 (iv) that a prisoner serving a sentence for aggravated
2 discharge of a firearm, whether or not the conduct leading
3 to conviction for the offense resulted in great bodily harm
4 to the victim, shall receive no more than 4.5 days of
5 sentence credit for each month of his or her sentence of
6 imprisonment;
7 (v) that a person serving a sentence for gunrunning,
8 narcotics racketeering, controlled substance trafficking,
9 methamphetamine trafficking, drug-induced homicide,
10 aggravated methamphetamine-related child endangerment,
11 money laundering pursuant to clause (c) (4) or (5) of
12 Section 29B-1 of the Criminal Code of 1961 or the Criminal
13 Code of 2012, or a Class X felony conviction for delivery
14 of a controlled substance, possession of a controlled
15 substance with intent to manufacture or deliver,
16 calculated criminal drug conspiracy, criminal drug
17 conspiracy, street gang criminal drug conspiracy,
18 participation in methamphetamine manufacturing, aggravated
19 participation in methamphetamine manufacturing, delivery
20 of methamphetamine, possession with intent to deliver
21 methamphetamine, aggravated delivery of methamphetamine,
22 aggravated possession with intent to deliver
23 methamphetamine, methamphetamine conspiracy when the
24 substance containing the controlled substance or
25 methamphetamine is 100 grams or more shall receive no more
26 than 7.5 days sentence credit for each month of his or her

SB1722 Enrolled- 60 -LRB100 11347 RLC 21730 b
1 sentence of imprisonment;
2 (vi) that a prisoner serving a sentence for a second or
3 subsequent offense of luring a minor shall receive no more
4 than 4.5 days of sentence credit for each month of his or
5 her sentence of imprisonment; and
6 (vii) that a prisoner serving a sentence for aggravated
7 domestic battery shall receive no more than 4.5 days of
8 sentence credit for each month of his or her sentence of
9 imprisonment.
10 (2.1) For all offenses, other than those enumerated in
11subdivision (a)(2)(i), (ii), or (iii) committed on or after
12June 19, 1998 or subdivision (a)(2)(iv) committed on or after
13June 23, 2005 (the effective date of Public Act 94-71) or
14subdivision (a)(2)(v) committed on or after August 13, 2007
15(the effective date of Public Act 95-134) or subdivision
16(a)(2)(vi) committed on or after June 1, 2008 (the effective
17date of Public Act 95-625) or subdivision (a)(2)(vii) committed
18on or after July 23, 2010 (the effective date of Public Act
1996-1224), and other than the offense of aggravated driving
20under the influence of alcohol, other drug or drugs, or
21intoxicating compound or compounds, or any combination thereof
22as defined in subparagraph (F) of paragraph (1) of subsection
23(d) of Section 11-501 of the Illinois Vehicle Code, and other
24than the offense of aggravated driving under the influence of
25alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof as defined in

SB1722 Enrolled- 61 -LRB100 11347 RLC 21730 b
1subparagraph (C) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code committed on or after
3January 1, 2011 (the effective date of Public Act 96-1230), the
4rules and regulations shall provide that a prisoner who is
5serving a term of imprisonment shall receive one day of
6sentence credit for each day of his or her sentence of
7imprisonment or recommitment under Section 3-3-9. Each day of
8sentence credit shall reduce by one day the prisoner's period
9of imprisonment or recommitment under Section 3-3-9.
10 (2.2) A prisoner serving a term of natural life
11imprisonment or a prisoner who has been sentenced to death
12shall receive no sentence credit.
13 (2.3) The rules and regulations on sentence credit shall
14provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds, or any
17combination thereof as defined in subparagraph (F) of paragraph
18(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
19Code, shall receive no more than 4.5 days of sentence credit
20for each month of his or her sentence of imprisonment.
21 (2.4) The rules and regulations on sentence credit shall
22provide with respect to the offenses of aggravated battery with
23a machine gun or a firearm equipped with any device or
24attachment designed or used for silencing the report of a
25firearm or aggravated discharge of a machine gun or a firearm
26equipped with any device or attachment designed or used for

SB1722 Enrolled- 62 -LRB100 11347 RLC 21730 b
1silencing the report of a firearm, committed on or after July
215, 1999 (the effective date of Public Act 91-121), that a
3prisoner serving a sentence for any of these offenses shall
4receive no more than 4.5 days of sentence credit for each month
5of his or her sentence of imprisonment.
6 (2.5) The rules and regulations on sentence credit shall
7provide that a prisoner who is serving a sentence for
8aggravated arson committed on or after July 27, 2001 (the
9effective date of Public Act 92-176) shall receive no more than
104.5 days of sentence credit for each month of his or her
11sentence of imprisonment.
12 (2.6) The rules and regulations on sentence credit shall
13provide that a prisoner who is serving a sentence for
14aggravated driving under the influence of alcohol, other drug
15or drugs, or intoxicating compound or compounds or any
16combination thereof as defined in subparagraph (C) of paragraph
17(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
18Code committed on or after January 1, 2011 (the effective date
19of Public Act 96-1230) shall receive no more than 4.5 days of
20sentence credit for each month of his or her sentence of
21imprisonment.
22 (3) The rules and regulations shall also provide that the
23Director may award up to 180 days additional sentence credit
24for good conduct in specific instances as the Director deems
25proper. The good conduct may include, but is not limited to,
26compliance with the rules and regulations of the Department,

SB1722 Enrolled- 63 -LRB100 11347 RLC 21730 b
1service to the Department, service to a community, or service
2to the State. However, the Director shall not award more than
390 days of sentence credit for good conduct to any prisoner who
4is serving a sentence for conviction of first degree murder,
5reckless homicide while under the influence of alcohol or any
6other drug, or aggravated driving under the influence of
7alcohol, 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, aggravated kidnapping,
11kidnapping, predatory criminal sexual assault of a child,
12aggravated criminal sexual assault, criminal sexual assault,
13deviate sexual assault, aggravated criminal sexual abuse,
14aggravated indecent liberties with a child, indecent liberties
15with a child, child pornography, heinous battery as described
16in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
17aggravated battery of a spouse, aggravated battery of a spouse
18with a firearm, stalking, aggravated stalking, aggravated
19battery of a child as described in Section 12-4.3 or
20subdivision (b)(1) of Section 12-3.05, endangering the life or
21health of a child, or cruelty to a child. Notwithstanding the
22foregoing, sentence credit for good conduct shall not be
23awarded on a sentence of imprisonment imposed for conviction
24of: (i) one of the offenses enumerated in subdivision
25(a)(2)(i), (ii), or (iii) when the offense is committed on or
26after June 19, 1998 or subdivision (a)(2)(iv) when the offense

SB1722 Enrolled- 64 -LRB100 11347 RLC 21730 b
1is committed on or after June 23, 2005 (the effective date of
2Public Act 94-71) or subdivision (a)(2)(v) when the offense is
3committed on or after August 13, 2007 (the effective date of
4Public Act 95-134) or subdivision (a)(2)(vi) when the offense
5is committed on or after June 1, 2008 (the effective date of
6Public Act 95-625) or subdivision (a)(2)(vii) when the offense
7is committed on or after July 23, 2010 (the effective date of
8Public Act 96-1224), (ii) aggravated driving under the
9influence of alcohol, other drug or drugs, or intoxicating
10compound or compounds, or any combination thereof as defined in
11subparagraph (F) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code, (iii) one of the offenses
13enumerated in subdivision (a)(2.4) when the offense is
14committed on or after July 15, 1999 (the effective date of
15Public Act 91-121), (iv) aggravated arson when the offense is
16committed on or after July 27, 2001 (the effective date of
17Public Act 92-176), (v) offenses that may subject the offender
18to commitment under the Sexually Violent Persons Commitment
19Act, or (vi) aggravated driving under the influence of alcohol,
20other drug or drugs, or intoxicating compound or compounds or
21any combination thereof as defined in subparagraph (C) of
22paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code committed on or after January 1, 2011
24(the effective date of Public Act 96-1230).
25 Eligible inmates for an award of sentence credit under this
26paragraph (3) may be selected to receive the credit at the

SB1722 Enrolled- 65 -LRB100 11347 RLC 21730 b
1Director's or his or her designee's sole discretion.
2Consideration may be based on, but not limited to, any
3available risk assessment analysis on the inmate, any history
4of conviction for violent crimes as defined by the Rights of
5Crime Victims and Witnesses Act, facts and circumstances of the
6inmate's holding offense or offenses, and the potential for
7rehabilitation.
8 The Director shall not award sentence credit under this
9paragraph (3) to an inmate unless the inmate has served a
10minimum of 60 days of the sentence; except nothing in this
11paragraph shall be construed to permit the Director to extend
12an inmate's sentence beyond that which was imposed by the
13court. Prior to awarding credit under this paragraph (3), the
14Director shall make a written determination that the inmate:
15 (A) is eligible for the sentence credit;
16 (B) has served a minimum of 60 days, or as close to 60
17 days as the sentence will allow; and
18 (C) has met the eligibility criteria established by
19 rule.
20 The Director shall determine the form and content of the
21written determination required in this subsection.
22 (3.5) The Department shall provide annual written reports
23to the Governor and the General Assembly on the award of
24sentence credit for good conduct, with the first report due
25January 1, 2014. The Department must publish both reports on
26its website within 48 hours of transmitting the reports to the

SB1722 Enrolled- 66 -LRB100 11347 RLC 21730 b
1Governor and the General Assembly. The reports must include:
2 (A) the number of inmates awarded sentence credit for
3 good conduct;
4 (B) the average amount of sentence credit for good
5 conduct awarded;
6 (C) the holding offenses of inmates awarded sentence
7 credit for good conduct; and
8 (D) the number of sentence credit for good conduct
9 revocations.
10 (4) The rules and regulations shall also provide that the
11sentence credit accumulated and retained under paragraph (2.1)
12of subsection (a) of this Section by any inmate during specific
13periods of time in which such inmate is engaged full-time in
14substance abuse programs, correctional industry assignments,
15educational programs, behavior modification programs, life
16skills courses, or re-entry planning provided by the Department
17under this paragraph (4) and satisfactorily completes the
18assigned program as determined by the standards of the
19Department, shall be multiplied by a factor of 1.25 for program
20participation before August 11, 1993 and 1.50 for program
21participation on or after that date. The rules and regulations
22shall also provide that sentence credit, subject to the same
23offense limits and multiplier provided in this paragraph, may
24be provided to an inmate who was held in pre-trial detention
25prior to his or her current commitment to the Department of
26Corrections and successfully completed a full-time, 60-day or

SB1722 Enrolled- 67 -LRB100 11347 RLC 21730 b
1longer substance abuse program, educational program, behavior
2modification program, life skills course, or re-entry planning
3provided by the county department of corrections or county
4jail. Calculation of this county program credit shall be done
5at sentencing as provided in Section 5-4.5-100 of this Code and
6shall be included in the sentencing order. However, no inmate
7shall be eligible for the additional sentence credit under this
8paragraph (4) or (4.1) of this subsection (a) while assigned to
9a boot camp or electronic detention, or if convicted of an
10offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
11this Section that is committed on or after June 19, 1998 or
12subdivision (a)(2)(iv) of this Section that is committed on or
13after June 23, 2005 (the effective date of Public Act 94-71) or
14subdivision (a)(2)(v) of this Section that is committed on or
15after August 13, 2007 (the effective date of Public Act 95-134)
16or subdivision (a)(2)(vi) when the offense is committed on or
17after June 1, 2008 (the effective date of Public Act 95-625) or
18subdivision (a)(2)(vii) when the offense is committed on or
19after July 23, 2010 (the effective date of Public Act 96-1224),
20or if convicted of aggravated driving under the influence of
21alcohol, other drug or drugs, or intoxicating compound or
22compounds or any combination thereof as defined in subparagraph
23(F) of paragraph (1) of subsection (d) of Section 11-501 of the
24Illinois Vehicle Code, or if convicted of aggravated driving
25under the influence of alcohol, other drug or drugs, or
26intoxicating compound or compounds or any combination thereof

SB1722 Enrolled- 68 -LRB100 11347 RLC 21730 b
1as defined in subparagraph (C) of paragraph (1) of subsection
2(d) of Section 11-501 of the Illinois Vehicle Code committed on
3or after January 1, 2011 (the effective date of Public Act
496-1230), or if convicted of an offense enumerated in paragraph
5(a)(2.4) of this Section that is committed on or after July 15,
61999 (the effective date of Public Act 91-121), or first degree
7murder, a Class X felony, criminal sexual assault, felony
8criminal sexual abuse, aggravated criminal sexual abuse,
9aggravated battery with a firearm as described in Section
1012-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
11Section 12-3.05, or any predecessor or successor offenses with
12the same or substantially the same elements, or any inchoate
13offenses relating to the foregoing offenses. No inmate shall be
14eligible for the additional good conduct credit under this
15paragraph (4) who (i) has previously received increased good
16conduct credit under this paragraph (4) and has subsequently
17been convicted of a felony, or (ii) has previously served more
18than one prior sentence of imprisonment for a felony in an
19adult correctional facility.
20 Educational, vocational, substance abuse, behavior
21modification programs, life skills courses, re-entry planning,
22and correctional industry programs under which sentence credit
23may be increased under this paragraph (4) and paragraph (4.1)
24of this subsection (a) shall be evaluated by the Department on
25the basis of documented standards. The Department shall report
26the results of these evaluations to the Governor and the

SB1722 Enrolled- 69 -LRB100 11347 RLC 21730 b
1General Assembly by September 30th of each year. The reports
2shall include data relating to the recidivism rate among
3program participants.
4 Availability of these programs shall be subject to the
5limits of fiscal resources appropriated by the General Assembly
6for these purposes. Eligible inmates who are denied immediate
7admission shall be placed on a waiting list under criteria
8established by the Department. The inability of any inmate to
9become engaged in any such programs by reason of insufficient
10program resources or for any other reason established under the
11rules and regulations of the Department shall not be deemed a
12cause of action under which the Department or any employee or
13agent of the Department shall be liable for damages to the
14inmate.
15 (4.1) The rules and regulations shall also provide that an
16additional 90 days of sentence credit shall be awarded to any
17prisoner who passes high school equivalency testing while the
18prisoner is committed to the Department of Corrections. The
19sentence credit awarded under this paragraph (4.1) shall be in
20addition to, and shall not affect, the award of sentence credit
21under any other paragraph of this Section, but shall also be
22pursuant to the guidelines and restrictions set forth in
23paragraph (4) of subsection (a) of this Section. The sentence
24credit provided for in this paragraph shall be available only
25to those prisoners who have not previously earned a high school
26diploma or a high school equivalency certificate. If, after an

SB1722 Enrolled- 70 -LRB100 11347 RLC 21730 b
1award of the high school equivalency testing sentence credit
2has been made, the Department determines that the prisoner was
3not eligible, then the award shall be revoked. The Department
4may also award 90 days of sentence credit to any committed
5person who passed high school equivalency testing while he or
6she was held in pre-trial detention prior to the current
7commitment to the Department of Corrections.
8 (4.5) The rules and regulations on sentence credit shall
9also provide that when the court's sentencing order recommends
10a prisoner for substance abuse treatment and the crime was
11committed on or after September 1, 2003 (the effective date of
12Public Act 93-354), the prisoner shall receive no sentence
13credit awarded under clause (3) of this subsection (a) unless
14he or she participates in and completes a substance abuse
15treatment program. The Director may waive the requirement to
16participate in or complete a substance abuse treatment program
17and award the sentence credit in specific instances if the
18prisoner is not a good candidate for a substance abuse
19treatment program for medical, programming, or operational
20reasons. Availability of substance abuse treatment shall be
21subject to the limits of fiscal resources appropriated by the
22General Assembly for these purposes. If treatment is not
23available and the requirement to participate and complete the
24treatment has not been waived by the Director, the prisoner
25shall be placed on a waiting list under criteria established by
26the Department. The Director may allow a prisoner placed on a

SB1722 Enrolled- 71 -LRB100 11347 RLC 21730 b
1waiting list to participate in and complete a substance abuse
2education class or attend substance abuse self-help meetings in
3lieu of a substance abuse treatment program. A prisoner on a
4waiting list who is not placed in a substance abuse program
5prior to release may be eligible for a waiver and receive
6sentence credit under clause (3) of this subsection (a) at the
7discretion of the Director.
8 (4.6) The rules and regulations on sentence credit shall
9also provide that a prisoner who has been convicted of a sex
10offense as defined in Section 2 of the Sex Offender
11Registration Act shall receive no sentence credit unless he or
12she either has successfully completed or is participating in
13sex offender treatment as defined by the Sex Offender
14Management Board. However, prisoners who are waiting to receive
15treatment, but who are unable to do so due solely to the lack
16of resources on the part of the Department, may, at the
17Director's sole discretion, be awarded sentence credit at a
18rate as the Director shall determine.
19 (5) Whenever the Department is to release any inmate
20earlier than it otherwise would because of a grant of sentence
21credit for good conduct under paragraph (3) of subsection (a)
22of this Section given at any time during the term, the
23Department shall give reasonable notice of the impending
24release not less than 14 days prior to the date of the release
25to the State's Attorney of the county where the prosecution of
26the inmate took place, and if applicable, the State's Attorney

SB1722 Enrolled- 72 -LRB100 11347 RLC 21730 b
1of the county into which the inmate will be released. The
2Department must also make identification information and a
3recent photo of the inmate being released accessible on the
4Internet by means of a hyperlink labeled "Community
5Notification of Inmate Early Release" on the Department's World
6Wide Web homepage. The identification information shall
7include the inmate's: name, any known alias, date of birth,
8physical characteristics, commitment offense and county where
9conviction was imposed. The identification information shall
10be placed on the website within 3 days of the inmate's release
11and the information may not be removed until either: completion
12of the first year of mandatory supervised release or return of
13the inmate to custody of the Department.
14 (b) Whenever a person is or has been committed under
15several convictions, with separate sentences, the sentences
16shall be construed under Section 5-8-4 in granting and
17forfeiting of sentence credit.
18 (c) The Department shall prescribe rules and regulations
19for revoking sentence credit, including revoking sentence
20credit awarded for good conduct under paragraph (3) of
21subsection (a) of this Section. The Department shall prescribe
22rules and regulations for suspending or reducing the rate of
23accumulation of sentence credit for specific rule violations,
24during imprisonment. These rules and regulations shall provide
25that no inmate may be penalized more than one year of sentence
26credit for any one infraction.

SB1722 Enrolled- 73 -LRB100 11347 RLC 21730 b
1 When the Department seeks to revoke, suspend or reduce the
2rate of accumulation of any sentence credits for an alleged
3infraction of its rules, it shall bring charges therefor
4against the prisoner sought to be so deprived of sentence
5credits before the Prisoner Review Board as provided in
6subparagraph (a)(4) of Section 3-3-2 of this Code, if the
7amount of credit at issue exceeds 30 days or when during any 12
8month period, the cumulative amount of credit revoked exceeds
930 days except where the infraction is committed or discovered
10within 60 days of scheduled release. In those cases, the
11Department of Corrections may revoke up to 30 days of sentence
12credit. The Board may subsequently approve the revocation of
13additional sentence credit, if the Department seeks to revoke
14sentence credit in excess of 30 days. However, the Board shall
15not be empowered to review the Department's decision with
16respect to the loss of 30 days of sentence credit within any
17calendar year for any prisoner or to increase any penalty
18beyond the length requested by the Department.
19 The Director of the Department of Corrections, in
20appropriate cases, may restore up to 30 days of sentence
21credits which have been revoked, suspended or reduced. Any
22restoration of sentence credits in excess of 30 days shall be
23subject to review by the Prisoner Review Board. However, the
24Board may not restore sentence credit in excess of the amount
25requested by the Director.
26 Nothing contained in this Section shall prohibit the

SB1722 Enrolled- 74 -LRB100 11347 RLC 21730 b
1Prisoner Review Board from ordering, pursuant to Section
23-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
3sentence imposed by the court that was not served due to the
4accumulation of sentence credit.
5 (d) If a lawsuit is filed by a prisoner in an Illinois or
6federal court against the State, the Department of Corrections,
7or the Prisoner Review Board, or against any of their officers
8or employees, and the court makes a specific finding that a
9pleading, motion, or other paper filed by the prisoner is
10frivolous, the Department of Corrections shall conduct a
11hearing to revoke up to 180 days of sentence credit by bringing
12charges against the prisoner sought to be deprived of the
13sentence credits before the Prisoner Review Board as provided
14in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
15prisoner has not accumulated 180 days of sentence credit at the
16time of the finding, then the Prisoner Review Board may revoke
17all sentence credit accumulated by the prisoner.
18 For purposes of this subsection (d):
19 (1) "Frivolous" means that a pleading, motion, or other
20 filing which purports to be a legal document filed by a
21 prisoner in his or her lawsuit meets any or all of the
22 following criteria:
23 (A) it lacks an arguable basis either in law or in
24 fact;
25 (B) it is being presented for any improper purpose,
26 such as to harass or to cause unnecessary delay or

SB1722 Enrolled- 75 -LRB100 11347 RLC 21730 b
1 needless increase in the cost of litigation;
2 (C) the claims, defenses, and other legal
3 contentions therein are not warranted by existing law
4 or by a nonfrivolous argument for the extension,
5 modification, or reversal of existing law or the
6 establishment of new law;
7 (D) the allegations and other factual contentions
8 do not have evidentiary support or, if specifically so
9 identified, are not likely to have evidentiary support
10 after a reasonable opportunity for further
11 investigation or discovery; or
12 (E) the denials of factual contentions are not
13 warranted on the evidence, or if specifically so
14 identified, are not reasonably based on a lack of
15 information or belief.
16 (2) "Lawsuit" means a motion pursuant to Section 116-3
17 of the Code of Criminal Procedure of 1963, a habeas corpus
18 action under Article X of the Code of Civil Procedure or
19 under federal law (28 U.S.C. 2254), a petition for claim
20 under the Court of Claims Act, an action under the federal
21 Civil Rights Act (42 U.S.C. 1983), or a second or
22 subsequent petition for post-conviction relief under
23 Article 122 of the Code of Criminal Procedure of 1963
24 whether filed with or without leave of court or a second or
25 subsequent petition for relief from judgment under Section
26 2-1401 of the Code of Civil Procedure.

SB1722 Enrolled- 76 -LRB100 11347 RLC 21730 b
1 (e) Nothing in Public Act 90-592 or 90-593 affects the
2validity of Public Act 89-404.
3 (f) Whenever the Department is to release any inmate who
4has been convicted of a violation of an order of protection
5under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
6the Criminal Code of 2012, earlier than it otherwise would
7because of a grant of sentence credit, the Department, as a
8condition of release, shall require that the person, upon
9release, be placed under electronic surveillance as provided in
10Section 5-8A-7 of this Code.
11(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
12eff. 1-1-16; 99-642, eff. 7-28-16.)
13 (Text of Section after amendment by P.A. 99-938)
14 Sec. 3-6-3. Rules and regulations for sentence credit.
15 (a)(1) The Department of Corrections shall prescribe rules
16and regulations for awarding and revoking sentence credit for
17persons committed to the Department which shall be subject to
18review by the Prisoner Review Board.
19 (1.5) As otherwise provided by law, sentence credit may be
20awarded for the following:
21 (A) successful completion of programming while in
22 custody of the Department or while in custody prior to
23 sentencing;
24 (B) compliance with the rules and regulations of the
25 Department; or

SB1722 Enrolled- 77 -LRB100 11347 RLC 21730 b
1 (C) service to the institution, service to a community,
2 or service to the State.
3 (2) Except as provided in paragraph (4.7) of this
4subsection (a), the The rules and regulations on sentence
5credit shall provide, with respect to offenses listed in clause
6(i), (ii), or (iii) of this paragraph (2) committed on or after
7June 19, 1998 or with respect to the offense listed in clause
8(iv) of this paragraph (2) committed on or after June 23, 2005
9(the effective date of Public Act 94-71) or with respect to
10offense listed in clause (vi) committed on or after June 1,
112008 (the effective date of Public Act 95-625) or with respect
12to the offense of being an armed habitual criminal committed on
13or after August 2, 2005 (the effective date of Public Act
1494-398) or with respect to the offenses listed in clause (v) of
15this paragraph (2) committed on or after August 13, 2007 (the
16effective date of Public Act 95-134) or with respect to the
17offense of aggravated domestic battery committed on or after
18July 23, 2010 (the effective date of Public Act 96-1224) or
19with respect to the offense of attempt to commit terrorism
20committed on or after January 1, 2013 (the effective date of
21Public Act 97-990), the following:
22 (i) that a prisoner who is serving a term of
23 imprisonment for first degree murder or for the offense of
24 terrorism shall receive no sentence credit and shall serve
25 the entire sentence imposed by the court;
26 (ii) that a prisoner serving a sentence for attempt to

SB1722 Enrolled- 78 -LRB100 11347 RLC 21730 b
1 commit terrorism, attempt to commit first degree murder,
2 solicitation of murder, solicitation of murder for hire,
3 intentional homicide of an unborn child, predatory
4 criminal sexual assault of a child, aggravated criminal
5 sexual assault, criminal sexual assault, aggravated
6 kidnapping, aggravated battery with a firearm as described
7 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
8 (e)(4) of Section 12-3.05, heinous battery as described in
9 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
10 being an armed habitual criminal, aggravated battery of a
11 senior citizen as described in Section 12-4.6 or
12 subdivision (a)(4) of Section 12-3.05, or aggravated
13 battery of a child as described in Section 12-4.3 or
14 subdivision (b)(1) of Section 12-3.05 shall receive no more
15 than 4.5 days of sentence credit for each month of his or
16 her sentence of imprisonment;
17 (iii) that a prisoner serving a sentence for home
18 invasion, armed robbery, aggravated vehicular hijacking,
19 aggravated discharge of a firearm, or armed violence with a
20 category I weapon or category II weapon, when the court has
21 made and entered a finding, pursuant to subsection (c-1) of
22 Section 5-4-1 of this Code, that the conduct leading to
23 conviction for the enumerated offense resulted in great
24 bodily harm to a victim, shall receive no more than 4.5
25 days of sentence credit for each month of his or her
26 sentence of imprisonment;

SB1722 Enrolled- 79 -LRB100 11347 RLC 21730 b
1 (iv) that a prisoner serving a sentence for aggravated
2 discharge of a firearm, whether or not the conduct leading
3 to conviction for the offense resulted in great bodily harm
4 to the victim, shall receive no more than 4.5 days of
5 sentence credit for each month of his or her sentence of
6 imprisonment;
7 (v) that a person serving a sentence for gunrunning,
8 narcotics racketeering, controlled substance trafficking,
9 methamphetamine trafficking, drug-induced homicide,
10 aggravated methamphetamine-related child endangerment,
11 money laundering pursuant to clause (c) (4) or (5) of
12 Section 29B-1 of the Criminal Code of 1961 or the Criminal
13 Code of 2012, or a Class X felony conviction for delivery
14 of a controlled substance, possession of a controlled
15 substance with intent to manufacture or deliver,
16 calculated criminal drug conspiracy, criminal drug
17 conspiracy, street gang criminal drug conspiracy,
18 participation in methamphetamine manufacturing, aggravated
19 participation in methamphetamine manufacturing, delivery
20 of methamphetamine, possession with intent to deliver
21 methamphetamine, aggravated delivery of methamphetamine,
22 aggravated possession with intent to deliver
23 methamphetamine, methamphetamine conspiracy when the
24 substance containing the controlled substance or
25 methamphetamine is 100 grams or more shall receive no more
26 than 7.5 days sentence credit for each month of his or her

SB1722 Enrolled- 80 -LRB100 11347 RLC 21730 b
1 sentence of imprisonment;
2 (vi) that a prisoner serving a sentence for a second or
3 subsequent offense of luring a minor shall receive no more
4 than 4.5 days of sentence credit for each month of his or
5 her sentence of imprisonment; and
6 (vii) that a prisoner serving a sentence for aggravated
7 domestic battery shall receive no more than 4.5 days of
8 sentence credit for each month of his or her sentence of
9 imprisonment.
10 (2.1) For all offenses, other than those enumerated in
11subdivision (a)(2)(i), (ii), or (iii) committed on or after
12June 19, 1998 or subdivision (a)(2)(iv) committed on or after
13June 23, 2005 (the effective date of Public Act 94-71) or
14subdivision (a)(2)(v) committed on or after August 13, 2007
15(the effective date of Public Act 95-134) or subdivision
16(a)(2)(vi) committed on or after June 1, 2008 (the effective
17date of Public Act 95-625) or subdivision (a)(2)(vii) committed
18on or after July 23, 2010 (the effective date of Public Act
1996-1224), and other than the offense of aggravated driving
20under the influence of alcohol, other drug or drugs, or
21intoxicating compound or compounds, or any combination thereof
22as defined in subparagraph (F) of paragraph (1) of subsection
23(d) of Section 11-501 of the Illinois Vehicle Code, and other
24than the offense of aggravated driving under the influence of
25alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof as defined in

SB1722 Enrolled- 81 -LRB100 11347 RLC 21730 b
1subparagraph (C) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code committed on or after
3January 1, 2011 (the effective date of Public Act 96-1230), the
4rules and regulations shall provide that a prisoner who is
5serving a term of imprisonment shall receive one day of
6sentence credit for each day of his or her sentence of
7imprisonment or recommitment under Section 3-3-9. Each day of
8sentence credit shall reduce by one day the prisoner's period
9of imprisonment or recommitment under Section 3-3-9.
10 (2.2) A prisoner serving a term of natural life
11imprisonment or a prisoner who has been sentenced to death
12shall receive no sentence credit.
13 (2.3) 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 driving under the influence of alcohol, other
17drug or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of paragraph
19(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
20Code, shall receive no more than 4.5 days of sentence credit
21for each month of his or her sentence of imprisonment.
22 (2.4) Except as provided in paragraph (4.7) of this
23subsection (a), the The rules and regulations on sentence
24credit shall provide with respect to the offenses of aggravated
25battery with a machine gun or a firearm equipped with any
26device or attachment designed or used for silencing the report

SB1722 Enrolled- 82 -LRB100 11347 RLC 21730 b
1of a firearm or aggravated discharge of a machine gun or a
2firearm equipped with any device or attachment designed or used
3for silencing the report of a firearm, committed on or after
4July 15, 1999 (the effective date of Public Act 91-121), that a
5prisoner serving a sentence for any of these offenses shall
6receive no more than 4.5 days of sentence credit for each month
7of his or her sentence of imprisonment.
8 (2.5) Except as provided in paragraph (4.7) of this
9subsection (a), the The rules and regulations on sentence
10credit shall provide that a prisoner who is serving a sentence
11for aggravated arson committed on or after July 27, 2001 (the
12effective date of Public Act 92-176) shall receive no more than
134.5 days of sentence credit for each month of his or her
14sentence of imprisonment.
15 (2.6) Except as provided in paragraph (4.7) of this
16subsection (a), the The rules and regulations on sentence
17credit shall provide that a prisoner who is serving a sentence
18for aggravated driving under the influence of alcohol, other
19drug or drugs, or intoxicating compound or compounds or any
20combination thereof as defined in subparagraph (C) of paragraph
21(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
22Code committed on or after January 1, 2011 (the effective date
23of Public Act 96-1230) shall receive no more than 4.5 days of
24sentence credit for each month of his or her sentence of
25imprisonment.
26 (3) Except as provided in paragraph (4.7) of this

SB1722 Enrolled- 83 -LRB100 11347 RLC 21730 b
1subsection (a), the The rules and regulations shall also
2provide that the Director may award up to 180 days of earned
3sentence credit for good conduct in specific instances as the
4Director deems proper. The good conduct may include, but is not
5limited to, compliance with the rules and regulations of the
6Department, service to the Department, service to a community,
7or service to the State.
8 Eligible inmates for an award of earned sentence credit
9under this paragraph (3) may be selected to receive the credit
10at the Director's or his or her designee's sole discretion.
11Eligibility for the additional earned sentence credit under
12this paragraph (3) shall be based on, but is not limited to,
13the results of any available risk/needs assessment or other
14relevant assessments or evaluations administered by the
15Department using a validated instrument, the circumstances of
16the crime, any history of conviction for a forcible felony
17enumerated in Section 2-8 of the Criminal Code of 2012, the
18inmate's behavior and disciplinary history while incarcerated,
19and the inmate's commitment to rehabilitation, including
20participation in programming offered by the Department.
21 The Director shall not award sentence credit under this
22paragraph (3) to an inmate unless the inmate has served a
23minimum of 60 days of the sentence; except nothing in this
24paragraph shall be construed to permit the Director to extend
25an inmate's sentence beyond that which was imposed by the
26court. Prior to awarding credit under this paragraph (3), the

SB1722 Enrolled- 84 -LRB100 11347 RLC 21730 b
1Director shall make a written determination that the inmate:
2 (A) is eligible for the earned sentence credit;
3 (B) has served a minimum of 60 days, or as close to 60
4 days as the sentence will allow;
5 (B-1) has received a risk/needs assessment or other
6 relevant evaluation or assessment administered by the
7 Department using a validated instrument; and
8 (C) has met the eligibility criteria established under
9 paragraph (4) of this subsection (a) and by rule for earned
10 sentence credit.
11 The Director shall determine the form and content of the
12written determination required in this subsection.
13 (3.5) The Department shall provide annual written reports
14to the Governor and the General Assembly on the award of earned
15sentence credit no later than February 1 of each year. The
16Department must publish both reports on its website within 48
17hours of transmitting the reports to the Governor and the
18General Assembly. The reports must include:
19 (A) the number of inmates awarded earned sentence
20 credit;
21 (B) the average amount of earned sentence credit
22 awarded;
23 (C) the holding offenses of inmates awarded earned
24 sentence credit; and
25 (D) the number of earned sentence credit revocations.
26 (4) Except as provided in paragraph (4.7) of this

SB1722 Enrolled- 85 -LRB100 11347 RLC 21730 b
1subsection (a), the The rules and regulations shall also
2provide that the sentence credit accumulated and retained under
3paragraph (2.1) of subsection (a) of this Section by any inmate
4during specific periods of time in which such inmate is engaged
5full-time in substance abuse programs, correctional industry
6assignments, educational programs, behavior modification
7programs, life skills courses, or re-entry planning provided by
8the Department under this paragraph (4) and satisfactorily
9completes the assigned program as determined by the standards
10of the Department, shall be multiplied by a factor of 1.25 for
11program participation before August 11, 1993 and 1.50 for
12program participation on or after that date. The rules and
13regulations shall also provide that sentence credit, subject to
14the same offense limits and multiplier provided in this
15paragraph, may be provided to an inmate who was held in
16pre-trial detention prior to his or her current commitment to
17the Department of Corrections and successfully completed a
18full-time, 60-day or longer substance abuse program,
19educational program, behavior modification program, life
20skills course, or re-entry planning provided by the county
21department of corrections or county jail. Calculation of this
22county program credit shall be done at sentencing as provided
23in Section 5-4.5-100 of this Code and shall be included in the
24sentencing order. However, no inmate shall be eligible for the
25additional sentence credit under this paragraph (4) or (4.1) of
26this subsection (a) while assigned to a boot camp or electronic

SB1722 Enrolled- 86 -LRB100 11347 RLC 21730 b
1detention, or if convicted of an offense enumerated in
2subdivision (a)(2)(i), (ii), or (iii) of this Section that is
3committed on or after June 19, 1998 or subdivision (a)(2)(iv)
4of this Section that is committed on or after June 23, 2005
5(the effective date of Public Act 94-71) or subdivision
6(a)(2)(v) of this Section that is committed on or after August
713, 2007 (the effective date of Public Act 95-134) or
8subdivision (a)(2)(vi) when the offense is committed on or
9after June 1, 2008 (the effective date of Public Act 95-625) or
10subdivision (a)(2)(vii) when the offense is committed on or
11after July 23, 2010 (the effective date of Public Act 96-1224),
12or if convicted of aggravated driving under the influence of
13alcohol, other drug or drugs, or intoxicating compound or
14compounds or any combination thereof as defined in subparagraph
15(F) of paragraph (1) of subsection (d) of Section 11-501 of the
16Illinois Vehicle Code, or if convicted of aggravated driving
17under the influence of alcohol, other drug or drugs, or
18intoxicating compound or compounds or any combination thereof
19as defined in subparagraph (C) of paragraph (1) of subsection
20(d) of Section 11-501 of the Illinois Vehicle Code committed on
21or after January 1, 2011 (the effective date of Public Act
2296-1230), or if convicted of an offense enumerated in paragraph
23(a)(2.4) of this Section that is committed on or after July 15,
241999 (the effective date of Public Act 91-121), or first degree
25murder, a Class X felony, criminal sexual assault, felony
26criminal sexual abuse, aggravated criminal sexual abuse,

SB1722 Enrolled- 87 -LRB100 11347 RLC 21730 b
1aggravated battery with a firearm as described in Section
212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
3Section 12-3.05, or any predecessor or successor offenses with
4the same or substantially the same elements, or any inchoate
5offenses relating to the foregoing offenses.
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.

SB1722 Enrolled- 88 -LRB100 11347 RLC 21730 b
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

SB1722 Enrolled- 89 -LRB100 11347 RLC 21730 b
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
5in specific instances if the prisoner is not a good candidate
6for a substance abuse treatment program for medical,
7programming, or operational reasons. Availability of substance
8abuse treatment shall be subject to the limits of fiscal
9resources appropriated by the General Assembly for these
10purposes. If treatment is not available and the requirement to
11participate and complete the treatment has not been waived by
12the Director, the prisoner shall be placed on a waiting list
13under criteria established by the Department. The Director may
14allow a prisoner placed on a waiting list to participate in and
15complete a substance abuse education class or attend substance
16abuse self-help meetings in lieu of a substance abuse treatment
17program. A prisoner on a waiting list who is not placed in a
18substance abuse program prior to release may be eligible for a
19waiver and receive sentence credit under clause (3) of this
20subsection (a) at the discretion of the Director.
21 (4.6) The rules and regulations on sentence credit shall
22also provide that a prisoner who has been convicted of a sex
23offense as defined in Section 2 of the Sex Offender
24Registration Act shall receive no sentence credit unless he or
25she either has successfully completed or is participating in
26sex offender treatment as defined by the Sex Offender

SB1722 Enrolled- 90 -LRB100 11347 RLC 21730 b
1Management Board. However, prisoners who are waiting to receive
2treatment, but who are unable to do so due solely to the lack
3of resources on the part of the Department, may, at the
4Director's sole discretion, be awarded sentence credit at a
5rate as the Director shall determine.
6 (4.7) On or after the effective date of this amendatory Act
7of the 100th General Assembly, sentence credit under paragraph
8(3), (4), or (4.1) of this subsection (a) may be awarded to a
9prisoner who is serving a sentence for an offense described in
10paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
11on or after the effective date of this amendatory Act of the
12100th General Assembly; provided, the award of the credits
13under this paragraph (4.7) shall not reduce the sentence of the
14prisoner to less than the following amounts:
15 (i) 85% of his or her sentence if the prisoner is
16 required to serve 85% of his or her sentence; or
17 (ii) 60% of his or her sentence if the prisoner is
18 required to serve 75% of his or her sentence, except if the
19 prisoner is serving a sentence for gunrunning his or her
20 sentence shall not be reduced to less than 75%.
21 This paragraph (4.7) shall not apply to a prisoner serving
22a sentence for an offense described in subparagraph (i) of
23paragraph (2) of this subsection (a).
24 (5) Whenever the Department is to release any inmate
25earlier than it otherwise would because of a grant of earned
26sentence credit under paragraph (3) of subsection (a) of this

SB1722 Enrolled- 91 -LRB100 11347 RLC 21730 b
1Section given at any time during the term, the Department shall
2give reasonable notice of the impending release not less than
314 days prior to the date of the release to the State's
4Attorney of the county where the prosecution of the inmate took
5place, and if applicable, the State's Attorney of the county
6into which the inmate will be released. The Department must
7also make identification information and a recent photo of the
8inmate being released accessible on the Internet by means of a
9hyperlink labeled "Community Notification of Inmate Early
10Release" on the Department's World Wide Web homepage. The
11identification information shall include the inmate's: name,
12any known alias, date of birth, physical characteristics,
13commitment offense and county where conviction was imposed. The
14identification information shall be placed on the website
15within 3 days of the inmate's release and the information may
16not be removed until either: completion of the first year of
17mandatory supervised release or return of the inmate to custody
18of the Department.
19 (b) Whenever a person is or has been committed under
20several convictions, with separate sentences, the sentences
21shall be construed under Section 5-8-4 in granting and
22forfeiting of sentence credit.
23 (c) The Department shall prescribe rules and regulations
24for revoking sentence credit, including revoking sentence
25credit awarded under paragraph (3) of subsection (a) of this
26Section. The Department shall prescribe rules and regulations

SB1722 Enrolled- 92 -LRB100 11347 RLC 21730 b
1for suspending or reducing the rate of accumulation of sentence
2credit for specific rule violations, during imprisonment.
3These rules and regulations shall provide that no inmate may be
4penalized more than one year of sentence credit for any one
5infraction.
6 When the Department seeks to revoke, suspend or reduce the
7rate of accumulation of any sentence credits for an alleged
8infraction of its rules, it shall bring charges therefor
9against the prisoner sought to be so deprived of sentence
10credits before the Prisoner Review Board as provided in
11subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12amount of credit at issue exceeds 30 days or when during any 12
13month period, the cumulative amount of credit revoked exceeds
1430 days except where the infraction is committed or discovered
15within 60 days of scheduled release. In those cases, the
16Department of Corrections may revoke up to 30 days of sentence
17credit. The Board may subsequently approve the revocation of
18additional sentence credit, if the Department seeks to revoke
19sentence credit in excess of 30 days. However, the Board shall
20not be empowered to review the Department's decision with
21respect to the loss of 30 days of sentence credit within any
22calendar year for any prisoner or to increase any penalty
23beyond the length requested by the Department.
24 The Director of the Department of Corrections, in
25appropriate cases, may restore up to 30 days of sentence
26credits which have been revoked, suspended or reduced. Any

SB1722 Enrolled- 93 -LRB100 11347 RLC 21730 b
1restoration of sentence credits in excess of 30 days shall be
2subject to review by the Prisoner Review Board. However, the
3Board may not restore sentence credit in excess of the amount
4requested by the Director.
5 Nothing contained in this Section shall prohibit the
6Prisoner Review Board from ordering, pursuant to Section
73-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8sentence imposed by the court that was not served due to the
9accumulation of sentence credit.
10 (d) If a lawsuit is filed by a prisoner in an Illinois or
11federal court against the State, the Department of Corrections,
12or the Prisoner Review Board, or against any of their officers
13or employees, and the court makes a specific finding that a
14pleading, motion, or other paper filed by the prisoner is
15frivolous, the Department of Corrections shall conduct a
16hearing to revoke up to 180 days of sentence credit by bringing
17charges against the prisoner sought to be deprived of the
18sentence credits before the Prisoner Review Board as provided
19in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
20prisoner has not accumulated 180 days of sentence credit at the
21time of the finding, then the Prisoner Review Board may revoke
22all sentence credit accumulated by the prisoner.
23 For purposes of this subsection (d):
24 (1) "Frivolous" means that a pleading, motion, or other
25 filing which purports to be a legal document filed by a
26 prisoner in his or her lawsuit meets any or all of the

SB1722 Enrolled- 94 -LRB100 11347 RLC 21730 b
1 following criteria:
2 (A) it lacks an arguable basis either in law or in
3 fact;
4 (B) it is being presented for any improper purpose,
5 such as to harass or to cause unnecessary delay or
6 needless increase in the cost of litigation;
7 (C) the claims, defenses, and other legal
8 contentions therein are not warranted by existing law
9 or by a nonfrivolous argument for the extension,
10 modification, or reversal of existing law or the
11 establishment of new law;
12 (D) the allegations and other factual contentions
13 do not have evidentiary support or, if specifically so
14 identified, are not likely to have evidentiary support
15 after a reasonable opportunity for further
16 investigation or discovery; or
17 (E) the denials of factual contentions are not
18 warranted on the evidence, or if specifically so
19 identified, are not reasonably based on a lack of
20 information or belief.
21 (2) "Lawsuit" means a motion pursuant to Section 116-3
22 of the Code of Criminal Procedure of 1963, a habeas corpus
23 action under Article X of the Code of Civil Procedure or
24 under federal law (28 U.S.C. 2254), a petition for claim
25 under the Court of Claims Act, an action under the federal
26 Civil Rights Act (42 U.S.C. 1983), or a second or

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

SB1722 Enrolled- 96 -LRB100 11347 RLC 21730 b
1 aggravated kidnapping, or first degree murder, and who is
2 thereafter convicted of a Class X felony, criminal sexual
3 assault, or first degree murder, committed after the 2
4 prior convictions, shall be adjudged an habitual criminal.
5 (2) The 2 prior convictions need not have been for the
6 same offense.
7 (3) Any convictions that result from or are connected
8 with the same transaction, or result from offenses
9 committed at the same time, shall be counted for the
10 purposes of this Section as one conviction.
11 (4) This Section does not apply unless each of the
12 following requirements are satisfied:
13 (A) The third offense was committed after July 3,
14 1980.
15 (B) The third offense was committed within 20 years
16 of the date that judgment was entered on the first
17 conviction; provided, however, that time spent in
18 custody shall not be counted.
19 (C) The third offense was committed after
20 conviction on the second offense.
21 (D) The second offense was committed after
22 conviction on the first offense.
23 (5) Anyone who, having attained the age of 18 at the
24 time of the third offense, is adjudged an habitual criminal
25 shall be sentenced to a term of natural life imprisonment.
26 (6) A prior conviction shall not be alleged in the

SB1722 Enrolled- 97 -LRB100 11347 RLC 21730 b
1 indictment, and no evidence or other disclosure of that
2 conviction shall be presented to the court or the jury
3 during the trial of an offense set forth in this Section
4 unless otherwise permitted by the issues properly raised in
5 that trial. After a plea or verdict or finding of guilty
6 and before sentence is imposed, the prosecutor may file
7 with the court a verified written statement signed by the
8 State's Attorney concerning any former conviction of an
9 offense set forth in this Section rendered against the
10 defendant. The court shall then cause the defendant to be
11 brought before it; shall inform the defendant of the
12 allegations of the statement so filed, and of his or her
13 right to a hearing before the court on the issue of that
14 former conviction and of his or her right to counsel at
15 that hearing; and unless the defendant admits such
16 conviction, shall hear and determine the issue, and shall
17 make a written finding thereon. If a sentence has
18 previously been imposed, the court may vacate that sentence
19 and impose a new sentence in accordance with this Section.
20 (7) A duly authenticated copy of the record of any
21 alleged former conviction of an offense set forth in this
22 Section shall be prima facie evidence of that former
23 conviction; and a duly authenticated copy of the record of
24 the defendant's final release or discharge from probation
25 granted, or from sentence and parole supervision (if any)
26 imposed pursuant to that former conviction, shall be prima

SB1722 Enrolled- 98 -LRB100 11347 RLC 21730 b
1 facie evidence of that release or discharge.
2 (8) Any claim that a previous conviction offered by the
3 prosecution is not a former conviction of an offense set
4 forth in this Section because of the existence of any
5 exceptions described in this Section, is waived unless duly
6 raised at the hearing on that conviction, or unless the
7 prosecution's proof shows the existence of the exceptions
8 described in this Section.
9 (9) If the person so convicted shows to the
10 satisfaction of the court before whom that conviction was
11 had that he or she was released from imprisonment, upon
12 either of the sentences upon a pardon granted for the
13 reason that he or she was innocent, that conviction and
14 sentence shall not be considered under this Section.
15 (b) When a defendant, over the age of 21 years, is
16convicted of a Class 1 or Class 2 felony, except for an offense
17listed in subsection (c) of this Section, after having twice
18been convicted in any state or federal court of an offense that
19contains the same elements as an offense now (the date the
20Class 1 or Class 2 felony was committed) classified in Illinois
21as a Class 2 or greater Class felony, except for an offense
22listed in subsection (c) of this Section, and those charges are
23separately brought and tried and arise out of different series
24of acts, that defendant shall be sentenced as a Class X
25offender. This subsection does not apply unless:
26 (1) the first felony was committed after February 1,

SB1722 Enrolled- 99 -LRB100 11347 RLC 21730 b
1 1978 (the effective date of Public Act 80-1099);
2 (2) the second felony was committed after conviction on
3 the first; and
4 (3) the third felony was committed after conviction on
5 the second.
6 (c) Subsection (b) of this Section does not apply to Class
71 or Class 2 felony convictions for a violation of Section 16-1
8of the Criminal Code of 2012.
9 A person sentenced as a Class X offender under this
10subsection (b) is not eligible to apply for treatment as a
11condition of probation as provided by Section 40-10 of the
12Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
13301/40-10).
14(Source: P.A. 99-69, eff. 1-1-16.)
15 (730 ILCS 5/5-4.5-110 new)
16 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
17PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
18 (a) DEFINITIONS. For the purposes of this Section:
19 "Firearm" has the meaning ascribed to it in Section 1.1
20 of the Firearm Owners Identification Card Act.
21 "Qualifying predicate offense" means the following
22 offenses under the Criminal Code of 2012:
23 (A) aggravated unlawful use of a weapon under
24 Section 24-1.6 or similar offense under the Criminal
25 Code of 1961, when the weapon is a firearm;

SB1722 Enrolled- 100 -LRB100 11347 RLC 21730 b
1 (B) unlawful use or possession of a weapon by a
2 felon under Section 24-1.1 or similar offense under the
3 Criminal Code of 1961, when the weapon is a firearm;
4 (C) first degree murder under Section 9-1 or
5 similar offense under the Criminal Code of 1961;
6 (D) attempted first degree murder with a firearm or
7 similar offense under the Criminal Code of 1961;
8 (E) aggravated kidnapping with a firearm under
9 paragraph (6) or (7) of subsection (a) of Section 10-2
10 or similar offense under the Criminal Code of 1961;
11 (F) aggravated battery with a firearm under
12 subsection (e) of Section 12-3.05 or similar offense
13 under the Criminal Code of 1961;
14 (G) aggravated criminal sexual assault under
15 Section 11-1.30 or similar offense under the Criminal
16 Code of 1961;
17 (H) predatory criminal sexual assault of a child
18 under Section 11-1.40 or similar offense under the
19 Criminal Code of 1961;
20 (I) armed robbery under Section 18-2 or similar
21 offense under the Criminal Code of 1961;
22 (J) vehicular hijacking under Section 18-3 or
23 similar offense under the Criminal Code of 1961;
24 (K) aggravated vehicular hijacking under Section
25 18-4 or similar offense under the Criminal Code of
26 1961;

SB1722 Enrolled- 101 -LRB100 11347 RLC 21730 b
1 (L) home invasion with a firearm under paragraph
2 (3), (4), or (5) of subsection (a) of Section 19-6 or
3 similar offense under the Criminal Code of 1961;
4 (M) aggravated discharge of a firearm under
5 Section 24-1.2 or similar offense under the Criminal
6 Code of 1961;
7 (N) aggravated discharge of a machine gun or a
8 firearm equipped with a device designed or used for
9 silencing the report of a firearm under Section
10 24-1.2-5 or similar offense under the Criminal Code of
11 1961;
12 (0) unlawful use of firearm projectiles under
13 Section 24-2.1 or similar offense under the Criminal
14 Code of 1961;
15 (P) manufacture, sale, or transfer of bullets or
16 shells represented to be armor piercing bullets,
17 dragon's breath shotgun shells, bolo shells, or
18 flechette shells under Section 24-2.2 or similar
19 offense under the Criminal Code of 1961;
20 (Q) unlawful sale or delivery of firearms under
21 Section 24-3 or similar offense under the Criminal Code
22 of 1961;
23 (R) unlawful discharge of firearm projectiles
24 under Section 24-3.2 or similar offense under the
25 Criminal Code of 1961;
26 (S) unlawful sale or delivery of firearms on school

SB1722 Enrolled- 102 -LRB100 11347 RLC 21730 b
1 premises of any school under Section 24-3.3 or similar
2 offense under the Criminal Code of 1961;
3 (T) unlawful purchase of a firearm under Section
4 24-3.5 or similar offense under the Criminal Code of
5 1961;
6 (U) use of a stolen firearm in the commission of an
7 offense under Section 24-3.7 or similar offense under
8 the Criminal Code of 1961;
9 (V) possession of a stolen firearm under Section
10 24-3.8 or similar offense under the Criminal Code of
11 1961;
12 (W) aggravated possession of a stolen firearm
13 under Section 24-3.9 or similar offense under the
14 Criminal Code of 1961;
15 (X) gunrunning under Section 24-3A or similar
16 offense under the Criminal Code of 1961;
17 (Y) defacing identification marks of firearms
18 under Section 24-5 or similar offense under the
19 Criminal Code of 1961; and
20 (Z) armed violence under Section 33A-2 or similar
21 offense under the Criminal Code of 1961.
22 (b) APPLICABILITY. For an offense committed on or after the
23effective date of this amendatory Act of the 100th General
24Assembly and before January 1, 2023, when a person is convicted
25of unlawful use or possession of a weapon by a felon, when the
26weapon is a firearm, or aggravated unlawful use of a weapon,

SB1722 Enrolled- 103 -LRB100 11347 RLC 21730 b
1when the weapon is a firearm, after being previously convicted
2of a qualifying predicate offense the person shall be subject
3to the sentencing guidelines under this Section.
4 (c) SENTENCING GUIDELINES.
5 (1) When a person is convicted of unlawful use or
6 possession of a weapon by a felon, when the weapon is a
7 firearm, and that person has been previously convicted of a
8 qualifying predicate offense, the person shall be
9 sentenced to a term of imprisonment within the sentencing
10 range of not less than 7 years and not more than 14 years,
11 unless the court finds that a departure from the sentencing
12 guidelines under this paragraph is warranted under
13 subsection (d) of this Section.
14 (2) When a person is convicted of aggravated unlawful
15 use of a weapon, when the weapon is a firearm, and that
16 person has been previously convicted of a qualifying
17 predicate offense, the person shall be sentenced to a term
18 of imprisonment within the sentencing range of not less
19 than 6 years and not more than 7 years, unless the court
20 finds that a departure from the sentencing guidelines under
21 this paragraph is warranted under subsection (d) of this
22 Section.
23 (3) The sentencing guidelines in paragraphs (1) and (2)
24 of this subsection (c) apply only to offenses committed on
25 and after the effective date of this amendatory Act of the
26 100th General Assembly and before January 1, 2023.

SB1722 Enrolled- 104 -LRB100 11347 RLC 21730 b
1 (d) DEPARTURE FROM SENTENCING GUIDELINES.
2 (1) At the sentencing hearing conducted under Section
3 5-4-1 of this Code, the court may depart from the
4 sentencing guidelines provided in subsection (c) of this
5 Section and impose a sentence otherwise authorized by law
6 for the offense if the court, after considering any factor
7 under paragraph (2) of this subsection (d) relevant to the
8 nature and circumstances of the crime and to the history
9 and character of the defendant, finds on the record
10 substantial and compelling justification that the sentence
11 within the sentencing guidelines would be unduly harsh and
12 that a sentence otherwise authorized by law would be
13 consistent with public safety and does not deprecate the
14 seriousness of the offense.
15 (2) In deciding whether to depart from the sentencing
16 guidelines under this paragraph, the court shall consider:
17 (A) the age, immaturity, or limited mental
18 capacity of the defendant at the time of commission of
19 the qualifying predicate or current offense, including
20 whether the defendant was suffering from a mental or
21 physical condition insufficient to constitute a
22 defense but significantly reduced the defendant's
23 culpability;
24 (B) the nature and circumstances of the qualifying
25 predicate offense;
26 (C) the time elapsed since the qualifying

SB1722 Enrolled- 105 -LRB100 11347 RLC 21730 b
1 predicate offense;
2 (D) the nature and circumstances of the current
3 offense;
4 (E) the defendant's prior criminal history;
5 (F) whether the defendant committed the qualifying
6 predicate or current offense under specific and
7 credible duress, coercion, threat, or compulsion;
8 (G) whether the defendant aided in the
9 apprehension of another felon or testified truthfully
10 on behalf of another prosecution of a felony; and
11 (H) whether departure is in the interest of the
12 person's rehabilitation, including employment or
13 educational or vocational training, after taking into
14 account any past rehabilitation efforts or
15 dispositions of probation or supervision, and the
16 defendant's cooperation or response to rehabilitation.
17 (3) When departing from the sentencing guidelines
18 under this Section, the court shall specify on the record,
19 the particular evidence, information, factor or factors,
20 or other reasons which led to the departure from the
21 sentencing guidelines. When departing from the sentencing
22 range in accordance with this subsection (d), the court
23 shall indicate on the sentencing order which departure
24 factor or factors outlined in paragraph (2) of this
25 subsection (d) led to the sentence imposed. The sentencing
26 order shall be filed with the clerk of the court and shall

SB1722 Enrolled- 106 -LRB100 11347 RLC 21730 b
1 be a public record.
2 (e) This Section is repealed on January 1, 2023.
3 (730 ILCS 5/5-6-3.3)
4 Sec. 5-6-3.3. Offender Initiative Program.
5 (a) Statement of purpose. The General Assembly seeks to
6continue other successful programs that promote public safety,
7conserve valuable resources, and reduce recidivism by
8defendants who can lead productive lives by creating the
9Offender Initiative Program.
10 (a-1) Whenever any person who has not previously been
11convicted of, or placed on probation or conditional discharge
12for, any felony offense under the laws of this State, the laws
13of any other state, or the laws of the United States, is
14arrested for and charged with a probationable felony offense of
15theft, retail theft, forgery, possession of a stolen motor
16vehicle, burglary, possession of burglary tools, deceptive
17practices, disorderly conduct, criminal damage or trespass to
18property under Article 21 of the Criminal Code of 2012,
19criminal trespass to a residence, obstructing justice, or an
20offense involving fraudulent identification, or possession of
21cannabis, possession of a controlled substance, or possession
22of methamphetamine, the court, with the consent of the
23defendant and the State's Attorney, may continue this matter to
24allow a defendant to participate and complete the Offender
25Initiative Program.

SB1722 Enrolled- 107 -LRB100 11347 RLC 21730 b
1 (a-2) Exemptions. A defendant shall not be eligible for
2this Program if the offense he or she has been arrested for and
3charged with is a violent offense. For purposes of this
4Program, a "violent offense" is any offense where bodily harm
5was inflicted or where force was used against any person or
6threatened against any person, any offense involving sexual
7conduct, sexual penetration, or sexual exploitation, any
8offense of domestic violence, domestic battery, violation of an
9order of protection, stalking, hate crime, driving under the
10influence of drugs or alcohol, and any offense involving the
11possession of a firearm or dangerous weapon. A defendant shall
12not be eligible for this Program if he or she has previously
13been adjudicated a delinquent minor for the commission of a
14violent offense as defined in this subsection.
15 (b) When a defendant is placed in the Program, after both
16the defendant and State's Attorney waive preliminary hearing
17pursuant to Section 109-3 of the Code of Criminal Procedure of
181963, the court shall enter an order specifying that the
19proceedings shall be suspended while the defendant is
20participating in a Program of not less 12 months.
21 (c) The conditions of the Program shall be that the
22defendant:
23 (1) not violate any criminal statute of this State or
24 any other jurisdiction;
25 (2) refrain from possessing a firearm or other
26 dangerous weapon;

SB1722 Enrolled- 108 -LRB100 11347 RLC 21730 b
1 (3) make full restitution to the victim or property
2 owner pursuant to Section 5-5-6 of this Code;
3 (4) obtain employment or perform not less than 30 hours
4 of community service, provided community service is
5 available in the county and is funded and approved by the
6 county board; and
7 (5) attend educational courses designed to prepare the
8 defendant for obtaining a high school diploma or to work
9 toward passing high school equivalency testing or to work
10 toward completing a vocational training program.
11 (d) The court may, in addition to other conditions, require
12that the defendant:
13 (1) undergo medical or psychiatric treatment, or
14 treatment or rehabilitation approved by the Illinois
15 Department of Human Services;
16 (2) refrain from having in his or her body the presence
17 of any illicit drug prohibited by the Methamphetamine
18 Control and Community Protection Act, the Cannabis Control
19 Act or the Illinois Controlled Substances Act, unless
20 prescribed by a physician, and submit samples of his or her
21 blood or urine or both for tests to determine the presence
22 of any illicit drug;
23 (3) submit to periodic drug testing at a time, manner,
24 and frequency as ordered by the court;
25 (4) pay fines, fees and costs; and
26 (5) in addition, if a minor:

SB1722 Enrolled- 109 -LRB100 11347 RLC 21730 b
1 (i) reside with his or her parents or in a foster
2 home;
3 (ii) attend school;
4 (iii) attend a non-residential program for youth;
5 or
6 (iv) contribute to his or her own support at home
7 or in a foster home.
8 (e) When the State's Attorney makes a factually specific
9offer of proof that the defendant has failed to successfully
10complete the Program or has violated any of the conditions of
11the Program, the court shall enter an order that the defendant
12has not successfully completed the Program and continue the
13case for arraignment pursuant to Section 113-1 of the Code of
14Criminal Procedure of 1963 for further proceedings as if the
15defendant had not participated in the Program.
16 (f) Upon fulfillment of the terms and conditions of the
17Program, the State's Attorney shall dismiss the case or the
18court shall discharge the person and dismiss the proceedings
19against the person.
20 (g) A person may only have There may be only one discharge
21and dismissal under this Section within a 4-year period with
22respect to any person.
23 (h) Notwithstanding subsection (a-1), if the court finds
24that the defendant suffers from a substance abuse problem, then
25before the person participates in the Program under this
26Section, the court may refer the person to the drug court

SB1722 Enrolled- 110 -LRB100 11347 RLC 21730 b
1established in that judicial circuit pursuant to Section 15 of
2the Drug Court Treatment Act. The drug court team shall
3evaluate the person's likelihood of successfully fulfilling
4the terms and conditions of the Program under this Section and
5shall report the results of its evaluation to the court. If the
6drug court team finds that the person suffers from a substance
7abuse problem that makes him or her substantially unlikely to
8successfully fulfill the terms and conditions of the Program,
9then the drug court shall set forth its findings in the form of
10a written order, and the person shall be ineligible to
11participate in the Program under this Section, but shall may be
12considered for the drug court program.
13(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
14 (730 ILCS 5/5-6-3.4)
15 Sec. 5-6-3.4. Second Chance Probation.
16 (a) Whenever any person who has not previously been
17convicted of, or placed on probation or conditional discharge
18for, any felony offense under the laws of this State, the laws
19of any other state, or the laws of the United States, including
20probation under Section 410 of the Illinois Controlled
21Substances Act, Section 70 of the Methamphetamine Control and
22Community Protection Act, Section 10 of the Cannabis Control
23Act, subsection (c) of Section 11-14 of the Criminal Code of
242012, Treatment Alternatives for Criminal Justice Clients
25(TASC) under Article 40 of the Alcoholism and Other Drug Abuse

SB1722 Enrolled- 111 -LRB100 11347 RLC 21730 b
1and Dependency Act, or prior successful completion of the
2Offender Initiative Program under Section 5-6-3.3 of this Code,
3and pleads guilty to, or is found guilty of, a probationable
4felony offense of possession of less than 15 grams of a
5controlled substance that is punishable as a Class 4 felony;
6possession of less than 15 grams of methamphetamine that is
7punishable as a Class 4 felony; or a probationable felony
8offense of possession of cannabis, theft, retail theft,
9forgery, deceptive practices, possession of a stolen motor
10vehicle, burglary, possession of burglary tools, disorderly
11conduct, criminal damage or trespass to property under Article
1221 of the Criminal Code of 2012, criminal trespass to a
13residence, an offense involving fraudulent identification, or
14obstructing justice; theft that is punishable as a Class 3
15felony based on the value of the property or punishable as a
16Class 4 felony if the theft was committed in a school or place
17of worship or if the theft was of governmental property; retail
18theft that is punishable as a Class 3 felony based on the value
19of the property; criminal damage to property that is punishable
20as a Class 4 felony; criminal damage to government supported
21property that is punishable as a Class 4 felony; or possession
22of cannabis which is punishable as a Class 4 felony, the court,
23with the consent of the defendant and the State's Attorney,
24may, without entering a judgment, sentence the defendant to
25probation under this Section.
26 (a-1) Exemptions. A defendant is not eligible for this

SB1722 Enrolled- 112 -LRB100 11347 RLC 21730 b
1probation if the offense he or she pleads guilty to, or is
2found guilty of, is a violent offense, or he or she has
3previously been convicted of a violent offense. For purposes of
4this probation, a "violent offense" is any offense where bodily
5harm was inflicted or where force was used against any person
6or threatened against any person, any offense involving sexual
7conduct, sexual penetration, or sexual exploitation, any
8offense of domestic violence, domestic battery, violation of an
9order of protection, stalking, hate crime, driving under the
10influence of drugs or alcohol, and any offense involving the
11possession of a firearm or dangerous weapon. A defendant shall
12not be eligible for this probation if he or she has previously
13been adjudicated a delinquent minor for the commission of a
14violent offense as defined in this subsection.
15 (b) When a defendant is placed on probation, the court
16shall enter an order specifying a period of probation of not
17less than 24 months and shall defer further proceedings in the
18case until the conclusion of the period or until the filing of
19a petition alleging violation of a term or condition of
20probation.
21 (c) The conditions of probation shall be that the
22defendant:
23 (1) not violate any criminal statute of this State or
24 any other jurisdiction;
25 (2) refrain from possessing a firearm or other
26 dangerous weapon;

SB1722 Enrolled- 113 -LRB100 11347 RLC 21730 b
1 (3) make full restitution to the victim or property
2 owner under Section 5-5-6 of this Code;
3 (4) obtain or attempt to obtain employment;
4 (5) pay fines and costs;
5 (6) attend educational courses designed to prepare the
6 defendant for obtaining a high school diploma or to work
7 toward passing high school equivalency testing or to work
8 toward completing a vocational training program;
9 (7) submit to periodic drug testing at a time and in a
10 manner as ordered by the court, but no less than 3 times
11 during the period of probation, with the cost of the
12 testing to be paid by the defendant; and
13 (8) perform a minimum of 30 hours of community service.
14 (d) The court may, in addition to other conditions, require
15that the defendant:
16 (1) make a report to and appear in person before or
17 participate with the court or such courts, person, or
18 social service agency as directed by the court in the order
19 of probation;
20 (2) undergo medical or psychiatric treatment, or
21 treatment or rehabilitation approved by the Illinois
22 Department of Human Services;
23 (3) attend or reside in a facility established for the
24 instruction or residence of defendants on probation;
25 (4) support his or her dependents; or
26 (5) refrain from having in his or her body the presence

SB1722 Enrolled- 114 -LRB100 11347 RLC 21730 b
1 of any illicit drug prohibited by the Methamphetamine
2 Control and Community Protection Act, the Cannabis Control
3 Act, or the Illinois Controlled Substances Act, unless
4 prescribed by a physician, and submit samples of his or her
5 blood or urine or both for tests to determine the presence
6 of any illicit drug.
7 (e) Upon violation of a term or condition of probation, the
8court may enter a judgment on its original finding of guilt and
9proceed as otherwise provided by law.
10 (f) Upon fulfillment of the terms and conditions of
11probation, the court shall discharge the person and dismiss the
12proceedings against the person.
13 (g) A disposition of probation is considered to be a
14conviction for the purposes of imposing the conditions of
15probation and for appeal; however, a discharge and dismissal
16under this Section is not a conviction for purposes of this
17Code or for purposes of disqualifications or disabilities
18imposed by law upon conviction of a crime.
19 (h) A person may only have There may be only one discharge
20and dismissal under this Section within a 4-year period ,
21Section 410 of the Illinois Controlled Substances Act, Section
2270 of the Methamphetamine Control and Community Protection Act,
23Section 10 of the Cannabis Control Act, Treatment Alternatives
24for Criminal Justice Clients (TASC) under Article 40 of the
25Alcoholism and Other Drug Abuse and Dependency Act, the
26Offender Initiative Program under Section 5-6-3.3 of this Code,

SB1722 Enrolled- 115 -LRB100 11347 RLC 21730 b
1and subsection (c) of Section 11-14 of the Criminal Code of
22012 with respect to any person.
3 (i) If a person is convicted of any offense which occurred
4within 5 years subsequent to a discharge and dismissal under
5this Section, the discharge and dismissal under this Section
6shall be admissible in the sentencing proceeding for that
7conviction as evidence in aggravation.
8 (j) Notwithstanding subsection (a), if the court finds that
9the defendant suffers from a substance abuse problem, then
10before the person is placed on probation under this Section,
11the court may refer the person to the drug court established in
12that judicial circuit pursuant to Section 15 of the Drug Court
13Treatment Act. The drug court team shall evaluate the person's
14likelihood of successfully fulfilling the terms and conditions
15of probation under this Section and shall report the results of
16its evaluation to the court. If the drug court team finds that
17the person suffers from a substance abuse problem that makes
18him or her substantially unlikely to successfully fulfill the
19terms and conditions of probation under this Section, then the
20drug court shall set forth its findings in the form of a
21written order, and the person shall be ineligible to be placed
22on probation under this Section, but shall may be considered
23for the drug court program.
24(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
25eff. 9-9-15.)

SB1722 Enrolled- 116 -LRB100 11347 RLC 21730 b
1 (730 ILCS 5/5-6-3.6 new)
2 Sec. 5-6-3.6. First Time Weapon Offender Program.
3 (a) The General Assembly has sought to promote public
4safety, reduce recidivism, and conserve valuable resources of
5the criminal justice system through the creation of diversion
6programs for non-violent offenders. This amendatory Act of the
7100th General Assembly establishes a pilot program for
8first-time, non-violent offenders charged with certain weapons
9offenses. The General Assembly recognizes some persons,
10particularly young adults in areas of high crime or poverty,
11may have experienced trauma that contributes to poor decision
12making skills, and the creation of a diversionary program poses
13a greater benefit to the community and the person than
14incarceration. Under this program, a court, with the consent of
15the defendant and the State's Attorney, may sentence a
16defendant charged with an unlawful use of weapons offense under
17Section 24-1 of the Criminal Code of 2012 or aggravated
18unlawful use of a weapon offense under Section 24-1.6 of the
19Criminal Code of 2012, if punishable as a Class 4 felony or
20lower, to a First Time Weapon Offender Program.
21 (b) A defendant is not eligible for this Program if:
22 (1) the offense was committed during the commission of
23 a violent offense as defined in subsection (h) of this
24 Section;
25 (2) he or she has previously been convicted or placed
26 on probation or conditional discharge for any violent

SB1722 Enrolled- 117 -LRB100 11347 RLC 21730 b
1 offense under the laws of this State, the laws of any other
2 state, or the laws of the United States;
3 (3) he or she had a prior successful completion of the
4 First Time Weapon Offender Program under this Section;
5 (4) he or she has previously been adjudicated a
6 delinquent minor for the commission of a violent offense;
7 (5) he or she is 21 years of age or older; or
8 (6) he or she has an existing order of protection
9 issued against him or her.
10 (b-5) In considering whether a defendant shall be sentenced
11to the First Time Weapon Offender Program, the court shall
12consider the following:
13 (1) the age, immaturity, or limited mental capacity of
14 the defendant;
15 (2) the nature and circumstances of the offense;
16 (3) whether participation in the Program is in the
17 interest of the defendant's rehabilitation, including any
18 employment or involvement in community, educational,
19 training, or vocational programs;
20 (4) whether the defendant suffers from trauma, as
21 supported by documentation or evaluation by a licensed
22 professional; and
23 (5) the potential risk to public safety.
24 (c) For an offense committed on or after the effective date
25of this amendatory Act of the 100th General Assembly and before
26January 1, 2023, whenever an eligible person pleads guilty to

SB1722 Enrolled- 118 -LRB100 11347 RLC 21730 b
1an unlawful use of weapons offense under Section 24-1 of the
2Criminal Code of 2012 or aggravated unlawful use of a weapon
3offense under Section 24-1.6 of the Criminal Code of 2012,
4which is punishable as a Class 4 felony or lower, the court,
5with the consent of the defendant and the State's Attorney,
6may, without entering a judgment, sentence the defendant to
7complete the First Time Weapon Offender Program. When a
8defendant is placed in the Program, the court shall defer
9further proceedings in the case until the conclusion of the
10period or until the filing of a petition alleging violation of
11a term or condition of the Program. Upon violation of a term or
12condition of the Program, the court may enter a judgment on its
13original finding of guilt and proceed as otherwise provided by
14law. Upon fulfillment of the terms and conditions of the
15Program, the court shall discharge the person and dismiss the
16proceedings against the person.
17 (d) The Program shall be at least 18 months and not to
18exceed 24 months, as determined by the court at the
19recommendation of the program administrator and the State's
20Attorney.
21 (e) The conditions of the Program shall be that the
22defendant:
23 (1) not violate any criminal statute of this State or
24 any other jurisdiction;
25 (2) refrain from possessing a firearm or other
26 dangerous weapon;

SB1722 Enrolled- 119 -LRB100 11347 RLC 21730 b
1 (3) obtain or attempt to obtain employment;
2 (4) attend educational courses designed to prepare the
3 defendant for obtaining a high school diploma or to work
4 toward passing high school equivalency testing or to work
5 toward completing a vocational training program;
6 (5) refrain from having in his or her body the presence
7 of any illicit drug prohibited by the Methamphetamine
8 Control and Community Protection Act, the Cannabis Control
9 Act, or the Illinois Controlled Substances Act, unless
10 prescribed by a physician, and submit samples of his or her
11 blood or urine or both for tests to determine the presence
12 of any illicit drug;
13 (6) perform a minimum of 50 hours of community service;
14 (7) attend and participate in any Program activities
15 deemed required by the Program administrator, including
16 but not limited to: counseling sessions, in-person and over
17 the phone check-ins, and educational classes; and
18 (8) pay all fines, assessments, fees, and costs.
19 (f) The Program may, in addition to other conditions,
20require that the defendant:
21 (1) wear an ankle bracelet with GPS tracking;
22 (2) undergo medical or psychiatric treatment, or
23 treatment or rehabilitation approved by the Department of
24 Human Services; and
25 (3) attend or reside in a facility established for the
26 instruction or residence of defendants on probation.

SB1722 Enrolled- 120 -LRB100 11347 RLC 21730 b
1 (g) There may be only one discharge and dismissal under
2this Section. If a person is convicted of any offense which
3occurred within 5 years subsequent to a discharge and dismissal
4under this Section, the discharge and dismissal under this
5Section shall be admissible in the sentencing proceeding for
6that conviction as evidence in aggravation.
7 (h) For purposes of this Section, "violent offense" means
8any offense in which bodily harm was inflicted or force was
9used against any person or threatened against any person; any
10offense involving the possession of a firearm or dangerous
11weapon; any offense involving sexual conduct, sexual
12penetration, or sexual exploitation; violation of an order of
13protection, stalking, hate crime, domestic battery, or any
14offense of domestic violence.
15 (i) This Section is repealed on January 1, 2023.
16 (730 ILCS 5/5-8-8)
17 (Section scheduled to be repealed on December 31, 2020)
18 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
19 (a) Creation. There is created under the jurisdiction of
20the Governor the Illinois Sentencing Policy Advisory Council,
21hereinafter referred to as the Council.
22 (b) Purposes and goals. The purpose of the Council is to
23review sentencing policies and practices and examine how these
24policies and practices impact the criminal justice system as a
25whole in the State of Illinois. In carrying out its duties, the

SB1722 Enrolled- 121 -LRB100 11347 RLC 21730 b
1Council shall be mindful of and aim to achieve the purposes of
2sentencing in Illinois, which are set out in Section 1-1-2 of
3this Code:
4 (1) prescribe sanctions proportionate to the
5 seriousness of the offenses and permit the recognition of
6 differences in rehabilitation possibilities among
7 individual offenders;
8 (2) forbid and prevent the commission of offenses;
9 (3) prevent arbitrary or oppressive treatment of
10 persons adjudicated offenders or delinquents; and
11 (4) restore offenders to useful citizenship.
12 (c) Council composition.
13 (1) The Council shall consist of the following members:
14 (A) the President of the Senate, or his or her
15 designee;
16 (B) the Minority Leader of the Senate, or his or
17 her designee;
18 (C) the Speaker of the House, or his or her
19 designee;
20 (D) the Minority Leader of the House, or his or her
21 designee;
22 (E) the Governor, or his or her designee;
23 (F) the Attorney General, or his or her designee;
24 (G) two retired judges, who may have been circuit,
25 appellate, or supreme court judges; retired judges
26 shall be selected by the members of the Council

SB1722 Enrolled- 122 -LRB100 11347 RLC 21730 b
1 designated in clauses (c)(1)(A) through (L);
2 (G-5) (blank);
3 (H) the Cook County State's Attorney, or his or her
4 designee;
5 (I) the Cook County Public Defender, or his or her
6 designee;
7 (J) a State's Attorney not from Cook County,
8 appointed by the State's Attorney's Appellate
9 Prosecutor;
10 (K) the State Appellate Defender, or his or her
11 designee;
12 (L) the Director of the Administrative Office of
13 the Illinois Courts, or his or her designee;
14 (M) a victim of a violent felony or a
15 representative of a crime victims' organization,
16 selected by the members of the Council designated in
17 clauses (c)(1)(A) through (L);
18 (N) a representative of a community-based
19 organization, selected by the members of the Council
20 designated in clauses (c)(1)(A) through (L);
21 (O) a criminal justice academic researcher, to be
22 selected by the members of the Council designated in
23 clauses (c)(1)(A) through (L);
24 (P) a representative of law enforcement from a unit
25 of local government to be selected by the members of
26 the Council designated in clauses (c)(1)(A) through

SB1722 Enrolled- 123 -LRB100 11347 RLC 21730 b
1 (L);
2 (Q) a sheriff selected by the members of the
3 Council designated in clauses (c)(1)(A) through (L);
4 and
5 (R) ex-officio members shall include:
6 (i) the Director of Corrections, or his or her
7 designee;
8 (ii) the Chair of the Prisoner Review Board, or
9 his or her designee;
10 (iii) the Director of the Illinois State
11 Police, or his or her designee; and
12 (iv) the Director of the Illinois Criminal
13 Justice Information Authority, or his or her
14 designee.
15 (1.5) The Chair and Vice Chair shall be elected from
16 among its members by a majority of the members of the
17 Council.
18 (2) Members of the Council who serve because of their
19 public office or position, or those who are designated as
20 members by such officials, shall serve only as long as they
21 hold such office or position.
22 (3) Council members shall serve without compensation
23 but shall be reimbursed for travel and per diem expenses
24 incurred in their work for the Council.
25 (4) The Council may exercise any power, perform any
26 function, take any action, or do anything in furtherance of

SB1722 Enrolled- 124 -LRB100 11347 RLC 21730 b
1 its purposes and goals upon the appointment of a quorum of
2 its members. The term of office of each member of the
3 Council ends on the date of repeal of this amendatory Act
4 of the 96th General Assembly.
5 (d) Duties. The Council shall perform, as resources permit,
6duties including:
7 (1) Collect and analyze information including
8 sentencing data, crime trends, and existing correctional
9 resources to support legislative and executive action
10 affecting the use of correctional resources on the State
11 and local levels.
12 (2) Prepare criminal justice population projections
13 annually, including correctional and community-based
14 supervision populations.
15 (3) Analyze data relevant to proposed sentencing
16 legislation and its effect on current policies or
17 practices, and provide information to support
18 evidence-based sentencing.
19 (4) Ensure that adequate resources and facilities are
20 available for carrying out sentences imposed on offenders
21 and that rational priorities are established for the use of
22 those resources. To do so, the Council shall prepare
23 criminal justice resource statements, identifying the
24 fiscal and practical effects of proposed criminal
25 sentencing legislation, including, but not limited to, the
26 correctional population, court processes, and county or

SB1722 Enrolled- 125 -LRB100 11347 RLC 21730 b
1 local government resources.
2 (4.5) Study and conduct a thorough analysis of
3 sentencing under Section 5-4.5-110 of this Code. The
4 Sentencing Policy Advisory Council shall provide annual
5 reports to the Governor and General Assembly, including the
6 total number of persons sentenced under Section 5-4.5-110
7 of this Code, the total number of departures from sentences
8 under Section 5-4.5-110 of this Code, and an analysis of
9 trends in sentencing and departures. On or before December
10 31, 2022, the Sentencing Policy Advisory Council shall
11 provide a report to the Governor and General Assembly on
12 the effectiveness of sentencing under Section 5-4.5-110 of
13 this Code, including recommendations on whether sentencing
14 under Section 5-4.5-110 of this Code should be adjusted or
15 continued.
16 (5) Perform such other studies or tasks pertaining to
17 sentencing policies as may be requested by the Governor or
18 the Illinois General Assembly.
19 (6) Perform such other functions as may be required by
20 law or as are necessary to carry out the purposes and goals
21 of the Council prescribed in subsection (b).
22 (7) Publish a report on the trends in sentencing for
23 offenders described in subsection (b-1) of Section 5-4-1 of
24 this Code, the impact of the trends on the prison and
25 probation populations, and any changes in the racial
26 composition of the prison and probation populations that

SB1722 Enrolled- 126 -LRB100 11347 RLC 21730 b
1 can be attributed to the changes made by adding subsection
2 (b-1) of Section 5-4-1 to this Code by Public Act 99-861
3 this amendatory Act of the 99th General Assembly.
4 (e) Authority.
5 (1) The Council shall have the power to perform the
6 functions necessary to carry out its duties, purposes and
7 goals under this Act. In so doing, the Council shall
8 utilize information and analysis developed by the Illinois
9 Criminal Justice Information Authority, the Administrative
10 Office of the Illinois Courts, and the Illinois Department
11 of Corrections.
12 (2) Upon request from the Council, each executive
13 agency and department of State and local government shall
14 provide information and records to the Council in the
15 execution of its duties.
16 (f) Report. The Council shall report in writing annually to
17the General Assembly, the Illinois Supreme Court, and the
18Governor.
19 (g) This Section is repealed on December 31, 2020.
20(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
2199-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
22 Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

SB1722 Enrolled- 127 -LRB100 11347 RLC 21730 b