HB 976 — CD CORR-PROST HLTH REFERRAL

*LRB09408689RXD38900b* HB0976 94THEngrossed GENERALLRB094 ASSEMBLY08689 StateRXD of38900 Illinoisb andAN 2006ACT HB0976in Introducedrelation 2/3/2005,to bycriminal Rep.law.

Wyvetter H.

Younge SYNOPSIS AS INTRODUCED:

ILCS 5/5-5-3 from Ch.

38, par.

1005-5-3 Amends the Unified Code of Corrections.

Provides that a person convicted of or placed on supervision for prostitution shall be referred to a community based behavioral health continuum or care facility for addiction evaluation and treatment.

LRB094 08689 RXD 38900 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0976 LRB094 08689 RXD 38900 b AN ACT in relation to criminal law.

(10) AnSubject to appropriations, an order directing the offender to seek social HB0976 Engrossed - 2 - LRB094 08689 RXD 38900 b offender to seek social service counseling, proper medical screening, and treatment in addition to other remedies set forth in this Section, if the offender was convicted under Section 11-14 or 11-18 of the Criminal Code of 1961.

HB0976 Engrossed - 3 - LRB094 08689 RXD 38900 b (G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.

(R) A violation of Section 24-3A of the Criminal HB0976 Engrossed - 4 - LRB094 08689 RXD 38900 b Code of 1961.

HB0976 Engrossed - 5 - LRB094 08689 RXD 38900 b (A) a period of conditional discharge;

(8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having HB0976 Engrossed - 6 - LRB094 08689 RXD 38900 b twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender.

(12) (11) A person may not receive a disposition of HB0976 Engrossed - 7 - LRB094 08689 RXD 38900 b court supervision for a violation of Section 5-16 of the Boat Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.

HB0976 Engrossed - 8 - LRB094 08689 RXD 38900 b (ii) restricted contact with the victim;

(f-5) ASubject to appropriations, a person convicted of prostitution under Section 11-14 of the Criminal Code of 1961 shall be referred to a community based behavioral health continuum or care facility for addiction evaluation and treatment which may include, but is not limited to, clinical mentally ill substance abuse screening, stress management, psychosocial rehabilitation, parenting classes, employment skills training, and family reunification activities.

HB0976 Engrossed - 9 - LRB094 08689 RXD 38900 b (g) Whenever a defendant is convicted of an offense under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS).

The court shall order that the cost of any such test shall be paid by the county and may be HB0976 Engrossed - 10 - LRB094 08689 RXD 38900 b taxed as costs against the convicted defendant.

A State’s Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of HB0976 Engrossed - 11 - LRB094 08689 RXD 38900 b the Criminal Code of 1961 against the defendant.

(j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a HB0976 Engrossed - 12 - LRB094 08689 RXD 38900 b misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections.

(l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any HB0976 Engrossed - 13 - LRB094 08689 RXD 38900 b felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State’s Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:

Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence HB0976 Engrossed - 14 - LRB094 08689 RXD 38900 b that was available under Section 5-5-3 at the time of initial sentencing.