Criminal Justice (Sentencing)

Amends the Unified Code of Corrections. Restores the general recidivism provisions of the Code before the effective date of Public Act 101-652. Provides that the third-time offender provisions resulting in a sentence of natural life imprisonment apply when the defendant has attained the age of 18 at the time of the third offense (rather than 21 years of age or older when the first offense was committed). In the provision that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender, provides that the 3 offenses may be felonies rather than forcible felonies. Provides that the Class X sentencing provision does not apply to Class 1 or Class 2 felony convictions for theft.

Amends the Unified Code of Corrections. Restores provisions regarding sentencing guidelines for individuals with prior felony firearm-related or other specified convictions that were repealed on January 1, 2004. Applies to offenses committed on or after the effective date of the amendatory Act. Eliminates sunset provision. Amends the Criminal Code of 2012 to make conforming changes.

Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person, and: (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.

Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.

Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.

Amends the Illinois Controlled Substances Act. Changes from 3 years to 5 years the added sentence for the knowing manufacture or delivery, or possession with intent to manufacture or deliver a controlled substance when the substance containing the controlled substance contains any amount of fentanyl. Provides that excluding violations of the Act when the controlled substance is fentanyl, for any person sentenced to a term of imprisonment with respect to violations of the knowing possession of a controlled substance, when the substance containing the controlled substance contains any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.

Amends the Code of Criminal Procedure of 1963. Provides that if within the court's discretion, no condition or combination of conditions of pretrial release can materially mitigate (rather than mitigate) (i) the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, for offenses listed in the denial of pretrial release provisions of the Code, or (ii) the defendant's willful flight for specified offenses listed in the denial of pretrial release provisions. Amends the Unified Code of Corrections. Deletes a provision providing that home detention for purposes of credit for time served in custody includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Deletes a provision providing that electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit.

Amends the Electronic Monitoring and Home Detention Article of the Unified Code of Corrections. Deletes language providing that confinement need not be 24 hours per day to qualify as home detention and significant restrictions on liberty such as 7 p.m. to 7 a.m. curfews shall qualify. Also deletes language providing that home confinement may or may not be accompanied by electronic monitoring and electronic monitoring is not required for purposes of sentencing credit.

Amends the Code of Criminal Procedure of 1963. Provides that no condition or combination of conditions of pretrial release can materially mitigate (rather than mitigate) (i) the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, for offenses listed in the denial of pretrial release provisions of the Code, or (ii) the defendant's willful flight for specified offenses listed in the denial of pretrial release provisions. Amends the Unified Code of Corrections. Deletes a provision providing that home detention for purposes of credit for time served in custody includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Deletes a provision providing that electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit.

Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.