SB3164 Summary

• Creates requirement that defendants convicted of Class 3 or Class 4 felonies with available probation or conditional discharge sentences cannot be imprisoned without judicial review of presentence reports and written explanation of why probation is inappropriate, unless defendant has prior probation/conditional discharge sentence or violent crime conviction.

• Adds new duty to Illinois Sentencing Policy Advisory Council to publish annual reports on sentencing trends for Class 3 and 4 felony defendants, including impacts on prison and probation populations and changes in racial composition attributable to this law.

• Requires courts to consider substance abuse treatment eligibility screening and assessments during sentencing hearings and to inquire whether defendants are current military service members or veterans with diagnosed mental illness for potential treatment referrals.

• Expands victim impact statement rights in sentencing hearings to include qualified individuals affected by drug manufacturing or distribution offenses and certain Class 4 felonies involving weapons or violence.

• Clarifies that judges must specify on record the particular evidence and reasons supporting findings that motor vehicles were used in offense commissions.