(730 ILCS 5/Ch. V heading)
(730 ILCS 5/Ch. V Art. 1 heading)
(730 ILCS 5/5-1-1) (from Ch. 38, par. 1005-1-1)
Sec. 5-1-1.
Meanings of Words and Phrases.
For the purposes of this Chapter, the words and phrases described in
this Article have the meanings designated in this Article, except when a
particular context clearly requires a different meaning.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-1.1)
Sec. 5-1-1.1. Aftercare release. "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the Department of Juvenile Justice.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2)
Sec. 5-1-2.
Business Offense.
"Business Offense" means a petty offense for which the fine is in excess
of $1,000.
(Source: P.A. 90-384, eff. 1-1-98.)
(730 ILCS 5/5-1-3) (from Ch. 38, par. 1005-1-3)
Sec. 5-1-3.
Charge.
"Charge" means a written statement presented to a court accusing a
person of the commission of an offense and includes complaint, information
and indictment.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-3.5)
Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3-3-7, paragraph (10) of subsection (a) of Section 5-6-3, and paragraph (18) of subsection (c) of Section 5-6-3.1 only has the meaning ascribed to it in subsection (a-5) of Section 3-1-2 of this Code.
(Source: P.A. 94-159, eff. 7-11-05.)
(730 ILCS 5/5-1-4) (from Ch. 38, par. 1005-1-4)
Sec. 5-1-4.
Conditional discharge.
"Conditional Discharge" means a sentence or disposition of conditional
and revocable release without probationary supervision but under such
conditions as may be imposed by the court.
(Source: P.A. 78-1297.)
(730 ILCS 5/5-1-5) (from Ch. 38, par. 1005-1-5)
Sec. 5-1-5.
Conviction.
"Conviction" means a judgment of conviction or sentence entered upon a
plea of guilty or upon a verdict or finding of guilty of an offense,
rendered by a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-6) (from Ch. 38, par. 1005-1-6)
Sec. 5-1-6.
Court.
"Court" means a circuit court of Illinois and includes a judge thereof.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-7) (from Ch. 38, par. 1005-1-7)
Sec. 5-1-7.
Defendant.
"Defendant" means a person charged with an offense.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)
Sec. 5-1-8. Defendant in need of mental treatment. "Defendant in need of mental treatment" means any defendant afflicted
with a mental disorder, not including a person with an intellectual disability, if
that defendant, as a result of such mental disorder, is reasonably expected
at the time of determination or within a reasonable time thereafter to
intentionally or unintentionally physically injure himself or other
persons, or is unable to care for himself so as to guard himself from
physical injury or to provide for his own physical needs.
(Source: P.A. 99-143, eff. 7-27-15.)
(730 ILCS 5/5-1-8.5)
Sec. 5-1-8.5. Computer scrub software. "Computer scrub software" has the meaning ascribed to it in subsection (c-5) of Section 3-1-2 of this Code.
(Source: P.A. 96-362, eff. 1-1-10.)
(730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
Sec. 5-1-9.
Felony.
"Felony" means an offense for which a sentence to death or to a term of
imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)
Sec. 5-1-10. Imprisonment. "Imprisonment" means incarceration in a correctional institution under a
sentence of imprisonment and does not include "periodic imprisonment" under
Article 7. "Imprisonment" also includes electronic monitoring or home detention served by an offender after (i) the offender has been committed to the custody of the sheriff to serve the sentence and (ii) the sheriff has placed the offender in an electronic monitoring or home detention program in accordance with Article 8A of Chapter V of this Code.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11)
Sec. 5-1-11.
Insanity.
"Insanity" means the lack of a substantial capacity to appreciate
the criminality of one's conduct as a result of mental disorder or mental
defect.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
(730 ILCS 5/5-1-12) (from Ch. 38, par. 1005-1-12)
Sec. 5-1-12.
Judgment.
"Judgment" means an adjudication by the court that the defendant is
guilty or not guilty, and if the adjudication is that the defendant is
guilty, it includes the sentence pronounced by the court.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
Sec. 5-1-13. Intellectual disability. "Intellectual disability" means sub-average general
intellectual functioning generally originating during the developmental
period and associated with impairment in adaptive behavior reflected in
delayed maturation or reduced learning ability or inadequate social
adjustment.
(Source: P.A. 99-143, eff. 7-27-15.)
(730 ILCS 5/5-1-14) (from Ch. 38, par. 1005-1-14)
Sec. 5-1-14.
Misdemeanor.
"Misdemeanor" means any offense for which a sentence to a term of
imprisonment in other than a penitentiary for less than one year may be
imposed.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-15) (from Ch. 38, par. 1005-1-15)
Sec. 5-1-15.
Offense.
"Offense" means conduct for which a sentence to a term of imprisonment
or to a fine is provided by any law of this State or by any law, local law
or ordinance of a political subdivision of this State, or by any order,
rule or regulation of any governmental instrumentality authorized by law to
adopt the same.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-16) (from Ch. 38, par. 1005-1-16)
Sec. 5-1-16. Parole.
"Parole" means the conditional and revocable release of a person committed to the Department of Corrections
under the supervision of a parole officer.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 5/5-1-17) (from Ch. 38, par. 1005-1-17)
Sec. 5-1-17. Petty Offense.
"Petty offense" means any offense for which a sentence of imprisonment is not an authorized disposition.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-1-18) (from Ch. 38, par. 1005-1-18)
Sec. 5-1-18.
Probation.
"Probation" means a sentence or disposition of conditional and revocable
release under the supervision of a probation officer.
(Source: P.A. 78-939.)
(730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1)
Sec. 5-1-18.1.
"Public or community service" means uncompensated labor
for a non-profit organization or public body whose purpose is to enhance
physical or mental stability, environmental quality or the social welfare
and which agrees to accept public or community service from offenders and
to report on the progress of the public or community service to the court. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Chapter, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
(Source: P.A. 98-824, eff. 1-1-15.)
(730 ILCS 5/5-1-18.2) (from Ch. 38, par. 1005-1-18.2)
Sec. 5-1-18.2.
"Site" means non-profit organization or public body agreeing
to accept community service from offenders and to report on the progress of
ordered public or community service to the court or its delegate.
(Source: P.A. 85-449.)
(730 ILCS 5/5-1-19) (from Ch. 38, par. 1005-1-19)
Sec. 5-1-19.
Sentence.
"Sentence" is the disposition imposed by the court on a convicted
defendant.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-20) (from Ch. 38, par. 1005-1-20)
Sec. 5-1-20.
State.
"State" or "this State" means the State of Illinois.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-1-21) (from Ch. 38, par. 1005-1-21)
Sec. 5-1-21.
Supervision.) "Supervision" means a disposition of conditional
and revocable release without probationary supervision, but under such conditions
and reporting requirements as are imposed by the court, at the successful
conclusion of which disposition the defendant is discharged and a judgment
dismissing the charges is entered.
(Source: P.A. 79-1334.)
(730 ILCS 5/5-1-22) (from Ch. 38, par. 1005-1-22)
Sec. 5-1-22.
Victim.
"Victim" shall have the meaning ascribed to
the term "crime victim" in subsection (a) of Section 3 of the Rights of Crime
Victims and Witnesses
Act.
(Source: P.A. 92-651, eff. 7-11-02.)
(730 ILCS 5/Ch. V Art. 2 heading)
(730 ILCS 5/5-2-3) (from Ch. 38, par. 1005-2-3)
Sec. 5-2-3.
(Repealed).
(Source: Repealed by P.A. 88-350.)
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of insanity.
(a) After a finding or verdict of not guilty by reason of insanity
under Sections 104-25, 115-3, or 115-4 of the Code of Criminal Procedure
of 1963, the defendant shall be ordered to the Department of Human Services for
an evaluation as to
whether he is in need of mental health
services. The order
shall specify whether the evaluation shall be conducted on an inpatient or
outpatient basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting. With the court order for evaluation shall be sent a copy of the arrest report, criminal charges, arrest record, jail record, any report prepared under Section 115-6 of the Code of Criminal Procedure of 1963, and any statement prepared under Section 6 of the Rights of Crime Victims and Witnesses Act. The clerk of the circuit court shall transmit this information to the Department within 5 days. If the court orders that the evaluation be done on an inpatient basis, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. During
the period of time required to
determine the appropriate placement, the defendant shall
remain in jail. If, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall contact a designated person within the Department to inquire about when a placement will become available at the designated facility and bed availability at other facilities. If, within
20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department
fails to notify the sheriff of the identity of the facility to
which the defendant shall be transported, the sheriff shall
notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the placement evaluation and availability for admission to the facility operated by the Department by contacting a designated person within the Department. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the placement evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility.
Individualized placement evaluations by the Department of Human Services determine the most appropriate setting for forensic treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender, and proximity to family.
The Department shall provide the Court with a report of its evaluation
within 30 days of the date of this order. The Court shall hold a hearing
as provided under the Mental Health and Developmental Disabilities Code to
determine if the individual is:
(a)
in need of mental health services on an inpatient basis; (b) in
need of
mental health services on an outpatient basis; (c) a person not in
need of
mental health services. The court shall afford the victim the opportunity to make a written or oral statement as guaranteed by Article I, Section 8.1 of the Illinois Constitution and Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. The court shall consider any statement presented along with all other appropriate factors in determining the sentence of the defendant or disposition of the juvenile. All statements shall become part of the record of the court.
If the defendant is found to be in
need
of mental health services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services.
The defendant shall be placed in a secure setting. Such
defendants placed in a secure setting shall not be permitted outside the
facility's housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the Court for
unsupervised
on-grounds privileges as provided
herein.
Any defendant placed in a secure setting pursuant to this Section,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, shall be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
If the defendant is found to be in need of mental health services,
but not on an inpatient care basis, the Court shall conditionally release
the defendant, under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress and participation
in treatment or
rehabilitation and the safety of the defendant, the victim, the victim's family members, and others. If the
Court
finds the person not in need of mental health services, then the Court
shall order the defendant discharged from custody.
(a-1) Definitions. For the purposes of this Section:
(b) If the Court finds the defendant in need of mental health services on an
inpatient basis, the
admission, detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and treatment plans, and
discharge of the defendant after such order shall be under the
Mental Health and Developmental Disabilities Code, except that the
initial order for admission of a defendant acquitted of a felony by
reason of insanity shall be for an indefinite period of time. Such period
of commitment shall not exceed the maximum
length of time that the defendant would have been required to serve,
less credit for good behavior as provided in Section 5-4-1 of the Unified
Code of Corrections, before becoming eligible for
release had
he been convicted of and received the maximum sentence for the most
serious crime for which he has been acquitted by reason of insanity. The
Court shall determine the maximum period of commitment by an appropriate
order. During this period of time, the defendant shall not be permitted
to be in the community in any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the Department of Human
Services, unsupervised on-grounds privileges,
discharge or conditional or temporary release, except by a plan as provided in
this Section. In no event shall a defendant's continued unauthorized
absence be a basis for discharge. Not more than 30 days after admission
and every 90 days thereafter so long as the initial order
remains in effect, the facility director shall file a treatment plan report
in writing with the court
and forward a copy of the treatment plan report to the clerk of the
court, the State's Attorney, and the defendant's attorney, if the defendant is
represented by counsel,
or to a person authorized by
the defendant under the
Mental Health and Developmental Disabilities Confidentiality Act to be sent a
copy of the report. The report shall include an opinion
as to whether the
defendant is currently in need of mental
health services on an inpatient basis or in need of mental health services
on
an outpatient basis. The report shall also summarize the basis for those
findings and provide a current summary of the following items from the
treatment plan: (1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the goals of each
type of element of service, (4) an anticipated timetable for the accomplishment
of the goals, and (5) a designation of the qualified professional responsible
for the implementation of the plan.
The report may also include unsupervised on-grounds
privileges, off-grounds privileges (with or without escort by personnel of the
Department of Human Services), home visits and
participation in work
programs, but only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure the defendant's
satisfactory progress in treatment and the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of insanity and
subsequently found to be in need of
mental health services shall be represented by counsel in all proceedings under
this Section and under the Mental Health and Developmental Disabilities Code.
(d) When the facility director determines that:
A crime victim shall be allowed to present an oral and written statement. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements shall become part of the record of the court.
Upon finding by the Court, the Court shall enter its findings and such
appropriate order as provided in subsections (a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any person on
his behalf, may file a petition for treatment plan review
or discharge or conditional release under the
standards of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or conditional release, the Court shall set a hearing to
be held within 120 days. Thereafter, no new petition
may be filed for 180 days
without leave of the Court.
(f) The Court shall direct that notice of the time and place of the
hearing be served upon the defendant, the facility director, the State's
Attorney, and the defendant's attorney. If requested by either the State or the
defense or if the Court feels it is appropriate, an impartial examination
of the defendant by a psychiatrist or clinical psychologist as defined in
Section 1-103 of the Mental Health and Developmental Disabilities Code who
is not in the employ of the Department of Human Services shall be ordered, and
the report considered at
the time of the hearing.
(g) The findings of the Court shall be established by clear and
convincing evidence. The burden of proof and the burden of going forth
with the evidence rest with the defendant or any person on the defendant's
behalf when a hearing is held to review
a petition filed by or on
behalf of the defendant. The evidence shall be presented in open
Court
with the right of confrontation and cross-examination.
Such evidence may include, but is not limited to:
(h) Before the court orders that the defendant be discharged or
conditionally released, it shall order the facility director to establish a
discharge plan that includes a plan for the defendant's shelter, support, and
medication. If appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication under standards
established by the Department of Human Services.
If the Court finds, consistent with the provisions of this Section,
that the defendant is no longer in need of mental
health services it shall order the facility director to discharge the
defendant. If the Court finds, consistent with the provisions of this
Section, that the defendant is in need of mental
health services, and no longer in need of inpatient care, it shall order
the facility director to release the defendant under such conditions as the
Court deems appropriate and as provided by this Section. Such conditional
release shall be imposed for a period of 5 years as provided in
paragraph
(D) of subsection (a-1) and shall be
subject
to later modification by the Court as provided by this Section. If the
Court finds consistent with the provisions in this Section that the
defendant is in
need of mental health services on an inpatient basis, it shall order the
facility director not to discharge or release the defendant in accordance
with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional release
the State's Attorney determines that the defendant has not fulfilled the
conditions of his or her release, the State's Attorney may petition the
Court
to
revoke or modify the conditional release of the defendant. Upon the filing of
such petition the defendant may be remanded to the custody of the Department,
or to any other mental health facility designated by the Department, pending
the resolution of the petition. Nothing in this Section shall prevent the
emergency admission of a defendant pursuant to Article VI of Chapter III of the
Mental Health
and Developmental Disabilities Code or the voluntary admission of the defendant
pursuant to Article IV of Chapter III of the Mental Health and Developmental
Disabilities
Code. If
the Court determines, after hearing evidence, that the defendant has
not fulfilled the conditions of release, the Court shall order a hearing
to be held consistent with the provisions of paragraph (f) and (g) of this
Section. At such hearing, if the Court finds that the defendant is in need of mental health services on an inpatient
basis, it shall enter an order remanding him or her to the Department of
Human Services or other
facility. If the defendant is remanded to the Department of Human Services, he
or she shall be placed in
a secure setting unless the Court
determines that there are compelling reasons that such placement is not
necessary. If the
Court finds that the defendant continues to be in need of mental health
services but not on an inpatient basis, it may modify the conditions of
the original release in order to reasonably assure the defendant's satisfactory
progress in treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of subsection (a-1). Nothing in
this Section shall limit a Court's contempt powers or any other powers of a
Court.
(j) An order of admission under this Section does not affect the
remedy of habeas corpus.
(k) In the event of a conflict between this Section and the Mental Health
and Developmental Disabilities Code or the Mental Health and Developmental
Disabilities Confidentiality Act, the provisions of this Section shall govern.
(l) Public Act 90-593 shall apply to all persons who have been found
not guilty by reason of insanity and who are presently committed to the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services).
(m)
The Clerk of the Court shall transmit a certified copy of the order of
discharge or conditional release to the Department of Human Services, to the sheriff of the county from which the defendant was admitted, to the Illinois State Police, to
the proper law enforcement agency for the municipality
where the offense took
place, and to the sheriff of the county into which the defendant is
conditionally discharged. The Illinois State Police shall
maintain a
centralized record of discharged or conditionally released defendants while
they are under court supervision for access and use of appropriate law
enforcement agencies.
(n) The provisions in this Section which allow a crime victim to make a written and oral statement do not apply if the defendant was under 18 years of age at the time the offense was committed.
(o) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision does not affect any other provision or application of this Section that can be given effect without the invalid provision or application.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
(730 ILCS 5/5-2-5) (from Ch. 38, par. 1005-2-5)
Sec. 5-2-5.
In any issue of determination of fitness of a defendant to
plead, to stand trial, to be sentenced or to be executed, or in any issue
related to insanity or to mental illness, a clinical psychologist
as defined in paragraph (a) of Section 102-21 of the Code of Criminal Procedure
of 1963 shall be deemed
qualified to testify as an expert witness in the form of his opinion about
the issue of fitness or insanity or mental illness and shall not be
restricted to testifying with regard to test results only.
(Source: P.A. 82-553.)
(730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)
Sec. 5-2-6. Sentencing and treatment of defendant found guilty but mentally
ill.
(a) After a plea or verdict of guilty but mentally ill under Section
115-2, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the court
shall order a presentence investigation and report pursuant to Sections
5-3-1 and 5-3-2 of this Act, and shall set a date for a sentencing hearing.
The court may impose any sentence upon the defendant which could
be imposed pursuant to law upon a defendant who had been convicted of the
same offense without a finding of mental illness.
(b) If the court imposes a sentence of imprisonment upon a defendant who
has been found guilty but mentally ill, the defendant shall be committed
to the Department of Corrections, which shall cause periodic inquiry and
examination to be made concerning the nature, extent, continuance, and
treatment of the defendant's mental illness. The Department of Corrections
shall
provide such psychiatric, psychological, or other counseling and
treatment for the defendant as it determines necessary.
(c) The Department of Corrections may transfer the defendant's custody
to the Department of Human Services in accordance with the provisions of Section 3-8-5 of this Act.
(d) (1) The Department of Human Services shall return to the Department of Corrections any
person committed to it
pursuant to this Section whose sentence has not expired and whom the Department
of Human Services deems no
longer requires
hospitalization for mental treatment, an intellectual disability, or a substance use disorder as defined in Section 1-10 of the Substance Use Disorder Act.
(2) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence
of any person transferred to the Department of Human Services under this Section. If the Department
of Human Services
determines that any such person
requires further hospitalization, it shall file an appropriate petition for
involuntary commitment pursuant to the Mental Health and Developmental
Disabilities Code.
(e) (1) All persons found guilty but mentally ill, whether by plea or
by verdict, who are placed on probation or sentenced to a term of periodic
imprisonment or a period of conditional discharge shall be required to submit
to a course of mental treatment prescribed by the sentencing court.
(2) The course of treatment prescribed by the court shall reasonably assure
the defendant's satisfactory progress in treatment or habilitation and for
the safety of the defendant and others. The court shall consider terms,
conditions and supervision which may include, but need not be limited to,
notification and discharge of the person to the custody of his family,
community adjustment programs, periodic checks with legal authorities and
outpatient
care and utilization of local mental health or developmental disabilities
facilities.
(3) Failure to continue treatment, except by agreement with the treating
person or agency and the court, shall be a basis for the institution of
probation revocation proceedings.
(4) The period of probation shall be in accordance with Article 4.5 of Chapter V of this Code
and shall not be shortened without receipt and consideration of
such psychiatric or psychological report or
reports as the court may require.
(Source: P.A. 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/Ch. V Art. 3 heading)
(730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
Sec. 5-3-1. Presentence Investigation. A defendant shall not
be sentenced for a felony before a written presentence report
of investigation is presented to and considered by the court.
However, other than for felony sex offenders being considered for probation, the court need not order a presentence report
of
investigation where both parties agree to the imposition of
a specific sentence, provided there is a finding made for the
record as to the defendant's history of delinquency or criminality,
including any previous sentence to a term of probation, periodic
imprisonment, conditional discharge, or imprisonment.
The court may order a presentence investigation of any defendant.
(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence
report shall set forth:
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made, it
shall issue an order that the defendant submit to examination at
such time and place as designated by the court and that such
examination be conducted by a physician, psychologist or
psychiatrist designated by the court. Such an examination may
be conducted in a court clinic if so ordered by the court. The
cost of such examination shall be paid by the county in which
the trial is held.
(b-5) In cases involving felony sex offenses in which the offender is being considered for probation only or any felony offense that is
sexually motivated as defined in the Sex Offender Management Board Act in which the offender is being considered for probation only, the
investigation shall include a sex offender evaluation by an evaluator approved
by the Board and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense cases, except as
specified in subsection (d) of this Section, when a presentence report has
been ordered by the court, such presentence report shall contain
information on the defendant's history of delinquency or criminality and
shall further contain only those matters listed in any of paragraphs (1)
through (6) of subsection (a) or in subsection (b) of this Section as are
specified by the court in its order for the report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, the presentence report shall set forth
information about alcohol, drug abuse, psychiatric, and marriage counseling
or other treatment programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those additional
matters listed in any of paragraphs (1) through (6) of subsection (a) or in
subsection (b) of this Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without pretrial release or to have his pretrial release revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21.)
(730 ILCS 5/5-3-3) (from Ch. 38, par. 1005-3-3)
Sec. 5-3-3.
Presentence Commitment for Study.
(a) In felony cases where the court is of the opinion that imprisonment
may be appropriate but desires more information as a basis for determining
the sentence than has been or may be provided by a presentence report under
Section 5-3-1, the court may commit for a period not exceeding 60 days a
convicted person to the custody of the court clinic or the Department of
Corrections if the Department has certified to the court that it can
examine such persons under this Section.
(b) The Department or court clinic shall conduct a study of the person
and shall, pursuant to the court's request, inquire into such matters as
his previous delinquency or criminal experience, his social background, his
capabilities and his mental, emotional and physical health and the
rehabilitative resources of programs adaptable to his needs and any other
matters that the court directs.
(c) At the expiration of the commitment or the sooner completion of the
ordered studies, the person shall be returned to the court for sentencing
with a written report of the results of the study. The report shall be
filed of record under Section 5-3-4.
(d) The time for which the defendant was committed for study shall be
credited against any sentence imposed.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
Sec. 5-3-4. Disclosure of Reports.
(a) Any report made pursuant to this Article or Section 5-705
of the Juvenile
Court Act of 1987 shall be filed of record with the court in a sealed envelope.
(b) Presentence reports shall be open for inspection only as follows:
(c) Presentence reports shall be filed of record with the court within
60 days of a verdict or finding of guilty for any offense involving an
illegal sexual act perpetrated upon a victim, including but not limited to
offenses for violations of Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act.
(d) A complaint, information or indictment shall not be quashed or
dismissed nor shall any person in custody for an offense be discharged from
custody because of noncompliance with subsection (c) of this Section.
(Source: P.A. 99-413, eff. 8-20-15.)
(730 ILCS 5/Ch. V Art. 4 heading)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is
sought under hearing procedures otherwise specified, after a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-4-2) (from Ch. 38, par. 1005-4-2)
Sec. 5-4-2.
Multiple Offenses.
(a) After conviction and before sentencing, the defendant shall be
permitted, subject to the approval of the State's Attorney, to plead guilty
to other offenses he has committed which are within the same county. If the
defendant is not formally charged with such offenses, an information shall
be filed on the basis of the defendant's admission of guilt. Submission of
such a plea shall constitute a waiver of all objections which the defendant
might otherwise have to the charge. If such a plea is tendered and
accepted, the court shall sentence the defendant for all offenses in one
hearing under Section 5-8-4.
(b) A defendant convicted, charged, or held in custody in a county other
than that in which any other charge is pending against him may state in
writing or in court that he desires to plead guilty, to waive trial in the
county in which the charge is pending and to consent to disposition of the
case in the county in which he is held, convicted or charged, subject to
the approval of the state's attorney for each county. Upon receiving
notification from the sentencing court, the clerk of the court in which the
charge is pending shall transmit the papers in the proceeding or certified
copies thereof to the clerk of the court in which the defendant desires to
plead guilty. Thereafter, the prosecution shall continue in that county. If
after the proceeding has been transferred, the defendant pleads not guilty,
the proceeding shall be restored to the docket of the court where the
charge was pending.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens;
genetic marker groups.
(a) Any person convicted of, found guilty under the Juvenile Court Act of
1987 for, or who received a disposition of court supervision for, a qualifying
offense or attempt of a qualifying offense, convicted or found guilty of any
offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given
supervision for any offense classified as a felony under the Juvenile Court Act
of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, or institutionalized as a sexually dangerous person under the Sexually
Dangerous Persons Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of the sentence or
disposition imposed, be required to submit specimens of blood, saliva, or
tissue to the Illinois State Police in accordance with the
provisions of this Section, provided such person is:
(a-1) Any person incarcerated in
a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22,
2002, whether for a term of years, natural life, or a sentence of death, who has not yet submitted a specimen of blood, saliva, or tissue shall be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole, aftercare release, or mandatory
supervised release, as a
condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after the effective date of this amendatory Act of the 94th General Assembly or sentenced to death after the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police. Any person serving a sentence of life imprisonment in a facility of the Illinois Department of Corrections on the effective date of this amendatory Act of the 94th General Assembly or any person who is under a sentence of death on the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue upon request at a collection site designated by the Illinois State Police.
(a-3) Any person seeking transfer to or residency in Illinois under Sections 3-3-11.05
through 3-3-11.5 of this Code, the Interstate Compact
for Adult Offender Supervision, or the Interstate Agreements on Sexually
Dangerous Persons Act shall be required to provide a specimen of blood, saliva, or tissue within 45 days after transfer to or residency in Illinois at a collection site designated by the Illinois State Police.
(a-3.1) Any person required by an order of the court to submit a DNA specimen shall be required to provide a specimen of blood, saliva, or tissue within 45 days after the court order at a collection site designated by the Illinois State Police.
(a-3.2) On or after January 1, 2012 (the effective date of Public Act 97-383), any person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois State Police:
(a-3.3) Any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction as set forth in subsection (c-5.2) shall be required to provide a specimen of blood, saliva, or tissue within the time period prescribed in subsection (c-5.2) at a collection site designated by the Illinois State Police.
(a-5) Any person who was otherwise convicted of or received a disposition
of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or
who was found guilty or given supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of the sentence imposed, be
required by an order of the court to submit specimens of blood, saliva, or
tissue to the Illinois State Police in accordance with the
provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, saliva, or tissue shall provide
specimens of blood, saliva, or tissue within 45 days after sentencing or
disposition at a collection site designated by the Illinois
State Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to
provide specimens of blood, saliva, or tissue shall be required to provide
such specimens prior to final discharge or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Act, by the Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide specimens of
blood, saliva, or tissue shall, where feasible, be required to provide the
specimens before being accepted for conditioned residency in Illinois under
the interstate compact or agreement, but no later than 45 days after arrival
in this State.
(c-5.2) Unless it is determined that a registered sex offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration.
(c-6) The Illinois State Police may determine which type of
specimen or specimens, blood, saliva, or tissue, is acceptable for submission
to the Division of Forensic Services for analysis. The Illinois State Police may require the submission of fingerprints from anyone required to give a specimen under this Act.
(d) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of blood specimens.
The collection of specimens shall be performed in a medically approved
manner. Only a physician authorized to practice medicine, a registered
nurse or other qualified person trained in venipuncture may withdraw blood
for the purposes of this Act. The specimens
shall thereafter be forwarded to the Illinois State Police,
Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(d-1) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of saliva specimens. The
collection of saliva specimens shall be performed in a medically approved manner.
Only a person trained in the instructions promulgated by the Illinois State
Police on collecting saliva may collect saliva for the purposes of this
Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d-2) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of tissue specimens. The
collection of tissue specimens shall be performed in a medically approved
manner. Only a person trained in the instructions promulgated by the Illinois
State Police on collecting tissue may collect tissue for the purposes of this
Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d-5) To the extent that funds are available, the Illinois
State Police shall contract with qualified personnel and certified laboratories
for the collection, analysis, and categorization of known specimens, except as provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois State Police and
the Illinois State Police may contract with third parties to
provide for the collection or analysis of DNA, or both, of an offender's blood,
saliva, and tissue specimens, except as provided in subsection (n) of this Section.
(e) The genetic marker groupings shall be maintained by the Illinois
State Police, Division of Forensic Services.
(f) The genetic marker grouping analysis information obtained pursuant
to this Act shall be confidential and shall be released only to peace
officers of the United States, of other states or territories, of the
insular possessions of the United States, of foreign countries duly
authorized to receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies, and to defense counsel as
provided by Section 116-5 of the Code of Criminal Procedure of 1963.
The genetic marker grouping analysis information obtained pursuant to
this Act shall be used only for (i) valid law enforcement identification
purposes and as required by the Federal Bureau of Investigation for
participation in the National DNA database, (ii) technology
validation
purposes, (iii) a population statistics database, (iv) quality
assurance
purposes if personally identifying information is removed,
(v) assisting in the defense of the criminally accused pursuant
to
Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. Notwithstanding
any other statutory provision to the contrary,
all information obtained under this Section shall be maintained in a single
State data base, which may be uploaded into a national database, and which
information may be subject to expungement only as set forth in subsection
(f-1).
(f-1) Upon receipt of notification of a reversal of a conviction based on
actual innocence, or of the granting of a pardon pursuant to Section 12 of
Article V of the Illinois Constitution, if that pardon document specifically
states that the reason for the pardon is the actual innocence of an individual
whose DNA record has been stored in the State or national DNA identification
index in accordance with this Section by the Illinois State
Police, the DNA record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure that the record and
any specimens, analyses, or other documents relating to such record, whether in
the possession of the Department or any law enforcement or police agency, or
any forensic DNA laboratory, including any duplicates or copies thereof, are
destroyed and a letter is sent to the court verifying the expungement is
completed. For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period. The Department shall by rule prescribe procedures to ensure that the record and any specimens in the possession or control of the Department are destroyed and a letter is sent to the court verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker grouping analysis
information, or any other information derived from a DNA specimen, beyond the
authorized uses as provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of not less than
$5,000.
(f-6) The Illinois State Police may contract with third
parties for the purposes of implementing this amendatory Act of the 93rd
General Assembly, except as provided in subsection (n) of this Section. Any other party contracting to carry out the functions of
this Section shall be subject to the same restrictions and requirements of this
Section insofar as applicable, as the Illinois State Police, and
to any additional restrictions imposed by the Illinois State
Police.
(g) For the purposes of this Section, "qualifying offense" means any of
the following:
(g-5) (Blank).
(h) The Illinois State Police shall be the State central
repository for all genetic marker grouping analysis information obtained
pursuant to this Act. The Illinois State Police may
promulgate rules for the form and manner of the collection of blood, saliva,
or tissue specimens and other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to all actions taken
under the rules so promulgated.
(i)(1) A person required to provide a blood, saliva, or tissue specimen
shall
cooperate with the collection of the specimen and any deliberate act by
that person intended to impede, delay or stop the collection of the blood,
saliva, or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not adequate for any
reason, the person shall provide another DNA specimen for analysis. Duly
authorized law
enforcement and corrections personnel may employ reasonable force in cases in
which an individual refuses to provide a DNA specimen required under this
Act.
(j) (Blank).
(k) All analysis and categorization assessments provided under the Criminal and Traffic Assessments Act to the State Crime Laboratory Fund
shall be regulated as follows:
(l) The failure of a person to provide a specimen, or of any person or
agency to collect a specimen, shall in no way alter
the obligation of the person to submit such specimen, or the authority of the
Illinois State Police or persons designated by the Illinois State Police to
collect the specimen, or the authority of the Illinois State
Police to accept, analyze and maintain the specimen or to maintain or upload
results of genetic marker grouping analysis information into a State or
national database.
(m) If any provision of this amendatory Act of the 93rd General Assembly
is
held unconstitutional or otherwise invalid, the remainder of this amendatory
Act
of the 93rd General Assembly is not affected.
(n) Neither the Illinois State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency. For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the Juvenile Court Act of 1987, and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.
(p) This Section may be referred to as the Illinois DNA Database Law of 2011.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
(730 ILCS 5/5-4-3a)
Sec. 5-4-3a. DNA testing backlog accountability.
(a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information:
(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official website of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing:
As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
(a) Except for good cause shown by written motion, any person adjudged
guilty of any offense involving an illegal sexual act perpetrated upon a
victim, including but not limited to offenses for violations of Article 12
of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act, shall be sentenced within 65 days of a
verdict or finding of guilt for the offense.
(b) The court shall set the sentencing date at the time the verdict or
finding of guilt is entered by the court.
(c) Any motion for continuance shall be in writing and supported by
affidavit and in compliance with Section 114-4 of the Code of Criminal
Procedure of 1963, and the victim shall be notified of the date and time of
hearing and shall be provided an opportunity to address the court on the
impact the continuance may have on the victim's well-being.
(d) A complaint, information or indictment shall not be quashed or
dismissed, nor shall any person in custody for an offense be discharged
from custody because of non-compliance with this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-4-3.2)
Sec. 5-4-3.2. Collection and storage of Internet protocol addresses.
(a) Cyber-crimes Location Database. The Attorney General is hereby authorized to establish and maintain the "Illinois Cyber-crimes Location Database" (ICLD) to collect, store, and use Internet protocol (IP) addresses for purposes of investigating and prosecuting child exploitation crimes on the Internet.
(b) "Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.
(c) Collection of Internet Protocol addresses.
(d) Storage and use of the Database. Internet protocol (IP) addresses recorded pursuant to this Section shall be submitted to the Attorney General for storage and use in the Illinois Cyber-crimes Location Database. The Attorney General and its designated agents may access the database for the purpose of investigation and prosecution of crimes listed in this Section. In addition, the Attorney General is authorized to share information stored in the database with the National Center for Missing and Exploited Children (NCMEC) and any federal, state, or local law enforcement agencies for the investigation or prosecution of child exploitation crimes.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-4-3b)
Sec. 5-4-3b. Electronic Laboratory Information Management System.
(a) The Illinois State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS) to efficiently and effectively track all evidence submitted for forensic testing. At a minimum, the LIMS shall record:
The LIMS shall also link multiple forensic evidence submissions pertaining to a single criminal investigation such that evidence submitted to confirm a previously reported Combined DNA Index System (CODIS) hit in a State or federal database can be linked to the initial evidence submission. The LIMS shall be such that the system provides ease of interoperability with law enforcement agencies for evidence submission and reporting, as well as supports expansion capabilities for future internal networking and laboratory operations.
(b) The Illinois State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Section. A contract or contracts under this subsection are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. This exemption is inoperative 2 years from January 1, 2016 (the effective date of Public Act 99-352).
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/Ch. V. Art. 4.5 heading)
(730 ILCS 5/5-4.5-5)
Sec. 5-4.5-5. STANDARD SENTENCING. Except as specifically provided elsewhere, this Article governs sentencing for offenses.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-10)
Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS.
(a) FELONY CLASSIFICATIONS. Felonies are classified, for the purpose of sentencing, as follows:
(b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are classified, for the purpose of sentencing, as follows:
(c) PETTY AND BUSINESS OFFENSES. Petty offenses and business offenses are not classified.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-15)
Sec. 5-4.5-15. DISPOSITIONS.
(a) APPROPRIATE DISPOSITIONS. The following are appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than as provided in Section 5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the statute defining the offense or elsewhere:
(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine nor restitution shall be the sole disposition for a felony, and either or both may be imposed only in conjunction with another disposition.
(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a term of natural life is imposed, every sentence includes a term in addition to the term of imprisonment. For those sentenced under the law in effect before February 1, 1978, that term is a parole term. For those sentenced on or after February 1, 1978, that term is a mandatory supervised release term.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400, eff. 8-13-09; 96-1000, eff. 7-2-10.)
(730 ILCS 5/5-4.5-20)
Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first degree murder:
(a) TERM. The defendant shall be sentenced to imprisonment or, if appropriate, death under Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). Imprisonment shall be for a determinate term, subject to Section 5-4.5-115 of this Code, of (1) not less than 20 years and not more than 60 years; (2) not less than 60 years and not more than 100 years when an extended term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. Drug court is not an authorized disposition.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic monitoring and home detention are not authorized dispositions, except in limited circumstances as provided in Section 5-8A-3 (730 ILCS 5/5-8A-3).
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/5-4.5-25)
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X felony:
(a) TERM. The sentence of imprisonment shall be a determinate sentence, subject to Section 5-4.5-115 of this Code, of not less than 6 years and not more than 30 years. The sentence of imprisonment for an extended term Class X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this Code, shall be not less than 30 years and not more than 60 years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/5-4.5-30)
Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 felony:
(a) TERM. The sentence of imprisonment, other than for second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years, subject to Section 5-4.5-115 of this Code. The sentence of imprisonment for second degree murder shall be a determinate sentence of not less than 4 years and not more than 20 years, subject to Section 5-4.5-115 of this Code. The sentence of imprisonment for an extended term Class 1 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this Code, shall be a term not less than 15 years and not more than 30 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 3 to 4 years, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he or she was serving a term of probation or conditional discharge for a felony.
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/5-4.5-35)
Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 felony:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. The sentence of imprisonment for an extended term Class 2 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 7 years and not more than 14 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 18 to 30 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-40)
Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 felony:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 5 years and not more than 10 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-45)
Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 felony:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. The sentence of imprisonment for an extended term Class 4 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 3 years and not more than 6 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-50)
Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may not defer further proceedings and the imposition of a sentence and may not enter an order for supervision of the defendant.
(b) FELONY FINES. Unless otherwise specified by law, the minimum fine is $75. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater, or if the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in each felony conviction shall set forth his or her reasons for imposing the particular sentence entered in the case, as provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such factors, as well as any other mitigating or aggravating factors that the judge sets forth on the record that are consistent with the purposes and principles of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed with the circuit court clerk within 30 days following the imposition of sentence. A motion not filed within that 30-day period is not timely. The court may not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing.
If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an appeal, a final judgment is not considered to have been entered until the motion to reduce the sentence has been decided by order entered by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR OTHER-STATE SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the Illinois court ordered to be concurrent with the prior other-state or federal sentence. The court may order that any time served on the unexpired portion of the other-state or federal sentence, prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The appropriate official of the other state or the United States shall be furnished with a copy of the order imposing sentence, which shall provide that, when the offender is released from other-state or federal confinement, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing Illinois county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of the sentence at the time of commitment and to be provided with copies of all records regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed sentence to have his or her sentence reduced.
The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his or her Illinois sentence. The application for reduction of a sentence under this subsection shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-55)
Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-60)
Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class B misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6 months.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-65)
Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class C misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 30 days.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 30 days or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-70)
Sec. 5-4.5-70. SENTENCE PROVISIONS; ALL MISDEMEANORS. Except as otherwise provided, for all misdemeanors:
(a) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:
(b) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act (720 ILCS 550/10.3), Section 411.2 of the Illinois Controlled Substances Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/80), in which case the court may extend supervision beyond 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).
(c) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-75)
Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as otherwise provided, for a petty offense:
(a) FINE. Unless otherwise specified by law, the minimum fine is $75. A defendant may be sentenced to pay a fine not to exceed $1,000 for each offense or the amount specified in the offense, whichever is less. A fine may be imposed in addition to a sentence of conditional discharge or probation. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(b) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be sentenced to a period of probation or conditional discharge not to exceed 6 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make restitution to the victim under Section 5-5-6 (730 ILCS 5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:
(e) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-80)
Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as otherwise provided, for a business offense:
(a) FINE. Unless otherwise specified by law, the minimum fine is $75. A defendant may be sentenced to pay a fine not to exceed for each offense the amount specified in the statute defining that offense. A fine may be imposed in addition to a sentence of conditional discharge. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(b) CONDITIONAL DISCHARGE. A defendant may be sentenced to a period of conditional discharge. The court shall specify the conditions of conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make restitution to the victim under Section 5-5-6 (730 ILCS 5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:
(e) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-85)
Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
(a) FELONY. The particular classification of each felony is specified in the law defining the felony. Any unclassified offense that is declared by law to be a felony or that provides a sentence to a term of imprisonment for one year or more is a Class 4 felony.
(b) MISDEMEANOR. The particular classification of each misdemeanor is specified in the law or ordinance defining the misdemeanor.
(c) PETTY OR BUSINESS OFFENSE. Any unclassified offense that does not provide for a sentence of imprisonment is a petty offense or a business offense.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-90)
Sec. 5-4.5-90. OTHER REMEDIES NOT LIMITED. This Article does not deprive a court in other proceedings of the power to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(b) 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. This subsection does not apply unless:
(c) (Blank).
A person sentenced as a Class X offender under this subsection (b) is not eligible to apply for treatment as a condition of probation as provided by Section 40-10 of the Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; 101-652, eff. 7-1-21.)
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set forth in subsection (e), the offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for the number of days spent in custody as a result of the offense for which the sentence was imposed. The Department shall calculate the credit at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). The trial court shall give credit to the defendant for time spent in home detention on the same sentencing terms as incarceration as provided in Section 5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of credit includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit. The trial court may give credit to the defendant for the number of days spent confined for psychiatric or substance abuse treatment prior to judgment, if the court finds that the detention or confinement was custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender arrested on one charge and prosecuted on another charge for conduct that occurred prior to his or her arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the defendant credit for successfully completing county programming while in custody prior to imposition of sentence at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the purposes of this subsection, "custody" includes time spent in home detention.
(d) (Blank).
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED RELEASE, OR PROBATION. An offender charged with the commission of an offense committed while on parole, mandatory supervised release, or probation shall not be given credit for time spent in custody under subsection (b) for that offense for any time spent in custody as a result of a revocation of parole, mandatory supervised release, or probation where such revocation is based on a sentence imposed for a previous conviction, regardless of the facts upon which the revocation of parole, mandatory supervised release, or probation is based, unless both the State and the defendant agree that the time served for a violation of mandatory supervised release, parole, or probation shall be credited towards the sentence for the current offense.
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/5-4.5-105)
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
(a) On or after the effective date of this amendatory Act of the 99th General Assembly, when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing conducted under Section 5-4-1, shall consider the following additional factors in mitigation in determining the appropriate sentence:
(b) Except as provided in subsection (c), the court may sentence the defendant to any disposition authorized for the class of the offense of which he or she was found guilty as described in Article 4.5 of this Code, and may, in its discretion, decline to impose any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(c) Notwithstanding any other provision of law, if the defendant is convicted of first degree murder and would otherwise be subject to sentencing under clause (iii), (iv), (v), or (vii) of subparagraph (c) of paragraph (1) of subsection (a) of Section 5-8-1 of this Code based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment. In addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense included in subsection (d) of Section 5-8-1.
(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, eff. 1-1-17.)
(730 ILCS 5/5-4.5-110)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
(a) DEFINITIONS. For the purposes of this Section:
(b) APPLICABILITY. For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) and before January 1, 2024, when a person is convicted of unlawful use or possession of a weapon by a felon, when the weapon is a firearm, or aggravated unlawful use of a weapon, when the weapon is a firearm, after being previously convicted of a qualifying predicate offense the person shall be subject to the sentencing guidelines under this Section.
(c) SENTENCING GUIDELINES.
(d) DEPARTURE FROM SENTENCING GUIDELINES.
(e) This Section is repealed on January 1, 2024.
(Source: P.A. 102-1109, eff. 12-21-22.)
(730 ILCS 5/5-4.5-115)
Sec. 5-4.5-115. Parole review of persons under the age of 21 at the time of the commission of an offense.
(a) For purposes of this Section, "victim" means a victim of a violent crime as defined in subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act including a witness as defined in subsection (b) of Section 3 of the Rights of Crime Victims and Witnesses Act; any person legally related to the victim by blood, marriage, adoption, or guardianship; any friend of the victim; or any concerned citizen.
(b) A person under 21 years of age at the time of the commission of an offense or offenses, other than first degree murder, and who is not serving a sentence for first degree murder and who is sentenced on or after June 1, 2019 (the effective date of Public Act 100-1182) shall be eligible for parole review by the Prisoner Review Board after serving 10 years or more of his or her sentence or sentences, except for those serving a sentence or sentences for: (1) aggravated criminal sexual assault who shall be eligible for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence or sentences or (2) predatory criminal sexual assault of a child who shall not be eligible for parole review by the Prisoner Review Board under this Section. A person under 21 years of age at the time of the commission of first degree murder who is sentenced on or after June 1, 2019 (the effective date of Public Act 100-1182) shall be eligible for parole review by the Prisoner Review Board after serving
20 years or more of his or her sentence or sentences, except for those subject to a term of natural life imprisonment under Section 5-8-1 of this Code or any person subject to sentencing under subsection (c) of Section 5-4.5-105 of this Code.
(c) Three years prior to becoming eligible for parole review, the eligible person may file his or her petition for parole review with the Prisoner Review Board.
The petition shall include a copy of the order of commitment and sentence to the Department of Corrections for the offense or offenses for which review is sought. Within 30 days of receipt of this petition, the Prisoner Review Board shall determine whether the petition is appropriately filed, and if so, shall set a date for parole review 3 years from receipt of the petition and notify the Department of Corrections within 10 business days. If the Prisoner Review Board determines that the petition is not appropriately filed, it shall notify the petitioner in writing, including a basis for its determination.
(d) Within 6 months of the Prisoner Review Board's determination that the petition was appropriately filed, a representative from the Department of Corrections shall meet with the eligible person and
provide the inmate information about the parole hearing process and personalized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Following this meeting, the eligible person has 7 calendar days to file a written request to the representative from the Department of Corrections who met with the eligible person of any additional programs and services which the eligible person believes should be made available to prepare the eligible person for return to the community.
(e) One year prior to the person being eligible for parole, counsel shall be appointed by the Prisoner Review Board upon a finding of indigency. The eligible person may waive appointed counsel or retain his or her own counsel at his or her own expense.
(f) Nine months prior to the hearing, the Prisoner Review Board shall provide the eligible person, and his or her counsel, any written documents or materials it will be considering in making its decision unless the written documents or materials are specifically found to: (1) include information which, if disclosed, would damage the therapeutic relationship between the inmate and a mental health professional; (2) subject any person to the actual risk of physical harm; (3) threaten the safety or security of the Department or an institution. In accordance with Section 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and Section 10 of the Open Parole Hearings Act, victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public. Victim statements shall not be considered public documents under the provisions of the Freedom of Information Act. The inmate or his or her attorney shall not be given a copy of the statement, but shall be informed of the existence of a victim statement and the position taken by the victim on the inmate's request for parole. This shall not be construed to permit disclosure to an inmate of any information which might result in the risk of threats or physical harm to a victim. The Prisoner Review Board shall have an ongoing duty to provide the eligible person, and his or her counsel, with any further documents or materials that come into its possession prior to the hearing subject to the limitations contained in this subsection.
(g) Not less than 12 months prior to the hearing, the Prisoner Review Board shall provide notification to the State's Attorney of the county from which the person was committed and written notification to the victim or family of the victim of the scheduled hearing place, date, and approximate time. The written notification shall contain: (1) information about
their right to be present, appear in person at the parole hearing, and their right to
make an oral statement and submit information in writing, by videotape, tape
recording, or other electronic means; (2) a toll-free number to call for further
information about the parole review process; and (3) information regarding
available resources, including trauma-informed therapy, they may access. If the Board does not have knowledge of the current address of the victim or family of the victim, it shall notify the State's Attorney of the county of commitment and request assistance in locating the victim or family of the victim. Those victims or family of the victims who advise the Board in writing that they no longer wish to be notified shall not receive future notices. A victim shall have the right to submit information by videotape, tape recording, or other electronic means. The victim may submit this material prior to or at the parole hearing. The victim also has the right to be heard at the parole hearing.
(h) The hearing conducted by the Prisoner Review Board shall be governed by Sections 15 and 20, subsection (f) of Section 5, subsections (a), (a-5), (b), (b-5), and (c) of Section 10, and subsection (d) of Section 25 of the Open Parole Hearings Act and Part 1610 of Title 20 of the Illinois Administrative Code. The eligible person has a right to be present at the Prisoner Review Board hearing, unless the Prisoner Review Board determines the eligible person's presence is unduly burdensome when conducting a hearing under paragraph (6.6) of subsection (a) of Section 3-3-2 of this Code. If a psychological evaluation is submitted for the Prisoner Review Board's consideration, it shall be prepared by a person who has expertise in adolescent brain development and behavior, and shall take into consideration the diminished culpability of youthful offenders, the hallmark features of youth, and any subsequent growth and increased maturity of the person. At the hearing, the eligible person shall have the right to make a statement on his or her own behalf.
(i) Only upon motion for good cause shall the date for the Prisoner Review Board hearing, as set by subsection (b) of this Section, be changed. No less than 15 days prior to the hearing, the Prisoner Review Board shall notify the victim or victim representative, the attorney, and the eligible person of the exact date and time of the hearing. All hearings shall be open to the public.
(j) The Prisoner Review Board shall not parole the eligible person if it determines that:
In considering the factors affecting the release determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner Review Board panel shall consider the diminished culpability of youthful offenders, the hallmark features of youth, and any subsequent growth and maturity of the youthful offender during incarceration.
(k) Unless denied parole under subsection (j) of this Section and subject to the provisions of Section 3-3-9 of this Code: (1) the eligible person serving a sentence for any non-first degree murder offense or offenses, shall be released on parole which shall operate to discharge any remaining term of years sentence imposed upon him or her, notwithstanding any required mandatory supervised release period the eligible person is required to serve; and (2) the eligible person serving a sentence for any first degree murder offense, shall be released on mandatory supervised release for a period of 10 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years sentence imposed upon him or her, however in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as sent forth in Section 5-4.5-20.
(l) If the Prisoner Review Board denies parole after conducting the hearing under
subsection (j) of this Section, it shall issue a written decision which states the
rationale for denial, including the primary factors considered. This decision shall
be provided to the eligible person and his or her counsel within 30 days.
(m) A person denied parole under subsection (j) of this Section, who is not
serving a sentence for either first degree murder or aggravated criminal sexual
assault, shall be eligible for a second parole review by the Prisoner Review Board
5 years after the written decision under subsection (l) of this Section; a person
denied parole under subsection (j) of this Section, who is serving a sentence or
sentences for first degree murder or aggravated criminal sexual assault shall be
eligible for a second and final parole review by the Prisoner Review Board 10
years after the written decision under subsection (k) of this Section. The
procedures for a second parole review shall be governed by subsections (c)
through (k) of this Section.
(n) A person denied parole under subsection (m) of this Section, who is not
serving a sentence for either first degree murder or aggravated criminal sexual
assault, shall be eligible for a third and final parole review by the Prisoner Review
Board 5 years after the written decision under subsection (l) of this Section. The
procedures for the third and final parole review shall be governed by subsections
(c) through (k) of this Section.
(o) Notwithstanding anything else to the contrary in this Section, nothing in this Section shall be construed to delay parole or mandatory supervised release consideration for petitioners who are or will be eligible for release earlier than this Section provides. Nothing in this Section shall be construed as a limit, substitution, or bar on a person's right to sentencing relief, or any other manner of relief, obtained by order of a court in proceedings other than as provided in this Section.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/5-4.5-990)
Sec. 5-4.5-990. PRIOR LAW; OTHER ACTS; PRIOR SENTENCING.
(a) This Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly consolidate and unify certain criminal sentencing provisions and make conforming changes in the law.
(b) A provision of this Article 4.5 or any other provision of this amendatory Act of the 95th General Assembly that is the same or substantially the same as a prior law shall be construed as a continuation of the prior law and not as a new or different law.
(c) A citation in this Code or in another Act to a provision consolidated or unified in this Article 4.5 or to any other provision consolidated or unified in this amendatory Act of the 95th General Assembly shall be construed to be a citation to that consolidated or unified provision.
(d) If any other Act of the General Assembly changes, adds, or repeals a provision of prior law that is consolidated or unified in this Article 4.5 or in any other provision of this amendatory Act of the 95th General Assembly, then that change, addition, or repeal shall be construed together with this Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly.
(e) Sentencing for any violation of the law occurring before the effective date of this amendatory Act of the 95th General Assembly is not affected or abated by this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/Ch. V Art. 5 heading)
(730 ILCS 5/5-5-1)
Sec. 5-5-1. (Repealed).
(Source: P.A. 84-1450. Repealed by P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-5-2)
Sec. 5-5-2. (Repealed).
(Source: P.A. 80-1099. Repealed by P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment or
conditional discharge shall not be imposed for the following offenses.
The court shall sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following offenses, and
may order a fine or restitution or both in conjunction with such term of
imprisonment:
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be imposed for a
violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a
minimum of
100 hours of community service shall be imposed for a second violation of
Section 6-303
of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.4) Except as provided in paragraphs
(4.5), (4.6), and (4.9) of this
subsection (c), a
minimum term of imprisonment of 30 days or 300 hours of community service, as
determined by the court, shall
be imposed
for a third or subsequent violation of Section 6-303 of the Illinois Vehicle
Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a
fourth or subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or privileges
suspended for at least 90 days but not more than one year, if the violation
resulted in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code
shall have his or her driver's license, permit, or privileges suspended for at
least 180 days but not more than 2 years, if the violation resulted in injury
to
another person.
(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation resulted in the
death of another person.
(5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense of ritualized
abuse of a child may be sentenced to a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a first offense
and $2,000 for a second or subsequent offense upon a person convicted of or
placed on supervision for battery when the individual harmed was a sports
official or coach at any level of competition and the act causing harm to the
sports
official or coach occurred within an athletic facility or within the immediate vicinity
of the athletic facility at which the sports official or coach was an active
participant
of the athletic contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an athletic contest
who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the sanctioning
authority that conducted the sporting event.
(12) A person may not receive a disposition of 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.
(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court. The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is vacated,
the case shall be remanded to the trial court. The trial court shall
hold a hearing under Section 5-4-1 of this Code
which may include evidence of the defendant's life, moral character and
occupation during the time since the original sentence was passed. The
trial court shall then impose sentence upon the defendant. The trial
court may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this Code.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the
existence of a fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for
aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant
who was a family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
Probation may be revoked or modified pursuant to Section 5-6-4; except
where the court determines at the hearing that the defendant violated a
condition of his or her probation restricting contact with the victim or
other family members or commits another offense with the victim or other
family members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim" shall have
the meanings ascribed to them in Section 11-0.1 of the Criminal Code of
2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 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 or the Criminal Code of 2012,
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). Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the conviction was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of the test results. The court shall
also notify the victim if requested by the victim, and if the victim is under
the age of 15 and if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of the test
results.
The court shall provide information on the availability of HIV testing
and counseling at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible.
The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne communicable disease, as
determined by the Illinois Department of Public Health, including, but not
limited to, tuberculosis, the results of the test shall be
personally delivered by the warden or his or her designee in a sealed envelope
to the judge of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to prevent transmission
of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under Section 1 or 2
of the Hypodermic Syringes and Needles Act, the defendant shall undergo
medical testing to determine whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by
law, the results of such test shall be kept strictly confidential by all
medical personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction was entered
for the judge's inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The court shall
notify the defendant of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide information on the
availability of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are revealed and
shall direct the State's Attorney to provide the information to the victim when
possible. The court shall order that the cost of any
such test shall be paid by the county and may be taxed as costs against the
convicted defendant.
(i) All fines and penalties imposed under this Section for any violation
of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation
of the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit
clerk as provided under the Criminal and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act,
any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the Child Care
Act of 1969, a public or private elementary or secondary school, or otherwise
works with children under 18 years of age on a daily basis. When a defendant
is so employed, the court shall order the Clerk of the Court to send a copy of
the judgment of conviction or order of supervision or probation to the
defendant's employer by certified mail.
If the employer of the defendant is a school, the Clerk of the Court shall
direct the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional superintendent of schools.
The regional superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(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 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 high school equivalency testing or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational training
required by his or her sentence during the term of incarceration, the Prisoner
Review Board shall, as a condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing. The Prisoner Review Board shall
revoke the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release term; however,
the inability of the defendant after making a good faith effort to obtain
financial aid or pay for the educational training shall not be deemed a wilful
failure to comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under this subsection
(j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by
the court to be a person with a developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided
in paragraph (C) of subsection (l), whenever a defendant,
who is not a citizen or national of the United States, is convicted
of any 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:
Otherwise, the defendant shall be sentenced as provided in this Chapter V.
(B) If the defendant has already been sentenced for a felony or
misdemeanor
offense, or has been placed on probation under Section 10 of the Cannabis
Control Act,
Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court
may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the Attorney General
of the United States or his or her designated agent when:
(C) This subsection (l) does not apply to offenders who are subject to the
provisions of paragraph (2) of subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant sentenced under
this Section returns to the jurisdiction of the United States, the defendant
shall be recommitted to the custody of the county from which he or she was
sentenced.
Thereafter, the defendant shall be brought before the sentencing court, which
may impose any sentence that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be eligible for
additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property under Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300
and the property damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for that program
under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an annual basis in accordance with the provisions of license renewal established by the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22.)
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in mitigation.
(a) The following
grounds shall be accorded weight in favor of withholding or
minimizing a sentence of imprisonment:
(b) If the court, having due regard for the character of the
offender, the nature and circumstances of the offense and the
public interest finds that a sentence of imprisonment is the
most appropriate disposition of the offender, or where other
provisions of this Code mandate the imprisonment of the offender,
the grounds listed in paragraph (a) of this subsection shall be
considered as factors in mitigation of the term imposed.
(Source: P.A. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22.)
(730 ILCS 5/5-5-3.2)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing.
(a) The following factors shall be accorded weight in favor of
imposing a term of imprisonment or may be considered by the court as reasons
to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V:
For the purposes of this Section:
"School" is defined as a public or private
elementary or secondary school, community college, college, or university.
"Day care center" means a public or private State certified and
licensed day care center as defined in Section 2.09 of the Child Care Act of
1969 that displays a sign in plain view stating that the
property is a day care center.
"Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently
with impairment in adaptive behavior.
"Public transportation" means the transportation
or conveyance of persons by means available to the general public, and includes paratransit services.
"Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
upon any offender:
(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(d) For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing.
(a) The following factors shall be accorded weight in favor of
imposing a term of imprisonment or may be considered by the court as reasons
to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V:
For the purposes of this Section:
"School" is defined as a public or private
elementary or secondary school, community college, college, or university.
"Day care center" means a public or private State certified and
licensed day care center as defined in Section 2.09 of the Child Care Act of
1969 that displays a sign in plain view stating that the
property is a day care center.
"Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently
with impairment in adaptive behavior.
"Public transportation" means the transportation
or conveyance of persons by means available to the general public, and includes paratransit services.
"Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
upon any offender:
(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(d) For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21; 102-982, eff. 7-1-23.)
(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
Sec. 5-5-4. Resentences.
(a) Where a conviction or sentence has been set aside on direct review
or on collateral attack, the court shall not impose a new sentence for the same
offense or for a different offense based on the same conduct which is more
severe than the prior sentence less the portion of the prior sentence
previously satisfied unless the more severe sentence is based upon conduct
on the part of the defendant occurring after the original sentencing.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction) necessary to increase
the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(b) If a conviction or sentence has been set aside on direct review or on
collateral attack and
the court determines by clear and convincing evidence that the defendant was
factually innocent of the
charge, the court shall enter an order expunging the record of arrest from the
official records of the
arresting authority and order that the records of the clerk of the circuit
court and Illinois State Police be sealed until further order of the court upon good cause shown
or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts Act in connection
with the arrest and
conviction for the offense but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. The court shall enter the expungement order regardless of whether the defendant has prior criminal convictions.
All records sealed by the Illinois State Police may be
disseminated by the Department only as required by law or to the arresting
authority, the State's Attorney, the court upon a later arrest for the same or
similar offense, or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual.
Upon entry of the order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person whose records were expunged and
sealed.
(c) If a conviction has been vacated as a result of a claim of actual innocence based on newly discovered evidence made under Section 122-1 of the Code of Criminal Procedure of 1963 or Section 2-1401 of the Code of Civil Procedure, and the provisions of paragraphs (1) and (2) of subsection (g) of Section 2-702 of the Code of Civil Procedure are otherwise satisfied, the court shall enter an order for a certificate of innocence and an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/5-5-4.1) (from Ch. 38, par. 1005-5-4.1)
Sec. 5-5-4.1.
Appeal.
The
defendant has the right of appeal in all cases from sentences
entered on conviction of first degree murder or any other Class of felony.
(Source: P.A. 84-1450.)
(730 ILCS 5/5-5-4.2) (from Ch. 38, par. 1005-5-4.2)
Sec. 5-5-4.2.
Statewide Sentence Equalization
Procedures.) The Supreme Court may by rule, not inconsistent
with law, prescribe such practices and procedures as will
promote a uniformity and parity of sentences within and among
the various circuit courts and appellate court districts.
(Source: P.A. 80-1099.)
(730 ILCS 5/5-5-4.3)
Sec. 5-5-4.3. (Repealed).
(Source: P.A. 95-1052, eff. 7-1-09. Repealed by P.A. 97-800, eff. 7-13-12.)
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and restoration of rights.
(a) Conviction and disposition shall not entail the loss by the
defendant of any civil rights, except under this Section and Sections 29-6
and 29-10 of The Election Code, as now or hereafter amended.
(b) A person convicted of a felony shall be ineligible to hold an office
created by the Constitution of this State until the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right to vote
until released from imprisonment.
(d) On completion of sentence of imprisonment or upon discharge from
probation, conditional discharge or periodic imprisonment, or at any time
thereafter, all license rights and privileges
granted under the authority of this State which have been revoked or
suspended because of conviction of an offense shall be restored unless the
authority having jurisdiction of such license rights finds after
investigation and hearing that restoration is not in the public interest.
This paragraph (d) shall not apply to the suspension or revocation of a
license to operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole, or upon a
person's discharge from probation or at any time thereafter, the committing
court may enter an order certifying that the sentence has been
satisfactorily completed when the court believes it would assist in the
rehabilitation of the person and be consistent with the public welfare.
Such order may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the person in
whose favor the order has been entered a certificate stating that his
behavior after conviction has warranted the issuance of the order.
(g) This Section shall not affect the right of a defendant to
collaterally attack his conviction or to rely on it in bar of subsequent
proceedings for the same offense.
(h) No application for any license specified in subsection (i) of this
Section granted under the
authority of this State shall be denied by reason of an eligible offender who
has obtained a certificate of relief from disabilities, as
defined in Article 5.5 of this Chapter, having been previously convicted of one
or more
criminal offenses, or by reason of a finding of lack of "good moral
character" when the finding is based upon the fact that the applicant has
previously been convicted of one or more criminal offenses, unless:
In making such a determination, the licensing agency shall consider the
following factors:
(i) A certificate of relief from disabilities shall be issued only
for a
license or certification issued under the following Acts:
(Source: P.A. 102-284, eff. 8-6-21.)
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation of the Criminal
Code of 1961 or the Criminal Code of 2012 or of Section 11-501 of the Illinois Vehicle Code in which the person received any injury to his or her person or damage
to his or her real or personal property as a result of the criminal act of the
defendant, the court shall order restitution as provided in this Section. In
all other cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine whether restitution
is an appropriate sentence to be imposed on each defendant convicted of an
offense. If the court determines that an order directing the offender to make
restitution is appropriate, the offender may be sentenced to make restitution.
The court may consider restitution an appropriate sentence to be imposed on each defendant convicted of an offense in addition to a sentence of imprisonment. The sentence of the defendant to a term of imprisonment is not a mitigating factor that prevents the court from ordering the defendant to pay restitution. If
the offender is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
The restitution order is not discharged by the
completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the
liquidation of a person's estate by a receiver. A restitution order under
this Section may be enforced in the same manner as judgment liens are
enforced under Article XII of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil Procedure,
providing for interest on judgments, apply to judgments for restitution entered
under this Section.
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
Sec. 5-5-7.
Neither the State, any local government, probation
department, public or community service program or site, nor any official,
volunteer, or employee thereof acting in the course of
their official duties shall be
liable for any injury or loss a person might receive while performing
public or community service as ordered either (1) by the court
or (2) by any duly authorized station or
probation adjustment, teen court, community mediation, or other administrative
diversion program authorized by the Juvenile Court Act of 1987 for a violation
of a penal statute of this State or a local government ordinance (whether
penal,
civil, or quasi-criminal) or for a traffic offense,
nor shall they be
liable for any tortious acts of any person performing public or community
service, except for wilful, wanton misconduct or gross negligence on the
part of such governmental unit, probation department, or public or community
service program or site, or the official, volunteer, or employee.
(Source: P.A. 91-820, eff. 6-13-00.)
(730 ILCS 5/5-5-8) (from Ch. 38, par. 1005-5-8)
Sec. 5-5-8.
No person assigned to a public or community service
program shall be considered an employee for any purpose, nor shall the
county board be obligated to provide any compensation to such person.
(Source: P.A. 85-449.)
(730 ILCS 5/5-5-9) (from Ch. 38, par. 1005-5-9)
Sec. 5-5-9.
Community service.
When a defendant is ordered by the
court to perform community service as a condition of his or her sentence,
the court in its discretion may appoint a non-profit organization to
administer a program of community service relating to cleaning up the
community, repairing damage, and painting buildings or other structures
defaced. The non-profit organization approved by the court may determine
dates and locations of the defendant's service, procure necessary cleaning
or other utensils for defendant to use in performing community service,
choose sites to be repainted or cleaned, and provide supervision of the
defendant's activities. A defendant participating in the program shall be
given reasonable rest periods as determined by the non-profit organization
with the approval of the court. The county sheriff or municipal law
enforcement agency may provide one or more peace officers to supervise the
program. A defendant who fails to successfully complete the community
service program established in this Section shall be subject to
resentencing as provided in this Chapter V.
(Source: P.A. 87-907.)
(730 ILCS 5/5-5-10)
Sec. 5-5-10. Community service fee. When an offender or
defendant is ordered by the court to perform community service and the
offender is not otherwise assessed a fee for probation services, the court
shall impose a fee of $50
for each month the community service ordered
by the court is
supervised by a probation and court services department, unless after
determining the inability of the person sentenced to community service
to pay the fee, the court assesses a lesser fee. The court may not impose
a fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile
Court Act of 1987 while the minor is in placement. The fee shall be
imposed only on an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit in the
probation and court services fund under Section 15.1 of the Probation
and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless: (1) the circuit court has adopted, by
administrative order issued by the chief judge, a standard probation fee
guide determining an offender's ability to pay,
under guidelines developed by the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
(Source: P.A. 100-159, eff. 8-18-17.)
(730 ILCS 5/Ch. V Art. 5.5 heading)
(730 ILCS 5/5-5.5-5)
Sec. 5-5.5-5. Definition. In this Article, "eligible offender" means a person who has been
convicted of a crime in this State or of an offense in any other jurisdiction that does not include any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Murderer and Violent Offender Against Youth Registration Act. "Eligible offender" does not include a person who has been convicted of arson, aggravated arson, kidnapping, aggravated kidnaping, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or aggravated domestic battery.
(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
(730 ILCS 5/5-5.5-10)
Sec. 5-5.5-10.
Certificate of relief from disabilities.
(a) A certificate of relief from disabilities does not, however, in
any way prevent any judicial proceeding, administrative, licensing, or other
body,
board, or authority from relying upon the conviction specified in the
certificate as the basis for the exercise of its discretionary power to
suspend, revoke, or refuse to issue or refuse to renew any license, permit,
or other authority or privilege.
(b) A certificate of relief from disabilities shall not limit or prevent the
introduction of evidence of a prior conviction for purposes of impeachment of a
witness in a judicial or other proceeding where otherwise authorized by the
applicable rules of evidence.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-15)
Sec. 5-5.5-15. Certificates of relief from disabilities issued by courts.
(a) Any circuit court of this State may issue a
certificate of
relief from disabilities to an eligible offender for a conviction that
occurred in that court if the court imposed the sentence. The certificate may be issued (i) at the time
sentence is pronounced, in which case it may grant relief from
disabilities, or (ii) at any time
thereafter, in which case it shall apply only to disabilities.
(b) The certificate may not be issued by the court unless the court
is satisfied, based on clear and convincing evidence, that:
(c) If a certificate of relief from disabilities is not issued at
the time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may, for the purpose of
determining whether the certificate shall be issued, request the
probation or court services department to conduct an investigation of the
applicant. Any probation officer
requested to make an investigation under this Section shall
prepare and submit to the court a written report in accordance with the
request.
(d) Any court that has issued a certificate of relief from disabilities
may at any time issue a new certificate to enlarge the relief previously
granted provided that the provisions of clauses (1)
through (3) of subsection (b) of this Section apply to the issuance of
any such new certificate.
(e) Any written report submitted to the court under this Section
is confidential and may not be made available to any person or public or
private agency except if specifically required or permitted by
statute or upon specific authorization of the court. However, it shall
be made available by the court for examination by the applicant's
attorney, or the applicant himself or herself, if he or she has no attorney. In
its discretion, the court may except from disclosure a part or parts of the
report that are not relevant to the granting of a certificate, or
sources of information which have been obtained on a promise of
confidentiality, or any other portion of the report, disclosure of which
would not be in the interest of justice. The action of the court excepting
information from disclosure shall be subject to appellate review. The
court, in its discretion, may hold a conference in open court or in
chambers to afford an applicant an opportunity to controvert or to
comment upon any portions of the report. The court may also conduct a
summary hearing at the conference on any matter relevant to the granting
of the application and may take testimony under oath.
(f) An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of relief from disabilities, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of relief from disabilities.
(Source: P.A. 96-852, eff. 1-1-10.)
(730 ILCS 5/5-5.5-20)
Sec. 5-5.5-20. (Repealed).
(Source: P.A. 93-207, eff. 1-1-04. Repealed by P.A. 96-852, eff. 1-1-10.)
(730 ILCS 5/5-5.5-25)
Sec. 5-5.5-25. Certificate of good conduct.
(a) A certificate of good conduct may be granted as provided in this Section to relieve an eligible offender of any employment, occupational licensing, or housing bar. The certificate may be limited to one or more disabilities or bars or may relieve the individual of all disabilities and bars.
Notwithstanding any other provision of law, a certificate of good conduct does not relieve an offender of any employment-related disability imposed by law by reason of his or her conviction of a crime that would prevent his or her employment by the Department of Corrections, Department of Juvenile Justice, or any other law enforcement agency in the State.
(a-6)
A certificate of good conduct may be granted as provided in this
Section to an eligible offender as defined in Section 5-5.5-5 of this Code
who has demonstrated by clear and convincing evidence that he or she has been a law-abiding citizen and is fully
rehabilitated.
(b)(i) A certificate of good conduct may not, however, in any
way prevent any judicial proceeding, administrative, licensing, or other body,
board, or authority from considering the conviction specified
in the certificate.
(ii) A certificate of good conduct shall not limit or prevent the
introduction of evidence of a prior conviction for purposes of impeachment of
a witness in a judicial or other proceeding where otherwise authorized by the
applicable rules of evidence.
(iii) A certificate of good conduct does not limit any employer, landlord, judicial proceeding, administrative, licensing, or other body, board, or authority from accessing criminal background information; nor does it hide, alter, or expunge the record.
(c) An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of good conduct, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of good conduct.
(d) The existence of a certificate of good conduct does not preclude a landlord or an administrative, licensing, or other body, board, or authority from retaining full discretion to grant or deny the application for housing or licensure.
(Source: P.A. 101-154, eff. 1-1-20.)
(730 ILCS 5/5-5.5-30)
Sec. 5-5.5-30. Issuance of certificate of good conduct.
(a) After a rehabilitation review has been held, in a manner designated by the chief judge of the judicial circuit in which the conviction was entered, the Circuit Court of that judicial circuit
shall have the power to issue a certificate of good
conduct to any eligible offender previously convicted of a crime in this State,
and shall make a specific finding of rehabilitation with the force and effect of a final judgment on the merits, when
the Court is satisfied that:
(b) The Circuit Court shall have the power to issue a certificate of good
conduct to any person previously convicted of a crime in any other
jurisdiction, when the Court is satisfied that:
(c) The minimum period of good conduct by the individual referred to
in paragraph (1) of subsection (a) of this Section, shall be as follows:
if the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; if
the most serious crime of which the individual was convicted is a felony, the minimum period of good conduct shall be 2 years.
Criminal acts committed outside the State
shall be classified as acts committed within the State based on the
maximum sentence that could have been imposed based upon the
conviction under the laws of the foreign jurisdiction. The minimum
period of good conduct by the individual shall be measured either from
the date of the payment of any fine imposed upon him or her, or from the
date of his or her release from custody by parole, mandatory supervised
release or commutation or termination of his or her sentence.
The Circuit Court shall have power and it shall be its duty to investigate all
persons when the application is made and to grant or deny the same
within a reasonable time after the making of the application.
(d) If the Circuit Court has issued a certificate of good
conduct, the Court may at any time issue a new certificate enlarging the
relief previously granted.
(e) Any certificate of good conduct issued by the Court to
an individual who at the time of the issuance of the certificate is under the
conditions of parole or mandatory supervised release imposed by the
Prisoner Review Board shall be deemed to be a temporary certificate until the time as the
individual is discharged from the terms of parole or mandatory
supervised release, and, while temporary, the certificate may be
revoked by the Court for violation of the conditions of parole or
mandatory supervised release. Revocation shall be upon
notice to the parolee or releasee, who shall be accorded an opportunity to
explain the violation prior to a decision on the revocation. If the certificate
is not so revoked, it shall become a permanent certificate upon expiration
or termination of the offender's parole or mandatory supervised release term.
(f) The Court shall, upon notice to a certificate holder, have the power to revoke a certificate of good conduct upon a subsequent conviction.
(Source: P.A. 99-381, eff. 1-1-16.)
(730 ILCS 5/5-5.5-35)
Sec. 5-5.5-35. Effect of revocation; use of revoked certificate.
(a) If a certificate of relief from disabilities is deemed to
be temporary and the certificate is revoked, disabilities and
forfeitures thereby relieved shall be reinstated as of the date
upon which the person to whom the certificate was issued receives
written notice of the revocation. Any such person shall upon
receipt of the notice surrender the certificate to the issuing
court.
(b) A person who knowingly uses or attempts to use a revoked
certificate of relief from disabilities in order to obtain or to
exercise any right or privilege that he or she would not be entitled to
obtain or to exercise without a valid certificate is guilty
of a Class A misdemeanor.
(Source: P.A. 96-852, eff. 1-1-10.)
(730 ILCS 5/5-5.5-40)
Sec. 5-5.5-40. Forms and filing.
(a) All applications, certificates, and orders of
revocation necessary for the purposes of this Article shall be upon forms
prescribed by the
Chief Justice of the Supreme Court or his or her designee. The forms
relating to certificates of relief from disabilities and certificates of good conduct shall be distributed by
the Director of the Division of Probation Services.
(b) Any court or board issuing or revoking any certificate under
this Article shall immediately file a copy of the certificate or of the
order of revocation with the Director of the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/5-5.5-45)
Sec. 5-5.5-45.
Certificate not to be deemed to be a pardon.
Nothing contained in this Article shall be deemed to alter or
limit or affect the manner of applying for pardons to the
Governor, and no certificate issued under this Article shall be deemed or
construed to be a pardon.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-50)
Sec. 5-5.5-50.
Report.
The Department of Professional Regulation
shall report to the General
Assembly by November 30 of each year, for each occupational licensure category,
the number of licensure applicants with felony convictions, the number of
applicants with certificates of relief from disabilities, the number of
licenses awarded
to applicants with felony convictions, the number of licenses awarded to
applicants with certificates of relief from disabilities, the number of
applicants with
felony convictions denied licenses, and the number of applicants with
certificates of relief from disabilities denied licenses.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/Ch. V Art. 6 heading)
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of probation and of conditional
discharge and disposition of supervision.
The General Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system of
structured, intermediate sanctions for violations of the terms and conditions
of a sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence
of probation or conditional discharge upon an offender
unless, having regard to the nature and circumstance of
the offense, and to the history, character and condition
of the offender, the court is of the opinion that:
The court shall impose as a condition of a sentence of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-6-4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion
that neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply to a defendant charged with a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the defendant within the past 12 months has been convicted of or pleaded guilty to a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision of the defendant,
if the defendant is not charged with: (i) a Class A misdemeanor, as
defined by the following provisions of the Criminal Code of 1961 or the Criminal Code of 2012: Sections
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section
24-1; (ii) a Class A misdemeanor violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or (iii)
a felony.
If the defendant
is not barred from receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after considering the
circumstances of the offense, and the history,
character and condition of the offender, if the court is of the opinion
that:
(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(d) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local
ordinance when the defendant has previously been:
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this Section.
(e) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Section 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if said
defendant has within the last 5 years been:
The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(f) The provisions of paragraph (c) shall not apply to a defendant
charged with: (1) violating Sections 15-111, 15-112, 15-301, paragraph (b)
of Section 6-104, Section 11-605, paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a similar provision of a local ordinance; or (2) committing a Class A misdemeanor under subsection (c) of Section 11-907 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this Section, the
provisions of paragraph (c) shall not apply to a
defendant charged with violating Section
3-707, 3-708, 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar provision of a local ordinance if the
defendant has within the last 5 years been:
The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(h) The provisions of paragraph (c) shall not apply to a defendant under
the age of 21 years charged with violating a serious traffic offense as defined
in Section 1-187.001 of the Illinois Vehicle Code:
(h-1) The provisions of paragraph (c) shall not apply to a defendant under the age of 21 years charged with an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, unless the defendant, upon payment of the fines, penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has been assigned supervision
for a violation of Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
Section 6-303 of the Illinois Vehicle Code or a similar provision of
a local ordinance when the revocation or suspension was for a violation of
Section 11-501 or a similar provision of a local ordinance or a violation of
Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle
Code if the
defendant has within the last 10 years been:
(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant's arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance.
The provisions of this paragraph (k) do not apply to a defendant charged with violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(l) (Blank).
(m) (Blank).
(n)
The provisions of paragraph (c) shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant's parent or legal guardian, executed before the presiding judge. The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.
(o)
The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the suspension was for a violation of Section 11-501.1 of the Illinois Vehicle Code and when:
(p) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance when the defendant has previously been:
(q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 or Section 11-601.5 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed that is 26 miles per hour or more in excess of the applicable maximum speed limit established under Chapter 11 of the Illinois Vehicle Code.
(r) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance if the violation was the proximate cause of the death of another and the defendant's driving abstract contains a prior conviction or disposition of court supervision for any violation of the Illinois Vehicle Code, other than an equipment violation, or a suspension, revocation, or cancellation of the driver's license.
(s) The provisions of paragraph (c) shall not apply to a defendant charged
with violating subsection (i) of Section 70 of the Firearm Concealed Carry Act.
(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)
(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
Sec. 5-6-2. Incidents of Probation and of Conditional Discharge.
(a) When an offender is sentenced to probation or conditional discharge,
the court shall impose a period as provided in Article 4.5 of Chapter V, and
shall specify the conditions under Section 5-6-3.
(b) Multiple terms of probation imposed at the same time shall run
concurrently.
(c) The court may at any time terminate probation or conditional
discharge if warranted by the conduct of the offender and the ends of
justice, as provided in Section 5-6-4.
(c-1) For purposes of this subsection (c-1), a "violent offense" means an offense in which bodily harm is inflicted or force is used against any person or threatened against any person; an offense involving sexual conduct, sexual penetration, or sexual exploitation; an offense involving domestic violence; an offense of domestic battery, violation of an order of protection, stalking, or hate crime; an offense of driving under the influence of drugs or alcohol; or an offense involving the possession of a firearm or dangerous weapon. An offender, other than an offender sentenced on a violent offense, shall be entitled to a time credit toward the completion of the offender's probation or conditional discharge as follows:
An offender's supervising officer shall promptly and as soon as practicable notify the court of the offender's right to time credits under this subsection (c-1). Upon receipt of this notification, the court shall enter an order modifying the offender's remaining period of probation or conditional discharge to reflect the time credit earned. If, before the expiration of the original period or a reduced period of probation or conditional discharge, the court, after a hearing under Section 5-6-4 of this Code, finds that an offender violated one or more conditions of probation or conditional discharge, the court may order that some or all of the time credit to which the offender is entitled under this Section be forfeited.
(d) Upon the expiration or termination of the period of probation or
of conditional discharge, the court shall enter an order discharging the
offender.
(e) The court may extend any period of probation or conditional
discharge beyond the limits set forth in Article 4.5 of Chapter V
upon
a violation of a condition of the probation or conditional discharge, for the
payment of an assessment required by Section 10.3 of the
Cannabis Control Act, Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, or for the payment of restitution as
provided by an order of restitution under Section 5-5-6 of this Code.
(e-5) If payment of restitution as ordered has not been made, the victim shall file a
petition notifying the sentencing court, any other person to whom restitution is owed, and
the State's Attorney of the status of the ordered restitution payments unpaid at least 90
days before the probation or conditional discharge expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date, unless the hearing
is voluntarily waived by the defendant with the knowledge that waiver may result in an
extension of the probation or conditional discharge period or in a revocation of probation or conditional discharge. If the court does not
extend probation or conditional discharge, it shall issue a judgment for the unpaid restitution and direct the clerk
of the circuit court to file and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment against the
defendant for the amount covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to the defendant at his or her last known
address written notification that a civil judgment has been issued for the unpaid
restitution.
(f) The court may impose a term of probation that is concurrent or consecutive to a term of imprisonment so long as the maximum term imposed does not exceed the maximum term provided under Article 4.5 of Chapter V or Article 8 of this Chapter. The court may provide that probation may commence while an offender is on mandatory supervised release, participating in a day release program, or being monitored by an electronic monitoring device.
(g) The court may extend a term of probation or conditional discharge that was concurrent to, consecutive to, or otherwise interrupted by a term of imprisonment for the purpose of providing additional time to complete an order of restitution.
(Source: P.A. 98-940, eff. 1-1-15; 98-953, eff. 1-1-15; 98-1114, eff. 8-26-14; 99-78, eff. 7-20-15.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional discharge.
(a) The conditions of probation and of conditional discharge shall be
that the person:
(b) The Court may in addition to other reasonable conditions relating to the
nature of the offense or the rehabilitation of the defendant as determined for
each defendant in the proper discretion of the Court require that the person:
(c) The court may as a condition of probation or of conditional
discharge require that a person under 18 years of age found guilty of any
alcohol, cannabis or controlled substance violation, refrain from acquiring
a driver's license during
the period of probation or conditional discharge. If such person
is in possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle during the
period of probation or conditional discharge, except as may be necessary in
the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional discharge
shall be given a certificate setting forth the conditions thereof.
(e) Except where the offender has committed a fourth or subsequent
violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code,
the court shall not require as a condition of the sentence of
probation or conditional discharge that the offender be committed to a
period of imprisonment in excess of 6 months.
This 6-month limit shall not include periods of confinement given pursuant to
a sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of probation or
conditional discharge shall not be committed to the Department of
Corrections.
(f) The court may combine a sentence of periodic imprisonment under
Article 7 or a sentence to a county impact incarceration program under
Article 8 with a sentence of probation or conditional discharge.
(g) An offender sentenced to probation or to conditional discharge and
who during the term of either undergoes mandatory drug or alcohol testing,
or both, or is assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs
incidental to such approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, involved in a successful probation program
for the county. The concurrence of the Chief Judge shall be in the form of
an administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(h) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence of
both courts. Further transfers or retransfers of
jurisdiction are also
authorized in the same manner. The court to which jurisdiction has been
transferred shall have the same powers as the sentencing court.
The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i). For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer,
all probation fees shall be paid to the probation department within the
circuit to which jurisdiction has been transferred.
(i) The court shall impose upon an offender
sentenced to probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition of such probation or conditional
discharge or supervised community service, a fee of $50
for each month of probation or
conditional
discharge supervision or supervised community service ordered by the court, unless after
determining the inability of the person sentenced to probation or conditional
discharge or supervised community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon
an offender who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit in the
probation and court services fund under Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this subsection (i) in excess of $25
per month unless the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay. Of the
amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
Public Act 93-970 deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
(i-5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the Child Passenger
Protection Act, or a similar provision of a local ordinance, shall be
collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(l) The court may order an offender who is sentenced to probation or conditional
discharge for a violation of an order of protection be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act,
Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012 where a disposition of supervision is not prohibited by Section
5-6-1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21-1.3 of the Criminal Code of
1961 or the Criminal Code of 2012 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(c-5) If payment of restitution as ordered has not been made, the victim shall file a
petition notifying the sentencing court, any other person to whom restitution is owed, and
the State's Attorney of the status of the ordered restitution payments unpaid at least 90
days before the supervision expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date, unless the hearing
is voluntarily waived by the defendant with the knowledge that waiver may result in an
extension of the supervision period or in a revocation of supervision. If the court does not
extend supervision, it shall issue a judgment for the unpaid restitution and direct the clerk
of the circuit court to file and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment against the
defendant for the amount covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to the defendant at his or her last known
address written notification that a civil judgment has been issued for the unpaid
restitution.
(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in clause (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or for a violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision 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 high school equivalency testing or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or high school equivalency testing if a fee is charged for those courses
or testing. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5-6-4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This subsection (k) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3-707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7-315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of 3 years after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection. This subsection does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender
Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (p), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(q) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (q), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(r) An offender placed on supervision for an offense under Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983) shall:
(s) An offender placed on supervision for an offense that is a sex offense as defined in Section 2 of the Sex Offender Registration Act that is committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses.
(t) An offender placed on supervision for a sex offense as defined in the Sex Offender
Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262) shall refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012.
(u) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred may impose probation fees upon receiving the transferred offender, as provided in subsection (i). The probation department from the original sentencing court shall retain all probation fees collected prior to the transfer.
(Source: P.A. 102-299, eff. 8-6-21.)
(730 ILCS 5/5-6-3.2) (from Ch. 38, par. 1005-6-3.2)
Sec. 5-6-3.2.
(a) In counties with populations of 2,000,000 or more
inhabitants, the court may, after consideration of the factors set forth
in paragraph (c), require as a condition of probation that a person participate
in the Probation Challenge Program. Upon imposing such condition on the
person, the court shall provide the person with the address of the Program's
offices and the name of the Counselor Supervisor of the Program, and require
that the person present himself to the Counselor Supervisor at such address
by the close of office hours on the immediately succeeding day during which
the Program maintains regular office hours. The clerk of the court shall
promptly notify the Counselor Supervisor of each person who has been required
to participate in the Program as a condition of his probation and the date
on which such condition was imposed. Whether a person is eligible for
entry into the Program is a judicial determination.
(b) The condition that the person participate in the Probation Challenge
Program includes the specific conditions that the person present himself
to the Counselor Supervisor of such Program pursuant to paragraph (a),
that the person punctually appear for all meetings scheduled between him
and any personnel of such Program, and that the person strictly comply
with all rules prescribed by the Board of City College of Chicago pursuant
to Section 12 of the Probation Challenge Program Act. Violation of any of
the specific conditions set forth in this paragraph shall not be grounds
for revocation of probation, except where such violation has resulted in
the person's expulsion from the Program.
(c) In determining whether to require that a person participate in the
Probation Challenge Program as a condition of his probation, the court should consider
(1) Whether the person demonstrates a desire to avoid future conduct of
the type which resulted in his being sentenced to a term of probation;
(2) Whether the type of assistance offered by the Probation Challenge
Program is best suited to the person's needs;
(3) Whether the person appears, in light of his age and history, to be
a likely candidate for rehabilitation;
(4) Whether the person has access to the economic resources, and is exposed
to the type of social influences, which would enable him to attain the
types of goals established for clients of the Probation Challenge Program
without his participating in the Program;
(5) Whether the person demonstrates potential for accomplishing the types
of goals which would be established for him were he a client of the Probation
Challenge Program; and
(6) The need for limiting the number of participants in the Probation
Challenge Program to a level which can be efficiently managed by the personnel
of such Program.
(d) Participation by a person in the Probation Challenge Program shall
be for the duration of the person's term of probation. In the event the
person successfully attains all the goals which have been established for
him by his counselor and instructor in the Probation Challenge Program,
the court may, on its own motion, on the motion of the person's probation
officer or at the request of the person, terminate the person's probation
if, in the opinion of the court, such action would best serve the interests
of the person and the ends of justice.
(e) A person shall be expelled from the Probation Challenge Program upon
his violating for the fourth time any of the conditions set forth in
paragraph (b). A person who has been expelled from the Probation Challenge Program
shall not subsequently participate in such Program absent compelling reasons
in favor of such subsequent participation.
(Source: P.A. 84-1426.)
(730 ILCS 5/5-6-3.3)
Sec. 5-6-3.3. Offender Initiative Program.
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive practices, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, obstructing justice, or an offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program.
(a-2) Exemptions. A defendant shall not be eligible for this Program if the offense he or she has been arrested for and charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both the defendant and State's Attorney waive preliminary hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963, the court
shall enter an order specifying that
the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(c-1) The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment pursuant to Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the
proceedings against the person.
(g) A person may only have one discharge and dismissal under
this Section within a 4-year period.
(h) Notwithstanding subsection (a-1), if the court finds that the defendant suffers from a substance abuse problem, then before the person participates in the Program under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of the Program under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of the Program, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to participate in the Program under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
(730 ILCS 5/5-6-3.4)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of, possession of less than 15 grams of a controlled substance; possession of
less than 15 grams of methamphetamine; or a probationable felony offense of possession of cannabis, theft, retail theft, forgery, deceptive practices, possession of a stolen motor vehicle, burglary, possession of burglary tools, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, an offense involving fraudulent identification, or obstructing justice; or possession of cannabis, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under this Section.
(a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the defendant:
(d) The court may, in addition to other conditions, require that the defendant:
(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) A person may only have one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that the defendant suffers from a substance abuse problem, then before the person is placed on probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to be placed on probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
(730 ILCS 5/5-6-3.5)
Sec. 5-6-3.5. Appropriations to the Department of Human Services for services under the Offender Initiative Program and Second Chance Probation.
(a) As used in this Section, "qualified program" means a program licensed, certified, or otherwise overseen by the Department of Human Services under the rules adopted by the Department.
(b) Subject to appropriation, the Department of Human Services shall, in collaboration with the appropriate State agency, contract with counties and qualified programs to reimburse the counties and qualified programs for the following:
(c) The Department of Human Services shall retain 5% of the moneys appropriated for the cost of administering the services provided by the Department.
(d) The Department of Human Services shall adopt rules and procedures for reimbursements paid to counties and qualified programs. Moneys received under this Section shall be in addition to moneys currently expended to provide similar services.
(e) Expenditure of moneys under this Section is subject to audit by the Auditor General.
(f) The Department of Human Services shall report to the General Assembly on or before January 1, 2016 and on or before each following January 1, for as long as the services are available, detailing the impact of existing services, the need for continued services, and any recommendations for changes in services or in the reimbursement for services.
(Source: P.A. 98-1124, eff. 8-26-14.)
(730 ILCS 5/5-6-3.6)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-6-3.6. First Time Weapon Offender Program.
(a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 100th General Assembly establishes a pilot program for first-time, non-violent offenders charged with certain weapons offenses. The General Assembly recognizes some persons, particularly young adults in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offender Program.
(b) A defendant is not eligible for this Program if:
(b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offender Program, the court shall consider the following:
(c) For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) and before January 1, 2024, whenever an eligible person pleads guilty to an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offender Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person.
(d) The Program shall be at least 18 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit.
(e) The conditions of the Program shall be that the defendant:
(f) The Program may, in addition to other conditions, require that the defendant:
(g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence.
(i) This Section is repealed on January 1, 2024.
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
(730 ILCS 5/5-6-3.8)
Sec. 5-6-3.8. Eligibility for programs restricted by felony background.
Any conviction entered prior to the effective date of this amendatory Act of the 101st General Assembly for:
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, modification or revocation of probation, of
conditional discharge or supervision or of a sentence of county impact
incarceration - hearing.
(a) Except in cases where
conditional discharge or supervision was imposed for a petty offense as
defined in Section 5-1-17, when a petition is filed charging a violation of
a condition, the court may:
Personal service of the petition for violation of probation or
the issuance of such warrant, summons or notice shall toll the period of
probation, conditional discharge, supervision, or sentence of
county impact incarceration until
the final determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county impact
incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged violation. The
court shall admit the offender to pretrial release pending the hearing unless the
alleged violation is itself a criminal offense in which case the
offender shall be admitted to pretrial release on such terms as are provided in the
Code of Criminal Procedure of 1963, as amended. In any case where an
offender remains incarcerated only as a result of his alleged violation of
the court's earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be held within
14 days of the onset of
said incarceration, unless the alleged violation is the commission of
another offense by the offender during the period of probation, supervision
or conditional discharge in which case such hearing shall be held within
the time limits described in Section 103-5 of the Code of Criminal
Procedure of 1963, as amended.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Probation, conditional discharge, periodic imprisonment and
supervision shall not be revoked for failure to comply with conditions
of a sentence or supervision, which imposes financial obligations upon the
offender unless such failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence, with or without modifying or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing.
If the court finds that the person has failed to successfully complete his or
her sentence to a county impact incarceration program, the court may impose any
other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial
sentencing,
except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender. If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge, of
supervision, or of a sentence of county impact incarceration may be
modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after
notice and a hearing.
(g) A judgment revoking supervision, probation, conditional
discharge, or a sentence of county impact incarceration is a final
appealable order.
(h) Resentencing after revocation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise. The amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration, an agent or
employee of the
supervising agency with the concurrence of his or
her
supervisor may serve on the defendant a Notice of Intermediate Sanctions.
The
Notice shall contain the technical violation or violations involved, the date
or dates of the violation or violations, and the intermediate sanctions to be
imposed. Upon receipt of the Notice, the defendant shall immediately accept or
reject the intermediate sanctions. If the sanctions are accepted, they shall
be imposed immediately. If the intermediate sanctions are rejected or the
defendant does not respond to the Notice, a violation of probation, conditional
discharge, supervision, or a sentence of county impact incarceration
shall be immediately filed with the court. The
State's Attorney and the sentencing court shall be notified of the Notice of
Sanctions. Upon successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision, or a
sentence of county impact incarceration or impose
additional sanctions for the same violation.
A notice of intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence of county
impact incarceration which could warrant an
additional, separate felony charge.
The intermediate sanctions shall include a term of home detention as provided
in Article 8A of Chapter V of this Code for multiple or repeat violations of
the terms and conditions of a sentence of probation, conditional discharge, or
supervision.
(j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.
(k)(1) On and after the effective date of this amendatory Act of the 101st General Assembly, this subsection (k) shall apply to arrest warrants in Cook County only. An arrest
warrant issued under paragraph (3) of subsection (a) when the underlying conviction is for the offense of theft, retail theft, or possession of a controlled substance shall
remain active for a period not to exceed 10 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. A motion to
extend the warrant shall be filed within one year before the warrant expiration date
and notice shall be provided to the
office of the sheriff.
(2) If a motion to extend a warrant issued under paragraph (3)
of subsection (a) is not filed,
the warrant shall be quashed and recalled as a
matter of law under paragraph (1) of this subsection (k) and
the wanted person's period of probation, conditional
discharge, or supervision shall terminate unsatisfactorily as
a matter of law.
(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)
(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
Sec. 5-6-4.1. Violation, modification or revocation of
conditional discharge or supervision - hearing.)
(a) In cases where a defendant was placed upon supervision or conditional
discharge for the commission of a petty offense, upon the oral or written
motion of the State, or on the court's own motion, which charges that a
violation of a condition of that conditional discharge or supervision has
occurred, the court may:
The oral motion, if the defendant is present, or the issuance of such warrant,
summons or notice shall toll the period of conditional discharge or supervision
until the final determination of the charge, and the term of conditional
discharge or supervision shall not run until the hearing and disposition
of the petition for violation.
(b) The Court shall admit the offender to pretrial release pending the hearing.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Conditional discharge or supervision shall not be revoked for failure
to comply with the conditions of the discharge or supervision which imposed
financial obligations upon the offender unless such failure is due to his
wilful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence or supervision with or without modifying
or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V
of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing.
(f) The conditions of conditional discharge and of
supervision may be modified by the court on motion of the probation
officer or on its own motion or at the request of the offender after
notice to the defendant and a hearing.
(g) A judgment revoking supervision is a final appealable order.
(h) Resentencing after revocation of conditional
discharge or of supervision shall be under Article 4. Time served on
conditional discharge or supervision shall be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise.
(Source: P.A. 101-652, eff. 1-1-23.)
(730 ILCS 5/Ch. V Art. 7 heading)
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of periodic imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released for
periods of time during the day or night or for periods of days, or both,
or if convicted of a felony, other than first degree murder, a Class X or
Class 1 felony, committed to any county, municipal, or regional
correctional or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court orders otherwise,
the particular times and conditions of release shall be determined by
the Department of Corrections, the sheriff, or the Superintendent of the
house of corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed to permit the
defendant to:
(c) Except where prohibited by other provisions of this Code,
the court may impose a sentence of periodic imprisonment for a
felony or misdemeanor on a person who is 17 years of age or older. The
court shall not impose a sentence of periodic imprisonment if it imposes
a sentence of imprisonment upon the defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a definite
term of from 3 to 4 years for a Class 1 felony, 18 to 30 months
for a Class 2 felony, and up to 18 months, or the longest sentence of
imprisonment that could be imposed for the offense, whichever is less, for
all other offenses; however, no person shall be sentenced to a term of
periodic imprisonment longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with that sentence
participate in a county work release program comparable to the work and day
release program provided for in Article 13 of Chapter III of this Code in State facilities. The term of the sentence shall be
calculated upon the basis of the duration of its term rather than upon
the basis of the actual days spent in confinement. No sentence
of periodic imprisonment shall be subject to the good time
credit provisions of Section 3-6-3 of this Code.
(e) When the court imposes a sentence of periodic imprisonment, it
shall state:
(f) The court may issue an order of protection pursuant to the
Illinois Domestic Violence Act of 1986 as a condition of a sentence of
periodic imprisonment. The Illinois Domestic Violence Act of 1986 shall
govern the issuance, enforcement and recording of orders of protection
issued under this Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for the case.
(f-5) An offender sentenced to a term of periodic imprisonment for a
felony sex
offense as defined in the Sex Offender Management Board Act shall be required
to undergo and successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act.
(g) An offender sentenced to periodic imprisonment who undergoes mandatory
drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable
fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall be in the
form of an administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing,
alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(h) All fees and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the
circuit clerk as provided under the Criminal and Traffic Assessment Act.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(i) A defendant at least 17 years of age who is
convicted of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted
of a misdemeanor or a felony and who is sentenced to a term of periodic
imprisonment may 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 receiving a
high school
diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program
approved by the court. The defendant sentenced to periodic imprisonment must
attend a public institution of education to obtain the educational or
vocational training required by this subsection (i). The defendant sentenced
to a term of periodic imprisonment shall be required to pay for the cost of the
educational courses or high school equivalency testing if a fee is charged for those courses or testing.
The court shall
revoke the sentence of periodic imprisonment of the defendant who wilfully
fails
to comply with this subsection (i). The court shall resentence the defendant
whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This
subsection (i) does not apply to a defendant who has a high school diploma or
has successfully passed high school equivalency testing. This subsection (i) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
Sec. 5-7-2. Modification and Revocation.
(a) A sentence of periodic imprisonment may be modified or revoked
by the court if:
(b) If the offender violates the order of periodic imprisonment, the
Department of Corrections, the sheriff, or the superintendent of the
house of corrections shall report such violation to the
court.
(c) The court shall not modify or revoke a sentence of periodic
imprisonment unless the offender has been given written notice and
afforded a hearing under Section 5-6-4. If the offender is
incarcerated as a result of his alleged violation of the court's
prior order, such hearing shall be held within 14 days of the
onset of said incarceration. Where a sentence of periodic
imprisonment is revoked, the court may impose any other sentence that
was available at the time of initial sentencing.
(Source: P.A. 95-35, eff. 1-1-08.)
(730 ILCS 5/5-7-3) (from Ch. 38, par. 1005-7-3)
Sec. 5-7-3.
Commitment.
(a) Commitment under a sentence of periodic imprisonment for a
misdemeanor shall be to the sheriff or the superintendent of the house of
corrections or workhouse.
(b) Commitment under a sentence of periodic imprisonment for a felony
may be under paragraph (a) of this Section or to the Department of
Corrections if the Director of the Department has certified that
appropriate facilities and personnel are available to administer sentences
of periodic imprisonment.
(c) The Director of the Department of Corrections may certify that an
appropriate institution has the facilities and personnel to administer
periodic imprisonment. Such certification shall be filed with the clerk of
the circuit court from which commitments to such institution will be
accepted. Any such certification may be revoked by filing a notice of
revocation with such clerk.
(d) The sheriff of any county may certify that an appropriate
institution has the facilities and personnel to administer periodic
imprisonment. Such certification shall be filed with the clerk of the
circuit court from which commitments to such institution will be accepted.
Any such certification may be revoked by filing a notice of revocation with such clerk.
(e) If the sheriff to whose custody a defendant is committed for a term of
periodic imprisonment certifies an institution under subsection (d), the
sheriff may contract, subject to the approval of the county board, with a
certified institution for the
housing of the offender in that institution, and while so placed the
offender shall be subject to the court's terms of imprisonment. The cost
of maintenance of such offender shall be paid by the county in which he was committed.
(f) Neither the State, any unit of local government or the sheriff of
the county to whose custody a defendant is committed, nor any officer or
employee thereof acting in the course of their official duties shall be
liable for any injury or loss which a person might suffer while residing at a
certified institution, nor shall they be liable for any tortious acts of
any offender housed at the certified institution, or for any tortious acts
of an officer or employee of such institution, except for wilful and wanton
misconduct or gross negligence on the part of such governmental unit,
officer or employee.
(Source: P.A. 85-1433.)
(730 ILCS 5/5-7-4) (from Ch. 38, par. 1005-7-4)
Sec. 5-7-4.
Continuation of Employment.
If the offender has been regularly employed, the Department of
Corrections, the sheriff, the superintendent of the house of correction or
workhouse, or the probation officer shall arrange for a continuation of
such employment. If the offender has not been regularly employed, every
reasonable effort shall be made to secure employment for such person, and
any person for whom employment is secured shall be paid a fair and
reasonable wage and shall not be required to work more than 8 hours per
day, nor more than 48 hours per week.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-7-5) (from Ch. 38, par. 1005-7-5)
Sec. 5-7-5.
Arrangement between Sheriffs for Employment.
The court may authorize the sheriff to whose custody a defendant is
committed, to arrange with another sheriff for the employment of the
offender in the latter's county, and while so employed to be in the latter
sheriff's custody but in other respects to be and continue subject to the
commitment. The cost of maintenance of such offender shall be paid by the
county in which he was committed. The Department of Corrections may
transfer an offender committed to it to another institution or facility of
the Department subject to the approval of the committing court.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6.
Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation.
(a) Every gainfully employed offender shall be responsible for managing his
or her earnings. The clerk of the circuit court shall have only those
responsibilities regarding an offender's earnings as are set forth in this
Section.
Every offender, including offenders who are sentenced to periodic
imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established, with the
concurrence of the chief judge of the judicial circuit, by the county board of
the county in which the offender is incarcerated. The concurrence of the chief
judge shall be in the form of an administrative order. In establishing the fee
for room and board consideration may be given to all costs incidental to the
incarceration of offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional charge, be
furnished with a meal to carry to work. Each week, on a day designated by the
clerk of the circuit court,
every offender shall pay the clerk the fees for the offender's room and board. Failure to pay the clerk
on the day designated shall result in the termination of the offender's
release.
All fees for room and board collected by the circuit court clerk shall be
disbursed into the county's General Corporate Fund.
By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be distributed
for the following purposes, in the order stated:
(b) If the offender has one or more dependents who are recipients of
financial assistance pursuant to the Illinois Public Aid Code, or who are
residents of a State hospital, State school or foster care facility
provided by the State, the court shall order the offender to turn over
all or a portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph
(a), distribute those earnings to the appropriate agency
as reimbursement for the cost of care of such dependents. The order shall
permit the Department of Human Services (acting as successor to the Illinois
Department of Public Aid under the Department of Human Services Act) or the
local governmental
unit, as the case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in their
behalf, upon removal of the dependents from the public aid rolls; and upon
such direction and removal of the recipients from the public aid rolls, the
Department of Human Services or the local governmental unit, as the
case requires, shall give written notice of such action to the court. Payments
received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall be deposited
into the General Revenue Fund of the State Treasury or General Assistance
Fund of the governmental unit, under Section 10-19 of the Illinois Public
Aid Code.
(c) The clerk of the circuit court shall keep individual accounts of all
money collected by him as required by this Article. He shall deposit all
moneys as trustee in a depository designated by the county board and shall
make payments required by the court's order from such trustee account. Such
accounts shall be subject to audit in the same manner as accounts of the
county are audited.
(d) If an institution or the Department of Corrections certifies to the
court that it can administer this Section with respect to persons committed
to it under this Article, the clerk of the court shall be relieved of its
duties under this Section and they shall be assumed by such institution or
the Department.
(Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
(730 ILCS 5/5-7-7) (from Ch. 38, par. 1005-7-7)
Sec. 5-7-7.
Jurisdiction.
The court which committed the offender to periodic imprisonment shall
retain jurisdiction over him during the term of commitment and may order a
diminution of the term if his conduct, diligence and general attitude merit
such diminution.
(Source: P.A. 77-2097.)
(730 ILCS 5/5-7-8) (from Ch. 38, par. 1005-7-8)
Sec. 5-7-8. Subsequent Sentences.
(a) The service of a sentence of imprisonment shall
satisfy any sentence of periodic imprisonment which was imposed on an
offender for an offense committed prior to the imposition of the
sentence. An offender who is serving a sentence of
periodic imprisonment at the time a sentence of
imprisonment is imposed shall be delivered to the custody of the
Department of Corrections to commence service of the
sentence immediately.
(b) If a sentence of imprisonment under Section 5-4.5-55, 5-4.5-60, or 5-4.5-65 (730 ILCS 5/5-4.5-55, 5/5-4.5-60, or 5/5-4.5-65)
is
imposed on an offender who is under a previously imposed sentence of
periodic imprisonment, such person shall commence service of the
sentence immediately. Where such sentence is for
a term in excess of 90 days, the service of such sentence shall satisfy
the sentence of periodic imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/Ch. V Art. 8 heading)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations:
(b) (Blank).
(c) (Blank).
(d) Subject to
earlier termination under Section 3-3-8, the parole or mandatory
supervised release term shall be written as part of the sentencing order and shall be as follows:
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on July 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact program.
(a) The Department may establish
and operate an impact
program for eligible offenders. If the court finds under
Section 5-4-1 that
an offender sentenced to a term of imprisonment for a felony may meet the
eligibility requirements of the Department, the court may in its
sentencing order
approve the offender for placement in the impact program
conditioned upon his acceptance in the program by the Department.
Notwithstanding the sentencing provisions of this Code, the sentencing
order also shall provide that if the Department accepts the offender in the
program and determines that the offender has successfully completed the
impact program, the sentence shall be reduced to time
considered served upon certification to the court by the Department that
the offender has successfully completed the program. In the event the
offender is not accepted for placement in the impact program
or the offender does not successfully complete the program,
his term of imprisonment shall be as set forth by the court in its sentencing
order.
(b) In order to be eligible to participate in the impact
program, the committed person shall meet all of the following requirements:
The Department may consider, among other matters, whether the
committed person has any outstanding detainers or warrants, whether the
committed person has a history of escaping or absconding, whether
participation in the impact program may pose a risk to the
safety or security of any person and whether space is available.
(c) The impact program shall include, among other matters, community service activities, cognitive behavioral programming, life skills, reentry planning,
education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention
of property and publications and access to television, radio and a library
may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact program
shall adhere to all Department rules and all requirements of the program.
Committed persons shall be informed of rules of behavior and conduct.
Disciplinary procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department seeks to revoke good time.
(f) Participation in the impact program shall be for a
period of one year to eighteen months. The period of time a committed person shall
serve in the impact program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory supervised
release as set forth in subsection (d) of Section 5-8-1.
(h) A committed person may be removed from the program for a violation
of the terms or conditions of the program or in the event he is for any
reason unable to participate. The Department shall promulgate rules and
regulations governing conduct which could result in removal from the
program, extend the period of time a committed person must serve in the program, or in a determination that the committed person has not
successfully completed the program. A committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation identified in paragraph (f). Committed persons shall have access to
such rules, which shall provide that a committed person shall receive
notice and have the opportunity to appear before and address one or more
hearing officers. A committed person may be transferred to any of the
Department's facilities prior to the hearing.
(i) The Department may terminate the impact program at any
time.
(j) The Department shall report to the Governor and the General Assembly
on or before September 30th of each year on the impact
program, including the composition of the program by the offenders, by
county of commitment, sentence, age, offense and race.
(k) The Department of Corrections shall consider the affirmative
action plan approved by the Department of Human Rights in hiring staff at
the impact facilities.
(l) The Department of Corrections shall advocate for the impact program. The Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county.
(Source: P.A. 102-629, eff. 1-1-22.)
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General Assembly that
certain non-violent offenders eligible for sentences of incarceration may
benefit from the rehabilitative aspects of a county impact incarceration
program. It is the intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not be construed
to allow violent offenders to participate in a county impact incarceration
program.
(b) Under the direction of the Sheriff and with the approval of the County
Board of Commissioners, the Sheriff, in any county with more than 3,000,000
inhabitants, may establish and operate a county impact incarceration program
for eligible offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility requirements of the
Sheriff's county impact incarceration program, the court may sentence the
offender to the county impact incarceration program. The Sheriff shall be
responsible for monitoring all offenders who are sentenced to the county impact
incarceration program, including the mandatory period of monitored release
following the 120 to 180 days of impact incarceration.
Offenders assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the Illinois Department of
Corrections are exempt from the provisions of this mandatory period of
monitored
release.
In the event the
offender is not accepted for placement in the county impact incarceration
program, the court shall proceed to sentence the offender to any other
disposition authorized by this Code.
If the offender does not successfully
complete the program, the offender's failure to do so shall constitute a
violation of the sentence to the county impact incarceration program.
(c) In order to be eligible to be sentenced to a county impact incarceration
program by the court, the person shall meet all of the following requirements:
(c-5) The county impact incarceration program shall include, among other
matters, mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention of
property and publications and access to television, radio, and a library may be
suspended or restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements for the program.
Persons shall be informed of rules of behavior and conduct. Persons
participating in the county impact incarceration program shall adhere to all
rules and all requirements of the program.
(f) Participation in the county impact incarceration program shall be for a
period of 120 to 180 days followed by a mandatory term of monitored release
for at least 8 months and no more than 12 months supervised by the Sheriff.
The period of time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The court may also
sentence the person to a period of probation to commence at the successful
completion of the county impact incarceration program.
(g) If the person successfully completes the county impact incarceration
program, the Sheriff shall certify the person's successful completion of the
program to the court and to the county's State's Attorney. Upon successful
completion of the county impact incarceration program and mandatory
term of monitored release and if there is an additional period of probation
given, the person shall at that time begin his or her probationary sentence
under the supervision of the Adult Probation Department.
(h) A person may be removed from the county impact incarceration program for
a violation of the terms or
conditions of the program or in the event he or she is for any reason unable to
participate. The failure to complete the program for any reason, including the
8 to 12 month monitored release period, shall be deemed a violation of the
county impact incarceration sentence. The Sheriff shall give notice to the
State's Attorney of the person's failure to complete the program. The Sheriff
shall file a petition for violation of the county impact incarceration sentence
with the court and the State's Attorney may proceed on the petition under
Section 5-6-4 of this Code. The Sheriff shall promulgate rules and regulations
governing conduct which could result in removal from the program or in a
determination that the person has not successfully completed the program.
The mandatory conditions of every county impact incarceration sentence
shall
include that the person either while in the program or during the period of
monitored release:
(i) The Sheriff may terminate the county impact incarceration program at
any time.
(j) The Sheriff shall report to the county board on or before September
30th of each year on the county impact incarceration program, including the
composition of the program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)
(730 ILCS 5/5-8-1.3)
Sec. 5-8-1.3. Pilot residential and transition treatment program for women.
(a) The General Assembly recognizes:
(b) Under the direction of the sheriff and with the approval of
the county board of commissioners, the sheriff, in any county with more
than 3,000,000 inhabitants, may operate a residential and
transition treatment program for women established by the Illinois Department
of Corrections if funding has been provided by federal, local or private
entities. If the court finds during the
sentencing hearing conducted under Section 5-4-1 that a woman convicted
of a felony meets the eligibility requirements of the sheriff's
residential and transition treatment program for women, the court may
refer the offender to the sheriff's residential and transition
treatment program for women for consideration as a participant as an
alternative to incarceration in the penitentiary. The sheriff shall be
responsible for supervising all women who are placed in the residential
and transition treatment program for women for the 12-month period. In
the event that the woman is not accepted for placement in the sheriff's
residential and transition treatment program for women, the court shall
proceed to sentence the woman to any other disposition authorized by
this Code. If the woman does not successfully complete the residential
and transition treatment program for women, the woman's failure to do
so shall constitute a violation of the sentence to the residential and
transition treatment program for women.
(c) In order to be eligible to be a participant in the pilot
residential and transition treatment program for women, the participant
shall meet all of the following conditions:
(d) The program may include a substance abuse treatment program
designed for women offenders, mental health, trauma, and medical
treatment; parenting skills and family relationship counseling, preparation for
a State of Illinois High School Diploma or vocational certificate; life skills program; job readiness and job
skill training, and a community transition development plan.
(e) With the approval of the Department of Corrections, the sheriff shall
issue requirements for the program and
inform the participants who shall sign an agreement to adhere to all
rules and all requirements for the pilot residential and transition
treatment program.
(f) Participation in the pilot residential and transition
treatment program for women shall be for a period not to exceed 12
months. The period may not be reduced by accumulation of good time.
(g) If the woman successfully completes the pilot residential
and transition treatment program for women, the sheriff shall notify
the Department of Corrections, the court, and
the State's
Attorney of the county of the woman's successful completion.
(h) A woman may be removed from the pilot residential and
transition treatment program for women for violation of the terms and
conditions of the program or in the event she is unable to participate.
The failure to complete the program shall be deemed a violation of the
conditions of the program. The sheriff shall give notice to the Department of
Corrections, the court, and the
State's Attorney of the woman's failure to complete the program.
The
Department of Corrections or its designee shall file a petition alleging that
the woman has violated the
conditions of the program with the court. The State's Attorney may
proceed on the petition under Section 5-4-1 of this Code.
(i) The conditions of the pilot residential and transition treatment
program for women shall include that the woman while in the program:
(j) The Department of Corrections or the sheriff may terminate the program
at any time by mutual agreement or with 30 days prior written notice by either
the Department of Corrections or the sheriff.
(k) The Department of Corrections may enter into a joint contract with a
county with more than 3,000,000 inhabitants to establish and operate a pilot
residential and treatment program for women.
(l) The Director
of the Department of Corrections shall have the authority to develop rules to
establish and operate a pilot residential and treatment program for women that
shall include criteria for selection of the participants of the program in
conjunction and approval by the sentencing court. Violent crime offenders are
not eligible to participate in the program.
(m) The Department shall report to the Governor and the General Assembly
before September 30th of each year on the pilot residential and treatment
program for women, including the composition of the program by offenders,
sentence, age, offense, and race. Reporting is only required if the pilot residential and treatment program for women is operational.
(n) The Department of Corrections or the sheriff may terminate the program
with 30 days prior written notice.
(o) A county with more than 3,000,000 inhabitants is authorized to apply
for funding from federal, local or private entities to create a Residential
and Treatment Program for Women. This sentencing option may not go into
effect until the funding is secured for the program and the program has been
established.
(Source: P.A. 102-1100, eff. 1-1-23.)
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an
offender to a term of imprisonment in excess of the maximum
sentence authorized by Article 4.5 of Chapter V for an offense or offenses within the class of the most
serious offense of which the offender was convicted unless the
factors in aggravation set forth in Section
5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present.
If the pre-trial and trial proceedings were
conducted in compliance with subsection (c-5) of Section 111-3 of the Code of
Criminal Procedure of 1963, the judge may sentence an offender to an extended term as provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
(730 ILCS 5/5-8-3)
Sec. 5-8-3. (Repealed).
(Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-8-4. Concurrent and consecutive terms of imprisonment.
(a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a
misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence.
(c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances:
(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a
sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum
and aggregate minimum of consecutive sentences shall be determined as follows:
(g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following:
(h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-8-4. Concurrent and consecutive terms of imprisonment.
(a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a
misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence.
(c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances:
(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a
sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum
and aggregate minimum of consecutive sentences shall be determined as follows:
(g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following:
(h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
Sec. 5-8-5.
Commitment of the Offender.
Upon rendition of judgment after pronouncement of a sentence of periodic
imprisonment, imprisonment, or death, the court shall commit the offender
to the custody of the sheriff or to the Department of Corrections. A
sheriff in executing an order for commitment to the Department
of Corrections shall convey such offender to the nearest receiving station
designated by the Department of Corrections. The court may commit the
offender to the custody of the Attorney General of the United States under
Section 5-8-6 when a sentence for a State offense provides that such
sentence is to run concurrently with a previous and unexpired federal
sentence. The expense of conveying a person committed by the juvenile court
or an offender convicted of a felony shall be paid by the State. The expenses
in all other cases shall be paid by the county of the committing court.
(Source: P.A. 84-551.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement.
(a) Except as otherwise provided in this subsection (a), offenders sentenced to a term
of imprisonment for a felony shall be committed to the penitentiary
system of the Department of Corrections.
However, such sentence shall
not limit the powers of the Department of Children and Family Services
in relation to any child under the age of one year in the sole custody
of a person so sentenced, nor in relation to any child delivered by a
female so sentenced while she is so confined as a consequence of such
sentence. Except as otherwise provided in this subsection (a), a person sentenced for a felony may be assigned by the
Department of Corrections to any of its institutions, facilities or
programs. An offender sentenced to a term of imprisonment for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, in which the sentencing order indicates that the offender has less than 4 months remaining on his or her sentence accounting for time served may not be confined in the penitentiary
system of the Department of Corrections but may be assigned to electronic home detention under Article 8A of this Chapter V, an adult transition center, or another facility or program within the Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less than one
year shall be committed to the custody of the sheriff. A person committed to the
Department of Corrections, prior to July 14, 1983, for less than one
year may be assigned by the
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to imprisonment
shall be committed to the Department of Juvenile Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part of such
commitment as fully as though written in the order of commitment. The place of confinement for sentences imposed before the effective date of this amendatory Act of the 99th General Assembly are not affected or abated by this amendatory Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of Corrections
for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of imprisonment
concurrent with a previous and unexpired sentence of imprisonment
imposed by any district court of the United States, it may commit the
offender to the custody of the Attorney General of the United States.
The Attorney General of the United States, or the authorized
representative of the Attorney General of the United States, shall be
furnished with the warrant of commitment from the court imposing
sentence, which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by parole or by
termination of sentence, the offender shall be transferred by the
Sheriff of the committing county to the Department of
Corrections. The
court shall cause the Department to be notified of such sentence at the
time of commitment and to be provided with copies of all records
regarding the sentence.
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/5-8-7)
Sec. 5-8-7. (Repealed).
(Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-8-8)
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
(a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council.
(b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois.
In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of this Code:
(c) Council composition.
(d) Duties. The Council shall perform, as resources permit, duties including:
(e) Authority.
(f) Report. The Council shall report in writing annually to the General Assembly, the Illinois Supreme Court, and the Governor.
(g) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17; 101-279, eff. 8-9-19.)
(730 ILCS 5/Ch. V Art. 8A heading)
(730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1)
Sec. 5-8A-1. Title. This Article shall be known and may be cited as
the Electronic Monitoring and Home Detention Law.
(Source: P.A. 99-797, eff. 8-12-16.)
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device approved by
the supervising authority which is primarily intended to record or transmit
information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means.
An approved electronic monitoring device may record or transmit: oral or
wire communications or an auditory sound; visual images; or information
regarding the offender's activities while inside the offender's home.
These devices are subject to the required consent as set forth in Section
5-8A-5 of this Article.
An approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring device, or the
participant and the person supervising the participant solely for the
purpose of identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice.
(A-20) "Electronic monitoring" means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority.
(B) "Excluded offenses" means first degree murder, escape, predatory
criminal sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or
possessing a firearm, ammunition or explosive in a penal institution, any
"Super-X" drug offense or calculated criminal drug conspiracy or streetgang
criminal drug conspiracy, or any predecessor or successor offenses with the
same or substantially the same elements, or any inchoate offenses relating to
the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender.
(C) "Home detention" means the confinement of a person convicted or
charged with an offense to his or her place of residence under the terms
and conditions established by the supervising authority. Confinement need not be 24 hours per day to qualify as home detention, and significant restrictions on liberty such as 7pm to 7am curfews shall qualify. Home confinement may or may not be accompanied by electronic monitoring, and electronic monitoring is not required for purposes of sentencing credit.
(D) "Participant" means an inmate or offender placed into an
electronic monitoring program.
(E) "Supervising authority" means the Department of Corrections, the Department of Juvenile Justice,
probation department, a Chief Judge's office, pretrial services division or department, sheriff, superintendent of
municipal house of corrections or any other officer or agency charged with
authorizing and supervising electronic monitoring and home detention.
(F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances
Act.
(G) "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender.
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person charged with
or convicted of an
excluded offense may not be placed in an electronic monitoring or home
detention program, except for bond pending trial or appeal or while on parole, aftercare release,
or mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class 1 felony,
other than an excluded offense, may be placed in an electronic monitoring or home detention
program for a period not to exceed the last 90 days of incarceration.
(c) A person serving a sentence for a conviction
of a Class X felony, other than an excluded offense, may be placed
in an electronic monitoring or home detention program for a period not to exceed the last 90
days of incarceration, provided that the person was sentenced on or after August 11, 1993 (the
effective date of Public Act 88-311) and provided that the court has
not prohibited the program for the person in the sentencing order.
(d) A person serving a sentence for conviction of an offense other than
for predatory criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
criminal sexual abuse, or felony criminal sexual abuse, may be placed in an
electronic monitoring or home detention program for a period not to exceed the last 12 months
of incarceration, provided that (i) the person is 55 years of age or older;
(ii) the person is serving a determinate sentence; (iii) the person has served
at least 25% of the sentenced prison term; and (iv) placement in an electronic
monitoring or home detention program is approved by the Prisoner Review Board or the Department of Juvenile Justice.
(e) A person serving a sentence for conviction
of a Class 2, 3, or 4 felony offense which is not an excluded offense may be
placed in an
electronic monitoring or home detention program pursuant to Department administrative
directives. These directives shall encourage inmates to apply for electronic detention to incentivize positive behavior and program participation prior to and following their return to the community, consistent with Section 5-8A-4.2 of this Code. These directives shall not prohibit application solely for prior mandatory supervised release violation history, outstanding municipal warrants, current security classification, and prior criminal history, though these factors may be considered when reviewing individual applications in conjunction with additional factors, such as the applicant's institution behavior, program participation, and reentry plan.
(f) Applications for electronic monitoring or home detention
may include the following:
(g) A person convicted of an offense described in clause (4) or (5) of
subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic monitoring or
home detention program for at least the first 2 years of the person's mandatory
supervised release term.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. 1-8-18.)
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising authority may
promulgate rules that prescribe reasonable guidelines under which an
electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include,
but not be limited to, the following:
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape.
(a) A person charged with a felony,
or charged with an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic
monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class 3 felony.
(b) A person charged with or convicted of a misdemeanor,
or charged with an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic
monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class B misdemeanor.
(c) A person who violates this Section while armed with a dangerous weapon
is guilty of a Class 1 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8A-4.2)
Sec. 5-8A-4.2. Successful transition to the community.
(a) The Department shall engage in reentry planning to include individualized case planning for persons preparing to be released to the community. This planning shall begin at intake and be supported throughout the term of incarceration, with a focused emphasis in the year prior to the inmate's mandatory statutory release date. All inmates within one year of their mandatory statutory release data shall be deemed to be in reentry status. The Department shall develop administrative directives to define reentry status based on the requirements of this Section.
(b) The Department shall develop incentives to increase program and
treatment participation,
positive behavior, and readiness to change.
(c) The Department shall coordinate with, and provide access at the point of release for, community partners and State and local government agencies to support successful transitions through assistance in planning and by providing appropriate programs to inmates in reentry status. The Department shall work with community partners and appropriate state agencies to
support the successful transitions through assistance in
planning and by providing appropriate
programs to persons prior to release. Release planning shall include, but is not limited to:
(d) The Illinois Housing Development Authority shall create a Frequent Users Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program for the most vulnerable persons exiting the Department of Corrections. The Re-Entry rental subsidy supportive housing program shall be targeted to persons with disabilities who have a history of incarcerations, hospitalizations, and homelessness. The Illinois Housing Development Authority, the Department of Human Services Statewide Housing Coordinator, stakeholders, and the Department of Corrections shall adopt policies and procedures for the FUSE Re-Entry rental subsidy supportive housing program including eligibility criteria, geographic distribution, and documentation requirements which are similar to the Rental Housing Support Program. The funding formula for this program shall be developed by calculating the number of prison bed days saved through the timely releases that would not be possible but for the Re-Entry rental subsidy supportive housing program. Funding shall include administrative costs for the Illinois Housing Development Authority to operate the program.
(e) The Department shall report to the General Assembly on or before January 1, 2019, and annually thereafter, on
these activities to support successful transitions to the community. This report shall include the
following information regarding persons released from the Department:
(Source: P.A. 100-575, eff. 1-8-18.)
(730 ILCS 5/5-8A-4.15)
Sec. 5-8A-4.15. Failure to comply with a condition of the electronic monitoring or home detention program.
(a) A person charged with a felony or misdemeanor, or charged with an act that, if committed by an adult, would constitute a felony, or misdemeanor, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly and intentionally violates a condition of the electronic monitoring or home detention program without notification to the proper authority is subject to sanctions as outlined in Section 110-6.
(b) A person who violates a condition of the electronic monitoring or home detention program by knowingly and intentionally removing, disabling, destroying, or circumventing the operation of an approved electronic monitoring device shall be subject to penalties for escape under Section 5-8A-4.1.
(Source: P.A. 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before entering an order for
commitment for electronic monitoring, the supervising authority shall
inform the participant and other persons residing in the home of the nature
and extent of the approved electronic monitoring devices by doing the
following:
This Section does not apply to persons subject to electronic monitoring or home detention as a term or condition of parole, aftercare release, or mandatory supervised release
under subsection (d) of Section 5-8-1 of this Code.
(Source: P.A. 99-797, eff. 8-12-16; 100-201 eff. 8-18-17; 100-431, eff. 8-25-17.)
(730 ILCS 5/5-8A-5.1)
Sec. 5-8A-5.1. Public notice of release on electronic monitoring or home detention. The Department of Corrections must make identification information and a recent photo of an inmate being placed on electronic monitoring or home detention under the provisions of this Article accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release on electronic monitoring or home detention, and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(Source: P.A. 99-797, eff. 8-12-16.)
(730 ILCS 5/5-8A-6)
Sec. 5-8A-6. Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012, in a court order, or as a condition of the offender's parole, mandatory supervised release, or extended mandatory supervised release and the offender's departure from specified geographic limitations. To the extent that he or she is able to do so, which the Department of Corrections by rule shall determine, the offender must pay for the cost of the electronic monitoring.
(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
(730 ILCS 5/5-8A-7)
Sec. 5-8A-7. Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, Department of Juvenile Justice, or court (the supervising authority) orders electronic surveillance as a condition of parole, aftercare release, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of pretrial release for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have real-time and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach. The supervising authority may also require that the electronic surveillance ordered under this Section monitor the consumption of alcohol or drugs.
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
(730 ILCS 5/5-8A-8)
Sec. 5-8A-8. Service of a minimum term of imprisonment. When an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic monitoring or home detention program for service of that minimum term of imprisonment unless (i) the offender was convicted of an excluded offense or (ii) the court's sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility.
(Source: P.A. 98-161, eff. 1-1-14; 99-797, eff. 8-12-16.)
(730 ILCS 5/5-8A-9)
Sec. 5-8A-9. Electronic monitoring by probation departments. If the supervising authority is a probation department, the Chief Judge of the circuit court may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees and shall not unduly burden the offender and shall be subject to review by the Chief Judge of the circuit court.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(Source: P.A. 99-797, eff. 8-12-16.)
(730 ILCS 5/Ch. V Art. 9 heading)
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a
fine as provided in Article 4.5 of Chapter V.
(b) (Blank).
(c) (Blank).
(c-5) (Blank).
(c-7) (Blank).
(c-9) (Blank).
(d) In determining the amount and method of payment of a fine, except
for those fines established for violations of Chapter 15 of the Illinois
Vehicle Code, the court shall consider:
(e) The court may order the fine to be paid forthwith or within a
specified period of time or in installments.
(f) (Blank).
(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
Sec. 5-9-1.1. (Repealed).
(Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)
(730 ILCS 5/5-9-1.1-5)
Sec. 5-9-1.1-5. (Repealed).
(Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
Sec. 5-9-1.2. (a) Twelve and one-half percent of all amounts collected
as fines pursuant to Section 5-9-1.1 shall be paid into the Youth Drug
Abuse Prevention Fund, which is hereby created in the State treasury, to be
used by the Department of Human Services
for the funding of
programs and services for drug-abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines
received pursuant to Section 5-9-1.1 shall be transmitted to and deposited
in the treasurer's office at the level of government as follows:
(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund. Monies from this fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; and to defray costs and
expenses
associated with returning violators of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in those Acts, when
punishment of the crime shall be confinement of the criminal in the
penitentiary. Moneys in the Drug Traffic Prevention Fund deposited from
fines
awarded
as a direct result of enforcement efforts of the Illinois Conservation Police
may be used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws regulating controlled substances
and cannabis on Department of Natural Resources regulated lands and
waterways. All other monies shall be paid into the general revenue
fund in the State treasury.
(d) There is created in the State treasury the Methamphetamine Law Enforcement Fund. Moneys in the Fund shall be equitably allocated to local law enforcement agencies to: (1) reimburse those agencies for the costs of securing and cleaning up sites and facilities used for the illegal manufacture of methamphetamine; (2) defray the costs of employing full-time or part-time peace officers from a Metropolitan Enforcement Group or other local drug task force, including overtime costs for those officers; and (3) defray the costs associated with medical or dental expenses incurred by the county resulting from the incarceration of methamphetamine addicts in the county jail or County Department of Corrections.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
Sec. 5-9-1.3. Fines for offenses involving theft, deceptive practices, and
offenses against units of local government or school districts.
(a) When a person
has been adjudged guilty of a felony under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 17-1, 17-50, 17-51, 17-52, 17-52.5, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the court in an amount which is the greater of $25,000 or twice
the value of the property which is the subject of the offense.
(b) When a person has been convicted of a felony under Section 16-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 and the theft was committed upon any unit of local
government or school district, or
the person has been convicted of any violation of Sections 33C-1 through 33C-4
or Sections 33E-3 through 33E-18, or subsection (a), (b), (c), or (d) of Section 17-10.3, of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the
court in an amount that is the greater of $25,000 or treble the value of the
property which is the subject of the offense or loss to the unit of local
government or school district.
(c) All fines imposed under subsection (b) of this Section shall be
distributed as follows:
(d) A fine order under subsection (b) of this Section is a judgment lien in
favor of the victim unit of local government or school district, the State's
Attorney of the county where
the
violation
occurred, the law enforcement agency that investigated the violation, and the
circuit court clerk.
(Source: P.A. 96-1200, eff. 7-22-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to the provisions
of the Juvenile Court Act of 1987, any minor adjudicated delinquent for an
offense
which if committed by an adult would constitute a violation of the Cannabis
Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis assessment of $100
for each
adjudication.
Upon verified petition of the minor, the court may suspend payment of
all or part of the assessment if it finds that the minor does not have the ability
to pay the assessment.
The parent, guardian, or legal custodian of the minor may pay
some or all of such assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(f) The analysis assessment provided for in subsection (c) of this
Section shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
analysis assessment shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
Sec. 5-9-1.5. (Repealed).
(Source: P.A. 93-810, eff. 1-1-05. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.6) (from Ch. 38, par. 1005-9-1.6)
Sec. 5-9-1.6.
(Repealed).
(Source: P.A. 87-895. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have the following
meanings ascribed to them:
(b) (Blank).
(c) Sexual Assault Services Fund; administration. There is created a
Sexual Assault Services Fund. Moneys deposited into the Fund under Section 15-20 and 15-40 of the Criminal and Traffic Assessment Act shall be appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services Fund, the Department
of Public Health shall make grants of these moneys from the Fund to sexual
assault organizations with whom the Department has contracts for the purpose of
providing community-based services to victims of sexual assault. Grants made
under this Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.8)
Sec. 5-9-1.8. Child pornography fines. Beginning July 1, 2006, 100% of the fines in
excess of $10,000 collected for violations of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012 shall be deposited into the Child Abuse Prevention Fund. Moneys in the Fund resulting from the fines
shall be for the use of the
Department of Children and Family Services for grants to private entities
giving treatment and counseling to victims of child sexual abuse.
(Source: P.A. 102-1071, eff. 6-10-22.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory substantially
funded by a single unit or combination of units of local government or the
State of
Illinois that regularly employs at least one person engaged in the DUI
analysis of blood, other bodily substance, and urine for criminal justice agencies in criminal matters
and provides testimony with respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily substance, or urine for purposes of
determining whether a violation of Section 11-501 of the Illinois Vehicle Code
has occurred.
(b) (Blank).
(c) In addition to any other disposition made under the provisions of
the Juvenile Court Act of 1987, any minor adjudicated delinquent for an offense
which if committed by an adult would constitute a violation of Section 11-501
of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment
of $150 for each adjudication. Upon verified petition of the minor, the
court may suspend payment of all or part of the assessment if it finds
that the minor does not have the ability to pay the assessment. The parent, guardian,
or legal custodian of the minor may pay some or all of the assessment on the minor's
behalf.
(d) All crime laboratory DUI analysis assessments provided for by this Section
shall
be collected by the clerk of the court and forwarded to the appropriate crime
laboratory DUI fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(f) The analysis assessment provided for in subsection (c) of this Section
shall be forwarded to the office of the treasurer of the unit of local
government that performed the analysis if that unit of local government has
established a crime laboratory DUI fund, or remitted to the State Treasurer for deposit
into the State Crime Laboratory Fund if the analysis was
performed by a
laboratory operated by the Illinois State Police. If the analysis was
performed by a crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory DUI fund has been
established in that county. If the unit of local government or combination of
units of local government has not established a crime laboratory DUI fund, then
the analysis assessment shall be remitted to the State Treasurer for deposit into
the State Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory DUI fund created under
paragraphs (1) and (2) of subsection (e) of this Section shall be in addition
to any allocations made pursuant to existing law and shall be designated for
the exclusive use of the crime laboratory. These uses may include, but are not
limited to, the following:
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by
State crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made according to existing law
and shall be designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of this Section.
(i) Notwithstanding any other provision of law to the contrary and in addition to any other transfers that may be provided by law, on June 17, 2021 (the effective date of Public Act 102-16), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Police DUI Fund into the State Police Operations Assistance Fund. Upon completion of the transfer, the State Police DUI Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-9-1.10)
Sec. 5-9-1.10. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.11)
Sec. 5-9-1.11. Domestic Violence Abuser Services Fund.
(a) (Blank).
(b) Domestic Violence Abuser Services Fund; administration. There is
created a Domestic Violence Abuser Services Fund in the State Treasury. Moneys
deposited into the Fund under Section 15-70 of the Criminal and Traffic Assessments Act shall be appropriated to the
Department of Human Services for the purpose of providing services specified by
this Section. Upon appropriation
of moneys from the Domestic Violence Abuser Services Fund, the
Department of Human Services shall set aside 10% of all
appropriated funds for the purposes of program training, development and
assessment. The Department shall make grants of all remaining moneys from the
Fund to qualified domestic violence abuser services programs through a
competitive application process. A "qualified domestic violence abuser
services program" is one which the Department determines is in compliance with
protocols for abuser services promulgated by the Department. To the extent
possible the Department shall ensure that moneys received from penalties
imposed by courts in judicial districts are returned to qualified abuser
services programs serving those districts.
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.12)
Sec. 5-9-1.12. (Repealed).
(Source: P.A. 97-901, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.13)
Sec. 5-9-1.13. Applications for transfer to other states.
A person
subject to conditions of probation, parole, or mandatory supervised release who
seeks to transfer to another state subject to the Interstate Compact for Adult
Offender Supervision must make provisions for the payment of any
restitution awarded by the circuit court and pay a fee of $125 to the proper
administrative or judicial authorities before being granted the transfer, or
otherwise arrange for payment. The fee payment from persons subject to a
sentence of probation shall be deposited into the general fund of the county in
which the circuit has jurisdiction. The fee payment from persons subject to
parole or mandatory supervised release shall be deposited into the General
Revenue
Fund. The proceeds of this fee shall be used to defray the costs of the
Department of Corrections or county sheriff departments, respectively, who will
be required to retrieve offenders that violate the terms of their transfers to
other states. Upon return to the State of Illinois, these persons shall also
be subject to reimbursing either the State of Illinois or the county for the
actual costs of returning them to Illinois.
(Source: P.A. 95-331, eff. 8-21-07.)
(730 ILCS 5/5-9-1.14)
Sec. 5-9-1.14. (Repealed).
(Source: P.A. 98-359, eff. 1-1-14. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.15)
Sec. 5-9-1.15. (Repealed).
(Source: P.A. 101-571, eff. 8-23-19. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.16)
Sec. 5-9-1.16. Protective order violation service provider fees.
(a) (Blank).
(b)
(Blank).
(c) The supervising authority of a domestic violence surveillance program under Section 5-8A-7 of this Act shall assess a person either convicted of, or charged with, the violation of an order of protection an additional service provider fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program. If the court finds that the fee would impose an undue burden on the victim, the court may reduce or waive the fee. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fee.
When the supervising authority is the court or the probation and court services department, the fee shall be collected by the circuit court clerk. The clerk of the circuit court shall pay all monies collected from this fee and all other required probation fees that are assessed to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probations Officers Act. In counties with a population of 2 million or more, when the supervising authority is the court or the probation and court services department, the fee shall be collected by the supervising authority. In these counties, the supervising authority shall pay all monies collected from this fee and all other required probation fees that are assessed, to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit into the Department of Corrections Reimbursement and Education Fund.
(d) (Blank).
(e) (Blank).
(Source: P.A. 99-933, eff. 1-27-17; 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.17)
Sec. 5-9-1.17. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.18)
Sec. 5-9-1.18. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.19)
Sec. 5-9-1.19. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.20)
Sec. 5-9-1.20. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.21)
Sec. 5-9-1.21. Specialized Services for Survivors of Human Trafficking Fund.
(a) There is created in the State treasury a Specialized Services for Survivors of Human Trafficking Fund. Moneys deposited into the Fund under this Section shall be available for the Department of Human Services for the purposes in this Section.
(b) (Blank).
(c) (Blank).
(d) Upon appropriation of moneys from the Specialized Services for Survivors of Human Trafficking Fund, the Department of Human Services shall use these moneys to make grants to non-governmental organizations to provide specialized, trauma-informed services specifically designed to address the priority service needs associated with prostitution and human trafficking. Priority services include, but are not limited to, community based drop-in centers, emergency housing, and long-term safe homes. The Department shall consult with prostitution and human trafficking advocates, survivors, and service providers to identify priority service needs in their respective communities.
(e) Grants made under this Section are in addition to, and not substitutes for, other grants authorized and made by the Department.
(f) Notwithstanding any other law to the contrary, the Specialized Services for Survivors of Human Trafficking Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Specialized Services for Survivors of Human Trafficking Fund into any other fund of the State.
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.22)
Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who is convicted or receives a disposition of court supervision for a violation of
Section 11-501 of the Illinois Vehicle Code shall, in addition to any other
disposition, penalty, or fine imposed, pay a fee of
$50 which shall
be collected by the clerk of the court and then remitted to the State Treasurer for deposit into the Roadside Memorial Fund, a special fund that is created in the State treasury. However, the court may waive the fee if full restitution is complied with. Subject to appropriation, all moneys in the Roadside Memorial Fund shall be used by the Department of Transportation to pay fees imposed under subsection (f) of Section 20 of the Roadside Memorial Act.
This Section is substantially the same as Section
5-9-1.18 of the Unified Code of Corrections, which Section was repealed by
Public Act 100-987, and shall be construed as a
continuation of the fee established by that prior law, and not as a new or different
fee.
(Source: P.A. 101-10, eff. 6-5-19; 102-278, eff. 8-6-21.)
(730 ILCS 5/5-9-2) (from Ch. 38, par. 1005-9-2)
Sec. 5-9-2.
Revocation of a Fine.
Except as to fines established for
violations of Chapter 15 of the Illinois Vehicle Code, the court, upon good
cause shown, may revoke the fine or the unpaid portion or may modify the
method of payment.
(Source: P.A. 87-396.)
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) An offender who defaults in the payment of a fine or
any
installment of that fine may be held in contempt and imprisoned for nonpayment. The
court may issue a summons for his appearance or a warrant of arrest.
(b) Unless the offender shows that his default was not due to his
intentional refusal to pay, or not due to a failure on his part to make a
good faith effort to pay, the court may order the offender imprisoned for a
term not to exceed 6 months if the fine was for a felony, or 30 days if the
fine was for a misdemeanor, a petty offense or a business offense. Payment
of the fine at any time will entitle the offender to be released, but
imprisonment under this Section shall not satisfy the payment of the fine.
(c) If it appears that the default in the payment of a fine is not
intentional under paragraph (b) of this Section, the court may enter an
order allowing the offender additional time for payment, reducing the
amount of the fine or of each installment, or revoking the fine or the
unpaid portion.
(d) When a fine is imposed on a corporation or unincorporated
organization or association, it is the duty of the person or persons
authorized to make disbursement of assets, and their superiors, to pay the
fine from assets of the corporation or unincorporated organization or
association. The failure of such persons to do so shall render them subject
to proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof
may be
collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain
attorneys and private collection agents for the purpose of collecting any
default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof. An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court. The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.
(Source: P.A. 98-373, eff. 1-1-14.)
(730 ILCS 5/5-9-4) (from Ch. 38, par. 1005-9-4)
Sec. 5-9-4.
Order of Withholding.
The court may enter an order of
withholding to collect the amount of a fine imposed on an offender in
accordance with Part 8 of Article XII of the Code of Civil Procedure.
(Source: P.A. 87-609.)