| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/5-7-1 (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:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed | | occupation including housekeeping;
|
|
(4) attend to family needs;
(5) attend an educational institution, including
| |
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
| | regional correctional or detention institution or facility;
|
|
(8) continue to reside at home with or without
| | supervision involving the use of an approved electronic monitoring device, subject to Article 8A of Chapter V; or
|
|
(9) for any other purpose determined by the court.
(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:
(1) the term of such sentence;
(2) the days or parts of days which the defendant is
| |
(3) the conditions.
(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
(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:
(1) the offender commits another offense; or
(2) the offender violates any of the conditions of | |
(3) the offender violates any rule or regulation of
| | the institution, agency or Department to which he has been committed.
|
|
(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
(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
(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
(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
(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:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and | | other incidental expenses of the offender, when those expenses are incurred by the administrator of the offender's imprisonment;
|
|
(3) support of the offender's dependents, if any.
(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.
(e) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.)
|
730 ILCS 5/5-7-7
(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
(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
(730 ILCS 5/Ch. V Art. 8 heading)
ARTICLE 8.
IMPRISONMENT
|
730 ILCS 5/5-8-1
(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:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable | | doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subparagraph (b-5) are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or
|
|
(b-5) A defendant who at the time of the
| | commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to a term of natural life imprisonment if:
|
| (1) the murdered individual was an inmate at
| | an institution or facility of the Department of Corrections, or any similar local correctional agency and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof;
|
| (2) the murdered individual was killed as a
| | result of the hijacking of an airplane, train, ship, bus, or other public conveyance;
|
| (3) the defendant committed the murder
| | pursuant to a contract, agreement, or understanding by which he or she was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value;
|
| (4) the murdered individual was killed in the
| | course of another felony if:
|
| (A) the murdered individual:
(i) was actually killed by the
| | (ii) received physical injuries
| | personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and (B) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
|
| (B) in performing the acts which caused
| | the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
|
| (C) the other felony was an inherently
| | violent crime or the attempt to commit an inherently violent crime. In this clause (C), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion;
|
| (5) the defendant committed the murder with
| | intent to prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this clause (5), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors;
|
| (6) the defendant, while committing an
| | offense punishable under Section 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
|
| (7) the defendant was incarcerated in an
| | institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
|
| (8) the murder was committed in a cold,
| | calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom;
|
| (9) the defendant was a principal
| | administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person;
|
| (10) the murder was intentional and involved
| | the infliction of torture. For the purpose of this clause (10), torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim;
|
| (11) the murder was committed as a result of
| | the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle;
|
| (12) the murdered individual was a person
| | with a disability and the defendant knew or should have known that the murdered individual was a person with a disability. For purposes of this clause (12), "person with a disability" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care;
|
| (13) the murdered individual was subject to
| | an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986;
|
| (14) the murdered individual was known by the
| | defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
|
| (15) the murder was committed by the
| | defendant in connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code;
|
| (16) the murdered individual was a member of
| | a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
|
| (17)(i) the murdered individual was a
| | physician, physician assistant, psychologist, nurse, or advanced practice registered nurse;
|
| (ii) the defendant knew or should have known
| | that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse; and
|
| (iii) the murdered individual was killed in
| | the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity.
|
| (c) the court shall sentence the defendant to a
| | term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and:
|
|
(i) has previously been convicted of first
| | degree murder under any state or federal law, or
|
|
(ii) is found guilty of murdering more than
| |
(iii) is found guilty of murdering a peace
| | officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
|
|
(iv) is found guilty of murdering an employee
| | of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
|
|
(v) is found guilty of murdering an emergency
| | medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or
|
|
(vi) (blank), or
(vii) is found guilty of first degree murder
| | and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012.
|
|
For purposes of clause (v), "emergency medical
| | technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
|
|
(d)(i) if the person committed the offense while
| | armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
|
|
(ii) if, during the commission of the offense,
| | the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
|
|
(iii) if, during the commission of the offense,
| | the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
|
|
(2) (blank);
(2.5) for a person who has attained the age of 18
| | years at the time of the commission of the offense and who is convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.
|
|
(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:
(1) for first degree murder or for the offenses of
| | predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or before December 12, 2005, 3 years;
|
|
(1.5) except as provided in paragraph (7) of this
| | subsection (d), for a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 18 months;
|
| (2) except as provided in paragraph (7) of this
| | subsection (d), for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 12 months;
|
|
(3) except as provided in paragraph (4), (6), or (7)
| | of this subsection (d), for a Class 3 felony or a Class 4 felony, 6 months; no later than 45 days after the onset of the term of mandatory supervised release, the Prisoner Review Board shall conduct a discretionary discharge review pursuant to the provisions of Section 3-3-8, which shall include the results of a standardized risk and needs assessment tool administered by the Department of Corrections; the changes to this paragraph (3) made by this amendatory Act of the 102nd General Assembly apply to all individuals released on mandatory supervised release on or after the effective date of this amendatory Act of the 102nd General Assembly, including those individuals whose sentences were imposed prior to the effective date of this amendatory Act of the 102nd General Assembly;
|
|
(4) for defendants who commit the offense of
| | predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after December 13, 2005 (the effective date of Public Act 94-715), or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
|
|
(5) if the victim is under 18 years of age, for a
| | second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic monitoring or home detention program under Article 8A of Chapter V of this Code;
|
|
(6) for a felony domestic battery, aggravated
| | domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years;
|
| (7) for any felony described in paragraph (a)(2)(ii),
| | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 of the Unified Code of Corrections requiring an inmate to serve a minimum of 85% of their court-imposed sentence, except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009 and except as provided in paragraph (4) or paragraph (6) of this subsection (d), the term of mandatory supervised release shall be as follows:
|
| (A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(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. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24 .)
|
730 ILCS 5/5-8-1.1
(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:
(1) The person must be not less than 17 years of age | | nor more than 35 years of age.
|
|
(2) The person has not previously participated in an
| | impact program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
|
|
(3) The person has not been convicted of a Class X
| | felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, residential arson, place of worship arson, or arson and has not been convicted previously of any of those offenses.
|
|
(4) The person has been sentenced to a term of
| | imprisonment of 8 years or less.
|
|
(5) The person must be physically able to participate
| |
(6) The person must not have any mental disorder or
| | disability that would prevent participation in the impact program.
|
|
(7) The person has consented in writing to
| | participation in the impact program and to the terms and conditions thereof.
|
|
(8) The person was recommended and approved for
| | placement in the impact program in the court's sentencing order.
|
|
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
(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:
(1) The person must be not less than 17 years of age | | nor more than 35 years of age.
|
|
(2) The person has not previously participated in the
| | impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
|
|
(3) The person has not been convicted of a Class X
| | felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson and has not been convicted previously of any of those offenses.
|
|
(4) The person has been found in violation of
| | probation for an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who otherwise could be sentenced to a term of incarceration; or the person is convicted of an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who has previously served a sentence of probation for any felony offense and who otherwise could be sentenced to a term of incarceration.
|
|
(5) The person must be physically able to participate
| | in strenuous physical activities or labor.
|
|
(6) The person must not have any mental disorder or
| | disability that would prevent participation in a county impact incarceration program.
|
|
(7) The person was recommended and approved for
| | placement in the county impact incarceration program by the Sheriff and consented in writing to participation in the county impact incarceration program and to the terms and conditions of the program. The Sheriff may consider, among other matters, whether the person has any outstanding detainers or warrants, whether the person has a history of escaping or absconding, whether participation in the county impact incarceration program may pose a risk to the safety or security of any person and whether space is available.
|
|
(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:
(1) not violate any criminal statute of any
| |
(2) report or appear in person before any such person
| | or agency as directed by the court or the Sheriff;
|
|
(3) refrain from possessing a firearm or other
| |
(4) not leave the State without the consent of the
| | court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the Sheriff; and
|
|
(5) permit representatives of the Sheriff to visit at
| | the person's home or elsewhere to the extent necessary for the Sheriff to monitor compliance with the program. Persons shall have access to such rules, which shall provide that a person shall receive notice of any such violation.
|
|
(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
(730 ILCS 5/5-8-1.3)
Sec. 5-8-1.3. (Repealed).
(Source: P.A. 102-1100, eff. 1-1-23. Repealed by P.A. 103-363, eff. 7-28-23.)
|
730 ILCS 5/5-8-2
(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
(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
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
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: (1) If, having regard to the nature and circumstances | | of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record.
|
| (2) If one of the offenses for which a defendant was
| | convicted was a violation of Section 32-5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the offense was committed in attempting or committing a forcible felony.
|
| (3) If a person charged with a felony commits a
| | separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility, then the sentences imposed upon conviction of these felonies may be served consecutively regardless of the order in which the judgments of conviction are entered.
|
| (4) If a person commits a battery against a county
| | correctional officer or sheriff's employee while serving a sentence or in pretrial detention in a county jail facility, then the sentence imposed upon conviction of the battery may be served consecutively with the sentence imposed upon conviction of the earlier misdemeanor or felony, regardless of the order in which the judgments of conviction are entered.
|
| (5) If a person admitted to pretrial release
| | following conviction of a felony commits a separate felony while released pretrial or if a person detained in a county jail facility or county detention facility following conviction of a felony commits a separate felony while in detention, then any sentence following conviction of the separate felony may be consecutive to that of the original sentence for which the defendant was released pretrial or detained.
|
| (6) If a person is found to be in possession of an
| | item of contraband, as defined in Section 31A-0.1 of the Criminal Code of 2012, while serving a sentence in a county jail or while in pretrial detention in a county jail, the sentence imposed upon conviction for the offense of possessing contraband in a penal institution may be served consecutively to the sentence imposed for the offense for which the person is serving a sentence in the county jail or while in pretrial detention, regardless of the order in which the judgments of conviction are entered.
|
| (7) If a person is sentenced for a violation of a
| | condition of pretrial release under Section 32-10 of the Criminal Code of 1961 or the Criminal Code of 2012, any sentence imposed for that violation may be served consecutive to the sentence imposed for the charge for which pretrial release had been granted and with respect to which the defendant has been convicted.
|
| (d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
| | convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury.
|
| (2) The defendant was convicted of a violation of
| | Section 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or 12-14 (aggravated criminal sexual assault), or 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
|
| (2.5) The defendant was convicted of a violation of
| | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012; or the defendant was convicted of a violation of paragraph (6) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (6) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012, when the child depicted is under the age of 13.
|
| (3) The defendant was convicted of armed violence
| | based upon the predicate offense of any of the following: solicitation of murder, solicitation of murder for hire, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated criminal drug conspiracy, or streetgang criminal drug conspiracy.
|
| (4) The defendant was convicted of the offense of
| | leaving the scene of a motor vehicle crash involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an offense described in item (A) and an offense described in item (B).
|
| (5) The defendant was convicted of a violation of
| | Section 9-3.1 or Section 9-3.4 (concealment of homicidal death) or Section 12-20.5 (dismembering a human body) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3.1 or 5/12-20.5).
|
| (5.5) The defendant was convicted of a violation of
| | Section 24-3.7 (use of a stolen firearm in the commission of an offense) of the Criminal Code of 1961 or the Criminal Code of 2012.
|
| (6) If the defendant was in the custody of the
| | Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections.
|
| (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
| | for escape or attempted escape shall be served consecutive to the terms under which the offender is held by the Department of Corrections.
|
| (8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(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:
(1) For sentences imposed under law in effect prior
| | to February 1, 1978, the aggregate maximum of consecutive sentences shall not exceed the maximum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. The aggregate minimum period of consecutive sentences shall not exceed the highest minimum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
|
| (2) For sentences imposed under the law in effect on
| | or after February 1, 1978, the aggregate of consecutive sentences for offenses that were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective shall not exceed the sum of the maximum terms authorized under Article 4.5 of Chapter V for the 2 most serious felonies involved, but no such limitation shall apply for offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
|
| (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:
(1) The maximum period of a term of imprisonment
| | shall consist of the aggregate of the maximums of the imposed indeterminate terms, if any, plus the aggregate of the imposed determinate sentences for felonies, plus the aggregate of the imposed determinate sentences for misdemeanors, subject to subsection (f) of this Section.
|
| (2) The parole or mandatory supervised release term
| | shall be as provided in paragraph (e) of Section 5-4.5-50 (730 ILCS 5/5-4.5-50) for the most serious of the offenses involved.
|
| (3) The minimum period of imprisonment shall be the
| | aggregate of the minimum and determinate periods of imprisonment imposed by the court, subject to subsection (f) of this Section.
|
| (4) The defendant shall be awarded credit against the
| | aggregate maximum term and the aggregate minimum term of imprisonment for all time served in an institution since the commission of the offense or offenses and as a consequence thereof at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3).
|
| (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
(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
(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
(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 (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: (1) prescribe sanctions proportionate to the | | seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders;
|
| (2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
| | persons adjudicated offenders or delinquents; and
|
| (4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following
| | (A) the President of the Senate, or his or her
| | (B) the Minority Leader of the Senate, or his or
| | (C) the Speaker of the House, or his or her
| | (D) the Minority Leader of the House, or his or
| | (E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been
| | circuit, appellate, or supreme court judges; retired judges shall be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (G-5) (blank);
(H) the Cook County State's Attorney, or his or
| | (I) the Cook County Public Defender, or his or
| | (J) a State's Attorney not from Cook County,
| | appointed by the State's Attorney's Appellate Prosecutor;
|
| (K) the State Appellate Defender, or his or her
| | (L) the Director of the Administrative Office of
| | the Illinois Courts, or his or her designee;
|
| (M) a victim of a violent felony or a
| | representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (N) a representative of a community-based
| | organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (O) a criminal justice academic researcher, to be
| | selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (P) a representative of law enforcement from a
| | unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (Q) a sheriff outside of Cook County selected by
| | the members of the Council designated in clauses (c)(1)(A) through (L); and
|
| (R) ex-officio members shall include:
(i) the Director of Corrections, or his or
| | (ii) the Chair of the Prisoner Review Board,
| | (iii) the Director of the Illinois State
| | Police, or his or her designee;
|
| (iv) the Director of the Illinois Criminal
| | Justice Information Authority, or his or her designee; and
|
| (v) the Cook County Sheriff, or his or her
| | (1.5) The Chair and Vice Chair shall be elected from
| | among its members by a majority of the members of the Council.
|
| (2) Members of the Council who serve because of their
| | public office or position, or those who are designated as members by such officials, shall serve only as long as they hold such office or position.
|
| (3) Council members shall serve without compensation
| | but shall be reimbursed for travel and per diem expenses incurred in their work for the Council.
|
| (4) The Council may exercise any power, perform any
| | function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The term of office of each member of the Council ends on the date of repeal of this amendatory Act of the 96th General Assembly.
|
| (5) The Council shall determine the qualifications
| | for and hire the Executive Director.
|
| (d) Duties. The Council shall perform, as resources permit, duties including:
(1) Collect and analyze information including
| | sentencing data, crime trends, and existing correctional resources to support legislative and executive action affecting the use of correctional resources on the State and local levels.
|
| (2) Prepare criminal justice population projections
| | annually, including correctional and community-based supervision populations.
|
| (3) Analyze data relevant to proposed sentencing
| | legislation and its effect on current policies or practices, and provide information to support evidence-based sentencing.
|
| (4) Ensure that adequate resources and facilities are
| | available for carrying out sentences imposed on offenders and that rational priorities are established for the use of those resources. To do so, the Council shall prepare criminal justice resource statements, identifying the fiscal and practical effects of proposed criminal sentencing legislation, including, but not limited to, the correctional population, court processes, and county or local government resources.
|
| (4.5) Study and conduct a thorough analysis of
| | sentencing under Section 5-4.5-110 of this Code. The Sentencing Policy Advisory Council shall provide annual reports to the Governor and General Assembly, including the total number of persons sentenced under Section 5-4.5-110 of this Code, the total number of departures from sentences under Section 5-4.5-110 of this Code, and an analysis of trends in sentencing and departures. On or before December 31, 2022, the Sentencing Policy Advisory Council shall provide a report to the Governor and General Assembly on the effectiveness of sentencing under Section 5-4.5-110 of this Code, including recommendations on whether sentencing under Section 5-4.5-110 of this Code should be adjusted or continued.
|
| (5) Perform such other studies or tasks pertaining to
| | sentencing policies as may be requested by the Governor or the Illinois General Assembly.
|
| (6) Perform such other functions as may be required
| | by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b).
|
| (7) Publish a report on the trends in sentencing for
| | offenders described in subsection (b-1) of Section 5-4-1 of this Code, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made by adding subsection (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
|
| (e) Authority.
(1) The Council shall have the power to perform the
| | functions necessary to carry out its duties, purposes and goals under this Act. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections.
|
| (2) Upon request from the Council, each executive
| | agency and department of State and local government shall provide information and records to the Council in the execution of its duties.
|
| (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
(730 ILCS 5/Ch. V Art. 8A heading)
ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION
(Source: P.A. 99-797, eff. 8-12-16.) |
730 ILCS 5/5-8A-1
(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
(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
(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:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory | |
(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(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
(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:
(A) The participant may be instructed to remain | | within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:
|
|
(1) working or employment approved by the court
| | or traveling to or from approved employment;
|
|
(2) unemployed and seeking employment approved
| | for the participant by the court;
|
|
(3) undergoing medical, psychiatric, mental
| | health treatment, counseling, or other treatment programs approved for the participant by the court;
|
|
(4) attending an educational institution or a
| | program approved for the participant by the court;
|
|
(5) attending a regularly scheduled religious
| | service at a place of worship;
|
|
(6) participating in community work release or
| | community service programs approved for the participant by the supervising authority;
|
|
(7) for another compelling reason consistent with
| | the public interest, as approved by the supervising authority; or
|
| (8) purchasing groceries, food, or other basic
| |
(A-1) At a minimum, any person ordered to pretrial
| | home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
|
| (B) The participant shall admit any person or agent
| | designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.
|
|
(C) The participant shall make the necessary
| | arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.
|
|
(D) The participant shall acknowledge and participate
| | with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.
|
|
(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's
| | home, or on the participant's person, or both; and
|
|
(3) a monitoring device in the participant's home
| | and on the participant's person in the absence of a telephone.
|
|
(F) The participant shall obtain approval from the
| | supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.
|
|
(G) The participant shall not commit another crime
| | during the period of home detention ordered by the Court.
|
|
(H) Notice to the participant that violation of the
| | order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
|
|
(I) The participant shall abide by other conditions
| | as set by the supervising authority.
|
| (J) This Section takes effect January 1, 2022.
(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
(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 (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: (1) necessary documentation to include birth | | certificate, social security card, and identification card;
|
| (2) vocational or educational short-term and
| | (3) financial literacy and planning to include
| | payments of fines, fees, restitution, child support, and other debt;
|
| (4) access to healthcare, mental healthcare, and
| | chemical dependency treatment;
|
| (5) living and transportation arrangements;
(6) family reunification, if appropriate, and
| | pro-social support networks; and
|
| (7) information about community-based employment
| | services and employment service programs available for persons with prior arrest or criminal convictions.
|
| (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:
(1) the total number of persons released each year
| | (2) the number of persons assessed as having a high
| | or moderate criminogenic need who have completed programming addressing that criminogenic need prior to release listed by program and county;
|
| (3) the number of persons released in the reporting
| | year who have engaged in pre-release planning prior to their release listed by county;
|
| (4) the number of persons who have been released to
| | electronic detention prior to their mandatory supervised release date;
|
| (5) the number of persons who have been released
| | after their mandatory supervised release date, average time past mandatory supervised release date, and reasons held past mandatory supervised release date; and
|
| (6) when implemented, the number of Frequent Users
| | Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program participants and average prison bed days saved.
|
|
(Source: P.A. 100-575, eff. 1-8-18.)
|
730 ILCS 5/5-8A-4.15 (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
(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:
(A) Securing the written consent of the participant | | in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4.
|
|
(B) Where possible, securing the written consent of
| | other persons residing in the home of the participant, including the person in whose name the telephone is registered, at the time of the order for commitment for electronic monitoring is entered and acknowledge the nature and extent of approved electronic monitoring devices.
|
|
(C) Ensure that the approved electronic devices be
| | minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with subsections (B) through (D) of Section 5-8A-4.
|
|
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 (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 (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. Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.) |
730 ILCS 5/5-8A-7 (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 (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 (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
(730 ILCS 5/Ch. V Art. 9 heading)
ARTICLE 9.
FINES
|
730 ILCS 5/5-9-1
(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:
(1) the financial resources and future ability of the | | offender to pay the fine; and
|
|
(2) whether the fine will prevent the offender from
| | making court ordered restitution or reparation to the victim of the offense; and
|
|
(3) in a case where the accused is a dissolved
| | corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
|
|
(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 (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 (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
(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:
(1) If such seizure was made by a combination of law | | enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
|
|
(2) If such seizure was made by State law enforcement
| | personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
|
|
(3) If a State law enforcement agency in combination
| | with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
|
|
(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
(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:
(1) An amount equal to 30% shall be distributed to | | the unit of local government or school district that was the victim of the offense;
|
|
(2) An amount equal to 30% shall be distributed to
| | the unit of local government whose officers or employees conducted the investigation into the crimes against the unit of local government or school district. Amounts distributed to units of local government shall be used solely for the enforcement of criminal laws protecting units of local government or school districts;
|
|
(3) An amount equal to 30% shall be distributed to
| | the State's Attorney of the county in which the prosecution resulting in the conviction was instituted. The funds shall be used solely for the enforcement of criminal laws protecting units of local government or school districts; and
|
|
(4) An amount equal to 10% shall be distributed to
| | the circuit court clerk of the county where the prosecution resulting in the conviction was instituted.
|
|
(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
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
(Text of Section from P.A. 103-363)
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:
(1) Any unit of local government which maintains a | | crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government
| | which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) The State Crime Laboratory Fund is hereby created
| | as a special fund in the State Treasury.
|
|
(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:
(1) costs incurred in providing analysis for
| | controlled substances in connection with criminal investigations conducted within this State;
|
|
(2) purchase and maintenance of equipment for use in
| |
(3) continuing education, training, and professional
| | development of forensic scientists regularly employed by these laboratories.
|
|
(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. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
(Text of Section from P.A. 103-379)
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) (Blank).
(c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(d) Notwithstanding subsection (c-1) of this Section, all funds 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:
(1) Any unit of local government which maintains a
| | crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government
| | which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) The State Crime Laboratory Fund is hereby created
| | as a special fund in the State Treasury. Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on August 20, 2021 (the effective date of Public Act 102-505), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Offender DNA Identification System Fund into the State Crime Laboratory Fund. Upon completion of the transfer, the State Offender DNA Identification System 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 Crime Laboratory Fund.
|
|
(f) Funds 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
funds 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 funds 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:
(1) costs incurred in providing analysis for
| | controlled substances in connection with criminal investigations conducted within this State;
|
|
(2) purchase and maintenance of equipment for use in
| |
(3) continuing education, training, and professional
| | development of forensic scientists regularly employed by these laboratories.
|
|
(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. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23.)
|
730 ILCS 5/5-9-1.5 (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
(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
(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:
(1) "Sexual assault" means the commission or | | attempted commission of the following: sexual exploitation of a child, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(2) (Blank).
(3) "Sexual assault organization" means any
| | not-for-profit organization providing comprehensive, community-based services to victims of sexual assault. "Community-based services" include, but are not limited to, direct crisis intervention through a 24-hour response, medical and legal advocacy, counseling, information and referral services, training, and community education.
|
|
(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
(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
(730 ILCS 5/5-9-1.9)
(Text of Section from P.A. 103-363)
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:
(1) A unit of local government that maintains a crime | | laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government that
| | maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) (Blank).
(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:
(1) Costs incurred in providing analysis for DUI
| | investigations conducted within this State.
|
|
(2) Purchase and maintenance of equipment for use in
| |
(3) Continuing education, training, and professional
| | development of forensic scientists regularly employed by these laboratories.
|
|
(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) (Blank).
(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; 103-363, eff. 7-28-23.)
(Text of Section from P.A. 103-379)
Sec. 5-9-1.9. DUI analysis.
(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) (Blank).
(c-1) A criminal laboratory DUI analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(d) Notwithstanding subsection (c-1), all funds 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:
(1) A unit of local government that maintains a crime
| | laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government that
| | maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) (Blank).
(f) Notwithstanding subsection (c-1), all funds
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 funds 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 funds 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:
(1) Costs incurred in providing analysis for DUI
| | investigations conducted within this State.
|
|
(2) Purchase and maintenance of equipment for use in
| |
(3) Continuing education, training, and professional
| | development of forensic scientists regularly employed by these laboratories.
|
|
(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; 103-379, eff. 7-28-23.)
|
730 ILCS 5/5-9-1.10
(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
(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
(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
(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 (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 (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 (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 (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 (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 (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 (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 (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 (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
(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
(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.
(f) This Section does not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987. (Source: P.A. 103-379, eff. 7-28-23.)
|
730 ILCS 5/5-9-4
(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.)
|
730 ILCS 5/Ch. VIII
(730 ILCS 5/Ch. VIII heading)
CHAPTER VIII.
MISCELLANEOUS
|
730 ILCS 5/Ch. VIII Art. 1
(730 ILCS 5/Ch. VIII Art. 1 heading)
ARTICLE 1.
CUMULATIVE EFFECT
|
730 ILCS 5/8-1-1
(730 ILCS 5/8-1-1) (from Ch. 38, par. 1008-1-1)
Sec. 8-1-1.
Cumulative powers.
The provisions of this Code shall be cumulative in effect and if any
provision is inconsistent with another provision of this Code or with any
other Act not expressly repealed by Section 8-5-1, it shall be considered
as an alternative or additional power and not as a limitation upon any
other power granted to or possessed by the Department of Corrections.
(Source: P.A. 78-939.)
|
730 ILCS 5/8-1-2
(730 ILCS 5/8-1-2) (from Ch. 38, par. 1008-1-2)
Sec. 8-1-2.
Powers of State Agencies.
The provisions of this Code do not impair, alter, modify or repeal any
of the jurisdiction or powers possessed by any department, board,
commission, or officer of the State government immediately prior to the
effective date of this Code.
(Source: P.A. 77-2097.)
|
730 ILCS 5/Ch. VIII Art. 2
(730 ILCS 5/Ch. VIII Art. 2 heading)
ARTICLE 2.
SAVINGS PROVISIONS
|
730 ILCS 5/8-2-1
(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
Sec. 8-2-1. Saving clause.
The repeal of Acts or parts of Acts enumerated in Section 8-5-1 does
not: (1) affect any offense committed, act done, prosecution pending,
penalty, punishment or forfeiture incurred, or rights, powers or remedies
accrued under any law in effect immediately prior to the effective date of
this Code; (2) impair, avoid, or affect any grant or conveyance made or
right acquired or cause of action then existing under any such repealed Act
or amendment thereto; (3) affect or impair the validity of any pretrial release or other obligation issued or sold and constituting a valid
obligation of the issuing authority immediately prior to the effective date
of this Code; (4) the validity of any contract; or (5) the validity of any
tax levied under any law in effect prior to the effective date of this
Code. The repeal of any validating Act or part thereof shall not avoid the
effect of the validation. No Act repealed by Section 8-5-1 shall repeal any
Act or part thereof which embraces the same or a similar subject matter as
the Act repealed.
(Source: P.A. 101-652, eff. 1-1-23 .)
|
730 ILCS 5/8-2-2
(730 ILCS 5/8-2-2) (from Ch. 38, par. 1008-2-2)
Sec. 8-2-2.
Continuation of prior law.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Code such
reference shall be held to refer to the Act or Section thereof so continued
in this Code.
(Source: P.A. 77-2097.)
|
730 ILCS 5/8-2-3
(730 ILCS 5/8-2-3) (from Ch. 38, par. 1008-2-3)
Sec. 8-2-3.
Existing indebtedness.
Any bond or other evidence of indebtedness issued under the provisions
of any Act repealed by this Code which is outstanding and unpaid on the
effective date of this Code shall be amortized and retired by taxation or
revenue in the manner provided by the Act under which such indebtedness was
incurred, notwithstanding the repeal of such Act.
However, the provisions of this Section shall not be construed to
prevent the refunding of any such indebtedness under the provisions of this
Code or as may be otherwise provided by law.
(Source: P.A. 77-2097.)
|
730 ILCS 5/8-2-4
(730 ILCS 5/8-2-4) (from Ch. 38, par. 1008-2-4)
Sec. 8-2-4.
Prosecutions Continued; Applicable Sentencing
Provisions. (a) Prosecution for any violation of law occurring
prior to January 1, 1973, is not affected or abated by the
Unified Code of Corrections. If the offense being prosecuted
has not reached the sentencing stage or a final adjudication
by January 1, 1973, then for purposes of sentencing the
sentences under the Unified Code of Corrections apply if
they are less than under the prior law upon which the
prosecution was commenced.
(b) Prosecution for any violation of law occurring before
the effective date of this amendatory Act of 1977 is not
affected or abated by this amendatory Act of 1977. If the
defendant has not been sentenced before the effective date
of this amendatory Act of 1977, he shall have the right to
elect to be sentenced under the law as it existed at the time
of his offense or under the law in effect on and after the
effective date of this amendatory Act of 1977. If a sentence
has been imposed before the effective date of this amendatory
Act of 1977, the defendant shall not have the right of election
even though his case has not been finally adjudicated on appeal;
however, where eligible, he shall have the rights provided by
Section 3-3-2.1 of this Code.
(Source: P.A. 80-1099 .)
|
730 ILCS 5/Ch. VIII Art. 3
(730 ILCS 5/Ch. VIII Art. 3 heading)
ARTICLE 3.
CHAPTER, ARTICLE OR
SECTION HEADINGS - EFFECT -
REFERENCES THERETO
|
730 ILCS 5/8-3-1
(730 ILCS 5/8-3-1) (from Ch. 38, par. 1008-3-1)
Sec. 8-3-1.
Chapter, Article or Sections Headings-Effect.
Chapter Article or Section headings contained in this Code shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any Chapter, Article or Section hereof.
(Source: P.A. 77-2097.)
|
730 ILCS 5/8-3-2
(730 ILCS 5/8-3-2) (from Ch. 38, par. 1008-3-2)
Sec. 8-3-2.
References to headings.
Where, in this Code, reference is made to a Section, Article or Chapter
by its number and no Act is specified, the reference is to the
correspondingly numbered Section, Article or Chapter of this Code. Where
reference is made to "this Chapter" or "this Article" or "this Section" and
no Act is specified, the reference is to the Chapter, Article or Section of
this Code in which the reference appears. If any Section, Article or
Chapter of this Code is hereafter amended, the reference shall thereafter
be treated and considered as a reference to the Section, Article or Chapter
as so amended.
(Source: P.A. 77-2097.)
|
730 ILCS 5/Ch. VIII Art. 4
(730 ILCS 5/Ch. VIII Art. 4 heading)
ARTICLE 4.
SEVERABILITY
|
730 ILCS 5/8-4-1
(730 ILCS 5/8-4-1) (from Ch. 38, par. 1008-4-1)
Sec. 8-4-1.
Severability of invalid provisions.
If any provision of this Code or application thereof to any person or
circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Code which can be given effect without
the invalid application or provision, and to this end the provisions of
this Code are declared to be severable.
(Source: P.A. 77-2097.)
|
730 ILCS 5/Ch. VIII Art. 5
(730 ILCS 5/Ch. VIII Art. 5 heading)
ARTICLE 5.
REPEAL
|
730 ILCS 5/8-5-1
(730 ILCS 5/8-5-1) (from Ch. 38, par. 1008-5-1)
Sec. 8-5-1.
Repeals.
The following Acts and parts of Acts are repealed:
The "Juvenile Offenders Act", approved June 30, 1953, as amended.
"An Act relating to the establishment, operation and maintenance of the
Illinois Industrial School for Boys and to repeal an Act named therein",
approved June 30, 1953.
"An Act in relation to the Illinois State Training School for Boys",
approved May 10, 1901, as amended.
"An Act in relation to the Illinois State Training School for Girls, and
to repeal an Act named therein", approved June 30, 1953.
"An Act to establish and provide for a State Reformatory for Women",
approved June 30, 1927, as amended.
Section 1-7 of the "Criminal Code of 1961", approved July 28, 1961, as
amended.
Section 38a of the "Uniform Narcotic Drug Act", approved July 11, 1957,
as amended.
Sections 104-1, 104-2, 104-3, 113-7, 117-1, 117-2, 117-3, 118-1, 118-2,
119-1, 119-2, 119-3, 119-4, 123-1, 123-2, 123-3, 123-4, 123-6, 123-7, and
124-2 of the "Code of Criminal Procedure of 1963", approved August 14,
1963, as amended.
"An Act authorizing the Governor to enter into certain reciprocal
agreements with other states", approved January 7, 1936, as amended.
"An Act in relation to the employment of persons committed to a county
jail, house of correction or workhouse", approved July 17, 1959, as
amended.
"An Act in relation to imprisonment for nonpayment of a fine imposed for
violation of an ordinance, resolution, rule or regulation of a political
entity", approved August 13, 1963.
"An Act to regulate the manner of applying for pardons, reprieves and
commutations", approved May 31, 1879.
"An Act in relation to pardons and the commutation of sentences",
approved June 5, 1897, as amended.
"An Act in relation to the penitentiary at Joliet, to be entitled, 'An
Act to provide for the management of the Illinois State Penitentiary at
Joliet'", approved June 16, 1871, as amended.
"An Act to regulate the labor of convicts of the penitentiary of the
State", approved March 25, 1874, as amended.
"An Act in relation to certain rights of persons convicted of crime",
approved June 26, 1925, as amended.
"An Act in relation to merger of certain sentences", approved July 9,
1957.
"An Act to secure the clergymen of all denominations free access to the
penitentiary at Joliet and all other penal, reformatory and charitable
institutions in the State of Illinois", approved March 28, 1874, as
amended.
"An Act to give to the authorities of penitentiaries, in the State of
Illinois, police powers on grounds owned or leased by the State in
connection with said penitentiaries", approved May 30, 1881.
"An Act to regulate the employment of convicts and prisoners in penal
and reformatory institutions and regulating the disposition of the products
of convict or prison labor", approved May 11, 1903, as amended.
"An Act authorizing the employment of inmates in the penal and
reformatory institutions of the State for manufacturing materials and
machinery used in the construction and maintenance of State highways",
approved May 18, 1905, as amended.
"An Act to authorize the employment of convicts and prisoners in the
penal and reformatory institutions of the State of Illinois in the
preparation of road building materials and in working on the public roads,
etc.", approved June 28, 1913, as amended.
"An Act in relation to the Illinois State penitentiary", approved June
30, 1933, as amended.
"An Act concerning furloughs for qualified inmates of the State prison
system for certain purposes", approved July 31, 1969.
"An Act for the identification of habitual criminals", approved April
15, 1889, as amended.
"An Act to revise the law in relation to the fixing of the punishment
and the sentence and commitment of persons convicted of crime or offenses,
and providing for a system of parole", approved June 25, 1917, as amended.
"An Act in relation to the Illinois State Farm", approved June 27, 1923,
as amended.
Sections 5.11a, 6.05, 55a.1, 55a.2, 55b, 55c, 55c.1, 55d, 55e, 55f, 55g,
55h of "The Civil Administrative Code of Illinois", approved March 7, 1917,
as amended.
"An Act relating to the establishment, maintenance and operation of
certain transitional institutions by the Department of Corrections",
approved August 16, 1963, as amended.
"An Act to establish a professional apprentice system within the
Department of Corrections", approved August 16, 1963, as amended.
"An Act ratifying and approving the Interstate corrections compact and
providing for the administration thereof", approved August 4, 1971.
Public Act No. 77-358.
Public Act No. 77-359.
Public Act No. 77-365.
Public Act No. 77-366.
Public Act No. 77-367.
Public Act No. 77-368.
Public Act No. 77-432.
Public Act No. 77-448.
Public Act No. 77-449.
Public Act No. 77-451.
Public Act No. 77-453.
Public Act No. 77-454.
Public Act No. 77-455.
Public Act No. 77-458.
Public Act No. 77-651.
Public Act No. 77-661.
Public Act No. 77-768.
Public Act No. 77-1425.
(Source: P.A. 77-2097.)
|
730 ILCS 5/Ch. VIII Art. 6
(730 ILCS 5/Ch. VIII Art. 6 heading)
ARTICLE 6.
EFFECTIVE DATE
|
730 ILCS 5/8-6-1
(730 ILCS 5/8-6-1) (from Ch. 38, par. 1008-6-1)
Sec. 8-6-1.
Effective Date.
This Act shall take effect January 1, 1973.
(Source: P.A. 77-2097.)
|
|
|
|