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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/Ch. III Art. 18

 
    (730 ILCS 5/Ch. III Art. 18 heading)
ARTICLE 18. PROGRAM OF REENTRY INTO COMMUNITY
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/3-18-5

    (730 ILCS 5/3-18-5)
    Sec. 3-18-5. Definitions. As used in this Article:
    "Board" means the Prisoner Review Board.
    "Department" means the Department of Corrections.
    "Director" means the Director of Corrections.
    "Offender" means a person who has been convicted of a felony under the laws of this State and sentenced to a term of imprisonment.
    "Program" means a program established by a county or municipality under Section 3-18-10 for reentry of persons into the community who have been committed to the Department for commission of a felony.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/3-18-10

    (730 ILCS 5/3-18-10)
    Sec. 3-18-10. Establishment of program.
    (a) A county with the approval of the county board or a municipality that maintains a jail or house of corrections with the approval of the corporate authorities may establish a program for reentry of offenders into the community who have been committed to the Department for commission of a felony. Any program shall be approved by the Director prior to placement of inmates in a program.
    (b) If a county or municipality establishes a program under this Section, the sheriff in the case of a county or the police chief in the case of a municipality shall:
        (1) Determine whether offenders who are referred by
    
the Director of Corrections under Section 3-18-15 should be assigned to participate in a program.
        (2) Supervise offenders participating in the program
    
during their participation in the program.
    (c) A county or municipality shall be liable for the well being and actions of inmates in its custody while in a program and shall indemnify the Department for any loss incurred by the Department caused while an inmate is in a program.
    (d) An offender may not be assigned to participate in a program unless the Director of Corrections, in consultation with the Prisoner Review Board, grants prior approval of the assignment under this Section.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/3-18-15

    (730 ILCS 5/3-18-15)
    Sec. 3-18-15. Referral of person to sheriff or police chief; assignment of person by the Department.
    (a) Except as otherwise provided in this Section, if a program has been established in a county or municipality in which an offender was sentenced to imprisonment for a felony, the Director may refer the offender to the county sheriff or municipal police chief if:
        (1) The offender qualifies under the standards
    
established by the Director in subsection (c);
        (2) The offender has demonstrated a willingness to:
            (A) engage in employment or participate in
        
vocational rehabilitation or job skills training; and
            (B) meet any existing obligation for restitution
        
to any victim of his or her crime; and
        (3) the offender is within one year of his or her
    
probable release from prison, as determined by the Director.
    (b) Except as otherwise provided in this Section, if the Director is notified by the sheriff or police chief under Section 3-18-10 that an offender would benefit by being assigned to the custody of the sheriff or police chief to participate in the program, the Director shall review whether the offender should be assigned to participate in a program for not longer than the remainder of his or her sentence.
    (c) The Director, by rule, shall adopt standards setting forth which offenders are eligible to be assigned to the custody of the sheriff or police chief to participate in the program under this Section. The standards adopted by the Director must be approved by the Prisoner Review Board and must provide that an offender is ineligible for participation in the program who:
        (1) has recently committed a serious infraction of
    
the rules of an institution or facility of the Department;
        (2) has not performed the duties assigned to him or
    
her in a faithful and orderly manner;
        (3) has, within the immediately preceding 5 years,
    
been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
        (4) has ever been convicted of a sex offense as
    
defined in Section 10 of the Sex Offender Management Board Act;
        (5) has escaped or attempted to escape from any jail
    
or correctional institution for adults; or
        (6) has not made an effort in good faith to
    
participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director.
    (d) The Director shall adopt rules requiring offenders who are assigned to the custody of the sheriff or police chief under this Section to reimburse the Department for the cost of their participation in a program, to the extent of their ability to pay.
    (e) The sheriff or police chief may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the Director in consultation with the Prisoner Review Board.
    (f) If an offender assigned to the custody of the sheriff or police chief under this Section violates any of the terms or conditions imposed by the Director in consultation with the Prisoner Review Board and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him or her before he or she was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits under this subsection (f) only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he or she considers proper. The Director, by rule, shall establish procedures for review of forfeiture of good behavior credit. The decision of the Director regarding such a forfeiture is final.
    (g) The assignment of an offender to the custody of the sheriff or police chief under this Section shall be deemed:
        (1) a continuation of his or her imprisonment and not
    
a release on parole or mandatory supervised release; and
        (2) for the purposes of Section 3-8-1, an assignment
    
to a facility of the Department, except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
    (h) An offender does not have a right to be assigned to the custody of the sheriff or police chief under this Section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a program creates any right or interest in liberty or property or establishes a basis for any cause of action against this State or its political subdivisions, agencies, boards, commissions, departments, officers, or employees.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/3-18-20

    (730 ILCS 5/3-18-20)
    Sec. 3-18-20. Director to contract for certain services for offenders in program.
    (a) The Director may enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders participating in a program:
        (1) transitional housing;
        (2) treatment pertaining to substance abuse or mental
    
health;
        (3) training in life skills;
        (4) vocational rehabilitation and job skills
    
training; and
        (5) any other services required by offenders who are
    
participating in a program.
    (b) The Director shall, as necessary and appropriate, provide referrals and information regarding:
        (1) any of the services provided pursuant to
    
subsection (a);
        (2) access and availability of any appropriate
    
self-help groups;
        (3) social services for families and children; and
        (4) permanent housing.
    (c) The Director may apply for and accept any gift, donation, bequest, grant, or other source of money to carry out the provisions of this Section.
    (d) As used in this Section, training in life skills includes, without limitation, training in the areas of: (1) parenting; (2) improving human relationships; (3) preventing domestic violence; (4) maintaining emotional and physical health; (5) preventing abuse of alcohol and drugs; (6) preparing for and obtaining employment; and (7) budgeting, consumerism, and personal finances.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/3-18-25

    (730 ILCS 5/3-18-25)
    Sec. 3-18-25. Monitoring of participant in program. The Department shall retain the authority to monitor each person who is participating in a program under Section 3-18-15. Such authority shall include site inspections, review of program activities, and access to inmate files and records.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/Ch. III Art. 19

 
    (730 ILCS 5/Ch. III Art. 19 heading)
ARTICLE 19. METHAMPHETAMINE ABUSERS PILOT PROGRAMS
(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)

730 ILCS 5/3-19-5

    (730 ILCS 5/3-19-5)
    Sec. 3-19-5. Methamphetamine abusers pilot program; Franklin County Juvenile Detention Center.
    (a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Juvenile Detention Center. The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services.
    (b) A person convicted of the unlawful possession of methamphetamine under Section 60 of the Methamphetamine Control and Community Protection Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be ordered by the court to be committed to the Program established under this Section.
    (c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days. A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services. The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders.
    (d) Persons committed to the Program who are 17 years of age or older shall be separated from minors under 17 years of age who are detained in the Juvenile Detention Center and there shall be no contact between them.
    (e) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination.
    (f) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program. The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after January 1, 2006 (the effective date of Public Act 94-549) and each year thereafter that the Program continues operation.
(Source: P.A. 100-759, eff. 1-1-19.)

730 ILCS 5/3-19-10

    (730 ILCS 5/3-19-10)
    Sec. 3-19-10. Methamphetamine abusers pilot program; Franklin County Jail.
    (a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Jail. The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services.
    (b) A person convicted of the unlawful possession of methamphetamine under Section 402 of the Illinois Controlled Substances Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be ordered by the court to be committed to the Program established under this Section.
    (c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days. A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services. The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders.
    (d) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination.
    (e) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program. The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after the effective date of this amendatory Act of the 94th General Assembly and each year thereafter that the Program continues operation.
(Source: P.A. 100-759, eff. 1-1-19.)

730 ILCS 5/3-19-15

    (730 ILCS 5/3-19-15)
    Sec. 3-19-15. Task Force on Transitional Housing for Sex Offenders.
    (a) There is created the Task Force on Transitional Housing Facilities for Sex Offenders. The Task Force shall be composed of the following members:
        (1) Two members from the Department of Corrections
    
appointed by the Director of Corrections;
        (2) Two members from the Prisoner Review Board
    
appointed by that Board;
        (3) Two members of the Senate appointed by the
    
President of the Senate;
        (4) Two members of the Senate appointed by the
    
Minority Leader of the Senate;
        (5) Two members of the House of Representatives
    
appointed by the Speaker of the House of Representatives;
        (6) Two members of the House of Representatives
    
appointed by the Minority Leader of the House of Representatives; and
        (7) Two members of the Governor's Office appointed
    
by the Governor.
    (b) The Task Force shall study the implementation, cost, placement, and effectiveness of transitional housing facilities for sex offenders released from facilities of the Department of Corrections.
    (c) The members of the Task Force shall receive no compensation for their services as members of the Task Force but may be reimbursed for their actual expenses incurred in serving on the Task Force from appropriations made to them for such purpose.
(Source: P.A. 95-640, eff. 6-1-08.)

730 ILCS 5/Ch. V

 
    (730 ILCS 5/Ch. V heading)
CHAPTER V. SENTENCING

730 ILCS 5/Ch. V Art. 1

 
    (730 ILCS 5/Ch. V Art. 1 heading)
ARTICLE 1. GENERAL DEFINITIONS

730 ILCS 5/5-1-1

    (730 ILCS 5/5-1-1) (from Ch. 38, par. 1005-1-1)
    Sec. 5-1-1. Meanings of Words and Phrases.
    For the purposes of this Chapter, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: P.A. 77-2097.)

730 ILCS 5/5-1-1.1

    (730 ILCS 5/5-1-1.1)
    Sec. 5-1-1.1. Aftercare release. "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the Department of Juvenile Justice.
(Source: P.A. 98-558, eff. 1-1-14.)

730 ILCS 5/5-1-2

    (730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2)
    Sec. 5-1-2. Business Offense.
    "Business Offense" means a petty offense for which the fine is in excess of $1,000.
(Source: P.A. 90-384, eff. 1-1-98.)

730 ILCS 5/5-1-3

    (730 ILCS 5/5-1-3) (from Ch. 38, par. 1005-1-3)
    Sec. 5-1-3. Charge.
    "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment.
(Source: P.A. 77-2097.)

730 ILCS 5/5-1-3.5

    (730 ILCS 5/5-1-3.5)
    Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3-3-7, paragraph (10) of subsection (a) of Section 5-6-3, and paragraph (18) of subsection (c) of Section 5-6-3.1 only has the meaning ascribed to it in subsection (a-5) of Section 3-1-2 of this Code.
(Source: P.A. 94-159, eff. 7-11-05.)

730 ILCS 5/5-1-4

    (730 ILCS 5/5-1-4) (from Ch. 38, par. 1005-1-4)
    Sec. 5-1-4. Conditional discharge.
    "Conditional Discharge" means a sentence or disposition of conditional and revocable release without probationary supervision but under such conditions as may be imposed by the court.
(Source: P.A. 78-1297.)

730 ILCS 5/5-1-5

    (730 ILCS 5/5-1-5) (from Ch. 38, par. 1005-1-5)
    Sec. 5-1-5. Conviction.
    "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
(Source: P.A. 77-2097.)

730 ILCS 5/5-1-6

    (730 ILCS 5/5-1-6) (from Ch. 38, par. 1005-1-6)
    Sec. 5-1-6. Court.
    "Court" means a circuit court of Illinois and includes a judge thereof.
(Source: P.A. 77-2097.)

730 ILCS 5/5-1-7

    (730 ILCS 5/5-1-7) (from Ch. 38, par. 1005-1-7)
    Sec. 5-1-7. Defendant.
    "Defendant" means a person charged with an offense.
(Source: P.A. 77-2097.)

730 ILCS 5/5-1-8

    (730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)
    Sec. 5-1-8. Defendant in need of mental treatment. "Defendant in need of mental treatment" means any defendant afflicted with a mental disorder, not including a person with an intellectual disability, if that defendant, as a result of such mental disorder, is reasonably expected at the time of determination or within a reasonable time thereafter to intentionally or unintentionally physically injure himself or other persons, or is unable to care for himself so as to guard himself from physical injury or to provide for his own physical needs.
(Source: P.A. 99-143, eff. 7-27-15.)

730 ILCS 5/5-1-8.5

    (730 ILCS 5/5-1-8.5)
    Sec. 5-1-8.5. Computer scrub software. "Computer scrub software" has the meaning ascribed to it in subsection (c-5) of Section 3-1-2 of this Code.
(Source: P.A. 96-362, eff. 1-1-10.)

730 ILCS 5/5-1-9

    (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
    Sec. 5-1-9. Felony.
    "Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 77-2097.)

730 ILCS 5/5-1-10

    (730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)
    Sec. 5-1-10. Imprisonment. "Imprisonment" means incarceration in a correctional institution under a sentence of imprisonment and does not include "periodic imprisonment" under Article 7. "Imprisonment" also includes electronic monitoring or home detention served by an offender after (i) the offender has been committed to the custody of the sheriff to serve the sentence and (ii) the sheriff has placed the offender in an electronic monitoring or home detention program in accordance with Article 8A of Chapter V of this Code.
(Source: P.A. 100-431, eff. 8-25-17.)

730 ILCS 5/5-1-11

    (730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11)
    Sec. 5-1-11. Insanity. "Insanity" means the lack of a substantial capacity to appreciate the criminality of one's conduct as a result of mental disorder or mental defect.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)