Illinois Compiled Statutes
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CORRECTIONS730 ILCS 5/5-5-6
(730 ILCS 5/) Unified Code of Corrections.
(730 ILCS 5/5-5-6)
(from Ch. 38, par. 1005-5-6)
In all convictions for offenses in violation of the Criminal
Code of 1961 or the Criminal Code of 2012 or of Section 11-501 of the Illinois Vehicle Code in which the person received any injury to his or her person or damage
to his or her real or personal property as a result of the criminal act of the
defendant, the court shall order restitution as provided in this Section. In
all other cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine whether restitution
is an appropriate sentence to be imposed on each defendant convicted of an
offense. If the court determines that an order directing the offender to make
restitution is appropriate, the offender may be sentenced to make restitution.
The court may consider restitution an appropriate sentence to be imposed on each defendant convicted of an offense in addition to a sentence of imprisonment. The sentence of the defendant to a term of imprisonment is not a mitigating factor that prevents the court from ordering the defendant to pay restitution. If
the offender is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall
determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out-of-pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article 5 of the Criminal Code of 1961 or the Criminal Code of 2012.
(b) In fixing the amount of restitution to be paid in
cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out-of-pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out-of-pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering. When a victim's out-of-pocket expenses have been paid pursuant to the Crime Victims Compensation Act, the court shall order restitution be paid to the compensation program. If a defendant is placed on supervision for, or convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic violence shelter in which the victim and any other family or household members lived because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any other services for the victim and any other family or household members living at the shelter. If a defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of a defendant to the extent necessary to satisfy the order of restitution and dispose of the property by public sale. All proceeds from such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years of age was present and witnessed the domestic battery of the victim, is liable to pay restitution for the cost of any counseling required for the child at the discretion of the court.
(c) In cases where more than one defendant is
accountable for the same criminal conduct that results in out-of-pocket expenses, losses, damages, or injuries, each defendant shall be ordered to pay restitution in the amount of the total actual out-of-pocket expenses, losses, damages, or injuries to the victim proximately caused by the conduct of all of the defendants who are legally accountable for the offense.
(1) In no event shall the victim be entitled to
recover restitution in excess of the actual out-of-pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants.
(2) As between the defendants, the court may
apportion the restitution that is payable in proportion to each co-defendant's culpability in the commission of the offense.
(3) In the absence of a specific order
apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
(4) As between the defendants, each defendant
shall be entitled to a pro rata reduction in the total restitution required to be paid to the victim for amounts of restitution actually paid by co-defendants, and defendants who shall have paid more than their pro rata share shall be entitled to refunds to be computed by the court as additional amounts are paid by co-defendants.
(d) In instances where a defendant has more than one
criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State's Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.
(e) The court may require the defendant to apply the
balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
(f) Taking into consideration the ability of the
defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012, or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
(f-1)(1) In addition to any other penalty prescribed
by law and any restitution ordered under this Section that did not include long-term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim in accordance with the provisions of this subsection (f-1) if the victim has suffered physical injury as a result of the offense that is reasonably probable to require or has required long-term physical health care for more than 3 months. As used in this subsection (f-1) "long-term physical health care" includes mental health care.
(2) The victim's estimate of long-term physical
health care costs may be made as part of a victim impact statement under Section 6 of the Rights of Crime Victims and Witnesses Act or made separately. The court shall enter the long-term physical health care restitution order at the time of sentencing. An order of restitution made under this subsection (f-1) shall fix a monthly amount to be paid by the defendant for as long as long-term physical health care of the victim is required as a result of the offense. The order may exceed the length of any sentence imposed upon the defendant for the criminal activity. The court shall include as a special finding in the judgment of conviction its determination of the monthly cost of long-term physical health care.
(3) After a sentencing order has been entered, the
court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, enter an order for restitution for long-term physical care or modify the existing order for restitution for long-term physical care as to the amount of monthly payments. Any modification of the order shall be based only upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
(g) In addition to the sentences provided for in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, the court may order any person who is convicted of violating any of those Sections or who was charged with any of those offenses and which charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section to meet all or any portion of the financial obligations of treatment, including but not limited to medical, psychiatric, or rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the offense.
The payments shall be made by the defendant to the
clerk of the circuit court and transmitted by the clerk to the appropriate person or agency as directed by the court. Except as otherwise provided in subsection (f-1), the order may require such payments to be made for a period not to exceed 5 years after sentencing, not including periods of incarceration.
(h) The judge may enter an order of withholding to
collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
(i) A sentence of restitution may be modified or
revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender's ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender's ability to pay was based on the offender's willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender's ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during the additional period.
(j) The procedure upon the filing of a Petition to
Revoke a sentence to make restitution shall be the same as the procedures set forth in Section 5-6-4 of this Code governing violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall preclude
the right of any party to proceed in a civil action to recover for any damages incurred due to the criminal misconduct of the defendant.
(l) Restitution ordered under this Section shall not
be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
(m) A restitution order under this Section is a
judgment lien in favor of the victim that:
(1) Attaches to the property of the person
(2) May be perfected in the same manner as
provided in Part 3 of Article 9 of the Uniform Commercial Code;
(3) May be enforced to satisfy any payment that
is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
(4) Expires in the same manner as a judgment lien
created in a civil proceeding.
When a restitution order is issued under this
Section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
(n) An order of restitution under this Section does
not bar a civil action for:
(1) Damages that the court did not require the
person to pay to the victim under the restitution order but arise from an injury or property damages that is the basis of restitution ordered by the court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the
completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the
liquidation of a person's estate by a receiver. A restitution order under
this Section may be enforced in the same manner as judgment liens are
enforced under Article XII of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil Procedure,
providing for interest on judgments, apply to judgments for restitution entered
under this Section.
(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; 97-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13.)
730 ILCS 5/5-5-7
(730 ILCS 5/5-5-7)
(from Ch. 38, par. 1005-5-7)
Neither the State, any local government, probation
department, public or community service program or site, nor any official,
volunteer, or employee thereof acting in the course of
their official duties shall be
liable for any injury or loss a person might receive while performing
public or community service as ordered either (1) by the court
or (2) by any duly authorized station or
probation adjustment, teen court, community mediation, or other administrative
diversion program authorized by the Juvenile Court Act of 1987 for a violation
of a penal statute of this State or a local government ordinance (whether
civil, or quasi-criminal) or for a traffic offense,
nor shall they be
liable for any tortious acts of any person performing public or community
service, except for wilful, wanton misconduct or gross negligence on the
part of such governmental unit, probation department, or public or community
service program or site, or the official, volunteer, or employee.
(Source: P.A. 91-820, eff. 6-13-00.)
730 ILCS 5/5-5-8
(730 ILCS 5/5-5-8)
(from Ch. 38, par. 1005-5-8)
No person assigned to a public or community service
program shall be considered an employee for any purpose, nor shall the
county board be obligated to provide any compensation to such person.
(Source: P.A. 85-449.)
730 ILCS 5/5-5-9
(730 ILCS 5/5-5-9)
(from Ch. 38, par. 1005-5-9)
When a defendant is ordered by the
court to perform community service as a condition of his or her sentence,
the court in its discretion may appoint a non-profit organization to
administer a program of community service relating to cleaning up the
community, repairing damage, and painting buildings or other structures
defaced. The non-profit organization approved by the court may determine
dates and locations of the defendant's service, procure necessary cleaning
or other utensils for defendant to use in performing community service,
choose sites to be repainted or cleaned, and provide supervision of the
defendant's activities. A defendant participating in the program shall be
given reasonable rest periods as determined by the non-profit organization
with the approval of the court. The county sheriff or municipal law
enforcement agency may provide one or more peace officers to supervise the
program. A defendant who fails to successfully complete the community
service program established in this Section shall be subject to
resentencing as provided in this Chapter V.
(Source: P.A. 87-907.)
730 ILCS 5/5-5-10
(730 ILCS 5/5-5-10)
Community service fee.
When an offender or
defendant is ordered by the court to perform community service and the
offender is not otherwise assessed a fee for probation services, the court
shall impose a fee of $50
for each month the community service ordered
by the court is
supervised by a probation and court services department, unless after
determining the inability of the person sentenced to community service
to pay the fee, the court assesses a lesser fee. The court may not impose
a fee on a minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee shall be
imposed only on an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit in the
probation and court services fund under Section 15.1 of the Probation
and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless: (1) the circuit court has adopted, by
administrative order issued by the chief judge, a standard probation fee
guide determining an offender's ability to pay,
under guidelines developed by the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
(Source: P.A. 93-475, eff. 8-8-03.)
730 ILCS 5/Ch. V Art. 5.5
(730 ILCS 5/Ch. V Art. 5.5 heading)
DISCRETIONARY RELIEF FROM FORFEITURES
AND DISABILITIES AUTOMATICALLY IMPOSED BY LAW
730 ILCS 5/5-5.5-5
(730 ILCS 5/5-5.5-5)
In this Article, "eligible offender" means a person who has been
convicted of a crime in this State or of an offense in any other jurisdiction that does not include any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Murderer and Violent Offender Against Youth Registration Act. "Eligible offender" does not include a person who has been convicted of arson, aggravated arson, kidnapping, aggravated kidnaping, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or aggravated domestic battery.
(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
730 ILCS 5/5-5.5-10
(730 ILCS 5/5-5.5-10)
Certificate of relief from disabilities.
(a) A certificate of relief from disabilities does not, however, in
any way prevent any judicial proceeding, administrative, licensing, or other
board, or authority from relying upon the conviction specified in the
certificate as the basis for the exercise of its discretionary power to
suspend, revoke, or refuse to issue or refuse to renew any license, permit,
or other authority or privilege.
(b) A certificate of relief from disabilities shall not limit or prevent the
introduction of evidence of a prior conviction for purposes of impeachment of a
witness in a judicial or other proceeding where otherwise authorized by the
applicable rules of evidence.
(Source: P.A. 93-207, eff. 1-1-04.)
730 ILCS 5/5-5.5-15
(730 ILCS 5/5-5.5-15)
Certificates of relief from disabilities issued by courts.
(a) Any circuit court of this State may issue a
relief from disabilities to an eligible offender for a conviction that
occurred in that court if the court imposed the sentence. The certificate may be issued (i) at the time
sentence is pronounced, in which case it may grant relief from
disabilities, or (ii) at any time
thereafter, in which case it shall apply only to disabilities.
(b) The certificate may not be issued by the court unless the court
is satisfied, based on clear and convincing evidence, that:
(1) the person to whom it is to be granted is an
eligible offender, as defined in Section 5-5.5-5;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the eligible offender; and
(3) the relief to be granted by the certificate is
consistent with the public interest.
(c) If a certificate of relief from disabilities is not issued at
the time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may, for the purpose of
determining whether the certificate shall be issued, request the
probation or court services department to conduct an investigation of the
applicant. Any probation officer
requested to make an investigation under this Section shall
prepare and submit to the court a written report in accordance with the
(d) Any court that has issued a certificate of relief from disabilities
may at any time issue a new certificate to enlarge the relief previously
granted provided that the provisions of clauses (1)
through (3) of subsection (b) of this Section apply to the issuance of
any such new certificate.
(e) Any written report submitted to the court under this Section
is confidential and may not be made available to any person or public or
private agency except if specifically required or permitted by
statute or upon specific authorization of the court. However, it shall
be made available by the court for examination by the applicant's
attorney, or the applicant himself or herself, if he or she has no attorney. In
its discretion, the court may except from disclosure a part or parts of the
report that are not relevant to the granting of a certificate, or
sources of information which have been obtained on a promise of
confidentiality, or any other portion of the report, disclosure of which
would not be in the interest of justice. The action of the court excepting
information from disclosure shall be subject to appellate review. The
court, in its discretion, may hold a conference in open court or in
chambers to afford an applicant an opportunity to controvert or to
comment upon any portions of the report. The court may also conduct a
summary hearing at the conference on any matter relevant to the granting
of the application and may take testimony under oath.
(f) An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of relief from disabilities, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of relief from disabilities.
(Source: P.A. 96-852, eff. 1-1-10.)