(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.)
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