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730 ILCS 5/5-4-1
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
(Text of Section from P.A. 102-813) Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is
sought under hearing procedures otherwise specified, after a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the | |
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
| | based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
|
|
(4) consider evidence and information offered by the
| | parties in aggravation and mitigation;
|
| (4.5) consider substance abuse treatment, eligibility
| | screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
|
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
| | statement in his own behalf;
|
|
(7) afford the victim of a violent crime or a
| | violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
|
| (7.5) afford a qualified person affected by: (i) a
| | violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
|
|
(8) in cases of reckless homicide afford the victim's
| | spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
|
|
(9) in cases involving a felony sex offense as
| | defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
|
| (10) make a finding of whether a motor vehicle was
| | used in the commission of the offense for which the defendant is being sentenced.
|
| (b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
| | report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
|
| (2) consider the treatment recommendations of any
| | diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
|
| For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
| |
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
| | screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
| (4) the number of days, if any, which the defendant
| | has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
|
|
(4.1) any finding of great bodily harm made by the
| | court with respect to an offense enumerated in subsection (c-1);
|
|
(5) all statements filed under subsection (d) of this
| |
(6) any medical or mental health records or summaries
| |
(7) the municipality where the arrest of the offender
| | or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
|
|
(8) all statements made and evidence offered under
| | paragraph (7) of subsection (a) of this Section; and
|
|
(9) all additional matters which the court directs
| |
(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 103-18)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is
sought under hearing procedures otherwise specified, after a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the
| |
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
| | based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
|
|
(4) consider evidence and information offered by the
| | parties in aggravation and mitigation;
|
| (4.5) consider substance abuse treatment, eligibility
| | screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
|
|
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
| | statement in his own behalf;
|
|
(7) afford the victim of a violent crime or a
| | violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
|
| (7.5) afford a qualified person affected by: (i) a
| | violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
|
|
(8) in cases of reckless homicide afford the victim's
| | spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
|
|
(9) in cases involving a felony sex offense as
| | defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
|
| (10) make a finding of whether a motor vehicle was
| | used in the commission of the offense for which the defendant is being sentenced.
|
| (b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
| | report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
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| (2) consider the treatment recommendations of any
| | diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
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| For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
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(3) any presentence reports;
(3.3) the person's last known complete street address
| | prior to incarceration or legal residence, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is 18 years of age or older;
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(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
| | screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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| (4) the number of days, if any, which the defendant
| | has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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(4.1) any finding of great bodily harm made by the
| | court with respect to an offense enumerated in subsection (c-1);
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(5) all statements filed under subsection (d) of this
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(6) any medical or mental health records or summaries
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(7) the municipality where the arrest of the offender
| | or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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(8) all statements made and evidence offered under
| | paragraph (7) of subsection (a) of this Section; and
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(9) all additional matters which the court directs
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(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24.)
(Text of Section from P.A. 103-51)
Sec. 5-4-1. Sentencing hearing.
(a) After a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the
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(2) consider any presentence reports;
(3) consider the financial impact of incarceration
| | based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
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(4) consider evidence and information offered by the
| | parties in aggravation and mitigation;
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| (4.5) consider substance abuse treatment, eligibility
| | screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
| | statement in his own behalf;
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(7) afford the victim of a violent crime or a
| | violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
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| (7.5) afford a qualified person affected by: (i) a
| | violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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(8) in cases of reckless homicide afford the victim's
| | spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
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(9) in cases involving a felony sex offense as
| | defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
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| (10) make a finding of whether a motor vehicle was
| | used in the commission of the offense for which the defendant is being sentenced.
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| (b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
| | report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
|
| (2) consider the treatment recommendations of any
| | diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
|
| For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
| |
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
| | screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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| (4) the number of days, if any, which the defendant
| | has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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(4.1) any finding of great bodily harm made by the
| | court with respect to an offense enumerated in subsection (c-1);
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(5) all statements filed under subsection (d) of this
| |
(6) any medical or mental health records or summaries
| |
(7) the municipality where the arrest of the offender
| | or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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(8) all statements made and evidence offered under
| | paragraph (7) of subsection (a) of this Section; and
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(9) all additional matters which the court directs
| |
(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-51, eff. 1-1-24.)
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