(730 ILCS 5/Ch. V Art. 1 heading) ARTICLE 1.
GENERAL DEFINITIONS
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(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.)
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(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) (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.)
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(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.)
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(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) (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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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) (from Ch. 38, par. 1005-1-9)
Sec. 5-1-9. Felony.
"Felony" means an offense for which a sentence to a term of
imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 103-51, eff. 1-1-24 .)
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(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.)
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(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.)
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(730 ILCS 5/5-1-12) (from Ch. 38, par. 1005-1-12)
Sec. 5-1-12.
Judgment.
"Judgment" means an adjudication by the court that the defendant is
guilty or not guilty, and if the adjudication is that the defendant is
guilty, it includes the sentence pronounced by the court.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
Sec. 5-1-13. Intellectual disability. "Intellectual disability" means sub-average general
intellectual functioning generally originating during the developmental
period and associated with impairment in adaptive behavior reflected in
delayed maturation or reduced learning ability or inadequate social
adjustment.
(Source: P.A. 99-143, eff. 7-27-15.)
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(730 ILCS 5/5-1-14) (from Ch. 38, par. 1005-1-14)
Sec. 5-1-14.
Misdemeanor.
"Misdemeanor" means any offense for which a sentence to a term of
imprisonment in other than a penitentiary for less than one year may be
imposed.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-1-15) (from Ch. 38, par. 1005-1-15)
Sec. 5-1-15.
Offense.
"Offense" means conduct for which a sentence to a term of imprisonment
or to a fine is provided by any law of this State or by any law, local law
or ordinance of a political subdivision of this State, or by any order,
rule or regulation of any governmental instrumentality authorized by law to
adopt the same.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-1-16) (from Ch. 38, par. 1005-1-16)
Sec. 5-1-16. Parole.
"Parole" means the conditional and revocable release of a person committed to the Department of Corrections
under the supervision of a parole officer.
(Source: P.A. 98-558, eff. 1-1-14.)
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(730 ILCS 5/5-1-17) (from Ch. 38, par. 1005-1-17)
Sec. 5-1-17. Petty Offense.
"Petty offense" means any offense for which a sentence of imprisonment is not an authorized disposition.
(Source: P.A. 95-1052, eff. 7-1-09 .)
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(730 ILCS 5/5-1-18) (from Ch. 38, par. 1005-1-18)
Sec. 5-1-18.
Probation.
"Probation" means a sentence or disposition of conditional and revocable
release under the supervision of a probation officer.
(Source: P.A. 78-939.)
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(730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1)
Sec. 5-1-18.1.
"Public or community service" means uncompensated labor
for a non-profit organization or public body whose purpose is to enhance
physical or mental stability, environmental quality or the social welfare
and which agrees to accept public or community service from offenders and
to report on the progress of the public or community service to the court. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Chapter, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
(Source: P.A. 98-824, eff. 1-1-15 .)
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(730 ILCS 5/5-1-18.2) (from Ch. 38, par. 1005-1-18.2)
Sec. 5-1-18.2.
"Site" means non-profit organization or public body agreeing
to accept community service from offenders and to report on the progress of
ordered public or community service to the court or its delegate.
(Source: P.A. 85-449.)
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(730 ILCS 5/5-1-19) (from Ch. 38, par. 1005-1-19)
Sec. 5-1-19.
Sentence.
"Sentence" is the disposition imposed by the court on a convicted
defendant.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-1-20) (from Ch. 38, par. 1005-1-20)
Sec. 5-1-20.
State.
"State" or "this State" means the State of Illinois.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-1-21) (from Ch. 38, par. 1005-1-21)
Sec. 5-1-21.
Supervision.) "Supervision" means a disposition of conditional
and revocable release without probationary supervision, but under such conditions
and reporting requirements as are imposed by the court, at the successful
conclusion of which disposition the defendant is discharged and a judgment
dismissing the charges is entered.
(Source: P.A. 79-1334.)
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(730 ILCS 5/5-1-22) (from Ch. 38, par. 1005-1-22)
Sec. 5-1-22.
Victim.
"Victim" shall have the meaning ascribed to
the term "crime victim" in subsection (a) of Section 3 of the Rights of Crime
Victims and Witnesses
Act.
(Source: P.A. 92-651, eff. 7-11-02.)
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