Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CORRECTIONS730 ILCS 5/5-5-7
(730 ILCS 5/) Unified Code of Corrections.
(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 placed in the guardianship or custody of the Department of Children and Family Services 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. 100-159, eff. 8-18-17.)
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.)
730 ILCS 5/5-5.5-20
(730 ILCS 5/5-5.5-20)
(Source: P.A. 93-207, eff. 1-1-04. Repealed by P.A. 96-852, eff. 1-1-10.)
730 ILCS 5/5-5.5-25
(730 ILCS 5/5-5.5-25)
Certificate of good conduct.
(a) A certificate of good conduct may be granted as provided in this Section to relieve an eligible offender of any employment, occupational licensing, or housing bar. The certificate may be limited to one or more disabilities or bars or may relieve the individual of all disabilities and bars.
Notwithstanding any other provision of law, a certificate of good conduct does not relieve an offender of any employment-related disability imposed by law by reason of his or her conviction of a crime that would prevent his or her employment by the Department of Corrections, Department of Juvenile Justice, or any other law enforcement agency in the State.
A certificate of good conduct may be granted as provided in this
Section to an eligible offender as defined in Section 5-5.5-5 of this Code
who has demonstrated by clear and convincing evidence that he or she has been a law-abiding citizen and is fully
(b)(i) A certificate of good conduct may not, however, in any
way prevent any judicial proceeding, administrative, licensing, or other body,
board, or authority from considering the conviction specified
in the certificate.
(ii) A certificate of good conduct 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.
(iii) A certificate of good conduct does not limit any employer, landlord, judicial proceeding, administrative, licensing, or other body, board, or authority from accessing criminal background information; nor does it hide, alter, or expunge the record.
(c) An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of good conduct, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of good conduct.
(d) The existence of a certificate of good conduct does not preclude a landlord or an administrative, licensing, or other body, board, or authority from retaining full discretion to grant or deny the application for housing or licensure.
(Source: P.A. 101-154, eff. 1-1-20
730 ILCS 5/5-5.5-30
(730 ILCS 5/5-5.5-30)
Issuance of certificate of good conduct.
(a) After a rehabilitation review has been held, in a manner designated by the chief judge of the judicial circuit in which the conviction was entered, the Circuit Court of that judicial circuit
shall have the power to issue a certificate of good
conduct to any eligible offender previously convicted of a crime in this State,
and shall make a specific finding of rehabilitation with the force and effect of a final judgment on the merits, when
the Court is satisfied that:
(1) the applicant has conducted himself or herself in
a manner warranting the issuance for a minimum period in accordance with the provisions of subsection (c) of this Section;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the applicant; and
(3) the relief to be granted is consistent with the
(b) The Circuit Court shall have the power to issue a certificate of good
conduct to any person previously convicted of a crime in any other
jurisdiction, when the Court is satisfied that:
(1) the applicant has demonstrated that there exist
specific facts and circumstances and specific sections of Illinois State law that have an adverse impact on the applicant and warrant the application for relief to be made in Illinois; and
(2) the provisions of paragraphs (1), (2), and (3) of
subsection (a) of this Section have been met.
(c) The minimum period of good conduct by the individual referred to
in paragraph (1) of subsection (a) of this Section, shall be as follows:
if the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; if
the most serious crime of which the individual was convicted is a felony, the minimum period of good conduct shall be 2 years.
Criminal acts committed outside the State
shall be classified as acts committed within the State based on the
maximum sentence that could have been imposed based upon the
conviction under the laws of the foreign jurisdiction. The minimum
period of good conduct by the individual shall be measured either from
the date of the payment of any fine imposed upon him or her, or from the
date of his or her release from custody by parole, mandatory supervised
release or commutation or termination of his or her sentence.
The Circuit Court shall have power and it shall be its duty to investigate all
persons when the application is made and to grant or deny the same
within a reasonable time after the making of the application.
(d) If the Circuit Court has issued a certificate of good
conduct, the Court may at any time issue a new certificate enlarging the
relief previously granted.
(e) Any certificate of good conduct issued by the Court to
an individual who at the time of the issuance of the certificate is under the
conditions of parole or mandatory supervised release imposed by the
Prisoner Review Board shall be deemed to be a temporary certificate until the time as the
individual is discharged from the terms of parole or mandatory
supervised release, and, while temporary, the certificate may be
revoked by the Court for violation of the conditions of parole or
mandatory supervised release. Revocation shall be upon
notice to the parolee or releasee, who shall be accorded an opportunity to
explain the violation prior to a decision on the revocation. If the certificate
is not so revoked, it shall become a permanent certificate upon expiration
or termination of the offender's parole or mandatory supervised release term.
(f) The Court shall, upon notice to a certificate holder, have the power to revoke a certificate of good conduct upon a subsequent conviction.
(Source: P.A. 99-381, eff. 1-1-16