(730 ILCS 5/Ch. I heading) CHAPTER I.
GENERAL PROVISIONS
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(730 ILCS 5/Ch. I Art. 1 heading) ARTICLE 1.
SHORT TITLE, PURPOSES
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(730 ILCS 5/1-1-1) (from Ch. 38, par. 1001-1-1)
Sec. 1-1-1.
Short title.
This Code shall be known and may be cited as the Unified Code of Corrections.
(Source: P.A. 77-2097.)
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(730 ILCS 5/1-1-2) (from Ch. 38, par. 1001-1-2)
Sec. 1-1-2.
Purposes.
The purposes of this Code of Corrections are to:
(a) prescribe sanctions proportionate to the seriousness of the offenses
and permit the recognition of differences in rehabilitation possibilities
among individual offenders;
(b) forbid and prevent the commission of offenses;
(c) prevent arbitrary or oppressive treatment of persons adjudicated
offenders or delinquents; and
(d) restore offenders to useful citizenship.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. III heading) CHAPTER III.
DEPARTMENT OF CORRECTIONS
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(730 ILCS 5/Ch. III Art. 1 heading) ARTICLE 1.
DEFINITIONS
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(730 ILCS 5/3-1-1) (from Ch. 38, par. 1003-1-1)
Sec. 3-1-1.
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 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions. (a) "Chief Administrative Officer" means the
person designated by the Director to exercise the powers and duties of the
Department of Corrections in regard to committed persons within
a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-3) "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 supervision of the Department of Juvenile Justice. (a-5) "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 means: (i) A violation of any of the following Sections of | ||
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(ii) A violation of any of the following Sections of | ||
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(iii) A violation of any of the following Sections of | ||
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10-1 (kidnapping),
10-2 (aggravated kidnapping), 10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint). An attempt to commit any of these offenses. (iv) A violation of any former law of this State | ||
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An offense violating federal law or the law of another state
that is substantially equivalent to any offense listed in this
subsection (a-5) shall constitute a sex offense for the purpose of
this subsection (a-5). A finding or adjudication as a sexually dangerous person under
any federal law or law of another state that is substantially equivalent to the
Sexually Dangerous Persons Act shall constitute an adjudication for a sex offense for the
purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the Department,
however a committed person shall not be considered to be an employee of
the Department of Corrections for any purpose, including eligibility for
a pension, benefits, or any other compensation or rights or privileges which
may be provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party added software, designed to delete information from the computer unit, the hard drive, or other software, which would eliminate and prevent discovery of browser activity, including, but not limited to, Internet history, address bar or bars, cache or caches, and/or cookies, and which would over-write files in a way so as to make previous computer activity, including, but not limited to, website access, more difficult to discover. (c-10) "Content-controlled tablet" means any device that can only access visitation applications or content relating to educational or personal development. (d) "Correctional institution or facility" means any building or
part of a building where committed persons are kept in a secured manner.
(d-5) "Correctional officer" means: an
employee of the Department of Corrections who has custody and
control over committed persons in an adult correctional facility; or, for an employee of the Department of Juvenile Justice, direct care staff of persons committed to a juvenile facility. (e) "Department" means both the Department of Corrections and the Department of Juvenile Justice of this State, unless the context is specific to either the Department of Corrections or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and the Director of Juvenile Justice, unless the context is specific to either the Director of Corrections or the Director of Juvenile Justice.
(f-5) (Blank).
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized absence
of a committed person from the custody of the Department.
(j) "Furlough" means an authorized leave of absence from the
Department of Corrections for a designated purpose and period of time.
(k) "Parole" means the conditional and revocable release
of a person committed to the Department of Corrections under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain prisoners
alleged to have violated Department rules with respect to good
time credits, to set release dates for certain prisoners
sentenced under the law in effect prior to February 1, 1978 (the effective
date of Public Act 80-1099), to hear and decide the time of aftercare release for persons committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 to hear requests and
make recommendations to the Governor with respect to pardon,
reprieve or commutation, to set conditions for parole, aftercare release, and
mandatory supervised release and determine whether violations
of those conditions justify revocation of parole or release,
and to assume all other functions previously exercised by the
Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections,
such term may be construed by the Department or Court, within
its discretion, to include treatment, service, or counseling by
a Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Code.
(n) "Victim" shall have the meaning ascribed to it in subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act.
(o) "Wrongfully imprisoned person" means a person who has been discharged from a prison of this State and
has received: (1) a pardon from the Governor stating that such | ||
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(2) a certificate of innocence from the | ||
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(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
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(730 ILCS 5/Ch. III Art. 2 heading) ARTICLE 2.
ORGANIZATION OF DEPARTMENT
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(730 ILCS 5/3-2-1) (from Ch. 38, par. 1003-2-1)
Sec. 3-2-1.
Consolidation of the Department.
This Chapter consolidates in one statute certain powers and duties of
the Department of Corrections and deletes inoperative and duplicative
statutory provisions with respect to such powers and duties.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) (Text of Section before amendment by P.A. 103-834) Sec. 3-2-2. Powers and duties of the Department. (1) In addition to the powers, duties, and responsibilities which are otherwise provided by law, the Department shall have the following powers: (a) To accept persons committed to it by the courts | ||
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(b) To develop and maintain reception and evaluation | ||
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(b-1) To create and implement, on January 1, 2002, a | ||
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(b-5) To develop, in consultation with the Illinois | ||
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(c) To maintain and administer all State correctional | ||
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Pursuant to its power to establish new institutions | ||
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Upon receipt of the bids, the Department may certify | ||
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(c-5) To build and maintain regional juvenile | ||
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(d) To develop and maintain programs of control, | ||
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(d-5) To provide a pre-release job preparation | ||
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(d-10) To provide educational and visitation | ||
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(e) To establish a system of supervision and guidance | ||
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(f) To establish in cooperation with the Department | ||
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(g) To maintain records of persons committed to it | ||
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(h) To investigate the grievances of any person | ||
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If any person fails to obey a subpoena issued under | ||
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(i) To appoint and remove the chief administrative | ||
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(j) To cooperate with other departments and agencies | ||
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(k) To administer all moneys and properties of the | ||
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(l) To report annually to the Governor on the | ||
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(l-5) (Blank). (m) To make all rules and regulations and exercise | ||
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(n) To establish rules and regulations for | ||
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(o) To administer the distribution of funds from the | ||
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(p) To exchange information with the Department of | ||
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(q) To establish a diversion program. The program shall provide a structured environment | ||
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Elements of the program shall include, but shall not | ||
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(1) The staff of a diversion facility shall | ||
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(2) Participants shall be required to maintain | ||
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(3) Each participant shall pay for room and board | ||
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(4) Each participant shall: (A) provide restitution to victims in | ||
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(B) provide financial support to his | ||
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(C) make appropriate payments toward any | ||
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(5) Each participant shall complete community | ||
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(6) Participants shall take part in such | ||
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(7) Participants shall submit to drug and alcohol | ||
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(8) The Department shall promulgate rules | ||
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(r) To enter into intergovernmental cooperation | ||
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(r-5) (Blank). (r-10) To systematically and routinely identify with | ||
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(i) are members of a criminal streetgang; (ii) with respect to other individuals within the | ||
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(iii) are actively and personally engaged in | ||
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"Streetgang", "gang", and "streetgang related" have the | ||
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(s) To operate a super-maximum security institution, | ||
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(t) To monitor any unprivileged conversation or any | ||
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As used in this subdivision (1)(t), "unprivileged | ||
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(u) To establish a Women's and Children's Pre-release | ||
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(u-5) To issue an order, whenever a person committed | ||
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(u-6) To appoint a point of contact person who shall | ||
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(v) To do all other acts necessary to carry out the | ||
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(2) The Department of Corrections shall by January 1, 1998, consider building and operating a correctional facility within 100 miles of a county of over 2,000,000 inhabitants, especially a facility designed to house juvenile participants in the impact incarceration program. (3) When the Department lets bids for contracts for medical services to be provided to persons committed to Department facilities by a health maintenance organization, medical service corporation, or other health care provider, the bid may only be let to a health care provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization. (4) When the Department lets bids for contracts for food or commissary services to be provided to Department facilities, the bid may only be let to a food or commissary services provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization. (5) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice. (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-834) Sec. 3-2-2. Powers and duties of the Department. (1) In addition to the powers, duties, and responsibilities which are otherwise provided by law, the Department shall have the following powers: (a) To accept persons committed to it by the courts | ||
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(b) To develop and maintain reception and evaluation | ||
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(b-1) To create and implement, on January 1, 2002, a | ||
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(b-5) To develop, in consultation with the Illinois | ||
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(c) To maintain and administer all State correctional | ||
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Pursuant to its power to establish new institutions | ||
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Upon receipt of the bids, the Department may certify | ||
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(c-5) To build and maintain regional juvenile | ||
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(d) To develop and maintain programs of control, | ||
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(d-5) To provide a pre-release job preparation | ||
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(d-10) To provide educational and visitation | ||
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(e) To establish a system of supervision and guidance | ||
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(f) To establish in cooperation with the Department | ||
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(g) To maintain records of persons committed to it | ||
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(h) To investigate the grievances of any person | ||
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If any person fails to obey a subpoena issued under | ||
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(i) To appoint and remove the chief administrative | ||
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(j) To cooperate with other departments and agencies | ||
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(k) To administer all moneys and properties of the | ||
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(l) To report annually to the Governor on the | ||
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(l-5) (Blank). (m) To make all rules and regulations and exercise | ||
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(n) To establish rules and regulations for | ||
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(o) To administer the distribution of funds from the | ||
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(p) To exchange information with the Department of | ||
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(q) To establish a diversion program. The program shall provide a structured environment | ||
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Elements of the program shall include, but shall not | ||
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(1) The staff of a diversion facility shall | ||
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(2) Participants shall be required to maintain | ||
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(3) Each participant shall pay for room and board | ||
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(4) Each participant shall: (A) provide restitution to victims in | ||
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(B) provide financial support to his | ||
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(C) make appropriate payments toward any | ||
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(5) Each participant shall complete community | ||
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(6) Participants shall take part in such | ||
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(7) Participants shall submit to drug and alcohol | ||
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(8) The Department shall promulgate rules | ||
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(r) To enter into intergovernmental cooperation | ||
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(r-5) (Blank). (r-10) To systematically and routinely identify with | ||
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(i) are members of a criminal streetgang; (ii) with respect to other individuals within the | ||
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(iii) are actively and personally engaged in | ||
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"Streetgang", "gang", and "streetgang related" have the | ||
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(s) To operate a super-maximum security institution, | ||
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(t) To monitor any unprivileged conversation or any | ||
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As used in this subdivision (1)(t), "unprivileged | ||
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(u) To establish a Women's and Children's Pre-release | ||
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(u-5) To issue an order, whenever a person committed | ||
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(u-6) To appoint a point of contact person who shall | ||
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(v) To do all other acts necessary to carry out the | ||
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(2) The Department of Corrections shall by January 1, 1998, consider building and operating a correctional facility within 100 miles of a county of over 2,000,000 inhabitants, especially a facility designed to house juvenile participants in the impact incarceration program. (3) When the Department lets bids for contracts for medical services to be provided to persons committed to Department facilities by a health maintenance organization, medical service corporation, or other health care provider, the bid may only be let to a health care provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization. (4) When the Department lets bids for contracts for food or commissary services to be provided to Department facilities, the bid may only be let to a food or commissary services provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization. (5) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice. (6) The Department of Corrections shall provide lactation or nursing mothers rooms for personnel of the Department. The rooms shall be provided in each facility of the Department that employs nursing mothers. Each individual lactation room must: (i) contain doors that lock; (ii) have an "Occupied" sign for each door; (iii) contain electrical outlets for plugging in | ||
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(iv) have sufficient lighting and ventilation; (v) contain comfortable chairs; (vi) contain a countertop or table for all necessary | ||
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(vii) contain a wastebasket and chemical cleaners to | ||
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(viii) have a functional sink; (ix) have a minimum of one refrigerator for storage | ||
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(x) receive routine daily maintenance. (Source: P.A. 102-350, eff. 8-13-21; 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-834, eff. 1-1-25.) |
(730 ILCS 5/3-2-2.1) Sec. 3-2-2.1. (Repealed).(Source: P.A. 84-1411. Repealed by P.A. 103-616, eff. 7-1-24.) |
(730 ILCS 5/3-2-2.2)
Sec. 3-2-2.2. (Repealed).
(Source: P.A. 86-1327. Repealed by P.A. 101-275, eff. 8-9-19.)
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(730 ILCS 5/3-2-2.3) Sec. 3-2-2.3. Voting rights information. (a) The Department shall make available to a person in its custody current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in the following formats: (1) in print; (2) on the Department's website; and (3) in a visible location on the premises of each | ||
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(b) The current resource materials described under subsection (a) shall be provided upon release of a person on parole, mandatory supervised release, final discharge, or pardon from the Department.
(Source: P.A. 101-442, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(730 ILCS 5/3-2-2.4)
Sec. 3-2-2.4. (Repealed).
(Source: P.A. 102-558, eff. 8-20-21. Repealed internally, eff. 1-1-22.)
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(730 ILCS 5/3-2-3) (from Ch. 38, par. 1003-2-3)
Sec. 3-2-3. Director; Appointment; Powers and Duties.
(a) The Department shall be administered by the Director of Corrections
who shall be appointed by the Governor in accordance with the Civil
Administrative Code of Illinois.
(b) The Director shall establish such Divisions within the Department in
addition to those established under Sections 3-2-5 and 3-2-5.5 as shall be desirable and
shall assign to the various Divisions the responsibilities and duties
placed in the Department by the laws of this State.
(Source: P.A. 100-527, eff. 6-1-18.)
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(730 ILCS 5/3-2-3.1) (from Ch. 38, par. 1003-2-3.1)
Sec. 3-2-3.1. Treaties. If a treaty in effect between the United States
and a foreign country provides for the transfer or exchange of convicted
offenders to the country of which they are citizens or nationals, the Governor
may, on behalf of the State and subject to the terms of the treaty, authorize the
Director of Corrections or the Director of Juvenile Justice to consent to the transfer or exchange of offenders
and take any other action necessary to initiate the participation of this
State in the treaty. Before any transfer or exchange may occur, the Director of Corrections shall notify in writing the Prisoner Review Board and the Office of the State's Attorney which obtained the defendant's conviction, or the Director of Juvenile Justice shall notify in writing the Office of the State's Attorney which obtained the youth's conviction.
(Source: P.A. 99-628, eff. 1-1-17.)
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(730 ILCS 5/3-2-4) (from Ch. 38, par. 1003-2-4)
Sec. 3-2-4.
Governor to Visit.
The Governor shall visit the institutions, facilities and programs of
the Department as often as he deems fit, for the purpose of examining into
the affairs and conditions of the Department.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
Sec. 3-2-5. Organization of the Department of Corrections and the Department of Juvenile Justice.
(a) There shall be a Department of Corrections which shall
be administered by a Director and an Assistant Director appointed by the Governor under
the Civil Administrative Code of Illinois. The Assistant Director shall be
under the direction of the Director. The Department of Corrections shall be
responsible for all persons committed or transferred to the Department
under Sections 3-10-7 or 5-8-6 of this Code.
(b)
There shall be a Department of Juvenile Justice which shall be administered by a Director appointed by the Governor under the Civil Administrative Code of Illinois. The Department of Juvenile Justice shall be responsible for all persons under 18 years of age when sentenced to imprisonment and committed to the Department under subsection (c) of Section 5-8-6 of this Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 of the Juvenile Court Act of 1987. Persons under 18 years of age committed to the Department of Juvenile Justice pursuant to this Code shall be sight and sound separate from adult offenders committed to the Department of Corrections.
(c) The Department shall create a gang intelligence unit under the
supervision of the Director. The unit shall be specifically designed to gather
information regarding the inmate gang population, monitor the activities of
gangs, and prevent the furtherance of gang activities through the development
and implementation of policies aimed at deterring gang activity. The Director
shall appoint a Corrections Intelligence Coordinator.
All information collected and maintained by the unit shall be highly
confidential, and access to that information shall be restricted by the
Department. The information
shall be used to control and limit the activities of gangs within correctional
institutions under the jurisdiction of the Illinois
Department of Corrections and may be shared with other law enforcement agencies
in order to curb gang activities outside of correctional institutions under the
jurisdiction of the Department and to assist in
the investigations and prosecutions of gang activity. The Department shall
establish and promulgate rules governing the release of information to outside
law enforcement agencies. Due to the highly sensitive nature of the
information, the information is exempt from requests for disclosure under the
Freedom
of Information Act as the information contained is highly confidential and may
be harmful if disclosed.
(Source: P.A. 98-463, eff. 8-16-13; 99-628, eff. 1-1-17.)
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(730 ILCS 5/3-2-5.5) Sec. 3-2-5.5. Women's Division. (a) As used in this Section: "Gender-responsive" means taking into account gender | ||
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"Trauma-informed practices" means practices | ||
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(b) The Department shall create a permanent Women's Division under the direct supervision of the Director. The Women's Division shall have statewide authority and operational oversight for all of the Department's women's correctional centers and women's adult transition centers. (c) The Director shall appoint a Chief Administrator for the Women's Division who has received nationally recognized specialized training in gender-responsive and trauma-informed practices. The Chief Administrator shall be responsible for: (1) management and supervision of all employees | ||
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(2) development and implementation of evidence-based, | ||
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(3) development of the Women's Division training, | ||
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(4) training all staff assigned to the Women's | ||
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(5) implementation of validated gender-responsive | ||
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(6) implementation of a gender-responsive risk, | ||
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(7) collaborating with the Chief Administrator of | ||
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(Source: P.A. 102-687, eff. 12-17-21.) |
(730 ILCS 5/3-2-6) (from Ch. 38, par. 1003-2-6)
Sec. 3-2-6. Advisory Boards. (a) There shall be an Advisory Board within the Department of Corrections composed of 11 persons, one of whom shall be a senior citizen age 60
or over, appointed by the Governor to advise the Director
on matters pertaining to adult offenders. The
members of the Boards shall be qualified for their positions by
demonstrated interest in and knowledge of adult and juvenile correctional
work and shall not be officials of the State in any other capacity. The
members first appointed under this amendatory Act of 1984
shall serve for a term of 6 years and shall be appointed as soon as
possible after the effective date of this amendatory Act of 1984. The
members of the Boards now serving shall complete their terms as appointed,
and thereafter members shall be appointed by the Governor to terms of 6
years. Any vacancy occurring shall be filled in the same manner for the
remainder of the term. The Director of Corrections and the Assistant
Directors
shall be ex-officio members of the Boards. Each Board shall elect a
chairman from among its appointed members. The Director shall serve as
secretary of each Board. Members of each Board shall serve without
compensation but shall be reimbursed for expenses necessarily incurred in
the performance of their duties. The Board shall meet quarterly and at
other times at the call of the chairman.
(b) The Boards shall advise the Director concerning policy matters and
programs of the Department with regard to the custody, care, study,
discipline, training and treatment of persons in the State correctional
institutions and for the care and supervision of persons released on parole.
(c) There shall be a Subcommittee on Women Offenders to the
Advisory Board. The Subcommittee shall be composed of 3 members of the
Advisory Board appointed by the Chairman who shall designate one
member as the chairman of the Subcommittee. Members of the Subcommittee
shall serve without compensation but shall be reimbursed for expenses
necessarily incurred in the performance of their duties. The Subcommittee
shall meet no less often than quarterly and at other times at the call of its chairman.
The Subcommittee shall advise the Advisory Board and the
Director on all policy matters and programs of the Department with regard
to the custody, care, study, discipline, training and treatment of women in
the State correctional institutions and for the care and supervision of
women released on parole.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-2-7) (from Ch. 38, par. 1003-2-7)
Sec. 3-2-7. Staff Training and Development.
(a) The Department shall train its own personnel and any personnel from
local agencies by agreements under Section 3-15-2.
(b) To develop and train its personnel, the Department may make grants
in aid for academic study and training in fields related to corrections.
The Department shall establish rules for the conditions and amounts of such
grants. The Department may employ any person during his program of studies
and may require the person to work for it on completion of his program
according to the agreement entered into between the person receiving the
grant and the Department.
(c) The Department shall implement a wellness program to
provide employees and staff with support to address both professional and personal challenges as
they relate to the correctional environment. The Department shall establish response teams to
provide comprehensive support to employees and staff affected by events that are both duty-related
and not duty-related and provide training to response team members. The wellness program shall
be accessible to any Department employee, whether full-time or part-time, contractual or
temporary staff and approved volunteers. The wellness program may include, but not limited to,
providing information, education, referrals, peer support, debriefing, and newsletters. Employee
and staff access to wellness response team support shall be voluntary and remain confidential.(Source: P.A. 102-616, eff. 1-1-22.)
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(730 ILCS 5/3-2-8) (from Ch. 38, par. 1003-2-8)
Sec. 3-2-8.
Research and Long Range Planning.
(a) The Department shall establish programs of research, statistics and
planning, including the study of its own performance concerning the
treatment of juveniles and adult offenders.
(b) The Department may conduct and supervise research into the causes,
detection and treatment of criminality, and disseminate such information to
the public and to governmental and private agencies.
(c) The Department may establish such joint research and information
facilities with governmental and private agencies as it shall determine,
and in furtherance thereof may accept financial and other assistance from
public or private sources.
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-2-9) (from Ch. 38, par. 1003-2-9)
Sec. 3-2-9.
Each fiscal year, the Department shall prepare and
submit to the clerk of the circuit court a financial impact statement that
includes the estimated annual and monthly cost of incarcerating an
individual in a Department facility and the estimated construction cost per
bed. The estimated annual cost of incarcerating an individual in a
Department facility shall be derived by taking the annual expenditures of
Department of Corrections facilities and all administrative costs and dividing the sum
of these factors by the average annual inmate population of the facilities.
All statements shall be made available to the public for inspection and
copying.
(Source: P.A. 97-1083, eff. 8-24-12.)
|
(730 ILCS 5/3-2-10)
Sec. 3-2-10.
Badges.
The Director must authorize to each correctional
officer
and
parole officer and to any other employee of the Department exercising the
powers of a
peace officer a distinct badge that, on its face, (i) clearly states that the
badge is authorized
by the
Department and (ii) contains a unique identifying number.
No other badge shall be authorized by
the Department.
(Source: P.A. 91-883, eff. 1-1-01.)
|
(730 ILCS 5/3-2-10.5) Sec. 3-2-10.5. Retiring security employees and parole agents; purchase of service firearm and badge. The Director shall establish a program to allow a security employee or parole agent of the Department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the security employee or parole agent by the Department; or (2) if the security employee or parole agent has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the security employee or parole agent by the Department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-719, eff. 5-6-22.) |
(730 ILCS 5/3-2-11)
Sec. 3-2-11. Web link to Department of Public Health information. On the Department's official Web site, the Department shall provide a link to the information provided to persons committed to the Department and those persons' family members and friends by the Department of Public Health pursuant to Section 2310-321 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Implementation of this Section is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.) |
(730 ILCS 5/3-2-12) Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports. (a) The Department of Corrections shall collect and report: (1) data on a rate per 100 of committed persons | ||
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(A) committed person on committed person assaults; (B) committed person on correctional staff | ||
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(C) dangerous contraband, including weapons, | ||
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(D) committed person on committed person fights; (E) multi-committed person on single committed | ||
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(F) committed person use of a weapon on | ||
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(G) committed person use of a weapon on | ||
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(H) sexual assault committed by a committed | ||
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(I) sexual assault committed by correctional | ||
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(J) correctional staff use of physical force; (K) forced cell extraction; (L) use of oleoresin capsaicin (pepper spray), | ||
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(M) committed person suicide and attempted | ||
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(N) requests and placements in protective | ||
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(O) committed persons in segregation, secured | ||
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(2) data on average length of stay in segregation, | ||
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(b)
The Department of Corrections shall collect and report: (1) data on a rate per 100 of committed persons | ||
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(A) committed persons released directly from | ||
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(B) the types of housing facilities, whether | ||
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(C) committed persons in custody who have | ||
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(i) educational; (ii) vocational; (iii) chemical dependency; (iv) sex offender treatment; or (v) cognitive behavioral; (D) committed persons who are being held in | ||
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(E) parole and mandatory supervised release | ||
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(F) committed persons on parole or mandatory | ||
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(A) educational; (B) vocational; (C) chemical dependency; (D) sex offender treatment; or (E) cognitive behavioral; and (2) data on the average daily population and vacancy | ||
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(c) The data provided under subsections (a) and (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate
chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections. (d) The Director of Corrections shall ensure that the agency level data is reviewed by the Director's executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility shall examine statewide and
local data at least quarterly. During these reviews, each chief administrative officer shall: (1) identify trends; (2) develop action items to mitigate the root causes | ||
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(3) establish committees at each correctional | ||
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(Source: P.A. 100-907, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(730 ILCS 5/3-2-13) Sec. 3-2-13. Possession of a Firearm Owner's Identification Card. The Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing in this Section shall otherwise impair the Department's ability to determine an employee's fitness for duty. A collective bargaining agreement already in effect on this issue on January 1, 2022 (the effective date of Public Act 102-645) cannot be modified, but on or after January 1, 2022 (the effective date of Public Act 102-645), the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The Department shall document if and why an employee has been determined to pose a clear and present danger. In this Section, "mental health facility" and "qualified examiner" have the meanings provided in the Mental Health and Developmental Disabilities Code.(Source: P.A. 102-645, eff. 1-1-22; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2-14) Sec. 3-2-14. Correctional officers of the Department of Corrections; coverage under the federal Law Enforcement Officers Safety Act of 2004. Correctional officers of the Department of Corrections shall be deemed to be qualified law enforcement officers or, for retired correctional officers of the Department of Corrections, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the correctional officer or retired correctional officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois.
(Source: P.A. 102-779, eff. 1-1-23.) |
(730 ILCS 5/Ch. III Art. 2.5 heading)
ARTICLE 2.5. DEPARTMENT OF JUVENILE JUSTICE
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-1)
Sec. 3-2.5-1. Short title. This Article 2.5 may be cited as the Department of Juvenile Justice Law.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-5)
Sec. 3-2.5-5. Purpose. The purpose of this Article is to create the Department of Juvenile Justice to provide treatment and services through a comprehensive continuum of individualized educational, vocational, social, emotional, and basic life skills to enable youth to avoid delinquent futures and become productive, fulfilled citizens. The Department shall embrace the legislative policy of the State to promote the philosophy of balanced and restorative justice set forth in Section 5-101 of the Juvenile Court Act of 1987. This amendatory Act of the 94th General Assembly transfers to the Department certain rights, powers, duties, and functions that were exercised by the Juvenile Division of the Department of Corrections before the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-10)
Sec. 3-2.5-10. Definitions. As used in this Article, unless the context otherwise requires: "Department" means the Department of Juvenile Justice. "Director" means the Director of Juvenile Justice. Any reference to the "Assistant Director of the Juvenile Division" or of a predecessor department or agency occurring in any law or instrument shall, beginning on the effective date of this amendatory Act of the 94th General Assembly, be construed to mean the Director of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-15) Sec. 3-2.5-15. Department of Juvenile Justice; assumption of duties of the Juvenile Division. (a) The Department of Juvenile Justice shall assume the rights, powers, duties, and responsibilities of the Juvenile Division of the Department of Corrections. Personnel, books, records, property, and unencumbered appropriations pertaining to the Juvenile Division of the Department of Corrections shall be transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. Any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. (b) Department of Juvenile Justice personnel who are hired by the Department on or after the effective date of this amendatory Act of the 94th General Assembly and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must: (1) be over the age of 21 and (2) have a high school diploma or equivalent and either (A) a bachelor's or advanced degree from an accredited college or university or (B) 2 or more years of experience providing
direct care to youth in the form of residential care,
coaching, case management, or mentoring. This requirement shall not apply to security, clerical, food service, and maintenance staff that do not have direct and regular contact with youth. The degree requirements specified in this subsection (b) are not required of persons who provide vocational training and who have adequate knowledge in the skill for which they are providing the vocational training. (c) Subsection (b) of this Section does not apply to personnel transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. (d) The Department shall be under the direction of the Director of Juvenile Justice as provided in this Code. (e) The Director shall organize divisions within the Department and shall assign functions, powers, duties, and personnel as required by law. The Director may create other divisions and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department. The Director may, with the approval of the Office of the Governor, assign to and share functions, powers, duties, and personnel with other State agencies such that administrative services and administrative facilities are provided by a shared administrative service center. Where possible, shared services which impact youth should be done with child-serving agencies. These administrative services may include, but are not limited to, all of the following functions: budgeting, accounting related functions, auditing, human resources, legal, procurement, training, data collection and analysis, information technology, internal investigations, intelligence, legislative services, emergency response capability, statewide transportation services, and general office support. (f) The Department of Juvenile Justice may enter into intergovernmental cooperation agreements under which minors adjudicated delinquent and committed to the Department of Juvenile Justice may participate in county juvenile impact incarceration programs established under Section 3-6039 of the Counties Code.
(g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act. (h) The Department of Juvenile Justice shall implement a wellness program to support health and wellbeing among staff and service providers within the Department of Juvenile Justice environment. The Department of Juvenile Justice shall establish response teams to provide support to employees and staff affected by events that are both duty-related and not duty-related and provide training to response team members. The Department's wellness program shall be accessible to any Department employee or service provider, including contractual employees and approved volunteers. The wellness program may include information sharing, education and activities designed to support health and well-being within the Department's environment. Access to
wellness response team support shall be voluntary and remain confidential.(Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.) |
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties. (a) In addition to the powers, duties, and responsibilities which are otherwise provided by law or transferred to the Department as a result of this Article, the Department, as determined by the Director, shall have, but is not limited to, the following rights, powers, functions, and duties: (1) To accept juveniles committed to it by the courts | ||
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(2) To maintain and administer all State juvenile | ||
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(3) To identify the need for and recommend the | ||
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(3.5) To assist youth committed to the Department of | ||
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(4) To establish and provide transitional and | ||
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(i) family and individual counseling and | ||
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(ii) referral services to any other State or | ||
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(iii) mental health services; (iv) educational services; (v) family counseling services; and (vi) substance abuse services. (5) To access vital records of juveniles for the | ||
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(6) To develop staffing and workload standards and | ||
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(6.5) To develop policies and procedures promoting | ||
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(7) To develop, with the approval of the Office of | ||
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(8) To administer the Interstate Compact for | ||
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(9) To decide the date of release on aftercare for | ||
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(10) To set conditions of aftercare release for all | ||
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(b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice. (d) To maintain and administer all State youth centers and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new youth centers and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the Youth Corrections System. Pursuant to its power to establish new institutions and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling or conversion of a structure to be leased to the Department of Juvenile Justice for the purposes of its serving as a youth center or facility. Such construction, remodeling or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright. Upon receipt of the bids, the Department may certify one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid. (Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21; 102-558, eff. 8-20-21.) |
(730 ILCS 5/3-2.5-30)
Sec. 3-2.5-30. Discontinued Department and office; successor agency. (a) The Juvenile Division of the Department of Corrections is abolished on the effective date of this amendatory Act of the 94th General Assembly. (b) The term of the person then serving as the Assistant Director of the Juvenile Division of the Department of Corrections shall end on the effective date of this amendatory Act of the 94th General Assembly, and that office is abolished on that date. (c) For the purposes of the Successor Agency Act, the Department of Juvenile Justice is declared to be the successor agency of the Juvenile Division of the Department of Corrections.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-35)
Sec. 3-2.5-35. Transfer of powers. Except as otherwise provided in this Article, all of the rights, powers, duties, and functions vested by law in the Juvenile Division of the Department of Corrections are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-40)
Sec. 3-2.5-40. Transfer of personnel. (a) Personnel employed by the school district of the Department of Corrections who work with youth under the age of 21 and personnel employed by the Juvenile Division of the Department of Corrections immediately preceding the effective date of this amendatory Act of the 94th General Assembly are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(b) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Article. Any rights of State employees affected by this Article shall be governed by the existing collective bargaining agreements.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-40.1) Sec. 3-2.5-40.1. Training. The Department shall design training for its personnel and shall enter into agreements with the Department of Corrections or other State agencies and through them, if necessary, public and private colleges and universities, or private organizations to ensure that staff are trained to work with a broad range of youth and possess the skills necessary to assess, engage, educate, and intervene with youth in its custody in ways that are appropriate to ensure successful outcomes for those youth and their families pursuant to the mission of the Department. The training for Department personnel shall include courses in restorative practices. In this Section, "restorative practices" means programs and activities based on a philosophical framework that emphasizes the need to repair harm through a process of mediation and peace circles in order to promote empowerment and reparation. The Department may adopt rules to implement the training, including the length and frequency of the courses and the curriculum for the courses.
(Source: P.A. 100-157, eff. 1-1-18.) |
(730 ILCS 5/3-2.5-45)
Sec. 3-2.5-45. Transfer of property. All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall be transferred and delivered to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-50)
Sec. 3-2.5-50. Rules and standards. (a) The rules and standards of the Juvenile Division of the Department of Corrections that are in effect immediately prior to the effective date of this amendatory Act of the 94th General Assembly and pertain to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall become the rules and standards of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly and shall continue in effect until amended or repealed by the Department. (b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Article that have been proposed by the Juvenile Division of the Department of Corrections but have not taken effect or been finally adopted immediately prior to the effective date of this amendatory Act of the 94th General Assembly shall become proposed rules of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly, and any rulemaking procedures that have already been completed by the Juvenile Division of the Department of Corrections for those proposed rules need not be repeated. (c) As soon as practical after the effective date of this amendatory Act of the 94th General Assembly, the Department of Juvenile Justice shall revise and clarify the rules transferred to it under this Article to reflect the reorganization of rights, powers, duties, and functions effected by this Article using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Department may propose and adopt under the Illinois Administrative Procedure Act such other rules as may be necessary to consolidate and clarify the rules of the agency reorganized by this Article.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-60)
Sec. 3-2.5-60. Savings provisions. (a) The rights, powers, duties, and functions transferred to the Department of Juvenile Justice by this Article shall be vested in and exercised by the Department subject to the provisions of this Article. An act done by the Department of an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the Juvenile Division of the Department of Corrections or an officer, employee, or agent of the Juvenile Division of the Department of Corrections. (b) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not invalidate any previous action taken by or in respect to the Juvenile Division of the Department of Corrections or its officers, employees, or agents. References to the Juvenile Division of the Department of Corrections or its officers, employees, or agents in any document, contract, agreement, or law shall in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents. (c) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions. (d) With respect to matters that pertain to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article: (1) Beginning on the effective date of this | ||
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(2) Beginning on the effective date of this | ||
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(e) This Article does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before the effective date of this amendatory Act of the 94th General Assembly. Any such action or proceeding that pertains to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article and that is pending on that date may be prosecuted, defended, or continued by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.) |
(730 ILCS 5/3-2.5-61) Sec. 3-2.5-61. Annual and other reports. (a) The Director shall make an annual electronic report to the Governor and General Assembly concerning persons committed to the Department, its institutions, facilities, and programs, of all moneys expended and received, and on what accounts expended and received no later than January 1 of each year. The report shall include the ethnic and racial background data, not identifiable to an individual, of all persons committed to the Department, its institutions, facilities, programs, and outcome measures established with the Juvenile Advisory Board. (b) The Department of Juvenile Justice shall, by January 1, April 1, July 1, and October 1 of each year, electronically transmit to the Governor and General Assembly, a report which shall include the following information: (1) the number of youth in each of the Department's | ||
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(2) the demographics of sex, age, race and ethnicity, | ||
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(3) the educational and vocational programs provided | ||
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(4) the present capacity levels in each facility; (5) staff-to-youth ratios in accordance with the | ||
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(6) the number of reported assaults on staff at each | ||
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(7) the number of reported incidents of youth sexual | ||
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(8) the number of staff injuries resulting from youth | ||
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(c) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act. (d) The Department shall: (1) establish a reasonable procedure for employees | ||
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(2) inform each employee: (A) of the procedure for reporting work-related | ||
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(B) of the right to report work-related assaults | ||
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(C) that the Department is prohibited from | ||
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(3) not discharge, discipline or in any manner | ||
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(e) For the purposes of paragraphs (7) and (8) of subsection (b) only, reports shall be filed beginning July 1, 2019 or the implementation of the Department's Offender 360 Program, whichever occurs first. (Source: P.A. 100-1075, eff. 1-1-19; 101-159, eff. 1-1-20.) |
(730 ILCS 5/3-2.5-65) Sec. 3-2.5-65. Juvenile Advisory Board. (a) There is created a Juvenile Advisory Board composed of 11 persons, appointed by the Governor to advise the Director on matters pertaining to juvenile offenders. The members of the Board shall be qualified for their positions by demonstrated interest in and knowledge of juvenile correctional work consistent with the definition of purpose and mission of the Department in Section 3-2.5-5 and shall not be officials of the State in any other capacity. The members under this amendatory Act of the 94th General Assembly shall be appointed as soon as possible after the effective date of this amendatory Act of the 94th General Assembly and be appointed to staggered terms 3 each expiring in 2007, 2008, and 2009 and 2 of the members' terms expiring in 2010. Thereafter all members will serve for a term of 6 years, except that members shall continue to serve until their replacements are appointed. Any vacancy occurring shall be filled in the same manner for the remainder of the term. The Director of Juvenile Justice shall be an ex officio member of the Board. The Board shall elect a chair from among its appointed members. The Director shall serve as secretary of the Board. Members of the Board shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The Board shall meet quarterly and at other times at the call of the chair. (b) The Board shall: (1) Advise the Director concerning policy matters and | ||
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(2) Establish, with the Director and in conjunction | ||
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(Source: P.A. 98-558, eff. 1-1-14; 99-255, eff. 1-1-16.) |
(730 ILCS 5/3-2.5-70) Sec. 3-2.5-70. Aftercare. (a) The Department shall implement an aftercare program that includes, at a minimum, the following program elements: (1) A process for developing and implementing a case | ||
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(2) A process for reviewing committed youth for | ||
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(3) Supervision in accordance with the conditions set | ||
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(4) Standards for sanctioning violations of | ||
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(5) A process for reviewing youth on aftercare | ||
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(b) The Department of Juvenile Justice shall have the following rights, powers, functions, and duties: (1) To investigate alleged violations of an aftercare | ||
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(2) To issue a violation warrant for the apprehension | ||
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(c) The Department of Juvenile Justice shall designate aftercare specialists qualified in juvenile matters to perform case management and post-release programming functions under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.) |
(730 ILCS 5/3-2.5-75) Sec. 3-2.5-75. Release from Department of Juvenile Justice. (a) Upon release of a youth on aftercare, the Department shall return all property held for the youth, provide the youth with suitable clothing, and procure necessary transportation for the youth to his or her designated place of residence and employment. It may provide the youth with a grant of money for travel and expenses which may be paid in installments. The amount of the money grant shall be determined by the Department. (b) Before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, the Department shall provide him or her with any documents necessary after discharge. (c) The Department of Juvenile Justice may establish and maintain, in any institution it administers, revolving funds to be known as "Travel and Allowances Revolving Funds". These revolving funds shall be used for advancing travel and expense allowances to committed, released, and discharged youth. The moneys paid into these revolving funds shall be from appropriations to the Department for committed, released, and discharged prisoners. (d) Upon the release of a youth on aftercare, the Department shall provide that youth with information concerning programs and services of the Department of Public Health to ascertain whether that youth has been exposed to the human immunodeficiency virus (HIV) or any identified causative agent of Acquired Immunodeficiency Syndrome (AIDS). (e) Upon the release of a youth on aftercare or who has been wrongfully imprisoned, the Department shall verify the youth's full name, date of birth, and social security number. If verification is made by the Department by obtaining a certified copy of the youth's birth certificate and the youth's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the youth. If verification is done by means other than obtaining a certified copy of the youth's birth certificate and the youth's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State and shall provide that verification form to the youth.
(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907, eff. 7-1-17.) |
(730 ILCS 5/3-2.5-80) Sec. 3-2.5-80. Supervision on aftercare release. (a) The Department shall retain custody of all youth placed on aftercare release or released under Section 3-2.5-85 or 3-3-10 of this Code. The Department shall supervise those youth during their aftercare release period in accordance with the conditions set by the Department or Prisoner Review Board. (b) A copy of youth's conditions of aftercare release shall be signed by the youth and given to the youth and to his or her aftercare specialist who shall report on the youth's progress under the rules of the Department. Aftercare specialists and supervisors shall have the full power of peace officers in the retaking of any releasee who has allegedly violated his or her aftercare release conditions. The aftercare specialist may request the Department of Juvenile Justice to issue a warrant for the arrest of any releasee who has allegedly violated his or her aftercare release conditions. (c) The aftercare supervisor shall request the Department of Juvenile Justice to issue an aftercare release violation warrant, and the Department of Juvenile Justice shall issue an aftercare release violation warrant, under the following circumstances: (1) if the releasee has a subsequent delinquency | ||
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(2) if the releasee is required to and fails to | ||
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(3) (blank); or (4) if the releasee is on aftercare release for a | ||
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Personnel designated by the Department of Juvenile Justice or another peace officer may detain an alleged aftercare release violator until a warrant for his or her return to the Department of Juvenile Justice can be issued. The releasee may be delivered to any secure place until he or she can be transported to the Department of Juvenile Justice. The aftercare specialist or the Department of Juvenile Justice shall file a violation report with notice of charges with the Department. (d) The aftercare specialist shall regularly advise and consult with the releasee and assist the youth in adjusting to community life in accord with this Section. (e) If the aftercare releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, the aftercare specialist shall periodically, but not less than once a month, verify that the releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7. (f) The aftercare specialist shall keep those records as the Department may require. All records shall be entered in the master file of the youth.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.) |
(730 ILCS 5/3-2.5-85) Sec. 3-2.5-85. Eligibility for release; determination. (a) Every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987, except those committed for first degree murder, shall be: (1) Eligible for aftercare release without regard to | ||
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(2) Placed on aftercare release on or before his or | ||
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(3) Considered for aftercare release at least 30 days | ||
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(b) Subsections (d) through (l) of this Section do not apply when a youth is released under paragraph (2) of subsection (a) of this Section or the youth's release is otherwise required by law or ordered by the court. Youth who have been tried as an adult and committed to the Department under Section 5-8-6 of this Code are only eligible for mandatory supervised release as an adult under Section 3-3-3 of this Code. (c) The Department shall establish a process for deciding the date of release on aftercare for every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987. The process shall include establishing a target release date upon commitment to the Department, the regular review and appropriate adjustment of the target release date, and the final release consideration at least 30 days prior to the youth's target release date. The establishment, adjustment, and final consideration of the target release date shall include consideration of the following factors: (1) the nature and seriousness of the youth's offense; (2) the likelihood the youth will reoffend or will | ||
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(3) the youth's progress since being committed to the | ||
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The target release date for youth committed to the Department for first degree murder shall not precede the minimum period of confinement provided in Section 5-750 of the Juvenile Court Act of 1987. These youth shall be considered for release upon completion of their minimum term of confinement and at least annually thereafter. The target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall be extended by not less than 12 months. (d) If the youth being considered for aftercare release has a petition or any written submissions prepared on his or her behalf by an attorney or other representative, the attorney or representative for the youth must serve by certified mail the State's Attorney of the county where the youth was prosecuted with the petition or any written submissions 15 days prior to the youth's target release date. (e) In making its determination of aftercare release, the Department shall consider: (1) material transmitted to the Department by the | ||
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(2) the report under Section 3-10-2; (3) a report by the Department and any report by the | ||
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(4) an aftercare release progress report; (5) a medical and psychological report, if available; (6) material in writing, or on film, video tape or | ||
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(7) material in writing, or on film, video tape or | ||
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(8) the youth's eligibility for commitment under the | ||
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(f) The prosecuting State's Attorney's office shall receive from the Department reasonable written notice not less than 30 days prior to the target release date and may submit relevant information by oral argument or testimony of victims and concerned citizens, or both, in writing, or on film, video tape or other electronic means or in the form of a recording to the Department for its consideration. The State's Attorney may waive the written notice of the target release date at any time. Upon written request of the State's Attorney's office, provided the request is received within 15 days of receipt of the written notice of the target release date, the Department shall hear protests to aftercare release. If a State's Attorney requests a protest hearing, the committed youth's attorney or other representative shall also receive notice of the request and a copy of any information submitted by the State's Attorney. This hearing shall take place prior to the youth's aftercare release. The Department shall schedule the protest hearing date, providing at least 15 days' notice to the State's Attorney. If the protest hearing is rescheduled, the Department shall promptly notify the State's Attorney of the new date. (g) The victim of the violent crime for which the youth has been sentenced shall receive notice of the target release date as provided in paragraph (4) of subsection (d) of Section 4.5 of the Rights of Crime Victims and Witnesses Act. (h) The Department shall not release any material to the youth, the youth's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the youth's aftercare release, unless provided with a waiver from that objecting party. The Department shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. (i) Any recording considered under the provisions of paragraph (6) or (7) of subsection (e) or subsection (f) of this Section shall be in the form designated by the Department. The recording shall be both visual and aural. Every voice on the recording and person present shall be identified and the recording shall contain either a visual or aural statement of the person submitting the recording, the date of the recording, and the name of the youth whose aftercare release is being considered. The recordings shall be retained by the Department and shall be considered during any subsequent aftercare release decision if the victim or State's Attorney submits in writing a declaration clearly identifying the recording as representing the position of the victim or State's Attorney regarding the release of the youth. (j) The Department shall not release a youth eligible for aftercare release if it determines that: (1) there is a substantial risk that he or she will | ||
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(2) his or her release at that time would deprecate | ||
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(3) his or her release would have a substantially | ||
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(k) The Department shall render its release decision and shall state the basis therefor both in the records of the Department and in written notice to the youth who was considered for aftercare release. In its decision, the Department shall set the youth's time for aftercare release, or if it denies aftercare release it shall provide for reconsideration of aftercare release not less frequently than once each year. (l) The Department shall ensure all evaluations and proceedings under the Sexually Violent Persons Commitment Act are completed prior to any youth's release, when applicable. (m) Any youth whose aftercare release has been revoked by the Prisoner Review Board under Section 3-3-9.5 of this Code may be rereleased to the full aftercare release term by the Department at any time in accordance with this Section. Youth rereleased under this subsection shall be subject to Sections 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5 of this Code. (n) The Department shall adopt rules regarding the exercise of its discretion under this Section.
(Source: P.A. 102-350, eff. 8-13-21.) |
(730 ILCS 5/3-2.5-90) Sec. 3-2.5-90. Release to warrant or detainer. (a) If a warrant or detainer is placed against a youth by the court or other authority of this or any other jurisdiction, the Department of Juvenile Justice shall inquire before the youth is considered for aftercare release whether the authority concerned intends to execute or withdraw the process if the youth is released. (b) If the authority notifies the Department that it intends to execute the process when the youth is released, the Department shall advise the authority concerned of the sentence or disposition under which the youth is held, the time of eligibility for release, any decision of the Department relating to the youth and the nature of his or her adjustment during confinement, and shall give reasonable notice to the authority of the youth's release date. (c) The Department may release a youth to a warrant or detainer. The Department may provide, as a condition of aftercare release, that if the charge or charges on which the warrant or detainer is based are dismissed or satisfied, prior to the expiration of the youth's aftercare release term, the authority to whose warrant or detainer he or she was released shall return him or her to serve the remainder of his or her aftercare release term. (d) If a youth released to a warrant or detainer is thereafter sentenced to probation, or released on parole in another jurisdiction prior to the expiration of his or her aftercare release term in this State, the Department may permit the youth to serve the remainder of his or her term in either of the jurisdictions.
(Source: P.A. 99-628, eff. 1-1-17.) |
(730 ILCS 5/3-2.5-95) Sec. 3-2.5-95. Conditions of aftercare release. (a) The conditions of aftercare release for all youth committed to the Department under the Juvenile Court Act of 1987 shall be such as the Department of Juvenile Justice deems necessary to assist the youth in leading a law-abiding life. The conditions of every aftercare release are that the youth: (1) not violate any criminal statute of any | ||
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(2) refrain from possessing a firearm or other | ||
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(3) report to an agent of the Department; (4) permit the agent or aftercare specialist to visit | ||
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(5) reside at a Department-approved host site; (6) secure permission before visiting or writing a | ||
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(7) report all arrests to an agent of the Department | ||
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(8) obtain permission of an agent of the Department | ||
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(9) obtain permission of an agent of the Department | ||
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(10) consent to a search of his or her person, | ||
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(11) refrain from the use or possession of narcotics | ||
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(12) not frequent places where controlled substances | ||
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(13) not knowingly associate with other persons on | ||
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(14) provide true and accurate information, as it | ||
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(15) follow any specific instructions provided by the | ||
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(16) comply with the terms and conditions of an order | ||
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(17) if convicted of a sex offense as defined in the | ||
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(18) if convicted of a sex offense as defined in the | ||
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(19) if convicted for an offense that would qualify | ||
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(20) if convicted for an offense that would qualify | ||
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(21) if convicted under Section 11-6, 11-20.1, | ||
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(22) if convicted for an offense that would qualify | ||
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(23) if convicted for an offense under Section 11-6, | ||
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(A) not access or use a computer or any other | ||
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(B) submit to periodic unannounced examinations | ||
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(C) submit to the installation on the youth's | ||
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(D) submit to any other appropriate restrictions | ||
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(24) if convicted of a sex offense as defined in the | ||
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(25) if convicted of a sex offense as defined in | ||
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(26) if convicted of a sex offense as defined in | ||
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(27) if convicted of a violation of an order of | ||
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(28) if convicted of a violation of the | ||
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(A) prohibited from purchasing, possessing, or | ||
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(B) prohibited from purchasing, possessing, or | ||
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(b) The Department may in addition to other conditions require that the youth: (1) work or pursue a course of study or vocational | ||
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(2) undergo medical or psychiatric treatment, or | ||
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(3) attend or reside in a facility established for | ||
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(4) support his or her dependents; (5) if convicted for an offense that would qualify | ||
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(6) if convicted for an offense that would qualify as | ||
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(A) not access or use a computer or any other | ||
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(B) submit to periodic unannounced examinations | ||
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(C) submit to the installation on the youth's | ||
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(D) submit to any other appropriate restrictions | ||
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(7) in addition to other conditions: (A) reside with his or her parents or in a foster | ||
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(B) attend school; (C) attend a non-residential program for youth; or (D) contribute to his or her own support at home | ||
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(c) In addition to the conditions under subsections (a) and (b) of this Section, youths required to register as sex offenders under the Sex Offender Registration Act, upon release from the custody of the Department of Juvenile Justice, may be required by the Department to comply with the following specific conditions of release: (1) reside only at a Department approved location; (2) comply with all requirements of the Sex Offender | ||
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(3) notify third parties of the risks that may be | ||
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(4) obtain the approval of an agent of the Department | ||
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(5) not be employed or participate in any volunteer | ||
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(6) be electronically monitored for a specified | ||
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(7) refrain from entering into a designated | ||
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(8) refrain from having any contact, including | ||
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(9) refrain from all contact, directly or indirectly, | ||
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(10) neither possess or have under his or her control | ||
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(11) not patronize any business providing sexually | ||
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(12) not reside near, visit, or be in or about parks, | ||
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(13) not possess or have under his or her control | ||
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(14) may be required to provide a written daily log | ||
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(15) comply with all other special conditions that | ||
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(16) take an annual polygraph exam; (17) maintain a log of his or her travel; or (18) obtain prior approval of an agent of the | ||
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(d) The conditions under which the aftercare release is to be served shall be communicated to the youth in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection if one had been issued by the criminal court, shall be retained by the youth and another copy forwarded to the officer or aftercare specialist in charge of his or her supervision. (e) After a revocation hearing under Section 3-3-9.5, the Department of Juvenile Justice may modify or enlarge the conditions of aftercare release. (f) The Department shall inform all youth of the optional services available to them upon release and shall assist youth in availing themselves of the optional services upon their release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.) |
(730 ILCS 5/3-2.5-100) Sec. 3-2.5-100. Length of aftercare release; discharge. (a) The aftercare release term of a youth committed to the Department under the Juvenile Court Act of 1987 shall be as set out in Section 5-750 of the Juvenile Court Act of 1987, unless sooner terminated under subsection (b) of this Section, as otherwise provided by law, or as ordered by the court. The aftercare release term of youth committed to the Department as a habitual or violent juvenile offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall continue until the youth's 21st birthday unless sooner terminated under subsection (c) of this Section, as otherwise provided by law, or as ordered by the court. (b) Provided that the youth is in compliance with the terms and conditions of his or her aftercare release, the Department of Juvenile Justice may reduce the period of a releasee's aftercare release by 90 days upon the releasee receiving a high school diploma or upon passage of high school equivalency testing during the period of his or her aftercare release. This reduction in the period of a youth's term of aftercare release shall be available only to youth who have not previously earned a high school diploma or who have not previously passed high school equivalency testing. (c) The Department of Juvenile Justice may discharge a youth from aftercare release and his or her commitment to the Department in accordance with subsection (3) of Section 5-750 of the Juvenile Court Act of 1987, if it determines that he or she is likely to remain at liberty without committing another offense.
(d) Upon the discharge of a youth, the Department may
continue to provide services to the youth for up to 12 months
to allow the youth to participate in vocational,
rehabilitative, or supportive programs. The continuance of
services may be requested by the youth, the youth's parent or
guardian, or the Director of Juvenile Justice. (Source: P.A. 103-290, eff. 7-28-23.) |
(730 ILCS 5/3-2.5-110) Sec. 3-2.5-110. State Compact Administrator. A State Compact Administrator for the Interstate Compact for Juveniles shall be appointed by the Governor. The Juvenile State Compact Administrator shall be a representative of the Illinois Department of Juvenile Justice and shall act as the day-to-day administrator for the Interstate Compact for Juveniles. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Juveniles, as provided in Article III of the Compact. One Deputy State Compact Administrator from probation shall be appointed by the Supreme Court. A second Deputy State Compact Administrator shall be appointed by the Department of Human Services.
(Source: P.A. 95-937, eff. 8-26-08.) |
(730 ILCS 5/Ch. III Art. 2.7 heading) ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE INDEPENDENT JUVENILE OMBUDSPERSON
(Source: P.A. 103-22, eff. 8-8-23.) |
(730 ILCS 5/3-2.7-1) Sec. 3-2.7-1. Short title. This Article may be cited as the Department of Juvenile Justice Independent Juvenile Ombudsperson Law.
(Source: P.A. 103-22, eff. 8-8-23.) |
(730 ILCS 5/3-2.7-5) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-5. Purpose. The purpose of this Article is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsperson for the purpose of securing the rights of youth committed to the Department of Juvenile Justice, including youth released on aftercare before final discharge.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-5. Purpose. The purpose of this Article is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsperson for the purpose of securing the rights of youth committed to the Department of Juvenile Justice and county-operated juvenile detention centers, including youth released on aftercare before final discharge.(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-10) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise: "Department" means the Department of Juvenile Justice. "Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling. "Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections. "Office" means the Office of the Independent Juvenile Ombudsperson. "Ombudsperson" means the Department of Juvenile Justice Independent Juvenile Ombudsperson. "Youth" means any person committed by court order to the custody of the Department of Juvenile Justice, including youth released on aftercare before final discharge. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise: "County-operated juvenile detention center" means any shelter care home or detention home as "shelter" and "detention" are defined in Section 1.1 of the County Shelter Care and Detention Home Act and any other facility that detains youth in the juvenile justice system that is specifically designated to detain or incarcerate youth. "County-operated juvenile detention center" does not include police or other temporary law enforcement holding locations. "Department" means the Department of Juvenile Justice. "Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling. "Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections. "Office" means the Office of the Independent Juvenile Ombudsperson. "Ombudsperson" means the Department of Juvenile Justice Independent Juvenile Ombudsperson. "Youth" means any person committed by court order to the custody of the Department of Juvenile Justice or a county-operated juvenile detention center, including youth released on aftercare before final discharge. (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-15) Sec. 3-2.7-15. Appointment of Independent Juvenile Ombudsperson. The Governor shall appoint the Independent Juvenile Ombudsperson with the advice and consent of the Senate for a term of 4 years, with the first term expiring February 1, 2017. A person appointed as Ombudsperson may be reappointed to one or more subsequent terms. A vacancy shall occur upon resignation, death, or removal. The Ombudsperson may only be removed by the Governor for incompetency, malfeasance, neglect of duty, or conviction of a felony. If the Senate is not in session or is in recess when an appointment subject to its confirmation is made, the Governor shall make a temporary appointment which shall be subject to subsequent Senate approval.
The Ombudsperson may employ deputies to perform, under the direction of the Ombudsperson, the same duties and exercise the same powers as the Ombudsperson, and may employ other support staff as deemed necessary. The Ombudsperson and deputies must: (1) be over the age of 21 years; (2) have a bachelor's or advanced degree from an | ||
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(3) have relevant expertise in areas such as the | ||
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(Source: P.A. 103-22, eff. 8-8-23.) |
(730 ILCS 5/3-2.7-20) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson or as a deputy if the person or the person's immediate family or household member: (1) is or has been employed by the Department of | ||
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(2) participates in the management of a business | ||
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(3) owns or controls, directly or indirectly, any | ||
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(4) uses or receives any amount of tangible goods, | ||
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(5) is required to register as a lobbyist for an | ||
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(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson or as a deputy if the person or the person's immediate family or household member: (1) is or has been employed by the Department of | ||
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(2) participates in the management of a business | ||
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(3) owns or controls, directly or indirectly, any | ||
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(4) uses or receives any amount of tangible goods, | ||
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(5) is required to register as a lobbyist for an | ||
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(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-25) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-25. Duties and powers. (a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's duties. Funding for the Office shall be designated separately within Department funds. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson. (b) The Office of Independent Juvenile Ombudsperson shall have the following duties: (1) review and monitor the implementation of the | ||
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(2) provide assistance to a youth or family whom the | ||
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(3) investigate and attempt to resolve complaints | ||
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(A) a youth committed to the Department of | ||
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(B) a systemic issue in the Department of | ||
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(4) review or inspect periodically the facilities and | ||
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(5) be accessible to and meet confidentially and | ||
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(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor: (1) cases of severe abuse or injury of a youth; (2) serious misconduct, misfeasance, malfeasance, or | ||
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(3) serious problems concerning the delivery of | ||
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(4) interference by the Department of Juvenile | ||
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(5) other cases as deemed necessary by the | ||
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(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsperson shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (e) In performance of the Ombudsperson's duties, the Ombudsperson may: (1) review court files of youth; (2) recommend policies, rules, and legislation | ||
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(3) make appropriate referrals under any of the | ||
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(4) attend internal administrative and disciplinary | ||
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(5) perform other acts, otherwise permitted or | ||
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(f) To assess if a youth's rights have been violated, the Ombudsperson may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-25. Duties and powers. (a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice and county-operated juvenile detention centers with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor and to local authorities as provided in Section 3-2.7-50. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's duties. Funding for the Office shall be designated separately within Department funds and shall include funds for operations at county-operated juvenile detention centers. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson. County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsperson to meet confidentially with youth and otherwise in performance of the Ombudsperson's duties under this Article. (b) The Office of Independent Juvenile Ombudsperson shall have the following duties: (1) review and monitor the implementation of the | ||
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(2) provide assistance to a youth or family whom the | ||
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(3) investigate and attempt to resolve complaints | ||
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(A) a youth committed to the Department of | ||
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(B) a systemic issue in the Department of | ||
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(4) review or inspect periodically the facilities and | ||
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(5) be accessible to and meet confidentially and | ||
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(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor, and for cases that arise in county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts: (1) cases of severe abuse or injury of a youth; (2) serious misconduct, misfeasance, malfeasance, or | ||
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(3) serious problems concerning the delivery of | ||
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(4) interference by the Department of Juvenile | ||
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(5) other cases as deemed necessary by the | ||
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(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsperson shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (e) In performance of the Ombudsperson's duties, the Ombudsperson may: (1) review court files of youth; (2) recommend policies, rules, and legislation | ||
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(3) make appropriate referrals under any of the | ||
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(4) attend internal administrative and disciplinary | ||
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(5) perform other acts, otherwise permitted or | ||
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(f) To assess if a youth's rights have been violated, the Ombudsperson may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-30) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-30. Duties of the Department of Juvenile Justice. (a) The Department of Juvenile Justice shall allow any youth to communicate with the Ombudsperson or a deputy at any time. The communication: (1) may be in person, by phone, by mail, or by any | ||
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(2) is confidential and privileged. (b) The Department shall allow the Ombudsperson and deputies full and unannounced access to youth and Department facilities at any time. The Department shall furnish the Ombudsperson and deputies with appropriate meeting space in each facility in order to preserve confidentiality. (c) The Department shall allow the Ombudsperson and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice as practical and to attend appropriate professional training when requested by the Ombudsperson. (d) The Department shall provide the Ombudsperson copies of critical incident reports involving a youth residing in a facility operated by the Department. Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes. (e) The Department shall provide the Ombudsperson with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department. (f) The Department of Juvenile Justice may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsperson or cooperates with the Office. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-30. Duties of the Department of Juvenile Justice or county-operated juvenile detention center. (a) The Department of Juvenile Justice and every county-operated juvenile detention center shall allow any youth to communicate with the Ombudsperson or a deputy at any time. The communication: (1) may be in person, by phone, by mail, or by any | ||
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(2) is confidential and privileged. (b) The Department and county-operated juvenile detention centers shall allow the Ombudsperson and deputies full and unannounced access to youth and Department facilities and county-operated juvenile detention centers at any time. The Department and county-operated juvenile detention centers shall furnish the Ombudsperson and deputies with appropriate meeting space in each facility in order to preserve confidentiality. (c) The Department and county-operated juvenile detention centers shall allow the Ombudsperson and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice and county-operated juvenile detention centers as practical and to attend appropriate professional training when requested by the Ombudsperson. (d) The Department and county-operated juvenile detention centers shall provide the Ombudsperson copies of critical incident reports involving a youth residing in a facility operated by the Department or a county-operated juvenile detention center. Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes. (e) The Department and county-operated juvenile detention centers shall provide the Ombudsperson with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department or a county-operated juvenile detention center. (f) The Department of Juvenile Justice and county-operated juvenile detention centers may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsperson or cooperates with the Office. (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-35) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsperson shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of the Office for the prior fiscal year. The summaries shall contain data both aggregated and disaggregated by individual facility and describe: (1) the work of the Ombudsperson; (2) the status of any review or investigation | ||
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(3) any recommendations that the Independent Juvenile | ||
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(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsperson shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of the Office for the prior fiscal year. The summaries shall contain data both aggregated and disaggregated by individual facility and describe: (1) the work of the Ombudsperson; (2) the status of any review or investigation | ||
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(3) any recommendations that the Independent Juvenile | ||
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With respect to county-operated juvenile detention centers, the Ombudsperson shall provide data responsive to paragraphs (1) through (3) to the chief judge of the applicable judicial circuit and to the Director of the Administrative Office of the Illinois Courts, and shall make the data publicly available. (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-40) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsperson shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution. When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity. The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsperson shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice or a county-operated juvenile detention center. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution. When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity. The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-45) Sec. 3-2.7-45. Confidentiality. The name, address, or other personally identifiable information of a person who files a complaint with the Office, information generated by the Office related to a complaint or other activities of the Office, and confidential records obtained by the Office are not subject to disclosure under the Freedom of Information Act. The Office shall disclose the records only if required by court order on a showing of good cause.
(Source: P.A. 98-1032, eff. 8-25-14.) |
(730 ILCS 5/3-2.7-50) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-50. Promotion and awareness of Office. The Independent Juvenile Ombudsperson shall promote awareness among the public and youth of: (1) the rights of youth committed to the Department; (2) the purpose of the Office; (3) how the Office may be contacted; (4) the confidential nature of communications; and (5) the services the Office provides. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-50. Promotion and awareness of Office. The Independent Juvenile Ombudsperson shall promote awareness among the public and youth of: (1) the rights of youth committed to the Department | ||
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(2) the purpose of the Office; (3) how the Office may be contacted; (4) the confidential nature of communications; and (5) the services the Office provides. (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-2.7-55) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice shall provide the Independent Juvenile Ombudsperson unrestricted access to all master record files of youth under Section 3-5-1 of this Code. Access to educational, social, psychological, mental health, substance abuse, and medical records shall not be disclosed except as provided in Section 5-910 of the Juvenile Court Act of 1987, the Mental Health and Developmental Disabilities Confidentiality Act, the School Code, and any applicable federal laws that govern access to those records.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397) Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice and county-operated juvenile detention centers shall provide the Independent Juvenile Ombudsperson unrestricted access to all master record files of youth under Section 3-5-1 of this Code or any other files of youth in the custody of county-operated juvenile detention centers, or both. Access to educational, social, psychological, mental health, substance abuse, and medical records shall not be disclosed except as provided in Section 5-910 of the Juvenile Court Act of 1987, the Mental Health and Developmental Disabilities Confidentiality Act, the School Code, and any applicable federal laws that govern access to those records.(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
(730 ILCS 5/Ch. III Art. 3 heading) ARTICLE 3. PRISONER REVIEW BOARD
(Source: P.A. 102-813, eff. 5-13-22.) |
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and appointment of Prisoner Review Board.
(a) There shall be a Prisoner Review Board independent of the Department
which shall be:
(1) the paroling authority for persons sentenced | ||
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(1.2) the paroling authority for persons eligible for | ||
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(1.5) (blank); (2) the board of review for cases involving the | ||
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(3) the board of review and recommendation for the | ||
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(4) the authority for establishing release dates for | ||
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(5) the authority for setting conditions for parole | ||
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(6) the authority for determining whether a violation | ||
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(7) the authority to release medically infirm or | ||
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(b) The Board shall consist of 15 persons appointed by
the Governor by and with the advice and consent of the Senate.
One member of the Board shall be designated by the Governor
to be Chairman and shall serve as Chairman at the pleasure of
the Governor. The members of the Board shall have had at
least 5 years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,
or a combination thereof. At least 6 members so appointed
must have at least 3 years experience in the field of
juvenile matters. No more than 8 Board members may be members
of the same political party.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether elective or
appointive, nor any other office or position of profit, nor engage in any
other business, employment, or vocation. The Chairman of the Board shall
receive $35,000 a year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an amount set by the
Compensation Review Board, whichever is greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board
who was appointed by the Governor and is in office on June 30, 2003 shall
terminate at the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the 93rd General
Assembly have been appointed by the Governor, whichever occurs later. As soon
as possible, the Governor shall appoint persons to fill the vacancies created
by this amendatory Act.
Of the initial members appointed under this amendatory Act of the 93rd
General Assembly, the Governor shall appoint 5 members whose terms shall expire
on the third Monday
in January 2005, 5 members whose terms shall expire on the
third Monday in January 2007, and 5 members whose terms
shall expire on the third Monday in January 2009. Their respective successors
shall be appointed for terms of 6 years from the third Monday
in January of the year of appointment. Each member shall
serve until his or her successor is appointed and qualified.
Any member may be removed by the Governor for incompetence, neglect of duty,
malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive and
administrative officer. The Board may have an Executive Director; if so,
the Executive Director shall be appointed by the Governor with the advice and
consent of the Senate. The salary and duties of the Executive Director shall
be fixed by the Board.
(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
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(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term "Parole and
Pardon Board" as used in any law of Illinois, shall read "Prisoner Review
Board." After February 1, 1978 (the effective date of Public Act 81-1099), the
Prisoner Review Board shall provide by rule for the orderly transition of
all files, records, and documents of the Parole and Pardon Board and for
such other steps as may be necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel | ||
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(2) hear by at least one member and through a panel | ||
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(3) hear by at least one member and through a panel | ||
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(3.5) hear by at least one member and through a panel | ||
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(3.6) hear by at least one member and through a panel | ||
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(4) hear by at least one member and through a panel | ||
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(5) hear by at least one member and through a panel | ||
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(6) hear by at least one member and through a panel | ||
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(6.5) hear by at least one member who is qualified in | ||
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(6.6) hear by at least a quorum of the Prisoner | ||
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(7) comply with the requirements of the Open Parole | ||
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(8) hear by at least one member and, through a panel | ||
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(9) hear by at least 3 members, and, through a panel | ||
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(10) upon a petition by a person who has been | ||
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(A) until 5 years have elapsed since the | ||
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(B) until 5 years have elapsed since any arrests | ||
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(C) if convicted of a violation of the Cannabis | ||
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(D) if convicted of: (i) a sex offense described in Article 11 or | ||
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(ii) aggravated assault; (iii) aggravated battery; (iv) domestic battery; (v) aggravated domestic battery; (vi) violation of an order of protection; (vii) an offense under the Criminal Code of | ||
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(viii) driving while under the influence of | ||
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(ix) aggravated driving while under the | ||
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(x) any crime defined as a crime of violence | ||
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If a person has applied to the Board for a | ||
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The decision to issue or refrain from issuing a | ||
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The Board may only authorize the sealing of Class 3 | ||
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(11) upon a petition by a person who after having | ||
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(A) if convicted of: (i) a sex offense described in Article 11 or | ||
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(ii) an offense under the Criminal Code of | ||
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(iii) a crime of violence as defined in | ||
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(B) if the person has not served in the United | ||
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If a person has applied to the Board for a | ||
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(a-5) The Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the Department of Central
Management Services, shall implement a pilot project in 3 correctional
institutions providing for the conduct of hearings under paragraphs (1) and
(4)
of subsection (a) of this Section through interactive video conferences.
The
project shall be implemented within 6 months after January 1, 1997 (the effective date of Public Act 89-490). Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of and in coordination
with the Department of Corrections and the Department of Central Management
Services, shall report to the Governor and the General Assembly regarding the
use, costs, effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an
effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work,
and the Chairman shall file a copy of such rules and any amendments
thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and
shall make them accessible in accordance with law and the rules of the
Board.
(f) The Board or one who has allegedly violated the conditions of
his or her parole, aftercare release, or mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter under investigation or hearing. The
Chairman of the Board may sign subpoenas which shall be served by any
agent or public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the production of
documentary evidence, may be required from any place in the State to a
hearing location in the State before the Chairman of the Board or his or her
designated agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be paid the same
fees and mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the persons taking
those depositions are each entitled to the same fees as are paid for
like services in actions in the circuit courts of the State. Fees and
mileage shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and
testimony of witnesses or the production of documentary evidence or
both. A copy of such petition shall be served by personal service or by
registered or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a hearing
upon the petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary remedies
at a specified time, on a specified date, not less than 10 nor more than
15 days after the deposit of the copy of the written notice and petition
in the U.S. mail addressed to the person at his or her last known address or
after the personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may order the
person refusing to obey the subpoena to appear at an investigation or
hearing, or to there produce documentary evidence, if so ordered, or to
give evidence relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court may be
punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the
Board shall have the power to administer oaths and to take the testimony
of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the
members then appointed to the Prisoner Review Board shall constitute a
quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the
Director a detailed report of its work for the preceding calendar year.
The annual report shall also be transmitted to the Governor for
submission to the Legislature.
(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
Sec. 3-3-2.1. Prisoner Review Board - Release Date. (a) Except as
provided in subsection (b), the Prisoner Review Board shall, no later
than 7 days following a prisoner's next parole hearing after the
effective date of this Amendatory Act of 1977, provide each prisoner
sentenced under the law in effect prior to the effective date of this
amendatory Act of 1977, with a fixed release date.
(b) No release date under this Section shall be set for any person
sentenced to an indeterminate sentence under the law in effect prior to
the effective date of this amendatory Act of 1977 in which the minimum
term of such sentence is 20 years or more.
(c) The Prisoner Review Board shall notify each eligible offender of
his or her release date in a form substantially as follows:
Date of Notice
"To (Name of offender):
Under a recent change in the law you are provided with this choice:
(1) You may remain under your present indeterminate sentence and
continue to be eligible for parole; or (2) you may waive your right to
parole and accept the release date which has been set for you. From
this release date will be deducted any good conduct credit you may earn.
If you accept the release date established by the Board, you will no
longer be eligible for parole.
Your release date from prison has been set for: (release date) ........ ,
subject to a term of mandatory supervised release as provided by law.
If you accumulate the maximum amount of good conduct credit as
allowed by law recently enacted, you can be released on:
........ , subject to a term of mandatory supervised release as provided by law.
Should you choose not to accept the release date, your next parole
hearing will be: ........ .
The Board has based its determination of your release date on the
following:
(1) The material that normally would be examined in | ||
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(2) the intent of the court in imposing sentence on | ||
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(3) the present schedule of sentences for similar | ||
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(4) the factors in mitigation and aggravation | ||
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(5) The rate of accumulating good conduct credits | ||
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(6) your behavior since commitment.
You now have 60 days in which to decide whether to remain under your
indeterminate sentence and continue to be eligible for parole or waive
your right to parole and accept the release date established for you by
the Board. If you do nothing within 60 days, you will remain under the
parole system.
If you accept the release date, you may accumulate good conduct
credit at the maximum rate provided under the law recently enacted.
If you feel that the release date set for you is unfair or is not
based on complete information required to be considered by the Board,
you may request that the Board reconsider the date. In your request you
must set forth specific reasons why you feel the Board's release date is
unfair and you may submit relevant material in support of your request.
The Department of Corrections is obligated to assist you in that
effort, if you ask it to do so.
The Board will notify you within 60 days whether or not it will
reconsider its decision. The Board's decision with respect to
reconsidering your release date is final and cannot be appealed to any
court.
If the Board decides not to reconsider your case you will have 60
days in which to decide whether to accept the release date and waive
your right to parole or to continue under the parole system. If you do
nothing within 60 days after you receive notification of the Board's
decision you will remain under the parole system.
If the Board decides to reconsider its decision with respect to your
release date, the Board will schedule a date for reconsideration as soon
as practicable, but no later than 60 days from the date it receives your
request, and give you at least 30 days notice. You may submit material
to the Board which you believe will be helpful in deciding a proper date
for your release. The Department of Corrections is obligated to assist
you in that effort, if you ask it to do so.
Neither you nor your lawyer has the right to be present on the date
of reconsideration, nor the right to call witnesses. However, the
Board may ask you or your lawyer to appear or may ask to hear witnesses.
The Board will base its determination on the same data on which it made
its earlier determination, plus any new information which may be
available to it.
When the Board has made its decision you will be informed of the
release date. In no event will it be longer than the release date
originally determined. From this date you may continue to accumulate
good conduct credits at the maximum rate. You will not be able to
appeal the Board's decision to a court.
Following the Board's reconsideration and upon being notified of your
release date you will have 60 days in which to decide whether to accept
the release date and waive your right to parole or to continue under the
parole system. If you do nothing within 60 days after notification of
the Board's decision you will remain under the parole system."
(d) The Board shall provide each eligible offender with a form
substantially as follows:
"I (name of offender) am fully aware of my right to choose between
parole eligibility and a fixed release date. I know that if I accept
the release date established, I will give up my right to seek parole. I
have read and understood the Prisoner Review Board's letter, and I know
how and under what circumstances the Board has set my release date. I
know that I will be released on that date and will be released earlier
if I accumulate good conduct credit. I know that the date set by the
Board is final, and can't be appealed to a court.
Fully aware of all the implications, I expressly and knowingly waive
my right to seek parole and accept the release date as established by
the Prisoner Review Board."
(e) The Board shall use the following information and standards in
establishing a release date for each eligible offender who requests that
a date be set:
(1) Such information as would be considered in a | ||
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(2) The intent of the court in imposing the | ||
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(3) The present schedule for similar offenses | ||
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(4) Factors in aggravation and mitigation of sentence | ||
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(5) The rate of accumulating good conduct credits | ||
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(6) The offender's behavior since commitment to the | ||
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(f) After the release date is set by the Board, the offender can
accumulate good conduct credits in accordance with Section 3-6-3 of this
Code.
(g) The release date established by the Board shall not be sooner
than the earliest date that the offender would have been eligible for
release under the sentence imposed on him by the court, less time credit
previously earned for good behavior, nor shall it be later than the
latest date at which the offender would have been eligible for release
under such sentence, less time credit previously earned for good behavior.
(h) (1) Except as provided in subsection (b), each prisoner
appearing at his next parole hearing subsequent to the effective date of
the amendatory Act of 1977, shall be notified within 7 days of the
hearing that he will either be released on parole or that a release date
has been set by the Board. The notice and waiver form provided for in
subsections (c) and (d) shall be presented to eligible prisoners no
later than 7 days following their parole hearing. A written statement
of the basis for the decision with regard to the release date set shall
be given to such prisoners no later than 14 days following the parole
hearing.
(2) Each prisoner upon notification of his release date shall have
60 days to choose whether to remain under the parole system or to accept
the release date established by the Board. No release date shall be
effective unless the prisoner waives his right to parole in writing. If
no choice is made by such prisoner within 60 days from the date of his
notification of a release date, such prisoner shall remain under the
parole system.
(3) Within the 60 day period as provided in paragraph (2) of this
subsection, a prisoner may request that the Board reconsider its
decision with regard to such prisoner's release date. No later than 60
days following receipt of such request for reconsideration, the Board
shall notify the prisoner as to whether or not it will reconsider such
prisoner's release date. No court shall have jurisdiction to review the
Board's decision. No prisoner shall be entitled to more than one request
for reconsideration of his release date.
(A) If the Board decides not to reconsider the | ||
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(B) If the Board decides to reconsider its decision | ||
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Neither the prisoner nor his lawyer has the right to | ||
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(C) When the Board has made its decision, the | ||
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Following the Board's reconsideration and its notification to the
prisoner of his or her release date, such prisoner shall have 60 days
from the date of such notice in which to decide whether to accept the
release date and waive his or her right to parole or to continue under
the parole system. If such prisoner does nothing within 60 days after
notification of the Board's decision, he or she shall remain under the
parole system.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1000, eff. 7-2-10.)
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(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for parole or release.
(a) Except for those offenders who accept the fixed release
date established by the Prisoner Review Board under Section
3-3-2.1, every person serving a term of imprisonment under
the law in effect prior to the effective date of this
amendatory Act of 1977 shall be eligible for parole when
he or she has served:
(1) the minimum term of an indeterminate sentence | ||
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(2) 20 years of a life sentence less time credit for | ||
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(3) 20 years or one-third of a determinate sentence, | ||
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(b) No person sentenced under this amendatory Act of 1977 or who accepts
a release date under Section 3-3-2.1 shall be eligible for parole.
(c) Except for those sentenced to a term of natural
life imprisonment, every person sentenced to imprisonment
under this amendatory Act of 1977 or given a release date
under Section 3-3-2.1 of this Act shall serve the full term
of a determinate sentence less time credit for good behavior
and shall then be released under the mandatory supervised
release provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) No person serving a term of natural life imprisonment may be paroled
or released except through executive clemency.
(e) Every person committed to the Department of Juvenile Justice under the Juvenile
Court Act
of 1987 and confined in the State correctional
institutions or facilities if such juvenile has not been
tried as an adult shall be eligible for aftercare release under Section 3-2.5-85 of this Code.
However, if a juvenile has been tried as an adult he or she shall
only be eligible for parole or mandatory supervised release
as an adult under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
|
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for parole hearing.
(a) The Prisoner Review Board shall consider the parole
of each eligible person committed to the Department of Corrections at
least 30 days prior to the date he or she shall first become
eligible for parole.
(b) A person eligible for parole shall, no less than 15 days in advance of
his or her parole interview, prepare a parole plan in accordance
with the rules of the Prisoner Review Board. The person
shall be assisted in preparing his or her parole plan by personnel
of the Department of Corrections, and may, for this purpose, be released
on furlough under Article 11. The Department shall also provide
assistance in obtaining information and records helpful to
the individual for his or her parole hearing. If the person eligible for parole has a petition or any written submissions prepared on his or her behalf by an attorney or other representative, the attorney or representative for the person eligible for parole must serve by certified mail the State's Attorney of the county where he or she was prosecuted with the petition or any written submissions 15 days after his or her parole interview. The State's Attorney shall provide the attorney for the person eligible for parole with a copy of his or her letter in opposition to parole via certified mail within 5 business days of the en banc hearing.
(c) Any member of the Board shall have access at all
reasonable times to any committed person and to his or her master
record file within the Department, and the Department shall
furnish such a report to the Board
concerning the conduct and character of any such person prior to his or her parole interview.
(d) In making its determination of parole, the Board
shall consider:
(1) (blank);
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by the | ||
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(4) a parole progress report;
(5) a medical and psychological report, if requested | ||
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(6) material in writing, or on film, video tape or | ||
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(7) material in writing, or on film, video tape or | ||
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(8) the person's eligibility for commitment under the | ||
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(e) The prosecuting State's Attorney's office shall receive from the Board reasonable
written notice not less than 30 days prior to the parole interview and may
submit relevant information by oral argument or testimony of victims and concerned citizens, or both, in writing, or on film, video tape or other
electronic means or in the form of a recording to the Board for its
consideration. Upon written request of the State's Attorney's office, the Prisoner Review Board shall hear protests to parole, except in counties of 1,500,000 or more inhabitants where there shall be standing objections to all such petitions. If a State's Attorney who represents a county of less than 1,500,000 inhabitants requests a protest hearing, the inmate's counsel or other representative shall also receive notice of such request.
This hearing shall take place the month following the inmate's parole interview. If the inmate's parole interview is rescheduled then the Prisoner Review Board shall promptly notify the State's Attorney of the new date. The person eligible for parole shall be heard at the next scheduled en banc hearing date. If the case is to be continued, the State's Attorney's office and the attorney or representative for the person eligible for parole will be notified of any continuance within 5 business days. The State's Attorney may waive the written notice.
(f) The victim of the violent crime for which the prisoner has been
sentenced shall receive notice of a parole hearing as provided in paragraph
(4) of subsection (d) of Section 4.5 of the Rights of Crime Victims and Witnesses
Act.
(g) Any recording considered under the provisions of subsection (d)(6),
(d)(7) or (e) of this Section shall be in the form designated by the Board.
Such recording shall be both visual and aural. Every voice on the
recording and person present shall be identified and the recording shall
contain either a visual or aural statement of the person submitting such
recording, the date of the recording and the name of the person whose
parole eligibility is being considered. Such recordings shall be retained by
the Board and shall be deemed to be submitted at any subsequent parole hearing
if the victim or State's Attorney submits in writing a declaration clearly
identifying such recording as representing the present position of the
victim or State's Attorney regarding the issues to be considered at the parole
hearing.
(h) The Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person containing any information from a victim who has written objections, testified at any hearing, or submitted audio or visual objections to the inmate's parole, unless provided with a waiver from that victim. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public. The Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. (Source: P.A. 101-288, eff. 1-1-20.)
|
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and determination.
(a) The Prisoner
Review Board shall meet as often as need requires to consider
the cases of persons eligible for parole. Except as otherwise
provided in paragraph (2) of subsection (a) of Section 3-3-2
of this Act, the Prisoner Review Board may meet and
order its actions in panels of 3 or more members. The action
of a majority of the panel shall be the action of the Board.
(b) If the person under consideration for parole is in the
custody of the Department, at least one member of the Board
shall interview him or her, and a report of that interview shall be
available for the Board's consideration. However, in the
discretion of the Board, the interview need not be conducted
if a psychiatric examination determines that the person could
not meaningfully contribute to the Board's consideration. The
Board may in its discretion parole a person who is then outside
the jurisdiction on his or her record without an interview. The Board
need not hold a hearing or interview a person who is paroled
under paragraphs (d) or (e) of this Section or released on
Mandatory release under Section 3-3-10.
(c) The Board shall not parole a person eligible for
parole if it determines that:
(1) there is a substantial risk that he or she will | ||
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(2) his or her release at that time would deprecate | ||
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(3) his or her release would have a substantially | ||
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(d) (Blank).
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time
credit for good behavior shall be released on parole to
serve a period of parole under Section 5-8-1.
(f) The Board shall render its decision within a
reasonable time after hearing and shall state the basis
therefor both in the records of the Board and in written
notice to the person on whose application it has acted.
In its decision, the Board shall set the person's time
for parole, or if it denies parole it shall provide for
a rehearing not less frequently than once every
year, except that the Board may,
after denying parole,
schedule a rehearing no later than 5 years from the date of the parole
denial, if the Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing date. If the
Board shall parole a person, and, if he or she is not released within 90 days from
the effective date of the order granting parole, the matter shall be
returned to the Board for review.
(f-1) If the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act. (g) The Board shall maintain a registry of decisions in which parole
has been granted, which shall include the name and case number of the
prisoner, the highest charge for which the prisoner was sentenced, the
length of sentence imposed, the date of the sentence, the date of the
parole, and the basis for the decision of the Board to grant parole and the
vote of the Board on any such decisions. The registry shall be made available
for public inspection and copying during business hours and shall be a public
record pursuant to the provisions of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.)
|
(730 ILCS 5/3-3-6) (from Ch. 38, par. 1003-3-6)
Sec. 3-3-6.
Parole or release to warrant or detainer.
(a) If a warrant or detainer is placed against a person by
the court, parole agency, or other authority of this or any
other jurisdiction, the Prisoner Review Board shall inquire
before such person becomes eligible for parole or release
whether the authority concerned intends to execute or withdraw
the process if the person is released on parole or otherwise.
(b) If the authority notifies the Board that it intends
to execute such process when the person is released, the Board
shall advise the authority concerned of the sentence or
disposition under which the person is held, the time of
eligibility for parole or release, any decision of the
Board relating to the person and the nature of his or her adjustment
during confinement, and shall give reasonable notice to such
authority of the person's release date.
(c) The Board may parole or release a person to a warrant
or detainer. The Board may provide, as a condition of parole
or release, that if the charge or charges on which the warrant
or detainer is based are dismissed or satisfied, prior to the
expiration of his or her parole term, the authority to whose warrant
or detainer he or she was released shall return him to serve the
remainder of his or her parole term or such part thereof as the
Board may determine subject to paragraph (d) of Section 5-8-1.
(d) If a person paroled to a warrant or detainer is
thereafter sentenced to probation, or released on parole
in another jurisdiction prior to the expiration of his or her
parole or mandatory supervised release term in this State,
the Board may permit him or her to serve the remainder of his or her term,
or such part thereof as the Board may determine, in either of
the jurisdictions.
(Source: P.A. 83-346.)
|
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) Sec. 3-3-7. Conditions of parole or mandatory supervised release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any | ||
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(2) refrain from possessing a firearm or other | ||
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(3) report to an agent of the Department of | ||
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(4) permit the agent to visit him or her at his or | ||
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(5) attend or reside in a facility established for | ||
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(6) secure permission before visiting or writing a | ||
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(7) report all arrests to an agent of the Department | ||
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(7.5) if convicted of a sex offense as defined in the | ||
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(7.6) if convicted of a sex offense as defined in the | ||
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(7.7) if convicted for an offense that would qualify | ||
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(7.8) if convicted for an offense committed on or | ||
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(7.9) if convicted under Section 11-6, 11-20.1, | ||
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(7.10) if convicted for an offense that would | ||
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(7.11) if convicted for an offense under Section | ||
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(i) not access or use a computer or any other | ||
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(ii) submit to periodic unannounced examinations | ||
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(iii) submit to the installation on the | ||
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(iv) submit to any other appropriate restrictions | ||
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(7.12) if convicted of a sex offense as defined in | ||
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(7.13) if convicted of a sex offense as defined in | ||
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(8) obtain permission of an agent of the Department | ||
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(9) obtain permission of an agent of the Department | ||
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(10) consent to a search of his or her person, | ||
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(11) refrain from the use or possession of narcotics | ||
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(12) not knowingly frequent places where controlled | ||
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(13) except when the association described in either | ||
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(A) not knowingly associate with other persons on | ||
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(B) not knowingly associate with persons who are | ||
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(14) provide true and accurate information, as it | ||
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(15) follow any specific instructions provided by the | ||
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(16) if convicted of a sex offense as defined in | ||
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(17) if convicted of a violation of an order of | ||
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(18) comply with the terms and conditions of an | ||
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(19) if convicted of a violation of the | ||
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(A) prohibited from purchasing, possessing, or | ||
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(B) prohibited from purchasing, possessing, or | ||
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(20) if convicted of a hate crime under Section | ||
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(21) be evaluated by the Department of Corrections | ||
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(A) All subjects found to be at a moderate or | ||
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(B) All subjects found to be at a low risk to | ||
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(b) The Board may after making an individualized assessment pursuant to subsection (a) of Section 3-14-2 in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational | ||
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(2) undergo medical or psychiatric treatment, or | ||
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(3) attend or reside in a facility established for | ||
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(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or | ||
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(7.6) if convicted for an offense committed on or | ||
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(i) not access or use a computer or any other | ||
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(ii) submit to periodic unannounced examinations | ||
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(iii) submit to the installation on the | ||
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(iv) submit to any other appropriate restrictions | ||
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(8) (blank).
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2: (1) reside only at a Department approved location; (2) comply with all requirements of the Sex Offender | ||
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(3) notify third parties of the risks that | ||
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(4) obtain the approval of an agent of the Department | ||
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(5) not be employed or participate in any | ||
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(6) be electronically monitored for a minimum of 12 | ||
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(7) refrain from entering into a designated | ||
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(8) refrain from having any contact, including | ||
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(9) refrain from all contact, directly or | ||
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(10) neither possess or have under his or her | ||
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(11) not patronize any business providing | ||
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(12) not reside near, visit, or be in or about | ||
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(13) not possess or have under his or her control | ||
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(14) may be required to provide a written daily log | ||
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(15) comply with all other special conditions | ||
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(16) take an annual polygraph exam; (17) maintain a log of his or her travel; or (18) obtain prior approval of his or her parole | ||
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(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or she shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis. (f) (Blank).
(Source: P.A. 103-271, eff. 1-1-24.) |
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge. (a) The length of parole
for a person sentenced under the law in effect prior to
the effective date of this amendatory Act of 1977 and the
length of mandatory supervised release for those sentenced
under the law in effect on and after such effective date
shall be as set out in Section 5-8-1 unless sooner terminated
under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order
releasing and discharging one from parole or mandatory
supervised release, and his or her commitment to the Department,
when it determines that he or she is likely to remain at liberty
without committing another offense.
(b-1) Provided that the subject is in compliance with the terms and conditions of his or her parole or mandatory supervised release, the Prisoner Review Board shall reduce the period of a parolee or releasee's parole or mandatory supervised release by 90 days upon the parolee or releasee receiving a high school diploma, associate's degree, bachelor's degree, career certificate, or vocational technical certification or upon passage of high school equivalency testing during the period of his or her parole or mandatory supervised release. A parolee or releasee shall provide documentation from the educational institution or the source of the qualifying educational or vocational credential to their supervising officer for verification. Each reduction in the period of a subject's term of parole or mandatory supervised release shall be available only to subjects who have not previously earned the relevant credential for which they are receiving the reduction. As used in this Section, "career certificate" means a certificate awarded by an institution for satisfactory completion of a prescribed curriculum that is intended to prepare an individual for employment in a specific field. (b-2) The Prisoner Review Board may release a low-risk and need subject person from mandatory supervised release as determined by an appropriate evidence-based risk and need assessment. (c) The order of discharge shall become effective upon entry of the
order of the Board. The Board shall notify the clerk of the committing
court of the order. Upon receipt of such copy, the clerk shall make an
entry on the record judgment that the sentence or commitment has been
satisfied pursuant to the order.
(d) Rights of the person discharged under this
Section shall be restored under Section 5-5-5.
(e) Upon a denial of early discharge under this Section, the Prisoner Review Board shall provide the person on parole or mandatory supervised release a list of steps or requirements that the person must complete or meet to be granted an early discharge at a subsequent review and share the process for seeking a subsequent early discharge review under this subsection. Upon the completion of such steps or requirements, the person on parole or mandatory supervised release may petition the Prisoner Review Board to grant them an early discharge review. Within no more than 30 days of a petition under this subsection, the Prisoner Review Board shall review the petition and make a determination. (Source: P.A. 103-271, eff. 1-1-24.)
|
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing. (a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of parole or
mandatory supervised release under Section 3-3-7 of this Code to govern that
term,
the Board may:
(1) continue the existing term, with or without | ||
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(1.5) for those released as a result of youthful | ||
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(2) parole or release the person to a half-way house; | ||
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(3) revoke the parole or mandatory supervised release | ||
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(i) (A) For those sentenced under the law in | ||
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(B) Except as set forth in paragraphs (C) and | ||
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(C) For those subject to sex offender supervision | ||
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(D) For those released as a result of youthful | ||
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(ii) the person shall be given credit against the | ||
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(iii) (blank);
(iv) this Section is subject to the release under | ||
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(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation
of the conditions of parole or mandatory supervised release
shall toll the running of the term until the final determination of the
charge. When
parole or mandatory supervised release is not revoked
that period shall be credited to the term, unless a community-based sanction is imposed as an alternative to revocation and reincarceration, including a diversion established by the Illinois Department of Corrections Parole Services Unit prior to the holding of a preliminary parole revocation hearing. Parolees who are diverted to a community-based sanction shall serve the entire term of parole or mandatory supervised release, if otherwise appropriate.
(b-5) The Board shall revoke parole or mandatory supervised release for violation of the conditions prescribed in paragraph (7.6) of subsection (a) of Section 3-3-7. (c) A person charged with violating a condition of parole or
mandatory supervised release shall have a preliminary hearing
before a hearing officer designated by the Board to determine
if there is cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is based
upon new criminal charges and a court finds probable cause on the new
criminal charges or when the revocation
is based upon a new criminal conviction and a certified copy of
that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him or her.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members.
The action of a majority of the panel shall be the action of
the Board. A record
of the hearing shall be made. At the hearing the offender shall
be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with
or without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure is
due to the offender's willful refusal to pay.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
|
(730 ILCS 5/3-3-9.5) Sec. 3-3-9.5. Revocation of aftercare release; revocation hearing. (a) If, prior to expiration or termination of the aftercare release term, a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 violates a condition of release set by the Department under Section 3-2.5-95 of this Code, the Department may initiate revocation proceedings by issuing a violation warrant under Section 3-2.5-70 of this Code or by retaking of the releasee and returning him or her to a Department facility. (b) The Department shall provide the releasee and the Prisoner Review Board with written notice of the alleged violation of aftercare release charged against him or her. (c) The issuance of a warrant of arrest for an alleged violation of the conditions of aftercare release shall toll the running of the aftercare release term until the final determination of the alleged violation is made. If the Board finds that the youth has not violated a condition of aftercare release, that period shall be credited to the term. (d) A person charged with violating a condition of aftercare release shall have a preliminary hearing before a hearing officer designated by the Board to determine if there is probable cause to hold the person for a revocation hearing. However, no preliminary hearing need be held when revocation is based upon new criminal charges and a court finds probable cause on the new criminal charges or when the revocation is based upon a new criminal conviction or a finding of delinquency and a certified copy of that conviction is available. (e) At the preliminary hearing, the Board may order the releasee held in Department custody or released under supervision pending a final revocation decision of the Board. A youth who is held in Department custody, shall be released and discharged upon the expiration of the maximum term permitted under the Juvenile Court Act of 1987. (f) A hearing on revocation shall be conducted before at least one member of the Prisoner Review Board. The Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board. The member hearing the matter and at least a majority of the panel shall be experienced in juvenile matters. A record of the hearing shall be made. At the hearing the releasee shall be permitted to: (1) appear and answer the charge; and (2) bring witnesses on his or her behalf. (g) If the Board finds that the juvenile has not violated a condition of aftercare release, the Board shall order the juvenile rereleased and aftercare release continued under the existing term and may make specific recommendations to the Department regarding appropriate conditions of release. (h) If the Board finds that the juvenile has violated a condition of aftercare release, the Board shall either: (1) revoke aftercare release and order the juvenile | ||
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(2) order the juvenile rereleased to serve a | ||
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(i) Aftercare release shall not be revoked for failure to make payments under the conditions of release unless the Board determines that the failure is due to the juvenile's willful refusal to pay.
(Source: P.A. 99-628, eff. 1-1-17.) |
(730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
Sec. 3-3-10. Eligibility after revocation; release under
supervision.
(a) A person whose parole or mandatory supervised release
has been revoked may be reparoled or rereleased by the
Board at any time to the full parole or mandatory supervised
release term under Section 3-3-8, except that the time which
the person shall remain subject to the Board shall not exceed
(1) the imposed maximum term of imprisonment or confinement
and the parole term for those sentenced under the law in
effect prior to the effective date of this amendatory Act of
1977 or (2) the term of imprisonment imposed by the court and
the mandatory supervised release term for those sentenced
under the law in effect on and after such effective date.
(b) If the Board sets no earlier release date:
(1) A person sentenced for any violation of law which | ||
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(2) Any person who has violated the conditions of his | ||
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(3) Nothing herein shall require the release of a | ||
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(c) Persons released under this Section shall be subject
to Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
3-14-3, and
3-14-4.
(d) This Section shall not apply to a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 serving terms of aftercare release. (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.)
|
(730 ILCS 5/3-3-11) (from Ch. 38, par. 1003-3-11)
Sec. 3-3-11.
(Repealed).
(Source: P.A. 91-325, eff. 7-29-99. Repealed by P.A. 92-571, eff.
6-26-02.)
|
(730 ILCS 5/3-3-11.05)
Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator for the Interstate | ||
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(2) A Deputy Compact Administrator from probation | ||
| ||
(3) A representative shall be appointed by the | ||
| ||
(4) A representative shall be appointed by the | ||
| ||
(5) A representative shall be appointed by the | ||
| ||
(6) A representative shall be appointed by the | ||
| ||
(7) A judicial representative shall be appointed by | ||
| ||
(8) A representative from a crime victims' advocacy | ||
| ||
(9) A parole representative shall be appointed by the | ||
| ||
(10) A probation representative shall be appointed by | ||
| ||
(11) A representative shall be appointed by the | ||
| ||
(12) The Deputy Compact Administrator (Juvenile) | ||
| ||
(13) The State Compact Administrator of the | ||
| ||
(14) The persons appointed under clauses (1) through | ||
| ||
(b) Terms of appointment.
(1) The Compact Administrators and the Deputy | ||
| ||
(2) The crime victims' advocacy group representative | ||
| ||
(3) The representatives appointed by the Speaker of | ||
| ||
(4) The probation representative and the parole | ||
| ||
(5) The time frame limiting the initial term of | ||
| ||
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State | ||
| ||
(A) To appoint the State Compact Administrator as | ||
| ||
(B) To develop by-laws for the operation of the | ||
| ||
(C) To establish policies and procedures for the | ||
| ||
(D) To monitor and remediate Compact compliance | ||
| ||
(E) To promote system training and public | ||
| ||
(F) To meet at least twice a year and otherwise | ||
| ||
(G) To allow for the appointment of non-voting | ||
| ||
(H) To issue rules in accordance with Article 5 | ||
| ||
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact. The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)
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(730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
Sec. 3-3-11.1. State defined. As used in Sections 3-3-11.05 through 3-3-11.3, unless the
context clearly
indicates otherwise, the term "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any other territorial possessions of the United
States.
(Source: P.A. 95-937, eff. 8-26-08.)
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(730 ILCS 5/3-3-11.2) (from Ch. 38, par. 1003-3-11.2)
Sec. 3-3-11.2. Force and effect of compact.
When the Governor of this State shall sign and seal the Interstate Compact for Adult Offender Supervision, the Interstate Compact for Juveniles,
or any
compact with any other State, pursuant to the provisions of this Act, such
compact or compacts as between the State of Illinois and such other State
so signing shall have the force and effect of law immediately upon the
enactment by such other State of a law giving it similar effect.
(Source: P.A. 95-937, eff. 8-26-08.)
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(730 ILCS 5/3-3-11.3) (from Ch. 38, par. 1003-3-11.3)
Sec. 3-3-11.3.
Compacts for Crime Prevention and Correction.
The Governor of the State of Illinois is further authorized and
empowered to enter into any other agreements or compacts with any of the
United States not inconsistent with the laws of this State or of the
United States, or the other agreeing States, for co-operative effort and
mutual assistance in the prevention of crime and in the enforcement of
the penal laws and policies of the contracting States and to establish
agencies, joint or otherwise, as may be deemed desirable for making
effective such agreements and compacts. The intent and purpose of this
Act is to grant to the Governor of the State of Illinois administrative
power and authority if and when conditions of crime make it necessary to
bind the State in a cooperative effort to reduce crime and to make the
enforcement of the criminal laws of agreeing States more effective, all
pursuant to the consent of the Congress of the United States heretofore
granted.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-3-11.4) (from Ch. 38, par. 1003-3-11.4)
Sec. 3-3-11.4.
Where supervision of an offender is being
administered
pursuant to the Interstate Compact for Adult Offender Supervision, the
appropriate judicial or administrative
authorities in this State shall notify the Compact Administrator of the
sending State whenever, in their view, consideration should be given to
retaking or reincarceration for a parole or probation violation. Prior to
the giving of any such notification, a hearing shall be held within a
reasonable time as to whether there is probable cause to believe that the
offender has violated a condition of his parole
or probation,
unless such hearing is waived by the offender by way of an admission of
guilt. The
appropriate officer or officers of this State shall as soon as practicable,
following termination of any such hearing, report to the sending State,
furnish a copy of the hearing record, and make recommendations regarding
the disposition to be made of the offender.
(Source: P.A. 92-571, eff. 6-26-02.)
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(730 ILCS 5/3-3-11.5)
Sec. 3-3-11.5.
Sex offender restrictions.
(a) Definition. For purposes of this Act, a "sex offender" is any person
who has ever been convicted of a sexual offense or attempt to commit a sexual
offense, and sentenced to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of sentence, or given a
disposition of court supervision for the offense; or adjudicated or found to be
a sexually dangerous person under any law substantially similar to the Sexually
Dangerous Persons Act.
(b) Residency restrictions. No sex offender shall be accepted for
supervised or conditioned residency in Illinois under the Interstate Compact
for Adult Offender Supervision
unless he or she:
(1) Complies with any registration requirements | ||
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(2) Complies with the requirements of paragraph | ||
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(3) Signs a written form approved by the Department | ||
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(Source: P.A. 92-571, eff. 6-26-02.)
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(730 ILCS 5/3-3-12) (from Ch. 38, par. 1003-3-12)
Sec. 3-3-12.
Parole Outside State.
The Prisoner Review
Board may assign a non-resident person or a
person whose family, relatives, friends or employer reside
outside of this State, to a person, firm or company in some
state other than Illinois, to serve his parole or mandatory
supervised release pursuant to the Interstate Compact for Adult Offender
Supervision. An inmate so released shall make
regular
monthly reports in writing to the Department or supervising
authority, obey the rules of the Board, obey the laws of such
other state, and in all respects keep faithfully his parole or
mandatory supervised release agreement until discharged. Should
such person violate his agreement, he shall from the date of
such violation be subject to the provisions of Section 3-3-9.
(Source: P.A. 92-571, eff. 6-26-02.)
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(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
Sec. 3-3-13. Procedure for executive clemency.
(a) Petitions seeking pardon, commutation, or reprieve shall be
addressed to the Governor and filed with the Prisoner Review
Board. The petition shall be in writing and signed by the
person under conviction or by a person on his behalf. It shall
contain a brief history of the case, the reasons for seeking
executive clemency, and other relevant information the Board may require.
(a-5) After a petition has been denied by the Governor, the Board may not
accept a repeat petition for executive clemency for the same person until one
full year has elapsed from the date of the denial. The Chairman of the Board
may waive the one-year requirement if the petitioner offers in writing
new information that was unavailable to the petitioner at the time
of the filing of the prior petition and which the Chairman determines to be
significant. The Chairman also may waive the one-year
waiting period if the petitioner can show that a change in circumstances of a
compelling humanitarian nature has arisen since the denial of the prior
petition.
(b) Notice of the proposed application shall be given by
the Board to the committing court and the state's attorney of
the county where the conviction was had.
(b-5) Victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the executive clemency hearing date. The victim has the right to submit a victim statement to the Prisoner Review Board for consideration at an executive clemency hearing as provided in subsection (c) of this Section. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public. (c) The Board shall, upon due notice,
give a hearing to each application, allowing representation by
counsel, if desired, after which it shall confidentially
advise the Governor by a written report of its recommendations
which shall be determined by majority vote. The written report to the Governor shall be confidential and privileged, including any reports made prior to the effective date of this amendatory Act of the 101st General Assembly. The Board shall
meet to consider such petitions no less than 4 times each
year.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the
petitioner.
In the event a petitioner who has been convicted of a Class X felony is
granted a release, after the Governor has communicated such decision to
the Board, the Board shall give written notice to the Sheriff of the county
from which the offender was sentenced if such sheriff has requested that
such notice be given on a continuing basis. In cases where arrest of the
offender or the commission of the offense took place in any municipality
with a population of more than 10,000 persons, the Board shall also give
written notice to the proper law enforcement agency for said municipality
which has requested notice on a continuing basis.
(e) Nothing in this Section shall be construed to limit the power of the
Governor under the constitution to grant a reprieve, commutation of sentence,
or pardon.
(Source: P.A. 103-51, eff. 1-1-24.)
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(730 ILCS 5/3-3-14) Sec. 3-3-14. Procedure for medical release. (a) Definitions. (1) As used in this Section, "medically | ||
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(2) As used in this Section, "terminal illness" means | ||
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(i) the condition is irreversible and incurable; | ||
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(ii) in accordance with medical standards and a | ||
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(b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any inmate who meets any of the following: (1) is suffering from a terminal illness; or (2) has been diagnosed with a condition that will | ||
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(3) has become medically incapacitated subsequent to | ||
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(c) Initial application. (1) An initial application for medical release may be | ||
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(2) Application materials shall be maintained on the | ||
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(3) The initial application need not be notarized, | ||
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(i) the inmate's name and Illinois Department of | ||
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(ii) the inmate's diagnosis; (iii) a statement that the inmate meets one of | ||
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(A) the inmate is suffering from a terminal | ||
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(B) the inmate has been diagnosed with a | ||
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(C) the inmate has become medically | ||
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(4) Upon receiving the inmate's initial application, | ||
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(i) a concise statement of the inmate's medical | ||
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(ii) a statement confirming or denying that the | ||
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(d) Institutional hearing. No public institutional hearing is required for consideration of a petition, but shall be granted at the request of the petitioner. The inmate may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act. (e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority. (f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors: (i) the inmate's diagnosis and likelihood of | ||
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(ii) the approximate cost of health care to the | ||
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(iii) the impact that the inmate's continued | ||
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(iv) the present likelihood of and ability to | ||
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(v) any statements by the victim regarding | ||
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(vi) whether the inmate's condition was | ||
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(g) Inmates granted medical release shall be released on mandatory supervised release for a period of 5 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as set forth in Section 5-4.5-20. (h) Within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release. (i) Nothing in this statute shall preclude a petitioner from seeking alternative forms of release, including clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy. (j) This act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois. (k) Data report. The Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the Medical Release Program: (1) The number of applications for medical release | ||
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(i) demographic data about the individual, | ||
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(ii) the highest class of offense for which the | ||
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(iii) the relationship of the applicant to the | ||
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(iv) whether the applicant had applied for | ||
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(v) whether the person applied as a person who is | ||
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(vi) a basic description of the underlying | ||
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(2) The number of medical statements from the | ||
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(3) The number of institutional hearings on medical | ||
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(4) The number of people approved for medical | ||
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(i) demographic data about the individual | ||
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(ii) whether the person applied as a person who | ||
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(iii) a basic description of the underlying | ||
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(iv) a basic description of the medical setting | ||
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(5) The number of people released on the medical | ||
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(6) The number of people approved for medical release | ||
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(i) demographic data about the individuals | ||
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(ii) the reason for the delay; (iii) whether the person remains incarcerated; and (iv) a basic description of the underlying | ||
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(7) For those individuals released on mandatory | ||
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(i) the number of individuals who were serving | ||
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(ii) the number of individuals who had their | ||
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(iii) the number of individuals who died during | ||
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(8) Information on seriously ill individuals | ||
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(i) the number of people currently receiving | ||
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(ii) the number of people who spent more than one | ||
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All the information provided in this report shall be provided in aggregate, and nothing shall be
construed to require the public dissemination of any personal medical information.
(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.) |
(730 ILCS 5/3-3-15) Sec. 3-3-15. Prisoner Review Board; sole discretion to grant medical release. A grant of medical release under this Article shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board.
(Source: P.A. 102-494, eff. 1-1-22.) |
(730 ILCS 5/Ch. III Art. 4 heading) ARTICLE 4.
FINANCIAL AND PROPERTY ADMINISTRATION
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(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1) Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; Department of Corrections Reimbursement and Education Fund. (a) The Department may accept, receive and use, for and in behalf of the State, any moneys, goods or services given for general purposes of this Code by the federal government or from any other source, public or private, including collections from inmates, reimbursement of payments under the Workers' Compensation Act, and commissions from inmate collect call telephone systems under an agreement with the Department of Central Management Services. For these purposes the Department may comply with such conditions and enter into such agreements upon such covenants, terms, and conditions as the Department may deem necessary or desirable, if the agreement is not in conflict with State law. (a-5) Beginning January 1, 2018, the Department of Central Management Services shall contract with the qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for debit, prepaid, collect calls and who does not bill to any party any tax, service charge, or additional fee exceeding the per minute rate, including, but not limited to, any per call surcharge, account set up fee, bill statement fee, monthly account maintenance charge, or refund fee as established by the Federal Communications Commission Order for state prisons in the Matter of Rates for Interstate Inmate Calling Services, Second Report and Order, WC Docket 12-375, FCC 15-136 (adopted Oct. 22, 2015). Telephone services made available through a prepaid or collect call system shall include international calls; those calls shall be made available at reasonable rates subject to Federal Communications Commission rules and regulations, but not to exceed 23 cents per minute. Public Act 99-878 applies to any new or renewal contract for inmate calling services. (b) The Department of Corrections Reimbursement and Education Fund is hereby created as a special fund in the State Treasury. The moneys deposited into the Department of Corrections Reimbursement and Education Fund shall be appropriated to the Department of Corrections for the expenses of the Department. The following shall be deposited into the Department of Corrections Reimbursement and Education Fund: (i) Moneys received or recovered by the Department of | ||
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(ii) Moneys received or recovered by the Department | ||
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(iii) Moneys received by the Department as | ||
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(iv) Moneys received or recovered by the Department | ||
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(v) Federal moneys, including reimbursement and | ||
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(vi) Moneys identified for deposit into the Fund | ||
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(vii) (Blank). (c) The Department of Juvenile Justice Reimbursement and Education Fund is created as a special fund in the State Treasury. The moneys deposited into the Department of Juvenile Justice Reimbursement Fund and Education shall be appropriated to the Department of Juvenile Justice for the expenses of the Department. The following moneys shall be deposited into the Department of Juvenile Justice Reimbursement Fund and Education Fund: (i) received or recovered by the Department of | ||
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(ii) received or recovered by the Department as | ||
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(iii) received or recovered by the Department as | ||
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(iv) federal moneys, including reimbursement and | ||
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(v) moneys identified for deposit into the Fund under | ||
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(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22; 103-616, eff. 7-1-24.) |
(730 ILCS 5/3-4-2) (from Ch. 38, par. 1003-4-2)
Sec. 3-4-2.
Disposition of Property.
(a) The Department may with the consent of the Director of Central Management
Services lease its unneeded, unused or unproductive land
upon such terms and conditions, as in its judgment are in the best interest
of the State; but any such lease shall provide for the cancellation thereof
by the Department, upon reasonable notice given by the Department whenever
such land may be needed by the Department or any other agency of this
State. Land leased by the Department shall not be placed under a land
trust.
(b) The Department may transfer any realty under its control to any
other department of this State government or to the State Employees Housing
Commission, or acquire or accept Federal or other lands, when such transfer
or acquisition is advantageous to the State and approved in writing by the
Governor.
(Source: P.A. 83-597.)
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(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) (Text of Section before amendment by P.A. 103-1026) Sec. 3-4-3. Funds and property of persons committed. (a) The Department of Corrections and the Department of Juvenile Justice shall establish accounting records with accounts for each person who has or receives money while in an institution or facility of that Department and it shall allow the withdrawal and disbursement of money by the person under rules and regulations of that Department. Any interest or other income from moneys deposited with the Department by a resident of the Department of Juvenile Justice in excess of $200 shall accrue to the individual's account, or in balances up to $200 shall accrue to the Residents' Benefit Fund. For an individual in an institution or facility of the Department of Corrections the interest shall accrue to the Residents' Benefit Fund. The Department shall disburse all moneys so held no later than the person's final discharge from the Department. Moneys in the account of a committed person who files a lawsuit determined frivolous under Article XXII of the Code of Civil Procedure shall be deducted to pay for the filing fees and cost of the suit as provided in that Article. The Department shall under rules and regulations record and receipt all personal property not allowed to committed persons. The Department shall return such property to the individual no later than the person's release on parole or aftercare. (b) Any money held in accounts of committed persons separated from the Department by death, discharge, or unauthorized absence and unclaimed for a period of 1 year thereafter by the person or his legal representative shall be transmitted to the State Treasurer who shall deposit it into the General Revenue Fund. Articles of personal property of persons so separated may be sold or used by the Department if unclaimed for a period of 1 year for the same purpose. Clothing, if unclaimed within 30 days, may be used or disposed of as determined by the Department. (c) Forty percent of the profits on sales from commissary stores shall be expended by the Department for the special benefit of committed persons which shall include but not be limited to the advancement of inmate payrolls, for the special benefit of employees, and for the advancement or reimbursement of employee travel, provided that amounts expended for employees shall not exceed the amount of profits derived from sales made to employees by such commissaries, as determined by the Department. The remainder of the profits from sales from commissary stores must be used first to pay for wages and benefits of employees covered under a collective bargaining agreement who are employed at commissary facilities of the Department and then to pay the costs of dietary staff. (d) The Department shall confiscate any unauthorized currency found in the possession of a committed person. The Department shall transmit the confiscated currency to the State Treasurer who shall deposit it into the General Revenue Fund. (Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.) (Text of Section after amendment by P.A. 103-1026) Sec. 3-4-3. Funds and property of persons committed. (a) The Department of Corrections and the Department of Juvenile Justice shall establish accounting records with accounts for each person who has or receives money while in an institution or facility of that Department and it shall allow the withdrawal and disbursement of money by the person under rules and regulations of that Department. The Department of Juvenile Justice shall not be required to keep such deposited moneys in an interest-bearing bank account unless the annual interest earned would exceed the total annual costs and fees, including, but not limited to, transaction fees, associated with maintaining the account. Any interest or other income which may be earned from moneys deposited with the Department by a resident of the Department of Juvenile Justice shall accrue to the individual's account if the monthly interest attributable to an individual's account exceeds $1. All other balances shall accrue to the Residents' Benefit Fund. For an individual in an institution or facility of the Department of Corrections the interest shall accrue to the Residents' Benefit Fund. The Department shall disburse all moneys so held no later than the person's final discharge from the Department. Moneys in the account of a committed person who files a lawsuit determined frivolous under Article XXII of the Code of Civil Procedure shall be deducted to pay for the filing fees and cost of the suit as provided in that Article. The Department shall under rules and regulations record and receipt all personal property not allowed to committed persons. The Department shall return such property to the individual no later than the person's release on parole or aftercare. (b) Any money held in accounts of committed persons separated from the Department by death, discharge, or unauthorized absence and unclaimed for a period of 1 year thereafter by the person or his legal representative shall be transmitted to the State Treasurer who shall deposit it into the General Revenue Fund. Articles of personal property of persons so separated may be sold or used by the Department if unclaimed for a period of 1 year for the same purpose. Clothing, if unclaimed within 30 days, may be used or disposed of as determined by the Department. (c) Forty percent of the profits on sales from commissary stores shall be expended by the Department for the special benefit of committed persons which shall include but not be limited to the advancement of inmate payrolls, for the special benefit of employees, and for the advancement or reimbursement of employee travel, provided that amounts expended for employees shall not exceed the amount of profits derived from sales made to employees by such commissaries, as determined by the Department. The remainder of the profits from sales from commissary stores must be used first to pay for wages and benefits of employees covered under a collective bargaining agreement who are employed at commissary facilities of the Department and then to pay the costs of dietary staff. (d) The Department shall confiscate any unauthorized currency found in the possession of a committed person. The Department shall transmit the confiscated currency to the State Treasurer who shall deposit it into the General Revenue Fund. (Source: P.A. 103-1026, eff. 1-1-25.) |
(730 ILCS 5/3-4-3.1) Sec. 3-4-3.1. Identification documents of committed persons. (a) Driver's licenses, State issued identification cards, social security account cards, or other government issued identification documents in possession of a county sheriff at the time a person is committed to the Illinois Department of Corrections shall be forwarded to the Department. (b) The Department shall retain the government issued identification documents of a committed person at the institution in which the person is incarcerated and shall ensure that the documents are forwarded to any institution to which the person is transferred. (c) The government issued identification documents of a committed person shall be made available to the person upon discharge from the Department.
(Source: P.A. 96-365, eff. 1-1-10.) |
(730 ILCS 5/3-4-4) (from Ch. 38, par. 1003-4-4)
Sec. 3-4-4.
Interstate Corrections Compact.
(a) The State of Illinois ratifies and approves the following
compact:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to fully utilize and improve
their institutional facilities and provide adequate programs for the
confinement, treatment and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such
facilities and programs on a basis of cooperation with one another, thereby
serving the best interests of such offenders and of society and effecting
economies in capital expenditures and operational costs. The purpose of
this compact is to provide for the mutual development and execution of such
programs of cooperation for the confinement, treatment and rehabilitation
of offenders with the most economical use of human and material resources.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States; the United States of
America; a territory or possession of the United States; the District of
Columbia; the commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which an
inmate is sent for confinement other than a state in which conviction or
court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including
but not limited to a facility for the mentally ill or mentally
defective, in which inmates as defined in (d) above may lawfully be confined.
ARTICLE III
CONTRACTS
(a) Each party state may make one or more contracts with any one or more
of the other party states for the confinement of inmates on behalf of a
sending state in institutions situated within receiving states. Any such
contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional
services, facilities, programs or treatment not reasonably included as
part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on account
thereof; and the crediting of proceeds from or disposal of any products
resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any
contract entered into by the authority of or pursuant thereto, and nothing
in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted authorities in a state party to this
compact, and which has entered into a contract pursuant to Article III,
shall decide that confinement in, or transfer of an inmate to, an
institution within the territory of another party state is necessary or
desirable in order to provide adequate quarters and care or an
appropriate program of rehabilitation or treatment, such official
may direct that the
confinement be within an institution within the territory of such other
party state, the receiving state to act in that regard solely as agent
for the sending state.
(b) The appropriate officials of any state party to this compact shall
have access, at all reasonable times, to any institution in which it has
a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined
in the institution.
(c) Inmates confined in an institution pursuant to this compact shall at
all times be subject to the jurisdiction of the sending state and may at
any time be removed therefrom for transfer to a prison or other
institution within the sending state, for transfer to another
institution in which the
sending state may have a contractual or other right to confine inmates, for
release on probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state. However, the sending state
shall continue to be obligated to such payments as may be required pursuant
to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending
state on the inmates of that sending state who are in institutions
pursuant to this compact including a conduct record of each inmate and shall
certify such record to the official designated by the sending state, in order
that each inmate may have official review of his or her record in determining
and altering the disposition of the inmate in accordance with the law
which may obtain in the sending state and in order that the same may be a
source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to this
compact shall be treated in a reasonable and humane manner and shall be
treated equally with such similar inmates of the receiving state as may
be confined in the same institution. The fact of confinement in a receiving
state shall not deprive any inmate so confined of any legal rights which
the inmate would have had if confined in an appropriate institution of
the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this
compact may be entitled by the laws of the sending state may be had before
the appropriate authorities of the sending state, or of the receiving state
if authorized by the sending state. The receiving state shall provide
adequate facilities for such hearing as may be conducted by the appropriate
officials of a sending state. In the event such hearing or hearings are had
before officials of the receiving state, the governing law shall be that of
the sending state and a record of the hearing or hearings as prescribed by
the sending state shall be made. The record together with any
recommendations of the hearing officials shall be transmitted forthwith to
the official or officials before whom the hearing would have been had if
it had taken place in the sending state. In any and all proceedings had
pursuant to the provisions of this paragraph (f), the officials of the
receiving state shall act solely as agents of the sending state and no
final determination shall be made in any matter except by the appropriate
officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate and the sending
and receiving states shall agree upon release in some other place. The
sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to this compact shall have any rights
and all rights to participate in and derive any benefits or incur or be
relieved of any obligations or have such obligations modified or his status
changed on account of any action or proceeding in which he could have
participated if confined in any appropriate institution of the sending
state located within such state.
(i) The parent, guardian, trustee or other person or persons entitled
under the laws of the sending state to act for, advise or otherwise
function with respect to any inmate shall not be deprived of or restricted
in his exercise of any power in respect of any inmate confined pursuant
to the terms of this compact.
ARTICLE V
ACT NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION
(a) Any decision of the sending state in respect of any matter over
which it retains jurisdiction pursuant to this compact shall be conclusive
upon and not reviewable within the receiving state, but if at the time the
sending state seeks to remove an inmate from an institution in the
receiving state there is pending against the inmate within such state any
criminal charge or if the inmate is formally accused of having committed
with such state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officer of the sending state shall be
permitted to transport inmates pursuant to this compact through any and all
state party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending state
and from the state in which the institution escaped from is situated. In
the case of an escape to a jurisdiction other than the sending or receiving
state, the responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing contained
herein shall be construed to prevent or affect the activities of officers
and agencies of any jurisdiction directed toward the apprehension and
return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or may be
affected by this compact or any contract pursuant thereto. Any inmate in a
receiving state pursuant to this compact may participate in any such
federally aided program or activity for which the sending and receiving
states have made contractual provision. However, if such program or
activity is not part of the customary correctional regimen, the express
consent of the appropriate official of the sending state shall be
required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding
upon the states so acting when it has been enacted into law by any 2
states. Thereafter, this compact shall enter into force and become
effective and binding as to any other of such states upon similar action
by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party
state until it shall have enacted a statute repealing the compact and
providing for the sending of formal written notice of withdrawal from the
compact to the appropriate officials of all other party states. An actual
withdrawal shall not take effect until one year after the notices provided
in the statute have been sent. Such withdrawal shall not relieve the
withdrawing state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of withdrawal, a
withdrawal state shall remove to its territory, at its own expense, such
inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or
impair an agreement or other arrangement which a party state may have with
a non-party state for the confinement, rehabilitation or treatment of
inmates, nor to repeal any other laws of a party state authorizing the
making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any participating state or
of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect as
to the remaining states and in full force and effect as to the state
affected as to all severable matters.
(b) Powers. The Department of Corrections is authorized and directed to
do all things necessary or incidental to the carrying out of the compact
in every particular.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. III Art. 5 heading) ARTICLE 5.
RECORDS AND REPORTS
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(730 ILCS 5/3-5-1) Sec. 3-5-1. Master record file. (a) The Department of Corrections and the Department of Juvenile Justice shall maintain a master record file on each person committed to it, which shall contain the following information: (1) all information from the committing court; (1.5) ethnic and racial background data collected in | ||
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(1.6) the committed person's last known complete | ||
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(2) reception summary; (3) evaluation and assignment reports and | ||
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(4) reports as to program assignment and progress; (5) reports of disciplinary infractions and | ||
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(6) any parole or aftercare release plan; (7) any parole or aftercare release reports; (8) the date and circumstances of final discharge; (9) criminal history; (10) current and past gang affiliations and ranks; (11) information regarding associations and family | ||
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(12) any grievances filed and responses to those | ||
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(13) other information that the respective Department | ||
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(14) the last known address provided by the person | ||
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(15) all medical and dental records. (b) All files shall be confidential and access shall be limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena. Personnel of other correctional, welfare or law enforcement agencies may have access to files under rules and regulations of the respective Department. The respective Department shall keep a record of all outside personnel who have access to files, the files reviewed, any file material copied, and the purpose of access. If the respective Department or the Prisoner Review Board makes a determination under this Code which affects the length of the period of confinement or commitment, the committed person and his counsel shall be advised of factual information relied upon by the respective Department or Board to make the determination, provided that the Department or Board shall not be required to advise a person committed to the Department of Juvenile Justice any such information which in the opinion of the Department of Juvenile Justice or Board would be detrimental to his treatment or rehabilitation. (c) The master file shall be maintained at a place convenient to its use by personnel of the respective Department in charge of the person. When custody of a person is transferred from the Department to another department or agency, a summary of the file shall be forwarded to the receiving agency with such other information required by law or requested by the agency under rules and regulations of the respective Department. (d) The master file of a person no longer in the custody of the respective Department shall be placed on inactive status and its use shall be restricted subject to rules and regulations of the Department. (e) All public agencies may make available to the respective Department on request any factual data not otherwise privileged as a matter of law in their possession in respect to individuals committed to the respective Department. (f) A committed person may request a summary of the committed person's master record file once per year and the committed person's attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days. The summary must contain, unless otherwise prohibited by law: (1) the person's name, ethnic, racial, last known | ||
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(2) all digitally available information from the | ||
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(3) all information in the Offender 360 system on the | ||
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(4) the person's complete assignment history in the | ||
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(5) the person's disciplinary card; (6) additional records about up to 3 specific | ||
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(7) any available records about up to 5 specific | ||
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(8) the records of all grievances filed on or after | ||
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Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act. (g) Subject to appropriation, on or before July 1, 2025, the Department of Corrections shall digitalize all newly committed persons' master record files who become incarcerated and all other new information that the Department maintains concerning its correctional institutions, facilities, and individuals incarcerated. (h) Subject to appropriation, on or before July 1, 2027, the Department of Corrections shall digitalize all medical and dental records in the master record files and all other information that the Department maintains concerning its correctional institutions and facilities in relation to medical records, dental records, and medical and dental needs of committed persons. (i) Subject to appropriation, on or before July 1, 2029, the Department of Corrections shall digitalize all information in the master record files and all other information that the Department maintains concerning its correctional institutions and facilities. (j) The Department of Corrections shall adopt rules to implement subsections (g), (h), and (i) if appropriations are available to implement these provisions. (k) Subject to appropriation, the Department of Corrections, in consultation with the Department of Innovation and Technology, shall conduct a study on the best way to digitize all Department of Corrections records and the impact of that digitizing on State agencies, including the impact on the Department of Innovation and Technology. The study shall be completed on or before January 1, 2024. (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff. 6-30-23; 103-605, eff. 7-1-24.) |
(730 ILCS 5/3-5-2) (from Ch. 38, par. 1003-5-2)
Sec. 3-5-2.
Institutional Record.
The Department shall maintain records of the examination, assignment,
transfer, discipline of committed persons and what grievances, if any, are
made in each of its institutions, facilities and programs. The record shall
contain the name of the persons involved, the time, date, place and purpose
of the procedure, the decision and basis therefor, and any review of the
decision made.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-5-3)
Sec. 3-5-3. (Repealed).
(Source: P.A. 98-528, eff. 1-1-15. Repealed by P.A. 103-363, eff. 7-28-23.)
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(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
Sec. 3-5-3.1. Report to the General Assembly. (a) As used in this Section, "facility" includes any
facility of the Department of Corrections.
(b) The Department of Corrections shall, by
January 1st, April
1st, July 1st, and October 1st of each year, electronically transmit to the General
Assembly, a report which shall include the following information reflecting the period
ending 30 days prior to the submission of the report: (1) the number of residents in all Department | ||
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(2) a classification of each facility's residents by | ||
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(3) the number of residents in maximum, medium, and | ||
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(4) the educational and vocational programs provided | ||
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(5) the present design and rated capacity levels in | ||
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(6) the projected design and rated capacity of each | ||
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(7) the ratio of the security staff to residents in | ||
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(8) the ratio of total employees to residents in each | ||
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(9) the number of residents in each facility that are | ||
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(10) information indicating the distribution of | ||
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(11) a status of all capital projects currently | ||
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(12) the projected adult prison facility populations | ||
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(13) the projected exits and projected admissions in | ||
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(14) the locations of all Department-operated or | ||
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(15) the number of reported assaults on employees at | ||
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(16) the number of reported incidents of resident | ||
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(17) the number of employee injuries resulting from | ||
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For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff. The report shall also include the data collected under Section 3-2-12 of this Code in the manner required under that Section. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. (c) A copy of the report required under this Section shall be posted to the Department's Internet website at the time the report is submitted to the General Assembly. (d) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act. (e) The Department shall: (1) establish a reasonable procedure for employees | ||
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(2) inform each employee: (A) of the procedure for reporting work-related | ||
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(B) of the right to report work-related assaults | ||
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(C) that the Department is prohibited from | ||
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(3) not discharge, discipline, or in any manner | ||
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(Source: P.A. 100-907, eff. 1-1-19; 100-1075, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the
Department of Healthcare and Family Services
information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department shall not be liable
to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)
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(730 ILCS 5/Ch. III Art. 6 heading) ARTICLE 6.
INSTITUTIONS; FACILITIES; AND PROGRAMS
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(730 ILCS 5/3-6-0.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-6-0.5. Definitions. As used in this Section and Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4: "Extraordinary circumstance" means an extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the committed person, the staff of the correctional institution or medical facility, other committed persons, or the public. "Labor" means the period of time before a birth and shall include any medical condition in which an individual is sent or brought to the hospital for the purpose of delivering a baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery, including pre-operative preparation. "Postpartum" means the 6-week period following birth unless determined to be a longer period by a physician, advanced practice registered nurse, physician assistant, or other qualified medical professional. "Restraints" means any physical restraint or mechanical device used to control the movement of a committed person's body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind. (Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 5/3-6-1) (from Ch. 38, par. 1003-6-1)
Sec. 3-6-1. Institutions; facilities; and programs.
(a) The Department shall designate those institutions and facilities
which shall be maintained for persons assigned as adults.
(b) The types, number and population of institutions and facilities
shall be determined by the needs of committed persons for treatment and the
public for protection. All institutions and programs shall conform to the
minimum standards under this Chapter.
(Source: P.A. 101-219, eff. 1-1-20.)
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(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) Sec. 3-6-2. Institutions and facility administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3-8-5 or Section 3-10-5.
(d) The Department of Juvenile Justice shall provide educational programs for all
committed youth so that all youth have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department of Corrections who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department of Corrections and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department of Corrections, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department of Corrections under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department of Corrections until paid.
(d-5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d-5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is | ||
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(2) that the person is not capable of giving consent | ||
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(e-5) If a physician providing medical care to a committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. Neither the Department of Corrections nor the Department of Juvenile Justice may require a committed person or person committed to any facility operated by the Department of Juvenile Justice, as set
forth in Section 3-2.5-15 of this Code, to pay any co-payment for receiving medical or dental services.
(f-5) The Department shall comply with the Health Care Violence Prevention Act. (g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either | ||
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(6) a prerelease reunification staffing involving the | ||
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(i) (Blank).
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a facility of the Department or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information verbally, in writing, by video, or other electronic means, concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (d) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
(m) The chief administrative officer of each institution or facility of the Department shall make a room in the institution or facility available for substance use disorder services to be provided to committed persons on a voluntary basis. The services shall be provided for one hour once a week at a time specified by the chief administrative officer of the institution or facility if the following conditions are met: (1) the substance use disorder service contacts the | ||
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(2) the committed person may attend the meeting for | ||
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(3) all disciplinary and other rules of the | ||
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(4) the committed person is not given any additional | ||
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(5) if the substance use disorder service does not | ||
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(6) the number of committed persons who may attend a | ||
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(7) a volunteer seeking to provide substance use | ||
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(8) each institution and facility of the Department | ||
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For the purposes of this subsection (m), "substance use disorder services" means recovery services for persons with substance use disorders provided by volunteers of recovery support services recognized by the Department of Human Services. (Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20; 102-350, eff. 8-13-21.)
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(730 ILCS 5/3-6-2.5)
Sec. 3-6-2.5.
Immersible heating coils prohibited.
Each chief
administrative
officer of an Adult Department of Corrections maximum security facility
may not allow committed persons to have access to
heating elements including, but not limited to, immersible heating coils
commonly known as "stingers".
(Source: P.A. 91-912, eff. 7-7-00.)
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(730 ILCS 5/3-6-3) (Text of Section before amendment by P.A. 103-822) Sec. 3-6-3. Rules and regulations for sentence credit. (a)(1) The Department of Corrections shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall be subject to review by the Prisoner Review Board. (1.5) As otherwise provided by law, sentence credit may be awarded for the following: (A) successful completion of programming while in | ||
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(B) compliance with the rules and regulations of the | ||
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(C) service to the institution, service to a | ||
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(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with respect to offense listed in clause (vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following: (i) that a prisoner who is serving a term of | ||
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(ii) that a prisoner serving a sentence for attempt | ||
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(iii) that a prisoner serving a sentence for home | ||
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(iv) that a prisoner serving a sentence for | ||
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(v) that a person serving a sentence for gunrunning, | ||
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(vi) that a prisoner serving a sentence for a second | ||
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(vii) that a prisoner serving a sentence for | ||
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(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of 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 other than the offense of 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 rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of sentence credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9. (2.2) A prisoner serving a term of natural life imprisonment shall receive no sentence credit. (2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence 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, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence 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) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State. Eligible inmates for an award of earned sentence credit under this paragraph (3) may be selected to receive the credit at either Director's or his or her designee's sole discretion. Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department. The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence, including time served in a county jail; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate: (A) is eligible for the earned sentence credit; (B) has served a minimum of 60 days, or as close to | ||
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(B-1) has received a risk/needs assessment or other | ||
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(C) has met the eligibility criteria established by | ||
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The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection. (3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include: (A) the number of inmates awarded earned sentence | ||
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(B) the average amount of earned sentence credit | ||
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(C) the holding offenses of inmates awarded earned | ||
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(D) the number of earned sentence credit revocations. (4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph. The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center. (B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon: (i) documentation provided by the Department that the | ||
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(ii) the inmate's own testimony in the form of an | ||
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(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided. (D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4). (E) The rules and regulations shall provide for the recalculation of program credits awarded pursuant to this paragraph (4) prior to July 1, 2021 (the effective date of Public Act 101-652) at the rate set for such credits on and after July 1, 2021. Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs under which sentence credit may be earned under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants. Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate. (4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. (4.2)(A) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph. (B) The rules and regulations shall provide for the award of sentence credit under this paragraph (4.2) for qualifying days of engagement in eligible activities occurring prior to July 1, 2021 (the effective date of Public Act 101-652). (4.5) The rules and regulations on sentence credit shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director. (4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine. (4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts: (i) 85% of his or her sentence if the prisoner is | ||
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(ii) 60% of his or her sentence if the prisoner is | ||
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(iii) 100% of his or her sentence if the prisoner is | ||
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(5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department. (b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of sentence credit. (c) (1) The Department shall prescribe rules and regulations for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing the rate of accumulation of sentence credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of sentence credit for any one infraction. (2) When the Department seeks to revoke, suspend, or reduce the rate of accumulation of any sentence credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of sentence credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department. (3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may restore sentence credits which have been revoked, suspended, or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation. Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of sentence credit. (d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of sentence credit by bringing charges against the prisoner sought to be deprived of the sentence credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of sentence credit at the time of the finding, then the Prisoner Review Board may revoke all sentence credit accumulated by the prisoner. For purposes of this subsection (d): (1) "Frivolous" means that a pleading, motion, or | ||
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(A) it lacks an arguable basis either in law or | ||
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(B) it is being presented for any improper | ||
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(C) the claims, defenses, and other legal | ||
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(D) the allegations and other factual contentions | ||
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(E) the denials of factual contentions are not | ||
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(2) "Lawsuit" means a motion pursuant to Section | ||
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(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404. (f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code. (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-822) Sec. 3-6-3. Rules and regulations for sentence credit. (a)(1) The Department of Corrections shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall be subject to review by the Prisoner Review Board. (1.5) As otherwise provided by law, sentence credit may be awarded for the following: (A) successful completion of programming while in | ||
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(B) compliance with the rules and regulations of the | ||
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(C) service to the institution, service to a | ||
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(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with respect to offense listed in clause (vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or with respect to the offense of unlawful possession of a firearm by a repeat felony offender committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following: (i) that a prisoner who is serving a term of | ||
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(ii) that a prisoner serving a sentence for attempt | ||
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(iii) that a prisoner serving a sentence for home | ||
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(iv) that a prisoner serving a sentence for | ||
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(v) that a person serving a sentence for gunrunning, | ||
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(vi) that a prisoner serving a sentence for a second | ||
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(vii) that a prisoner serving a sentence for | ||
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(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of 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 other than the offense of 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 rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of sentence credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9. (2.2) A prisoner serving a term of natural life imprisonment shall receive no sentence credit. (2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence 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, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence 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) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. (3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State. Eligible inmates for an award of earned sentence credit under this paragraph (3) may be selected to receive the credit at either Director's or his or her designee's sole discretion. Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department. The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence, including time served in a county jail; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate: (A) is eligible for the earned sentence credit; (B) has served a minimum of 60 days, or as close to | ||
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(B-1) has received a risk/needs assessment or other | ||
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(C) has met the eligibility criteria established by | ||
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The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection. (3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include: (A) the number of inmates awarded earned sentence | ||
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(B) the average amount of earned sentence credit | ||
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(C) the holding offenses of inmates awarded earned | ||
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(D) the number of earned sentence credit revocations. (4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph. The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center. (B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon: (i) documentation provided by the Department that the | ||
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(ii) the inmate's own testimony in the form of an | ||
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(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided. (D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4). (E) The rules and regulations shall provide for the recalculation of program credits awarded pursuant to this paragraph (4) prior to July 1, 2021 (the effective date of Public Act 101-652) at the rate set for such credits on and after July 1, 2021. Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs under which sentence credit may be earned under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants. Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate. (4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. (4.2)(A) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph. (B) The rules and regulations shall provide for the award of sentence credit under this paragraph (4.2) for qualifying days of engagement in eligible activities occurring prior to July 1, 2021 (the effective date of Public Act 101-652). (4.5) The rules and regulations on sentence credit shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director. (4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine. (4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts: (i) 85% of his or her sentence if the prisoner is | ||
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(ii) 60% of his or her sentence if the prisoner is | ||
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(iii) 100% of his or her sentence if the prisoner is | ||
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(5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department. (b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of sentence credit. (c) (1) The Department shall prescribe rules and regulations for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing the rate of accumulation of sentence credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of sentence credit for any one infraction. (2) When the Department seeks to revoke, suspend, or reduce the rate of accumulation of any sentence credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of sentence credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department. (3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may restore sentence credits which have been revoked, suspended, or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation. Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of sentence credit. (d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of sentence credit by bringing charges against the prisoner sought to be deprived of the sentence credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of sentence credit at the time of the finding, then the Prisoner Review Board may revoke all sentence credit accumulated by the prisoner. For purposes of this subsection (d): (1) "Frivolous" means that a pleading, motion, or | ||
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(A) it lacks an arguable basis either in law or | ||
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(B) it is being presented for any improper | ||
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(C) the claims, defenses, and other legal | ||
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(D) the allegations and other factual contentions | ||
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(E) the denials of factual contentions are not | ||
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(2) "Lawsuit" means a motion pursuant to Section | ||
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(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404. (f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code. (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605, eff. 7-1-24; 103-822, eff. 1-1-25.) |
(730 ILCS 5/3-6-3.1)
Sec. 3-6-3.1.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 92-850, eff.
8-26-02.)
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(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
Sec. 3-6-4. Enforcement of Discipline - Escape.
(a) A committed person who escapes or attempts to escape from an
institution or facility of the Department of Corrections, or escapes or attempts to
escape while in the custody of an employee of the Department of Corrections, or
holds or participates in the holding of any person as a hostage by
force, threat or violence, or while participating in any disturbance,
demonstration or riot, causes, directs or participates in the
destruction of any property is guilty of a Class 2 felony. A committed
person who fails to return from furlough or from work and day release is
guilty of a Class 3 felony.
(b) If one or more committed persons injures or attempts to injure
in a violent manner any employee, officer, guard, other peace officer
or any other committed person or damages or attempts to damage any building or
workshop, or any appurtenances thereof, or attempts to escape, or disobeys or
resists any lawful command, the employees, officers, guards and other peace
officers shall use all suitable means to defend themselves, to enforce the
observance of discipline, to secure the persons of the offenders, and prevent
such attempted violence or escape; and said employees, officers, guards, or
other peace officers, or any of them, shall, in the attempt to prevent the
escape of any such person, or in attempting to retake any such person who has
escaped, or in attempting to prevent or suppress violence by a committed person
against another person, a riot, revolt, mutiny or insurrection, be justified in
the use of force, including force likely to cause death or great bodily harm
under Section 7-8 of the Criminal Code of 2012 which he reasonably believed
necessary.
As used in this Section, "committed person" includes a person held in
detention in a secure facility or committed as a sexually violent person and
held in a secure facility under the Sexually Violent Persons Commitment Act;
and "peace officer" means any officer or member
of any duly organized State, county or municipal police unit or police force.
(c) The Department shall establish procedures to provide immediate
notification of the escape of any person, as defined in subsection (a) of this
Section, to the persons specified in subsection (c) of Section
3-14-1 of this Code.
(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
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(730 ILCS 5/3-6-5) (from Ch. 38, par. 1003-6-5)
Sec. 3-6-5.
Crimes Committed by Persons Confined by the Department.
When any person is charged with committing an offense while confined by
the Department, cognizance thereof shall be taken by the circuit court of
the county wherein such crime was committed. Such court shall adjudicate
and sentence the person charged with such crime in the same manner and
subject to the same rules and limitations as are now established by law in
relation to other persons charged with crime. The expense of prosecution
shall be paid by the Department.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-6-6) (from Ch. 38, par. 1003-6-6)
Sec. 3-6-6.
Computer assisted literacy program.
(a) The Director, with the approval of and acting through the Department
of Central Management Services, shall enter into an agreement with a major
international manufacturer of computers by which that manufacturer (i) shall
loan to the Department and install in a correctional facility equipment to
implement a computer assisted literacy pilot program and (ii) shall aid in the
implementation of that pilot program. The configuration of the computer
equipment utilized in the pilot program shall be similar to that installed
in other correctional facilities. The Director and the manufacturer shall
designate the correctional facility in which the pilot program shall be
established.
(b) The computer assisted literacy pilot program shall be conducted for
not less than 6 months. The Department shall establish criteria for
evaluating the pilot program, based on criteria used in other states for
evaluating computer assisted literacy programs in correctional facilities
in those states.
(c) The computer assisted literacy pilot program instructor shall submit
periodic reports to the Director concerning utilization of the pilot
program, benefits of the pilot program, and progress made by committed
persons participating in the pilot program. The Director shall promptly
forward these reports to the General Assembly.
(d) Not later than 6 months after the conclusion of the computer
assisted literacy pilot program, the Director shall report the results of
the pilot program to the General Assembly. The General Assembly shall
thereupon evaluate the effectiveness of the pilot program.
(e) After the conclusion of the computer assisted literacy pilot
program, the Department, with the approval of and acting through the
Department of Central Management Services, may purchase the equipment
utilized in the pilot program, subject to the availability of monies
appropriated to the Department for that purpose.
(Source: P.A. 87-635.)
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(730 ILCS 5/3-6-7) (Text of Section before amendment by P.A. 103-745) Sec. 3-6-7. Pregnant female committed persons. Notwithstanding any other
statute,
directive, or administrative
regulation, when a pregnant female committed person is brought to a hospital
from an Illinois
correctional center for the purpose of delivering her baby, no handcuffs,
shackles, or restraints of any kind may be used during her transport to a
medical facility for the purpose of delivering her baby. Under no
circumstances may leg irons or shackles or waist shackles be used on any
pregnant female committed person who is in labor. Upon the pregnant female
committed person's entry to the hospital
delivery room, a correctional officer must be posted immediately outside the
delivery room. The Department must provide for adequate personnel to monitor
the pregnant female committed person during her transport to and from the
hospital and during her
stay at the hospital.(Source: P.A. 91-253, eff. 1-1-00.) (Text of Section after amendment by P.A. 103-745) Sec. 3-6-7. Pregnant committed persons. (a) The Department shall not apply security restraints to a committed person that has been determined by a qualified medical professional to be pregnant or otherwise is known by the Department to be pregnant or in postpartum recovery, unless the correctional official makes an individualized determination that the committed person presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the committed person, the committed person's child or unborn child, the staff of the Department or medical facility, other committed persons, or the public. The protections set out in paragraphs (3) and (4) of this Section shall apply to security restraints used as provided in this subsection. The correctional officer employed by the Department shall immediately remove all restraints and approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible. (1) Qualified authorized health staff shall have the | ||
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(2) Whenever therapeutic restraints are used by | ||
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(3) Leg irons, shackles or waist shackles shall not | ||
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(4) When a pregnant or postpartum committed person | ||
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(5) Upon the pregnant committed person's entry into a | ||
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(6) The Department shall provide adequate corrections | ||
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(7) Where the correctional institution or facility | ||
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(b) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance where a pregnant or postpartum committed person had restraints used pursuant to this Section during the previous fiscal year. The written report shall state the date, time, location, and rationale for each instance in which restraints are used. The written report shall include information provided to the Jail and Detention Standards Unit by each county department of corrections and county jail. The Department's written report shall also include information on county department of corrections and county jails that did not report as required. The written report shall not contain any individually identifying information of any committed person. The report shall be made available for public inspection. (c) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written report shall include information provided to the Jail and Detention Standards Unit by each county department of corrections and county jail. The Department's written report shall also include information on county department of corrections and county jails that did not report as required. The written report shall not contain any individually identifying information of a committed person. The written report shall be made available for public inspection.(Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 5/3-6-7.1) Sec. 3-6-7.1. Correctional officer training related to pregnant committed persons. (a) The Department shall provide training relating to medical and mental health care issues applicable to pregnant committed persons to: (1) each correctional officer employed by the | ||
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(2) any other Department employee whose duties | ||
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(b) The training must include information regarding: (1) appropriate care for pregnant committed persons; | ||
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(2) the impact on a pregnant committed person and the | ||
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(A) the use of restraints; (B) placement in administrative segregation; and (C) invasive searches.
(Source: P.A. 101-652, eff. 7-1-21.) |
(730 ILCS 5/3-6-7.2) (Text of Section before amendment by P.A. 103-745) Sec. 3-6-7.2. Educational programming for pregnant committed persons. The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and | ||
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(3) parenting skills; and (4) medical and mental health issues applicable to | ||
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(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.) (Text of Section after amendment by P.A. 103-745) Sec. 3-6-7.2. Educational programming and information for pregnant committed persons. (a) The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and | ||
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(3) parenting skills; and (4) medical and mental health issues applicable to | ||
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(b) The Department shall provide informational materials concerning the laws pertaining to pregnant committed persons to any pregnant or postpartum individual. The Department of Public Health and community-based organizations specializing in the rights of pregnant committed persons shall provide these informational materials to the warden at no cost to the Department of Corrections or the Department of Juvenile Justice. The informational materials must include information regarding: (1) the prohibition against the use of restraints; (2) rules concerning the treatment of pregnant | ||
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(3) the right to spend time with a child following | ||
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(4) the requirement to provide educational | ||
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(5) all rights under the Reproductive Health Act; (6) the procedure for obtaining an abortion, if so | ||
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(7) the procedure for obtaining information about | ||
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(8) any new or additional laws concerning the rights | ||
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(9) the address or contact information for community | ||
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(c) The Department must also post informational flyers provided by the Department of Public Health wherever pregnant committed persons may be housed. (Source: P.A. 102-813, eff. 5-13-22; 103-745, eff. 1-1-25.) |
(730 ILCS 5/3-6-7.3) (Text of Section before amendment by P.A. 103-745) Sec. 3-6-7.3. Committed person post-partum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by a committed person: (1) the infant is allowed to remain with the | ||
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(2) the committed person has access to any | ||
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(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-745) Sec. 3-6-7.3. Committed person postpartum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by a committed person: (1) the infant is allowed to remain with the | ||
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(2) the committed person has access to any | ||
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(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23; 103-745, eff. 1-1-25.) |
(730 ILCS 5/3-6-7.4) Sec. 3-6-7.4. Housing requirements applicable to pregnant committed persons. (a) The Department may not place in administrative segregation a committed person who is pregnant or who gave birth during the preceding 30 days unless the Director or the Director's designee determines that the placement is necessary based on a reasonable belief that the committed person will harm herself, the committed person's infant, or any other person or will attempt escape. (b) The Department may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.
(Source: P.A. 101-652, eff. 7-1-21.) |
(730 ILCS 5/3-6-7.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-6-7.5. Supplemental nutrition during pregnancy or lactation. A committed person who is pregnant or lactating, including a committed person who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.(Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 5/3-6-7.6) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-6-7.6. Medical screening; pregnancy test. When a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test.(Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 5/3-6-8) Sec. 3-6-8. High school equivalency testing programs. The Department of Corrections shall develop and establish a program in the Adult Division designed to increase the number of committed persons enrolled in programs for high school equivalency testing and pursuing State of Illinois High School Diplomas by at least 100% over the 4-year period following the effective date of this amendatory Act of the 94th General Assembly. Pursuant to the program, each adult institution and facility shall report annually to the Director of Corrections on the number of committed persons enrolled in high school equivalency testing programs and those who pass high school equivalency testing, and the number of committed persons in the Adult Division who are on waiting lists for participation in the high school equivalency testing programs.
(Source: P.A. 102-1100, eff. 1-1-23.) |
(730 ILCS 5/Ch. III Art. 7 heading) ARTICLE 7.
FACILITIES
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(730 ILCS 5/3-7-1) (from Ch. 38, par. 1003-7-1)
Sec. 3-7-1.
Administrative Regulations.
The Department shall promulgate Rules and Regulations in conformity with
this Code.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) Sec. 3-7-2. Facilities. (a) All institutions and facilities of the Department shall provide every committed person with access to toilet facilities, barber facilities, bathing facilities at least once each week, a library of legal materials and published materials including newspapers and magazines approved by the Director. A committed person may not receive any materials that the Director deems pornographic. (b) (Blank). (c) All institutions and facilities of the Department shall provide facilities for every committed person to leave his cell for at least one hour each day unless the chief administrative officer determines that it would be harmful or dangerous to the security or safety of the institution or facility. (d) All institutions and facilities of the Department shall provide every committed person with a wholesome and nutritional diet at regularly scheduled hours, drinking water, clothing adequate for the season, including underwear, bedding, soap and towels and medical and dental care. Underwear provided to each committed person in all institutions and facilities of the Department shall be free of charge and shall be provided at any time upon request, including multiple requests, of the committed person or as needed by the committed person. (e) All institutions and facilities of the Department shall permit every committed person to send and receive an unlimited number of uncensored letters, provided, however, that the Director may order that mail be inspected and read for reasons of the security, safety or morale of the institution or facility. (f) All of the institutions and facilities of the Department shall permit every committed person to receive in-person visitors and video contact, if available, except in case of abuse of the visiting privilege or when the chief administrative officer determines that such visiting would be harmful or dangerous to the security, safety or morale of the institution or facility. Each committed person is entitled to 7 visits per month. Every committed person may submit a list of at least 30 persons to the Department that are authorized to visit the committed person. The list shall be kept in an electronic format by the Department beginning on August 1, 2019, as well as available in paper form for Department employees. The chief administrative officer shall have the right to restrict visitation to non-contact visits, video, or other forms of non-contact visits for reasons of safety, security, and order, including, but not limited to, restricting contact visits for committed persons engaged in gang activity. No committed person in a super maximum security facility or on disciplinary segregation is allowed contact visits. Any committed person found in possession of illegal drugs or who fails a drug test shall not be permitted contact visits for a period of at least 6 months. Any committed person involved in gang activities or found guilty of assault committed against a Department employee shall not be permitted contact visits for a period of at least 6 months. The Department shall offer every visitor appropriate written information concerning HIV and AIDS, including information concerning how to contact the Illinois Department of Public Health for counseling information. The Department shall develop the written materials in consultation with the Department of Public Health. The Department shall ensure that all such information and materials are culturally sensitive and reflect cultural diversity as appropriate. Implementation of the changes made to this Section by Public Act 94-629 is subject to appropriation. The Department shall seek the lowest possible cost to provide video calling and shall charge to the extent of recovering any demonstrated costs of providing video calling. The Department shall not make a commission or profit from video calling services. Nothing in this Section shall be construed to permit video calling instead of in-person visitation. (f-5) (Blank). (f-10) The Department may not restrict or limit in-person visits to committed persons due to the availability of interactive video conferences. (f-15)(1) The Department shall issue a standard written policy for each institution and facility of the Department that provides for: (A) the number of in-person visits each committed | ||
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(B) the hours of in-person visits; (C) the type of identification required for visitors | ||
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(D) the type of identification, if any, required for | ||
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(2) This policy shall be posted on the Department website and at each facility. (3) The Department shall post on its website daily any restrictions or denials of visitation for that day and the succeeding 5 calendar days, including those based on a lockdown of the facility, to inform family members and other visitors. (g) All institutions and facilities of the Department shall permit religious ministrations and sacraments to be available to every committed person, but attendance at religious services shall not be required. This subsection (g) is subject to the provisions of the Faith Behind Bars Act. (h) Within 90 days after December 31, 1996, the Department shall prohibit the use of curtains, cell-coverings, or any other matter or object that obstructs or otherwise impairs the line of vision into a committed person's cell. (i) A point of contact person appointed under subsection (u-6) of Section 3-2-2 of this Code shall promptly and efficiently review suggestions, complaints, and other requests made by visitors to institutions and facilities of the Department and by other members of the public. Based on the nature of the submission, the point of contact person shall communicate with the appropriate division of the Department, disseminate the concern or complaint, and act as liaison between the parties to reach a resolution. (1) The point of contact person shall maintain | ||
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(A) the parties making the submission; (B) any commissary-related concerns; (C) any concerns about the institution or | ||
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(D) any concerns about mail, video, or electronic | ||
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(E) any concerns about the institution or | ||
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(F) any discipline-related concerns; (G) any concerns about earned sentencing credits; (H) any concerns about educational opportunities | ||
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(I) any concerns about health-related matters; (J) any mental health concerns; (K) any concerns about personal property; (L) any concerns about the records of the | ||
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(M) any concerns about recreational opportunities | ||
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(N) any staffing-related concerns; (O) any concerns about the transfer of | ||
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(P) any concerns about visitation; and (Q) any concerns about work opportunities for | ||
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The information shall be maintained in accordance | ||
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(2) The Department shall provide an annual written | ||
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(A) the work of the point of contact person; (B) the general nature of suggestions, | ||
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(C) the volume of emails, calls, letters, and | ||
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(D) the resolutions reached or recommendations | ||
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(E) whether, if an investigation is recommended, | ||
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(F) any recommendations that the point of contact | ||
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The name, address, or other personally identifiable | ||
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(3) The Department must post in a conspicuous place | ||
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(A) a short statement notifying visitors of the | ||
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(B) information on how to submit suggestions, | ||
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(j) Menstrual hygiene products shall be available, as needed, free of charge, at all institutions and facilities of the Department for all committed persons who menstruate. In this subsection (j), "menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; 103-154, eff. 6-30-23; 103-331, eff. 1-1-24.) |
(730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
Sec. 3-7-2a. If a facility maintains a commissary or commissaries serving inmates, the
selling prices for all goods shall be sufficient to cover the costs of the
goods and an additional charge of up to 35% for tobacco products and up to
25% for non-tobacco products. The amount of the additional charges for goods
sold at commissaries serving inmates shall be based upon the amount necessary to pay for the
wages and benefits of commissary employees who are employed in any
commissary
facilities of
the Department. The Department shall determine the additional charges upon any
changes in wages and benefits of commissary employees as negotiated in the
collective bargaining agreement. If a facility maintains a commissary or commissaries serving employees, the selling price for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 10%. A compliance
audit
of all commissaries and the distribution of commissary funds shall
be included in the regular compliance audit of the Department conducted
by the Auditor General in accordance with the Illinois State Auditing Act.
Items purchased for sale at any such commissary shall be purchased, wherever
possible, at wholesale costs. If a facility maintains a commissary or
commissaries as of the effective
date of this amendatory Act of the 93rd General Assembly, the Department may
not contract with a private contractor or vendor to operate, manage, or
perform any portion of the commissary services. The Department may not enter
into any such contract for commissary services at a facility that opens
subsequent to the effective date of this amendatory Act of the 93rd General
Assembly.
(Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)
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(730 ILCS 5/3-7-2b) (from Ch. 38, par. 1003-7-2b)
Sec. 3-7-2b.
Prior notice to General Assembly.
Prior to the selection
of any site for the construction of any correctional facility, work release
center, community correctional center or any facility used for such
purposes, the Governor shall provide prior timely notice to the President
of the Senate, Speaker of the House, Senate Minority Leader and House
Minority Leader. Such notice shall precede any public announcement or
announcement to private individuals.
(Source: P.A. 83-942.)
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(730 ILCS 5/3-7-2.5)
Sec. 3-7-2.5. Zero tolerance drug policy.
(a) Any person employed by the Department of Corrections who tests positive
in
accordance with established Departmental drug testing procedures for any
substance
prohibited by the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection Act shall be
discharged from employment. Any person employed by the Department of Corrections who tests positive
in
accordance with established Departmental drug testing procedures for any
substance
prohibited by the Cannabis Control Act may be
discharged from employment. Refusal to submit to a drug test, ordered in
accordance
with Departmental procedures, by any person employed by the Department shall be
construed as a positive test, and the person shall be discharged from
employment. The changes made in this Section by this amendatory Act of the 100th General Assembly shall apply to all pending and future incidents under this Section.
Testing of employees shall be conducted in accordance with established
Departmental drug testing procedures. Changes to established drug testing
procedures
that are inconsistent with the federal guidelines specified in the Mandatory
Guidelines for
Federal Workplace Drug Testing Program, 59 FR 29908, or that affect
terms and conditions of employment, shall be negotiated with an exclusive
bargaining
representative in accordance with the Illinois Public Labor Relations Act.
(1) All samples used for the purpose of drug testing | ||
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(2) With respect to any bargaining unit employee, the | ||
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(b) Any employee discharged in accordance with the provisions of subsection
(a)
shall not be eligible for rehire by the Department.
(Source: P.A. 100-1130, eff. 11-27-18.)
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(730 ILCS 5/3-7-3) (from Ch. 38, par. 1003-7-3)
Sec. 3-7-3.
Institutional Safety and Sanitation.
(a) Standards of sanitation and safety for all institutions and
facilities shall be established and enforced by the Department. All
buildings and facilities shall be cleaned regularly and properly
maintained. Ventilation of air and heat adequate to the climate and season
shall be provided.
(b) All new, remodeled and newly designated institutions or facilities
shall provide at least 50 square feet of cell, room or dormitory floor
space.
(Source: P.A. 83-942.)
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(730 ILCS 5/3-7-4) (from Ch. 38, par. 1003-7-4)
Sec. 3-7-4.
Protection of Persons.
The Department shall establish rules and regulations for the protection
of the person and property of employees of the Department and every
committed person.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-7-5) (from Ch. 38, par. 1003-7-5)
Sec. 3-7-5.
The Department shall implement a comprehensive energy conservation
program at all correctional institutions and facilities in the State, for
the purpose of conserving energy in any and all forms and to ultimately
reduce expenditures in such regard. The Department may request the Capital
Development Board to provide personnel and services in connection with the
inspection of the institutions and facilities and the making of specific
recommendations for current expenditures for improvement and ultimate cost reduction.
(Source: P.A. 81-558.)
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(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
Sec. 3-7-6. (Repealed).
(Source: P.A. 97-697, eff. 6-22-12. Repealed by P.A. 101-235, eff. 1-1-20.)
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(730 ILCS 5/3-7-7) (from Ch. 38, par. 1003-7-7)
Sec. 3-7-7.
The Department shall establish rules governing
the provision of mental health services to committed persons.
Such rules shall provide, among other matters, that a committed
person who is diagnosed as suffering from a mental illness or
developmental disability shall have access to treatment as
determined necessary by a qualified mental health or developmental
disability professional of the Department, and that mental health
records be disclosed only for purposes authorized by Department
rule or the Unified Code of Corrections or as otherwise authorized by law.
(Source: P.A. 86-1403.)
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(730 ILCS 5/3-7-8) Sec. 3-7-8. Persons committed to Department of Corrections institutions and facilities; access to job and career building websites. The Director and the Secretary of Innovation and Technology shall jointly adopt a rule or best practices protocol that permits each committed person in a Department of Corrections institution or facility to access specific and approved job search and career building websites within a specified period before the person's release from the Department of Corrections institution or facility and to access only those job search and career building websites.
(Source: P.A. 101-397, eff. 1-1-20.) |
(730 ILCS 5/Ch. III Art. 8 heading) ARTICLE 8.
ADULT INSTITUTIONAL PROCEDURES
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(730 ILCS 5/3-8-1) (from Ch. 38, par. 1003-8-1)
Sec. 3-8-1. Receiving procedures.
(a) The Department shall establish one or more receiving stations for
committed persons and for persons transferred under Section 3-10-11 and
shall advise the sheriffs of the several counties of the location of such
stations. In the execution of the mittimus or order for the commitment or
transfer of a person to the Department, the sheriff shall deliver such
person to the nearest receiving station of the Department. The sheriff
shall also convey with such person at the time of delivery, the items under
Section 5-4-1, and a record of the person's time, his behavior and conduct
while under the sheriff's custody.
(b) The Department shall verify the identity of the person delivered
before accepting custody and shall require delivery of the items under
paragraph (a) of this Section or a statement of the reason why they cannot
be delivered.
(c) The Department shall inventory and issue a receipt to such person
for all money and other personal property not permitted to the possession
of such person.
(d) No later than 45 days after a committed person is received by the Department, the Department shall begin the process of obtaining a certified copy of the person's birth certificate and a duplicate social security card if the person does not have access to those items. (Source: P.A. 103-345, eff. 1-1-24.)
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(730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
Sec. 3-8-2. Social Evaluation; physical examination; HIV/AIDS. (a) A social evaluation shall be made of a
committed person's medical, psychological, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense, and such other information as the Department
may determine. The committed person shall be assigned to an institution or
facility in so far as practicable in accordance with the social evaluation.
Recommendations shall be made for medical, dental, psychiatric,
psychological and social service treatment.
(b) A record of the social evaluation shall be entered in the committed
person's master record file and shall be forwarded to the institution or
facility to which the person is assigned.
(c) Upon admission to a correctional institution each committed person
shall be given a physical examination. If he is suspected of having a
communicable disease that in the judgment of the Department medical
personnel requires medical isolation, the committed person shall remain in
medical isolation until it is no longer deemed medically necessary. (d) Upon arrival at a reception and classification center or an inmate's final destination, the Department must provide the committed person with appropriate information in writing, verbally, by video or other electronic means concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department also must offer the
committed person the option of being tested, with no copayment, for infection with human immunodeficiency virus (HIV). Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (d) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; 97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
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(730 ILCS 5/3-8-3) (from Ch. 38, par. 1003-8-3)
Sec. 3-8-3.
Program Assignments.
(a) Work, education and other program assignments shall be made in so
far as practicable in accordance with the social evaluation.
(b) The Director shall establish procedures for making and reviewing
program assignments.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4)
Sec. 3-8-4.
Intradivisional Transfers.
(a) After the initial assignments under Sections 3-8-2 and 3-8-3, all
transfers of committed persons to another institution or facility shall be
reviewed and approved by a person or persons designated by the Director. A
record of each transfer and the reasons therefor shall be included in the
person's master record file.
(b) Transfers to facilities for psychiatric treatment and care within
the Department shall be made only after prior psychiatric examination and
certification to the Director that such transfer is required. Persons in
facilities for psychiatric treatment and care within the Department shall
be reexamined at least every 6 months. Persons found to no longer require
psychiatric treatment and care shall be transferred to other facilities of
the Department.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-8-4.5) Sec. 3-8-4.5. Department of Corrections; committed persons; transfer to sheriff. If the county jail located in the county where the committed person was residing immediately before his or her conviction for the offense for which he or she is serving sentence in the Department of Corrections has a reentry program for committed persons, the Department may transfer the committed person to the sheriff of the county where the reentry program is located for up to 12 months before the committed person's release date for participation in the reentry program. No transfer shall be made without the written approval of the sheriff of that county.(Source: P.A. 103-203, eff. 1-1-24.) |
(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
Sec. 3-8-5. Transfer to Department of Human Services.
(a) The Department shall cause inquiry and examination at
periodic intervals to ascertain whether any person committed to it may be
subject to involuntary admission, as defined in Section 1-119 of the Mental
Health and Developmental Disabilities Code, or meets the standard for judicial
admission as defined in Section 4-500 of the Mental Health and Developmental
Disabilities Code, or is an intoxicated person or a person with a substance use disorder as defined in the Substance Use Disorder Act. The Department may provide special psychiatric or psychological
or other counseling or treatment to such persons in a separate institution
within the Department, or the Director of the Department of Corrections
may transfer such persons other than intoxicated
persons or persons with substance use disorders to the Department of Human Services for observation, diagnosis and treatment, subject
to the approval
of the Secretary of the Department of Human Services, for a period of not more than 6 months, if the person
consents in writing to the transfer. The person shall be advised of his
right not to consent, and if he does not consent, such transfer may be
effected only by commitment under paragraphs (c) and (d) of this Section.
(b) The person's spouse, guardian, or nearest relative and his attorney
of record shall be advised of their right to object, and if objection is
made, such transfer may be effected only by commitment under paragraph (c)
of this Section. Notices of such transfer shall be mailed to such person's
spouse, guardian, or nearest relative and to the attorney of record marked
for delivery to addressee only at his last known address by certified mail
with return receipt requested together with written notification of the
manner and time within which he may object thereto.
(c) If a committed person does not consent to his transfer to the Department
of Human Services or if a
person objects under
paragraph (b) of this Section, or if the Department of Human Services determines that a transferred
person requires
commitment to the Department of Human Services
for more than 6 months, or if the person's sentence will expire within 6
months, the Director of the Department of Corrections shall file a petition
in the circuit court of the county in which the correctional institution
or facility is located requesting the transfer of such person to the
Department of Human Services. A certificate
of a psychiatrist, a clinical psychologist, or, if
admission to a developmental disability facility is sought, a
physician that the person is in need of commitment to the
Department of Human Services for treatment
or habilitation shall be attached to the petition. Copies of the
petition shall be furnished to the named person and to the state's
attorneys of the county in which the correctional institution or facility
is located and the county in which the named person was committed to the
Department of Corrections.
(d) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code. The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or habilitation, the
court may commit him to
that Department.
(e) Nothing in this Section shall limit the right of the Director or the
chief administrative officer of any institution or facility to utilize the
emergency admission provisions of the Mental Health and Developmental
Disabilities Code with respect to any person in his custody or care. The
transfer of a person to an institution or facility of the Department of Human
Services under paragraph (a)
of this Section does not discharge the person from the control of the
Department.
(Source: P.A. 102-558, eff. 8-20-21.)
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(730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)
Sec. 3-8-6.
Return and Release from Department of Human Services.
(a) The Department of
Human Services
shall return to the Department of Corrections any person committed to it
under Section 3-8-5, whose sentence has not expired and whom the Department of
Human Services deems no
longer subject to involuntary admission, or no longer meets the standard for
judicial admission.
(b) If a person returned to the Department of Corrections under paragraph
(a) of this Section is eligible for parole and has not had a parole hearing
within the preceding 6 months, he shall have a parole hearing within 45
days after his return.
(c) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence of
any person transferred to the Department of Human Services under Section 3-8-5. If the Department of
Human Services determines that a person transferred to it under
paragraph (a) of Section 3-8-5 requires further hospitalization, it shall
file a petition for the involuntary or judicial admission of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it under paragraph (c) of Section 3-8-5, whose sentence
and parole term have expired and whom the Department of Human Services deems no longer subject to
involuntary admission, or no longer meets the standard for judicial admission.
(Source: P.A. 89-507, eff. 7-1-97.)
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(730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
Sec. 3-8-7. Disciplinary Procedures.)
(a) All disciplinary action shall be consistent with this
Chapter. Rules of
behavior and conduct, the penalties for violation thereof,
and the disciplinary procedure by which such penalties may
be imposed shall be available to committed persons.
(b)(1) Corporal punishment and disciplinary
restrictions on diet, medical or sanitary facilities, mail or access to legal
materials are
prohibited.
(2) (Blank).
(3) (Blank).
(c) Review of disciplinary action imposed under this
Section shall be provided by means of the grievance
procedure under Section 3-8-8. The Department shall provide a disciplined
person with a review of his or her disciplinary action in a timely manner as
required by law.
(d) All institutions and facilities of the Department of Corrections shall establish, subject to the approval of the
Director, procedures for hearing disciplinary cases except
those that may involve the imposition of disciplinary
segregation and isolation; the loss of good time credit under Section
3-6-3 or eligibility to earn good time credit.
(e) In disciplinary cases which may involve the imposition
of disciplinary segregation and isolation, the loss of good time credit or
eligibility to earn good time credit, the Director shall establish disciplinary
procedures consistent with the following principles:
(1) Any person or persons who initiate a disciplinary | ||
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(2) Any committed person charged with a violation of | ||
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(3) Any person charged with a violation of rules is | ||
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(4) The person or persons determining the disposition | ||
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(5) If the charge is sustained, the person charged is | ||
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(6) (Blank).
(Source: P.A. 97-1083, eff. 8-24-12.)
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(730 ILCS 5/3-8-7.5)
Sec. 3-8-7.5.
Mail restrictions.
(a) An inmate shall not correspond with a victim or member of a victim's
family upon being given notice by the Department that the person has notified
the Department that he or she does not wish correspondence from the inmate.
(b) The victim or family member of the victim may give notice to the
Department of his or her desire not to receive correspondence as provided in
this Section and may do so at the time of sentencing or at any time during the
period of incarceration of the inmate by the Department. After receipt of the
notice, the Department shall not knowingly forward any mail addressed to a
victim or family member of a victim named in the notice as not desiring
correspondence from a named inmate.
(c) At the time of any sentencing which results in the imposition of any
term of incarceration with the Department, the State's Attorney shall provide
the victim with written notification that the victim or a family member of the
victim at any time may notify the Department in writing of the person's desire
not to receive correspondence from the inmate convicted of the offense against
the victim.
The notification provided by the State's Attorney shall inform the victim of
the following:
(1) that it is the duty of the person desiring not to | ||
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(2) that the notice to the Department is to include | ||
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The State's Attorney shall assist the victim
in obtaining this information at any time during the incarceration.
(d) The Department shall notify the inmate that the victim or members of the
victim's family have provided notice to the Department that the persons do not
wish correspondence from that inmate during the incarceration.
(Source: P.A. 88-331.)
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(730 ILCS 5/3-8-8) (from Ch. 38, par. 1003-8-8)
Sec. 3-8-8.
Grievances.
(a) The Director shall establish procedures to review the grievances of
committed persons. The Director may establish one or more administrative
review boards within the Department to review grievances. A committed
person's right to file grievances shall not be restricted. Such procedure
shall provide for the review of grievances by a person or persons other
than the person or persons directly responsible for the conditions or
actions against which the grievance is made.
(b) Such procedures shall provide that a record of such grievance and
any decision made with respect to it shall be preserved for a period of one
year.
(c) Such procedures shall allow committed persons to communicate
grievances directly to the Director or some person designated by the
Director outside of the institution or facility where the person is
confined.
(d) All committed persons shall be informed of the grievance procedures
established by the Department and they shall be available to all committed
persons.
(e) Discipline shall not be imposed because of use of the grievance
procedure.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-8-9) (from Ch. 38, par. 1003-8-9)
Sec. 3-8-9.
Agreement on Detainers.
(a) The Agreement on
Detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE I
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of the
party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper
status of any and all detainers based on untried indictments, informations
or complaints. The party states also find that proceedings with reference
to such charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It is the
further purpose of this agreement to provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States
of America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final disposition
pursuant to Article III hereof or at the time that a request for custody or
availability is initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had
on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonment in a penal
or correctional institution of a party state, and whenever during the
continuance of the term of imprisonment there is pending in any other party
state any untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he shall be
brought to trial within 180 days after he shall have caused to
be delivered to the
prosecuting officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment, information
or complaint: provided that for a good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance. The request of
the prisoner shall be accompanied by a certificate of the appropriate
official having custody of the prisoner, stating the term of commitment
under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time earned,
the time of parole eligibility of the prisoner, and any decisions of the
state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in
paragraph (a) hereof shall be given or sent by the prisoner to the warden,
commissioner of corrections or other official having custody of him, who
shall promptly forward it together with the certificate to the appropriate
prosecuting official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of corrections or other official having
custody of the prisoner shall promptly inform him of the source and
contents of any detainer lodged against him and shall also inform him of
his right to make a request for final disposition of the indictment,
information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall operate as a request for final disposition of
all untried indictments, informations or complaints on the basis of which
detainers have been lodged against the prisoner from the state to whose
prosecuting official the request for final disposition is specifically
directed. The warden, commissioner of corrections or other official having
custody of the prisoner shall forthwith notify all appropriate prosecuting
officers and courts in the several jurisdictions within the state to which
the prisoner's request for final disposition is being sent of the
proceeding being initiated by the prisoner. Any notification sent pursuant
to this paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same with
prejudice.
(e) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall also be deemed to be a waiver of extradition
with respect to any charge or proceeding contemplated thereby or included
therein by reason of paragraph (d) hereof, and a waiver of extradition to
the receiving state to serve any sentence there imposed upon him, after
completion of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the prisoner to
the production of his body in any court where his presence may be
required in order to effectuate the purposes of this agreement and a further
consent voluntarily to be returned to the original place of imprisonment in
accordance with the provisions of this agreement. Nothing in this paragraph
shall prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of
the request for final disposition referred to in paragraph (a) hereof shall
void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have a
prisoner against whom he has lodged a detainer and who is serving a term
of imprisonment in any party state made available in accordance with
Article V (a) hereof upon presentation of a written request for
temporary custody or
availability to the appropriate authorities of the state in which the
prisoner is incarcerated: provided that the court having jurisdiction of
such indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that there shall
be a period of 30 days after receipt by the appropriate authorities before
the request be honored, within which period the governor of the sending
state may disapprove the request for temporary custody or availability,
either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already served,
the time remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decisions
of the state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate courts in
the receiving state who have lodged detainers against the prisoner with
similar certificates and with notices informing them of the request for
custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial
shall be commenced within 120 days of the arrival of the prisoner in the
receiving state, but for good cause shown in open court, the prisoner or
his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his
delivery as provided in paragraph (a) hereof, but such delivery may not be
opposed or denied on the ground that the executive authority of the sending
state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the original
place of imprisonment pursuant to Article V (e) hereof, such indictment,
information or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to deliver
temporary custody of such prisoner to the appropriate authority in the
state where such indictment, information or complaint is pending against
such person in order that speedy and efficient prosecution may be had. If
the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in
Article III of this agreement. In the case of a federal prisoner, the
appropriate authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence in
federal custody at the place for trial, whichever custodial arrangement
may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the
state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on
the basis of which the detainer has been lodged and on the basis of which
the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on the
indictment, information or complaint on the basis of which the detainer has
been lodged is not brought to trial within the period provided in Article
III or Article IV hereof, the appropriate court of the jurisdiction where
the indictment, information or complaint has been pending shall enter an
order dismissing the same with prejudice, and any detainer based thereon
shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only
for the purpose of permitting prosecution on the charge or charges
contained in one or more untried indictments, informations or complaints
which form the basis of the detainer or detainers or for prosecution on
any other charge or charges arising out of the same transaction. Except for
his attendance at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting
prosecution.
(e) At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement,
time being served on the sentence shall continue to run but good time shall
be earned by the prisoner only if, and to the extent that, the law and
practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from the temporary custody may be dealt with in the
same manner as an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the territory
and custody of the sending state, the state in which the one or more
untried indictments, informations or complaints are pending or in which
trial is being had shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies and officers of
and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the time periods
provided in Articles III and IV of this agreement, the running of said time
periods shall be tolled whenever and for as long as the prisoner is unable
to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and without the
state, information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to this
agreement may withdraw herefrom by enacting a statute repealing the same.
However, the withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers at the time
such withdrawal takes effect, nor shall it affect their rights in respect
thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this agreement shall be held contrary to
the constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) "Appropriate court" as used in this Section with reference to the
courts of this State means circuit courts.
(c) All courts, departments, agencies, officers and employees of this
State and its political subdivisions are hereby directed to enforce the
Agreement on Detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its purpose.
(d) Section 3-6-4 shall apply to offenders while in the custody of
another state under this Section.
(e) It shall be lawful and mandatory upon the chief administrative
officer or other official in charge of a penal or correctional institution
in this State to give over the person of any inmate thereof whenever so
required by the operation of the Agreement on Detainers.
(f) The Director of the Department of Corrections shall be the officer
designated under Article VII of the Agreement on Detainers.
(g) Copies of this act shall, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of
general services of the United States, and the council of State Governments.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10) Sec. 3-8-10. Intrastate detainers. Subsections (b), (c), and (e) of Section 103-5 of the Code of Criminal Procedure of 1963 shall also apply to persons committed to any institution or facility or program of the Illinois Department of Corrections who have untried complaints, charges or indictments pending in any county of this State, and such person shall include in the demand under subsection (b), a statement of the place of present commitment, the term, and length of the remaining term, the charges pending against him or her to be tried and the county of the charges, and the demand shall be addressed to the state's attorney of the county where he or she is charged with a copy to the clerk of that court and a copy to the chief administrative officer of the Department of Corrections institution or facility to which he or she is committed. The state's attorney shall then procure the presence of the defendant for trial in his county by habeas corpus. Additional time may be granted by the court for the process of bringing and serving an order of habeas corpus ad prosequendum. In the event that the person is not brought to trial within the allotted time, then the charge for which he or she has requested a speedy trial shall be dismissed. The provisions of this Section do not apply to persons no longer committed to a facility or program of the Illinois Department of Corrections. A person serving a period of parole or mandatory supervised release under the supervision of the Department of Corrections, for the purpose of this Section, shall not be deemed to be committed to the Department. (Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(730 ILCS 5/Ch. III Art. 9 heading) ARTICLE 9.
PROGRAMS OF THE DEPARTMENT OF JUVENILE JUSTICE
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-1) (from Ch. 38, par. 1003-9-1)
Sec. 3-9-1. Educational Programs. (a) The Department of Juvenile Justice, subject to appropriation and with the cooperation of other State agencies that work with children, shall establish programming, the components of which shall include, but are not limited to: (1) Case management services. (2) Treatment modalities, including substance abuse | ||
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(3) Prevocational education and career education | ||
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(4) Diagnostic evaluation services/Medical screening. (5) Educational services. (6) Self-sufficiency planning. (7) Independent living skills. (8) Parenting skills. (9) Recreational and leisure time activities. (10) Program evaluation. (11) Medical services.
(b) All institutions or facilities housing persons of such age as to be
subject to compulsory school attendance shall establish an educational
program to provide such persons the opportunity to attain an elementary and
secondary school education equivalent to the completion of the twelfth
grade in the public school systems of this State; and, in furtherance
thereof, shall utilize assistance from local public school districts and
State agencies in established curricula and staffing such program.
(c) All institutions or facilities housing persons not subject to
compulsory school attendance shall make available programs and training to
provide such persons an opportunity to attain an elementary and secondary
school education equivalent to the completion of the twelfth grade in the
public school systems of this State; and, in furtherance thereof, such
institutions or facilities may utilize assistance from local public school
districts and State agencies in creating curricula and staffing the
program.
(d) The Department of Juvenile Justice shall develop and establish a suicide
reduction program in all institutions or facilities housing persons
committed to the Department of Juvenile Justice. The program shall be designed to
increase the life coping skills and self esteem of juvenile offenders and
to decrease their propensity to commit self destructive acts.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-2) (from Ch. 38, par. 1003-9-2)
Sec. 3-9-2. Work Training Programs.
(a) The Department of Juvenile Justice, in conjunction with the private
sector, may establish and offer work training to develop
work habits and equip persons committed to it with marketable skills to
aid in their community placement upon release. Committed persons
participating in this program shall be paid wages similar to those of
comparable jobs in the surrounding community. A portion of the wages
earned shall go to the Department of Juvenile Justice to pay part of the committed
person's room and board, a portion shall be deposited into the Violent
Crime Victim's Assistance Fund to assist victims of crime, and the
remainder shall be placed into a savings account for the committed person
which shall be given to the committed person upon release. The Department
shall promulgate rules to regulate the distribution of the wages earned.
(b) The Department of Juvenile Justice may establish programs of incentive by
achievement, participation in which shall be on a voluntary basis, to sell
goods or services to the public with the net earnings distributed to the
program participants subject to rules of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-2.1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-9-2.1. Emerging adult programs. (a) The Department of Juvenile Justice may establish and offer emerging adult programs for persons at least 18 years of age and under 22 years of age who are committed to the Department of Corrections. (b) Persons at least 18 years of age and under 22 years of age who are in the custody of the Department of Corrections may be transferred to Department of Juvenile Justice facilities for the purposes of participating in emerging adult programs provided that all such transfers comply with the federal Juvenile Justice and Delinquency Prevention Act of 1974 and the federal Prison Rape Elimination Act of 2003. (c) No transfer of any person in the custody of the Department of Corrections shall occur without written approval of the Director of Juvenile Justice and the Director of Corrections. (d) The Department of Juvenile Justice and Department of Corrections shall establish an intergovernmental agreement to govern eligibility criteria and transfer policies and procedures for persons at least 18 years of age and under 22 years of age who are in the custody of the Department of Corrections and are seeking transfer to Department of Juvenile Justice facilities for the purposes of participating in emerging adult programs.(Source: P.A. 103-875, eff. 1-1-25.) |
(730 ILCS 5/3-9-3) (from Ch. 38, par. 1003-9-3)
Sec. 3-9-3. Day
Release.
(a) The Department of Juvenile Justice may institute day release programs for persons
committed to the Department of Juvenile Justice and shall establish rules and
regulations therefor.
(b) The Department of Juvenile Justice may arrange with local schools, public or private
agencies or persons approved by the Department for the release of persons
committed to the Department of Juvenile Justice on a daily basis to the custody of such
schools, agencies or persons for participation in programs or activities.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-4) (from Ch. 38, par. 1003-9-4)
Sec. 3-9-4. Authorized Absence.
The Department of Juvenile Justice may extend the limits of the place of confinement of a
person committed to the Department of Juvenile Justice so that he may leave such place
on authorized absence. Whether or not such person is to be accompanied
shall be determined by the chief administrative officer of the institution
or facility from which such authorized absence is granted. An authorized
absence may be granted for a period of time determined by the Department
of Juvenile Justice and any purpose approved by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-5) (from Ch. 38, par. 1003-9-5)
Sec. 3-9-5. Minimum Standards.
The minimum standards under Article 7 shall apply to all institutions
and facilities under the authority of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-6) (from Ch. 38, par. 1003-9-6)
Sec. 3-9-6. Unauthorized Absence. Whenever a person committed to the Department of Juvenile Justice absconds or absents himself or herself without authority
to do so, from
any facility or program to which he or she is assigned, he or she
may be held in custody
for return to the proper correctional official by the authorities or
whomsoever directed, when an order is certified by the Director of Juvenile Justice or
a person duly designated by the Director, with the seal of the Department
of Juvenile Justice attached. The person so designated by the Director of Juvenile Justice with such
seal attached may be one or more persons and the appointment shall be made
as a ministerial one with no recordation or notice necessary as to the
designated appointees. The order shall be directed to all sheriffs,
coroners, police officers, keepers or custodians of jails or other
detention facilities whether in or out of the State of Illinois, or to any
particular person named in the order.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7) Sec. 3-9-7. Sexual abuse counseling programs.
(a) The Department of Juvenile Justice
shall establish and offer sexual abuse counseling to both victims of sexual
abuse and sexual offenders in as many facilities as necessary to insure
sexual abuse counseling throughout the State.
(b) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined under the Sex Offender Management Board Act shall
be required to undergo sex offender treatment by a treatment provider approved
by the Board and conducted in conformance with the standards developed by the
Sex Offender Management Board Act.
(Source: P.A. 93-616, eff. 1-1-04; 94-696, eff. 6-1-06.)
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(730 ILCS 5/Ch. III Art. 10 heading) ARTICLE 10.
JUVENILE PROCEDURES
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(730 ILCS 5/3-10-1) (from Ch. 38, par. 1003-10-1)
Sec. 3-10-1. Receiving Procedures.
The receiving procedures under Section 3-8-1 shall be applicable to
institutions and facilities of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
Sec. 3-10-2. Examination of persons committed to the Department of Juvenile Justice.
(a) A person committed to the Department of Juvenile Justice shall be examined in
regard to his medical, psychological, social, educational and vocational
condition and history, including the use of alcohol and other drugs,
the circumstances of his offense and any other
information as the Department of Juvenile Justice may determine.
(a-5) Upon admission of a person committed to the Department of Juvenile Justice, the Department of Juvenile Justice must provide the person with appropriate information concerning HIV and AIDS in writing, verbally, or by video or other electronic means. The Department of Juvenile Justice shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department of Juvenile Justice also must offer the person the option of being tested, at no charge to the person, for infection with human immunodeficiency virus (HIV). Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department of Juvenile Justice may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered. Also, upon the admission of a person committed to the Department of Juvenile Justice, the Department of Juvenile Justice must inform the person of the Department's obligation to provide the person with medical care.
(b) Based on its examination, the Department of Juvenile Justice may exercise the following
powers in developing a treatment program of any person committed to the Department of Juvenile Justice:
(1) Require participation by him in vocational, | ||
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(2) Place him in any institution or facility of the | ||
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(3) Order replacement or referral to the Parole and | ||
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(4) Enter into agreements with the Secretary of Human | ||
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(c) The Department of Juvenile Justice shall make periodic reexamination of all persons
under the control of the Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued. This
examination shall be made with respect to every person at least once
annually.
(d) A record of the treatment decision, including any modification
thereof and the reason therefor, shall be part of the committed person's
master record file.
(e) The Department of Juvenile Justice shall by regular mail and telephone or electronic message
notify the parent, guardian, or nearest relative of any person committed to
the Department of Juvenile Justice of his or her physical location and any change of his or her physical location.
(Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18; 101-81, eff. 7-12-19.)
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(730 ILCS 5/3-10-3) (from Ch. 38, par. 1003-10-3)
Sec. 3-10-3. Program Assignment.
(a) The chief administrative officer of each institution or facility of
the Department of Juvenile Justice shall designate a person or persons to classify and
assign juveniles to programs in the institution or facility.
(b) The program assignment of persons assigned to institutions or
facilities of the Department of Juvenile Justice shall be made on the following basis:
(1) As soon as practicable after he is received, and in any case no
later than the expiration of the first 30 days, his file shall be studied
and he shall be interviewed and a determination made as to the program of
education, employment, training, treatment, care and custody appropriate
for him. A record of such program assignment shall be made and shall be a
part of his master record file. A staff member shall be designated for each
person as his staff counselor.
(2) The program assignment shall be reviewed at least once every 3
months and he shall be interviewed if it is deemed desirable or if he so
requests. After review, such changes in his program of education,
employment, training, treatment, care and custody may be made as is
considered necessary or desirable and a record thereof made a part of his
file. If he requests a change in his program and such request is denied,
the basis for denial shall be given to him and a written statement thereof
shall be made a part of his file.
(c) The Department may promulgate rules and regulations governing the
administration of treatment programs within institutions and facilities of
the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)
Sec. 3-10-4. Intradivisional Transfers.
(a) The transfer of committed persons between institutions or facilities
of the Department of Juvenile Justice shall be under this Section, except that emergency
transfers shall be under Section 3-6-2.
(b) The chief administrative officer of an institution or facility
desiring to transfer a committed person to another institution or facility
shall notify the Director of Juvenile Justice or his
delegate of the basis for the transfer. The Director or his
delegate shall approve or deny such request.
(c) If a transfer request is made by a committed person or his parent,
guardian or nearest relative, the chief administrative officer of the
institution or facility from which the transfer is requested shall notify
the Director of Juvenile Justice or his delegate of the
request, the reasons therefor and his recommendation. The
Director of Juvenile Justice or his delegate shall either grant the request or if he denies the
request he shall advise the person or his parent, guardian or nearest
relative of the basis for the denial.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-5) (from Ch. 38, par. 1003-10-5)
Sec. 3-10-5. Transfers to the Department of Human Services.
(a) If a person committed to the Department of Juvenile Justice meets the
standard for admission of a minor to a mental health facility or is suitable
for admission to a developmental disability facility, as these terms are
used in the Mental Health and Developmental Disabilities Code, the
Department may transfer the person to an appropriate State
hospital or institution of the Department of Human Services
for a period not to exceed 6 months, if the person consents in writing to
the transfer. The person shall be advised of his right not to consent, and
if he does not consent, the transfer may be effected only by
commitment under paragraph (e) of this Section.
(b) The parent, guardian or nearest relative and the attorney of record
shall be advised of his right to object. If an
objection is made, the
transfer may be effected only by commitment under paragraph (e) of this
Section. Notice of the transfer shall be mailed to the person's parent,
guardian or nearest relative marked for delivery to addressee only at his
last known address by certified mail with return receipt requested together
with written notification of the manner and time within which he may object
to the transfer. Objection to the transfer must be made by
the parent, guardian
or nearest relative within 15 days of receipt of the notification of
transfer, by written notice of the objection to the Director of Juvenile Justice or
chief administrative officer of the institution or facility of the
Department of Juvenile Justice where the person was confined.
(c) If a person committed to the Department under the Juvenile Court Act
or the Juvenile Court Act of 1987 is committed to a hospital or facility of the
Department of Human Services under this Section, the Director of Juvenile Justice shall so notify the committing juvenile court.
(d) Nothing in this Section shall limit the right of the Director
of Juvenile Justice or the chief administrative officer of any institution
or facility to utilize the emergency admission provisions of the Mental
Health and Developmental Disabilities Code with respect to any person in
his custody or care. The transfer of a person to an institution or facility
of the Department of Human Services under
paragraph (a) of this Section does not discharge the person from the control
of the Department of Juvenile Justice.
(e) If the person does not consent to his transfer to the Department of
Human Services or if a
person objects under paragraph (b) of this Section, or if the Department of
Human Services determines
that a transferred person requires
admission to the Department of Human Services
for more than 6 months for any reason, the Director of Juvenile Justice shall file a petition in the circuit court of the county in which
the institution or facility is located requesting admission of the person
to the Department of Human Services. A
certificate of a clinical psychologist, licensed clinical social
worker who is a qualified examiner as defined in Section 1-122 of the
Mental Health and Developmental Disabilities Code, or psychiatrist,
or, if admission to
a developmental disability facility is sought, of a physician that the
person is in need of commitment to the Department of Human Services for treatment or habilitation
shall be attached
to the petition. Copies of the petition shall be furnished to the named
person, his parent, or guardian or nearest relative, the committing
court, and to the state's attorneys of the county in which the institution
or facility of the Department of Juvenile Justice from which the person was transferred
is located and the county from which the named person was committed to
the Department of Juvenile Justice.
(f) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code. The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or
habilitation, the court may
commit him to
that Department.
(g) In the event that a person committed to the Department under the
Juvenile Court Act or the Juvenile Court Act of 1987 is committed to facilities
of the Department of Human Services under paragraph (e) of this Section, the
Director of Juvenile Justice shall petition the committing juvenile court for an
order terminating the Director's custody.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-6) (from Ch. 38, par. 1003-10-6)
Sec. 3-10-6. Return and Release from Department of Human Services.
(a) The Department of Human Services shall return to the Department of Juvenile Justice
any person
committed to a facility of the Department under paragraph (a) of Section
3-10-5 when the person no longer meets the standard for admission of a
minor to a mental health facility, or is suitable for administrative
admission to a developmental disability facility.
(b) If a person returned to the Department of Juvenile Justice under paragraph (a)
of this Section has not had an aftercare release hearing within the preceding 6 months,
he or she shall have an aftercare release hearing within 45 days after his or her return.
(c) The Department of Juvenile Justice shall notify the Secretary of Human Services
of the expiration of the
commitment or sentence of any person transferred to the Department of Human
Services under Section
3-10-5. If the Department of Human Services determines that such person
transferred to it under paragraph (a) of Section 3-10-5 requires further
hospitalization, it shall file a petition for commitment of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it pursuant to paragraph (c) of Section 3-10-5, whose
sentence has expired and whom it deems no longer meets the standard for
admission of a minor to a mental health facility, or is suitable for
administrative admission to a developmental disability facility. A person
committed to the Department of Juvenile Justice under the Juvenile Court Act
or the Juvenile Court Act of 1987 and transferred to the Department of Human
Services under paragraph (c)
of Section
3-10-5 shall be released to the committing juvenile court when the
Department of Human Services determines that
he or she no longer requires hospitalization for treatment.
(Source: P.A. 98-558, eff. 1-1-14.)
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(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdepartment transfers. (a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) The Director of Juvenile Justice or his designee may authorize the permanent transfer to
the Department of Corrections of any person 18 years or older who was prosecuted under
the provisions of the Criminal Code of 1961 or the Criminal Code of 2012 and sentenced
under the provisions of this Act pursuant to Section 2-7 of the Juvenile
Court Act or Section 5-805 of the Juvenile Court Act of 1987
and committed to the Department of Juvenile Justice under Section 5-8-6 of this Act.
(Source: P.A. 99-628, eff. 1-1-17.)
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(730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
Sec. 3-10-8. Discipline.) (a)(1) Corporal punishment and
disciplinary restrictions on diet, medical or sanitary facilities,
clothing, bedding or mail are prohibited, as are reductions in
the frequency of use of toilets, washbowls and showers.
(2) Disciplinary restrictions on visitation, work, education
or program assignments, the use of toilets, washbowls
and showers shall be related as closely as practicable to
abuse of such privileges or facilities. This paragraph shall
not apply to segregation or isolation of persons for purposes
of institutional control.
(3) No person committed to the Department of Juvenile Justice may be
isolated for disciplinary reasons.
(b) The Department of Juvenile Justice shall establish rules and
regulations governing disciplinary practices, the penalties
for violation thereof, and the disciplinary procedure by which
such penalties may be imposed. The rules of behavior shall be
made known to each committed person, and the discipline shall
be suited to the infraction and fairly applied.
(c) All disciplinary action imposed upon persons in
institutions and facilities of the Department of Juvenile Justice shall
be consistent with this Section and Department rules and
regulations adopted hereunder.
(d) Disciplinary action imposed under this Section shall be
reviewed by the grievance procedure under Section 3-8-8.
(e) A written report of any infraction for which discipline
is imposed shall be filed with the chief administrative officer
within 72 hours of the occurrence of the infraction or the
discovery of it and such report shall be placed in the file
of the institution or facility.
(f) All institutions and facilities of the Department of Juvenile Justice
shall establish, subject to the approval of the Director of Juvenile Justice,
procedures for disciplinary cases except those that may
involve delay in
referral to the Prisoner Review Board or a change in work,
education or other program assignment of more than 7 days duration.
(g) In disciplinary cases which may involve delay in referral to the Prisoner Review Board, or a change in work, education or other
program assignment of more than 7 days duration, the Director
shall establish disciplinary procedures consistent with the
following principles:
(1) Any person or persons who initiate a disciplinary | ||
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(2) Any committed person charged with a violation of | ||
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(3) Any person charged with a violation of rules is | ||
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(4) The person or persons deciding the charge may | ||
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(5) If the charge is sustained, the person charged is | ||
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(6) A change in work, education, or other program | ||
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(Source: P.A. 102-350, eff. 8-13-21.)
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(730 ILCS 5/3-10-9) (from Ch. 38, par. 1003-10-9)
Sec. 3-10-9. Grievances.
The procedures for grievances of the Department of Juvenile Justice shall be governed
under Section 3-8-8.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-10) (from Ch. 38, par. 1003-10-10)
Sec. 3-10-10. Assistance to Committed Persons.
A person committed to the Department of Juvenile Justice shall be furnished with
staff assistance in the exercise of any rights and privileges granted him
under this Code. Such person shall be informed of his right to assistance
by his staff counselor or other staff member.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-11) (from Ch. 38, par. 1003-10-11)
Sec. 3-10-11. Transfers from Department of Children and Family Services.
(a) If (i) a minor 10 years of age or older is adjudicated a
delinquent under the
Juvenile Court Act or the Juvenile Court Act of 1987 and placed with
the Department of Children and Family Services, (ii) it is determined by an
interagency review committee that the Department of
Children and Family Services lacks adequate facilities
to care for and rehabilitate such minor and that placement of such minor with
the Department of Juvenile Justice, subject to certification by the Department of
Juvenile Justice, is appropriate, and (iii) the Department of Juvenile Justice
certifies that it has suitable facilities and personnel available for the
confinement of the minor, the Department of Children and Family Services may
transfer custody of the minor to the
Department of Juvenile Justice provided that:
(1) the juvenile court that adjudicated the minor a | ||
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(2) the Director of Juvenile Justice is made a party | ||
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(3) notice of such transfer is given to the minor's | ||
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(4) a term of incarceration is permitted by law for | ||
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The interagency review committee shall include a representative from the
Department of Children and Family Services, a representative from the
Department of Juvenile Justice, and an educator and a qualified mental health
professional jointly selected by the Department of Children and Family Services
and the Department of Juvenile Justice. The Department of Children and Family
Services, in consultation with the Department of Juvenile Justice, shall promulgate
rules governing the operation of the interagency review committee pursuant to
the Illinois Administrative Procedure Act.
(b) Guardianship of a minor transferred under this Section shall remain
with the Department of Children and Family Services.
(c) Minors transferred under this Section may be placed by the Department
of Juvenile Justice in any program
or facility of the Department of Juvenile Justice, or any
juvenile residential facility.
(d) A minor transferred under this Section shall remain in the custody
of the Department of Juvenile Justice until the Department of
Juvenile Justice determines that the minor is ready to leave its program. The
Department of Juvenile Justice in consultation with the Department of Children and
Family Services shall develop a transition plan and cooperate with
the Department of Children and Family Services to move the minor to an
alternate program. Thirty days before implementing the transition plan, the
Department of Juvenile Justice shall provide the court with notice of the plan. The
Department of Juvenile Justice's custodianship of the minor shall automatically
terminate 30 days after notice is provided to the court and the State's
Attorney.
(e) In no event shall a minor transferred under this Section remain in
the custody of the Department of Juvenile Justice for a period of time in excess of
that period for which an adult could be committed for the same act.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-12) (from Ch. 38, par. 1003-10-12)
Sec. 3-10-12.
The Director of the Department of Juvenile Justice may authorize the use of
any institution or facility of the Department of Juvenile Justice as a Juvenile
Detention Facility for the confinement of minors under 16 years of age in
the custody or detained by the Sheriff of any County or the police
department of any city when said juvenile is being held for appearance
before a Juvenile Court or by Order of Court or for other legal reason,
when there is no Juvenile Detention facility available or there are no
other arrangements suitable for the confinement of juveniles. The Director
of Juvenile Justice may certify that suitable facilities and
personnel are available at the appropriate institution or facility for the
confinement of such minors and this certification shall be filed with the
Clerk of the Circuit Court of the County. The Director of Juvenile Justice may withdraw or withhold certification at any time. Upon the
filing of the certificate in a county the authorities of the county may
then use those facilities and set forth in the certificate under the terms
and conditions therein for the above purpose. Juveniles confined, by the
Department of Juvenile Justice, under this Section, must be kept separate from
adjudicated delinquents.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-10-13)
Sec. 3-10-13. Notifications of Release or Escape.
(a) The Department of Juvenile Justice shall establish procedures to provide written
notification of the release of any person from the Department of Juvenile Justice to the
persons and agencies specified in subsection (c) of Section 3-14-1 of this
Code.
(b) The Department of Juvenile Justice shall establish procedures to provide immediate
notification of the escape of any person from the Department of Juvenile Justice to the
persons and agencies specified in subsection (c) of Section 3-14-1 of this
Code.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/Ch. III Art. 11 heading) ARTICLE 11.
FURLOUGHS
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(730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
Sec. 3-11-1. Furloughs.
(a) The Department may extend the limits of the
place of confinement
of a committed person under prescribed conditions, so that he may leave
such place on a furlough. Whether or not such person is to be
accompanied on furlough shall be determined by the chief administrative
officer. The Department may make an appropriate charge for the necessary
expenses of accompanying a person on furlough. Such furloughs may be
granted for a period of time not to exceed 14 days, for any of the
following purposes:
(1) to visit a spouse, child (including a stepchild | ||
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(2) to obtain medical, psychiatric or psychological | ||
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(3) to make contacts for employment; or
(4) to secure a residence upon release on parole or | ||
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(5) to visit such person's family; or
(6) to appear before various educational panels, | ||
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(b) (Blank).
(c) In any case where the person furloughed is not to be accompanied on
furlough, the Department of Corrections shall give prior notice of the intended
furlough to the State's Attorney of the county from which the offender was
sentenced originally, the State's Attorney of the county where the furlough
is to occur, and to the Sheriff of the county where the furlough is to occur.
Said prior notice is to be in writing except in situations where the reason
for the furlough is of such an emergency nature that previous written notice
would not be possible. In such cases, oral notice of the furlough shall occur.
(Source: P.A. 96-371, eff. 8-13-09.)
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(730 ILCS 5/Ch. III Art. 12 heading) ARTICLE 12.
CORRECTIONAL EMPLOYMENT PROGRAMS
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(730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)
Sec. 3-12-1.
Useful Employment.
The Department shall, in so far as
possible, employ at useful work
committed persons confined in institutions and facilities of the
Department, who are over the age of compulsory school attendance,
physically capable of such employment, and not otherwise occupied in
programs of the Department. Such employment shall
equip such persons with
marketable skills, promote habits of work and responsibility and contribute
to the expense of the employment program and the committed person's cost
of incarceration.
(Source: P.A. 86-450.)
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(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
Sec. 3-12-2. Types of employment.
(a) The Department shall provide inmate workers for Illinois Correctional Industries to work in programs established to train and employ committed
persons in the production of food stuffs and finished goods and any articles, materials or supplies for
resale to State agencies and authorized purchasers. It may also employ committed persons on public
works, buildings and property, the conservation of natural resources of the
State, anti-pollution or environmental control projects, or for other public
purposes, for the maintenance of the Department's buildings and properties and
for the production of food or other necessities for its programs. The
Department may establish, maintain and employ committed persons in the
production of vehicle registration plates. A committed person's labor shall
not be sold, contracted or hired out by the Department except under this
Article.
(b) Works of art, literature, handicraft or other items produced by
committed persons as an avocation and not as a product of a work program of the
Department may be sold to the public under rules and regulations established by
the Department. The cost of selling such products may be deducted from the
proceeds, and the balance shall be credited to the person's account under
Section 3-4-3.
(Source: P.A. 101-235, eff. 1-1-20.)
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(730 ILCS 5/3-12-3) (from Ch. 38, par. 1003-12-3)
Sec. 3-12-3.
Vocational Training.
The Department shall maintain programs of training in various vocations
and trades in connection with its employment programs and shall also
provide opportunities for training outside working hours.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
Sec. 3-12-3a. Contracts, leases, and business agreements. (a) The
Department shall promulgate such rules and policies as it deems necessary to establish, manage, and operate its Illinois Correctional Industries division
for the purpose of utilizing committed persons in the
manufacture of food stuffs, finished goods or wares. To the extent not inconsistent with the function and role of the ICI, the Department may enter into a contract, lease, or other type of business agreement, not to exceed 20 years, with any private corporation, partnership, person, or other business entity for the purpose of utilizing committed persons in the provision of services or for any other business or commercial enterprise deemed by the Department to be consistent with proper training and rehabilitation of committed persons.
Beginning in fiscal year 2021, the Department shall oversee the Illinois Correctional Industries accounting processes and budget requests to the General Assembly, other budgetary processes, audits by the Office of the Auditor General, and computer processes. Beginning in fiscal year 2021, the spending authority of Illinois Correctional Industries shall no longer be separate and apart from the Department's budget and appropriations, and the Department shall control its accounting processes, budgets, audits and computer processes in accordance with any Department rules and policies. (b) The Department shall be permitted to construct buildings on State
property for the purposes identified in subsection (a) and to lease for a
period not to exceed 20 years any building or portion thereof on State
property for the purposes identified in subsection (a).
(c) Any contract or other business agreement referenced in
subsection (a) shall include a provision requiring that all committed
persons assigned receive in connection with their assignment such
vocational training and/or apprenticeship programs as the Department deems appropriate.
(d) Committed persons assigned in accordance with this Section shall be
compensated in accordance with the provisions of Section 3-12-5.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
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(730 ILCS 5/3-12-4) (from Ch. 38, par. 1003-12-4)
Sec. 3-12-4.
Hours and Conditions.
The Department shall make rules and regulations governing the hours and
conditions of labor for committed persons and shall require a medical
examination of all persons to determine their physical capacity to work.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
Sec. 3-12-5. Compensation. Persons performing a work assignment under
subsection (a) of Section 3-12-2 may receive wages under rules and regulations
of the Department. In determining rates of compensation, the Department shall
consider the effort, skill and economic value of the work performed.
Compensation may be given to persons who participate in other programs of the
Department. If the committed person files a lawsuit determined
frivolous
under Article XXII of the Code of Civil Procedure, 50% of the
compensation shall be used to offset the filing fees and costs of the lawsuit
as provided in
that Article until all fees and costs are paid in full. All other wages shall
be deposited in the individual's
account under rules and regulations of the Department.
(Source: P.A. 101-235, eff. 1-1-20.)
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(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
Sec. 3-12-6. Programs. Through its Illinois Correctional Industries division, the Department may establish commercial, business, and manufacturing programs for the production of finished goods and processed food and beverages to the State, its political units, agencies, and other public institutions. Illinois Correctional Industries may establish, operate, and maintain manufacturing and food and beverage production in the Department facilities and provide food for the Department institutions and for the mental health and developmental disabilities institutions of the Department of Human Services and the institutions of the Department of Veterans' Affairs. Illinois Correctional Industries shall be administered by a chief executive officer. The chief executive officer shall report to the Director of the Department or the Director's designee. The chief executive officer shall administer the commercial and business programs of ICI for inmate workers in the custody of the Department of Corrections. The chief executive officer shall have such assistants as are required for programming, manufacturing, budget, and personnel as necessary to run its programs. Illinois Correctional Industries shall be located in Springfield. The chief executive officer of Illinois Correctional Industries
shall assign personnel to teach
the production of goods and shall employ committed persons
assigned by the facility chief administrative officer. The Department of Corrections may
direct such other vocational programs as it deems necessary for the rehabilitation of inmates, which shall be separate and apart from, and not in conflict with, programs of Illinois Correctional Industries.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
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(730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
Sec. 3-12-7. Purchasers; Allocation. (a) The State, its political
units, agencies and other public institutions shall purchase from Illinois Correctional Industries all manufactured goods, articles, materials, industry related services, food
stuffs, and supplies required by them which are produced or
manufactured by persons confined in institutions and facilities of the
Department. The Secretary of State may purchase from the Department
vehicle registration plates produced by persons confined in institutions
and facilities of the Department. The Secretary shall determine reasonable
specifications and prices of such vehicle registration plates as agreed
upon with the Department. Not-for-profit corporations chartered in Illinois
or other States may purchase such goods and services. Units of the Federal
government and units of government in other States may also purchase such
goods and services. All entities which contract with the State, its
political units, its agencies, its public institutions or not-for-profit
corporations chartered in Illinois may purchase goods or services from the
Department which are used in the performance of such contracts. Nothing
shall prohibit the Department from bidding on portions of a State contract
which are subcontracted by the primary contractor. The public may purchase
crushed limestone and lime dust for agricultural and horticultural purposes
and hardwood. Illinois Correctional Industries may also sell grain from its agricultural
operations on the open market. All other articles, materials, industry
related services, food stuffs and supplies which are produced or
manufactured by persons confined in institutions and facilities of the
Department shall be available for sale on the open market.
(b) Allocation of goods shall be made in the following manner:
(1) first, for needs of the Department of Corrections | ||
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(2) second, for the State, its agencies and public | ||
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(3) third, for those political subdivisions of the | ||
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(4) fourth, for other political subdivisions of the | ||
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(5) fifth, for sale on the open market;
(6) sixth, for not for profit corporations chartered | ||
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(7) seventh, for units of government in other states;
(8) eighth, for units of the Federal government;
(9) ninth, for not-for-profit organizations chartered | ||
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(10) tenth, all other permitted purchasers.
(c) Exemption from required purchases shall be on certification of
Illinois Correctional Industries that the items to be purchased are
not manufactured by Illinois Correctional Industries.
(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
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(730 ILCS 5/3-12-8) (from Ch. 38, par. 1003-12-8)
Sec. 3-12-8.
Purchase and Control of Supplies.
The Department may enter into contracts for the purchase of raw
materials required for industrial production and shall have charge of
articles, materials and supplies manufactured for sale to purchasers.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-12-9) (from Ch. 38, par. 1003-12-9)
Sec. 3-12-9.
Sale and Lease of Goods.
(a) The Department shall establish
procedures and issue regulations
governing the sale and lease of goods. It shall issue a list of all goods
available
for sale and lease and shall issue certificates to any required purchasers
under
Section 3-12-7 where the goods requested are not currently available.
(b) Prices shall be determined by the Department as near to the usual
market price for such items as possible and shall be uniform for all
purchasers.
(c) Any disagreement between the Department and an authorized purchaser
or lessee which cannot be resolved between the parties shall be submitted to
arbitration. A board of 3 arbitrators shall be chosen: one by the
Department; one by the purchaser; and one by the other 2 arbitrators. The
decision of the arbitrators shall be final. The arbitrators shall receive
no compensation but expenses shall be shared by the parties on an equal
basis.
(Source: P.A. 84-1041.)
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(730 ILCS 5/3-12-10) (from Ch. 38, par. 1003-12-10)
Sec. 3-12-10.
Contracts Null and Void.
Any contract or agreement violating this Article is null and void. The
Attorney General of this State may bring legal action to challenge the
validity of any contract agreement which he believes to be in violation of
this Article.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-12-11)
Sec. 3-12-11. (Repealed).
(Source: P.A. 81-1507. Repealed by P.A. 103-8, eff. 6-7-23.)
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(730 ILCS 5/3-12-11a) (from Ch. 38, par. 1003-12-11a)
Sec. 3-12-11a.
The Department shall establish, operate and maintain
food production facilities whereby the Department shall employ committed
persons to grow or produce as much food as is practicable for consumption
within its institutions.
(Source: P.A. 85-306.)
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(730 ILCS 5/3-12-12) (from Ch. 38, par. 1003-12-12)
Sec. 3-12-12.
(Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 96-877, eff. 7-1-10.)
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(730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
Sec. 3-12-13. Sale of property. Whenever a responsible officer of the
Correctional Industries Division of the Department seeks to dispose of property
pursuant to the State Property Control Act, proceeds received by the Administrator
under that Act from the sale of property under the control of the Division
of Correctional Industries of the Department shall be deposited into the General Revenue Fund.
(Source: P.A. 103-8, eff. 6-7-23.)
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(730 ILCS 5/3-12-14) (from Ch. 38, par. 1003-12-14)
Sec. 3-12-14.
Recycling and Refuse Sorting Program.
The Department
shall establish and operate a recycling and refuse sorting program in which
committed persons shall be employed. The Department shall promulgate rules
and regulations to establish guidelines for the program. The Department
shall report to the General Assembly as to the progress of this Recycling
and Refuse Sorting Program.
(Source: P.A. 87-647.)
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(730 ILCS 5/3-12-15)
Sec. 3-12-15.
Personally identifiable information.
(a) For purposes of this Section, "personally identifiable information"
includes, without limitation, the following with respect to any individual:
(1) Address.
(2) Telephone number.
(3) Fax number.
(4) E-mail address.
(5) Driver's license number.
(6) Social Security Number.
(7) Credit card number.
(8) Credit history and credit rating.
(9) Insurance information.
(10) Information on purchasing habits.
(11) Automobile registration information.
(12) Vehicle identification number of any vehicle | ||
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(b) The Department may not assign or permit any committed person to
enter any personally identifiable information in a computer processible
medium or any other medium, nor may any other governmental entity or any
private organization assign or permit any person committed to the
Department to enter any personally identifiable information in a computer
processible medium or any other medium pursuant to an interagency
agreement or contract with the Department.
(c) This Section applies to all contracts and interagency agreements entered
into by the Department
before the effective date of this amendatory Act of 1999 and still in existence
on that date as well as to all contracts and interagency agreements entered
into by the Department on or
after that date.
(Source: P.A. 91-180, eff. 1-1-00.)
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(730 ILCS 5/3-12-16)
Sec. 3-12-16. Helping Paws Service Dog Program.
(a) In this Section:
"Person with a disability" means a person who suffers from a physical or mental
impairment that substantially
limits one or more major life activities.
"Program" means the Helping Paws Service Dog Program created by this
Section.
"Service dog" means a dog trained in obedience and task skills to meet
the
needs of a person with a disability.
"Animal care professional" means a person certified to work in animal
care
related services, such as
grooming, kenneling, and any other related fields.
"Service dog professional" means a person certified to train service
dogs
by an agency, organization, or
school approved by the Department.
"Veteran" means an Illinois
resident who is a veteran as defined in subsection (h) of
Section 1491 of Title 10 of the United States Code. (b) The Department may establish the Helping Paws Service Dog Program to
train
committed persons to be
service dog trainers and animal care professionals. The Department shall select
committed persons in
various correctional institutions and facilities to participate in the Program.
(c) Priority for participation in the Program must be given to committed
persons who either have a high school
diploma or have passed high school equivalency testing.
(d) The Department may contract with service dog professionals to train
committed persons to be certified
service dog trainers. Service dog professionals shall train committed persons
in
dog obedience training,
service dog training, and animal health care. Upon successful completion of the
training, a committed
person shall receive certification by an agency, organization, or school
approved by the Department.
(e) The Department may designate a non-profit organization to select
animals
from humane societies and
shelters for the purpose of being trained as service dogs and for participation
in any program designed to
train animal care professionals.
(f) After a dog is trained by the committed person as a service dog, a
review
committee consisting of an equal
number of persons from the Department and the non-profit organization shall
select a person with a disability or a veteran with post-traumatic stress disorder (PTSD) or depression to
receive the service dog free of charge.
(g) Employees of the Department shall periodically visit persons with disabilities
who
have received service dogs from
the Department under this Section to determine whether the needs of the
persons with disabilities or veterans with post-traumatic stress disorder (PTSD) or depression have been met
by the service dogs trained by committed persons.
(h) Employees of the Department shall periodically visit committed persons
who
have been certified as service
dog trainers or animal care professionals and who have been paroled or placed
on mandatory supervised
release to determine whether the committed persons are using their skills as
certified service dog trainers or
animal care professionals.
(Source: P.A. 99-143, eff. 7-27-15; 100-384, eff. 1-1-18.)
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(730 ILCS 5/Ch. III Art. 12.5 heading) ARTICLE 12.5. PRISONER ENTREPRENEUR EDUCATION PROGRAM
(Repealed)(Source: P.A. 100-283, eff. 8-24-17. Repealed internally, eff. 8-27-22.) |
(730 ILCS 5/Ch. III Art. 13 heading) ARTICLE 13.
WORK AND DAY RELEASE
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(730 ILCS 5/3-13-1) (from Ch. 38, par. 1003-13-1)
Sec. 3-13-1.
Establishment.
The Department shall establish and maintain
work and day release programs and facilities for persons committed to the
Department. The Department may establish work and day release programs for
nonviolent pregnant female offenders and nonviolent female offenders and
their children under the age of 6.
(Source: P.A. 86-1380.)
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(730 ILCS 5/3-13-2) (from Ch. 38, par. 1003-13-2)
Sec. 3-13-2.
Purposes.
The Department may allow a committed person to leave an institution or
facility during reasonable hours where such release would assist the
individual's rehabilitation and would not cause undue risk to the public
for any of the following purposes:
(1) work; or
(2) conduct a business or other self-employed occupation including
housekeeping or attending to family needs; or
(3) attend an educational institution, including vocational education;
or
(4) obtain medical or psychological treatment, including treatment for
drug addiction or alcoholism; or
(5) other purposes directly related to programs of the Department.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-13-3) (from Ch. 38, par. 1003-13-3)
Sec. 3-13-3.
Record of Release Status.
The fact and circumstances of release status shall be entered in the
master record file of each person placed on work or day release.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4) Sec. 3-13-4. Rules and sanctions.) (a) The Department shall establish rules governing release status and shall provide written copies of such rules to both the committed person on work or day release and to the employer or other person responsible for the individual. Such employer or other responsible person shall agree to abide by such rules, notify the Department of any violation thereof by the individual on release status, and notify the Department of the discharge of the person from work or other programs. (b) If a committed person violates any rule, the Department may impose sanctions appropriate to the violation. The Department shall provide sanctions for unauthorized absences which shall include prosecution for escape under Section 3-6-4. (c) An order certified by the Director, Assistant Director, or the Supervisor of the Apprehension Unit, or a person duly designated by him or her, with the seal of the Department of Corrections attached and directed to all sheriffs, coroners, police officers, or to any particular persons named in the order shall be sufficient warrant for the officer or person named therein to arrest and deliver the violator to the proper correctional official. Such order shall be executed the same as criminal processes. In the event that a work-releasee is arrested for another crime, the sheriff or police officer shall hold the releasee in custody until he notifies the nearest Office of Field Services or any of the above-named persons designated in this Section to certify the particular process or warrant. (d) Not less than 3 days prior to any person being placed in a work release facility, the Department of Corrections shall provide to the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but not be limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the Department of Corrections, and like information. The Department of Corrections shall, in addition, give written notice not less than 3 days prior to the placement to the State's Attorney of the county from which the offender was originally sentenced. The notification requirements of this subsection (d) may be electronic notification for individuals required to be housed outside the penitentiary system pursuant to subsection (a) of Section 5-8-6. (e) For those individuals required to be housed outside the penitentiary system as outlined in subsection (a) of Section 5-8-6, the Department as soon as reasonably practicable shall provide the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but is not limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the custody of the Department of Corrections, and similar information. The Department of Corrections shall, in addition, give electronic notice as soon as reasonably practicable to the State's Attorney of the county from which the individual was originally sentenced. (Source: P.A. 103-358, eff. 1-1-24.) |
(730 ILCS 5/3-13-5) (from Ch. 38, par. 1003-13-5)
Sec. 3-13-5.
Wages and Working Conditions.
A person on work release shall not be required to work for less than the
prevailing wage or under worse than prevailing working conditions in the
area.
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-13-6) (from Ch. 38, par. 1003-13-6)
Sec. 3-13-6.
Expenses; Disposition of Wages.
(a) The Department shall establish reasonable fees for the costs of
maintenance, transportation, and incidental expenses for those released for
employment purposes. Advances of moneys as required by persons prior to
receiving their first paycheck may be made by the Department under rules
and regulations established by it.
(b) Compensation paid on account of any person's employment shall be
credited to the individual's account in a bank or other financial
institution determined by the Department.
(c) Any earnings after deduction of costs by the Department shall be
sent to any legal dependents of the individual, if he shall direct, or to
the appropriate agency if such dependents are receiving public assistance
or are residents of a State hospital, State school, or foster care facility
provided by the State. The surplus shall be deposited in his account for
distribution at his direction according to rules and regulations of the
Department.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. III Art. 14 heading) ARTICLE 14.
PAROLE AND AFTER-CARE
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(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release, final
discharge, or pardon, the Department shall return all property held for
him, provide him with suitable clothing and procure necessary
transportation for him to his designated place of residence and
employment. It may provide such person with a grant of money for travel and
expenses which may be paid in installments. The amount of the money grant
shall be determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, provide him or her with any documents necessary after discharge. (a-2) The Department of Corrections may establish and maintain, in any institution
it administers, revolving funds to be known as "Travel and Allowances Revolving
Funds". These revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners. The moneys
paid into such revolving funds shall be from appropriations to the Department
for Committed, Paroled, and Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on parole, mandatory release, final discharge, or pardon, the Department shall provide the person with a form that informs him or her that his or her voting rights have been restored and a voter registration application. The Department shall have available voter registration applications in the languages provided by the Illinois State Board of Elections. The form that informs the person that his or her rights have been restored shall include the following information: (1) All voting rights are restored upon release from | ||
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(2) A person who is eligible to vote must register in | ||
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The Department of Corrections shall confirm that the person received the voter registration application and has been informed that his or her voting rights have been restored. (a-4) Prior to release of a person on parole, mandatory supervised release, final discharge, or pardon, the Department shall screen every person for Medicaid eligibility. Officials of the correctional institution or facility where the committed person is assigned shall assist an eligible person to complete a Medicaid application to ensure that the person begins receiving benefits as soon as possible after his or her release. The application must include the eligible person's address associated with his or her residence upon release from the facility. If the residence is temporary, the eligible person must notify the Department of Human Services of his or her change in address upon transition to permanent housing. (b) (Blank).
(c) Except as otherwise provided in this Code, the Department shall
establish procedures to provide written notification of any release of any
person who has been convicted of a felony to the State's Attorney
and sheriff of the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the offender is to be
paroled or released. Except as otherwise provided in this Code, the
Department shall establish procedures to provide written notification to
the proper law enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the offender or the
commission of the offense took place in the municipality, if the offender is to
be paroled or released into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a person
convicted of a felony who is in the custody of the Department of Corrections or
on parole or mandatory supervised release informs the Department that he or she
has resided, resides, or will
reside at an address that is a housing facility owned, managed,
operated, or leased by a public housing agency, the Department must send
written notification of that information to the public housing agency that
owns, manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days before release of
the person from custody, or as soon thereafter as possible. The written notification shall be provided electronically if the State's Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address.
(c-1) (Blank). (c-2) The Department shall establish procedures to provide notice to the Illinois State Police of the release or discharge of persons convicted of violations of the Methamphetamine Control and Community
Protection Act or a violation of the Methamphetamine Precursor Control Act. The Illinois State Police shall make this information available to local, State, or federal law enforcement agencies upon request. (c-5) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide copies of the following information to the appropriate licensing or regulating Department and the licensed or regulated facility where the person becomes a resident: (1) The mittimus and any pre-sentence investigation | ||
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(2) The social evaluation prepared pursuant to | ||
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(3) Any pre-release evaluation conducted pursuant to | ||
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(4) Reports of disciplinary infractions and | ||
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(5) Any parole plan, including orders issued by the | ||
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(6) The name and contact information for the assigned | ||
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This information shall be provided within 3 days of the person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide written notification of such residence to the following: (1) The Prisoner Review Board. (2) The chief of police and sheriff in the | ||
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The notification shall be provided within 3 days of the person becoming a resident of the facility.
(d) Upon the release of a committed person on parole, mandatory
supervised release, final discharge, or pardon, the Department shall provide
such person with information concerning programs and services of the
Illinois Department of Public Health to ascertain whether such person has
been exposed to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole, mandatory supervised
release, final discharge, pardon, or who has been wrongfully imprisoned, the Department shall verify the released person's full name, date of birth, and social security number. If verification is made by the Department by obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the released person. If verification by the Department is done by means other than obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State, and shall provide that verification form to the released person.
(f) Forty-five days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) who is otherwise uninsured an opportunity to | ||
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(2) information about obtaining a standard Illinois | ||
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(3) information about voter registration and may | ||
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(4) information about job listings upon discharge | ||
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(5) information about available housing upon | ||
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(6) a directory of elected State officials and of | ||
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(7) any other information that the Department of | ||
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(g) Sixty days before the scheduled discharge of a person committed to the custody of the Department or upon receipt of the person's certified birth certificate and social security card as set forth in subsection (d) of Section 3-8-1 of this Act, whichever occurs later, the Department shall transmit an application for an Identification Card to the Secretary of State, in accordance with subsection (a-20) of Section 4 of the Illinois Identification Card Act. The Department may adopt rules to implement this Section. (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. 1-1-24.)
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(730 ILCS 5/3-14-1.5)
Sec. 3-14-1.5. Parole agents and parole supervisors; off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of the Criminal Code of 2012 do not apply to parole agents and parole supervisors who meet the following conditions: (1) The parole agent or parole supervisor must receive training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board and be certified as having successfully completing such training by the Board. The Board shall determine the amount of such training and the course content for such training. The parole agent or parole supervisor shall requalify for the firearms training annually at a State range certified by the Illinois Law Enforcement Training Standards Board. The expenses of such retraining shall be paid by the parole agent or parole supervisor and moneys for such requalification shall be expended at the request of the Illinois Law Enforcement Training Standards Board. (2) The parole agent or parole supervisor shall purchase such firearm at his or her own expense and shall register the firearm with the Illinois State Police and with any other local law enforcement agencies that require such registration. (3) The parole agent or parole supervisor may not carry any Illinois Department of Corrections State issued firearm while off-duty. A person who violates this paragraph (3) is subject to disciplinary action by the Illinois Department of Corrections. (4) Parole agents and supervisors who are discharged from employment of the Illinois Department of Corrections shall no longer be considered law enforcement officials and all their rights as law enforcement officials shall be revoked permanently.
(Source: P.A. 102-538, eff. 8-20-21.) |
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons placed on
parole or mandatory supervised release or released pursuant to Section
3-3-10 of this Code and shall supervise such persons during
their parole or release period in accord with the conditions set by the
Prisoner Review Board. When setting conditions, the Prisoner Review Board shall make an individualized assessment as to what conditions are appropriate based on the risk and needs assessment, program participation and completion, assignment history while incarcerated, and behavior history during the period of the incarceration and involve only such deprivations of liberty or property as are reasonably necessary to protect the public from the person's conduct in the underlying conviction or violation. In determining conditions, the Prisoner Review Board shall also consider the reasonableness of imposing additional conditions on the person and the extent to which the conditions impact the person's work, education, community service, financial, and family caregiving obligations. Such conditions shall include referral to an
alcohol or drug abuse treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse problem.
Such conditions may include that the person use an approved electronic
monitoring device subject to Article 8A of Chapter V.
(b) The Department shall assign personnel to assist persons eligible
for parole in preparing a parole plan. Such Department personnel shall
make a report of their efforts and findings to the Prisoner Review
Board prior to its consideration of the case of such eligible person.
(c) A copy of the conditions of his parole or release shall be
signed by the parolee or releasee and given to him and to his
supervising officer who shall report on his progress under the rules and
regulations of the Prisoner Review Board. The supervising officer
shall report violations to the Prisoner Review Board and shall have
the full power of peace officers in the arrest and retaking of any
parolees or releasees or the officer may request the Department to issue
a warrant for the arrest of any parolee or releasee who has allegedly
violated his parole or release conditions. (c-1) The supervising officer shall request the Department to issue a parole violation warrant, and the Department shall issue a parole violation warrant, under the following circumstances: (1) if the parolee or releasee commits an act that | ||
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(2) if applicable, fails to comply with the | ||
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(3) if the parolee or releasee is charged with: (A) a felony offense of domestic battery under | ||
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(B) aggravated domestic battery under Section | ||
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(C) stalking under Section 12-7.3 of the Criminal | ||
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(D) aggravated stalking under Section 12-7.4 of | ||
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(E) violation of an order of protection under | ||
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(F) any offense that would require registration | ||
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(4) if the parolee or releasee is on parole or | ||
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A
sheriff or other peace officer may detain an alleged parole or release
violator until a warrant for his return to the Department can be issued.
The parolee or releasee may be delivered to any secure place until he can
be transported to the Department. The officer or the Department shall file a violation report with notice of charges with the Prisoner Review Board.
(d) The supervising officer shall regularly advise and consult with
the parolee or releasee, assist him in adjusting to community life,
inform him of the restoration of his rights on successful completion of
sentence under Section 5-5-5, and provide the parolee or releasee with an electronic copy of the Department of Corrections system of graduated responses as set forth under subparagraph (D) of paragraph (1) of subsection (b) of Section 10 of the Illinois Crime Reduction Act of 2009 and any sanctions matrix based on that system. If the parolee or releasee has been convicted of a sex offense as defined in the Sex Offender
Management Board Act, the supervising officer shall periodically, but not less than once a month, verify that the parolee or releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
(d-1) At least once every 6 months, the supervising officer of a parolee or releasee shall review the case of the parolee or releasee to assess the parolee's or releasee's progress and suitability for early discharge under subsection (b) of Section 3-3-8 and provide a recommendation for either early discharge or the continuation of parole or mandatory supervised release as previously ordered. The recommendation and the rationale for the recommendation shall be noted in the Department's case management system. Within 30 days of receiving the supervising officer's recommendation, the Department shall provide a copy of the final recommendation, in writing or electronically, to the Prisoner Review Board and to the parolee or releasee. If an early discharge recommendation was not provided, the supervising officer shall share the list of steps or requirements that the person must complete or meet to be granted an early discharge recommendation at a subsequent review under agency guidelines. The Department shall develop guidelines and policies to support the regular review of parolees and releasees for early discharge consideration and the timely notification of the Prisoner Review Board when early discharge is recommended. (d-2) Supervising officers shall schedule meetings, which are required under paragraph (3) of subsection (a) of Section 3-3-7 as a condition of parole or mandatory supervised release, at such times and locations that take into consideration the medical needs, caregiving obligations, and work schedule of a parolee or releasee. (d-3) To comply with the provisions of subsection (d-2), in lieu of requiring the parolee or releasee to appear in person for the required reporting or meetings, supervising officers may utilize technology, including cellular and other electronic communication devices or platforms, that allows for communication between the supervised individual and the supervising officer. (e) Supervising officers shall receive specialized training in the
special needs of female releasees or parolees including the family
reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records shall be
entered in the master file of the individual.
(Source: P.A. 103-271, eff. 1-1-24.)
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(730 ILCS 5/3-14-2.5)
Sec. 3-14-2.5. Extended supervision of sex offenders. (a) The Department shall retain custody of all sex offenders placed on mandatory supervised release pursuant to clause (d)(4) of Section 5-8-1 of this Code and shall supervise such persons during their term of supervised release in accord with the conditions set by the Prisoner Review Board pursuant to Section 3-3-7 of this Code.
(b) A copy of the conditions of mandatory supervised release shall be signed by the offender and given to him or her and to his or her supervising officer. Commencing 180 days after the offender's release date and continuing every 180 days thereafter for the duration of the supervision term, the supervising officer shall prepare a progress report detailing the offender's adjustment and compliance with the conditions of mandatory supervised release including the offender's participation and progress in sex offender treatment. The progress report shall be submitted to the Prisoner Review Board and copies provided to the chief of police and sheriff in the municipality and county in which the offender resides and is registered. (c) Supervising officers shall receive specialized training in the supervision of sex offenders including the impact of sexual assault on its victims. (d) Releasees serving extended mandatory supervised release terms pursuant to subsection (d) of Section 5-8-1 of this Code may request discharge from supervision as provided by subsection (b) of Section 3-3-8 of this Code. Requests for discharge from extended mandatory supervised release shall be supported by a recommendation by the releasee's supervising agent and an evaluation of the releasee completed no longer than 30 days prior to the request for discharge from supervision. The evaluation shall be conducted by a Sex Offender Management Board approved sex offender evaluator and shall be at the releasee's expense. (e) The term of extended mandatory supervised release pursuant to paragraph (4) of subsection (d) of Section 5-8-1 of this Code shall toll during any period of incarceration.
(Source: P.A. 94-165, eff. 7-11-05.) |
(730 ILCS 5/3-14-3) (from Ch. 38, par. 1003-14-3)
Sec. 3-14-3. Parole services. To assist parolees or releasees, the
Department shall provide employment counseling and job placement services,
and may in addition to other services provide the following:
(1) assistance in residential placement;
(2) family and individual counseling and treatment | ||
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(3) financial counseling;
(4) vocational and educational counseling and | ||
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(5) referral services to any other State or local | ||
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(Source: P.A. 102-478, eff. 8-20-21.)
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(730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
Sec. 3-14-4.
Half-way Houses.
(a) The Department may establish and
maintain half-way houses for the residence of persons on parole or
mandatory release. Such half-way houses shall be maintained apart from
security institutions, except that the Director of Corrections is authorized
to designate that any work or day release facility, or any portion thereof,
may be used as a half-way house for the residence of persons on parole or
mandatory supervised release.
(b) For those persons to be placed in a half-way house directly upon release
from an institution on parole or mandatory supervised release status,
not less than 15 days prior to the placement of such a person in such a
half-way house, the Department of Corrections shall give written notice
to the State's Attorney and the Sheriff of the county and the proper law
enforcement agency of the municipality in which the
half-way house is located of the identity of the person to be placed in
that program. Such identifying information shall include,
but not be limited to, the name of the individual, age, physical description,
photograph, the crime for which the person was originally sentenced to
the Department of Corrections, and like information. The notice
shall be given in all cases, except when placement of an emergency nature
is necessary. In such emergency cases, oral notice
shall be given to the appropriate parties within 24 hours with written notice
to follow within 5 days.
(c) Persons on parole or mandatory supervised release status who have
been previously released to the community, but who are not currently
residing in a half-way house, may be placed in a half-way house upon the
oral notification of the parties within 24 hours as indicated in subsection
(b) of this Section. Such oral notification shall be followed with
written notification within 5 days.
(Source: P.A. 91-695, eff. 4-13-00.)
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(730 ILCS 5/3-14-4.5) Sec. 3-14-4.5. Private half-way houses. (a) As used in this Section, "half-way house" means a facility primarily designed for the residence of persons on parole or mandatory supervised release from the Department of Corrections, other than one operated by the Department of Corrections.
(b) Any person or entity who intends to establish a half-way house on or after the effective date of this amendatory Act of the 94th General Assembly shall comply with all applicable local ordinances and permitting requirements. (c) Not more than 48 hours after the placement of a person in such a half-way house, the half-way house shall give written notice to the State's Attorney and the sheriff of the county and the proper law enforcement agency of the municipality in which the half-way house is located of the identity of the person placed in that program. The identifying information shall include, but not be limited to, the name of the individual, age, physical description, photograph, and the crime for which the person was originally sentenced to the Department of Corrections. The notice shall be given in all cases, and may be provided via facsimile at such telephone number as the receiving State's Attorney, sheriff, or law enforcement agency may direct. (d) Failure to comply with the notification requirements of subsection (c) is a petty offense for which a $1,000 fine shall be imposed for each offense.
(Source: P.A. 94-946, eff. 1-1-07.) |
(730 ILCS 5/3-14-5) (from Ch. 38, par. 1003-14-5)
Sec. 3-14-5.
Mental Health treatment; stalking and aggravated stalking.
For defendants found guilty of stalking or aggravated stalking and
sentenced to the custody of the Department of Corrections, the court may
order the Prisoner Review Board to consider requiring the defendant to
undergo mental health treatment by a mental health professional or at a
community mental health center, hospital, or facility of the Department of
Human Services as a
condition of parole or mandatory supervised release.
(Source: P.A. 89-507, eff. 7-1-97.)
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(730 ILCS 5/3-14-6)
Sec. 3-14-6. Transitional jobs; pilot program. Subject to appropriations
or other funding, the Department may
establish
a
pilot program at various locations in the State to place persons discharged from a
Department
facility on parole or mandatory supervised release in jobs or otherwise
establish a
connection between such persons and the workforce. One such location must be at Waukegan, in Lake County. By rule, the Department
shall
determine the locations in which the pilot program is to be implemented
and the services to be provided.
In determining locations for the pilot program, however, the Department shall
give priority to areas of the State in which the concentration of released
offenders is the highest.
The
Department may consult with the Department of Human Services in establishing
the pilot
program.
(Source: P.A. 93-208, eff. 7-18-03; 94-839, eff. 6-6-06.)
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(730 ILCS 5/3-14-7)
Sec. 3-14-7. Supervision of domestic violence offenders. A person convicted of a felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, or a felony violation of an order of protection shall be supervised during his or her term of parole or mandatory supervised release by a supervising officer who has completed not less than 40 hours of domestic violence and partner abuse intervention training.
(Source: P.A. 96-282, eff. 1-1-10.) |
(730 ILCS 5/Ch. III Art. 15 heading) ARTICLE 15.
FIELD SERVICES
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(730 ILCS 5/3-15-1) (from Ch. 38, par. 1003-15-1)
Sec. 3-15-1.
Purpose.) The Department shall establish and provide
post release treatment programs for juvenile offenders committed to the
Department and released by the Prisoner Review Board.
(Source: P.A. 80-1099.)
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(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and Detention
and Shelter Care Facilities. (a) The Department of Corrections shall establish for the operation of county and
municipal jails and houses of correction, minimum standards for the physical
condition of such institutions and for the treatment of inmates with
respect to their health and safety and the security of the community.
The Department of Juvenile Justice shall establish for the operation of county juvenile detention
and shelter care facilities established pursuant to the County Shelter
Care and Detention Home Act, minimum standards for the physical
condition of such institutions and for the treatment of juveniles with
respect to their health and safety and the security of the community.
Such standards shall not apply to county shelter care facilities which
were in operation prior to January 1, 1980. Such standards shall not seek
to mandate minimum floor space requirements for each inmate housed in cells
and detention rooms in county and
municipal jails and houses of correction.
However, no more than two inmates may be housed in a single cell or detention
room.
When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results of
the test
shall be personally delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must appear for the
judge's inspection in camera if requested by the judge. Acting in accordance
with the best interests of those in the courtroom, the judge shall have the
discretion to determine what if any precautions need to be taken to prevent
transmission of the disease in the courtroom.
(b) At least once each year, the Department of Corrections may inspect each
adult
facility for compliance with the standards established and the results
of such inspection shall be made available by the Department for public
inspection. At least once each year, the Department of Juvenile Justice shall inspect each
county juvenile detention and shelter care facility for compliance with the
standards established, and the Department of Juvenile Justice shall make the results of such
inspections available for public inspection.
If any detention, shelter care or correctional facility does
not comply with the standards established, the Director of Corrections
or the Director of Juvenile Justice, as the case may be, shall give notice to the county board and the sheriff or the corporate
authorities of the municipality, as the case may be, of such
noncompliance, specifying the particular standards that have not been
met by such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of such notice,
the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for an
order requiring such facility to comply with the standards established
by the Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation services for the
design, construction, programs and administration of correctional facilities and services for adults
operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and administer
programs of grants-in-aid for correctional services in cooperation with
local agencies. The Department may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(c-5) The Department of Juvenile Justice may provide consultation services for the
design, construction, programs, and administration of detention and shelter care services for children operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department of Juvenile Justice shall be admitted to these facilities as
required for such purposes. The Department of Juvenile Justice may develop and administer
programs of grants-in-aid for juvenile correctional services in cooperation with
local agencies. The Department of Juvenile Justice may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(d) The Department is authorized to issue reimbursement grants for
counties, municipalities or public building commissions for the purpose of
meeting minimum correctional facilities standards set by the Department
under this Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities shall | ||
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(2) Grants for correctional facilities by a single | ||
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(3) As used in this subsection (d), "project" means | ||
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Construction or renovation grants are authorized to be issued by the
Capital Development Board from capital development bond funds after
application by a county or counties, municipality or municipalities or
public building commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated after
January 1, 1987.
(e) The Department of Corrections shall adopt standards for county jails to hold
juveniles on a temporary basis, as provided in Section 5-410 of the
Juvenile Court Act of 1987. These standards shall include monitoring,
educational, recreational, and disciplinary standards as well
as access to medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and visitation rights. The
Department of Corrections shall also notify any county applying to hold juveniles in a county
jail of the standards for juvenile detention
under Section 5-410 of the Juvenile Court Act of
1987.
(Source: P.A. 98-685, eff. 1-1-15.)
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(730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)
Sec. 3-15-3. Persons with mental illness and developmental
disabilities. (a) The Department of Corrections must, by rule, adopt
standards
and procedures
for the provision of mental health and developmental disability services to
persons with mental illness and persons with a developmental disability
confined in a county jail as set forth under
Section 3-7-7 of this Code.
The Department of Juvenile Justice must, by rule, adopt standards and procedures for the provision of mental health and developmental disability services to persons with mental illness and persons with a developmental disability confined in a juvenile detention facility as set forth under Section 3-7-7 of this Code. Those standards and procedures must address screening and classification,
the use of
psychotropic medications, suicide prevention, qualifications of staff, staffing
levels, staff training, discharge, linkage and aftercare, the confidentiality
of mental health records, and such other issues as are necessary to ensure that
inmates with mental illness receive adequate and humane care and services.
(b) At least once each year, the Department of Corrections must inspect each county jail
for compliance with the standards and
procedures established. At least once each year, the Department of Juvenile Justice must inspect each juvenile detention facility for compliance with the standards and procedures established.
The results of the inspection must be made available by the Department of Corrections or the Department of Juvenile Justice, as the case may be, for
public inspection. If any county jail or juvenile detention facility does not comply
with the standards and procedures
established, the Director of Corrections or the Director of Juvenile Justice, as the case may be, must give notice to the county board
and the sheriff of such noncompliance, specifying the particular standards and
procedures that
have not been met by the county jail or juvenile detention facility. If the county jail or
juvenile detention facility is not in
compliance with the standards and procedures when 6 months have elapsed from
the giving of
such notice, the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for
an order
requiring the jail or juvenile detention facility to comply with the standards
and procedures established by the
Department of Corrections or the Department of Juvenile Justice, as the case may be, or for other appropriate relief.
(Source: P.A. 98-685, eff. 1-1-15.)
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(730 ILCS 5/3-15-4)
Sec. 3-15-4.
Task force on mental health services in municipal jails and
lockups.
(a) The Department of Corrections shall convene a special task force to
develop and propose model standards for the delivery of mental health services
and the prevention of suicides in municipal jails and lockups. The task force
shall be
composed of no more than 22 members appointed by the Director of Corrections
as follows:
(1) Not more than 8 members representing | ||
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(2) Not more than 8 members representing community | ||
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(3) Three members of the general public, at least one | ||
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(4) Not more than 3 representatives of the following | ||
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The Director of Corrections shall in appointing the task force attempt to
ensure that the membership on the task force represents the geographic
diversity of the State.
(b) The members of the task force shall serve without compensation and may
not receive reimbursement for any expenses incurred in performing their duties
as members of the task force.
(c) The task force may, without limitation, (i) determine what services
and screening should be provided in municipal pre-trial detention facilities
and what
training and resources are necessary to provide those services and (ii)
recommend changes in the Department's standards for municipal jails and
lockups.
(d) Before the Department acts upon any recommendation of the task force,
the Department must hold a public hearing to provide individuals with mental
illnesses and their family members, mental health advocacy organizations, and
the public to review, comment upon, and suggest any changes to the proposed
standards for municipal jails and lockups.
(e) The task force must submit its recommendations as to any changes in the
standards for municipal jails and lockups to the General Assembly by January
15, 2002.
(Source: P.A. 92-469, eff. 8-22-01.)
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(730 ILCS 5/Ch. III Art. 16 heading) ARTICLE 16.
PILOT PROGRAM FOR SELECTED
PAROLED JUVENILE OFFENDERS
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(730 ILCS 5/3-16-5)
Sec. 3-16-5. Multi-year pilot program for selected paroled youth
released from institutions of the Department of Juvenile Justice.
(a) The Department of Juvenile Justice may establish in Cook County, DuPage
County, Lake County, Will County,
and Kane County a 6 year pilot program for selected youthful offenders
released to parole by the Department of Juvenile Justice.
(b) A person who is being released to parole from the Department of Juvenile Justice
under subsection (e) of Section 3-3-3 whom the
Department of Juvenile Justice deems a serious or at risk delinquent youth who is likely to
have
difficulty re-adjusting to the community, who has had either significant
clinical problems or a history of criminal activity related to sex offenses,
drugs, weapons, or gangs, and who is returning to
Cook County, Will County, Lake County, DuPage County, or Kane County may be
screened for eligibility to participate in the pilot
program.
(c) If the Department of Juvenile Justice establishes a pilot program under this
Section,
the Department of Juvenile Justice shall provide
supervision and structured services to persons selected to participate in the
program to: (i)
ensure that they receive high levels of supervision and case managed,
structured services; (ii) prepare them for re-integration into the community;
(iii) effectively monitor their compliance with parole requirements and
programming;
and (iv) minimize the likelihood that they will commit additional offenses.
(d) Based upon the needs of a participant, the Department of Juvenile Justice may provide any or
all of the following to a participant:
(1) Risk and needs assessment;
(2) Comprehensive case management;
(3) Placement in licensed secured community | ||
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(4) Transition to residential programming;
(5) Targeted intensive outpatient treatment services;
(6) Structured day and evening reporting programs and | ||
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(7) Family counseling;
(8) Transitional programs to independent living;
(9) Alternative placements;
(10) Substance abuse treatment.
(e) A needs assessment case plan and parole supervision profile may be
completed by the Department of Juvenile Justice before the selected eligible
person's release from institutional custody to parole supervision.
The needs assessment case plan and parole supervision profile shall include
identification of placement
requirements, intensity of parole supervision, and assessments of
educational, psychological, vocational, medical, and substance abuse treatment
needs. Following the completion by the Department of Juvenile Justice of the
parole supervision profile and needs assessment case plan, a comprehensive
parole case management plan
shall be developed for each committed youth eligible and selected for admission
to the pilot program. The comprehensive parole case management plan shall be
submitted for approval by the
Department of Juvenile Justice and for presentation to the Prisoner Review Board.
(f) The Department of Juvenile Justice may identify in a comprehensive parole case management
plan any special conditions for
parole supervision and establish sanctions for a participant who
fails to comply with the program requirements or who violates parole rules.
These sanctions may include the return of a participant to a secure community
placement or recommendations for parole revocation to the Prisoner
Review Board. Paroled youth may be held for investigation in secure community
facilities or on warrant
pending revocation in local detention or jail facilities based on age.
(g) The Department of Juvenile Justice may select and contract with a community-based network
and work in partnership with private providers to provide the services
specified in
subsection (d).
(h) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall,
in the 3 years following the effective date of this amendatory Act of
1997, first implement the pilot program in Cook County
and then implement the pilot program in DuPage County, Lake County, Will
County, and Kane County in accordance with a schedule to be developed by the
Department of Juvenile Justice.
(i) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall establish a 3 year follow-up evaluation and outcome
assessment for all participants in the pilot program.
(j) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall publish an outcome study covering a 3 year
follow-up period for participants in the pilot program.
(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/Ch. III Art. 17 heading) ARTICLE 17. TRANSITIONAL HOUSING FOR SEX OFFENDERS
(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-17-1)
Sec. 3-17-1. Transitional housing for sex offenders. This Article may be cited as the Transitional Housing For Sex Offenders Law.
(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-17-5)
Sec. 3-17-5. Transitional housing; licensing. (a) The Department of Corrections shall license transitional housing facilities for persons convicted of or placed on supervision for sex offenses as defined in the Sex Offender Management Board Act. (b) A transitional housing facility must meet the following criteria to be licensed by the Department: (1) The facility shall provide housing to a sex | ||
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(2) The Department of Corrections must approve a | ||
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(3) The transitional housing facility must provide | ||
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(4) The facility must notify the police department, | ||
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(5) Upon its initial licensure as a transitional | ||
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(6) Upon its initial licensure as a transitional | ||
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(7) Each licensed transitional housing facility shall | ||
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(c) The Department of Corrections shall establish rules consistent with this Section establishing licensing procedures and criteria for transitional housing facilities for sex offenders, and may create criteria for, and issue licenses for, different levels of facilities to be licensed. The Department is authorized to set and charge a licensing fee for each application for a transitional housing license. The rules shall be adopted within 60 days after the effective date of this amendatory Act of the 94th General Assembly. Facilities which on the effective date of this amendatory Act of the 94th General Assembly are currently housing and providing sex offender treatment to sex offenders may continue housing more than one sex offender on parole, mandatory supervised release, probation, or supervision for a period of 120 days after the adoption of licensure rules during which time the facility shall apply for a transitional housing license.
(d) The Department of Corrections shall maintain a file on each sex offender housed in a transitional housing facility. The file shall contain efforts of the Department in placing a sex offender in non-transitional housing, efforts of the Department to place the sex offender in a county from which he or she was convicted, the anticipated length of stay of each sex offender in the transitional housing facility, the number of sex offenders residing in the transitional housing facility, and the services to be provided the sex offender while he or she resides in the transitional housing facility.
(e) The Department of Corrections shall, on or before December 31 of each year, file a report with the General Assembly on the number of transitional housing facilities for sex offenders licensed by the Department, the addresses of each licensed facility, how many sex offenders are housed in each facility, and the particular sex offense that each resident of the transitional housing facility committed.
(Source: P.A. 102-538, eff. 8-20-21.) |
(730 ILCS 5/Ch. III Art. 18 heading) ARTICLE 18. PROGRAM OF REENTRY INTO COMMUNITY(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-18-5) Sec. 3-18-5. Definitions. As used in this Article: "Board" means the Prisoner Review Board. "Department" means the Department of Corrections. "Director" means the Director of Corrections. "Offender" means a person who has been convicted of a felony under the laws of this State and sentenced to a term of imprisonment. "Program" means a program established by a county or municipality under Section 3-18-10 for reentry of persons into the community who have been committed to the Department for commission of a felony.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
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(730 ILCS 5/3-18-10) Sec. 3-18-10. Establishment of program.
(a) A county with the approval of the county board or a municipality that maintains a jail or house of corrections with the approval of the corporate authorities may establish a program for reentry of offenders into the community who have been committed to the Department for commission of a felony. Any program shall be approved by the Director prior to placement of inmates in a program. (b) If a county or municipality establishes a program under this Section, the sheriff in the case of a county or the police chief in the case of a municipality shall: (1) Determine whether offenders who are referred by | ||
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(2) Supervise offenders participating in the program | ||
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(c) A county or municipality shall be liable for the well being and actions of inmates in its custody while in a program and shall indemnify the Department for any loss incurred by the Department caused while an inmate is in a program.
(d) An offender may not be assigned to participate in a program unless the Director of Corrections, in consultation with the Prisoner Review Board, grants prior approval of the assignment under this Section.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
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(730 ILCS 5/3-18-15) Sec. 3-18-15. Referral of person to sheriff or police chief; assignment of person by the Department.
(a) Except as otherwise provided in this Section, if a program has been established in a county or municipality in which an offender was sentenced to imprisonment for a felony, the Director may refer the offender to the county sheriff or municipal police chief if: (1) The offender qualifies under the standards | ||
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(2) The offender has demonstrated a willingness to: (A) engage in employment or participate in | ||
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(B) meet any existing obligation for restitution | ||
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(3) the offender is within one year of his or her | ||
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(b) Except as otherwise provided in this Section, if the Director is notified by the sheriff or police chief under Section 3-18-10 that an offender would benefit by being assigned to the custody of the sheriff or police chief to participate in the program, the Director shall review whether the offender should be assigned to participate in a program for not longer than the remainder of his or her sentence. (c) The Director, by rule, shall adopt standards setting forth which offenders are eligible to be assigned to the custody of the sheriff or police chief to participate in the program under this Section. The standards adopted by the Director must be approved by the Prisoner Review Board and must provide that an offender is ineligible for participation in the program who: (1) has recently committed a serious infraction of | ||
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(2) has not performed the duties assigned to him or | ||
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(3) has, within the immediately preceding 5 years, | ||
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(4) has ever been convicted of a sex offense as | ||
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(5) has escaped or attempted to escape from any jail | ||
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(6) has not made an effort in good faith to | ||
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(d) The Director shall adopt rules requiring offenders who are assigned to the custody of the sheriff or police chief under this Section to reimburse the Department for the cost of their participation in a program, to the extent of their ability to pay. (e) The sheriff or police chief may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the Director in consultation with the Prisoner Review Board. (f) If an offender assigned to the custody of the sheriff or police chief under this Section violates any of the terms or conditions imposed by the Director in consultation with the Prisoner Review Board and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him or her before he or she was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits under this subsection (f) only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he or she considers proper. The Director, by rule, shall establish procedures for review of forfeiture of good behavior credit. The decision of the Director regarding such a forfeiture is final. (g) The assignment of an offender to the custody of the sheriff or police chief under this Section shall be deemed: (1) a continuation of his or her imprisonment and not | ||
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(2) for the purposes of Section 3-8-1, an assignment | ||
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(h) An offender does not have a right to be assigned to the custody of the sheriff or police chief under this Section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a program creates any right or interest in liberty or property or establishes a basis for any cause of action against this State or its political subdivisions, agencies, boards, commissions, departments, officers, or employees.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-18-20) Sec. 3-18-20. Director to contract for certain services for offenders in program. (a) The Director may enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders participating in a program: (1) transitional housing; (2) treatment pertaining to substance abuse or mental | ||
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(3) training in life skills; (4) vocational rehabilitation and job skills | ||
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(5) any other services required by offenders who are | ||
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(b) The Director shall, as necessary and appropriate, provide referrals and information regarding: (1) any of the services provided pursuant to | ||
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(2) access and availability of any appropriate | ||
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(3) social services for families and children; and (4) permanent housing. (c) The Director may apply for and accept any gift, donation, bequest, grant, or other source of money to carry out the provisions of this Section. (d) As used in this Section, training in life skills includes, without limitation, training in the areas of:
(1) parenting;
(2) improving human relationships;
(3) preventing domestic violence;
(4) maintaining emotional and physical health;
(5) preventing abuse of alcohol and drugs;
(6) preparing for and obtaining employment; and
(7) budgeting, consumerism, and personal finances.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-18-25) Sec. 3-18-25. Monitoring of participant in program. The Department shall retain the authority to monitor each person who is participating in a program under Section 3-18-15. Such authority shall include site inspections, review of program activities, and access to inmate files and records.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-18-30) Sec. 3-18-30. Reentry specialist. Irrespective of whether an institution or facility has access to a reentry program under this Article, each institution or facility shall hire a reentry specialist to assist with the reentry of offenders into the community who have been committed to the Department for commission of a felony. The Department shall provide by rule for the duties and responsibilities of reentry specialists, including, but not limited to, signing inmates up for health care under the federal Patient Protection and Affordable Care Act.
(Source: P.A. 102-760, eff. 1-1-23.) |
(730 ILCS 5/Ch. III Art. 19 heading) ARTICLE 19. METHAMPHETAMINE ABUSERS PILOT PROGRAMS(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(730 ILCS 5/3-19-5) Sec. 3-19-5. Methamphetamine abusers pilot program; Franklin County Juvenile Detention Center. (a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Juvenile Detention Center. The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services. (b) A person convicted of the unlawful possession of methamphetamine under Section 60 of the Methamphetamine Control and Community Protection Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be ordered by the court to be committed to the Program established under this Section. (c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days. A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services. The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders. (d) Persons committed to the Program who are 17 years of age or older shall be separated from minors under 17 years of age who are detained in the Juvenile Detention Center and there shall be no contact between them. (e) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination. (f) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program. The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after January 1, 2006 (the effective date of Public Act 94-549) and each year thereafter that the Program continues operation.
(Source: P.A. 100-759, eff. 1-1-19.) |
(730 ILCS 5/3-19-10) Sec. 3-19-10. Methamphetamine abusers pilot program; Franklin County Jail. (a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Jail. The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services. (b) A person convicted of the unlawful possession of methamphetamine under Section 402 of the Illinois Controlled Substances Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be ordered by the court to be committed to the Program established under this Section. (c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days. A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services. The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders. (d) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination. (e) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program. The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after the effective date of this amendatory Act of the 94th General Assembly and each year thereafter that the Program continues operation.
(Source: P.A. 100-759, eff. 1-1-19.) |
(730 ILCS 5/3-19-15) Sec. 3-19-15. Task Force on Transitional Housing for Sex Offenders. (a) There is created the Task Force on Transitional Housing Facilities for Sex Offenders. The Task Force shall be composed of the following members: (1) Two members from the Department of Corrections | ||
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(2) Two members from the Prisoner Review Board | ||
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(3) Two members of the Senate appointed by the | ||
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(4) Two members of the Senate appointed by the | ||
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(5) Two members of the House of Representatives | ||
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(6) Two members of the House of Representatives | ||
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(7) Two members of the Governor's Office appointed | ||
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(b) The Task Force shall study the implementation, cost, placement, and effectiveness of transitional housing facilities for sex offenders released from facilities of the Department of Corrections. (c) The members of the Task Force shall receive no compensation for their services as members of the Task Force but may be reimbursed for their actual expenses incurred in serving on the Task Force from appropriations made to them for such purpose.
(Source: P.A. 95-640, eff. 6-1-08.) |
(730 ILCS 5/Ch. V heading) CHAPTER V.
SENTENCING
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(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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(730 ILCS 5/Ch. V Art. 2 heading) ARTICLE 2.
DIVERSION FOR SPECIALIZED TREATMENT
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(730 ILCS 5/5-2-3) (from Ch. 38, par. 1005-2-3)
Sec. 5-2-3.
(Repealed).
(Source: Repealed by P.A. 88-350.)
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(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of insanity.
(a) After a finding or verdict of not guilty by reason of insanity
under Sections 104-25, 115-3, or 115-4 of the Code of Criminal Procedure
of 1963, the defendant shall be ordered to the Department of Human Services for
an evaluation as to
whether he is in need of mental health
services. The order
shall specify whether the evaluation shall be conducted on an inpatient or
outpatient basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting. With the court order for evaluation shall be sent a copy of the arrest report, criminal charges, arrest record, jail record, any report prepared under Section 115-6 of the Code of Criminal Procedure of 1963, and any statement prepared under Section 6 of the Rights of Crime Victims and Witnesses Act. The clerk of the circuit court shall transmit this information to the Department within 5 days. If the court orders that the evaluation be done on an inpatient basis, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. During
the period of time required to
determine the appropriate placement, the defendant shall
remain in jail. If, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall contact a designated person within the Department to inquire about when a placement will become available at the designated facility and bed availability at other facilities. If, within
20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department
fails to notify the sheriff of the identity of the facility to
which the defendant shall be transported, the sheriff shall
notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the placement evaluation and availability for admission to the facility operated by the Department by contacting a designated person within the Department. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the placement evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility.
Individualized placement evaluations by the Department of Human Services determine the most appropriate setting for forensic treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender, and proximity to family.
The Department shall provide the Court with a report of its evaluation
within 30 days of the date of this order. The Court shall hold a hearing
as provided under the Mental Health and Developmental Disabilities Code to
determine if the individual is:
(a)
in need of mental health services on an inpatient basis; (b) in
need of
mental health services on an outpatient basis; (c) a person not in
need of
mental health services. The court shall afford the victim the opportunity to make a written or oral statement as guaranteed by Article I, Section 8.1 of the Illinois Constitution and 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 statement. An oral 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. The court shall consider any statement presented along with all other appropriate factors in determining the sentence of the defendant or disposition of the juvenile. All statements shall become part of the record of the court.
If the defendant is found to be in
need
of mental health services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services.
The defendant shall be placed in a secure setting. Such
defendants placed in a secure setting shall not be permitted outside the
facility's housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the Court for
unsupervised
on-grounds privileges as provided
herein.
Any defendant placed in a secure setting pursuant to this Section,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, shall be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
If the defendant is found to be in need of mental health services,
but not on an inpatient care basis, the Court shall conditionally release
the defendant, under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress and participation
in treatment or
rehabilitation and the safety of the defendant, the victim, the victim's family members, and others. If the
Court
finds the person not in need of mental health services, then the Court
shall order the defendant discharged from custody.
(a-1) Definitions. For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an | ||
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(C) "In need of mental health services on an | ||
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(D) "Conditional Release" means: the release from | ||
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(E) "Facility director" means the chief officer of a | ||
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(b) If the Court finds the defendant in need of mental health services on an
inpatient basis, the
admission, detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and treatment plans, and
discharge of the defendant after such order shall be under the
Mental Health and Developmental Disabilities Code, except that the
initial order for admission of a defendant acquitted of a felony by
reason of insanity shall be for an indefinite period of time. Such period
of commitment shall not exceed the maximum
length of time that the defendant would have been required to serve,
less credit for good behavior as provided in Section 5-4-1 of the Unified
Code of Corrections, before becoming eligible for
release had
he been convicted of and received the maximum sentence for the most
serious crime for which he has been acquitted by reason of insanity. The
Court shall determine the maximum period of commitment by an appropriate
order. During this period of time, the defendant shall not be permitted
to be in the community in any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the Department of Human
Services, unsupervised on-grounds privileges,
discharge or conditional or temporary release, except by a plan as provided in
this Section. In no event shall a defendant's continued unauthorized
absence be a basis for discharge. Not more than 30 days after admission
and every 90 days thereafter so long as the initial order
remains in effect, the facility director shall file a treatment plan report
in writing with the court
and forward a copy of the treatment plan report to the clerk of the
court, the State's Attorney, and the defendant's attorney, if the defendant is
represented by counsel,
or to a person authorized by
the defendant under the
Mental Health and Developmental Disabilities Confidentiality Act to be sent a
copy of the report. The report shall include an opinion
as to whether the
defendant is currently in need of mental
health services on an inpatient basis or in need of mental health services
on
an outpatient basis. The report shall also summarize the basis for those
findings and provide a current summary of the following items from the
treatment plan: (1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the goals of each
type of element of service, (4) an anticipated timetable for the accomplishment
of the goals, and (5) a designation of the qualified professional responsible
for the implementation of the plan.
The report may also include unsupervised on-grounds
privileges, off-grounds privileges (with or without escort by personnel of the
Department of Human Services), home visits and
participation in work
programs, but only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure the defendant's
satisfactory progress in treatment and the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of insanity and
subsequently found to be in need of
mental health services shall be represented by counsel in all proceedings under
this Section and under the Mental Health and Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public | ||
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(2) Upon filing with the Court of a verified | ||
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(d) When the facility director determines that:
(1) the defendant is no longer in need of mental | ||
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(2) the defendant may be conditionally released | ||
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the facility director shall give written notice
to the Court, State's Attorney and defense attorney.
Such notice shall set forth in detail the basis for the recommendation of
the facility director, and specify clearly the recommendations, if any,
of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an evaluation of
the defendant's need for psychotropic medication, what provisions should be
made, if any, to ensure that the defendant will continue to receive
psychotropic medication following discharge, and what provisions should be made
to assure the safety of the defendant and others in the event the defendant is
no longer receiving psychotropic medication.
Within 30 days of
the notification by the facility director, the Court shall set a hearing and
make a finding as to whether the defendant is:
(i) (blank); or
(ii) in need of mental health services in the form of | ||
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(iii) in need of mental health services but not | ||
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(iv) no longer in need of mental health services; or
(v) (blank).
A crime victim shall be allowed to present an oral and written statement. 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 statement. An oral statement includes the victim or a representative of the victim reading the written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements shall become part of the record of the court. Upon finding by the Court, the Court shall enter its findings and such
appropriate order as provided in subsections (a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any person on
his behalf, may file a petition for treatment plan review
or discharge or conditional release under the
standards of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or conditional release, the Court shall set a hearing to
be held within 120 days. Thereafter, no new petition
may be filed for 180 days
without leave of the Court.
(f) The Court shall direct that notice of the time and place of the
hearing be served upon the defendant, the facility director, the State's
Attorney, and the defendant's attorney. If requested by either the State or the
defense or if the Court feels it is appropriate, an impartial examination
of the defendant by a psychiatrist or clinical psychologist as defined in
Section 1-103 of the Mental Health and Developmental Disabilities Code who
is not in the employ of the Department of Human Services shall be ordered, and
the report considered at
the time of the hearing.
(g) The findings of the Court shall be established by clear and
convincing evidence. The burden of proof and the burden of going forth
with the evidence rest with the defendant or any person on the defendant's
behalf when a hearing is held to review
a petition filed by or on
behalf of the defendant. The evidence shall be presented in open
Court
with the right of confrontation and cross-examination.
Such evidence may include, but is not limited to:
(1) whether the defendant appreciates the harm caused | ||
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(2) Whether the person appreciates the criminality of | ||
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(3) the current state of
the defendant's illness;
(4) what, if any, medications the defendant is taking | ||
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(5) what, if any, adverse physical side effects the | ||
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(6) the length of time it would take for the | ||
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(7) the defendant's history or potential for alcohol | ||
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(8) the defendant's past criminal history;
(9) any specialized physical or medical needs of the | ||
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(10) any family participation or involvement expected | ||
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(11) the defendant's potential to be a danger to | ||
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(11.5) a written or oral statement made by the | ||
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(12) any other factor or factors the Court deems | ||
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(h) Before the court orders that the defendant be discharged or
conditionally released, it shall order the facility director to establish a
discharge plan that includes a plan for the defendant's shelter, support, and
medication. If appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication under standards
established by the Department of Human Services.
If the Court finds, consistent with the provisions of this Section,
that the defendant is no longer in need of mental
health services it shall order the facility director to discharge the
defendant. If the Court finds, consistent with the provisions of this
Section, that the defendant is in need of mental
health services, and no longer in need of inpatient care, it shall order
the facility director to release the defendant under such conditions as the
Court deems appropriate and as provided by this Section. Such conditional
release shall be imposed for a period of 5 years as provided in
paragraph
(D) of subsection (a-1) and shall be
subject
to later modification by the Court as provided by this Section. If the
Court finds consistent with the provisions in this Section that the
defendant is in
need of mental health services on an inpatient basis, it shall order the
facility director not to discharge or release the defendant in accordance
with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional release
the State's Attorney determines that the defendant has not fulfilled the
conditions of his or her release, the State's Attorney may petition the
Court
to
revoke or modify the conditional release of the defendant. Upon the filing of
such petition the defendant may be remanded to the custody of the Department,
or to any other mental health facility designated by the Department, pending
the resolution of the petition. Nothing in this Section shall prevent the
emergency admission of a defendant pursuant to Article VI of Chapter III of the
Mental Health
and Developmental Disabilities Code or the voluntary admission of the defendant
pursuant to Article IV of Chapter III of the Mental Health and Developmental
Disabilities
Code. If
the Court determines, after hearing evidence, that the defendant has
not fulfilled the conditions of release, the Court shall order a hearing
to be held consistent with the provisions of paragraph (f) and (g) of this
Section. At such hearing, if the Court finds that the defendant is in need of mental health services on an inpatient
basis, it shall enter an order remanding him or her to the Department of
Human Services or other
facility. If the defendant is remanded to the Department of Human Services, he
or she shall be placed in
a secure setting unless the Court
determines that there are compelling reasons that such placement is not
necessary. If the
Court finds that the defendant continues to be in need of mental health
services but not on an inpatient basis, it may modify the conditions of
the original release in order to reasonably assure the defendant's satisfactory
progress in treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of subsection (a-1). Nothing in
this Section shall limit a Court's contempt powers or any other powers of a
Court.
(j) An order of admission under this Section does not affect the
remedy of habeas corpus.
(k) In the event of a conflict between this Section and the Mental Health
and Developmental Disabilities Code or the Mental Health and Developmental
Disabilities Confidentiality Act, the provisions of this Section shall govern.
(l) Public Act 90-593 shall apply to all persons who have been found
not guilty by reason of insanity and who are presently committed to the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services).
(m)
The Clerk of the Court shall transmit a certified copy of the order of
discharge or conditional release to the Department of Human Services, to the sheriff of the county from which the defendant was admitted, to the Illinois State Police, to
the proper law enforcement agency for the municipality
where the offense took
place, and to the sheriff of the county into which the defendant is
conditionally discharged. The Illinois State Police shall
maintain a
centralized record of discharged or conditionally released defendants while
they are under court supervision for access and use of appropriate law
enforcement agencies.
(n) The provisions in this Section which allow a crime victim to make a written and oral statement do not apply if the defendant was under 18 years of age at the time the offense was committed. (o) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision does not affect any other provision or application of this Section that can be given effect without the invalid provision or application. (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(730 ILCS 5/5-2-5) (from Ch. 38, par. 1005-2-5)
Sec. 5-2-5.
In any issue of determination of fitness of a defendant to
plead, to stand trial, to be sentenced or to be executed, or in any issue
related to insanity or to mental illness, a clinical psychologist
as defined in paragraph (a) of Section 102-21 of the Code of Criminal Procedure
of 1963 shall be deemed
qualified to testify as an expert witness in the form of his opinion about
the issue of fitness or insanity or mental illness and shall not be
restricted to testifying with regard to test results only.
(Source: P.A. 82-553.)
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(730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)
Sec. 5-2-6. Sentencing and treatment of defendant found guilty but mentally
ill. (a) After a plea or verdict of guilty but mentally ill under Section
115-2, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the court
shall order a presentence investigation and report pursuant to Sections
5-3-1 and 5-3-2 of this Act, and shall set a date for a sentencing hearing.
The court may impose any sentence upon the defendant which could
be imposed pursuant to law upon a defendant who had been convicted of the
same offense without a finding of mental illness.
(b) If the court imposes a sentence of imprisonment upon a defendant who
has been found guilty but mentally ill, the defendant shall be committed
to the Department of Corrections, which shall cause periodic inquiry and
examination to be made concerning the nature, extent, continuance, and
treatment of the defendant's mental illness. The Department of Corrections
shall
provide such psychiatric, psychological, or other counseling and
treatment for the defendant as it determines necessary.
(c) The Department of Corrections may transfer the defendant's custody
to the Department of Human Services in accordance with the provisions of Section 3-8-5 of this Act.
(d) (1) The Department of Human Services shall return to the Department of Corrections any
person committed to it
pursuant to this Section whose sentence has not expired and whom the Department
of Human Services deems no
longer requires
hospitalization for mental treatment, an intellectual disability, or a substance use disorder as defined in Section 1-10 of the Substance Use Disorder Act.
(2) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence
of any person transferred to the Department of Human Services under this Section. If the Department
of Human Services
determines that any such person
requires further hospitalization, it shall file an appropriate petition for
involuntary commitment pursuant to the Mental Health and Developmental
Disabilities Code.
(e) (1) All persons found guilty but mentally ill, whether by plea or
by verdict, who are placed on probation or sentenced to a term of periodic
imprisonment or a period of conditional discharge shall be required to submit
to a course of mental treatment prescribed by the sentencing court.
(2) The course of treatment prescribed by the court shall reasonably assure
the defendant's satisfactory progress in treatment or habilitation and for
the safety of the defendant and others. The court shall consider terms,
conditions and supervision which may include, but need not be limited to,
notification and discharge of the person to the custody of his family,
community adjustment programs, periodic checks with legal authorities and
outpatient
care and utilization of local mental health or developmental disabilities
facilities.
(3) Failure to continue treatment, except by agreement with the treating
person or agency and the court, shall be a basis for the institution of
probation revocation proceedings.
(4) The period of probation shall be in accordance with Article 4.5 of Chapter V of this Code
and shall not be shortened without receipt and consideration of
such psychiatric or psychological report or
reports as the court may require.
(Source: P.A. 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/Ch. V Art. 3 heading) ARTICLE 3.
PRESENTENCE PROCEDURE
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(730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
Sec. 5-3-1. Presentence Investigation. A defendant shall not
be sentenced for a felony before a written presentence report
of investigation is presented to and considered by the court.
However, other than for felony sex offenders being considered for probation, the court need not order a presentence report
of
investigation where both parties agree to the imposition of
a specific sentence, provided there is a finding made for the
record as to the defendant's history of delinquency or criminality,
including any previous sentence to a term of probation, periodic
imprisonment, conditional discharge, or imprisonment.
The court may order a presentence investigation of any defendant.
(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
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(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence
report shall set forth:
(1) the defendant's history of delinquency or | ||
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(2) information about special resources within the | ||
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(3) the effect the offense committed has had upon the | ||
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(3.5) information provided by the victim's spouse, | ||
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(4) information concerning the defendant's status | ||
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(5) when appropriate, a plan, based upon the | ||
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(6) any other matters that the investigatory officer | ||
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(7) information concerning the defendant's | ||
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(8) information concerning the defendant's | ||
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(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made, it
shall issue an order that the defendant submit to examination at
such time and place as designated by the court and that such
examination be conducted by a physician, psychologist or
psychiatrist designated by the court. Such an examination may
be conducted in a court clinic if so ordered by the court. The
cost of such examination shall be paid by the county in which
the trial is held.
(b-5) In cases involving felony sex offenses in which the offender is being considered for probation only or any felony offense that is
sexually motivated as defined in the Sex Offender Management Board Act in which the offender is being considered for probation only, the
investigation shall include a sex offender evaluation by an evaluator approved
by the Board and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense cases, except as
specified in subsection (d) of this Section, when a presentence report has
been ordered by the court, such presentence report shall contain
information on the defendant's history of delinquency or criminality and
shall further contain only those matters listed in any of paragraphs (1)
through (6) of subsection (a) or in subsection (b) of this Section as are
specified by the court in its order for the report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, the presentence report shall set forth
information about alcohol, drug abuse, psychiatric, and marriage counseling
or other treatment programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those additional
matters listed in any of paragraphs (1) through (6) of subsection (a) or in
subsection (b) of this Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without pretrial release or to have his pretrial release revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21.) |
(730 ILCS 5/5-3-3) (from Ch. 38, par. 1005-3-3)
Sec. 5-3-3.
Presentence Commitment for Study.
(a) In felony cases where the court is of the opinion that imprisonment
may be appropriate but desires more information as a basis for determining
the sentence than has been or may be provided by a presentence report under
Section 5-3-1, the court may commit for a period not exceeding 60 days a
convicted person to the custody of the court clinic or the Department of
Corrections if the Department has certified to the court that it can
examine such persons under this Section.
(b) The Department or court clinic shall conduct a study of the person
and shall, pursuant to the court's request, inquire into such matters as
his previous delinquency or criminal experience, his social background, his
capabilities and his mental, emotional and physical health and the
rehabilitative resources of programs adaptable to his needs and any other
matters that the court directs.
(c) At the expiration of the commitment or the sooner completion of the
ordered studies, the person shall be returned to the court for sentencing
with a written report of the results of the study. The report shall be
filed of record under Section 5-3-4.
(d) The time for which the defendant was committed for study shall be
credited against any sentence imposed.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
Sec. 5-3-4. Disclosure of Reports.
(a) Any report made pursuant to this Article or Section 5-705
of the Juvenile
Court Act of 1987 shall be filed of record with the court in a sealed envelope.
(b) Presentence reports shall be open for inspection only as follows:
(1) to the sentencing court;
(2) to the state's attorney and the defendant's | ||
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(3) to an appellate court in which the conviction or | ||
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(4) to any department, agency or institution to which | ||
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(5) to any probation department of whom courtesy | ||
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(6) to any probation department assigned by a court | ||
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(6.5) to the victim of a crime under paragraph (13) | ||
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(7) to any other person only as ordered by the court; | ||
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(8) to any mental health professional on behalf of | ||
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(c) Presentence reports shall be filed of record with the court within
60 days of a verdict or finding of guilty for any offense involving an
illegal sexual act perpetrated upon a victim, including but not limited to
offenses for violations of Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act.
(d) A complaint, information or indictment shall not be quashed or
dismissed nor shall any person in custody for an offense be discharged from
custody because of noncompliance with subsection (c) of this Section.
(Source: P.A. 99-413, eff. 8-20-15.)
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(730 ILCS 5/Ch. V Art. 4 heading) ARTICLE 4.
SENTENCING
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(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 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 | ||
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(4) consider evidence and information offered by the | ||
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(4.5) consider substance abuse treatment, eligibility | ||
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(5) hear arguments as to sentencing alternatives; (6) afford the defendant the opportunity to make a | ||
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(7) afford the victim of a violent crime or a | ||
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(7.5) afford a qualified person affected by: (i) a | ||
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(8) in cases of reckless homicide afford the victim's | ||
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(9) in cases involving a felony sex offense as | ||
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(10) make a finding of whether a motor vehicle was | ||
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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 | ||
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(2) consider the treatment recommendations of any | ||
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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 | ||
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(3.5) any sex offender evaluations; (3.6) any substance abuse treatment eligibility | ||
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(4) the number of days, if any, which the defendant | ||
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(4.1) any finding of great bodily harm made by the | ||
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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 | ||
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(8) all statements made and evidence offered under | ||
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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; 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(730 ILCS 5/5-4-2) (from Ch. 38, par. 1005-4-2)
Sec. 5-4-2.
Multiple Offenses.
(a) After conviction and before sentencing, the defendant shall be
permitted, subject to the approval of the State's Attorney, to plead guilty
to other offenses he has committed which are within the same county. If the
defendant is not formally charged with such offenses, an information shall
be filed on the basis of the defendant's admission of guilt. Submission of
such a plea shall constitute a waiver of all objections which the defendant
might otherwise have to the charge. If such a plea is tendered and
accepted, the court shall sentence the defendant for all offenses in one
hearing under Section 5-8-4.
(b) A defendant convicted, charged, or held in custody in a county other
than that in which any other charge is pending against him may state in
writing or in court that he desires to plead guilty, to waive trial in the
county in which the charge is pending and to consent to disposition of the
case in the county in which he is held, convicted or charged, subject to
the approval of the state's attorney for each county. Upon receiving
notification from the sentencing court, the clerk of the court in which the
charge is pending shall transmit the papers in the proceeding or certified
copies thereof to the clerk of the court in which the defendant desires to
plead guilty. Thereafter, the prosecution shall continue in that county. If
after the proceeding has been transferred, the defendant pleads not guilty,
the proceeding shall be restored to the docket of the court where the
charge was pending.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for a qualifying offense or attempt of a qualifying offense, convicted or found guilty of any offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given supervision for any offense classified as a felony under the Juvenile Court Act of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood, saliva, or tissue to the Illinois State Police in accordance with the provisions of this Section, provided such person is: (1) convicted of a qualifying offense or attempt of a | ||
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(1.5) found guilty or given supervision under the | ||
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(2) ordered institutionalized as a sexually dangerous | ||
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(3) convicted of a qualifying offense or attempt of a | ||
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(3.5) convicted or found guilty of any offense | ||
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(4) presently institutionalized as a sexually | ||
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(4.5) ordered committed as a sexually violent person | ||
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(a-1) Any person incarcerated in a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22, 2002, whether for a term of years or natural life, who has not yet submitted a specimen of blood, saliva, or tissue shall be required to submit a specimen of blood, saliva, or tissue prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police. (a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after June 13, 2005 (the effective date of Public Act 94-16) shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police. Any person serving a sentence of life imprisonment in a facility of the Illinois Department of Corrections on June 13, 2005 (the effective date of Public Act 94-16) or any person who is under a sentence of death on June 13, 2005 (the effective date of Public Act 94-16) shall be required to provide a specimen of blood, saliva, or tissue upon request at a collection site designated by the Illinois State Police. (a-3) Any person seeking transfer to or residency in Illinois under Sections 3-3-11.05 through 3-3-11.5 of this Code, the Interstate Compact for Adult Offender Supervision, or the Interstate Agreements on Sexually Dangerous Persons Act shall be required to provide a specimen of blood, saliva, or tissue within 45 days after transfer to or residency in Illinois at a collection site designated by the Illinois State Police. (a-3.1) Any person required by an order of the court to submit a DNA specimen shall be required to provide a specimen of blood, saliva, or tissue within 45 days after the court order at a collection site designated by the Illinois State Police. (a-3.2) On or after January 1, 2012 (the effective date of Public Act 97-383), any person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois State Police: (A) first degree murder; (B) home invasion; (C) predatory criminal sexual assault of a child; (D) aggravated criminal sexual assault; or (E) criminal sexual assault. (a-3.3) Any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction as set forth in subsection (c-5.2) shall be required to provide a specimen of blood, saliva, or tissue within the time period prescribed in subsection (c-5.2) at a collection site designated by the Illinois State Police. (a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood, saliva, or tissue to the Illinois State Police in accordance with the provisions of this Section. (b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), (a)(3.5), and (a-5) to provide specimens of blood, saliva, or tissue shall provide specimens of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police. (c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to provide specimens of blood, saliva, or tissue shall be required to provide such specimens prior to final discharge or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Act, by the Illinois State Police. (c-5) Any person required by paragraph (a-3) to provide specimens of blood, saliva, or tissue shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State. (c-5.2) Unless it is determined that a registered sex offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration. (c-6) The Illinois State Police may determine which type of specimen or specimens, blood, saliva, or tissue, is acceptable for submission to the Division of Forensic Services for analysis. The Illinois State Police may require the submission of fingerprints from anyone required to give a specimen under this Act. (d) The Illinois State Police shall provide all equipment and instructions necessary for the collection of blood specimens. The collection of specimens shall be performed in a medically approved manner. Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of this Act. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (d-1) The Illinois State Police shall provide all equipment and instructions necessary for the collection of saliva specimens. The collection of saliva specimens shall be performed in a medically approved manner. Only a person trained in the instructions promulgated by the Illinois State Police on collecting saliva may collect saliva for the purposes of this Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (d-2) The Illinois State Police shall provide all equipment and instructions necessary for the collection of tissue specimens. The collection of tissue specimens shall be performed in a medically approved manner. Only a person trained in the instructions promulgated by the Illinois State Police on collecting tissue may collect tissue for the purposes of this Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (d-5) To the extent that funds are available, the Illinois State Police shall contract with qualified personnel and certified laboratories for the collection, analysis, and categorization of known specimens, except as provided in subsection (n) of this Section. (d-6) Agencies designated by the Illinois State Police and the Illinois State Police may contract with third parties to provide for the collection or analysis of DNA, or both, of an offender's blood, saliva, and tissue specimens, except as provided in subsection (n) of this Section. (e) The genetic marker groupings shall be maintained by the Illinois State Police, Division of Forensic Services. (f) The genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies, and to defense counsel as provided by Section 116-5 of the Code of Criminal Procedure of 1963. The genetic marker grouping analysis information obtained pursuant to this Act shall be used only for (i) valid law enforcement identification purposes and as required by the Federal Bureau of Investigation for participation in the National DNA database, (ii) technology validation purposes, (iii) a population statistics database, (iv) quality assurance purposes if personally identifying information is removed, (v) assisting in the defense of the criminally accused pursuant to Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. Notwithstanding any other statutory provision to the contrary, all information obtained under this Section shall be maintained in a single State data base, which may be uploaded into a national database, and which information may be subject to expungement only as set forth in subsection (f-1). (f-1) Upon receipt of notification of a reversal of a conviction based on actual innocence, or of the granting of a pardon pursuant to Section 12 of Article V of the Illinois Constitution, if that pardon document specifically states that the reason for the pardon is the actual innocence of an individual whose DNA record has been stored in the State or national DNA identification index in accordance with this Section by the Illinois State Police, the DNA record shall be expunged from the DNA identification index, and the Department shall by rule prescribe procedures to ensure that the record and any specimens, analyses, or other documents relating to such record, whether in the possession of the Department or any law enforcement or police agency, or any forensic DNA laboratory, including any duplicates or copies thereof, are destroyed and a letter is sent to the court verifying the expungement is completed. For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period. The Department shall by rule prescribe procedures to ensure that the record and any specimens in the possession or control of the Department are destroyed and a letter is sent to the court verifying the expungement is completed. (f-5) Any person who intentionally uses genetic marker grouping analysis information, or any other information derived from a DNA specimen, beyond the authorized uses as provided under this Section, or any other Illinois law, is guilty of a Class 4 felony and shall be subject to a fine of not less than $5,000. (f-6) The Illinois State Police may contract with third parties for the purposes of implementing Public Act 93-216, except as provided in subsection (n) of this Section. Any other party contracting to carry out the functions of this Section shall be subject to the same restrictions and requirements of this Section insofar as applicable, as the Illinois State Police, and to any additional restrictions imposed by the Illinois State Police. (g) For the purposes of this Section, "qualifying offense" means any of the following: (1) any violation or inchoate violation of Section | ||
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(1.1) any violation or inchoate violation of Section | ||
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(2) any former statute of this State which defined a | ||
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(3) (blank); (4) any inchoate violation of Section 9-3.1, 9-3.4, | ||
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(5) any violation or inchoate violation of Article | ||
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(g-5) (Blank). (h) The Illinois State Police shall be the State central repository for all genetic marker grouping analysis information obtained pursuant to this Act. The Illinois State Police may promulgate rules for the form and manner of the collection of blood, saliva, or tissue specimens and other procedures for the operation of this Act. The provisions of the Administrative Review Law shall apply to all actions taken under the rules so promulgated. (i)(1) A person required to provide a blood, saliva, or tissue specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood, saliva, or tissue specimen is a Class 4 felony. (2) In the event that a person's DNA specimen is not adequate for any reason, the person shall provide another DNA specimen for analysis. Duly authorized law enforcement and corrections personnel may employ reasonable force in cases in which an individual refuses to provide a DNA specimen required under this Act. (j) (Blank). (k) All analysis and categorization assessments provided under the Criminal and Traffic Assessment Act to the State Crime Laboratory Fund shall be regulated as follows: (1) (Blank). (2) (Blank). (3) Moneys deposited into the State Crime Laboratory | ||
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(A) Costs incurred in providing analysis and | ||
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(B) Costs incurred in maintaining genetic marker | ||
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(C) Costs incurred in the purchase and | ||
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(D) Costs incurred in continuing research and | ||
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(E) Costs incurred in continuing education, | ||
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(l) The failure of a person to provide a specimen, or of any person or agency to collect a specimen, shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois State Police or persons designated by the Illinois State Police to collect the specimen, or the authority of the Illinois State Police to accept, analyze and maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database. (m) If any provision of Public Act 93-216 is held unconstitutional or otherwise invalid, the remainder of Public Act 93-216 is not affected. (n) Neither the Illinois State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency. For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the Juvenile Court Act of 1987 and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony. (o) Mistake does not invalidate a database match. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake. (p) This Section may be referred to as the Illinois DNA Database Law of 2011. (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(730 ILCS 5/5-4-3a) Sec. 5-4-3a. DNA testing backlog accountability. (a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information: (1) the extent of the backlog of cases awaiting | ||
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(2) what measures have been and are being taken to | ||
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(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official website of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing: (1) For biology submissions, report both total | ||
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(A) The number of assignments received in the | ||
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(B) The number of assignments completed in the | ||
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(C) The number of assignments awaiting analysis. (D) The number of assignments sent for | ||
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(E) The number of assignments awaiting analysis | ||
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(F) The number of assignments awaiting analysis | ||
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(G) The number of assignments awaiting analysis | ||
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(H) The number of assignments awaiting analysis | ||
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(I) The number of assignments awaiting analysis | ||
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(J) (Blank). (2) (Blank). (3) For all other categories of testing (e.g., drug | ||
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(A) The number of assignments received in the | ||
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(B) The number of assignments completed in the | ||
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(C) The number of assignments awaiting analysis. (D) The number of cases entered in the National | ||
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(E) The number of investigative leads developed | ||
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(4) For the Combined DNA Index System (CODIS), report | ||
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(A) The number of new offender samples received | ||
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(B) The number of offender samples uploaded to | ||
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(C) The number of offender samples awaiting | ||
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(D) The number of unknown DNA case profiles | ||
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(E) The number of CODIS hits in the preceding | ||
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(F) The number of forensic evidence submissions | ||
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(5) For each category of testing, report the number | ||
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As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency. (d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(730 ILCS 5/5-4-3b) Sec. 5-4-3b. Electronic Laboratory Information Management System. (a) The Illinois State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS) to efficiently and effectively track all evidence submitted for forensic testing. At a minimum, the LIMS shall record: (1) the criminal offense or suspected criminal | ||
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(2) the law enforcement agency submitting the | ||
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(3) the name of the victim; (4) the law enforcement agency case number; (5) the Illinois State Police Laboratory case number; (6) the date the evidence was received by the | ||
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(7) if the Illinois State Police Laboratory sent the | ||
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(8) the date and description of any results or | ||
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The LIMS shall also link multiple forensic evidence submissions pertaining to a single criminal investigation such that evidence submitted to confirm a previously reported Combined DNA Index System (CODIS) hit in a State or federal database can be linked to the initial evidence submission. The LIMS shall be such that the system provides ease of interoperability with law enforcement agencies for evidence submission and reporting, as well as supports expansion capabilities for future internal networking and laboratory operations. (b) The Illinois State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Section. A contract or contracts under this subsection are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. This exemption is inoperative 2 years from January 1, 2016 (the effective date of Public Act 99-352).
(Source: P.A. 102-538, eff. 8-20-21.) |
(730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
(a) Except for good cause shown by written motion, any person adjudged
guilty of any offense involving an illegal sexual act perpetrated upon a
victim, including but not limited to offenses for violations of Article 12
of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act, shall be sentenced within 65 days of a
verdict or finding of guilt for the offense.
(b) The court shall set the sentencing date at the time the verdict or
finding of guilt is entered by the court.
(c) Any motion for continuance shall be in writing and supported by
affidavit and in compliance with Section 114-4 of the Code of Criminal
Procedure of 1963, and the victim shall be notified of the date and time of
hearing and shall be provided an opportunity to address the court on the
impact the continuance may have on the victim's well-being.
(d) A complaint, information or indictment shall not be quashed or
dismissed, nor shall any person in custody for an offense be discharged
from custody because of non-compliance with this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(730 ILCS 5/5-4-3.2) Sec. 5-4-3.2. Collection and storage of Internet protocol addresses. (a) Cyber-crimes Location Database. The Attorney General is hereby authorized to establish and maintain the "Illinois Cyber-crimes Location Database" (ICLD) to collect, store, and use Internet protocol (IP) addresses for purposes of investigating and prosecuting child exploitation crimes on the Internet. (b) "Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet. (c) Collection of Internet Protocol addresses. (1) Collection upon commitment under the Sexually | ||
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(2) Collection upon conviction. Upon conviction for | ||
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(d) Storage and use of the Database. Internet protocol (IP) addresses recorded pursuant to this Section shall be submitted to the Attorney General for storage and use in the Illinois Cyber-crimes Location Database. The Attorney General and its designated agents may access the database for the purpose of investigation and prosecution of crimes listed in this Section. In addition, the Attorney General is authorized to share information stored in the database with the National Center for Missing and Exploited Children (NCMEC) and any federal, state, or local law enforcement agencies for the investigation or prosecution of child exploitation crimes.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(730 ILCS 5/Ch. V. Art. 4.5 heading) ARTICLE 4.5. GENERAL SENTENCING PROVISIONS
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-5) Sec. 5-4.5-5. STANDARD SENTENCING. Except as specifically provided elsewhere, this Article governs sentencing for offenses.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-10) Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS. (a) FELONY CLASSIFICATIONS. Felonies are classified, for the purpose of sentencing, as follows: (1) First degree murder (as a separate class of | ||
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(2) Class X felonies. (3) Class 1 felonies. (4) Class 2 felonies. (5) Class 3 felonies. (6) Class 4 felonies. (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are classified, for the purpose of sentencing, as follows: (1) Class A misdemeanors. (2) Class B misdemeanors. (3) Class C misdemeanors.
(c) PETTY AND BUSINESS OFFENSES. Petty offenses and business offenses are not classified.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-15) Sec. 5-4.5-15. DISPOSITIONS.
(a) APPROPRIATE DISPOSITIONS. The following are appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than as provided in Section 5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the statute defining the offense or elsewhere: (1) A period of probation. (2) A term of periodic imprisonment. (3) A term of conditional discharge. (4) A term of imprisonment. (5) A fine. (6) Restitution to the victim. (7) Participation in an impact incarceration program. (8) A term of imprisonment in combination with a term | ||
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(9) If the defendant is convicted of arson, | ||
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(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine nor restitution shall be the sole disposition for a felony, and either or both may be imposed only in conjunction with another disposition.
(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a term of natural life is imposed, every sentence includes a term in addition to the term of imprisonment. For those sentenced under the law in effect before February 1, 1978, that term is a parole term. For those sentenced on or after February 1, 1978, that term is a mandatory supervised release term.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
(730 ILCS 5/5-4.5-20) Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first degree murder: (a) TERM. The defendant shall be sentenced to imprisonment under Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012. Imprisonment shall be for a determinate term, subject to Section 5-4.5-115 of this Code, of (1) not less than 20 years and not more than 60 years; (2) not less than 60 years and not more than 100 years when an extended term is imposed under Section 5-8-2; or (3) natural life as provided in Section 5-8-1.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b).
(f) RESTITUTION. See Section 5-5-6 concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 and Section 5-4.5-50.
(h) DRUG COURT. Drug court is not an authorized disposition.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 concerning no credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic monitoring and home detention are not authorized dispositions, except in limited circumstances as provided in Section 5-8A-3.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8, the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.
(Source: P.A. 103-51, eff. 1-1-24.) |
(730 ILCS 5/5-4.5-25) Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence, subject to Section 5-4.5-115 of this Code, of not less than 6 years and not more than 30 years. The sentence of imprisonment for an extended term Class X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this Code, shall be not less than 30 years and not more than 60 years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.) |
(730 ILCS 5/5-4.5-30) Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 felony: (a) TERM. The sentence of imprisonment, other than for second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years, subject to Section 5-4.5-115 of this Code. The sentence of imprisonment for second degree murder shall be a determinate sentence of not less than 4 years and not more than 20 years, subject to Section 5-4.5-115 of this Code. The sentence of imprisonment for an extended term Class 1 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this Code, shall be a term not less than 15 years and not more than 30 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 3 to 4 years, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he or she was serving a term of probation or conditional discharge for a felony.
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.) |
(730 ILCS 5/5-4.5-35) Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. The sentence of imprisonment for an extended term Class 2 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 7 years and not more than 14 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 18 to 30 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.) |
(730 ILCS 5/5-4.5-40) Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 5 years and not more than 10 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.) |
(730 ILCS 5/5-4.5-45) Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. The sentence of imprisonment for an extended term Class 4 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 3 years and not more than 6 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.) |
(730 ILCS 5/5-4.5-50) Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except as otherwise provided, for all felonies: (a) NO SUPERVISION. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may not defer further proceedings and the imposition of a sentence and may not enter an order for supervision of the defendant. (b) FELONY FINES. Unless otherwise specified by law, the minimum fine is $75. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater, or if the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. (c) REASONS FOR SENTENCE STATED. The sentencing judge in each felony conviction shall set forth his or her reasons for imposing the particular sentence entered in the case, as provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such factors, as well as any other mitigating or aggravating factors that the judge sets forth on the record that are consistent with the purposes and principles of sentencing set out in this Code. (d) MOTION TO REDUCE SENTENCE. A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed with the circuit court clerk within 30 days following the imposition of sentence. A motion not filed within that 30-day period is not timely. The court may not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing. If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide the motion within a reasonable time. If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an appeal, a final judgment is not considered to have been entered until the motion to reduce the sentence has been decided by order entered by the trial court. (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR OTHER-STATE SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the Illinois court ordered to be concurrent with the prior other-state or federal sentence. The court may order that any time served on the unexpired portion of the other-state or federal sentence, prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The appropriate official of the other state or the United States shall be furnished with a copy of the order imposing sentence, which shall provide that, when the offender is released from other-state or federal confinement, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing Illinois county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of the sentence at the time of commitment and to be provided with copies of all records regarding the sentence. (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed sentence to have his or her sentence reduced. The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his or her Illinois sentence. The application for reduction of a sentence under this subsection shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) |
(730 ILCS 5/5-4.5-55) Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class A misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) |
(730 ILCS 5/5-4.5-60) Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class B misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6 months.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) |
(730 ILCS 5/5-4.5-65) Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class C misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 30 days.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 30 days or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) |
(730 ILCS 5/5-4.5-70) Sec. 5-4.5-70. SENTENCE PROVISIONS; ALL MISDEMEANORS. Except as otherwise provided, for all misdemeanors: (a) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that: (1) the defendant is not likely to commit further | ||
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(2) the defendant and the public would be best served | ||
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(3) in the best interests of justice, an order of | ||
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(b) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act (720 ILCS 550/10.3), Section 411.2 of the Illinois Controlled Substances Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/80), in which case the court may extend supervision beyond 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1). (c) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-75) Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as otherwise provided, for a petty offense: (a) FINE. Unless otherwise specified by law, the minimum fine is $75. A defendant may be sentenced to pay a fine not to exceed $1,000 for each offense or the amount specified in the offense, whichever is less. A fine may be imposed in addition to a sentence of conditional discharge or probation. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be sentenced to a period of probation or conditional discharge not to exceed 6 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (c) RESTITUTION. A defendant may be sentenced to make restitution to the victim under Section 5-5-6 (730 ILCS 5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that: (1) the defendant is not likely to commit further | ||
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(2) the defendant and the public would be best served | ||
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(3) in the best interests of justice, an order of | ||
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(e) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) |
(730 ILCS 5/5-4.5-80) Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as otherwise provided, for a business offense: (a) FINE. Unless otherwise specified by law, the minimum fine is $75. A defendant may be sentenced to pay a fine not to exceed for each offense the amount specified in the statute defining that offense. A fine may be imposed in addition to a sentence of conditional discharge. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine. (b) CONDITIONAL DISCHARGE. A defendant may be sentenced to a period of conditional discharge. The court shall specify the conditions of conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (c) RESTITUTION. A defendant may be sentenced to make restitution to the victim under Section 5-5-6 (730 ILCS 5/5-5-6). (d) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that: (1) the defendant is not likely to commit further | ||
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(2) the defendant and the public would be best served | ||
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(3) in the best interests of justice, an order of | ||
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(e) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) |
(730 ILCS 5/5-4.5-85)
Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE. (a) FELONY. The particular classification of each felony is specified in the law defining the felony. Any unclassified offense that is declared by law to be a felony or that provides a sentence to a term of imprisonment for one year or more is a Class 4 felony. (b) MISDEMEANOR. The particular classification of each misdemeanor is specified in the law or ordinance defining the misdemeanor. (1) Any offense not so classified that provides a | ||
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(2) Any offense not so classified that provides a | ||
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(3) Any offense not so classified that provides a | ||
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(c) PETTY OR BUSINESS OFFENSE. Any unclassified offense that does not provide for a sentence of imprisonment is a petty offense or a business offense.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-90)
Sec. 5-4.5-90. OTHER REMEDIES NOT LIMITED. This Article does not deprive a court in other proceedings of the power to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-95) Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. (a) HABITUAL CRIMINALS. (1) Every person who has been twice convicted in any | ||
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(2) The 2 prior convictions need not have been for | ||
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(3) Any convictions that result from or are | ||
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(4) This Section does not apply unless each of the | ||
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(A) The third offense was committed after July 3, | ||
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(B) The third offense was committed within 20 | ||
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(C) The third offense was committed after | ||
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(D) The second offense was committed after | ||
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(E) The first offense was committed when the | ||
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(5) Anyone who is adjudged an habitual criminal shall | ||
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(6) A prior conviction shall not be alleged in the | ||
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(7) A duly authenticated copy of the record of any | ||
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(8) Any claim that a previous conviction offered by | ||
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(9) If the person so convicted shows to the | ||
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(b) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender. This subsection does not apply unless: (1) the first forcible felony was committed after | ||
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(2) the second forcible felony was committed after | ||
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(3) the third forcible felony was committed after | ||
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(4) the first offense was committed when the person | ||
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(c) (Blank). A person sentenced as a Class X offender under this subsection (b) is not eligible to apply for treatment as a condition of probation as provided by Section 40-10 of the Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; 101-652, eff. 7-1-21.) |
(730 ILCS 5/5-4.5-100) Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. (a) COMMENCEMENT. A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served. (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set forth in subsection (e), the offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for the number of days spent in custody as a result of the offense for which the sentence was imposed. The Department shall calculate the credit at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). The trial court shall give credit to the defendant for time spent in home detention on the same sentencing terms as incarceration as provided in Section 5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of credit includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit. The trial court may give credit to the defendant for the number of days spent confined for psychiatric or substance abuse treatment prior to judgment, if the court finds that the detention or confinement was custodial. (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender arrested on one charge and prosecuted on another charge for conduct that occurred prior to his or her arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the defendant credit for successfully completing county programming while in custody prior to imposition of sentence at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the purposes of this subsection, "custody" includes time spent in home detention. (d) (Blank).
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED RELEASE, OR PROBATION. An offender charged with the commission of an offense committed while on parole, mandatory supervised release, or probation shall not be given credit for time spent in custody under subsection (b) for that offense for any time spent in custody as a result of a revocation of parole, mandatory supervised release, or probation where such revocation is based on a sentence imposed for a previous conviction, regardless of the facts upon which the revocation of parole, mandatory supervised release, or probation is based, unless both the State and the defendant agree that the time served for a violation of mandatory supervised release, parole, or probation shall be credited towards the sentence for the current offense.(Source: P.A. 101-652, eff. 7-1-21.) |
(730 ILCS 5/5-4.5-105) Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. (a) On or after January 1, 2016 (the effective date of Public Act 99-69), when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing conducted under Section 5-4-1, shall consider the following additional factors in mitigation in determining the appropriate sentence: (1) the person's age, impetuosity, and level of | ||
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(2) whether the person was subjected to outside | ||
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(3) the person's family, home environment, | ||
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(4) the person's potential for rehabilitation or | ||
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(5) the circumstances of the offense; (6) the person's degree of participation and specific | ||
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(7) whether the person was able to meaningfully | ||
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(8) the person's prior juvenile or criminal history; (9) the person's involvement in the child welfare | ||
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(10) involvement of the person in the community; (11) if a comprehensive mental health evaluation of | ||
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(12) any other information the court finds relevant | ||
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(b) The trial judge shall specify on the record its consideration of the factors under subsection (a) of this Section. (c) Notwithstanding any other provision of law, if the court determines by clear and convincing evidence that the individual against whom the person is convicted of committing the offense previously committed a crime under Section 10-9, Section 11-1.20, Section 11-1.30, Section 11-1.40, Section 11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, Section 11-6.6, Section 11-9.1, Section 11-14.3, Section 11-14.4 or Section 11-18.1 of the Criminal Code of 2012 against the person within 3 years before the offense in which the person was convicted, the court may, in its discretion: (1) transfer the person to juvenile court for | ||
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(2) depart from any mandatory minimum sentence, | ||
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(3) suspend any portion of an otherwise applicable | ||
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(d) Subsection (c) shall be construed as prioritizing the successful treatment and rehabilitation of persons under 18 years of age who are sex crime victims who commit acts of violence against their abusers. It is the General Assembly's intent that these persons be viewed as victims and provided treatment and services in the community and in the juvenile or family court system. (e) Except as provided in subsections (f) and (g), the court may sentence the defendant to any disposition authorized for the class of the offense of which he or she was found guilty as described in Article 4.5 of this Code, and may, in its discretion, decline to impose any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person. (f) Notwithstanding any other provision of law, if the defendant is convicted of first degree murder and would otherwise be subject to sentencing under clause (iii), (iv), (v), or (vii) of subparagraph (c) of paragraph (1) of subsection (a) of Section 5-8-1 of this Code based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment, except for persons convicted of first degree murder where subsection (c) applies. In addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense included in subsection (d) of Section 5-8-1. (g) Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor subject to this Code or against the minor's parent, guardian, or legal custodian. For the purposes of this subsection (g), "minor" has the meaning provided in Section 1-3 of the Juvenile Court Act of 1987 and includes any minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987. (Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(730 ILCS 5/5-4.5-110) Sec. 5-4.5-110. (Repealed).(Source: P.A. 102-1109, eff. 12-21-22. Repealed internally, eff. 1-1-24.) |
(730 ILCS 5/5-4.5-115) Sec. 5-4.5-115. Parole review of persons under the age of 21 at the time of the commission of an offense. (a) For purposes of this Section, "victim" means a victim of a violent crime as defined in subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act including a witness as defined in subsection (b) of Section 3 of the Rights of Crime Victims and Witnesses Act; any person legally related to the victim by blood, marriage, adoption, or guardianship; any friend of the victim; or any concerned citizen. (b) A person under 21 years of age at the time of the commission of an offense or offenses, other than first degree murder, and who is not serving a sentence for first degree murder and who is sentenced on or after June 1, 2019 (the effective date of Public Act 100-1182) shall be eligible for parole review by the Prisoner Review Board after serving 10 years or more of his or her sentence or sentences, except for those serving a sentence or sentences for: (1) aggravated criminal sexual assault who shall be eligible for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence or sentences or (2) predatory criminal sexual assault of a child who shall not be eligible for parole review by the Prisoner Review Board under this Section. A person under 21 years of age at the time of the commission of first degree murder who is sentenced on or after June 1, 2019 (the effective date of Public Act 100-1182) shall be eligible for parole review by the Prisoner Review Board after serving
20 years or more of his or her sentence or sentences, except for those subject to a term of natural life imprisonment under Section 5-8-1 of this Code or any person subject to sentencing under subsection (c) of Section 5-4.5-105 of this Code, who shall be eligible for parole review by the Prisoner Review Board after serving 40 years or more of his or her sentence or sentences. (c) Three years prior to becoming eligible for parole review, the eligible person may file his or her petition for parole review with the Prisoner Review Board.
The petition shall include a copy of the order of commitment and sentence to the Department of Corrections for the offense or offenses for which review is sought. Within 30 days of receipt of this petition, the Prisoner Review Board shall determine whether the petition is appropriately filed, and if so, shall set a date for parole review 3 years from receipt of the petition and notify the Department of Corrections within 10 business days. If the Prisoner Review Board determines that the petition is not appropriately filed, it shall notify the petitioner in writing, including a basis for its determination. (d) Within 6 months of the Prisoner Review Board's determination that the petition was appropriately filed, a representative from the Department of Corrections shall meet with the eligible person and
provide the inmate information about the parole hearing process and personalized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Following this meeting, the eligible person has 7 calendar days to file a written request to the representative from the Department of Corrections who met with the eligible person of any additional programs and services which the eligible person believes should be made available to prepare the eligible person for return to the community. (e) One year prior to the person being eligible for parole, counsel shall be appointed by the Prisoner Review Board upon a finding of indigency. The eligible person may waive appointed counsel or retain his or her own counsel at his or her own expense. (f) Nine months prior to the hearing, the Prisoner Review Board shall provide the eligible person, and his or her counsel, any written documents or materials it will be considering in making its decision unless the written documents or materials are specifically found to: (1) include information which, if disclosed, would damage the therapeutic relationship between the inmate and a mental health professional; (2) subject any person to the actual risk of physical harm; (3) threaten the safety or security of the Department or an institution. In accordance with Section 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and Section 10 of the Open Parole Hearings Act, victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public. Victim statements shall not be considered public documents under the provisions of the Freedom of Information Act. The inmate or his or her attorney shall not be given a copy of the statement, but shall be informed of the existence of a victim statement and the position taken by the victim on the inmate's request for parole. This shall not be construed to permit disclosure to an inmate of any information which might result in the risk of threats or physical harm to a victim. The Prisoner Review Board shall have an ongoing duty to provide the eligible person, and his or her counsel, with any further documents or materials that come into its possession prior to the hearing subject to the limitations contained in this subsection. (g) Not less than 12 months prior to the hearing, the Prisoner Review Board shall provide notification to the State's Attorney of the county from which the person was committed and written notification to the victim or family of the victim of the scheduled hearing place, date, and approximate time. The written notification shall contain: (1) information about
their right to be present, appear in person at the parole hearing, and their right to
make an oral statement and submit information in writing, by videotape, tape
recording, or other electronic means; (2) a toll-free number to call for further
information about the parole review process; and (3) information regarding
available resources, including trauma-informed therapy, they may access. If the Board does not have knowledge of the current address of the victim or family of the victim, it shall notify the State's Attorney of the county of commitment and request assistance in locating the victim or family of the victim. Those victims or family of the victims who advise the Board in writing that they no longer wish to be notified shall not receive future notices. A victim shall have the right to submit information by videotape, tape recording, or other electronic means. The victim may submit this material prior to or at the parole hearing. The victim also has the right to be heard at the parole hearing. (h) The hearing conducted by the Prisoner Review Board shall be governed by Sections 15 and 20, subsection (f) of Section 5, subsections (a), (a-5), (b), (b-5), and (c) of Section 10, and subsection (d) of Section 25 of the Open Parole Hearings Act and Part 1610 of Title 20 of the Illinois Administrative Code. The eligible person has a right to be present at the Prisoner Review Board hearing, unless the Prisoner Review Board determines the eligible person's presence is unduly burdensome when conducting a hearing under paragraph (6.6) of subsection (a) of Section 3-3-2 of this Code. If a psychological evaluation is submitted for the Prisoner Review Board's consideration, it shall be prepared by a person who has expertise in adolescent brain development and behavior, and shall take into consideration the diminished culpability of youthful offenders, the hallmark features of youth, and any subsequent growth and increased maturity of the person. At the hearing, the eligible person shall have the right to make a statement on his or her own behalf. (i) Only upon motion for good cause shall the date for the Prisoner Review Board hearing, as set by subsection (b) of this Section, be changed. No less than 15 days prior to the hearing, the Prisoner Review Board shall notify the victim or victim representative, the attorney, and the eligible person of the exact date and time of the hearing. All hearings shall be open to the public. (j) The Prisoner Review Board shall not parole the eligible person if it determines that: (1) there is a substantial risk that the eligible | ||
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(2) the eligible person's release at that time would | ||
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(3) the eligible person's release would have a | ||
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In considering the factors affecting the release determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner Review Board panel shall consider the diminished culpability of youthful offenders, the hallmark features of youth, and any subsequent growth and maturity of the youthful offender during incarceration. (k) Unless denied parole under subsection (j) of this Section and subject to the provisions of Section 3-3-9 of this Code: (1) the eligible person serving a sentence for any non-first degree murder offense or offenses, shall be released on parole which shall operate to discharge any remaining term of years sentence imposed upon him or her, notwithstanding any required mandatory supervised release period the eligible person is required to serve; and (2) the eligible person serving a sentence for any first degree murder offense, shall be released on mandatory supervised release for a period of 10 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years sentence imposed upon him or her, however in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as sent forth in Section 5-4.5-20. (l) If the Prisoner Review Board denies parole after conducting the hearing under
subsection (j) of this Section, it shall issue a written decision which states the
rationale for denial, including the primary factors considered. This decision shall
be provided to the eligible person and his or her counsel within 30 days. (m) A person denied parole under subsection (j) of this Section, who is not
serving a sentence for either first degree murder or aggravated criminal sexual
assault, shall be eligible for a second parole review by the Prisoner Review Board
5 years after the written decision under subsection (l) of this Section; a person
denied parole under subsection (j) of this Section, who is serving a sentence or
sentences for first degree murder or aggravated criminal sexual assault shall be
eligible for a second and final parole review by the Prisoner Review Board 10
years after the written decision under subsection (k) of this Section. The
procedures for a second parole review shall be governed by subsections (c)
through (k) of this Section. (n) A person denied parole under subsection (m) of this Section, who is not
serving a sentence for either first degree murder or aggravated criminal sexual
assault, shall be eligible for a third and final parole review by the Prisoner Review
Board 5 years after the written decision under subsection (l) of this Section. The
procedures for the third and final parole review shall be governed by subsections
(c) through (k) of this Section. (o) Notwithstanding anything else to the contrary in this Section, nothing in this Section shall be construed to delay parole or mandatory supervised release consideration for petitioners who are or will be eligible for release earlier than this Section provides. Nothing in this Section shall be construed as a limit, substitution, or bar on a person's right to sentencing relief, or any other manner of relief, obtained by order of a court in proceedings other than as provided in this Section.
(Source: P.A. 101-288, eff. 1-1-20; 102-1128, eff. 1-1-24.) |
(730 ILCS 5/5-4.5-990)
Sec. 5-4.5-990. PRIOR LAW; OTHER ACTS; PRIOR SENTENCING. (a) This Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly consolidate and unify certain criminal sentencing provisions and make conforming changes in the law. (b) A provision of this Article 4.5 or any other provision of this amendatory Act of the 95th General Assembly that is the same or substantially the same as a prior law shall be construed as a continuation of the prior law and not as a new or different law. (c) A citation in this Code or in another Act to a provision consolidated or unified in this Article 4.5 or to any other provision consolidated or unified in this amendatory Act of the 95th General Assembly shall be construed to be a citation to that consolidated or unified provision. (d) If any other Act of the General Assembly changes, adds, or repeals a provision of prior law that is consolidated or unified in this Article 4.5 or in any other provision of this amendatory Act of the 95th General Assembly, then that change, addition, or repeal shall be construed together with this Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly. (e) Sentencing for any violation of the law occurring before the effective date of this amendatory Act of the 95th General Assembly is not affected or abated by this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/Ch. V Art. 5 heading) ARTICLE 5.
AUTHORIZED DISPOSITIONS
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(730 ILCS 5/5-5-1)
Sec. 5-5-1. (Repealed).
(Source: P.A. 84-1450. Repealed by P.A. 95-1052, eff. 7-1-09.)
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(730 ILCS 5/5-5-2)
Sec. 5-5-2. (Repealed).
(Source: P.A. 80-1099. Repealed by P.A. 95-1052, eff. 7-1-09.)
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(730 ILCS 5/5-5-3) (Text of Section before amendment by P.A. 103-825) Sec. 5-5-3. Disposition. (a) (Blank). (b) (Blank). (c)(1) (Blank). (2) A period of probation, a term of periodic imprisonment or
conditional discharge shall not be imposed for the following offenses.
The court shall sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following offenses, and
may order a fine or restitution or both in conjunction with such term of
imprisonment: (A) First degree murder. (B) Attempted first degree murder. (C) A Class X felony. (D) A violation of Section 401.1 or 407 of the | ||
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(D-5) A violation of subdivision (c)(1) of Section | ||
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(E) (Blank). (F) A Class 1 or greater felony if the offender had | ||
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(F-3) A Class 2 or greater felony sex offense or | ||
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(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||
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(G) Residential burglary, except as otherwise | ||
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(H) Criminal sexual assault. (I) Aggravated battery of a senior citizen as | ||
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(J) A forcible felony if the offense was related to | ||
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Before July 1, 1994, for the purposes of this | ||
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Beginning July 1, 1994, for the purposes of this | ||
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(K) Vehicular hijacking. (L) A second or subsequent conviction for the offense | ||
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(M) A second or subsequent conviction for the offense | ||
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(N) A Class 3 felony violation of paragraph (1) of | ||
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(O) A violation of Section 12-6.1 or 12-6.5 of the | ||
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(P) A violation of paragraph (1), (2), (3), (4), (5), | ||
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(P-5) A violation of paragraph (6) of subsection (a) | ||
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(Q) A violation of subsection (b) or (b-5) of Section | ||
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(R) A violation of Section 24-3A of the Criminal Code | ||
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(S) (Blank). (T) (Blank). (U) A second or subsequent violation of Section 6-303 | ||
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(V) A violation of paragraph (4) of subsection (c) | ||
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(W) A violation of Section 24-3.5 of the Criminal | ||
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(X) A violation of subsection (a) of Section 31-1a | ||
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(Y) A conviction for unlawful possession of a | ||
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(Z) A Class 1 felony committed while he or she was | ||
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(AA) Theft of property exceeding $500,000 and not | ||
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(BB) Laundering of criminally derived property of a | ||
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(CC) Knowingly selling, offering for sale, holding | ||
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(DD) A conviction for aggravated assault under | ||
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(EE) A conviction for a violation of paragraph (2) of | ||
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(3) (Blank). (4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be imposed for a
violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code. (4.1) (Blank). (4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a
minimum of
100 hours of community service shall be imposed for a second violation of
Section 6-303
of the Illinois Vehicle Code. (4.3) A minimum term of imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code. (4.4) Except as provided in paragraphs
(4.5), (4.6), and (4.9) of this
subsection (c), a
minimum term of imprisonment of 30 days or 300 hours of community service, as
determined by the court, shall
be imposed
for a third or subsequent violation of Section 6-303 of the Illinois Vehicle
Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code. (4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a
fourth or subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code. (4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to: (A) a period of conditional discharge; (B) a fine; (C) make restitution to the victim under Section | ||
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(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or privileges
suspended for at least 90 days but not more than one year, if the violation
resulted in damage to the property of another person. (5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code
shall have his or her driver's license, permit, or privileges suspended for at
least 180 days but not more than 2 years, if the violation resulted in injury
to
another person. (5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation resulted in the
death of another person. (5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100. (5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.
(6) (Blank). (7) (Blank). (8) (Blank). (9) A defendant convicted of a second or subsequent offense of ritualized
abuse of a child may be sentenced to a term of natural life imprisonment. (10) (Blank). (11) The court shall impose a minimum fine of $1,000 for a first offense
and $2,000 for a second or subsequent offense upon a person convicted of or
placed on supervision for battery when the individual harmed was a sports
official or coach at any level of competition and the act causing harm to the
sports
official or coach occurred within an athletic facility or within the immediate vicinity
of the athletic facility at which the sports official or coach was an active
participant
of the athletic contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an athletic contest
who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the sanctioning
authority that conducted the sporting event. (12) A person may not receive a disposition of court supervision for a
violation of Section 5-16 of the Boat Registration and Safety Act if that
person has previously received a disposition of court supervision for a
violation of that Section.
(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court. The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is vacated,
the case shall be remanded to the trial court. The trial court shall
hold a hearing under Section 5-4-1 of this Code
which may include evidence of the defendant's life, moral character and
occupation during the time since the original sentence was passed. The
trial court shall then impose sentence upon the defendant. The trial
court may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this Code.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the
existence of a fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial. (e) In cases where prosecution for
aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant
who was a family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where: (1) the court finds (A) or (B) or both are | ||
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(A) the defendant is willing to undergo a court | ||
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(B) the defendant is willing to participate in a | ||
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(i) removal from the household; (ii) restricted contact with the victim; (iii) continued financial support of the | ||
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(iv) restitution for harm done to the victim; | ||
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(v) compliance with any other measures that | ||
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(2) the court orders the defendant to pay for the | ||
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Probation may be revoked or modified pursuant to Section 5-6-4; except
where the court determines at the hearing that the defendant violated a
condition of his or her probation restricting contact with the victim or
other family members or commits another offense with the victim or other
family members, the court shall revoke the defendant's probation and
impose a term of imprisonment. For the purposes of this Section, "family member" and "victim" shall have
the meanings ascribed to them in Section 11-0.1 of the Criminal Code of
2012. (f) (Blank). (g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012,
the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency syndrome
(AIDS). Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the conviction was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of the test results. The court shall
also notify the victim if requested by the victim, and if the victim is under
the age of 15 and if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of the test
results.
The court shall provide information on the availability of HIV testing
and counseling at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible.
The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against the convicted
defendant. (g-5) When an inmate is tested for an airborne communicable disease, as
determined by the Illinois Department of Public Health, including, but not
limited to, tuberculosis, the results of the test shall be
personally delivered by the warden or his or her designee in a sealed envelope
to the judge of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to prevent transmission
of the disease in the courtroom. (h) Whenever a defendant is convicted of an offense under Section 1 or 2
of the Hypodermic Syringes and Needles Act, the defendant shall undergo
medical testing to determine whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by
law, the results of such test shall be kept strictly confidential by all
medical personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction was entered
for the judge's inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The court shall
notify the defendant of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide information on the
availability of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are revealed and
shall direct the State's Attorney to provide the information to the victim when
possible. The court shall order that the cost of any
such test shall be paid by the county and may be taxed as costs against the
convicted defendant. (i) All fines and penalties imposed under this Section for any violation
of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation
of the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit
clerk as provided under the Criminal and Traffic Assessment Act. (j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act,
any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the Child Care
Act of 1969, a public or private elementary or secondary school, or otherwise
works with children under 18 years of age on a daily basis. When a defendant
is so employed, the court shall order the Clerk of the Court to send a copy of
the judgment of conviction or order of supervision or probation to the
defendant's employer by certified mail.
If the employer of the defendant is a school, the Clerk of the Court shall
direct the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional superintendent of schools.
The regional superintendent of schools shall notify the State Board of
Education of any notification under this subsection. (j-5) A defendant at least 17 years of age who is convicted of a felony and
who has not been previously convicted of a misdemeanor or felony and who is
sentenced to a term of imprisonment in the Illinois Department of Corrections
shall as a condition of his or her sentence be required by the court to attend
educational courses designed to prepare the defendant for a high school diploma
and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational training
required by his or her sentence during the term of incarceration, the Prisoner
Review Board shall, as a condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing. The Prisoner Review Board shall
revoke the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release term; however,
the inability of the defendant after making a good faith effort to obtain
financial aid or pay for the educational training shall not be deemed a wilful
failure to comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under this subsection
(j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by
the court to be a person with a developmental disability or otherwise mentally incapable of
completing the educational or vocational program. (k) (Blank). (l)(A) Except as provided
in paragraph (C) of subsection (l), whenever a defendant,
who is not a citizen or national of the United States, is convicted
of any felony or misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported when: (1) a final order of deportation has been issued | ||
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(2) the deportation of the defendant would not | ||
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Otherwise, the defendant shall be sentenced as provided in this Chapter V. (B) If the defendant has already been sentenced for a felony or
misdemeanor
offense, or has been placed on probation under Section 10 of the Cannabis
Control Act,
Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court
may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the Attorney General
of the United States or his or her designated agent when: (1) a final order of deportation has been issued | ||
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(2) the deportation of the defendant would not | ||
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(C) This subsection (l) does not apply to offenders who are subject to the
provisions of paragraph (2) of subsection (a) of Section 3-6-3. (D) Upon motion of the State's Attorney, if a defendant sentenced under
this Section returns to the jurisdiction of the United States, the defendant
shall be recommitted to the custody of the county from which he or she was
sentenced.
Thereafter, the defendant shall be brought before the sentencing court, which
may impose any sentence that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be eligible for
additional earned sentence credit as provided under
Section 3-6-3. (m) A person convicted of criminal defacement of property under Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300
and the property damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or painting over the
defacement. (n) The court may sentence a person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for that program
under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act. (o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an annual basis in accordance with the provisions of license renewal established by the Secretary of State.
(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-825) Sec. 5-5-3. Disposition. (a) (Blank). (b) (Blank). (c)(1) (Blank). (2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment: (A) First degree murder. (B) Attempted first degree murder. (C) A Class X felony. (D) A violation of Section 401.1 or 407 of the | ||
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(D-5) A violation of subdivision (c)(1) of Section | ||
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(E) (Blank). (F) A Class 1 or greater felony if the offender had | ||
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(F-3) A Class 2 or greater felony sex offense or | ||
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(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||
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(G) Residential burglary, except as otherwise | ||
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(H) Criminal sexual assault. (I) Aggravated battery of a senior citizen as | ||
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(J) A forcible felony if the offense was related to | ||
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Before July 1, 1994, for the purposes of this | ||
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Beginning July 1, 1994, for the purposes of this | ||
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(K) Vehicular hijacking. (L) A second or subsequent conviction for the offense | ||
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(M) A second or subsequent conviction for the offense | ||
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(N) A Class 3 felony violation of paragraph (1) of | ||
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(O) A violation of Section 12-6.1 or 12-6.5 of the | ||
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(P) A violation of paragraph (1), (2), (3), (4), (5), | ||
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(P-5) A violation of paragraph (6) of subsection (a) | ||
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(P-6) A violation of paragraph (2) of subsection (b) | ||
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(Q) A violation of subsection (b) or (b-5) of Section | ||
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(R) A violation of Section 24-3A of the Criminal Code | ||
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(S) (Blank). (T) (Blank). (U) A second or subsequent violation of Section 6-303 | ||
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(V) A violation of paragraph (4) of subsection (c) of | ||
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(V-5) A violation of paragraph (1) of subsection (b) | ||
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(W) A violation of Section 24-3.5 of the Criminal | ||
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(X) A violation of subsection (a) of Section 31-1a of | ||
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(Y) A conviction for unlawful possession of a firearm | ||
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(Z) A Class 1 felony committed while he or she was | ||
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(AA) Theft of property exceeding $500,000 and not | ||
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(BB) Laundering of criminally derived property of a | ||
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(CC) Knowingly selling, offering for sale, holding | ||
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(DD) A conviction for aggravated assault under | ||
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(EE) A conviction for a violation of paragraph (2) of | ||
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(3) (Blank). (4) A minimum term of imprisonment of not less than 10 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code. (4.1) (Blank). (4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6-303 of the Illinois Vehicle Code. (4.3) A minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, shall be imposed for a second violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code. (4.4) Except as provided in paragraphs (4.5), (4.6), and (4.9) of this subsection (c), a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, shall be imposed for a third or subsequent violation of Section 6-303 of the Illinois Vehicle Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (4.5) A minimum term of imprisonment of 30 days shall be imposed for a third violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code. (4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code. (4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section. (4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison. (4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life. (4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life. (5) The court may sentence a corporation or unincorporated association convicted of any offense to: (A) a period of conditional discharge; (B) a fine; (C) make restitution to the victim under Section | ||
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(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for at least 90 days but not more than one year, if the violation resulted in damage to the property of another person. (5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for at least 180 days but not more than 2 years, if the violation resulted in injury to another person. (5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person. (5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100. (5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100. (6) (Blank). (7) (Blank). (8) (Blank). (9) A defendant convicted of a second or subsequent offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment. (10) (Blank). (11) The court shall impose a minimum fine of $1,000 for a first offense and $2,000 for a second or subsequent offense upon a person convicted of or placed on supervision for battery when the individual harmed was a sports official or coach at any level of competition and the act causing harm to the sports official or coach occurred within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or coach was an active participant of the athletic contest held at the athletic facility. For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the sporting event. (12) A person may not receive a disposition of court supervision for a violation of Section 5-16 of the Boat Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section. (13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court. The costs of such classes shall be paid by the offender. (d) In any case in which a sentence originally imposed is vacated, the case shall be remanded to the trial court. The trial court shall hold a hearing under Section 5-4-1 of this Code which may include evidence of the defendant's life, moral character and occupation during the time since the original sentence was passed. The trial court shall then impose sentence upon the defendant. The trial court may impose any sentence which could have been imposed at the original trial subject to Section 5-5-4 of this Code. If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial. (e) In cases where prosecution for aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and may impose a sentence of probation only where: (1) the court finds (A) or (B) or both are | ||
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(A) the defendant is willing to undergo a court | ||
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(B) the defendant is willing to participate in a | ||
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(i) removal from the household; (ii) restricted contact with the victim; (iii) continued financial support of the | ||
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(iv) restitution for harm done to the victim; | ||
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(v) compliance with any other measures that | ||
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(2) the court orders the defendant to pay for the | ||
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Probation may be revoked or modified pursuant to Section 5-6-4; except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant's probation and impose a term of imprisonment. For the purposes of this Section, "family member" and "victim" shall have the meanings ascribed to them in Section 11-0.1 of the Criminal Code of 2012. (f) (Blank). (g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant's person. Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of the test results. The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or legal guardian of the test results. The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health, including, but not limited to, tuberculosis, the results of the test shall be personally delivered by the warden or his or her designee in a sealed envelope to the judge of the court in which the inmate must appear for the judge's inspection in camera if requested by the judge. Acting in accordance with the best interests of those in the courtroom, the judge shall have the discretion to determine what if any precautions need to be taken to prevent transmission of the disease in the courtroom. (h) Whenever a defendant is convicted of an offense under Section 1 or 2 of the Hypodermic Syringes and Needles Act, the defendant shall undergo medical testing to determine whether the defendant has been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of a positive test showing an infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (i) All fines and penalties imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act. (j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis. When a defendant is so employed, the court shall order the Clerk of the Court to send a copy of the judgment of conviction or order of supervision or probation to the defendant's employer by certified mail. If the employer of the defendant is a school, the Clerk of the Court shall direct the mailing of a copy of the judgment of conviction or order of supervision or probation to the appropriate regional superintendent of schools. The regional superintendent of schools shall notify the State Board of Education of any notification under this subsection. (j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program offered by the Department of Corrections. If a defendant fails to complete the educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of high school equivalency testing. The Prisoner Review Board shall revoke the mandatory supervised release of a defendant who wilfully fails to comply with this subsection (j-5) upon his or her release from confinement in a penal institution while serving a mandatory supervised release term; however, the inability of the defendant after making a good faith effort to obtain financial aid or pay for the educational training shall not be deemed a wilful failure to comply. The Prisoner Review Board shall recommit the defendant whose mandatory supervised release term has been revoked under this subsection (j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by the court to be a person with a developmental disability or otherwise mentally incapable of completing the educational or vocational program. (k) (Blank). (l)(A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is not a citizen or national of the United States, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State's Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when: (1) a final order of deportation has been issued | ||
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(2) the deportation of the defendant would not | ||
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Otherwise, the defendant shall be sentenced as provided in this Chapter V. (B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when: (1) a final order of deportation has been issued | ||
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(2) the deportation of the defendant would not | ||
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(C) This subsection (l) does not apply to offenders who are subject to the provisions of paragraph (2) of subsection (a) of Section 3-6-3. (D) Upon motion of the State's Attorney, if a defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5-5-3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional earned sentence credit as provided under Section 3-6-3. (m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300 and the property damaged is a school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement. (n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined in the Substance Use Disorder Act, to a treatment program licensed under that Act. (o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an annual basis in accordance with the provisions of license renewal established by the Secretary of State. (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 1-1-24; 103-825, eff. 1-1-25.) |
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in mitigation.
(a) The following
grounds shall be accorded weight in favor of withholding or
minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused | ||
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(2) The defendant did not contemplate that his | ||
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(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse | ||
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(5) The defendant's criminal conduct was induced or | ||
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(6) The defendant has compensated or will compensate | ||
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(7) The defendant has no history of prior delinquency | ||
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(8) The defendant's criminal conduct was the result | ||
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(9) The character and attitudes of the defendant | ||
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(10) The defendant is particularly likely to comply | ||
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(11) (Blank).
(12) The imprisonment of the defendant would endanger | ||
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(13) The defendant was a person with an intellectual | ||
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(14) The defendant sought or obtained emergency | ||
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(15) At the time of the offense, the defendant is or | ||
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(16) At the time of the offense, the defendant was | ||
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(17) At the time of the offense, the defendant was | ||
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"Post-partum depression" means a mood disorder | ||
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"Post-partum psychosis" means an extreme form of | ||
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(18) The defendant is pregnant or is the parent of a | ||
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(A) that the parent is breastfeeding the child; (B) the age of the child, with strong | ||
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(C) the role of the parent in the day-to-day | ||
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(D) the relationship of the parent and the child; (E) any special medical, educational, or | ||
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(F) the role of the parent in the financial | ||
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(G) the likelihood that the child will be | ||
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(H) the best interest of the child. Under this Section, the defendant shall have the | ||
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(19) The defendant serves as the caregiver for a | ||
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(b) If the court, having due regard for the character of the
offender, the nature and circumstances of the offense and the
public interest finds that a sentence of imprisonment is the
most appropriate disposition of the offender, or where other
provisions of this Code mandate the imprisonment of the offender,
the grounds listed in paragraph (a) of this subsection shall be
considered as factors in mitigation of the term imposed.
(Source: P.A. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22.) |
(730 ILCS 5/5-5-3.2) (Text of Section from P.A. 102-982) Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V: (1) the defendant's conduct caused or threatened | ||
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(2) the defendant received compensation for | ||
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(3) the defendant has a history of prior delinquency | ||
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(4) the defendant, by the duties of his office or by | ||
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(5) the defendant held public office at the time of | ||
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(6) the defendant utilized his professional | ||
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(7) the sentence is necessary to deter others from | ||
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(8) the defendant committed the offense against a | ||
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(9) the defendant committed the offense against a | ||
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(10) by reason of another individual's actual or | ||
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(11) the offense took place in a place of worship or | ||
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(12) the defendant was convicted of a felony | ||
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(13) the defendant committed or attempted to commit a | ||
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(14) the defendant held a position of trust or | ||
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(15) the defendant committed an offense related to | ||
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(16) the defendant committed an offense in violation | ||
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(16.5) the defendant committed an offense in | ||
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(17) the defendant committed the offense by reason of | ||
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(18) the defendant committed the offense in a nursing | ||
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(19) the defendant was a federally licensed firearm | ||
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(20) the defendant (i) committed the offense of | ||
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(21) the defendant (i) committed the offense of | ||
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(22) the defendant committed the offense against a | ||
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(23) the defendant committed the offense against a | ||
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(24) the defendant committed any offense under | ||
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(25) the defendant committed the offense while the | ||
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(26) the defendant committed the offense of child | ||
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(27) the defendant committed the offense of first | ||
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(28) the defendant committed the offense of assault, | ||
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(29) the defendant committed the offense of criminal | ||
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(30) the defendant committed the offense of promoting | ||
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(31) the defendant (i) committed the offense of | ||
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(32) the defendant committed the offense of reckless | ||
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(33) the defendant was found guilty of an | ||
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(34) the defendant committed the offense of leaving | ||
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For the purposes of this Section: "School" is defined as a public or private elementary or secondary school, community college, college, or university. "Day care center" means a public or private State certified and licensed day care center as defined in Section 2.09 of the Child Care Act of 1969 that displays a sign in plain view stating that the property is a day care center. "Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently with impairment in adaptive behavior. "Public transportation" means the transportation or conveyance of persons by means available to the general public, and includes paratransit services. "Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offender: (1) When a defendant is convicted of any felony, | ||
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(2) When a defendant is convicted of any felony and | ||
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(3) When a defendant is convicted of any felony | ||
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(i) a person under 12 years of age at the time of | ||
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(ii) a person 60 years of age or older at the | ||
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(iii) a person who had a physical disability at | ||
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(4) When a defendant is convicted of any felony and | ||
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(i) the brutalizing or torturing of humans or | ||
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(ii) the theft of human corpses; (iii) the kidnapping of humans; (iv) the desecration of any cemetery, religious, | ||
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(v) ritualized abuse of a child; or (5) When a defendant is convicted of a felony other | ||
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(6) When a defendant is convicted of an offense | ||
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(7) When a defendant who was at least 17 years of age | ||
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(8) When a defendant commits any felony and the | ||
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(9) When a defendant commits any felony and the | ||
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(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses: (1) When a defendant is convicted of first degree | ||
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(1.5) When a defendant is convicted of first degree | ||
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(2) When a defendant is convicted of voluntary | ||
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(3) When a defendant is convicted of aggravated | ||
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(4) If the victim was under 18 years of age at the | ||
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(5) When a defendant is convicted of a felony | ||
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(6) When a defendant was convicted of unlawful use of | ||
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(7) When a defendant is convicted of an offense | ||
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(8) When the defendant is convicted of attempted mob | ||
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(d) For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol. (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21; 102-982, eff. 7-1-23.) (Text of Section from P.A. 103-822) Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V: (1) the defendant's conduct caused or threatened | ||
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(2) the defendant received compensation for | ||
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(3) the defendant has a history of prior delinquency | ||
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(4) the defendant, by the duties of his office or by | ||
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(5) the defendant held public office at the time of | ||
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(6) the defendant utilized his professional | ||
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(7) the sentence is necessary to deter others from | ||
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(8) the defendant committed the offense against a | ||
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(9) the defendant committed the offense against a | ||
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(10) by reason of another individual's actual or | ||
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(11) the offense took place in a place of worship or | ||
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(12) the defendant was convicted of a felony | ||
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(13) the defendant committed or attempted to commit a | ||
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(14) the defendant held a position of trust or | ||
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(15) the defendant committed an offense related to | ||
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(16) the defendant committed an offense in violation | ||
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(16.5) the defendant committed an offense in | ||
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(17) the defendant committed the offense by reason of | ||
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(18) the defendant committed the offense in a nursing | ||
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(19) the defendant was a federally licensed firearm | ||
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(20) the defendant (i) committed the offense of | ||
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(21) the defendant (i) committed the offense of | ||
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(22) the defendant committed the offense against a | ||
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(23) the defendant committed the offense against a | ||
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(24) the defendant committed any offense under | ||
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(25) the defendant committed the offense while the | ||
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(26) the defendant committed the offense of child | ||
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(27) the defendant committed the offense of first | ||
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(28) the defendant committed the offense of assault, | ||
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(29) the defendant committed the offense of criminal | ||
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(30) the defendant committed the offense of promoting | ||
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(31) the defendant (i) committed the offense of | ||
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(32) the defendant committed the offense of reckless | ||
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(33) the defendant was found guilty of an | ||
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(34) the defendant committed the offense of leaving | ||
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For the purposes of this Section: "School" is defined as a public or private elementary or secondary school, community college, college, or university. "Day care center" means a public or private State certified and licensed day care center as defined in Section 2.09 of the Child Care Act of 1969 that displays a sign in plain view stating that the property is a day care center. "Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently with impairment in adaptive behavior. "Public transportation" means the transportation or conveyance of persons by means available to the general public, and includes paratransit services. "Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offender: (1) When a defendant is convicted of any felony, | ||
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(2) When a defendant is convicted of any felony and | ||
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(3) When a defendant is convicted of any felony | ||
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(i) a person under 12 years of age at the time of | ||
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(ii) a person 60 years of age or older at the | ||
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(iii) a person who had a physical disability at | ||
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(4) When a defendant is convicted of any felony and | ||
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(i) the brutalizing or torturing of humans or | ||
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(ii) the theft of human corpses; (iii) the kidnapping of humans; (iv) the desecration of any cemetery, religious, | ||
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(v) ritualized abuse of a child; or (5) When a defendant is convicted of a felony other | ||
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(6) When a defendant is convicted of an offense | ||
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(7) When a defendant who was at least 17 years of age | ||
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(8) When a defendant commits any felony and the | ||
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(9) When a defendant commits any felony and the | ||
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(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses: (1) When a defendant is convicted of first degree | ||
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(1.5) When a defendant is convicted of first degree | ||
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(2) When a defendant is convicted of voluntary | ||
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(3) When a defendant is convicted of aggravated | ||
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(4) If the victim was under 18 years of age at the | ||
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(5) When a defendant is convicted of a felony | ||
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(6) When a defendant was convicted of unlawful | ||
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(7) When a defendant is convicted of an offense | ||
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(8) When the defendant is convicted of attempted mob | ||
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(d) For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol. (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; 103-822, eff. 1-1-25.) (Text of Section from P.A. 103-825) Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V: (1) the defendant's conduct caused or threatened | ||
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(2) the defendant received compensation for | ||
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(3) the defendant has a history of prior delinquency | ||
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(4) the defendant, by the duties of his office or by | ||
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(5) the defendant held public office at the time of | ||
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(6) the defendant utilized his professional | ||
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(7) the sentence is necessary to deter others from | ||
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(8) the defendant committed the offense against a | ||
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(9) the defendant committed the offense against a | ||
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(10) by reason of another individual's actual or | ||
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(11) the offense took place in a place of worship or | ||
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(12) the defendant was convicted of a felony | ||
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(13) the defendant committed or attempted to commit a | ||
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(14) the defendant held a position of trust or | ||
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(15) the defendant committed an offense related to | ||
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(16) the defendant committed an offense in violation | ||
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(16.5) the defendant committed an offense in | ||
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(17) the defendant committed the offense by reason of | ||
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(18) the defendant committed the offense in a nursing | ||
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(19) the defendant was a federally licensed firearm | ||
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(20) the defendant (i) committed the offense of | ||
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(21) the defendant (i) committed the offense of | ||
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(22) the defendant committed the offense against a | ||
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(23) the defendant committed the offense against a | ||
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(24) the defendant committed any offense under | ||
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(25) the defendant committed the offense while the | ||
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(26) the defendant committed the offense of child | ||
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(26.5) the defendant committed the offense of obscene | ||
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(27) the defendant committed the offense of first | ||
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(28) the defendant committed the offense of assault, | ||
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(29) the defendant committed the offense of criminal | ||
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(30) the defendant committed the offense of promoting | ||
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(31) the defendant (i) committed the offense of | ||
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(32) the defendant committed the offense of reckless | ||
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(33) the defendant was found guilty of an | ||
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(34) the defendant committed the offense of leaving | ||
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For the purposes of this Section: "School" is defined as a public or private elementary or secondary school, community college, college, or university. "Day care center" means a public or private State certified and licensed day care center as defined in Section 2.09 of the Child Care Act of 1969 that displays a sign in plain view stating that the property is a day care center. "Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently with impairment in adaptive behavior. "Public transportation" means the transportation or conveyance of persons by means available to the general public, and includes paratransit services. "Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offender: (1) When a defendant is convicted of any felony, | ||
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(2) When a defendant is convicted of any felony and | ||
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(3) When a defendant is convicted of any felony | ||
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(i) a person under 12 years of age at the time of | ||
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(ii) a person 60 years of age or older at the | ||
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(iii) a person who had a physical disability at | ||
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(4) When a defendant is convicted of any felony and | ||
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(i) the brutalizing or torturing of humans or | ||
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(ii) the theft of human corpses; (iii) the kidnapping of humans; (iv) the desecration of any cemetery, religious, | ||
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(v) ritualized abuse of a child; or (5) When a defendant is convicted of a felony other | ||
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(6) When a defendant is convicted of an offense | ||
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(7) When a defendant who was at least 17 years of age | ||
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(8) When a defendant commits any felony and the | ||
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(9) When a defendant commits any felony and the | ||
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(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses: (1) When a defendant is convicted of first degree | ||
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(1.5) When a defendant is convicted of first degree | ||
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(2) When a defendant is convicted of voluntary | ||
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(3) When a defendant is convicted of aggravated | ||
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(4) If the victim was under 18 years of age at the | ||
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(5) When a defendant is convicted of a felony | ||
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(6) When a defendant was convicted of unlawful use of | ||
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(7) When a defendant is convicted of an offense | ||
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(8) When the defendant is convicted of attempted mob | ||
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(d) For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol. (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; 103-825, eff. 1-1-25.) |
(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
Sec. 5-5-4. Resentences.
(a) Where a conviction or sentence has been set aside on direct review
or on collateral attack, the court shall not impose a new sentence for the same
offense or for a different offense based on the same conduct which is more
severe than the prior sentence less the portion of the prior sentence
previously satisfied unless the more severe sentence is based upon conduct
on the part of the defendant occurring after the original sentencing.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction) necessary to increase
the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(b) If a conviction or sentence has been set aside on direct review or on
collateral attack and
the court determines by clear and convincing evidence that the defendant was
factually innocent of the
charge, the court shall enter an order expunging the record of arrest from the
official records of the
arresting authority and order that the records of the clerk of the circuit
court and Illinois State Police be sealed until further order of the court upon good cause shown
or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts Act in connection
with the arrest and
conviction for the offense but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. The court shall enter the expungement order regardless of whether the defendant has prior criminal convictions.
All records sealed by the Illinois State Police may be
disseminated by the Department only as required by law or to the arresting
authority, the State's Attorney, the court upon a later arrest for the same or
similar offense, or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual.
Upon entry of the order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person whose records were expunged and
sealed. (c) If a conviction has been vacated as a result of a claim of actual innocence based on newly discovered evidence made under Section 122-1 of the Code of Criminal Procedure of 1963 or Section 2-1401 of the Code of Civil Procedure, and the provisions of paragraphs (1) and (2) of subsection (g) of Section 2-702 of the Code of Civil Procedure are otherwise satisfied, the court shall enter an order for a certificate of innocence and an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.
(Source: P.A. 102-538, eff. 8-20-21.)
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(730 ILCS 5/5-5-4.1) (from Ch. 38, par. 1005-5-4.1)
Sec. 5-5-4.1.
Appeal.
The
defendant has the right of appeal in all cases from sentences
entered on conviction of first degree murder or any other Class of felony.
(Source: P.A. 84-1450.)
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(730 ILCS 5/5-5-4.2) (from Ch. 38, par. 1005-5-4.2)
Sec. 5-5-4.2.
Statewide Sentence Equalization
Procedures.) The Supreme Court may by rule, not inconsistent
with law, prescribe such practices and procedures as will
promote a uniformity and parity of sentences within and among
the various circuit courts and appellate court districts.
(Source: P.A. 80-1099.)
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(730 ILCS 5/5-5-4.3)
Sec. 5-5-4.3. (Repealed).
(Source: P.A. 95-1052, eff. 7-1-09. Repealed by P.A. 97-800, eff. 7-13-12.)
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(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) Sec. 5-5-5. Loss and restoration of rights. (a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended. (b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence. (b-5) Notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous crime for an offense committed on or after the effective date of this amendatory Act of the 103rd General Assembly and committed while he or she was serving as a public official in this State is ineligible to hold any local public office or any office created by the Constitution of this State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law. (c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment. (d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code. (e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion. (f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order. (g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense. (h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless: (1) there is a direct relationship between one or | ||
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(2) the issuance of the license would involve an | ||
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In making such a determination, the licensing agency shall consider the following factors: (1) the public policy of this State, as expressed in | ||
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(2) the specific duties and responsibilities | ||
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(3) the bearing, if any, the criminal offenses or | ||
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(4) the time which has elapsed since the occurrence | ||
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(5) the age of the person at the time of occurrence | ||
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(6) the seriousness of the offense or offenses; (7) any information produced by the person or | ||
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(8) the legitimate interest of the licensing agency | ||
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(i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts: (1) the Animal Welfare Act; except that a certificate | ||
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(2) the Illinois Athletic Trainers Practice Act; (3) the Barber, Cosmetology, Esthetics, Hair | ||
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(4) the Boiler and Pressure Vessel Repairer | ||
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(5) the Boxing and Full-contact Martial Arts Act; (6) the Illinois Certified Shorthand Reporters Act of | ||
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(7) the Illinois Farm Labor Contractor Certification | ||
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(8) the Registered Interior Designers Act; (9) the Illinois Professional Land Surveyor Act of | ||
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(10) the Landscape Architecture Registration Act; (11) the Marriage and Family Therapy Licensing Act; (12) the Private Employment Agency Act; (13) the Professional Counselor and Clinical | ||
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(14) the Real Estate License Act of 2000; (15) the Illinois Roofing Industry Licensing Act; (16) the Professional Engineering Practice Act of | ||
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(17) the Water Well and Pump Installation | ||
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(18) the Electrologist Licensing Act; (19) the Auction License Act; (20) the Illinois Architecture Practice Act of 1989; (21) the Dietitian Nutritionist Practice Act; (22) the Environmental Health Practitioner Licensing | ||
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(23) the Funeral Directors and Embalmers Licensing | ||
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(24) (blank); (25) the Professional Geologist Licensing Act; (26) the Illinois Public Accounting Act; and (27) the Structural Engineering Practice Act of 1989.(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.) |
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. 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 | ||
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(b) In fixing the amount of restitution to be paid in | ||
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(c) In cases where more than one defendant is | ||
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(1) In no event shall the victim be entitled to | ||
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(2) As between the defendants, the court may | ||
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(3) In the absence of a specific order | ||
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(4) As between the defendants, each defendant | ||
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(d) In instances where a defendant has more than one | ||
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(e) The court may require the defendant to apply the | ||
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(f) Taking into consideration the ability of the | ||
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(f-1)(1) In addition to any other penalty prescribed | ||
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(2) The victim's estimate of long-term physical | ||
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(3) After a sentencing order has been entered, the | ||
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(g) In addition to the sentences provided for in | ||
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The payments shall be made by the defendant to the | ||
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(h) The judge may enter an order of withholding to | ||
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(i) A sentence of restitution may be modified or | ||
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(j) The procedure upon the filing of a Petition to | ||
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(k) Nothing contained in this Section shall preclude | ||
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(l) Restitution ordered under this Section shall not | ||
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(m) A restitution order under this Section is a | ||
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(1) Attaches to the property of the person | ||
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(2) May be perfected in the same manner as | ||
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(3) May be enforced to satisfy any payment that | ||
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(4) Expires in the same manner as a judgment lien | ||
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When a restitution order is issued under this | ||
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(n) An order of restitution under this Section does | ||
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(1) Damages that the court did not require the | ||
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(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. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
Sec. 5-5-7.
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
penal,
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.)
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(730 ILCS 5/5-5-8) (from Ch. 38, par. 1005-5-8)
Sec. 5-5-8.
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.)
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(730 ILCS 5/5-5-9) (from Ch. 38, par. 1005-5-9)
Sec. 5-5-9.
Community service.
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.)
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(730 ILCS 5/5-5-10)
Sec. 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 shall 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. The court shall not impose a fee on a minor subject to Article V of the Juvenile Court Act of 1987 or the minor's parent, guardian, or legal custodian. Except for minors under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, 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 shall not impose a probation fee on a minor subject to the Juvenile Court Act of 1987, or on a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. In all other instances, 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. 103-379, eff. 7-28-23.)
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(730 ILCS 5/Ch. V Art. 5.5 heading) ARTICLE 5.5.
DISCRETIONARY RELIEF FROM FORFEITURES
AND DISABILITIES AUTOMATICALLY IMPOSED BY LAW
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(730 ILCS 5/5-5.5-5) Sec. 5-5.5-5. Definition. 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, Arsonist Registry 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. 103-609, eff. 7-1-24.) |
(730 ILCS 5/5-5.5-10)
Sec. 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
body,
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.)
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(730 ILCS 5/5-5.5-15)
Sec. 5-5.5-15. Certificates of relief from disabilities issued by courts.
(a) Any circuit court of this State may issue a
certificate of
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 | ||
| ||
(2) the relief to be granted by the certificate is | ||
| ||
(3) the relief to be granted by the certificate is | ||
| ||
(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
request.
(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.
As used in this subsection, "confidential" has the same meaning as in paragraph (3) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act. (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. 103-166, eff. 1-1-24.)
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(730 ILCS 5/5-5.5-20)
Sec. 5-5.5-20. (Repealed).
(Source: P.A. 93-207, eff. 1-1-04. Repealed by P.A. 96-852, eff. 1-1-10.)
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(730 ILCS 5/5-5.5-25)
Sec. 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-6)
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
rehabilitated.
(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.)
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(730 ILCS 5/5-5.5-30)
Sec. 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 | ||
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(2) the relief to be granted by the certificate is | ||
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(3) the relief to be granted is consistent with the | ||
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(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 | ||
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(2) the provisions of paragraphs (1), (2), and (3) of | ||
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(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.)
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(730 ILCS 5/5-5.5-35)
Sec. 5-5.5-35. Effect of revocation; use of revoked certificate.
(a) If a certificate of relief from disabilities is deemed to
be temporary and the certificate is revoked, disabilities and
forfeitures thereby relieved shall be reinstated as of the date
upon which the person to whom the certificate was issued receives
written notice of the revocation. Any such person shall upon
receipt of the notice surrender the certificate to the issuing
court.
(b) A person who knowingly uses or attempts to use a revoked
certificate of relief from disabilities in order to obtain or to
exercise any right or privilege that he or she would not be entitled to
obtain or to exercise without a valid certificate is guilty
of a Class A misdemeanor.
(Source: P.A. 96-852, eff. 1-1-10.)
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(730 ILCS 5/5-5.5-40)
Sec. 5-5.5-40. Forms and filing.
(a) All applications, certificates, and orders of
revocation necessary for the purposes of this Article shall be upon forms
prescribed by the
Chief Justice of the Supreme Court or his or her designee. The forms
relating to certificates of relief from disabilities and certificates of good conduct shall be distributed by
the Director of the Division of Probation Services.
(b) Any court or board issuing or revoking any certificate under
this Article shall immediately file a copy of the certificate or of the
order of revocation with the Director of the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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(730 ILCS 5/5-5.5-45)
Sec. 5-5.5-45.
Certificate not to be deemed to be a pardon.
Nothing contained in this Article shall be deemed to alter or
limit or affect the manner of applying for pardons to the
Governor, and no certificate issued under this Article shall be deemed or
construed to be a pardon.
(Source: P.A. 93-207, eff. 1-1-04.)
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(730 ILCS 5/5-5.5-50)
Sec. 5-5.5-50.
Report.
The Department of Professional Regulation
shall report to the General
Assembly by November 30 of each year, for each occupational licensure category,
the number of licensure applicants with felony convictions, the number of
applicants with certificates of relief from disabilities, the number of
licenses awarded
to applicants with felony convictions, the number of licenses awarded to
applicants with certificates of relief from disabilities, the number of
applicants with
felony convictions denied licenses, and the number of applicants with
certificates of relief from disabilities denied licenses.
(Source: P.A. 93-207, eff. 1-1-04.)
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(730 ILCS 5/Ch. V Art. 6 heading) ARTICLE 6.
SENTENCES OF PROBATION AND CONDITIONAL DISCHARGE
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of probation and of conditional
discharge and disposition of supervision.
The General Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system of
structured, intermediate sanctions for violations of the terms and conditions
of a sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence
of probation or conditional discharge upon an offender
unless, having regard to the nature and circumstance of
the offense, and to the history, character and condition
of the offender, the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is | ||
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(2) probation or conditional discharge would | ||
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(3) a combination of imprisonment with concurrent or | ||
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The court shall impose as a condition of a sentence of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-6-4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion
that neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply to a defendant charged with a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the defendant within the past 12 months has been convicted of or pleaded guilty to a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012. (c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision of the defendant,
if the defendant is not charged with: (i) a Class A misdemeanor, as
defined by the following provisions of the Criminal Code of 1961 or the Criminal Code of 2012: Sections
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section
24-1; (ii) a Class A misdemeanor violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or (iii)
a felony.
If the defendant
is not barred from receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after considering the
circumstances of the offense, and the history,
character and condition of the offender, if the court is of the opinion
that:
(1) the offender is not likely to commit further | ||
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(2) the defendant and the public would be best served | ||
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(3) in the best interests of justice an order of | ||
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(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(d) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of | ||
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(2) assigned supervision for a violation of Section | ||
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(3) pleaded guilty to or stipulated to the facts | ||
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The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this Section.
(e) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Section 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16-25 or | ||
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(2) assigned supervision for a violation of Section | ||
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(f) The provisions of paragraph (c) shall not apply to a defendant
charged with: (1) violating Sections 15-111, 15-112, 15-301, paragraph (b)
of Section 6-104, Section 11-605, paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a similar provision of a local ordinance; or (2) committing a Class A misdemeanor under subsection (c) of Section 11-907 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this Section, the
provisions of paragraph (c) shall not apply to a
defendant charged with violating Section
3-707, 3-708, 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar provision of a local ordinance if the
defendant has within the last 5 years been:
(1) convicted for a violation of Section 3-707, | ||
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(2) assigned supervision for a violation of Section | ||
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(h) The provisions of paragraph (c) shall not apply to a defendant under
the age of 21 years charged with violating a serious traffic offense as defined
in Section 1-187.001 of the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines, | ||
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(2) if the defendant has previously been sentenced | ||
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(h-1) The provisions of paragraph (c) shall not apply to a defendant under the age of 21 years charged with an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, unless the defendant, upon payment of the fines, penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has been assigned supervision
for a violation of Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
Section 6-303 of the Illinois Vehicle Code or a similar provision of
a local ordinance when the revocation or suspension was for a violation of
Section 11-501 or a similar provision of a local ordinance or a violation of
Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle
Code if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6-303 of the | ||
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(2) assigned supervision for a violation of Section | ||
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(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant's arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance.
The provisions of this paragraph (k) do not apply to a defendant charged with violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(l) (Blank).
(m) (Blank). (n)
The provisions of paragraph (c) shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant's parent or legal guardian, executed before the presiding judge. The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.
(o)
The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the suspension was for a violation of Section 11-501.1 of the Illinois Vehicle Code and when: (1) at the time of the violation of Section 11-501.1 | ||
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(2) at the time of the violation of Section 11-501.1 | ||
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(p) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance when the defendant has previously been: (1) convicted for a violation of Section 11-601.5 of | ||
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(2) assigned supervision for a violation of Section | ||
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(q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 or Section 11-601.5 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed that is 26 miles per hour or more in excess of the applicable maximum speed limit established under Chapter 11 of the Illinois Vehicle Code. (r) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance if the violation was the proximate cause of the death of another and the defendant's driving abstract contains a prior conviction or disposition of court supervision for any violation of the Illinois Vehicle Code, other than an equipment violation, or a suspension, revocation, or cancellation of the driver's license. (s) The provisions of paragraph (c) shall not apply to a defendant charged
with violating subsection (i) of Section 70 of the Firearm Concealed Carry Act. (Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.) |
(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
Sec. 5-6-2. Incidents of Probation and of Conditional Discharge.
(a) When an offender is sentenced to probation or conditional discharge,
the court shall impose a period as provided in Article 4.5 of Chapter V, and
shall specify the conditions under Section 5-6-3.
(b) Multiple terms of probation imposed at the same time shall run
concurrently.
(c) The court may at any time terminate probation or conditional
discharge if warranted by the conduct of the offender and the ends of
justice, as provided in Section 5-6-4.
(c-1) For purposes of this subsection (c-1), a "violent offense" means an offense in which bodily harm is inflicted or force is used against any person or threatened against any person; an offense involving sexual conduct, sexual penetration, or sexual exploitation; an offense involving domestic violence; an offense of domestic battery, violation of an order of protection, stalking, or hate crime; an offense of driving under the influence of drugs or alcohol; or an offense involving the possession of a firearm or dangerous weapon. An offender, other than an offender sentenced on a violent offense, shall be entitled to a time credit toward the completion of the offender's probation or conditional discharge as follows: (1) For obtaining a high school diploma or GED: 90 | ||
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(2) For obtaining an associate's degree, career | ||
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(3) For obtaining a bachelor's degree: 180 days. An offender's supervising officer shall promptly and as soon as practicable notify the court of the offender's right to time credits under this subsection (c-1). Upon receipt of this notification, the court shall enter an order modifying the offender's remaining period of probation or conditional discharge to reflect the time credit earned. If, before the expiration of the original period or a reduced period of probation or conditional discharge, the court, after a hearing under Section 5-6-4 of this Code, finds that an offender violated one or more conditions of probation or conditional discharge, the court may order that some or all of the time credit to which the offender is entitled under this Section be forfeited. (d) Upon the expiration or termination of the period of probation or
of conditional discharge, the court shall enter an order discharging the
offender.
(e) The court may extend any period of probation or conditional
discharge beyond the limits set forth in Article 4.5 of Chapter V
upon
a violation of a condition of the probation or conditional discharge, for the
payment of an assessment required by Section 10.3 of the
Cannabis Control Act, Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, or for the payment of restitution as
provided by an order of restitution under Section 5-5-6 of this Code. (e-5) If payment of restitution as ordered has not been made, the victim shall file a
petition notifying the sentencing court, any other person to whom restitution is owed, and
the State's Attorney of the status of the ordered restitution payments unpaid at least 90
days before the probation or conditional discharge expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date, unless the hearing
is voluntarily waived by the defendant with the knowledge that waiver may result in an
extension of the probation or conditional discharge period or in a revocation of probation or conditional discharge. If the court does not
extend probation or conditional discharge, it shall issue a judgment for the unpaid restitution and direct the clerk
of the circuit court to file and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment against the
defendant for the amount covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to the defendant at his or her last known
address written notification that a civil judgment has been issued for the unpaid
restitution. (f) The court may impose a term of probation that is concurrent or consecutive to a term of imprisonment so long as the maximum term imposed does not exceed the maximum term provided under Article 4.5 of Chapter V or Article 8 of this Chapter. The court may provide that probation may commence while an offender is on mandatory supervised release, participating in a day release program, or being monitored by an electronic monitoring device.
(g) The court may extend a term of probation or conditional discharge that was concurrent to, consecutive to, or otherwise interrupted by a term of imprisonment for the purpose of providing additional time to complete an order of restitution. (Source: P.A. 98-940, eff. 1-1-15; 98-953, eff. 1-1-15; 98-1114, eff. 8-26-14; 99-78, eff. 7-20-15.)
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(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) Sec. 5-6-3. Conditions of probation and of conditional discharge. (a) The conditions of probation and of conditional discharge shall be that the person: (1) not violate any criminal statute of any | ||
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(2) report to or appear in person before such person | ||
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(3) refrain from possessing a firearm or other | ||
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(4) not leave the State without the consent of the | ||
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(5) permit the probation officer to visit him at his | ||
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(6) perform no less than 30 hours of community | ||
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(7) if he or she is at least 17 years of age and has | ||
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(8) if convicted of possession of a substance | ||
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(8.5) if convicted of a felony sex offense as defined | ||
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(8.6) if convicted of a sex offense as defined in the | ||
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(8.7) if convicted for an offense committed on or | ||
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(8.8) if convicted for an offense under Section 11-6, | ||
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(i) not access or use a computer or any other | ||
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(ii) submit to periodic unannounced examinations | ||
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(iii) submit to the installation on the | ||
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(iv) submit to any other appropriate restrictions | ||
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(8.9) if convicted of a sex offense as defined in the | ||
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(9) if convicted of a felony or of any misdemeanor | ||
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(10) if convicted of a sex offense as defined in | ||
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(11) if convicted of a sex offense as defined in | ||
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(12) if convicted of a violation of the | ||
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(A) prohibited from purchasing, possessing, or | ||
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(B) prohibited from purchasing, possessing, or | ||
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(13) if convicted of a hate crime involving the | ||
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(b) The Court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the Court require that the person: (1) serve a term of periodic imprisonment under | ||
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(2) pay a fine and costs; (3) work or pursue a course of study or vocational | ||
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(4) undergo medical, psychological or psychiatric | ||
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(5) attend or reside in a facility established for | ||
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(6) support his dependents; (7) and in addition, if a minor: (i) reside with his parents or in a foster home; (ii) attend school; (iii) attend a non-residential program for youth; (iv) provide nonfinancial contributions to his | ||
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(v) with the consent of the superintendent of the | ||
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(8) make restitution as provided in Section 5-5-6 of | ||
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(9) perform some reasonable public or community | ||
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(10) serve a term of home confinement. In addition to | ||
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(i) remain within the interior premises of the | ||
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(ii) admit any person or agent designated by the | ||
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(iii) if further deemed necessary by the court or | ||
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(iv) for persons convicted of any alcohol, | ||
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The Chief Judge of the circuit court of the | ||
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The Chief Judge of the circuit court may suspend | ||
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(v) for persons convicted of offenses other than | ||
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The Chief Judge of the circuit court may suspend | ||
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(11) comply with the terms and conditions of an order | ||
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(12) reimburse any "local anti-crime program" as | ||
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(13) contribute a reasonable sum of money, not to | ||
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(14) refrain from entering into a designated | ||
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(15) refrain from having any contact, directly or | ||
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(16) refrain from having in his or her body the | ||
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(17) if convicted for an offense committed on or | ||
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(18) if convicted for an offense committed on or | ||
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(i) not access or use a computer or any other | ||
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(ii) submit to periodic unannounced examinations | ||
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(iii) submit to the installation on the | ||
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(iv) submit to any other appropriate restrictions | ||
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(19) refrain from possessing a firearm or other | ||
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(c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If such person is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment. (d) An offender sentenced to probation or to conditional discharge shall be given a certificate setting forth the conditions thereof. (e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months. This 6-month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2. Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections. (f) The court may combine a sentence of periodic imprisonment under Article 7 or a sentence to a county impact incarceration program under Article 8 with a sentence of probation or conditional discharge. (g) An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. A person shall not be assessed costs or fees for mandatory testing for drugs, alcohol, or both, if the person is an indigent person as defined in paragraph (2) of subsection (a) of Section 5-105 of the Code of Civil Procedure. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device. (h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i). For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer, all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred. (i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee. The court may not impose the 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 upon 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 under this subsection (i) in excess of $25 per month unless 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. Of the amount collected as a probation fee, up to $5 of that fee collected per month may be used to provide services to crime victims and their families. The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum. Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay. Public Act 93-970 deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase. (i-5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan. (j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act. (k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department. (l) The court may order an offender who is sentenced to probation or conditional discharge for a violation of an order of protection be placed under electronic surveillance as provided in Section 5-8A-7 of this Code. (m) Except for restitution, and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (n) A person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless: (1) the person is under 21 years old; (2) the person was sentenced to probation, | ||
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(3) the person is participating in a problem-solving | ||
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(4) the person has undergone a validated clinical | ||
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(5) a court ordered evaluation recommends that the | ||
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If the court has made findings that alcohol use was a contributing factor in the commission of the underlying offense, the court may order a person on probation, conditional discharge, or supervision to refrain from having alcohol in his or her body during the time between sentencing and the completion of a validated clinical assessment, provided that such order shall not exceed 30 days and shall be terminated if the clinical treatment plan does not recommend abstinence or testing, or both. In this subsection (n), "validated clinical assessment" and "clinical treatment plan" have the meanings ascribed to them in Section 10 of the Drug Court Treatment Act. In any instance in which the court orders testing for cannabis or alcohol, the court shall state the reasonable relation the condition has to the person's crime for which the person was placed on probation, conditional discharge, or supervision. (o) A person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act, except where use is prohibited in paragraph (3) or (4) of subsection (n). (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act,
Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012 where a disposition of supervision is not prohibited by Section
5-6-1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21-1.3 of the Criminal Code of
1961 or the Criminal Code of 2012 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or | ||
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational | ||
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(4) undergo medical, psychological or psychiatric | ||
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(5) attend or reside in a facility established for | ||
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(6) support his dependents;
(7) refrain from possessing a firearm or other | ||
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his | ||
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(v) with the consent of the superintendent of the | ||
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(9) make restitution or reparation in an amount not | ||
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(10) perform some reasonable public or community | ||
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(11) comply with the terms and conditions of an order | ||
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(12) reimburse any "local anti-crime program" as | ||
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(13) contribute a reasonable sum of money, not to | ||
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(14) refrain from entering into a designated | ||
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(15) refrain from having any contact, directly or | ||
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(16) refrain from having in his or her body the | ||
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(17) refrain from operating any motor vehicle not | ||
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(18) if placed on supervision for a sex offense as | ||
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(c-5) If payment of restitution as ordered has not been made, the victim shall file a
petition notifying the sentencing court, any other person to whom restitution is owed, and
the State's Attorney of the status of the ordered restitution payments unpaid at least 90
days before the supervision expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date, unless the hearing
is voluntarily waived by the defendant with the knowledge that waiver may result in an
extension of the supervision period or in a revocation of supervision. If the court does not
extend supervision, it shall issue a judgment for the unpaid restitution and direct the clerk
of the circuit court to file and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment against the
defendant for the amount covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to the defendant at his or her last known
address written notification that a civil judgment has been issued for the unpaid
restitution. (d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in clause (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or for a violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device. (h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the 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 upon a
defendant 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 pursuant to 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 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. 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. The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or high school equivalency testing if a fee is charged for those courses
or testing. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5-6-4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This subsection (k) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3-707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7-315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of 3 years after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection. This subsection does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois. (n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender
Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders. (p) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (p), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(q) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (q), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(r) An offender placed on supervision for an offense under Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983) shall: (i) not access or use a computer or any other device | ||
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(ii) submit to periodic unannounced examinations of | ||
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(iii) submit to the installation on the offender's | ||
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(iv) submit to any other appropriate restrictions | ||
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(s) An offender placed on supervision for an offense that is a sex offense as defined in Section 2 of the Sex Offender Registration Act that is committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses. (t) An offender placed on supervision for a sex offense as defined in the Sex Offender
Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262) shall refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012. (u) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred may impose probation fees upon receiving the transferred offender, as provided in subsection (i). The probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. (v) Except for restitution, and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (Source: P.A. 102-299, eff. 8-6-21; 103-379, eff. 7-28-23.) |
(730 ILCS 5/5-6-3.2) (from Ch. 38, par. 1005-6-3.2)
Sec. 5-6-3.2.
(a) In counties with populations of 2,000,000 or more
inhabitants, the court may, after consideration of the factors set forth
in paragraph (c), require as a condition of probation that a person participate
in the Probation Challenge Program. Upon imposing such condition on the
person, the court shall provide the person with the address of the Program's
offices and the name of the Counselor Supervisor of the Program, and require
that the person present himself to the Counselor Supervisor at such address
by the close of office hours on the immediately succeeding day during which
the Program maintains regular office hours. The clerk of the court shall
promptly notify the Counselor Supervisor of each person who has been required
to participate in the Program as a condition of his probation and the date
on which such condition was imposed. Whether a person is eligible for
entry into the Program is a judicial determination.
(b) The condition that the person participate in the Probation Challenge
Program includes the specific conditions that the person present himself
to the Counselor Supervisor of such Program pursuant to paragraph (a),
that the person punctually appear for all meetings scheduled between him
and any personnel of such Program, and that the person strictly comply
with all rules prescribed by the Board of City College of Chicago pursuant
to Section 12 of the Probation Challenge Program Act. Violation of any of
the specific conditions set forth in this paragraph shall not be grounds
for revocation of probation, except where such violation has resulted in
the person's expulsion from the Program.
(c) In determining whether to require that a person participate in the
Probation Challenge Program as a condition of his probation, the court should consider
(1) Whether the person demonstrates a desire to avoid future conduct of
the type which resulted in his being sentenced to a term of probation;
(2) Whether the type of assistance offered by the Probation Challenge
Program is best suited to the person's needs;
(3) Whether the person appears, in light of his age and history, to be
a likely candidate for rehabilitation;
(4) Whether the person has access to the economic resources, and is exposed
to the type of social influences, which would enable him to attain the
types of goals established for clients of the Probation Challenge Program
without his participating in the Program;
(5) Whether the person demonstrates potential for accomplishing the types
of goals which would be established for him were he a client of the Probation
Challenge Program; and
(6) The need for limiting the number of participants in the Probation
Challenge Program to a level which can be efficiently managed by the personnel
of such Program.
(d) Participation by a person in the Probation Challenge Program shall
be for the duration of the person's term of probation. In the event the
person successfully attains all the goals which have been established for
him by his counselor and instructor in the Probation Challenge Program,
the court may, on its own motion, on the motion of the person's probation
officer or at the request of the person, terminate the person's probation
if, in the opinion of the court, such action would best serve the interests
of the person and the ends of justice.
(e) A person shall be expelled from the Probation Challenge Program upon
his violating for the fourth time any of the conditions set forth in
paragraph (b). A person who has been expelled from the Probation Challenge Program
shall not subsequently participate in such Program absent compelling reasons
in favor of such subsequent participation.
(Source: P.A. 84-1426.)
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(730 ILCS 5/5-6-3.3) Sec. 5-6-3.3. Offender Initiative Program. (a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program. (a-1) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive practices, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, obstructing justice, or an offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program. (a-2) Exemptions. A defendant shall not be eligible for this Program if the offense he or she has been arrested for and charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection. (b) When a defendant is placed in the Program, after both the defendant and State's Attorney waive preliminary hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963, the court
shall enter an order specifying that
the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months. (c) The conditions of the Program shall be that the
defendant: (1) not violate any criminal statute of this State or | ||
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(2) refrain from possessing a firearm or other | ||
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(3) make full restitution to the victim or property | ||
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(4) obtain employment or perform not less than 30 | ||
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(5) attend educational courses designed to prepare | ||
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(c-1) The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (d) The court may, in addition to other conditions, require
that the defendant: (1) undergo medical or psychiatric treatment, or | ||
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(2) refrain from having in his or her body the | ||
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(3) submit to periodic drug testing at a time, | ||
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(4) pay fines, fees and costs; and (5) in addition, if a minor: (i) reside with his or her parents or in a foster | ||
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(ii) attend school; (iii) attend a non-residential program for youth; | ||
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(iv) contribute to his or her own support at home | ||
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(e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment pursuant to Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program. (f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the
proceedings against the person. (g) A person may only have one discharge and dismissal under
this Section within a 4-year period.
(h) Notwithstanding subsection (a-1), if the court finds that the defendant suffers from a substance abuse problem, then before the person participates in the Program under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of the Program under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of the Program, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to participate in the Program under this Section, but shall be considered for the drug court program.(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.) |
(730 ILCS 5/5-6-3.4) (Text of Section before amendment by P.A. 103-702) Sec. 5-6-3.4. Second Chance Probation. (a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of, possession of less than 15 grams of a controlled substance; possession of
less than 15 grams of methamphetamine; or a probationable felony offense of possession of cannabis, theft, retail theft, forgery, deceptive practices, possession of a stolen motor vehicle, burglary, possession of burglary tools, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, an offense involving fraudulent identification, or obstructing justice; or possession of cannabis, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under this Section. (a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection. (b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or | ||
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(2) refrain from possessing a firearm or other | ||
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(3) make full restitution to the victim or property | ||
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(4) obtain or attempt to obtain employment; (5) pay fines and costs; (6) attend educational courses designed to prepare | ||
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(7) submit to periodic drug testing at a time and in | ||
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(8) perform a minimum of 30 hours of community | ||
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(d) The court may, in addition to other conditions, require that the defendant: (1) make a report to and appear in person before or | ||
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(2) undergo medical or psychiatric treatment, or | ||
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(3) attend or reside in a facility established for | ||
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(4) support his or her dependents; or (5) refrain from having in his or her body the | ||
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(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. (h) A person may only have one discharge and dismissal under this Section within a 4-year period. (i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that the defendant suffers from a substance abuse problem, then before the person is placed on probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to be placed on probation under this Section, but shall be considered for the drug court program.(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.) (Text of Section after amendment by P.A. 103-702) Sec. 5-6-3.4. Second Chance Probation. (a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of, possession of less than 15 grams of a controlled substance; possession of less than 15 grams of methamphetamine; or a probationable felony offense of possession of cannabis, theft, retail theft, forgery, deceptive practices, possession of a stolen motor vehicle, burglary, possession of burglary tools, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, an offense involving fraudulent identification, or obstructing justice; or possession of cannabis, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under this Section. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section. (a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection. (b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or | ||
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(2) refrain from possessing a firearm or other | ||
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(3) make full restitution to the victim or property | ||
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(4) obtain or attempt to obtain employment; (5) pay fines and costs; (6) attend educational courses designed to prepare | ||
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(7) submit to periodic drug testing at a time and in | ||
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(8) perform a minimum of 30 hours of community | ||
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(d) The court may, in addition to other conditions, require that the defendant: (1) make a report to and appear in person before or | ||
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(2) undergo medical or psychiatric treatment, or | ||
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(3) attend or reside in a facility established for | ||
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(4) support his or her dependents; or (5) refrain from having in his or her body the | ||
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(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a sentence under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. (h) A person may only have one discharge and dismissal under this Section within a 4-year period. (i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. (j) Notwithstanding subsection (a), if the court finds that the defendant suffers from a substance abuse problem, then before the person is placed on probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to be placed on probation under this Section, but shall be considered for the drug court program.(Source: P.A. 103-702, eff. 1-1-25.) |
(730 ILCS 5/5-6-3.5) Sec. 5-6-3.5. Appropriations to the Department of Human Services for services under the Offender Initiative Program and Second Chance Probation. (a) As used in this Section, "qualified program" means a program licensed, certified, or otherwise overseen by the Department of Human Services under the rules adopted by the Department. (b) Subject to appropriation, the Department of Human Services shall, in collaboration with the appropriate State agency, contract with counties and qualified programs to reimburse the counties and qualified programs for the following: (1) Services relating to defendants eligible for and | ||
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(A) psychiatric treatment or treatment or | ||
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(B) educational courses designed to prepare the | ||
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(2) Services relating to defendants eligible for and | ||
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(A) psychiatric treatment or treatment or | ||
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(B) educational courses designed to prepare the | ||
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(c) The Department of Human Services shall retain 5% of the moneys appropriated for the cost of administering the services provided by the Department. (d) The Department of Human Services shall adopt rules and procedures for reimbursements paid to counties and qualified programs. Moneys received under this Section shall be in addition to moneys currently expended to provide similar services. (e) Expenditure of moneys under this Section is subject to audit by the Auditor General. (f) The Department of Human Services shall report to the General Assembly on or before January 1, 2016 and on or before each following January 1, for as long as the services are available, detailing the impact of existing services, the need for continued services, and any recommendations for changes in services or in the reimbursement for services.
(Source: P.A. 98-1124, eff. 8-26-14.) |
(730 ILCS 5/5-6-3.6) (Text of Section from P.A. 103-370) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 103rd General Assembly establishes a program for first-time, non-violent offenders charged with certain weapons possession offenses. The General Assembly recognizes some persons, particularly in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offense Program. (b) A defendant is not eligible for this Program if: (1) the offense was committed during the commission | ||
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(2) he or she has previously been convicted or placed | ||
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(3) he or she had a prior successful completion of | ||
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(4) he or she has previously been adjudicated a | ||
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(5) (blank); or (6) he or she has an existing order of protection | ||
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(b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offense Program, the court shall consider the following: (1) the age, immaturity, or limited mental capacity | ||
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(2) the nature and circumstances of the offense; (3) whether participation in the Program is in the | ||
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(4) whether the defendant suffers from trauma, as | ||
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(5) the potential risk to public safety. (c) For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) whenever an eligible person pleads guilty to an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offense Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person. (d) The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit. (e) The conditions of the Program shall be that the defendant: (1) not violate any criminal statute of this State or | ||
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(2) refrain from possessing a firearm or other | ||
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(3) (blank); (4) (blank); (5) (blank); (6) (blank); (7) attend and participate in any Program activities | ||
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(8) (blank). (f) The Program may, in addition to other conditions, require that the defendant: (1) obtain or attempt to obtain employment; (2) attend educational courses designed to prepare | ||
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(3) refrain from having in his or her body the | ||
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(4) perform community service; (5) pay all fines, assessments, fees, and costs; and (6) comply with such other reasonable conditions as | ||
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(g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. (h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence. (i) (Blank). (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 103-370, eff. 7-28-23.) (Text of Section from P.A. 103-702) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 103rd General Assembly establishes a program for first-time, non-violent offenders charged with certain weapons possession offenses. The General Assembly recognizes some persons, particularly in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offense Program. (b) A defendant is not eligible for this Program if: (1) the offense was committed during the commission | ||
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(2) he or she has previously been convicted or placed | ||
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(3) he or she had a prior successful completion of | ||
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(4) he or she has previously been adjudicated a | ||
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(5) (blank); or (6) he or she has an existing order of protection | ||
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(b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offense Program, the court shall consider the following: (1) the age, immaturity, or limited mental capacity | ||
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(2) the nature and circumstances of the offense; (3) whether participation in the Program is in the | ||
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(4) whether the defendant suffers from trauma, as | ||
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(5) the potential risk to public safety. (c) For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) whenever an eligible person pleads guilty to an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offense Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, a sentence under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person. (d) The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit. (e) The conditions of the Program shall be that the defendant: (1) not violate any criminal statute of this State or | ||
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(2) refrain from possessing a firearm or other | ||
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(3) (blank); (4) (blank); (5) (blank); (6) (blank); (7) attend and participate in any Program activities | ||
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(8) (blank). (f) The Program may, in addition to other conditions, require that the defendant: (1) obtain or attempt to obtain employment; (2) attend educational courses designed to prepare | ||
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(3) refrain from having in his or her body the | ||
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(4) perform community service; (5) pay all fines, assessments, fees, and costs; and (6) comply with such other reasonable conditions as | ||
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(g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. (h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence. (i) (Blank). (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 103-370, eff. 7-28-23; 103-702, eff. 1-1-25.) (Text of Section from P.A. 103-822) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 103rd General Assembly establishes a program for first-time, non-violent offenders charged with certain weapons possession offenses. The General Assembly recognizes some persons, particularly in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful possession of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful possession of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offense Program. (b) A defendant is not eligible for this Program if: (1) the offense was committed during the commission | ||
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(2) he or she has previously been convicted or placed | ||
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(3) he or she had a prior successful completion of | ||
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(4) he or she has previously been adjudicated a | ||
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(5) (blank); or (6) he or she has an existing order of protection | ||
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(b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offense Program, the court shall consider the following: (1) the age, immaturity, or limited mental capacity | ||
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(2) the nature and circumstances of the offense; (3) whether participation in the Program is in the | ||
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(4) whether the defendant suffers from trauma, as | ||
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(5) the potential risk to public safety. (c) For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) whenever an eligible person pleads guilty to an unlawful possession of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful possession of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offense Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person. (d) The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit. (e) The conditions of the Program shall be that the defendant: (1) not violate any criminal statute of this State or | ||
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(2) refrain from possessing a firearm or other | ||
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(3) (blank); (4) (blank); (5) (blank); (6) (blank); (7) attend and participate in any Program activities | ||
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(8) (blank). (f) The Program may, in addition to other conditions, require that the defendant: (1) obtain or attempt to obtain employment; (2) attend educational courses designed to prepare | ||
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(3) refrain from having in his or her body the | ||
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(4) perform community service; (5) pay all fines, assessments, fees, and costs; and (6) comply with such other reasonable conditions as | ||
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(g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. (h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence. (i) (Blank). (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 103-370, eff. 7-28-23; 103-822, eff. 1-1-25.) |
(730 ILCS 5/5-6-3.8) Sec. 5-6-3.8. Eligibility for programs restricted by felony background.
Any conviction entered prior to the effective date of this amendatory Act of the 101st General Assembly for: (1) felony possession of a controlled substance, or | ||
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(2) felony possession of methamphetamine, or | ||
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(Source: P.A. 101-652, eff. 7-1-21.) |
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, modification or revocation of probation, of
conditional discharge or supervision or of a sentence of county impact
incarceration - hearing.
(a) Except in cases where
conditional discharge or supervision was imposed for a petty offense as
defined in Section 5-1-17, when a petition is filed charging a violation of
a condition, the court may:
(1) in the case of probation violations, order the | ||
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(2) order a summons to the offender to be present for | ||
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(3) order a warrant for the offender's arrest where | ||
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Personal service of the petition for violation of probation or
the issuance of such warrant, summons or notice shall toll the period of
probation, conditional discharge, supervision, or sentence of
county impact incarceration until
the final determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county impact
incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged violation. The
court shall admit the offender to pretrial release pending the hearing unless the
alleged violation is itself a criminal offense in which case the
offender shall be admitted to pretrial release on such terms as are provided in the
Code of Criminal Procedure of 1963, as amended. In any case where an
offender remains incarcerated only as a result of his alleged violation of
the court's earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be held within
14 days of the onset of
said incarceration, unless the alleged violation is the commission of
another offense by the offender during the period of probation, supervision
or conditional discharge in which case such hearing shall be held within
the time limits described in Section 103-5 of the Code of Criminal
Procedure of 1963, as amended.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Probation, conditional discharge, periodic imprisonment and
supervision shall not be revoked for failure to comply with conditions
of a sentence or supervision, which imposes financial obligations upon the
offender unless such failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence, with or without modifying or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing.
If the court finds that the person has failed to successfully complete his or
her sentence to a county impact incarceration program, the court may impose any
other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial
sentencing,
except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender. If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge, of
supervision, or of a sentence of county impact incarceration may be
modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after
notice and a hearing.
(g) A judgment revoking supervision, probation, conditional
discharge, or a sentence of county impact incarceration is a final
appealable order.
(h) Resentencing after revocation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise. The amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration, an agent or
employee of the
supervising agency with the concurrence of his or
her
supervisor may serve on the defendant a Notice of Intermediate Sanctions.
The
Notice shall contain the technical violation or violations involved, the date
or dates of the violation or violations, and the intermediate sanctions to be
imposed. Upon receipt of the Notice, the defendant shall immediately accept or
reject the intermediate sanctions. If the sanctions are accepted, they shall
be imposed immediately. If the intermediate sanctions are rejected or the
defendant does not respond to the Notice, a violation of probation, conditional
discharge, supervision, or a sentence of county impact incarceration
shall be immediately filed with the court. The
State's Attorney and the sentencing court shall be notified of the Notice of
Sanctions. Upon successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision, or a
sentence of county impact incarceration or impose
additional sanctions for the same violation.
A notice of intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence of county
impact incarceration which could warrant an
additional, separate felony charge.
The intermediate sanctions shall include a term of home detention as provided
in Article 8A of Chapter V of this Code for multiple or repeat violations of
the terms and conditions of a sentence of probation, conditional discharge, or
supervision. (j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.
(k)(1) On and after the effective date of this amendatory Act of the 101st General Assembly, this subsection (k) shall apply to arrest warrants in Cook County only. An arrest
warrant issued under paragraph (3) of subsection (a) when the underlying conviction is for the offense of theft, retail theft, or possession of a controlled substance shall
remain active for a period not to exceed 10 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. A motion to
extend the warrant shall be filed within one year before the warrant expiration date
and notice shall be provided to the
office of the sheriff. (2) If a motion to extend a warrant issued under paragraph (3)
of subsection (a) is not filed,
the warrant shall be quashed and recalled as a
matter of law under paragraph (1) of this subsection (k) and
the wanted person's period of probation, conditional
discharge, or supervision shall terminate unsatisfactorily as
a matter of law.(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)
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(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) Sec. 5-6-4.1. Violation, modification or revocation of
conditional discharge or supervision - hearing.)
(a) In cases where a defendant was placed upon supervision or conditional
discharge for the commission of a petty offense, upon the oral or written
motion of the State, or on the court's own motion, which charges that a
violation of a condition of that conditional discharge or supervision has
occurred, the court may:
(1) conduct a hearing instanter if the offender is | ||
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(2) order the issuance by the court clerk of a notice | ||
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(3) order summons to the offender to be present; or
(4) order a warrant for the offender's arrest.
The oral motion, if the defendant is present, or the issuance of such warrant,
summons or notice shall toll the period of conditional discharge or supervision
until the final determination of the charge, and the term of conditional
discharge or supervision shall not run until the hearing and disposition
of the petition for violation.
(b) The Court shall admit the offender to pretrial release pending the hearing.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Conditional discharge or supervision shall not be revoked for failure
to comply with the conditions of the discharge or supervision which imposed
financial obligations upon the offender unless such failure is due to his
wilful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence or supervision with or without modifying
or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V
of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing.
(f) The conditions of conditional discharge and of
supervision may be modified by the court on motion of the probation
officer or on its own motion or at the request of the offender after
notice to the defendant and a hearing.
(g) A judgment revoking supervision is a final appealable order.
(h) Resentencing after revocation of conditional
discharge or of supervision shall be under Article 4. Time served on
conditional discharge or supervision shall be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise.
(Source: P.A. 101-652, eff. 1-1-23.)
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(730 ILCS 5/Ch. V Art. 7 heading) ARTICLE 7.
SENTENCE OF PERIODIC IMPRISONMENT
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(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of periodic imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released for
periods of time during the day or night or for periods of days, or both,
or if convicted of a felony, other than first degree murder, a Class X or
Class 1 felony, committed to any county, municipal, or regional
correctional or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court orders otherwise,
the particular times and conditions of release shall be determined by
the Department of Corrections, the sheriff, or the Superintendent of the
house of corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed to permit the
defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed | ||
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(4) attend to family needs;
(5) attend an educational institution, including | ||
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(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or | ||
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(8) continue to reside at home with or without | ||
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(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this Code,
the court may impose a sentence of periodic imprisonment for a
felony or misdemeanor on a person who is 17 years of age or older. The
court shall not impose a sentence of periodic imprisonment if it imposes
a sentence of imprisonment upon the defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a definite
term of from 3 to 4 years for a Class 1 felony, 18 to 30 months
for a Class 2 felony, and up to 18 months, or the longest sentence of
imprisonment that could be imposed for the offense, whichever is less, for
all other offenses; however, no person shall be sentenced to a term of
periodic imprisonment longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with that sentence
participate in a county work release program comparable to the work and day
release program provided for in Article 13 of Chapter III of this Code in State facilities. The term of the sentence shall be
calculated upon the basis of the duration of its term rather than upon
the basis of the actual days spent in confinement. No sentence
of periodic imprisonment shall be subject to the good time
credit provisions of Section 3-6-3 of this Code.
(e) When the court imposes a sentence of periodic imprisonment, it
shall state:
(1) the term of such sentence;
(2) the days or parts of days which the defendant is | ||
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(3) the conditions.
(f) The court may issue an order of protection pursuant to the
Illinois Domestic Violence Act of 1986 as a condition of a sentence of
periodic imprisonment. The Illinois Domestic Violence Act of 1986 shall
govern the issuance, enforcement and recording of orders of protection
issued under this Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for the case.
(f-5) An offender sentenced to a term of periodic imprisonment for a
felony sex
offense as defined in the Sex Offender Management Board Act shall be required
to undergo and successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act.
(g) An offender sentenced to periodic imprisonment who undergoes mandatory
drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable
fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall be in the
form of an administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing,
alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(h) All fees and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the
circuit clerk as provided under the Criminal and Traffic Assessment Act.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device. (i) A defendant at least 17 years of age who is
convicted of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted
of a misdemeanor or a felony and who is sentenced to a term of periodic
imprisonment may as a condition of his or her sentence be required by the
court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward receiving a
high school
diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program
approved by the court. The defendant sentenced to periodic imprisonment must
attend a public institution of education to obtain the educational or
vocational training required by this subsection (i). The defendant sentenced
to a term of periodic imprisonment shall be required to pay for the cost of the
educational courses or high school equivalency testing if a fee is charged for those courses or testing.
The court shall
revoke the sentence of periodic imprisonment of the defendant who wilfully
fails
to comply with this subsection (i). The court shall resentence the defendant
whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This
subsection (i) does not apply to a defendant who has a high school diploma or
has successfully passed high school equivalency testing. This subsection (i) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
Sec. 5-7-2. Modification and Revocation. (a) A sentence of periodic imprisonment may be modified or revoked
by the court if:
(1) the offender commits another offense; or
(2) the offender violates any of the conditions of | ||
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(3) the offender violates any rule or regulation of | ||
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(b) If the offender violates the order of periodic imprisonment, the
Department of Corrections, the sheriff, or the superintendent of the
house of corrections shall report such violation to the
court.
(c) The court shall not modify or revoke a sentence of periodic
imprisonment unless the offender has been given written notice and
afforded a hearing under Section 5-6-4. If the offender is
incarcerated as a result of his alleged violation of the court's
prior order, such hearing shall be held within 14 days of the
onset of said incarceration. Where a sentence of periodic
imprisonment is revoked, the court may impose any other sentence that
was available at the time of initial sentencing.
(Source: P.A. 95-35, eff. 1-1-08.)
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(730 ILCS 5/5-7-3) (from Ch. 38, par. 1005-7-3)
Sec. 5-7-3.
Commitment.
(a) Commitment under a sentence of periodic imprisonment for a
misdemeanor shall be to the sheriff or the superintendent of the house of
corrections or workhouse.
(b) Commitment under a sentence of periodic imprisonment for a felony
may be under paragraph (a) of this Section or to the Department of
Corrections if the Director of the Department has certified that
appropriate facilities and personnel are available to administer sentences
of periodic imprisonment.
(c) The Director of the Department of Corrections may certify that an
appropriate institution has the facilities and personnel to administer
periodic imprisonment. Such certification shall be filed with the clerk of
the circuit court from which commitments to such institution will be
accepted. Any such certification may be revoked by filing a notice of
revocation with such clerk.
(d) The sheriff of any county may certify that an appropriate
institution has the facilities and personnel to administer periodic
imprisonment. Such certification shall be filed with the clerk of the
circuit court from which commitments to such institution will be accepted.
Any such certification may be revoked by filing a notice of revocation with such clerk.
(e) If the sheriff to whose custody a defendant is committed for a term of
periodic imprisonment certifies an institution under subsection (d), the
sheriff may contract, subject to the approval of the county board, with a
certified institution for the
housing of the offender in that institution, and while so placed the
offender shall be subject to the court's terms of imprisonment. The cost
of maintenance of such offender shall be paid by the county in which he was committed.
(f) Neither the State, any unit of local government or the sheriff of
the county to whose custody a defendant is committed, nor any officer or
employee thereof acting in the course of their official duties shall be
liable for any injury or loss which a person might suffer while residing at a
certified institution, nor shall they be liable for any tortious acts of
any offender housed at the certified institution, or for any tortious acts
of an officer or employee of such institution, except for wilful and wanton
misconduct or gross negligence on the part of such governmental unit,
officer or employee.
(Source: P.A. 85-1433.)
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(730 ILCS 5/5-7-4) (from Ch. 38, par. 1005-7-4)
Sec. 5-7-4.
Continuation of Employment.
If the offender has been regularly employed, the Department of
Corrections, the sheriff, the superintendent of the house of correction or
workhouse, or the probation officer shall arrange for a continuation of
such employment. If the offender has not been regularly employed, every
reasonable effort shall be made to secure employment for such person, and
any person for whom employment is secured shall be paid a fair and
reasonable wage and shall not be required to work more than 8 hours per
day, nor more than 48 hours per week.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-7-5) (from Ch. 38, par. 1005-7-5)
Sec. 5-7-5.
Arrangement between Sheriffs for Employment.
The court may authorize the sheriff to whose custody a defendant is
committed, to arrange with another sheriff for the employment of the
offender in the latter's county, and while so employed to be in the latter
sheriff's custody but in other respects to be and continue subject to the
commitment. The cost of maintenance of such offender shall be paid by the
county in which he was committed. The Department of Corrections may
transfer an offender committed to it to another institution or facility of
the Department subject to the approval of the committing court.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6. Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation.
(a) Every gainfully employed offender shall be responsible for managing his
or her earnings. The clerk of the circuit court shall have only those
responsibilities regarding an offender's earnings as are set forth in this
Section.
Every offender, including offenders who are sentenced to periodic
imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established, with the
concurrence of the chief judge of the judicial circuit, by the county board of
the county in which the offender is incarcerated. The concurrence of the chief
judge shall be in the form of an administrative order. In establishing the fee
for room and board consideration may be given to all costs incidental to the
incarceration of offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional charge, be
furnished with a meal to carry to work. Each week, on a day designated by the
clerk of the circuit court,
every offender shall pay the clerk the fees for the offender's room and board. Failure to pay the clerk
on the day designated shall result in the termination of the offender's
release.
All fees for room and board collected by the circuit court clerk shall be
disbursed into the county's General Corporate Fund.
By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be distributed
for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and | ||
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(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are recipients of
financial assistance pursuant to the Illinois Public Aid Code, or who are
residents of a State hospital, State school or foster care facility
provided by the State, the court shall order the offender to turn over
all or a portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph
(a), distribute those earnings to the appropriate agency
as reimbursement for the cost of care of such dependents. The order shall
permit the Department of Human Services (acting as successor to the Illinois
Department of Public Aid under the Department of Human Services Act) or the
local governmental
unit, as the case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in their
behalf, upon removal of the dependents from the public aid rolls; and upon
such direction and removal of the recipients from the public aid rolls, the
Department of Human Services or the local governmental unit, as the
case requires, shall give written notice of such action to the court. Payments
received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall be deposited
into the General Revenue Fund of the State Treasury or General Assistance
Fund of the governmental unit, under Section 10-19 of the Illinois Public
Aid Code.
(c) The clerk of the circuit court shall keep individual accounts of all
money collected by him as required by this Article. He shall deposit all
moneys as trustee in a depository designated by the county board and shall
make payments required by the court's order from such trustee account. Such
accounts shall be subject to audit in the same manner as accounts of the
county are audited.
(d) If an institution or the Department of Corrections certifies to the
court that it can administer this Section with respect to persons committed
to it under this Article, the clerk of the court shall be relieved of its
duties under this Section and they shall be assumed by such institution or
the Department.
(e) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (Source: P.A. 103-379, eff. 7-28-23.)
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(730 ILCS 5/5-7-7) (from Ch. 38, par. 1005-7-7)
Sec. 5-7-7.
Jurisdiction.
The court which committed the offender to periodic imprisonment shall
retain jurisdiction over him during the term of commitment and may order a
diminution of the term if his conduct, diligence and general attitude merit
such diminution.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-7-8) (from Ch. 38, par. 1005-7-8)
Sec. 5-7-8. Subsequent Sentences. (a) The service of a sentence of imprisonment shall
satisfy any sentence of periodic imprisonment which was imposed on an
offender for an offense committed prior to the imposition of the
sentence. An offender who is serving a sentence of
periodic imprisonment at the time a sentence of
imprisonment is imposed shall be delivered to the custody of the
Department of Corrections to commence service of the
sentence immediately.
(b) If a sentence of imprisonment under Section 5-4.5-55, 5-4.5-60, or 5-4.5-65 (730 ILCS 5/5-4.5-55, 5/5-4.5-60, or 5/5-4.5-65)
is
imposed on an offender who is under a previously imposed sentence of
periodic imprisonment, such person shall commence service of the
sentence immediately. Where such sentence is for
a term in excess of 90 days, the service of such sentence shall satisfy
the sentence of periodic imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
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(730 ILCS 5/Ch. V Art. 8 heading) ARTICLE 8.
IMPRISONMENT
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(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) (Text of Section before amendment by P.A. 103-825) Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms. (a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations: (1) for first degree murder, (a) (blank), (b) if a trier of fact finds beyond a reasonable | ||
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(b-5) A defendant who at the time of the | ||
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(1) the murdered individual was an inmate at | ||
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(2) the murdered individual was killed as a | ||
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(3) the defendant committed the murder | ||
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(4) the murdered individual was killed in the | ||
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(A) the murdered individual: (i) was actually killed by the | ||
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(ii) received physical injuries | ||
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(B) in performing the acts which caused | ||
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(C) the other felony was an inherently | ||
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(5) the defendant committed the murder with | ||
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(6) the defendant, while committing an | ||
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(7) the defendant was incarcerated in an | ||
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(8) the murder was committed in a cold, | ||
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(9) the defendant was a principal | ||
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(10) the murder was intentional and involved | ||
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(11) the murder was committed as a result of | ||
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(12) the murdered individual was a person | ||
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(13) the murdered individual was subject to | ||
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(14) the murdered individual was known by the | ||
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(15) the murder was committed by the | ||
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(16) the murdered individual was a member of | ||
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(17)(i) the murdered individual was a | ||
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(ii) the defendant knew or should have known | ||
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(iii) the murdered individual was killed in | ||
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(c) the court shall sentence the defendant to a | ||
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(i) has previously been convicted of first | ||
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(ii) is found guilty of murdering more than | ||
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(iii) is found guilty of murdering a peace | ||
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(iv) is found guilty of murdering an employee | ||
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(v) is found guilty of murdering an emergency | ||
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(vi) (blank), or (vii) is found guilty of first degree murder | ||
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For purposes of clause (v), "emergency medical | ||
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(d)(i) if the person committed the offense while | ||
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(ii) if, during the commission of the offense, | ||
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(iii) if, during the commission of the offense, | ||
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(2) (blank); (2.5) for a person who has attained the age of 18 | ||
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(b) (Blank). (c) (Blank). (d) Subject to
earlier termination under Section 3-3-8, the parole or mandatory
supervised release term shall be written as part of the sentencing order and shall be as follows: (1) for first degree murder or for the offenses of | ||
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(1.5) except as provided in paragraph (7) of this | ||
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(2) except as provided in paragraph (7) of this | ||
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(3) except as provided in paragraph (4), (6), or (7) | ||
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(4) for defendants who commit the offense of | ||
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(5) if the victim is under 18 years of age, for a | ||
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(6) for a felony domestic battery, aggravated | ||
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(7) for any felony described in paragraph (a)(2)(ii), | ||
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(A) Class X felony, 3 years; (B) Class 1 or Class 2 felonies, 2 years; (C) Class 3 or Class 4 felonies, 1 year. (e) (Blank). (f) (Blank). (g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on July 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-825) Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms. (a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations: (1) for first degree murder, (a) (blank), (b) if a trier of fact finds beyond a reasonable | ||
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(b-5) A defendant who at the time of the | ||
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(1) the murdered individual was an inmate at | ||
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(2) the murdered individual was killed as a | ||
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(3) the defendant committed the murder | ||
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(4) the murdered individual was killed in the | ||
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(A) the murdered individual: (i) was actually killed by the | ||
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(ii) received physical injuries | ||
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(B) in performing the acts which caused | ||
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(C) the other felony was an inherently | ||
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(5) the defendant committed the murder with | ||
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(6) the defendant, while committing an | ||
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(7) the defendant was incarcerated in an | ||
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(8) the murder was committed in a cold, | ||
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(9) the defendant was a principal | ||
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(10) the murder was intentional and involved | ||
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(11) the murder was committed as a result of | ||
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(12) the murdered individual was a person | ||
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(13) the murdered individual was subject to | ||
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(14) the murdered individual was known by the | ||
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(15) the murder was committed by the | ||
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(16) the murdered individual was a member of | ||
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(17)(i) the murdered individual was a | ||
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(ii) the defendant knew or should have known | ||
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(iii) the murdered individual was killed in | ||
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(c) the court shall sentence the defendant to a | ||
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(i) has previously been convicted of first | ||
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(ii) is found guilty of murdering more than | ||
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(iii) is found guilty of murdering a peace | ||
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(iv) is found guilty of murdering an employee | ||
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(v) is found guilty of murdering an emergency | ||
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(vi) (blank), or (vii) is found guilty of first degree murder | ||
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For purposes of clause (v), "emergency medical | ||
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(d)(i) if the person committed the offense while | ||
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(ii) if, during the commission of the offense, | ||
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(iii) if, during the commission of the offense, | ||
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(2) (blank); (2.5) for a person who has attained the age of 18 | ||
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(b) (Blank). (c) (Blank). (d) Subject to earlier termination under Section 3-3-8, the parole or mandatory supervised release term shall be written as part of the sentencing order and shall be as follows: (1) for first degree murder or for the offenses of | ||
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(1.5) except as provided in paragraph (7) of this | ||
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(2) except as provided in paragraph (7) of this | ||
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(3) except as provided in paragraph (4), (6), or (7) | ||
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(4) for defendants who commit the offense of | ||
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(5) if the victim is under 18 years of age, for a | ||
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(6) for a felony domestic battery, aggravated | ||
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(7) for any felony described in paragraph (a)(2)(ii), | ||
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(A) Class X felony, 3 years; (B) Class 1 or Class 2 felonies, 2 years; (C) Class 3 or Class 4 felonies, 1 year. (e) (Blank). (f) (Blank). (g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on July 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24; 103-825, eff. 1-1-25.) |
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact program.
(a) The Department may establish
and operate an impact
program for eligible offenders. If the court finds under
Section 5-4-1 that
an offender sentenced to a term of imprisonment for a felony may meet the
eligibility requirements of the Department, the court may in its
sentencing order
approve the offender for placement in the impact program
conditioned upon his acceptance in the program by the Department.
Notwithstanding the sentencing provisions of this Code, the sentencing
order also shall provide that if the Department accepts the offender in the
program and determines that the offender has successfully completed the
impact program, the sentence shall be reduced to time
considered served upon certification to the court by the Department that
the offender has successfully completed the program. In the event the
offender is not accepted for placement in the impact program
or the offender does not successfully complete the program,
his term of imprisonment shall be as set forth by the court in its sentencing
order.
(b) In order to be eligible to participate in the impact
program, the committed person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age | ||
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(2) The person has not previously participated in an | ||
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(3) The person has not been convicted of a Class X | ||
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(4) The person has been sentenced to a term of | ||
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(5) The person must be physically able to participate | ||
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(6) The person must not have any mental disorder or | ||
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(7) The person has consented in writing to | ||
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(8) The person was recommended and approved for | ||
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The Department may consider, among other matters, whether the
committed person has any outstanding detainers or warrants, whether the
committed person has a history of escaping or absconding, whether
participation in the impact program may pose a risk to the
safety or security of any person and whether space is available.
(c) The impact program shall include, among other matters, community service activities, cognitive behavioral programming, life skills, reentry planning,
education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention
of property and publications and access to television, radio and a library
may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact program
shall adhere to all Department rules and all requirements of the program.
Committed persons shall be informed of rules of behavior and conduct.
Disciplinary procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department seeks to revoke good time.
(f) Participation in the impact program shall be for a
period of one year to eighteen months. The period of time a committed person shall
serve in the impact program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory supervised
release as set forth in subsection (d) of Section 5-8-1.
(h) A committed person may be removed from the program for a violation
of the terms or conditions of the program or in the event he is for any
reason unable to participate. The Department shall promulgate rules and
regulations governing conduct which could result in removal from the
program, extend the period of time a committed person must serve in the program, or in a determination that the committed person has not
successfully completed the program. A committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation identified in paragraph (f). Committed persons shall have access to
such rules, which shall provide that a committed person shall receive
notice and have the opportunity to appear before and address one or more
hearing officers. A committed person may be transferred to any of the
Department's facilities prior to the hearing.
(i) The Department may terminate the impact program at any
time.
(j) The Department shall report to the Governor and the General Assembly
on or before September 30th of each year on the impact
program, including the composition of the program by the offenders, by
county of commitment, sentence, age, offense and race.
(k) The Department of Corrections shall consider the affirmative
action plan approved by the Department of Human Rights in hiring staff at
the impact facilities.
(l) The Department of Corrections shall advocate for the impact program. The Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county. (Source: P.A. 102-629, eff. 1-1-22.)
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(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General Assembly that
certain non-violent offenders eligible for sentences of incarceration may
benefit from the rehabilitative aspects of a county impact incarceration
program. It is the intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not be construed
to allow violent offenders to participate in a county impact incarceration
program.
(b) Under the direction of the Sheriff and with the approval of the County
Board of Commissioners, the Sheriff, in any county with more than 3,000,000
inhabitants, may establish and operate a county impact incarceration program
for eligible offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility requirements of the
Sheriff's county impact incarceration program, the court may sentence the
offender to the county impact incarceration program. The Sheriff shall be
responsible for monitoring all offenders who are sentenced to the county impact
incarceration program, including the mandatory period of monitored release
following the 120 to 180 days of impact incarceration.
Offenders assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the Illinois Department of
Corrections are exempt from the provisions of this mandatory period of
monitored
release.
In the event the
offender is not accepted for placement in the county impact incarceration
program, the court shall proceed to sentence the offender to any other
disposition authorized by this Code.
If the offender does not successfully
complete the program, the offender's failure to do so shall constitute a
violation of the sentence to the county impact incarceration program.
(c) In order to be eligible to be sentenced to a county impact incarceration
program by the court, the person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age | ||
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(2) The person has not previously participated in the | ||
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(3) The person has not been convicted of a Class X | ||
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(4) The person has been found in violation of | ||
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(5) The person must be physically able to participate | ||
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(6) The person must not have any mental disorder or | ||
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(7) The person was recommended and approved for | ||
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(c-5) The county impact incarceration program shall include, among other
matters, mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention of
property and publications and access to television, radio, and a library may be
suspended or restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements for the program.
Persons shall be informed of rules of behavior and conduct. Persons
participating in the county impact incarceration program shall adhere to all
rules and all requirements of the program.
(f) Participation in the county impact incarceration program shall be for a
period of 120 to 180 days followed by a mandatory term of monitored release
for at least 8 months and no more than 12 months supervised by the Sheriff.
The period of time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The court may also
sentence the person to a period of probation to commence at the successful
completion of the county impact incarceration program.
(g) If the person successfully completes the county impact incarceration
program, the Sheriff shall certify the person's successful completion of the
program to the court and to the county's State's Attorney. Upon successful
completion of the county impact incarceration program and mandatory
term of monitored release and if there is an additional period of probation
given, the person shall at that time begin his or her probationary sentence
under the supervision of the Adult Probation Department.
(h) A person may be removed from the county impact incarceration program for
a violation of the terms or
conditions of the program or in the event he or she is for any reason unable to
participate. The failure to complete the program for any reason, including the
8 to 12 month monitored release period, shall be deemed a violation of the
county impact incarceration sentence. The Sheriff shall give notice to the
State's Attorney of the person's failure to complete the program. The Sheriff
shall file a petition for violation of the county impact incarceration sentence
with the court and the State's Attorney may proceed on the petition under
Section 5-6-4 of this Code. The Sheriff shall promulgate rules and regulations
governing conduct which could result in removal from the program or in a
determination that the person has not successfully completed the program.
The mandatory conditions of every county impact incarceration sentence
shall
include that the person either while in the program or during the period of
monitored release:
(1) not violate any criminal statute of any | ||
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(2) report or appear in person before any such person | ||
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(3) refrain from possessing a firearm or other | ||
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(4) not leave the State without the consent of the | ||
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(5) permit representatives of the Sheriff to visit at | ||
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(i) The Sheriff may terminate the county impact incarceration program at
any time.
(j) The Sheriff shall report to the county board on or before September
30th of each year on the county impact incarceration program, including the
composition of the program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)
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(730 ILCS 5/5-8-1.3)
Sec. 5-8-1.3. (Repealed).
(Source: P.A. 102-1100, eff. 1-1-23. Repealed by P.A. 103-363, eff. 7-28-23.)
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(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an
offender to a term of imprisonment in excess of the maximum
sentence authorized by Article 4.5 of Chapter V for an offense or offenses within the class of the most
serious offense of which the offender was convicted unless the
factors in aggravation set forth in Section
5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present.
If the pre-trial and trial proceedings were
conducted in compliance with subsection (c-5) of Section 111-3 of the Code of
Criminal Procedure of 1963, the judge may sentence an offender to an extended term as provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
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(730 ILCS 5/5-8-3)
Sec. 5-8-3. (Repealed).
(Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 95-1052, eff. 7-1-09.)
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(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) (Text of Section before amendment by P.A. 103-825) Sec. 5-8-4. Concurrent and consecutive terms of imprisonment. (a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section. (b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a
misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence. (c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances: (1) If, having regard to the nature and circumstances | ||
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(2) If one of the offenses for which a defendant was | ||
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(3) If a person charged with a felony commits a | ||
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(4) If a person commits a battery against a county | ||
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(5) If a person admitted to pretrial release | ||
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(6) If a person is found to be in possession of an | ||
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(7) If a person is sentenced for a violation of a | ||
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(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances: (1) One of the offenses for which the defendant was | ||
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(2) The defendant was convicted of a violation of | ||
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(2.5) The defendant was convicted of a violation of | ||
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(3) The defendant was convicted of armed violence | ||
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(4) The defendant was convicted of the offense of | ||
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(5) The defendant was convicted of a violation of | ||
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(5.5) The defendant was convicted of a violation of | ||
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(6) If the defendant was in the custody of the | ||
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(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||
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(8) (Blank). (8.5) (Blank). (9) (Blank).
(10) (Blank). (11) (Blank). (e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a
sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized. (f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum
and aggregate minimum of consecutive sentences shall be determined as follows: (1) For sentences imposed under law in effect prior | ||
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(2) For sentences imposed under the law in effect on | ||
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(g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following: (1) The maximum period of a term of imprisonment | ||
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(2) The parole or mandatory supervised release term | ||
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(3) The minimum period of imprisonment shall be the | ||
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(4) The defendant shall be awarded credit against the | ||
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(h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987. (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 102-1104, eff. 12-6-22.) (Text of Section after amendment by P.A. 103-825) Sec. 5-8-4. Concurrent and consecutive terms of imprisonment. (a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section. (b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence. (c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances: (1) If, having regard to the nature and circumstances | ||
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(2) If one of the offenses for which a defendant was | ||
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(3) If a person charged with a felony commits a | ||
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(4) If a person commits a battery against a county | ||
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(5) If a person admitted to pretrial release | ||
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(6) If a person is found to be in possession of an | ||
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(7) If a person is sentenced for a violation of a | ||
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(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances: (1) One of the offenses for which the defendant was | ||
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(2) The defendant was convicted of a violation of | ||
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(2.5) The defendant was convicted of a violation of | ||
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(2.6) The defendant was convicted of: (A) a violation of paragraph (2) of subsection | ||
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(B) a violation of paragraph (1) of Section | ||
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(3) The defendant was convicted of armed violence | ||
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(4) The defendant was convicted of the offense of | ||
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(5) The defendant was convicted of a violation of | ||
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(5.5) The defendant was convicted of a violation of | ||
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(6) If the defendant was in the custody of the | ||
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(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||
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(8) (Blank). (8.5) (Blank). (9) (Blank). (10) (Blank). (11) (Blank). (e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized. (f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum and aggregate minimum of consecutive sentences shall be determined as follows: (1) For sentences imposed under law in effect prior | ||
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(2) For sentences imposed under the law in effect on | ||
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(g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following: (1) The maximum period of a term of imprisonment | ||
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(2) The parole or mandatory supervised release term | ||
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(3) The minimum period of imprisonment shall be the | ||
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(4) The defendant shall be awarded credit against the | ||
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(h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987. (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.) |
(730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
Sec. 5-8-5.
Commitment of the Offender.
Upon rendition of judgment after pronouncement of a sentence of periodic
imprisonment, imprisonment, or death, the court shall commit the offender
to the custody of the sheriff or to the Department of Corrections. A
sheriff in executing an order for commitment to the Department
of Corrections shall convey such offender to the nearest receiving station
designated by the Department of Corrections. The court may commit the
offender to the custody of the Attorney General of the United States under
Section 5-8-6 when a sentence for a State offense provides that such
sentence is to run concurrently with a previous and unexpired federal
sentence. The expense of conveying a person committed by the juvenile court
or an offender convicted of a felony shall be paid by the State. The expenses
in all other cases shall be paid by the county of the committing court.
(Source: P.A. 84-551.)
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(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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(730 ILCS 5/5-8-7)
Sec. 5-8-7. (Repealed).
(Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)
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(730 ILCS 5/5-8-8) Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. (a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council. (b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois.
In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of this Code: (1) prescribe sanctions proportionate to the | ||
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(2) forbid and prevent the commission of offenses; (3) prevent arbitrary or oppressive treatment of | ||
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(4) restore offenders to useful citizenship. (c) Council composition. (1) The Council shall consist of the following | ||
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(A) the President of the Senate, or his or her | ||
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(B) the Minority Leader of the Senate, or his or | ||
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(C) the Speaker of the House, or his or her | ||
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(D) the Minority Leader of the House, or his or | ||
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(E) the Governor, or his or her designee; (F) the Attorney General, or his or her designee; (G) two retired judges, who may have been | ||
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(G-5) (blank); (H) the Cook County State's Attorney, or his or | ||
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(I) the Cook County Public Defender, or his or | ||
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(J) a State's Attorney not from Cook County, | ||
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(K) the State Appellate Defender, or his or her | ||
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(L) the Director of the Administrative Office of | ||
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(M) a victim of a violent felony or a | ||
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(N) a representative of a community-based | ||
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(O) a criminal justice academic researcher, to be | ||
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(P) a representative of law enforcement from a | ||
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(Q) a sheriff outside of Cook County selected by | ||
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(R) ex-officio members shall include: (i) the Director of Corrections, or his or | ||
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(ii) the Chair of the Prisoner Review Board, | ||
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(iii) the Director of the Illinois State | ||
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(iv) the Director of the Illinois Criminal | ||
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(v) the Cook County Sheriff, or his or her | ||
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(1.5) The Chair and Vice Chair shall be elected from | ||
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(2) Members of the Council who serve because of their | ||
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(3) Council members shall serve without compensation | ||
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(4) The Council may exercise any power, perform any | ||
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(5) The Council shall determine the qualifications | ||
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(d) Duties. The Council shall perform, as resources permit, duties including: (1) Collect and analyze information including | ||
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(2) Prepare criminal justice population projections | ||
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(3) Analyze data relevant to proposed sentencing | ||
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(4) Ensure that adequate resources and facilities are | ||
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(4.5) Study and conduct a thorough analysis of | ||
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(4.6) Study and identify discriminatory practices in | ||
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(5) Perform such other studies or tasks pertaining to | ||
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(6) Perform such other functions as may be required | ||
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(7) Publish a report on the trends in sentencing for | ||
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(e) Authority. (1) The Council shall have the power to perform the | ||
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(2) Upon request from the Council, each executive | ||
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(f) Report. The Council shall report in writing annually to the General Assembly, the Illinois Supreme Court, and the Governor. (g) (Blank).
(Source: P.A. 103-657, eff. 7-19-24.) |
(730 ILCS 5/Ch. V Art. 8A heading) ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION
(Source: P.A. 99-797, eff. 8-12-16.) |
(730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1)
Sec. 5-8A-1. Title. This Article shall be known and may be cited as
the Electronic Monitoring and Home Detention Law.
(Source: P.A. 99-797, eff. 8-12-16.)
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(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device approved by
the supervising authority which is primarily intended to record or transmit
information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means.
An approved electronic monitoring device may record or transmit: oral or
wire communications or an auditory sound; visual images; or information
regarding the offender's activities while inside the offender's home.
These devices are subject to the required consent as set forth in Section
5-8A-5 of this Article.
An approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring device, or the
participant and the person supervising the participant solely for the
purpose of identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice. (A-20) "Electronic monitoring" means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority. (B) "Excluded offenses" means first degree murder, escape, predatory
criminal sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or
possessing a firearm, ammunition or explosive in a penal institution, any
"Super-X" drug offense or calculated criminal drug conspiracy or streetgang
criminal drug conspiracy, or any predecessor or successor offenses with the
same or substantially the same elements, or any inchoate offenses relating to
the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender. (C) "Home detention" means the confinement of a person convicted or
charged with an offense to his or her place of residence under the terms
and conditions established by the supervising authority. Confinement need not be 24 hours per day to qualify as home detention, and significant restrictions on liberty such as 7pm to 7am curfews shall qualify. Home confinement may or may not be accompanied by electronic monitoring, and electronic monitoring is not required for purposes of sentencing credit.
(D) "Participant" means an inmate or offender placed into an
electronic monitoring program.
(E) "Supervising authority" means the Department of Corrections, the Department of Juvenile Justice,
probation department, a Chief Judge's office, pretrial services division or department, sheriff, superintendent of
municipal house of corrections or any other officer or agency charged with
authorizing and supervising electronic monitoring and home detention.
(F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances
Act.
(G) "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender. (Source: P.A. 101-652, eff. 7-1-21.)
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(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person charged with
or convicted of an
excluded offense may not be placed in an electronic monitoring or home
detention program, except for bond pending trial or appeal or while on parole, aftercare release,
or mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class 1 felony,
other than an excluded offense, may be placed in an electronic monitoring or home detention
program for a period not to exceed the last 90 days of incarceration.
(c) A person serving a sentence for a conviction
of a Class X felony, other than an excluded offense, may be placed
in an electronic monitoring or home detention program for a period not to exceed the last 90
days of incarceration, provided that the person was sentenced on or after August 11, 1993 (the
effective date of Public Act 88-311) and provided that the court has
not prohibited the program for the person in the sentencing order.
(d) A person serving a sentence for conviction of an offense other than
for predatory criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
criminal sexual abuse, or felony criminal sexual abuse, may be placed in an
electronic monitoring or home detention program for a period not to exceed the last 12 months
of incarceration, provided that (i) the person is 55 years of age or older;
(ii) the person is serving a determinate sentence; (iii) the person has served
at least 25% of the sentenced prison term; and (iv) placement in an electronic
monitoring or home detention program is approved by the Prisoner Review Board or the Department of Juvenile Justice.
(e) A person serving a sentence for conviction
of a Class 2, 3, or 4 felony offense which is not an excluded offense may be
placed in an
electronic monitoring or home detention program pursuant to Department administrative
directives. These directives shall encourage inmates to apply for electronic detention to incentivize positive behavior and program participation prior to and following their return to the community, consistent with Section 5-8A-4.2 of this Code. These directives shall not prohibit application solely for prior mandatory supervised release violation history, outstanding municipal warrants, current security classification, and prior criminal history, though these factors may be considered when reviewing individual applications in conjunction with additional factors, such as the applicant's institution behavior, program participation, and reentry plan.
(f) Applications for electronic monitoring or home detention
may include the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory | ||
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(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(g) A person convicted of an offense described in clause (4) or (5) of
subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic monitoring or
home detention program for at least the first 2 years of the person's mandatory
supervised release term.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. 1-8-18.)
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(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4) (Text of Section before amendment by P.A. 103-745) Sec. 5-8A-4. Program description. The supervising authority may
promulgate rules that prescribe reasonable guidelines under which an
electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include,
but not be limited to, the following: (A) The participant may be instructed to remain | ||
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(1) working or employment approved by the court | ||
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(2) unemployed and seeking employment approved | ||
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(3) undergoing medical, psychiatric, mental | ||
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(4) attending an educational institution or a | ||
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(5) attending a regularly scheduled religious | ||
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(6) participating in community work release or | ||
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(7) for another compelling reason consistent with | ||
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(8) purchasing groceries, food, or other basic | ||
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(A-1) At a minimum, any person ordered to pretrial | ||
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(B) The participant shall admit any person or agent | ||
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(C) The participant shall make the necessary | ||
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(D) The participant shall acknowledge and participate | ||
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(E) The participant shall maintain the following: (1) access to a working telephone; (2) a monitoring device in the participant's | ||
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(3) a monitoring device in the participant's home | ||
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(F) The participant shall obtain approval from the | ||
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(G) The participant shall not commit another crime | ||
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(H) Notice to the participant that violation of the | ||
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(I) The participant shall abide by other conditions | ||
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(J) This Section takes effect January 1, 2022. (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.) (Text of Section after amendment by P.A. 103-745) Sec. 5-8A-4. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include, but not be limited to, the following: (A) The participant may be instructed to remain | ||
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(1) working or employment approved by the court | ||
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(2) unemployed and seeking employment approved | ||
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(3) undergoing medical, psychiatric, mental | ||
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(4) attending an educational institution or a | ||
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(5) attending a regularly scheduled religious | ||
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(6) participating in community work release or | ||
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(7) for another compelling reason consistent with | ||
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(8) purchasing groceries, food, or other basic | ||
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(A-1) At a minimum, any person ordered to pretrial | ||
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(B) The participant shall admit any person or agent | ||
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(C) The participant shall make the necessary | ||
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(D) The participant shall acknowledge and participate | ||
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(E) The participant shall maintain the following: (1) access to a working telephone; (2) a monitoring device in the participant's | ||
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(3) a monitoring device in the participant's home | ||
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(F) The participant shall obtain approval from the | ||
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(G) The participant shall not commit another crime | ||
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(H) Notice to the participant that violation of the | ||
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(I) The participant shall abide by other conditions | ||
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The supervising authority shall adopt rules to immediately remove all approved electronic monitoring devices of a pregnant participant during labor and delivery. This Section takes effect January 1, 2022. (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22; 103-745, eff. 1-1-25.) |
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape. (a) A person charged with a felony,
or charged with an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic
monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class 3 felony.
(b) A person charged with or convicted of a misdemeanor,
or charged with an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic
monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class B misdemeanor.
(c) A person who violates this Section while armed with a dangerous weapon
is guilty of a Class 1 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
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(730 ILCS 5/5-8A-4.2) Sec. 5-8A-4.2. Successful transition to the community. (a) The Department shall engage in reentry planning to include individualized case planning for persons preparing to be released to the community. This planning shall begin at intake and be supported throughout the term of incarceration, with a focused emphasis in the year prior to the inmate's mandatory statutory release date. All inmates within one year of their mandatory statutory release data shall be deemed to be in reentry status. The Department shall develop administrative directives to define reentry status based on the requirements of this Section. (b) The Department shall develop incentives to increase program and
treatment participation,
positive behavior, and readiness to change. (c) The Department shall coordinate with, and provide access at the point of release for, community partners and State and local government agencies to support successful transitions through assistance in planning and by providing appropriate programs to inmates in reentry status. The Department shall work with community partners and appropriate state agencies to
support the successful transitions through assistance in
planning and by providing appropriate
programs to persons prior to release. Release planning shall include, but is not limited to: (1) necessary documentation to include birth | ||
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(2) vocational or educational short-term and | ||
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(3) financial literacy and planning to include | ||
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(4) access to healthcare, mental healthcare, and | ||
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(5) living and transportation arrangements; (6) family reunification, if appropriate, and | ||
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(7) information about community-based employment | ||
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(d) The Illinois Housing Development Authority shall create a Frequent Users Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program for the most vulnerable persons exiting the Department of Corrections. The Re-Entry rental subsidy supportive housing program shall be targeted to persons with disabilities who have a history of incarcerations, hospitalizations, and homelessness. The Illinois Housing Development Authority, the Department of Human Services Statewide Housing Coordinator, stakeholders, and the Department of Corrections shall adopt policies and procedures for the FUSE Re-Entry rental subsidy supportive housing program including eligibility criteria, geographic distribution, and documentation requirements which are similar to the Rental Housing Support Program. The funding formula for this program shall be developed by calculating the number of prison bed days saved through the timely releases that would not be possible but for the Re-Entry rental subsidy supportive housing program. Funding shall include administrative costs for the Illinois Housing Development Authority to operate the program. (e) The Department shall report to the General Assembly on or before January 1, 2019, and annually thereafter, on
these activities to support successful transitions to the community. This report shall include the
following information regarding persons released from the Department: (1) the total number of persons released each year | ||
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(2) the number of persons assessed as having a high | ||
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(3) the number of persons released in the reporting | ||
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(4) the number of persons who have been released to | ||
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(5) the number of persons who have been released | ||
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(6) when implemented, the number of Frequent Users | ||
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(Source: P.A. 100-575, eff. 1-8-18.) |
(730 ILCS 5/5-8A-4.15) Sec. 5-8A-4.15. Failure to comply with a condition of the electronic monitoring or home detention program. (a) A person charged with a felony or misdemeanor, or charged with an act that, if committed by an adult, would constitute a felony, or misdemeanor, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly and intentionally violates a condition of the electronic monitoring or home detention program without notification to the proper authority is subject to sanctions as outlined in Section 110-6. (b) A person who violates a condition of the electronic monitoring or home detention program by knowingly and intentionally removing, disabling, destroying, or circumventing the operation of an approved electronic monitoring device shall be subject to penalties for escape under Section 5-8A-4.1.
(Source: P.A. 102-1104, eff. 12-6-22.) |
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before entering an order for
commitment for electronic monitoring, the supervising authority shall
inform the participant and other persons residing in the home of the nature
and extent of the approved electronic monitoring devices by doing the
following:
(A) Securing the written consent of the participant | ||
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(B) Where possible, securing the written consent of | ||
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(C) Ensure that the approved electronic devices be | ||
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This Section does not apply to persons subject to electronic monitoring or home detention as a term or condition of parole, aftercare release, or mandatory supervised release
under subsection (d) of Section 5-8-1 of this Code.
(Source: P.A. 99-797, eff. 8-12-16; 100-201 eff. 8-18-17; 100-431, eff. 8-25-17.)
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(730 ILCS 5/5-8A-5.1) Sec. 5-8A-5.1. Public notice of release on electronic monitoring or home detention. The Department of Corrections must make identification information and a recent photo of an inmate being placed on electronic monitoring or home detention under the provisions of this Article accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release on electronic monitoring or home detention, and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(Source: P.A. 99-797, eff. 8-12-16.) |
(730 ILCS 5/5-8A-6)
Sec. 5-8A-6. Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012, in a court order, or as a condition of the offender's parole, mandatory supervised release, or extended mandatory supervised release and the offender's departure from specified geographic limitations. To the extent that he or she is able to do so, which the Department of Corrections by rule shall determine, the offender must pay for the cost of the electronic monitoring. Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.) |
(730 ILCS 5/5-8A-7) Sec. 5-8A-7. Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, Department of Juvenile Justice, or court (the supervising authority) orders electronic surveillance as a condition of parole, aftercare release, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of pretrial release for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have real-time and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach. The supervising authority may also require that the electronic surveillance ordered under this Section monitor the consumption of alcohol or drugs.
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.) |
(730 ILCS 5/5-8A-8) Sec. 5-8A-8. Service of a minimum term of imprisonment. When an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic monitoring or home detention program for service of that minimum term of imprisonment unless (i) the offender was convicted of an excluded offense or (ii) the court's sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility.
(Source: P.A. 98-161, eff. 1-1-14; 99-797, eff. 8-12-16.) |
(730 ILCS 5/5-8A-9) Sec. 5-8A-9. Electronic monitoring by probation departments. If the supervising authority is a probation department, the Chief Judge of the circuit court may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees and shall not unduly burden the offender and shall be subject to review by the Chief Judge of the circuit court. The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(Source: P.A. 99-797, eff. 8-12-16.) |
(730 ILCS 5/Ch. V Art. 9 heading) ARTICLE 9.
FINES
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(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a
fine as provided in Article 4.5 of Chapter V.
(b) (Blank).
(c) (Blank).
(c-5) (Blank).
(c-7) (Blank).
(c-9) (Blank).
(d) In determining the amount and method of payment of a fine, except
for those fines established for violations of Chapter 15 of the Illinois
Vehicle Code, the court shall consider:
(1) the financial resources and future ability of the | ||
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(2) whether the fine will prevent the offender from | ||
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(3) in a case where the accused is a dissolved | ||
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(e) The court may order the fine to be paid forthwith or within a
specified period of time or in installments.
(f) (Blank).
(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) Sec. 5-9-1.1. (Repealed). (Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.1-5) Sec. 5-9-1.1-5. (Repealed).(Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
Sec. 5-9-1.2. (a) Twelve and one-half percent of all amounts collected
as fines pursuant to Section 5-9-1.1 shall be paid into the Youth Drug
Abuse Prevention Fund, which is hereby created in the State treasury, to be
used by the Department of Human Services
for the funding of
programs and services for drug-abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines
received pursuant to Section 5-9-1.1 shall be transmitted to and deposited
in the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law | ||
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(2) If such seizure was made by State law enforcement | ||
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(3) If a State law enforcement agency in combination | ||
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(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund. Monies from this fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; and to defray costs and
expenses
associated with returning violators of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in those Acts, when
punishment of the crime shall be confinement of the criminal in the
penitentiary. Moneys in the Drug Traffic Prevention Fund deposited from
fines
awarded
as a direct result of enforcement efforts of the Illinois Conservation Police
may be used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws regulating controlled substances
and cannabis on Department of Natural Resources regulated lands and
waterways. All other monies shall be paid into the general revenue
fund in the State treasury. (d) There is created in the State treasury the Methamphetamine Law Enforcement Fund. Moneys in the Fund shall be equitably allocated to local law enforcement agencies to: (1) reimburse those agencies for the costs of securing and cleaning up sites and facilities used for the illegal manufacture of methamphetamine; (2) defray the costs of employing full-time or part-time peace officers from a Metropolitan Enforcement Group or other local drug task force, including overtime costs for those officers; and (3) defray the costs associated with medical or dental expenses incurred by the county resulting from the incarceration of methamphetamine addicts in the county jail or County Department of Corrections.
(Source: P.A. 102-538, eff. 8-20-21.)
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(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
Sec. 5-9-1.3. Fines for offenses involving theft, deceptive practices, and
offenses against units of local government or school districts.
(a) When a person
has been adjudged guilty of a felony under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 17-1, 17-50, 17-51, 17-52, 17-52.5, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the court in an amount which is the greater of $25,000 or twice
the value of the property which is the subject of the offense.
(b) When a person has been convicted of a felony under Section 16-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 and the theft was committed upon any unit of local
government or school district, or
the person has been convicted of any violation of Sections 33C-1 through 33C-4
or Sections 33E-3 through 33E-18, or subsection (a), (b), (c), or (d) of Section 17-10.3, of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the
court in an amount that is the greater of $25,000 or treble the value of the
property which is the subject of the offense or loss to the unit of local
government or school district.
(c) All fines imposed under subsection (b) of this Section shall be
distributed as follows:
(1) An amount equal to 30% shall be distributed to | ||
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(2) An amount equal to 30% shall be distributed to | ||
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(3) An amount equal to 30% shall be distributed to | ||
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(4) An amount equal to 10% shall be distributed to | ||
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(d) A fine order under subsection (b) of this Section is a judgment lien in
favor of the victim unit of local government or school district, the State's
Attorney of the county where
the
violation
occurred, the law enforcement agency that investigated the violation, and the
circuit court clerk.
(Source: P.A. 96-1200, eff. 7-22-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4) Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit laboratory registered with the Drug Enforcement Administration of the United States Department of Justice, substantially funded by a unit or combination of units of local government or the State of Illinois, which regularly employs at least one person engaged in the analysis of controlled substances, cannabis, methamphetamine, or steroids for criminal justice agencies in criminal matters and provides testimony with respect to such examinations. (b) (Blank). (c) (Blank). (c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (d) Notwithstanding subsection (c-1) of this Section, all funds provided for by this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory fund as provided in subsection (f). (e) Crime laboratory funds shall be established as follows: (1) Any unit of local government which maintains a | ||
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(2) Any combination of units of local government | ||
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(3) The State Crime Laboratory Fund is hereby created | ||
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(f) Funds shall be forwarded to the office of the treasurer of the unit of local government that performed the analysis if that unit of local government has established a crime laboratory fund, or to the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police. If the analysis was performed by a crime laboratory funded by a combination of units of local government, the funds shall be forwarded to the treasurer of the county where the crime laboratory is situated if a crime laboratory fund has been established in that county. If the unit of local government or combination of units of local government has not established a crime laboratory fund, then the funds shall be forwarded to the State Crime Laboratory Fund. (g) Moneys deposited into a crime laboratory fund created pursuant to paragraph (1) or (2) of subsection (e) of this Section shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the crime laboratory. These uses may include, but are not limited to, the following: (1) costs incurred in providing analysis for | ||
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(2) purchase and maintenance of equipment for use in | ||
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(3) continuing education, training, and professional | ||
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(h) Moneys deposited in the State Crime Laboratory Fund created pursuant to paragraph (3) of subsection (d) of this Section shall be used by State crime laboratories as designated by the Director of the Illinois State Police. These funds shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act. These uses may include those enumerated in subsection (g) of this Section.(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
Sec. 5-9-1.5. (Repealed).
(Source: P.A. 93-810, eff. 1-1-05. Repealed by P.A. 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.6) (from Ch. 38, par. 1005-9-1.6)
Sec. 5-9-1.6.
(Repealed).
(Source: P.A. 87-895. Repealed by P.A. 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have the following
meanings ascribed to them:
(1) "Sexual assault" means the commission or | ||
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(2) (Blank).
(3) "Sexual assault organization" means any | ||
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(b) (Blank).
(c) Sexual Assault Services Fund; administration. There is created a
Sexual Assault Services Fund. Moneys deposited into the Fund under Section 15-20 and 15-40 of the Criminal and Traffic Assessment Act shall be appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services Fund, the Department
of Public Health shall make grants of these moneys from the Fund to sexual
assault organizations with whom the Department has contracts for the purpose of
providing community-based services to victims of sexual assault. Grants made
under this Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.8)
Sec. 5-9-1.8. Child pornography fines. Beginning July 1, 2006, 100% of the fines in
excess of $10,000 collected for violations of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012 shall be deposited into the Child Abuse Prevention Fund. Moneys in the Fund resulting from the fines
shall be for the use of the
Department of Children and Family Services for grants to private entities
giving treatment and counseling to victims of child sexual abuse.
(Source: P.A. 102-1071, eff. 6-10-22.)
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(730 ILCS 5/5-9-1.9) Sec. 5-9-1.9. DUI analysis. (a) "Crime laboratory" means a not-for-profit laboratory substantially funded by a single unit or combination of units of local government or the State of Illinois that regularly employs at least one person engaged in the DUI analysis of blood, other bodily substance, and urine for criminal justice agencies in criminal matters and provides testimony with respect to such examinations. "DUI analysis" means an analysis of blood, other bodily substance, or urine for purposes of determining whether a violation of Section 11-501 of the Illinois Vehicle Code has occurred. (b) (Blank). (c) (Blank). (c-1) A criminal laboratory DUI analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. (d) Notwithstanding subsection (c-1), all funds provided for by this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory DUI fund as provided in subsection (f). (e) Crime laboratory funds shall be established as follows: (1) A unit of local government that maintains a crime | ||
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(2) Any combination of units of local government that | ||
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(3) (Blank). (f) Notwithstanding subsection (c-1), all funds shall be forwarded to the office of the treasurer of the unit of local government that performed the analysis if that unit of local government has established a crime laboratory DUI fund, or remitted to the State Treasurer for deposit into the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police. If the analysis was performed by a crime laboratory funded by a combination of units of local government, the funds shall be forwarded to the treasurer of the county where the crime laboratory is situated if a crime laboratory DUI fund has been established in that county. If the unit of local government or combination of units of local government has not established a crime laboratory DUI fund, then the funds shall be remitted to the State Treasurer for deposit into the State Crime Laboratory Fund. (g) Moneys deposited into a crime laboratory DUI fund created under paragraphs (1) and (2) of subsection (e) of this Section shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the crime laboratory. These uses may include, but are not limited to, the following: (1) Costs incurred in providing analysis for DUI | ||
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(2) Purchase and maintenance of equipment for use in | ||
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(3) Continuing education, training, and professional | ||
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(h) Moneys deposited in the State Crime Laboratory Fund shall be used by State crime laboratories as designated by the Director of the Illinois State Police. These funds shall be in addition to any allocations made according to existing law and shall be designated for the exclusive use of State crime laboratories. These uses may include those enumerated in subsection (g) of this Section. (i) (Blank). (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(730 ILCS 5/5-9-1.10)
Sec. 5-9-1.10. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.11)
Sec. 5-9-1.11. Domestic Violence Abuser Services Fund.
(a) (Blank).
(b) Domestic Violence Abuser Services Fund; administration. There is
created a Domestic Violence Abuser Services Fund in the State Treasury. Moneys
deposited into the Fund under Section 15-70 of the Criminal and Traffic Assessments Act shall be appropriated to the
Department of Human Services for the purpose of providing services specified by
this Section. Upon appropriation
of moneys from the Domestic Violence Abuser Services Fund, the
Department of Human Services shall set aside 10% of all
appropriated funds for the purposes of program training, development and
assessment. The Department shall make grants of all remaining moneys from the
Fund to qualified domestic violence abuser services programs through a
competitive application process. A "qualified domestic violence abuser
services program" is one which the Department determines is in compliance with
protocols for abuser services promulgated by the Department. To the extent
possible the Department shall ensure that moneys received from penalties
imposed by courts in judicial districts are returned to qualified abuser
services programs serving those districts.
(Source: P.A. 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.12)
Sec. 5-9-1.12. (Repealed).
(Source: P.A. 97-901, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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(730 ILCS 5/5-9-1.13)
Sec. 5-9-1.13. Applications for transfer to other states.
A person
subject to conditions of probation, parole, or mandatory supervised release who
seeks to transfer to another state subject to the Interstate Compact for Adult
Offender Supervision must make provisions for the payment of any
restitution awarded by the circuit court and pay a fee of $125 to the proper
administrative or judicial authorities before being granted the transfer, or
otherwise arrange for payment. The fee payment from persons subject to a
sentence of probation shall be deposited into the general fund of the county in
which the circuit has jurisdiction. The fee payment from persons subject to
parole or mandatory supervised release shall be deposited into the General
Revenue
Fund. The proceeds of this fee shall be used to defray the costs of the
Department of Corrections or county sheriff departments, respectively, who will
be required to retrieve offenders that violate the terms of their transfers to
other states. Upon return to the State of Illinois, these persons shall also
be subject to reimbursing either the State of Illinois or the county for the
actual costs of returning them to Illinois.
(Source: P.A. 95-331, eff. 8-21-07.)
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(730 ILCS 5/5-9-1.14) Sec. 5-9-1.14. (Repealed).
(Source: P.A. 98-359, eff. 1-1-14. Repealed by P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.15) Sec. 5-9-1.15. (Repealed).
(Source: P.A. 101-571, eff. 8-23-19. Repealed by P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.16) Sec. 5-9-1.16. Protective order violation service provider fees. (a) (Blank). (b)
(Blank). (c) The supervising authority of a domestic violence surveillance program under Section 5-8A-7 of this Act shall assess a person either convicted of, or charged with, the violation of an order of protection an additional service provider fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program. If the court finds that the fee would impose an undue burden on the victim, the court may reduce or waive the fee. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fee. When the supervising authority is the court or the probation and court services department, the fee shall be collected by the circuit court clerk. The clerk of the circuit court shall pay all monies collected from this fee and all other required probation fees that are assessed to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probations Officers Act. In counties with a population of 2 million or more, when the supervising authority is the court or the probation and court services department, the fee shall be collected by the supervising authority. In these counties, the supervising authority shall pay all monies collected from this fee and all other required probation fees that are assessed, to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit into the Department of Corrections Reimbursement and Education Fund. (d) (Blank). (e) (Blank).
(Source: P.A. 99-933, eff. 1-27-17; 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.17) Sec. 5-9-1.17. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.18)
Sec. 5-9-1.18. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.19) Sec. 5-9-1.19. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.20) Sec. 5-9-1.20. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.21) Sec. 5-9-1.21. Specialized Services for Survivors of Human Trafficking Fund. (a) There is created in the State treasury a Specialized Services for Survivors of Human Trafficking Fund. Moneys deposited into the Fund under this Section shall be available for the Department of Human Services for the purposes in this Section. (b) (Blank). (c) (Blank). (d) Upon appropriation of moneys from the Specialized Services for Survivors of Human Trafficking Fund, the Department of Human Services shall use these moneys to make grants to non-governmental organizations to provide specialized, trauma-informed services specifically designed to address the priority service needs associated with prostitution and human trafficking. Priority services include, but are not limited to, community based drop-in centers, emergency housing, and long-term safe homes. The Department shall consult with prostitution and human trafficking advocates, survivors, and service providers to identify priority service needs in their respective communities. (e) Grants made under this Section are in addition to, and not substitutes for, other grants authorized and made by the Department. (f) Notwithstanding any other law to the contrary, the Specialized Services for Survivors of Human Trafficking Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Specialized Services for Survivors of Human Trafficking Fund into any other fund of the State.
(Source: P.A. 100-987, eff. 7-1-19.) |
(730 ILCS 5/5-9-1.22) Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who is convicted or receives a disposition of court supervision for a violation of
Section 11-501 of the Illinois Vehicle Code shall, in addition to any other
disposition, penalty, or fine imposed, pay a fee of
$50 which shall
be collected by the clerk of the court and then remitted to the State Treasurer for deposit into the Roadside Memorial Fund, a special fund that is created in the State treasury. However, the court may waive the fee if full restitution is complied with. Subject to appropriation, all moneys in the Roadside Memorial Fund shall be used by the Department of Transportation to pay fees imposed under subsection (f) of Section 20 of the Roadside Memorial Act. This Section is substantially the same as Section
5-9-1.18 of the Unified Code of Corrections, which Section was repealed by
Public Act 100-987, and shall be construed as a
continuation of the fee established by that prior law, and not as a new or different
fee.
(Source: P.A. 101-10, eff. 6-5-19; 102-278, eff. 8-6-21.) |
(730 ILCS 5/5-9-2) (from Ch. 38, par. 1005-9-2)
Sec. 5-9-2.
Revocation of a Fine.
Except as to fines established for
violations of Chapter 15 of the Illinois Vehicle Code, the court, upon good
cause shown, may revoke the fine or the unpaid portion or may modify the
method of payment.
(Source: P.A. 87-396.)
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(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) An offender who defaults in the payment of a fine or
any
installment of that fine may be held in contempt and imprisoned for nonpayment. The
court may issue a summons for his appearance or a warrant of arrest.
(b) Unless the offender shows that his default was not due to his
intentional refusal to pay, or not due to a failure on his part to make a
good faith effort to pay, the court may order the offender imprisoned for a
term not to exceed 6 months if the fine was for a felony, or 30 days if the
fine was for a misdemeanor, a petty offense or a business offense. Payment
of the fine at any time will entitle the offender to be released, but
imprisonment under this Section shall not satisfy the payment of the fine.
(c) If it appears that the default in the payment of a fine is not
intentional under paragraph (b) of this Section, the court may enter an
order allowing the offender additional time for payment, reducing the
amount of the fine or of each installment, or revoking the fine or the
unpaid portion.
(d) When a fine is imposed on a corporation or unincorporated
organization or association, it is the duty of the person or persons
authorized to make disbursement of assets, and their superiors, to pay the
fine from assets of the corporation or unincorporated organization or
association. The failure of such persons to do so shall render them subject
to proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof
may be
collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain
attorneys and private collection agents for the purpose of collecting any
default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof. An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court. The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.
(f) This Section does not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987. (Source: P.A. 103-379, eff. 7-28-23.)
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(730 ILCS 5/5-9-4) (from Ch. 38, par. 1005-9-4)
Sec. 5-9-4.
Order of Withholding.
The court may enter an order of
withholding to collect the amount of a fine imposed on an offender in
accordance with Part 8 of Article XII of the Code of Civil Procedure.
(Source: P.A. 87-609.)
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(730 ILCS 5/Ch. VIII heading) CHAPTER VIII.
MISCELLANEOUS
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(730 ILCS 5/Ch. VIII Art. 1 heading) ARTICLE 1.
CUMULATIVE EFFECT
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(730 ILCS 5/8-1-1) (from Ch. 38, par. 1008-1-1)
Sec. 8-1-1.
Cumulative powers.
The provisions of this Code shall be cumulative in effect and if any
provision is inconsistent with another provision of this Code or with any
other Act not expressly repealed by Section 8-5-1, it shall be considered
as an alternative or additional power and not as a limitation upon any
other power granted to or possessed by the Department of Corrections.
(Source: P.A. 78-939.)
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(730 ILCS 5/8-1-2) (from Ch. 38, par. 1008-1-2)
Sec. 8-1-2.
Powers of State Agencies.
The provisions of this Code do not impair, alter, modify or repeal any
of the jurisdiction or powers possessed by any department, board,
commission, or officer of the State government immediately prior to the
effective date of this Code.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. VIII Art. 2 heading) ARTICLE 2.
SAVINGS PROVISIONS
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(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
Sec. 8-2-1. Saving clause.
The repeal of Acts or parts of Acts enumerated in Section 8-5-1 does
not: (1) affect any offense committed, act done, prosecution pending,
penalty, punishment or forfeiture incurred, or rights, powers or remedies
accrued under any law in effect immediately prior to the effective date of
this Code; (2) impair, avoid, or affect any grant or conveyance made or
right acquired or cause of action then existing under any such repealed Act
or amendment thereto; (3) affect or impair the validity of any pretrial release or other obligation issued or sold and constituting a valid
obligation of the issuing authority immediately prior to the effective date
of this Code; (4) the validity of any contract; or (5) the validity of any
tax levied under any law in effect prior to the effective date of this
Code. The repeal of any validating Act or part thereof shall not avoid the
effect of the validation. No Act repealed by Section 8-5-1 shall repeal any
Act or part thereof which embraces the same or a similar subject matter as
the Act repealed.
(Source: P.A. 101-652, eff. 1-1-23.)
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(730 ILCS 5/8-2-2) (from Ch. 38, par. 1008-2-2)
Sec. 8-2-2.
Continuation of prior law.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Code such
reference shall be held to refer to the Act or Section thereof so continued
in this Code.
(Source: P.A. 77-2097.)
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(730 ILCS 5/8-2-3) (from Ch. 38, par. 1008-2-3)
Sec. 8-2-3.
Existing indebtedness.
Any bond or other evidence of indebtedness issued under the provisions
of any Act repealed by this Code which is outstanding and unpaid on the
effective date of this Code shall be amortized and retired by taxation or
revenue in the manner provided by the Act under which such indebtedness was
incurred, notwithstanding the repeal of such Act.
However, the provisions of this Section shall not be construed to
prevent the refunding of any such indebtedness under the provisions of this
Code or as may be otherwise provided by law.
(Source: P.A. 77-2097.)
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(730 ILCS 5/8-2-4) (from Ch. 38, par. 1008-2-4)
Sec. 8-2-4.
Prosecutions Continued; Applicable Sentencing
Provisions. (a) Prosecution for any violation of law occurring
prior to January 1, 1973, is not affected or abated by the
Unified Code of Corrections. If the offense being prosecuted
has not reached the sentencing stage or a final adjudication
by January 1, 1973, then for purposes of sentencing the
sentences under the Unified Code of Corrections apply if
they are less than under the prior law upon which the
prosecution was commenced.
(b) Prosecution for any violation of law occurring before
the effective date of this amendatory Act of 1977 is not
affected or abated by this amendatory Act of 1977. If the
defendant has not been sentenced before the effective date
of this amendatory Act of 1977, he shall have the right to
elect to be sentenced under the law as it existed at the time
of his offense or under the law in effect on and after the
effective date of this amendatory Act of 1977. If a sentence
has been imposed before the effective date of this amendatory
Act of 1977, the defendant shall not have the right of election
even though his case has not been finally adjudicated on appeal;
however, where eligible, he shall have the rights provided by
Section 3-3-2.1 of this Code.
(Source: P.A. 80-1099.)
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(730 ILCS 5/Ch. VIII Art. 3 heading) ARTICLE 3.
CHAPTER, ARTICLE OR
SECTION HEADINGS - EFFECT -
REFERENCES THERETO
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(730 ILCS 5/8-3-1) (from Ch. 38, par. 1008-3-1)
Sec. 8-3-1.
Chapter, Article or Sections Headings-Effect.
Chapter Article or Section headings contained in this Code shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any Chapter, Article or Section hereof.
(Source: P.A. 77-2097.)
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(730 ILCS 5/8-3-2) (from Ch. 38, par. 1008-3-2)
Sec. 8-3-2.
References to headings.
Where, in this Code, reference is made to a Section, Article or Chapter
by its number and no Act is specified, the reference is to the
correspondingly numbered Section, Article or Chapter of this Code. Where
reference is made to "this Chapter" or "this Article" or "this Section" and
no Act is specified, the reference is to the Chapter, Article or Section of
this Code in which the reference appears. If any Section, Article or
Chapter of this Code is hereafter amended, the reference shall thereafter
be treated and considered as a reference to the Section, Article or Chapter
as so amended.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. VIII Art. 4 heading) ARTICLE 4.
SEVERABILITY
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(730 ILCS 5/8-4-1) (from Ch. 38, par. 1008-4-1)
Sec. 8-4-1.
Severability of invalid provisions.
If any provision of this Code or application thereof to any person or
circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Code which can be given effect without
the invalid application or provision, and to this end the provisions of
this Code are declared to be severable.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. VIII Art. 5 heading) ARTICLE 5.
REPEAL
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(730 ILCS 5/8-5-1) (from Ch. 38, par. 1008-5-1)
Sec. 8-5-1.
Repeals.
The following Acts and parts of Acts are repealed:
The "Juvenile Offenders Act", approved June 30, 1953, as amended.
"An Act relating to the establishment, operation and maintenance of the
Illinois Industrial School for Boys and to repeal an Act named therein",
approved June 30, 1953.
"An Act in relation to the Illinois State Training School for Boys",
approved May 10, 1901, as amended.
"An Act in relation to the Illinois State Training School for Girls, and
to repeal an Act named therein", approved June 30, 1953.
"An Act to establish and provide for a State Reformatory for Women",
approved June 30, 1927, as amended.
Section 1-7 of the "Criminal Code of 1961", approved July 28, 1961, as
amended.
Section 38a of the "Uniform Narcotic Drug Act", approved July 11, 1957,
as amended.
Sections 104-1, 104-2, 104-3, 113-7, 117-1, 117-2, 117-3, 118-1, 118-2,
119-1, 119-2, 119-3, 119-4, 123-1, 123-2, 123-3, 123-4, 123-6, 123-7, and
124-2 of the "Code of Criminal Procedure of 1963", approved August 14,
1963, as amended.
"An Act authorizing the Governor to enter into certain reciprocal
agreements with other states", approved January 7, 1936, as amended.
"An Act in relation to the employment of persons committed to a county
jail, house of correction or workhouse", approved July 17, 1959, as
amended.
"An Act in relation to imprisonment for nonpayment of a fine imposed for
violation of an ordinance, resolution, rule or regulation of a political
entity", approved August 13, 1963.
"An Act to regulate the manner of applying for pardons, reprieves and
commutations", approved May 31, 1879.
"An Act in relation to pardons and the commutation of sentences",
approved June 5, 1897, as amended.
"An Act in relation to the penitentiary at Joliet, to be entitled, 'An
Act to provide for the management of the Illinois State Penitentiary at
Joliet'", approved June 16, 1871, as amended.
"An Act to regulate the labor of convicts of the penitentiary of the
State", approved March 25, 1874, as amended.
"An Act in relation to certain rights of persons convicted of crime",
approved June 26, 1925, as amended.
"An Act in relation to merger of certain sentences", approved July 9,
1957.
"An Act to secure the clergymen of all denominations free access to the
penitentiary at Joliet and all other penal, reformatory and charitable
institutions in the State of Illinois", approved March 28, 1874, as
amended.
"An Act to give to the authorities of penitentiaries, in the State of
Illinois, police powers on grounds owned or leased by the State in
connection with said penitentiaries", approved May 30, 1881.
"An Act to regulate the employment of convicts and prisoners in penal
and reformatory institutions and regulating the disposition of the products
of convict or prison labor", approved May 11, 1903, as amended.
"An Act authorizing the employment of inmates in the penal and
reformatory institutions of the State for manufacturing materials and
machinery used in the construction and maintenance of State highways",
approved May 18, 1905, as amended.
"An Act to authorize the employment of convicts and prisoners in the
penal and reformatory institutions of the State of Illinois in the
preparation of road building materials and in working on the public roads,
etc.", approved June 28, 1913, as amended.
"An Act in relation to the Illinois State penitentiary", approved June
30, 1933, as amended.
"An Act concerning furloughs for qualified inmates of the State prison
system for certain purposes", approved July 31, 1969.
"An Act for the identification of habitual criminals", approved April
15, 1889, as amended.
"An Act to revise the law in relation to the fixing of the punishment
and the sentence and commitment of persons convicted of crime or offenses,
and providing for a system of parole", approved June 25, 1917, as amended.
"An Act in relation to the Illinois State Farm", approved June 27, 1923,
as amended.
Sections 5.11a, 6.05, 55a.1, 55a.2, 55b, 55c, 55c.1, 55d, 55e, 55f, 55g,
55h of "The Civil Administrative Code of Illinois", approved March 7, 1917,
as amended.
"An Act relating to the establishment, maintenance and operation of
certain transitional institutions by the Department of Corrections",
approved August 16, 1963, as amended.
"An Act to establish a professional apprentice system within the
Department of Corrections", approved August 16, 1963, as amended.
"An Act ratifying and approving the Interstate corrections compact and
providing for the administration thereof", approved August 4, 1971.
Public Act No. 77-358.
Public Act No. 77-359.
Public Act No. 77-365.
Public Act No. 77-366.
Public Act No. 77-367.
Public Act No. 77-368.
Public Act No. 77-432.
Public Act No. 77-448.
Public Act No. 77-449.
Public Act No. 77-451.
Public Act No. 77-453.
Public Act No. 77-454.
Public Act No. 77-455.
Public Act No. 77-458.
Public Act No. 77-651.
Public Act No. 77-661.
Public Act No. 77-768.
Public Act No. 77-1425.
(Source: P.A. 77-2097.)
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(730 ILCS 5/Ch. VIII Art. 6 heading) ARTICLE 6.
EFFECTIVE DATE
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(730 ILCS 5/8-6-1) (from Ch. 38, par. 1008-6-1)
Sec. 8-6-1.
Effective Date.
This Act shall take effect January 1, 1973.
(Source: P.A. 77-2097.)
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