Illinois Compiled Statutes 730 ILCS 5 Unified Code of Corrections. Section 5-5-3.1

    (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

    nor threatened serious physical harm to another.

        (2) The defendant did not contemplate that his

    criminal conduct would cause or threaten serious physical harm to another.

        (3) The defendant acted under a strong provocation.

        (4) There were substantial grounds tending to excuse

    or justify the defendant's criminal conduct, though failing to establish a defense.

        (5) The defendant's criminal conduct was induced or

    facilitated by someone other than the defendant.

        (6) The defendant has compensated or will compensate

    the victim of his criminal conduct for the damage or injury that he sustained.

        (7) The defendant has no history of prior delinquency

    or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.

        (8) The defendant's criminal conduct was the result

    of circumstances unlikely to recur.

        (9) The character and attitudes of the defendant

    indicate that he is unlikely to commit another crime.

        (10) The defendant is particularly likely to comply

    with the terms of a period of probation.

        (11) The imprisonment of the defendant would entail

    excessive hardship to his dependents.

        (12) The imprisonment of the defendant would endanger

    his or her medical condition.

        (13) The defendant was intellectually disabled as

    defined in Section 5-1-13 of this Code.

        (14) The defendant sought or obtained emergency

    medical assistance for an overdose and was convicted of a Class 3 felony or higher possession, manufacture, or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog under the Illinois Controlled Substances Act or a Class 2 felony or higher possession, manufacture or delivery of methamphetamine under the Methamphetamine Control and Community Protection Act.

    (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. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, eff. 8-16-13.)

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Last modified: February 18, 2015