Illinois Compiled Statutes 730 Corrections: Article V - Sentencing

Article 1. General Definitions

Article 2. Diversion for Specialized Treatment

Article 3. Presentence Procedure

Article 4. Sentencing

Article 4.5. General Sentencing Provisions (Source: P. A. 95-1052, Eff. 7-1-09.)

For Imposition of Additional Amounts and Determination of Amounts and Payment. (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. 95-1052, Eff. 7-1-09.)

For Imposition of Additional Amounts and Determination of Amounts and Payment. (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 Home Detention. See Section 5-8a-3 (730 Ilcs 5/5-8a-3) Concerning Eligibility for Electronic Home Detention. (Source: P. A. 97-697, Eff. 6-22-12.)

For Imposition of Additional Amounts and Determination of Amounts and Payment. (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 Home Detention. See Section 5-8a-3 (730 Ilcs 5/5-8a-3) Concerning Eligibility for Electronic Home Detention. (Source: P. A. 97-697, Eff. 6-22-12.)

For Imposition of Additional Amounts and Determination of Amounts and Payment. (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 Home Detention. See Section 5-8a-3 (730 Ilcs 5/5-8a-3) Concerning Eligibility for Electronic Home Detention. (Source: P. A. 97-697, Eff. 6-22-12.)

For Imposition of Additional Amounts and Determination of Amounts and Payment. (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 Crimes; (2) the Defendant and the Public Would Be Best Served if the Defendant Were Not to Receive a Criminal Record; and (3) in the Best Interests of Justice, an Order of Supervision Is More Appropriate Than a Sentence Otherwise Permitted Under This Code. (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. 95-1052, Eff. 7-1-09.)

For Imposition of Additional Amounts and Determination of Amounts and Payment. (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 Crimes; (2) the Defendant and the Public Would Be Best Served if the Defendant Were Not to Receive a Criminal Record; and (3) in the Best Interests of Justice, an Order of Supervision Is More Appropriate Than a Sentence Otherwise Permitted Under This Code. (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. 95-1052, Eff. 7-1-09.)

Article 5. Authorized Dispositions

Article 5.5. Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law

Article 6. Sentences of Probation and Conditional Discharge

Article 7. Sentence of Periodic Imprisonment

Article 8. Imprisonment

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.)

Article 8a. Electronic Home Detention

Article 9. Fines

Last modified: February 18, 2015