Illinois Compiled Statutes 730 Corrections: Article V - Sentencing
Article 1. General Definitions
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-1-6
Court. "Court" means a circuit court of Illinois and includes a judge thereof. (Source: P.A. 77-2097.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-1-7
Defendant. "Defendant" means a person charged with an offense. (Source: P.A. 77-2097.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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 who...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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.
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-1-9
Felony. "Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-1-13
Intellectually Disabled. "Intellectually disabled" and "intellectual disability" mean sub-average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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:...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-1-19
Sentence. "Sentence" is the disposition imposed by the court on a convicted defendant. (Source: P.A. 77-2097.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-1-20
State. "State" or "this State" means the State of Illinois. (Source: P.A. 77-2097.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 2. Diversion for Specialized Treatment
Article 3. Presentence Procedure
Article 4. Sentencing
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-4-1
Sentencing Hearing. (a) Except when the death penalty is sought under hearing procedures otherwise specified, after a determination of guilt, a hearing shall be held...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-4-3a
DNA testing backlog accountability. (a) On or before August 1 of each year, the Department of State Police shall report to the Governor and both...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 4.5. General Sentencing Provisions (Source: P. A. 95-1052, Eff. 7-1-09.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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 felony)....
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-4.5-20
FIRST DEGREE MURDER; SENTENCE. For first degree murder: (a) TERM. The defendant shall be sentenced to imprisonment or, if appropriate, death under Section 9-1 of...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-4.5-25
CLASS X FELONIES; SENTENCE. For a Class X felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 6...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
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
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-5-1
(Repealed). (Source: P.A. 84-1450. Repealed by P.A. 95-1052, eff. 7-1-09.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-5-2
(Repealed). (Source: P.A. 80-1099. Repealed by P.A. 95-1052, eff. 7-1-09.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-5-4.3
(Repealed). (Source: P.A. 95-1052, eff. 7-1-09. Repealed by P.A. 97-800, eff. 7-13-12.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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 Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 5.5. Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-5.5-5
Definitions and rules of construction. In this Article: "Eligible offender" means a person who has been convicted of a crime in this State or of...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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,...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-5.5-20
(Repealed). (Source: P.A. 93-207, eff. 1-1-04. Repealed by P.A. 96-852, eff. 1-1-10.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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,...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 6. Sentences of Probation and Conditional Discharge
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-6-3.4
Second Chance Probation. (a) Whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 7. Sentence of Periodic Imprisonment
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
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.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8-3
(Repealed). (Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 95-1052, eff. 7-1-09.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8-6
Place of Confinement. (a) Offenders sentenced to a term of imprisonment for a felony shall be committed to the penitentiary system of the Department of...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8-7
(Repealed). (Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 8a. Electronic Home Detention
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-1
Title. This Article shall be known and may be cited as the Electronic Home Detention Law. (Source: P.A. 86-1281.)
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-4
Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic home detention program shall operate. These rules shall...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-4.1
Escape; failure to comply with a condition of the electronic home monitoring detention program. (a) A person charged with or convicted of a felony, or...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-5
Consent of the participant. Before entering an order for commitment for electronic home detention, the supervising authority shall inform the participant and other persons residing...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-5.1
Public notice of release on electronic home monitoring detention. The Department must make identification information and a recent photo of an inmate being placed on...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-6
Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic home monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-8A-7
Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, or court (the supervising authority) orders electronic surveillance as a condition of parole,...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Article 9. Fines
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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) There shall...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.1
Drug related offenses. (a) When a person has been adjudged guilty of a drug related offense involving possession or delivery of cannabis or possession or...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.1-5
Methamphetamine related offenses. (a) When a person has been adjudged guilty of a methamphetamine related offense involving possession or delivery of methamphetamine or any salt...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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,...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.5
Domestic violence fine. In addition to any other penalty imposed, a fine of $200 shall be imposed upon any person who pleads guilty or no...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.6
Fine for Domestic Battery. There shall be added to every penalty imposed in sentencing for the offense of domestic battery an additional fine in...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.9
DUI analysis fee. (a) "Crime laboratory" means a not-for-profit laboratory substantially funded by a single unit or combination of units of local government or...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.10
Additional fines. There shall be added to every penalty imposed in sentencing for a violation of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.11
Violation of an order of protection; Fund. (a) In addition to any other penalty imposed, a fine of $20 shall be imposed upon any...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.12
Arson fines. (a) In addition to any other penalty imposed, a fine of $500 shall be imposed upon a person convicted of the offense of...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.14
Additional child pornography fines. In addition to any other penalty imposed, a fine of $500 shall be imposed upon a person convicted of child pornography...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.15
Sex offender fines. (a) There shall be added to every penalty imposed in sentencing for a sex offense as defined in Section 2 of the...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.16
Protective order violation fees. (a) There shall be added to every penalty imposed in sentencing for a violation of an order of protection under Section...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.17
Additional fine to fund expungement of juvenile records. (a) There shall be added to every penalty imposed in sentencing for a criminal offense an additional...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.18
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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.19
Additional streetgang fine. In addition to any other penalty imposed, a fine of $100 shall be imposed upon a person convicted of any violation of...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 5-9-1.20
Additional violation of parole fines. In addition to any other penalty imposed, a fine of $25 shall be imposed upon a person convicted of any...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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....
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
- Illinois Unified Code of Corrections. - 730 ILCS 5, Section 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...
Last modified: February 18, 2015