(730 ILCS 5/5‑2‑4) (from Ch. 38, par. 1005‑2‑4)
(Text of Section from P.A. 93‑78)
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 subject to involuntary admission or 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 unless the Court
determines that there are compelling reasons why such placement is not
necessary. After the evaluation and during the period of time required to
determine the appropriate placement, the defendant shall remain in jail.
Upon completion of the placement process the sheriff shall be notified and
shall transport the defendant to the designated facility.
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) subject to involuntary admission; (b)
in need of mental health services on an inpatient basis; (c) in need of
mental health services on an outpatient basis; (d) a person not in need of
mental health services. The Court shall enter its findings.
If the defendant is found to be subject to involuntary admission or 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 unless the Court determines
that there are compelling reasons why such placement is not necessary. 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, may 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 in treatment or
rehabilitation and the safety of the defendant or others. If the Court
finds the person not in need of mental health services, then the Court
shall order the defendant discharged from custody.
(1) Definitions: For the purposes of this Section:
(A) "Subject to involuntary admission" means: a |
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defendant has been found not guilty by reason of insanity; and
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(i) who is mentally ill and who because of his
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mental illness is reasonably expected to inflict serious physical harm upon himself or another in the near future; or
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(ii) who is mentally ill and who because of his
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illness is unable to provide for his basic physical needs so as to guard himself from serious harm.
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(B) "In need of mental health services on an
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inpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not subject to involuntary admission but who is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care.
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(C) "In need of mental health services on an
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outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not subject to involuntary admission or in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy.
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(D) "Conditional Release" means: the release from
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either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, periodic checks with the legal authorities and/or the Department of Human Services. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decides that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section. Such conditional release shall be for a period of five years. However, the defendant, the person or facility rendering the treatment, therapy, program or outpatient care, the Department, or the State's Attorney may petition the Court for an extension of the conditional release period for an additional 5 years. Upon receipt of such a petition, the Court shall hold a hearing consistent with the provisions of this paragraph (a) and paragraph (f) of this Section, shall determine whether the defendant should continue to be subject to the terms of conditional release, and shall enter an order either extending the defendant's period of conditional release for an additional 5 year period or discharging the defendant. Additional 5‑year periods of conditional release may be ordered following a hearing as provided in this Section. However, in no event shall the defendant's period of conditional release continue beyond the maximum period of commitment ordered by the court pursuant to paragraph (b) of this Section. These provisions for extension of conditional release shall only apply to defendants conditionally released on or after the effective date of this amendatory Act of the 93rd General Assembly. However the extension provisions of Public Act 83‑1449 apply only to defendants charged with a forcible felony.
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(E) "Facility director" means the chief officer of a
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mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, nurse, or clinical professional counselor.
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(b) If the Court finds the defendant subject to involuntary admission
or 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, 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 60 days thereafter so long as the initial order
remains in effect, the facility director shall file a treatment plan report
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 subject to involuntary admission, 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 subject to involuntary admission or 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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defender or an attorney licensed by this State.
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(2) Upon filing with the Court of a verified
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statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose.
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(d) When the facility director determines that:
(1) the defendant is no longer subject to
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involuntary admission or in need of mental health services on an inpatient basis; and
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(2) the defendant may be conditionally released
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because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services; or
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(3) the defendant no longer requires placement in a
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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) subject to involuntary admission; or
(ii) in need of mental health services in the form
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(iii) in need of mental health services but not
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subject to involuntary admission or inpatient care; or
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(iv) no longer in need of mental health services; or
(v) no longer requires placement in a secure setting.
Upon finding by the Court, the Court shall enter its findings and such
appropriate order as provided in subsection (a) 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, transfer to a
non‑secure setting within the Department of Human Services
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, transfer to a non‑secure
setting 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 120 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
the determination of the facility director that the defendant should be
transferred to a non‑secure setting, discharged, or conditionally released
or 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.
(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 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 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 five years and shall be subject
to later modification by the Court as provided by this Section. If the
Court finds that the defendant is subject to involuntary admission or 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 subject
to involuntary admission or 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 (1) (D) of subsection
(a). 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) This amendatory Act 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, after the entry of an order of transfer
to a non‑secure setting of the Department of Human Services or discharge or
conditional release, transmit
a certified
copy of the order to the Department of Human Services, and the sheriff of the
county from which the
defendant was
admitted. The Clerk of the Court shall also transmit a certified copy
of the order of discharge or conditional release to the Illinois Department
of 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 Department of 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.
(Source: P.A. 90‑105, eff. 7‑11‑97; 90‑593, eff. 6‑19‑98; 91‑536, eff.
1‑1‑00; 91‑770, eff. 1‑1‑01; 93‑78, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑473)
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 unless the Court
determines that there are compelling reasons why such placement is not
necessary.
After the evaluation and during the period of time required to
determine the appropriate placement, the defendant shall
remain in jail.
Upon completion of the placement process the sheriff shall be notified and
shall transport the defendant to the designated facility.
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 enter its findings.
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 unless the Court determines
that there are compelling reasons why such placement is not necessary. 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 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.
(1) Definitions: For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an
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inpatient basis" means: a defendant who has been found not guilty by reason of insanity but who due to mental illness is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care.
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(C) "In need of mental health services on an
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outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy.
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(D) "Conditional Release" means: the release from
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either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, random testing to ensure the defendant's timely and continuous taking of any medicines prescribed to control or manage his or her conduct or mental state, and periodic checks with the legal authorities and/or the Department of Human Services. The Court may order as a condition of conditional release that the defendant not contact the victim of the offense that resulted in the finding or verdict of not guilty by reason of insanity or any other person. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decides that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section. Such conditional release shall be for a period of five years. However, the defendant, the person or facility rendering the treatment, therapy, program or outpatient care, the Department, or the State's Attorney may petition the Court for an extension of the conditional release period for an additional 5 years. Upon receipt of such a petition, the Court shall hold a hearing consistent with the provisions of this paragraph (a) and paragraph (f) of this Section, shall determine whether the defendant should continue to be subject to the terms of conditional release, and shall enter an order either extending the defendant's period of conditional release for an additional 5 year period or discharging the defendant. Additional 5‑year periods of conditional release may be ordered following a hearing as provided in this Section. However, in no event shall the defendant's period of conditional release continue beyond the maximum period of commitment ordered by the Court pursuant to paragraph (b) of this Section. These provisions for extension of conditional release shall only apply to defendants conditionally released on or after the effective date of this amendatory Act of the 93rd General Assembly. However the extension provisions of Public Act 83‑1449 apply only to defendants charged with a forcible felony.
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(E) "Facility director" means the chief officer of a
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mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, or nurse.
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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 60 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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defender or an attorney licensed by this State.
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(2) Upon filing with the Court of a verified
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statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose.
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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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health services on an inpatient basis; and
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(2) the defendant may be conditionally released
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because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services; or
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(3) the defendant no longer requires placement in a
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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. 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
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(iii) in need of mental health services but not
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subject to inpatient care; or
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(iv) no longer in need of mental health services; or
(v) no longer requires placement in a secure setting.
Upon finding by the Court, the Court shall enter its findings and such
appropriate order as provided in subsection (a) 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, transfer to a
non‑secure setting within the Department of Human Services
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, transfer to a non‑secure
setting 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
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caused by the defendant to others and the community by his or her prior conduct that resulted in the finding of not guilty by reason of insanity;
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(2) Whether the person appreciates the criminality
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of conduct similiar to the conduct for which he or she was originally charged in this matter;
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(3) the current state of
the defendant's illness;
(4) what, if any, medications the defendant is
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taking to control his or her mental illness;
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(5) what, if any, adverse physical side effects the
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medication has on the defendant;
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(6) the length of time it would take for the
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defendant's mental health to deteriorate if the defendant stopped taking prescribed medication;
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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
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expected upon release and what is the willingness and ability of the family to participate or be involved;
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(11) the defendant's potential to be a danger to
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himself, herself, or others; and
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(12) any other factor or factors the Court deems
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(h) 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 (1) (D) of subsection (a) 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 (1) (D) of subsection
(a). 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) This amendatory Act 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, after the entry of an order of transfer
to a non‑secure setting of the Department of Human Services or discharge or
conditional release, transmit
a certified
copy of the order to the Department of Human Services, and the sheriff of the
county from which the
defendant was
admitted. In cases where the arrest of the defendant or the commission of
the offense took place in any municipality with a population of more than
25,000 persons, the Clerk of the Court shall also transmit a certified copy
of the order of discharge or conditional release to the proper law
enforcement agency for said municipality provided the municipality has
requested such notice in writing.
(Source: P.A. 90‑105, eff. 7‑11‑97; 90‑593, eff. 6‑19‑98; 91‑536, eff.
1‑1‑00; 91‑770, eff. 1‑1‑01; 93‑473, eff. 8‑8‑03.)
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(730 ILCS 5/5‑4‑1) (from Ch. 38, par. 1005‑4‑1)
(Text of Section from P.A. 94‑156)
Sec. 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 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 may in its sentencing order approve an
eligible defendant for placement in a Department of Corrections impact
incarceration program as provided in Section 5‑8‑1.1 or 5‑8‑1.3. 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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based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
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(4) consider evidence and information offered by the
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parties in aggravation and mitigation;
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(4.5) consider substance abuse treatment, eligibility
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screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
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statement in his own behalf;
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(7) afford the victim of a violent crime or a
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violation of Section 11‑501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or a qualified individual affected by: (i) a violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act, or (ii) a Class 4 felony violation of Section 11‑14, 11‑15, 11‑17, 11‑18, 11‑18.1, or 11‑19 of the Criminal Code of 1961, committed by the defendant the opportunity to make a statement concerning the impact on the victim and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation must first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Any sworn testimony offered by the victim is subject to the defendant's right to cross‑examine. All statements and evidence offered under this paragraph (7) shall become part of the record of the court. For the purpose of this paragraph (7), "qualified individual" means any person who (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; and (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. For the purposes of this paragraph (7), "qualified individual" includes any peace officer, or any member of any duly organized State, county, or municipal peace unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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(8) in cases of reckless homicide afford the
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victim's spouse, guardians, parents or other immediate family members an opportunity to make oral statements; and
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(9) in cases involving a felony sex offense as
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defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5‑3‑2 of this Act.
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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.
(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‑2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death 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 early release 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)(3) 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 good conduct credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional good
conduct credit for meritorious service. 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 good conduct
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)(3) of Section 3‑6‑3, other than when the sentence is imposed for one of the
offenses enumerated in paragraph (a)(2) of Section 3‑6‑3 committed on or after
June 19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal
Code of 1961 if the offense was committed on or after January 1, 1999, and
other than 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), 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,
assuming the defendant
receives all of his or her good conduct credit, the period of estimated actual
custody is ... years and ... months, less up to 90 days additional good
conduct credit for meritorious service. 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 good conduct
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 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), 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 good conduct 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 good conduct 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 good conduct 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."
(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;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
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screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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(4) the number of days, if any, which the defendant
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has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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(4.1) any finding of great bodily harm made by the
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court with respect to an offense enumerated in subsection (c‑1);
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(5) all statements filed under subsection (d) of
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(6) any medical or mental health records or
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summaries of the defendant;
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(7) the municipality where the arrest of the
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offender or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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(8) all statements made and evidence offered under
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paragraph (7) of subsection (a) of this Section; and
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(9) all additional matters which the court directs
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(Source: P.A. 93‑213, eff. 7‑18‑03; 93‑317, eff. 1‑1‑04; 93‑354, eff. 9‑1‑03; 93‑616, eff. 1‑1‑04; 94‑156, eff. 7‑8‑05.)
(Text of Section from P.A. 94‑556)
Sec. 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 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 may in its sentencing order approve an
eligible defendant for placement in a Department of Corrections impact
incarceration program as provided in Section 5‑8‑1.1 or 5‑8‑1.3. 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
|
|
based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
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(4) consider evidence and information offered by the
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parties in aggravation and mitigation;
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(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
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statement in his own behalf;
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(7) afford the victim of a violent crime or a
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violation of Section 11‑501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or a qualified individual affected by: (i) a violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act, or (ii) a Class 4 felony violation of Section 11‑14, 11‑15, 11‑17, 11‑18, 11‑18.1, or 11‑19 of the Criminal Code of 1961, committed by the defendant the opportunity to make a statement concerning the impact on the victim and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation must first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Any sworn testimony offered by the victim is subject to the defendant's right to cross‑examine. All statements and evidence offered under this paragraph (7) shall become part of the record of the court. For the purpose of this paragraph (7), "qualified individual" means any person who (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; and (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. For the purposes of this paragraph (7), "qualified individual" includes any peace officer, or any member of any duly organized State, county, or municipal peace unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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(8) in cases of reckless homicide afford the
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victim's spouse, guardians, parents or other immediate family members an opportunity to make oral statements; and
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(9) in cases involving a felony sex offense as
|
|
defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5‑3‑2 of this Act.
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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.
(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‑2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death 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 early release 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)(3) 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 good conduct credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional good
conduct credit for meritorious service. 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 good conduct
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)(3) of Section 3‑6‑3, other than when the sentence is imposed for one of the
offenses enumerated in paragraph (a)(2) of Section 3‑6‑3 committed on or after
June 19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal
Code of 1961 if the offense was committed on or after January 1, 1999, and
other than 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), 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,
assuming the defendant
receives all of his or her good conduct credit, the period of estimated actual
custody is ... years and ... months, less up to 90 days additional good
conduct credit for meritorious service. 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 good conduct
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 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), 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 good conduct 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 good conduct credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentence is imposed for any offense that results in incarceration
in a Department of Corrections facility committed as a result of the use of,
abuse of, or addiction to alcohol or a controlled substance 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 good conduct credit until he or
she participates in and completes a substance abuse treatment program."
(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;
(3.5) any sex offender evaluations;
(4) the number of days, if any, which the defendant
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|
has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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(4.1) any finding of great bodily harm made by the
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court with respect to an offense enumerated in subsection (c‑1);
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(5) all statements filed under subsection (d) of
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(6) any medical or mental health records or
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summaries of the defendant;
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(7) the municipality where the arrest of the
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offender or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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(8) all statements made and evidence offered under
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paragraph (7) of subsection (a) of this Section; and
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(9) all additional matters which the court directs
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(Source: P.A. 93‑213, eff. 7‑18‑03; 93‑317, eff. 1‑1‑04; 93‑354, eff. 9‑1‑03; 93‑616, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑4‑3) (from Ch. 38, par. 1005‑4‑3)
Sec. 5‑4‑3. Persons convicted of, or found delinquent for, certain
offenses or institutionalized as sexually dangerous; 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, found guilty or given
supervision for any offense classified as a felony under the Juvenile Court Act
of 1987, or 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 Department of State Police in accordance with the
provisions of this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of
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a qualifying offense on or after July 1, 1990 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;
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(1.5) found guilty or given supervision under the
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Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after January 1, 1997;
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(2) ordered institutionalized as a sexually
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dangerous person on or after July 1, 1990;
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(3) convicted of a qualifying offense or attempt of
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a qualifying offense before July 1, 1990 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction;
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(3.5) convicted or found guilty of any offense
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classified as a felony under Illinois law or found guilty or given supervision for such an offense under the Juvenile Court Act of 1987 on or after August 22, 2002;
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(4) presently institutionalized as a sexually
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dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense;
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(4.5) ordered committed as a sexually violent person
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on or after the effective date of the Sexually Violent Persons Commitment Act; or
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(5) seeking transfer to or residency in Illinois
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under Sections 3‑3‑11.05 through 3‑3‑11.5 of the Unified Code of Corrections and the Interstate Compact for Adult Offender Supervision or the Interstate Agreements on Sexually Dangerous Persons Act.
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Notwithstanding other provisions of this Section, any person incarcerated in
a facility of the Illinois Department of Corrections on or after August 22,
2002 shall be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge or release on parole or mandatory
supervised release, as a
condition of his or her parole or mandatory supervised release.
Notwithstanding other provisions of this Section, any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after the effective date of this amendatory Act of the 94th General Assembly or sentenced to death after the effective date of this amendatory Act of the 94th General Assembly 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 Department of State Police. Any person serving a sentence of life imprisonment in a facility of the Illinois Department of Corrections on the effective date of this amendatory Act of the 94th General Assembly or any person who is under a sentence of death on the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue upon request at a collection site designated by the Illinois Department of 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
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 Department of 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 Department of
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 samples prior to final discharge, parole, or release at a collection
site designated by the Illinois Department of State Police.
(c‑5) Any person required by paragraph (a)(5) 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‑6) The Illinois Department of 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.
(d) The Illinois Department of State Police shall provide all equipment
and instructions necessary for the collection of blood samples.
The collection of samples 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 samples
shall thereafter be forwarded to the Illinois Department of State Police,
Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(d‑1) The Illinois Department of State Police shall provide all equipment
and instructions necessary for the collection of saliva samples. The
collection of saliva samples 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 samples shall thereafter be forwarded to the Illinois Department
of State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d‑2) The Illinois Department of State Police shall provide all equipment
and instructions necessary for the collection of tissue samples. The
collection of tissue samples 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 samples shall thereafter be forwarded to the Illinois Department
of 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 Department of
State Police shall contract with qualified personnel and certified laboratories
for the collection, analysis, and categorization of known samples.
(d‑6) Agencies designated by the Illinois Department of State Police and
the Illinois Department of 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 samples.
(e) The genetic marker groupings shall be maintained by the Illinois
Department of 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 Department of 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 samples, 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.
(f‑5) Any person who intentionally uses genetic marker grouping analysis
information, or any other information derived from a DNA sample, 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 Department of State Police may contract with third
parties for the purposes of implementing this amendatory Act of the 93rd
General Assembly. 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 Department of State Police, and
to any additional restrictions imposed by the Illinois Department of 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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11‑6, 11‑9.1, 11‑11, 11‑18.1, 12‑15, or 12‑16 of the Criminal Code of 1961;
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(1.1) any violation or inchoate violation of Section
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9‑1, 9‑2, 10‑1, 10‑2, 12‑11, 12‑11.1, 18‑1, 18‑2, 18‑3, 18‑4, 19‑1, or 19‑2 of the Criminal Code of 1961 for which persons are convicted on or after July 1, 2001;
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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, 11‑9.3,
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12‑7.3, or 12‑7.4 of the Criminal Code of 1961; or
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(5) any violation or inchoate violation of Article
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29D of the Criminal Code of 1961.
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(g‑5) (Blank).
(h) The Illinois Department of State Police shall be the State central
repository for all genetic marker grouping analysis information obtained
pursuant to this Act. The Illinois Department of State Police may
promulgate rules for the form and manner of the collection of blood, saliva,
or tissue samples 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
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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 A misdemeanor.
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(2) In the event that a person's DNA sample is not
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adequate for any reason, the person shall provide another DNA sample for analysis. Duly authorized law enforcement and corrections personnel may employ reasonable force in cases in which an individual refuses to provide a DNA sample required under this Act.
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(j) Any person required by subsection (a) to submit specimens of blood,
saliva, or tissue to
the Illinois Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition, penalty, or
fine imposed, shall pay an analysis fee of $200. If the analysis fee is not
paid at the time of sentencing, the court shall establish a fee schedule by
which the entire amount of the analysis fee shall be paid in full, such
schedule not to exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to incarcerate the person.
(k) All analysis and categorization fees provided for by subsection (j)
shall be regulated as follows:
(1) The State Offender DNA Identification System
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Fund is hereby created as a special fund in the State Treasury.
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(2) All fees shall be collected by the clerk of the
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court and forwarded to the State Offender DNA Identification System Fund for deposit. The clerk of the circuit court may retain the amount of $10 from each collected analysis fee to offset administrative costs incurred in carrying out the clerk's responsibilities under this Section.
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(3) Fees deposited into the State Offender DNA
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Identification System Fund shall be used by Illinois State Police crime laboratories as designated by the Director of State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following:
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(A) Costs incurred in providing analysis and
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genetic marker categorization as required by subsection (d).
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(B) Costs incurred in maintaining genetic marker
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groupings as required by subsection (e).
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(C) Costs incurred in the purchase and
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maintenance of equipment for use in performing analyses.
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(D) Costs incurred in continuing research and
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development of new techniques for analysis and genetic marker categorization.
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(E) Costs incurred in continuing education,
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training, and professional development of forensic scientists regularly employed by these laboratories.
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(l) The failure of a person to provide a specimen, or of any person or
agency to collect a specimen, within the 45 day period shall in no way alter
the obligation of the person to submit such specimen, or the authority of the
Illinois Department of State Police or persons designated by the Department to
collect the specimen, or the authority of the Illinois Department of 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 this amendatory Act of the 93rd General Assembly
is
held unconstitutional or otherwise invalid, the remainder of this amendatory
Act
of the 93rd General Assembly is not affected.
(Source: P.A. 93‑216, eff. 1‑1‑04; 93‑605, eff. 11‑19‑03; 93‑781, eff. 1‑1‑05; 94‑16, eff. 6‑13‑05.)
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(730 ILCS 5/5‑5‑3) (from Ch. 38, par. 1005‑5‑3)
(Text of Section from P.A. 94‑72)
Sec. 5‑5‑3. Disposition.
(a) Except as provided in Section 11‑501 of the Illinois Vehicle Code, every person convicted of an offense shall be sentenced as provided
in this Section.
(b) The following options shall be appropriate dispositions, alone
or in combination, for all felonies and misdemeanors other than those
identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
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repair the damage, if the offender was convicted under paragraph (h) of Section 21‑1 of the Criminal Code of 1961 (now repealed).
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(6) A fine.
(7) An order directing the offender to make
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restitution to the victim under Section 5‑5‑6 of this Code.
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(8) A sentence of participation in a county impact
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incarceration program under Section 5‑8‑1.2 of this Code.
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(9) A term of imprisonment in combination with a
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term of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
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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) (1) When a defendant is found guilty of first degree
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murder the State may either seek a sentence of imprisonment under Section 5‑8‑1 of this Code, or where appropriate seek a sentence of death under Section 9‑1 of the Criminal Code of 1961.
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(2) A period of probation, a term of periodic
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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:
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(A) First degree murder where the death penalty
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(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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Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.
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(E) A violation of Section 5.1 or 9 of the
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(F) A Class 2 or greater felony if the offender
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had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(F‑5) A violation of Section 24‑1, 24‑1.1, or
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24‑1.6 of the Criminal Code of 1961 for which imprisonment is prescribed in those Sections.
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(G) Residential burglary, except as otherwise
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provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related
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to the activities of an organized gang.
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Before July 1, 1994, for the purposes of this
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paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.
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Beginning July 1, 1994, for the purposes of this
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paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
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offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
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(M) A second or subsequent conviction for the
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offense of institutional vandalism if the damage to the property exceeds $300.
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(N) A Class 3 felony violation of paragraph (1)
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of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
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(O) A violation of Section 12‑6.1 of the
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(P) A violation of paragraph (1), (2), (3), (4),
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(5), or (7) of subsection (a) of Section 11‑20.1 of the Criminal Code of 1961.
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(Q) A violation of Section 20‑1.2 or 20‑1.3 of
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the Criminal Code of 1961.
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(R) A violation of Section 24‑3A of the Criminal
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(S) (Blank).
(T) A second or subsequent violation of
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paragraph (6.6) of subsection (a), subsection (c‑5), or subsection (d‑5) of Section 401 of the Illinois Controlled Substances Act.
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(3) (Blank).
(4) A minimum term of imprisonment of not less than
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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.
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(4.1) (Blank).
(4.2) Except as provided in paragraph (4.3) of this
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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.
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(4.3) A minimum term of imprisonment of 30 days or
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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.
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(4.4) Except as provided in paragraph (4.5) and
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paragraph (4.6) 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.
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(4.5) A minimum term of imprisonment of 30 days
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shall be imposed for a third violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.6) A minimum term of imprisonment of 180 days
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shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(5) The court may sentence an offender convicted of
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a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:
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(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 penalties imposed under
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paragraph (5) of this subsection (c), 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.
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(5.2) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), 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.
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(5.3) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), 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.
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(6) In no case shall an offender be eligible for a
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disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of probation or conditional discharge for a felony.
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(7) When a defendant is adjudged a habitual criminal
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under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment.
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(8) When a defendant, over the age of 21 years, is
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convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender. This paragraph shall not apply unless (1) the first felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a condition of probation as provided by Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(9) A defendant convicted of a second or subsequent
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offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.
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(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
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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.
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(12) A person may not receive a disposition of court
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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.
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(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 the Unified Code of Corrections
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 the Unified Code of Corrections.
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 12‑16 of the
Criminal Code of 1961 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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approved counseling program for a minimum duration of 2 years; or
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(B) the defendant is willing to participate in a
|
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court approved plan including but not limited to the defendant's:
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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
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(v) compliance with any other measures that
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the court may deem appropriate; and
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(2) the court orders the defendant to pay for the
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victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
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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 12‑12 of the Criminal Code of
1961.
(f) This Article shall not deprive a court in other proceedings 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.
(g) Whenever a defendant is convicted of an offense under Sections
11‑14, 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,
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.
A State's Attorney may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the disclosure if
the State's Attorney shows it is relevant in order to prosecute a charge of
criminal transmission of HIV under Section 12‑16.2 of the Criminal Code of 1961
against the defendant. 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. A State's Attorney may petition the court to obtain the results of
any HIV test administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12‑16.2 of the Criminal
Code of 1961 against the defendant. 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 Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11‑6, 11‑8,
11‑9, 11‑11, 11‑14, 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, 11‑21, 12‑13, 12‑14, 12‑14.1, 12‑15, or
12‑16 of the
Criminal Code of 1961, any violation of the Illinois Controlled Substances Act,
or any violation of the Cannabis Control Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substance 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 the high
school level Test of General Educational Development (GED) 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 the GED test. 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 the GED
test. This subsection (j‑5) does not apply to a defendant who is determined by
the court to be developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or injected
with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of
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subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, 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:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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Otherwise, the defendant shall be sentenced as
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provided in this Chapter V.
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(B) If the defendant has already been sentenced for
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a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances 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:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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(C) This subsection (l) does not apply to offenders
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who are subject to the provisions of paragraph (2) of subsection (a) of Section 3‑6‑3.
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(D) Upon motion of the State's Attorney, if a
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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 good conduct credit for meritorious service as provided under Section 3‑6‑6.
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(m) A person convicted of criminal defacement of property under Section
21‑1.3 of the Criminal Code of 1961, 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, or 16‑1.3 of the Criminal Code of 1961 (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 is an
addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and
Dependency Act, to a substance or alcohol abuse program licensed under that
Act.
(Source: P.A. 93‑44, eff. 7‑1‑03; 93‑156, eff. 1‑1‑04; 93‑169, eff. 7‑10‑03; 93‑301, eff. 1‑1‑04; 93‑419, eff. 1‑1‑04; 93‑546, eff. 1‑1‑04; 93‑694, eff. 7‑9‑04; 93‑782, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑1014, eff. 1‑1‑05; 94‑72, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑556)
Sec. 5‑5‑3. Disposition.
(a) Except as provided in Section 11‑501 of the Illinois Vehicle Code, every person convicted of an offense shall be sentenced as provided
in this Section.
(b) The following options shall be appropriate dispositions, alone
or in combination, for all felonies and misdemeanors other than those
identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
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repair the damage, if the offender was convicted under paragraph (h) of Section 21‑1 of the Criminal Code of 1961 (now repealed).
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(6) A fine.
(7) An order directing the offender to make
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restitution to the victim under Section 5‑5‑6 of this Code.
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(8) A sentence of participation in a county impact
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incarceration program under Section 5‑8‑1.2 of this Code.
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(9) A term of imprisonment in combination with a term
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of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
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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) (1) When a defendant is found guilty of first degree
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murder the State may either seek a sentence of imprisonment under Section 5‑8‑1 of this Code, or where appropriate seek a sentence of death under Section 9‑1 of the Criminal Code of 1961.
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(2) A period of probation, a term of periodic
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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:
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(A) First degree murder where the death penalty
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(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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Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.
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(E) A violation of Section 5.1 or 9 of the
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(F) A Class 2 or greater felony if the offender
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had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(G) Residential burglary, except as otherwise
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provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related
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to the activities of an organized gang.
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Before July 1, 1994, for the purposes of this
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paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.
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Beginning July 1, 1994, for the purposes of this
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paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
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offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
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(M) A second or subsequent conviction for the
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offense of institutional vandalism if the damage to the property exceeds $300.
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(N) A Class 3 felony violation of paragraph (1)
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of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
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(O) A violation of Section 12‑6.1 of the
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(P) A violation of paragraph (1), (2), (3), (4),
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(5), or (7) of subsection (a) of Section 11‑20.1 of the Criminal Code of 1961.
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(Q) A violation of Section 20‑1.2 or 20‑1.3 of
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the Criminal Code of 1961.
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(R) A violation of Section 24‑3A of the Criminal
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(S) (Blank).
(T) A second or subsequent violation of the
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Methamphetamine Control and Community Protection Act.
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(3) (Blank).
(4) A minimum term of imprisonment of not less than
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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.
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(4.1) (Blank).
(4.2) Except as provided in paragraph (4.3) of this
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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.
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(4.3) A minimum term of imprisonment of 30 days or
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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.
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(4.4) Except as provided in paragraph (4.5) and
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paragraph (4.6) 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.
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(4.5) A minimum term of imprisonment of 30 days
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shall be imposed for a third violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.6) A minimum term of imprisonment of 180 days
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shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(5) The court may sentence an offender convicted of
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a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:
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(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 penalties imposed under
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paragraph (5) of this subsection (c), 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.
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(5.2) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), 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.
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(5.3) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), 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.
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(6) In no case shall an offender be eligible for a
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disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of probation or conditional discharge for a felony.
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(7) When a defendant is adjudged a habitual criminal
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under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment.
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(8) When a defendant, over the age of 21 years, is
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convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender. This paragraph shall not apply unless (1) the first felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a condition of probation as provided by Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(9) A defendant convicted of a second or subsequent
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offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.
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(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
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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.
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(12) A person may not receive a disposition of court
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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.
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(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 the Unified Code of Corrections
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 the Unified Code of Corrections.
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 12‑16 of the
Criminal Code of 1961 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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approved counseling program for a minimum duration of 2 years; or
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(B) the defendant is willing to participate in a
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court approved plan including but not limited to the defendant's:
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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
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(v) compliance with any other measures that
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the court may deem appropriate; and
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(2) the court orders the defendant to pay for the
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victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
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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 12‑12 of the Criminal Code of
1961.
(f) This Article shall not deprive a court in other proceedings 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.
(g) Whenever a defendant is convicted of an offense under Sections
11‑14, 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,
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.
A State's Attorney may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the disclosure if
the State's Attorney shows it is relevant in order to prosecute a charge of
criminal transmission of HIV under Section 12‑16.2 of the Criminal Code of 1961
against the defendant. 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. A State's Attorney may petition the court to obtain the results of
any HIV test administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12‑16.2 of the Criminal
Code of 1961 against the defendant. 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 Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11‑6, 11‑8,
11‑9, 11‑11, 11‑14, 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, 11‑21, 12‑13, 12‑14, 12‑14.1, 12‑15, or
12‑16 of the
Criminal Code of 1961, 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 Substance 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 the high
school level Test of General Educational Development (GED) 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 the GED test. 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 the GED
test. This subsection (j‑5) does not apply to a defendant who is determined by
the court to be developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or injected
with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of
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subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, 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:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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Otherwise, the defendant shall be sentenced as
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provided in this Chapter V.
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(B) If the defendant has already been sentenced for
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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:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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(C) This subsection (l) does not apply to offenders
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who are subject to the provisions of paragraph (2) of subsection (a) of Section 3‑6‑3.
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(D) Upon motion of the State's Attorney, if a
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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 good conduct credit for meritorious service as provided under Section 3‑6‑6.
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(m) A person convicted of criminal defacement of property under Section
21‑1.3 of the Criminal Code of 1961, 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, or 16‑1.3 of the Criminal Code of 1961 (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 is an
addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and
Dependency Act, to a substance or alcohol abuse program licensed under that
Act.
(Source: P.A. 93‑44, eff. 7‑1‑03; 93‑156, eff. 1‑1‑04; 93‑169, eff. 7‑10‑03; 93‑301, eff. 1‑1‑04; 93‑419, eff. 1‑1‑04; 93‑546, eff. 1‑1‑04; 93‑694, eff. 7‑9‑04; 93‑782, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑1014, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑5‑3.2) (from Ch. 38, par. 1005‑5‑3.2)
Sec. 5‑5‑3.2. Factors in Aggravation.
(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:
(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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his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;
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(5) the defendant held public office at the time of
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the offense, and the offense related to the conduct of that office;
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(6) the defendant utilized his professional
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reputation or position in the community to commit the offense, or to afford him an easier means of committing it;
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(7) the sentence is necessary to deter others from
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committing the same crime;
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(8) the defendant committed the offense against a
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person 60 years of age or older or such person's property;
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(9) the defendant committed the offense against a
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person who is physically handicapped or such person's property;
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(10) by reason of another individual's actual or
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perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientation" means heterosexuality, homosexuality, or bisexuality;
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(11) the offense took place in a place of worship or
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on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;
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(12) the defendant was convicted of a felony
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committed while he was released on bail or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5‑8‑1 for a prior felony;
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(13) the defendant committed or attempted to commit a
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felony while he was wearing a bulletproof vest. For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;
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(14) the defendant held a position of trust or
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supervision such as, but not limited to, family member as defined in Section 12‑12 of the Criminal Code of 1961, teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11‑6, 11‑11, 11‑15.1, 11‑19.1, 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961 against that victim;
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(15) the defendant committed an offense related to
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the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act;
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(16) the defendant committed an offense in violation
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of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10‑1, 10‑2, 10‑5, 11‑15.1, 11‑17.1, 11‑18.1, 11‑19.1, 11‑19.2, 12‑2, 12‑4, 12‑4.1, 12‑4.2, 12‑4.3, 12‑6, 12‑6.1, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 18‑2, or 33A‑2 of the Criminal Code of 1961;
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(16.5) the defendant committed an offense in
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violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10‑1, 10‑2, 10‑5, 11‑15.1, 11‑17.1, 11‑18.1, 11‑19.1, 11‑19.2, 12‑2, 12‑4, 12‑4.1, 12‑4.2, 12‑4.3, 12‑6, 12‑6.1, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 18‑2, or 33A‑2 of the Criminal Code of 1961;
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(17) the defendant committed the offense by reason of
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any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2‑3.5 of the Criminal Code of 1961;
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(18) the defendant committed the offense in a nursing
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home or on the real property comprising a nursing home. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act;
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(19) the defendant was a federally licensed firearm
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dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while armed with a firearm;
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(20) the defendant (i) committed the offense of
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reckless homicide under Section 9‑3 of the Criminal Code of 1961 or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code; or
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(21) the defendant (i) committed the offense of
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reckless driving or aggravated reckless driving under Section 11‑503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code.
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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.
(b) The following factors 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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after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
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(2) When a defendant is convicted of any felony and
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the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or
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(3) When a defendant is convicted of voluntary
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manslaughter, second degree murder, involuntary manslaughter or reckless homicide in which the defendant has been convicted of causing the death of more than one individual; or
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(4) 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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the offense or such person's property;
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(ii) a person 60 years of age or older at the
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time of the offense or such person's property; or
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(iii) a person physically handicapped at the time
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of the offense or such person's property; or
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(5) In the case of a defendant convicted of
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aggravated criminal sexual assault or criminal sexual assault, when the court finds that aggravated criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective; or
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(6) When a defendant is convicted of any felony and
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the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:
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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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fraternal, business, governmental, educational, or other building or property; or
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(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
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murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5‑5‑3, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
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(8) When a defendant is convicted of a felony other
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than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or
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(9) When a defendant is convicted of a felony
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violation of Section 24‑1 of the Criminal Code of 1961 and the court finds that the defendant is a member of an organized gang; or
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(10) When a defendant committed the offense using a
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firearm with a laser sight attached to it. For purposes of this paragraph (10), "laser sight" has the meaning ascribed to it in Section 24.6‑5 of the Criminal Code of 1961; or
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(11) When a defendant who was at least 17 years of
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age at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or
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(12) When a defendant commits an offense involving
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the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act, the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act, or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense. In this paragraph (12), "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" means a peace officer, community policing volunteer, fireman, emergency medical technician‑ambulance, emergency medical technician‑intermediate, emergency medical technician‑paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel; or
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(13) When a defendant commits any felony and the
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defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged.
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(b‑1) 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 impose an extended term sentence under Section 5‑8‑2
upon any offender who was convicted of aggravated criminal sexual assault
or predatory criminal sexual assault of a child under subsection (a)(1) of
Section 12‑14.1 of
the Criminal Code of 1961
where the victim was under 18 years of age at the time of the commission
of the offense.
(d) The court may impose an extended term sentence under Section 5‑8‑2 upon
any offender who was convicted of unlawful use of weapons under Section 24‑1 of
the Criminal Code of 1961 for possessing a weapon that is not readily
distinguishable as one of the weapons enumerated in Section 24‑1 of the
Criminal Code of 1961.
(Source: P.A. 94‑131, eff. 7‑7‑05; 94‑375, eff. 1‑1‑06; 94‑556, eff. 9‑11‑05; 94‑819, eff. 5‑31‑06.)
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(730 ILCS 5/5‑5‑6) (from Ch. 38, par. 1005‑5‑6)
(Text of Section from P.A. 94‑148)
Sec. 5‑5‑6. In all convictions for offenses in violation of the Criminal
Code of 1961 in which the person received any injury to their person or damage
to their 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.
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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determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out‑of‑pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article V of the Criminal Code of 1961.
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(b) In fixing the amount of restitution to be paid
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in cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out‑of‑pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out‑of‑pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out‑of‑pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering. If a defendant is placed on supervision for, or convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic violence shelter in which the victim and any other family or household members lived because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any other services for the victim and any other family or household members living at the shelter. If a defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of a defendant to the extent necessary to satisfy the order of restitution and dispose of the property by public sale. All proceeds from such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years of age was present and witnessed the domestic battery of the victim, is liable to pay restitution for the cost of any counseling required for the child at the discretion of the court.
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(c) In cases where more than one defendant is
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accountable for the same criminal conduct that results in out‑of‑pocket expenses, losses, damages, or injuries, each defendant shall be ordered to pay restitution in the amount of the total actual out‑of‑pocket expenses, losses, damages, or injuries to the victim proximately caused by the conduct of all of the defendants who are legally accountable for the offense.
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(1) In no event shall the victim be entitled to
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recover restitution in excess of the actual out‑of‑pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants.
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(2) As between the defendants, the court may
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apportion the restitution that is payable in proportion to each co‑defendant's culpability in the commission of the offense.
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(3) In the absence of a specific order
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apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
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(4) As between the defendants, each defendant
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shall be entitled to a pro rata reduction in the total restitution required to be paid to the victim for amounts of restitution actually paid by co‑defendants, and defendants who shall have paid more than their pro rata share shall be entitled to refunds to be computed by the court as additional amounts are paid by co‑defendants.
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(d) In instances where a defendant has more than one
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criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State's Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.
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(e) The court may require the defendant to apply the
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balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
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(f) Taking into consideration the ability of the
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defendant to pay, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
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(g) The court shall, after determining that the
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defendant has the ability to pay, require the defendant to pay for the victim's counseling services if:
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(1) the defendant was convicted of an offense
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under Sections 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961, or was charged with such an offense and the charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section, and
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(2) the victim was under 18 years of age at the
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time the offense was committed and requires counseling as a result of the offense.
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The payments shall be made by the defendant to the
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clerk of the circuit court and transmitted by the clerk to the appropriate person or agency as directed by the court. The order may require such payments to be made for a period not to exceed 5 years after sentencing, not including periods of incarceration.
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(h) The judge may enter an order of withholding to
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collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
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(i) A sentence of restitution may be modified or
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revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender's ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender's ability to pay was based on the offender's willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender's ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during the additional period.
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(j) The procedure upon the filing of a Petition to
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Revoke a sentence to make restitution shall be the same as the procedures set forth in Section 5‑6‑4 of this Code governing violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
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(k) Nothing contained in this Section shall preclude
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the right of any party to proceed in a civil action to recover for any damages incurred due to the criminal misconduct of the defendant.
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(l) Restitution ordered under this Section shall not
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be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
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(m) A restitution order under this Section is a
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judgment lien in favor of the victim that:
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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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provided in Part 3 of Article 9 of the Uniform Commercial Code;
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(3) May be enforced to satisfy any payment that
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is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
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(4) Expires in the same manner as a judgment
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lien created in a civil proceeding.
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When a restitution order is issued under this
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Section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
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(n) An order of restitution under this Section does
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not bar a civil action for:
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(1) Damages that the court did not require the
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person to pay to the victim under the restitution order but arise from an injury or property damages that is the basis of restitution ordered by the court; and
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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. 94‑148, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑397)
Sec. 5‑5‑6. In all convictions for offenses in violation of the Criminal
Code of 1961 in which the person received any injury to their person or damage
to their 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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determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out‑of‑pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article V of the Criminal Code of 1961.
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(b) In fixing the amount of restitution to be paid in
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cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out‑of‑pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out‑of‑pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out‑of‑pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering. If a defendant is placed on supervision for, or convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic violence shelter in which the victim and any other family or household members lived because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any other services for the victim and any other family or household members living at the shelter. If a defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of a defendant to the extent necessary to satisfy the order of restitution and dispose of the property by public sale. All proceeds from such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years of age who is the child of the offender or of the victim was present and witnessed the domestic battery of the victim, is liable to pay restitution for the cost of any counseling required for the child at the discretion of the court.
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(c) In cases where more than one defendant is
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accountable for the same criminal conduct that results in out‑of‑pocket expenses, losses, damages, or injuries, each defendant shall be ordered to pay restitution in the amount of the total actual out‑of‑pocket expenses, losses, damages, or injuries to the victim proximately caused by the conduct of all of the defendants who are legally accountable for the offense.
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(1) In no event shall the victim be entitled to
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recover restitution in excess of the actual out‑of‑pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants.
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(2) As between the defendants, the court may
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apportion the restitution that is payable in proportion to each co‑defendant's culpability in the commission of the offense.
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(3) In the absence of a specific order
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apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
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(4) As between the defendants, each defendant
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shall be entitled to a pro rata reduction in the total restitution required to be paid to the victim for amounts of restitution actually paid by co‑defendants, and defendants who shall have paid more than their pro rata share shall be entitled to refunds to be computed by the court as additional amounts are paid by co‑defendants.
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(d) In instances where a defendant has more than one
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criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State's Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.
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(e) The court may require the defendant to apply the
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balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
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(f) Taking into consideration the ability of the
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defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years or the period of time specified in subsection (f‑1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
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(f‑1)(1) In addition to any other penalty prescribed
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by law and any restitution ordered under this Section that did not include long‑term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim in accordance with the provisions of this subsection (f‑1) if the victim has suffered physical injury as a result of the offense that is reasonably probable to require or has required long‑term physical health care for more than 3 months. As used in this subsection (f‑1) "long‑term physical health care" includes mental health care.
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(2) The victim's estimate of long‑term physical
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health care costs may be made as part of a victim impact statement under Section 6 of the Rights of Crime Victims and Witnesses Act or made separately. The court shall enter the long‑term physical health care restitution order at the time of sentencing. An order of restitution made under this subsection (f‑1) shall fix a monthly amount to be paid by the defendant for as long as long‑term physical health care of the victim is required as a result of the offense. The order may exceed the length of any sentence imposed upon the defendant for the criminal activity. The court shall include as a special finding in the judgment of conviction its determination of the monthly cost of long‑term physical health care.
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(3) After a sentencing order has been entered, the
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court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, enter an order for restitution for long‑term physical care or modify the existing order for restitution for long‑term physical care as to the amount of monthly payments. Any modification of the order shall be based only upon a substantial change of circumstances relating to the cost of long‑term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
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(g) In addition to the sentences provided for in
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Sections 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15, and 12‑16 of the Criminal Code of 1961, the court may order any person who is convicted of violating any of those Sections or who was charged with any of those offenses and which charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section to meet all or any portion of the financial obligations of treatment, including but not limited to medical, psychiatric, or rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the offense.
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The payments shall be made by the defendant to the
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clerk of the circuit court and transmitted by the clerk to the appropriate person or agency as directed by the court. Except as otherwise provided in subsection (f‑1), the order may require such payments to be made for a period not to exceed 5 years after sentencing, not including periods of incarceration.
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(h) The judge may enter an order of withholding to
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collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
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(i) A sentence of restitution may be modified or
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revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender's ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender's ability to pay was based on the offender's willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender's ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during the additional period.
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(j) The procedure upon the filing of a Petition to
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Revoke a sentence to make restitution shall be the same as the procedures set forth in Section 5‑6‑4 of this Code governing violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
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(k) Nothing contained in this Section shall preclude
|
|
the right of any party to proceed in a civil action to recover for any damages incurred due to the criminal misconduct of the defendant.
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(l) Restitution ordered under this Section shall not
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be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
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(m) A restitution order under this Section is a
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judgment lien in favor of the victim that:
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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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provided in Part 3 of Article 9 of the Uniform Commercial Code;
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(3) May be enforced to satisfy any payment that
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is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
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(4) Expires in the same manner as a judgment lien
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created in a civil proceeding.
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|
When a restitution order is issued under this
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|
Section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
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(n) An order of restitution under this Section does
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not bar a civil action for:
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(1) Damages that the court did not require the
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person to pay to the victim under the restitution order but arise from an injury or property damages that is the basis of restitution ordered by the court; and
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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. 94‑397, eff. 1‑1‑06.)
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(730 ILCS 5/5‑6‑1) (from Ch. 38, par. 1005‑6‑1)
(Text of Section from P.A. 94‑169)
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
|
necessary for the protection of the public; or
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|
(2) probation or conditional discharge would
|
|
deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
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|
(3) a combination of imprisonment with concurrent or
|
|
consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
|
|
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.
(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: Sections
11‑9.1; 12‑3.2; 12‑15; 26‑5; 31‑1; 31‑6; 31‑7; subsections (b) and (c) 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)
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 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.
|
|
(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
|
|
the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
|
|
(2) assigned supervision for a violation of Section
|
|
11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
|
|
(3) pleaded guilty to or stipulated to the facts
|
|
supporting a charge or a finding of guilty to a violation of Section 11‑503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
|
|
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 16A‑3 of the Criminal Code of 1961 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16A‑3 of
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|
the Criminal Code of 1961; or
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|
(2) assigned supervision for a violation of Section
|
|
16A‑3 of the Criminal Code of 1961.
|
|
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 violating Sections 15‑111, 15‑112, 15‑301, paragraph (b)
of Section 6‑104, Section 11‑605, or Section 11‑1414
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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|
3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
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|
(2) assigned supervision for a violation of Section
|
|
3‑707, 3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
|
|
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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|
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; or
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|
(2) if the defendant has previously been sentenced
|
|
under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1‑187.001 of the Illinois Vehicle Code.
|
|
(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, a violation of
Section 11‑501.1 or paragraph (b) of Section 11‑401 of the Illinois Vehicle
Code, or a violation of Section 9‑3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6‑303 of
|
|
the Illinois Vehicle Code or a similar provision of a local ordinance; or
|
|
(2) assigned supervision for a violation of Section
|
|
6‑303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
|
|
(Source: P.A. 93‑388, eff. 7‑25‑03; 93‑1014, eff. 1‑1‑05; 94‑169, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑330)
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
|
|
necessary for the protection of the public; or
|
|
(2) probation or conditional discharge would
|
|
deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
|
|
(3) a combination of imprisonment with concurrent or
|
|
consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
|
|
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.
(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: Sections
12‑3.2; 12‑15; 26‑5; 31‑1; 31‑6; 31‑7; subsections (b) and (c) 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)
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
|
|
|
(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.
|
|
(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
|
|
the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
|
|
(2) assigned supervision for a violation of Section
|
|
11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
|
|
(3) pleaded guilty to or stipulated to the facts
|
|
supporting a charge or a finding of guilty to a violation of Section 11‑503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
|
|
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 16A‑3 of the Criminal Code of 1961 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16A‑3 of
|
|
the Criminal Code of 1961; or
|
|
(2) assigned supervision for a violation of Section
|
|
16A‑3 of the Criminal Code of 1961.
|
|
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 violating Sections 15‑111, 15‑112, 15‑301, paragraph (b)
of Section 6‑104, Section 11‑605, or Section 11‑1414
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,
|
|
3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
|
|
(2) assigned supervision for a violation of Section
|
|
3‑707, 3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
|
|
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,
|
|
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; or
|
|
(2) if the defendant has previously been sentenced
|
|
under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1‑187.001 of the Illinois Vehicle Code.
|
|
(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, a violation of
Section 11‑501.1 or paragraph (b) of Section 11‑401 of the Illinois Vehicle
Code, or a violation of Section 9‑3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6‑303 of
|
|
the Illinois Vehicle Code or a similar provision of a local ordinance; or
|
|
(2) assigned supervision for a violation of Section
|
|
6‑303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
|
|
(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.
|
|
(Source: P.A. 93‑388, eff. 7‑25‑03; 93‑1014, eff. 1‑1‑05; 94‑330, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑375)
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
|
|
necessary for the protection of the public; or
|
|
(2) probation or conditional discharge would
|
|
deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
|
|
(3) a combination of imprisonment with concurrent or
|
|
consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
|
|
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 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.
(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: Sections
12‑3.2; 12‑15; 26‑5; 31‑1; 31‑6; 31‑7; subsections (b) and (c) 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)
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
|
|
|
(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.
|
|
(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
|
|
the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
|
|
(2) assigned supervision for a violation of Section
|
|
11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
|
|
(3) pleaded guilty to or stipulated to the facts
|
|
supporting a charge or a finding of guilty to a violation of Section 11‑503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
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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 16A‑3 of the Criminal Code of 1961 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16A‑3 of
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the Criminal Code of 1961; or
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(2) assigned supervision for a violation of Section
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16A‑3 of the Criminal Code of 1961.
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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 violating Sections 15‑111, 15‑112, 15‑301, paragraph (b)
of Section 6‑104, Section 11‑605, or Section 11‑1414
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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3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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3‑707, 3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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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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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; or
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(2) if the defendant has previously been sentenced
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under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1‑187.001 of the Illinois Vehicle Code.
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(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, a violation of
Section 11‑501.1 or paragraph (b) of Section 11‑401 of the Illinois Vehicle
Code, or a violation of Section 9‑3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6‑303 of
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the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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|
6‑303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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(Source: P.A. 93‑388, eff. 7‑25‑03; 93‑1014, eff. 1‑1‑05; 94‑375, eff. 1‑1‑06.)
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(730 ILCS 5/5‑6‑3) (from Ch. 38, par. 1005‑6‑3)
(Text of Section from P.A. 94‑159)
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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or agency as directed by the court;
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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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court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit him at his
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home or elsewhere to the extent necessary to discharge his duties;
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(6) perform no less than 30 hours of community
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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, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21‑1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act;
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(7) if he or she is at least 17 years of age and has
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been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing 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 the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5‑6‑4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
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(8) if convicted of possession of a substance
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prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
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(8.5) if convicted of a felony sex offense as defined
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|
in the Sex Offender Management Board Act, the person shall 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;
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(9) if convicted of a felony, physically surrender at
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a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession; and
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(10) if convicted of a sex offense as defined in
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subsection (a‑5) of Section 3‑1‑2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non‑familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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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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Article 7 for a period not to exceed that specified in paragraph (d) of Section 5‑7‑1;
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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
|
|
treatment; or treatment for drug addiction or alcoholism;
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|
(5) attend or reside in a facility established for
|
|
the instruction or residence of defendants on probation;
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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) contribute to his own support at home or in
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(v) with the consent of the superintendent of the
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facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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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
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to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
|
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(i) remain within the interior premises of the
|
|
place designated for his confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the
|
|
court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
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(iii) if further deemed necessary by the court or
|
|
the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
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(iv) for persons convicted of any alcohol,
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cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. 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 substance abuse services fund under Section 5‑1086.1 of the Counties Code; and
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(v) for persons convicted of offenses other than
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those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. 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 who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be.
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(11) comply with the terms and conditions of an order
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of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
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(12) reimburse any "local anti‑crime program" as
|
|
defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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|
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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|
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
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(15) refrain from having any contact, directly or
|
|
indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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|
(16) refrain from having in his or her body the
|
|
presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
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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.
This 6 month limit does not apply to a person sentenced to probation as a
result of a conviction of a fourth or subsequent violation of subsection (c‑4)
of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a
local ordinance.
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. 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) 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.
(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 made a ward of the State 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: (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, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
This amendatory Act of the 93rd General Assembly 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 Section 27.5
of the Clerks of Courts 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.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑616, eff. 1‑1‑04; 93‑970, eff. 8‑20‑04; 94‑159, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑161)
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
|
|
|
(2) report to or appear in person before such person
|
|
or agency as directed by the court;
|
|
(3) refrain from possessing a firearm or other
|
|
|
(4) not leave the State without the consent of the
|
|
court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
|
|
(5) permit the probation officer to visit him at his
|
|
home or elsewhere to the extent necessary to discharge his duties;
|
|
(6) 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, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21‑1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(7) if he or she is at least 17 years of age and has
|
|
been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing 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 the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5‑6‑4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
|
|
(8) if convicted of possession of a substance
|
|
prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
|
|
(8.5) if convicted of a felony sex offense as defined
|
|
in the Sex Offender Management Board Act, the person shall 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;
|
|
(8.6) if convicted of a sex offense as defined in the
|
|
Sex Offender Management Board Act, 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 paragraph 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; and
|
|
(9) if convicted of a felony, physically surrender at
|
|
a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession.
|
|
(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
|
|
Article 7 for a period not to exceed that specified in paragraph (d) of Section 5‑7‑1;
|
|
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
|
|
|
(4) undergo medical, psychological or psychiatric
|
|
treatment; or treatment for drug addiction or alcoholism;
|
|
(5) attend or reside in a facility established for
|
|
the instruction or residence of defendants on probation;
|
|
(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) contribute to his own support at home or in
|
|
|
(v) with the consent of the superintendent of the
|
|
facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(8) make restitution as provided in Section 5‑5‑6 of
|
|
|
(9) perform some reasonable public or community
|
|
|
(10) serve a term of home confinement. In addition
|
|
to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
|
|
(i) remain within the interior premises of the
|
|
place designated for his confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
|
court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
|
|
(iii) if further deemed necessary by the court or
|
|
the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
|
|
(iv) for persons convicted of any alcohol,
|
|
cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. 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 substance abuse services fund under Section 5‑1086.1 of the Counties Code; and
|
|
(v) for persons convicted of offenses other than
|
|
those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. 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 who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be.
|
|
(11) comply with the terms and conditions of an order
|
|
of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
|
|
(12) reimburse any "local anti‑crime program" as
|
|
defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
|
|
(13) contribute a reasonable sum of money, not to
|
|
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
|
|
(14) refrain from entering into a designated
|
|
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
|
|
(15) refrain from having any contact, directly or
|
|
indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(16) refrain from having in his or her body the
|
|
presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
|
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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.
This 6 month limit does not apply to a person sentenced to probation as a
result of a conviction of a fourth or subsequent violation of subsection (c‑4)
of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a
local ordinance.
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. 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) 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.
(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 made a ward of the State 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: (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, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
This amendatory Act of the 93rd General Assembly 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 Section 27.5
of the Clerks of Courts 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.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑616, eff. 1‑1‑04; 93‑970, eff. 8‑20‑04; 94‑161, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑556)
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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or agency as directed by the court;
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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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court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit him at his
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home or elsewhere to the extent necessary to discharge his duties;
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(6) perform no less than 30 hours of community
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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, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21‑1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act;
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(7) if he or she is at least 17 years of age and has
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been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing 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 the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5‑6‑4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
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(8) if convicted of possession of a substance
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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 or Illinois Controlled Substances Act or after a sentence of 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 and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
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(8.5) if convicted of a felony sex offense as defined
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in the Sex Offender Management Board Act, the person shall 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; and
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(9) if convicted of a felony, physically surrender at
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a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession.
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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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Article 7 for a period not to exceed that specified in paragraph (d) of Section 5‑7‑1;
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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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treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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the instruction or residence of defendants on probation;
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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) contribute to his own support at home or in
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(v) with the consent of the superintendent of the
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facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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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
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to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
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(i) remain within the interior premises of the
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place designated for his confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the
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court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
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(iii) if further deemed necessary by the court or
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the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
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(iv) for persons convicted of any alcohol,
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cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. 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 substance abuse services fund under Section 5‑1086.1 of the Counties Code; and
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(v) for persons convicted of offenses other than
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those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. 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 who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be.
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(11) comply with the terms and conditions of an order
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of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
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(12) reimburse any "local anti‑crime program" as
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defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
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(15) refrain from having any contact, directly or
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indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
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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.
This 6 month limit does not apply to a person sentenced to probation as a
result of a conviction of a fourth or subsequent violation of subsection (c‑4)
of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a
local ordinance.
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. 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) 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.
(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 made a ward of the State 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: (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, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
This amendatory Act of the 93rd General Assembly 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 Section 27.5
of the Clerks of Courts 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.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑616, eff. 1‑1‑04; 93‑970, eff. 8‑20‑04; 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑6‑3.1) (from Ch. 38, par. 1005‑6‑3.1)
(Text of Section from P.A. 94‑159)
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 or Section 411.2 of the Illinois Controlled
Substances 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 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 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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participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
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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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treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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the instruction or residence of defendants on probation;
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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) contribute to his own support at home or in
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(v) with the consent of the superintendent of
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the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
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to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5‑5‑6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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(10) perform some reasonable public or community
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(11) comply with the terms and conditions of an
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order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti‑crime program" as
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defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
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indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
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equipped with an ignition interlock device as defined in Section 1‑129.1 of the Illinois Vehicle Code. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment; and
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(18) if placed on supervision for a sex offense as
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defined in subsection (a‑5) of Section 3‑1‑2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non‑familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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(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
or 16A‑3 of the Criminal Code of 1961, 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 subsection (g) of Section 5 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. 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) 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 made a ward of the State 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: (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.
(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 Section
27.5 of the Clerks of Courts 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 the
high school level Test of General Educational Development (GED) 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 GED test, if a fee is charged for those courses
or test. 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 the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled 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 or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or Illinois Controlled
Substances 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 one year 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.
(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.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑970, eff. 8‑20‑04; 94‑159, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑161)
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 or Section 411.2 of the Illinois Controlled
Substances 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 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 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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|
participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
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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
|
|
treatment; or treatment for drug addiction or alcoholism;
|
|
(5) attend or reside in a facility established for
|
|
the instruction or residence of defendants on probation;
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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) contribute to his own support at home or in
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|
(v) with the consent of the superintendent of
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|
the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
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|
to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5‑5‑6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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|
(10) perform some reasonable public or community
|
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|
(11) comply with the terms and conditions of an
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|
order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti‑crime program" as
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|
defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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|
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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|
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
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|
indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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|
presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
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|
equipped with an ignition interlock device as defined in Section 1‑129.1 of the Illinois Vehicle Code. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment.
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(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
or 16A‑3 of the Criminal Code of 1961, 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 subsection (g) of Section 5 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. 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) 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 made a ward of the State 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: (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.
(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 Section
27.5 of the Clerks of Courts 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 the
high school level Test of General Educational Development (GED) 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 GED test, if a fee is charged for those courses
or test. 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 the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled 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 or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or Illinois Controlled
Substances 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 one year 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.
(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.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑970, eff. 8‑20‑04; 94‑161, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑556)
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 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 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
|
|
participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
|
|
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
|
|
|
(4) undergo medical, psychological or psychiatric
|
|
treatment; or treatment for drug addiction or alcoholism;
|
|
(5) attend or reside in a facility established for
|
|
the instruction or residence of defendants on probation;
|
|
(6) support his dependents;
(7) refrain from possessing a firearm or other
|
|
|
(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) contribute to his own support at home or in
|
|
|
(v) with the consent of the superintendent of
|
|
the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(9) make restitution or reparation in an amount not
|
|
to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5‑5‑6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
|
|
(10) perform some reasonable public or community
|
|
|
(11) comply with the terms and conditions of an
|
|
order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
|
|
(12) reimburse any "local anti‑crime program" as
|
|
defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
|
|
(13) contribute a reasonable sum of money, not to
|
|
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
|
|
(14) refrain from entering into a designated
|
|
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
|
|
(15) refrain from having any contact, directly or
|
|
indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
|
|
(16) refrain from having in his or her body the
|
|
presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
|
|
(17) refrain from operating any motor vehicle not
|
|
equipped with an ignition interlock device as defined in Section 1‑129.1 of the Illinois Vehicle Code. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment.
|
|
(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
or 16A‑3 of the Criminal Code of 1961, 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 subsection (g) of Section 5 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. 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) 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 made a ward of the State 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: (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.
(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 Section
27.5 of the Clerks of Courts 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 the
high school level Test of General Educational Development (GED) 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 GED test, if a fee is charged for those courses
or test. 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 the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled 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 one year 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.
(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.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑970, eff. 8‑20‑04; 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑8‑1) (from Ch. 38, par. 1005‑8‑1)
Sec. 5‑8‑1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining the offense, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, according to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and
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not more than 60 years, or
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(b) if a trier of fact finds beyond a reasonable
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doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9‑1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or
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(c) the court shall sentence the defendant to a
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term of natural life imprisonment when the death penalty is not imposed if the defendant,
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(i) has previously been convicted of first
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degree murder under any state or federal law, or
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(ii) is a person who, at the time of the
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commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age; or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of murdering more than one victim, or
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(iii) is found guilty of murdering a peace
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officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
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(iv) is found guilty of murdering an
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employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
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(v) is found guilty of murdering an
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emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistant or first aid personnel, or
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(vi) is a person who, at the time of the
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commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or
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(vii) is found guilty of first degree murder
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and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2‑3.5 of the Criminal Code of 1961.
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For purposes of clause (v), "emergency medical
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technician ‑ ambulance", "emergency medical technician ‑ intermediate", "emergency medical technician ‑ paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
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(d) (i) if the person committed the offense
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while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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(ii) if, during the commission of the
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offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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(iii) if, during the commission of the
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offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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(1.5) for second degree murder, a term shall be not
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less than 4 years and not more than 20 years;
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(2) for a person adjudged a habitual criminal under
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Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment;
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(2.5) for a person convicted under the circumstances
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described in paragraph (3) of subsection (b) of Section 12‑13, paragraph (2) of subsection (d) of Section 12‑14, paragraph (1.2) of subsection (b) of Section 12‑14.1, or paragraph (2) of subsection (b) of Section 12‑14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment;
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(3) except as otherwise provided in the statute
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defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years;
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(4) for a Class 1 felony, other than second degree
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murder, the sentence shall be not less than 4 years and not more than 15 years;
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(5) for a Class 2 felony, the sentence shall be not
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less than 3 years and not more than 7 years;
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(6) for a Class 3 felony, the sentence shall be not
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less than 2 years and not more than 5 years;
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(7) for a Class 4 felony, the sentence shall be not
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less than 1 year and not more than 3 years.
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(b) The sentencing judge in each felony conviction shall set forth
his reasons for imposing the particular sentence he enters in the case,
as provided in Section 5‑4‑1 of this Code. Those reasons may include
any mitigating or aggravating factors specified in this Code, or the
lack of any such circumstances, as well as any other such factors as the
judge shall set forth on the record that are consistent with the
purposes and principles of sentencing set out in this Code.
(c) 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 within 30 days
following the imposition of sentence. However, the court may not increase a
sentence once it is imposed.
If a motion filed pursuant to this subsection is timely filed within 30 days
after the sentence is imposed, the proponent of the motion shall exercise due
diligence in seeking a determination on the motion and the court shall
thereafter decide such motion within a reasonable time.
If a motion filed pursuant to this subsection is timely filed within 30 days
after the sentence is imposed, then for purposes of perfecting an appeal, a
final judgment shall not be considered to have been entered until the motion to
reduce a sentence has been decided by order entered by the trial court.
A motion filed pursuant to this subsection shall not be considered to have
been timely
filed unless it is filed with the circuit court clerk within 30 days after
the sentence is imposed together with a notice of motion, which 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.
(d) Except where a term of natural life is imposed, every sentence
shall include as though written therein a term in addition to the term
of imprisonment. For those sentenced under the law in effect prior to
February 1, 1978, such term shall be identified as a parole
term. For those sentenced on or after February 1, 1978, such term
shall be identified as a mandatory supervised release term. Subject to
earlier termination under Section 3‑3‑8, the parole or mandatory
supervised release term shall be as follows:
(1) for first degree murder or a Class X felony
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except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly, 3 years;
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(2) for a Class 1 felony or a Class 2 felony except
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for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly, 2 years;
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(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of
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predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
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(5) if the victim is under 18 years of age, for a
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second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code.
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(e) 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 sentence by the Illinois court ordered to be concurrent with
the prior sentence in the other state. The court may order that any time
served on the unexpired portion of the sentence in the other state,
prior to his return to Illinois, shall be credited on his Illinois
sentence. The other state shall be furnished with a copy of the order
imposing sentence which shall provide that, when the offender is
released from confinement of the other state, whether by parole or by
termination of sentence, the offender shall be transferred by the
Sheriff of the committing county to the Illinois Department of
Corrections. The court shall cause the Department of Corrections to be
notified of such sentence at the time of commitment and to be provided
with copies of all records regarding the sentence.
(f) 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 court which imposed sentence to
have his 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 Illinois sentence. Such application for reduction of a sentence under
this subsection (f) 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.
(Source: P.A. 94‑165, eff. 7‑11‑05; 94‑243, eff. 1‑1‑06; 94‑715, eff. 12‑13‑05.)
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(730 ILCS 5/5‑9‑1) (from Ch. 38, par. 1005‑9‑1)
(Text of Section from P.A. 94‑556)
Sec. 5‑9‑1. Authorized fines.
(a) An offender may be sentenced to pay a
fine which shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified in
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the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;
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(2) for a Class A misdemeanor, $2,500 or the amount
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specified in the offense, whichever is greater;
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(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
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specified in the offense, whichever is less;
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(5) for a business offense, the amount specified in
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the statute defining that offense.
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(b) A fine may be imposed in addition to a sentence of conditional
discharge, probation, periodic imprisonment, or imprisonment.
(c) There shall be added to every fine imposed in sentencing for a
criminal or traffic offense, except an offense relating to parking or
registration, or offense by a pedestrian, an additional penalty of $5 for
each $40, or fraction thereof, of fine imposed.
The additional penalty of $5 for each $40, or fraction thereof, of fine
imposed, if not otherwise assessed, shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or findings of guilty,
resulting in a judgment of conviction, or order of supervision in criminal,
traffic, local ordinance, county ordinance, and conservation cases (except
parking, registration, or pedestrian violations), or upon
a sentence of probation without entry of judgment under Section 10 of the
Cannabis Control Act, Section 410 of the Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act.
Such additional amounts shall be assessed by the court imposing
the fine and shall be collected by the Circuit Clerk in addition to the
fine and costs in the case. Each such additional penalty shall be
remitted by the Circuit Clerk within one month after receipt to the State
Treasurer. The State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The remaining
surcharge amount shall be deposited into the Traffic and Criminal Conviction
Surcharge
Fund, unless the fine, costs or additional amounts are subject to
disbursement by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty shall not be considered a part of the fine
for purposes of any reduction in the fine for time served either before or
after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c) during the preceding calendar year.
Except as otherwise provided by Supreme Court Rules, if a court in imposing
a fine against an offender levies a gross
amount for fine, costs, fees and penalties, the amount of the additional
penalty provided for herein shall be computed on the amount remaining after
deducting from the gross amount levied all fees of the Circuit Clerk, the
State's Attorney and the Sheriff. After deducting from the gross amount
levied the fees and additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine imposed in
the case. For purposes of this Section "fees of the Circuit Clerk" shall
include, if applicable, the fee provided for under Section 27.3a of the
Clerks of Courts Act and the fee, if applicable, payable to the county in
which the violation occurred pursuant to Section 5‑1101 of the Counties Code.
(c‑5) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $100 fee to the clerk.
This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c‑5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by credit card
from an offender who has been convicted of a traffic offense, petty offense
or misdemeanor and may charge the service fee permitted where fines and
costs are paid by credit card provided for in Section 27.3b of the Clerks
of Courts Act.
(c‑7) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $5 fee to the clerk. This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of
$5 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c‑7) during the preceding calendar year.
(c‑9) There shall be added to every fine imposed in sentencing for a
criminal or
traffic offense, except an offense relating to parking or registration, or
offense by a
pedestrian, an additional penalty of $4 imposed. The additional penalty of $4
shall
also be added to every fine imposed upon a plea of guilty, stipulation of
facts
or findings
of guilty, resulting in a judgment of conviction, or order of supervision in
criminal,
traffic, local ordinance, county ordinance, or conservation cases (except
parking,
registration, or pedestrian violations), or upon a sentence of probation
without entry of
judgment under Section 10 of the Cannabis Control Act, Section 410 of the
Controlled
Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act. Such additional penalty of $4 shall be assessed by the court
imposing
the fine and shall be collected by the circuit clerk in addition to any other
fine, costs, fees,
and penalties in the case. Each such additional penalty of $4 shall be
remitted to the State Treasurer by the
circuit clerk within one month after receipt. The State
Treasurer
shall deposit the additional penalty of $4 into the Traffic and Criminal
Conviction
Surcharge Fund. The additional penalty of $4 shall be in addition to any other
fine,
costs, fees, and penalties and shall not reduce or affect the distribution of
any other fine,
costs, fees, and penalties.
(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
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the offender to pay the fine; and
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(2) whether the fine will prevent the offender from
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making court ordered restitution or reparation to the victim of the offense; and
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(3) in a case where the accused is a dissolved
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corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
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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) All fines, costs and additional amounts 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
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 93‑32, eff. 6‑20‑03; 94‑556, eff. 9‑11‑05.)
(Text of Section from P.A. 94‑652)
Sec. 5‑9‑1. Authorized fines.
(a) An offender may be sentenced to pay a
fine which shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified in
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the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;
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(2) for a Class A misdemeanor, $2,500 or the amount
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specified in the offense, whichever is greater;
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(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
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specified in the offense, whichever is less;
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(5) for a business offense, the amount specified in
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the statute defining that offense.
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(b) A fine may be imposed in addition to a sentence of conditional
discharge, probation, periodic imprisonment, or imprisonment.
(c) There shall be added to every fine imposed in sentencing for a
criminal or traffic offense, except an offense relating to parking or
registration, or offense by a pedestrian, an additional penalty of $9 for
each $40, or fraction thereof, of fine imposed.
The additional penalty of $9 for each $40, or fraction thereof, of fine
imposed, if not otherwise assessed, shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or findings of guilty,
resulting in a judgment of conviction, or order of supervision in criminal,
traffic, local ordinance, county ordinance, and conservation cases (except
parking, registration, or pedestrian violations), or upon
a sentence of probation without entry of judgment under Section 10 of the
Cannabis Control Act or Section 410 of the Controlled Substances Act.
Such additional amounts shall be assessed by the court imposing
the fine and shall be collected by the Circuit Clerk in addition to the
fine and costs in the case. Each such additional penalty shall be
remitted by the Circuit Clerk within one month after receipt to the State
Treasurer. The State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund. The remaining
surcharge amount shall be deposited into the Traffic and Criminal Conviction
Surcharge
Fund, unless the fine, costs or additional amounts are subject to
disbursement by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty shall not be considered a part of the fine
for purposes of any reduction in the fine for time served either before or
after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c) during the preceding calendar year.
Except as otherwise provided by Supreme Court Rules, if a court in imposing
a fine against an offender levies a gross
amount for fine, costs, fees and penalties, the amount of the additional
penalty provided for herein shall be computed on the amount remaining after
deducting from the gross amount levied all fees of the Circuit Clerk, the
State's Attorney and the Sheriff. After deducting from the gross amount
levied the fees and additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine imposed in
the case. For purposes of this Section "fees of the Circuit Clerk" shall
include, if applicable, the fee provided for under Section 27.3a of the
Clerks of Courts Act and the fee, if applicable, payable to the county in
which the violation occurred pursuant to Section 5‑1101 of the Counties Code.
(c‑5) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $100 fee to the clerk.
This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Trauma Center Fund. This additional fee of $100 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c‑5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by credit card
from an offender who has been convicted of a traffic offense, petty offense
or misdemeanor and may charge the service fee permitted where fines and
costs are paid by credit card provided for in Section 27.3b of the Clerks
of Courts Act.
(c‑7) In addition to the fines imposed by subsection (c), any person
convicted or receiving an order of supervision for driving under the influence
of alcohol or drugs shall pay an additional $5 fee to the clerk. This
additional fee, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk, shall be remitted by
the clerk to the Treasurer within 60 days after receipt for deposit into the
Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of
$5 shall not be
considered a part of
the
fine for purposes of any reduction in the fine for time served either before or
after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c‑7) during the preceding calendar year.
(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
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the offender to pay the fine; and
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(2) whether the fine will prevent the offender from
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making court ordered restitution or reparation to the victim of the offense; and
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(3) in a case where the accused is a dissolved
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corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
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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) All fines, costs and additional amounts 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
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 93‑32, eff. 6‑20‑03; 94‑652, eff. 8‑22‑05.)
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