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2005 Illinois 730 ILCS 5/      Unified Code of Corrections. Article 5 - Authorized Dispositions


      (730 ILCS 5/Ch. V Art. 5 heading)
ARTICLE 5. AUTHORIZED DISPOSITIONS

    (730 ILCS 5/5‑5‑1) (from Ch. 38, par. 1005‑5‑1)
    Sec. 5‑5‑1. Classification of Offenses. (a) The provisions of this Article shall govern the classification of all offenses for sentencing purposes.
    (b) Felonies are classified, for the purpose of sentencing, as follows:
    (1) First degree murder (as a separate class of felony);
    (2) Class X felonies;
    (3) Class 1 felonies;
    (4) Class 2 felonies;
    (5) Class 3 felonies; and
    (6) Class 4 felonies.
    (c) Misdemeanors are classified, for the purpose of sentencing, as follows:
    (1) Class A misdemeanors;
    (2) Class B misdemeanors; and
    (3) Class C misdemeanors.
    (d) Petty offenses and business offenses are not classified.
(Source: P.A. 84‑1450.)

    (730 ILCS 5/5‑5‑2) (from Ch. 38, par. 1005‑5‑2)
    Sec. 5‑5‑2. Unclassified Offenses.) (a) The particular classification of each felony is specified in the law defining the felony. Any unclassified offense which is declared by law to be a felony or which provides a sentence to a term of imprisonment for one year or more shall be a Class 4 felony.
    (b) The particular classification of each misdemeanor is specified in the law or ordinance defining the misdemeanor.
    (1) Any offense not so classified which provides a sentence to a term of imprisonment of less than one year but in excess of 6 months shall be a Class A misdemeanor.
    (2) Any offense not so classified which provides a sentence to a term of imprisonment of 6 months or less but in excess of 30 days shall be a Class B misdemeanor.
    (3) Any offense not so classified which provides a sentence to a term of imprisonment of 30 days or less shall be a Class C misdemeanor.
    (c) Any unclassified offense which does not provide for a sentence of imprisonment shall be a petty offense or a business offense.
(Source: P.A. 80‑1099.)

    (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
    
repair the damage, if the offender was convicted under paragraph (h) of Section 21‑1 of the Criminal Code of 1961 (now repealed).
        (6) A fine.
        (7) An order directing the offender to make
    
restitution to the victim under Section 5‑5‑6 of this Code.
        (8) A sentence of participation in a county impact
    
incarceration program under Section 5‑8‑1.2 of this Code.
        (9) A term of imprisonment in combination with a
    
term of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
    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
    
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.
        (2) A period of probation, a term of periodic
    
imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment:
            (A) First degree murder where the death penalty
        
is not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        
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.
            (E) A violation of Section 5.1 or 9 of the
        
Cannabis Control Act.
            (F) A Class 2 or greater felony if the offender
        
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.
            (F‑5) A violation of Section 24‑1, 24‑1.1, or
        
24‑1.6 of the Criminal Code of 1961 for which imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        
provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen.
            (J) A forcible felony if the offense was related
        
to the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        
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.
            Beginning July 1, 1994, for the purposes of this
        
paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        
offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
            (M) A second or subsequent conviction for the
        
offense of institutional vandalism if the damage to the property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1)
        
of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
            (O) A violation of Section 12‑6.1 of the
        
Criminal Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        
(5), or (7) of subsection (a) of Section 11‑20.1 of the Criminal Code of 1961.
            (Q) A violation of Section 20‑1.2 or 20‑1.3 of
        
the Criminal Code of 1961.
            (R) A violation of Section 24‑3A of the Criminal
        
Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of
        
paragraph (6.6) of subsection (a), subsection (c‑5), or subsection (d‑5) of Section 401 of the Illinois Controlled Substances Act.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than
    
10 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6‑303 of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraph (4.3) of this
    
subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6‑303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or
    
300 hours of community service, as determined by the court, shall be imposed for a second violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraph (4.5) and
    
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.
        (4.5) A minimum term of imprisonment of 30 days
    
shall be imposed for a third violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
        (4.6) A minimum term of imprisonment of 180 days
    
shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
        (5) The court may sentence an offender convicted of
    
a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        
5‑5‑6 of this Code.
        (5.1) In addition to any penalties imposed under
    
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.
        (5.2) In addition to any penalties imposed under
    
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.
        (5.3) In addition to any penalties imposed under
    
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.
        (6) In no case shall an offender be eligible for a
    
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.
        (7) When a defendant is adjudged a habitual criminal
    
under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment.
        (8) When a defendant, over the age of 21 years, is
    
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.
        (9) A defendant convicted of a second or subsequent
    
offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    
for a first offense and $2,000 for a second or subsequent offense upon a person convicted of or placed on supervision for battery when the individual harmed was a sports official or coach at any level of competition and the act causing harm to the sports official or coach occurred within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or coach was an active participant of the athletic contest held at the athletic facility. For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the sporting event.
        (12) A person may not receive a disposition of court
    
supervision for a violation of Section 5‑16 of the Boat Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.
    (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
    
appropriate:
            (A) the defendant is willing to undergo a court
        
approved counseling program for a minimum duration of 2 years; or
            (B) the defendant is willing to participate in a
        
court approved plan including but not limited to the defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            
family;
                (iv) restitution for harm done to the
            
victim; and
                (v) compliance with any other measures that
            
the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    
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.
    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
    
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:
            (1) a final order of deportation has been issued
        
against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        
deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    
provided in this Chapter V.
        (B) If the defendant has already been sentenced for
    
a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act 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:
            (1) a final order of deportation has been issued
        
against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        
deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders
    
who are subject to the provisions of paragraph (2) of subsection (a) of Section 3‑6‑3.
        (D) Upon motion of the State's Attorney, if a
    
defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5‑5‑3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3‑6‑6.
    (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
    
repair the damage, if the offender was convicted under paragraph (h) of Section 21‑1 of the Criminal Code of 1961 (now repealed).
        (6) A fine.
        (7) An order directing the offender to make
    
restitution to the victim under Section 5‑5‑6 of this Code.
        (8) A sentence of participation in a county impact
    
incarceration program under Section 5‑8‑1.2 of this Code.
        (9) A term of imprisonment in combination with a term
    
of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
    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
    
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.
        (2) A period of probation, a term of periodic
    
imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment:
            (A) First degree murder where the death penalty
        
is not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        
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.
            (E) A violation of Section 5.1 or 9 of the
        
Cannabis Control Act.
            (F) A Class 2 or greater felony if the offender
        
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.
            (G) Residential burglary, except as otherwise
        
provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen.
            (J) A forcible felony if the offense was related
        
to the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        
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.
            Beginning July 1, 1994, for the purposes of this
        
paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        
offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
            (M) A second or subsequent conviction for the
        
offense of institutional vandalism if the damage to the property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1)
        
of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
            (O) A violation of Section 12‑6.1 of the
        
Criminal Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        
(5), or (7) of subsection (a) of Section 11‑20.1 of the Criminal Code of 1961.
            (Q) A violation of Section 20‑1.2 or 20‑1.3 of
        
the Criminal Code of 1961.
            (R) A violation of Section 24‑3A of the Criminal
        
Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        
Methamphetamine Control and Community Protection Act.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than
    
10 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6‑303 of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraph (4.3) of this
    
subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6‑303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or
    
300 hours of community service, as determined by the court, shall be imposed for a second violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraph (4.5) and
    
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.
        (4.5) A minimum term of imprisonment of 30 days
    
shall be imposed for a third violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
        (4.6) A minimum term of imprisonment of 180 days
    
shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
        (5) The court may sentence an offender convicted of
    
a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        
5‑5‑6 of this Code.
        (5.1) In addition to any penalties imposed under
    
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.
        (5.2) In addition to any penalties imposed under
    
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.
        (5.3) In addition to any penalties imposed under
    
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.
        (6) In no case shall an offender be eligible for a
    
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.
        (7) When a defendant is adjudged a habitual criminal
    
under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment.
        (8) When a defendant, over the age of 21 years, is
    
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.
        (9) A defendant convicted of a second or subsequent
    
offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    
for a first offense and $2,000 for a second or subsequent offense upon a person convicted of or placed on supervision for battery when the individual harmed was a sports official or coach at any level of competition and the act causing harm to the sports official or coach occurred within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or coach was an active participant of the athletic contest held at the athletic facility. For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the sporting event.
        (12) A person may not receive a disposition of court
    
supervision for a violation of Section 5‑16 of the Boat Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.
    (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
    
appropriate:
            (A) the defendant is willing to undergo a court
        
approved counseling program for a minimum duration of 2 years; or
            (B) the defendant is willing to participate in a
        
court approved plan including but not limited to the defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            
family;
                (iv) restitution for harm done to the
            
victim; and
                (v) compliance with any other measures that
            
the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    
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.
    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
    
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:
            (1) a final order of deportation has been issued
        
against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        
deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    
provided in this Chapter V.
        (B) If the defendant has already been sentenced for
    
a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        
against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        
deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders
    
who are subject to the provisions of paragraph (2) of subsection (a) of Section 3‑6‑3.
        (D) Upon motion of the State's Attorney, if a
    
defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5‑5‑3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3‑6‑6.
    (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.)

    (730 ILCS 5/5‑5‑3.1) (from Ch. 38, par. 1005‑5‑3.1)
    Sec. 5‑5‑3.1. Factors in Mitigation.
    (a) The following grounds shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment:
        (1) The defendant's criminal conduct neither caused
    
nor threatened serious physical harm to another.
        (2) The defendant did not contemplate that his
    
criminal conduct would cause or threaten serious physical harm to another.
        (3) The defendant acted under a strong provocation.
        (4) There were substantial grounds tending to excuse
    
or justify the defendant's criminal conduct, though failing to establish a defense.
        (5) The defendant's criminal conduct was induced or
    
facilitated by someone other than the defendant.
        (6) The defendant has compensated or will compensate
    
the victim of his criminal conduct for the damage or injury that he sustained.
        (7) The defendant has no history of prior
    
delinquency or criminal activity or has led a law‑abiding life for a substantial period of time before the commission of the present crime.
        (8) The defendant's criminal conduct was the result
    
of circumstances unlikely to recur.
        (9) The character and attitudes of the defendant
    
indicate that he is unlikely to commit another crime.
        (10) The defendant is particularly likely to comply
    
with the terms of a period of probation.
        (11) The imprisonment of the defendant would entail
    
excessive hardship to his dependents.
        (12) The imprisonment of the defendant would
    
endanger his or her medical condition.
        (13) The defendant was mentally retarded as defined
    
in Section 5‑1‑13 of this Code.
    (b) If the court, having due regard for the character of the offender, the nature and circumstances of the offense and the public interest finds that a sentence of imprisonment is the most appropriate disposition of the offender, or where other provisions of this Code mandate the imprisonment of the offender, the grounds listed in paragraph (a) of this subsection shall be considered as factors in mitigation of the term imposed.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (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
    
serious harm;
        (2) the defendant received compensation for
    
committing the offense;
        (3) the defendant has a history of prior delinquency
    
or criminal activity;
        (4) the defendant, by the duties of his office or by
    
his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;
        (5) the defendant held public office at the time of
    
the offense, and the offense related to the conduct of that office;
        (6) the defendant utilized his professional
    
reputation or position in the community to commit the offense, or to afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    
committing the same crime;
        (8) the defendant committed the offense against a
    
person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    
person who is physically handicapped or such person's property;
        (10) by reason of another individual's actual or
    
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;
        (11) the offense took place in a place of worship or
    
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;
        (12) the defendant was convicted of a felony
    
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;
        (13) the defendant committed or attempted to commit a
    
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;
        (14) the defendant held a position of trust or
    
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;
        (15) the defendant committed an offense related to
    
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;
        (16) the defendant committed an offense in violation
    
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;
        (16.5) the defendant committed an offense in
    
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;
        (17) the defendant committed the offense 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;
        (18) the defendant committed the offense in a nursing
    
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;
        (19) the defendant was a federally licensed firearm
    
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;
        (20) the defendant (i) committed the offense of
    
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
        (21) the defendant (i) committed the offense of
    
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.
    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,
    
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
        (2) When a defendant is convicted of any felony and
    
the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or
        (3) When a defendant is convicted of voluntary
    
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
        (4) When a defendant is convicted of any felony
    
committed against:
            (i) a person under 12 years of age at the time of
        
the offense or such person's property;
            (ii) a person 60 years of age or older at the
        
time of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        
of the offense or such person's property; or
        (5) In the case of a defendant convicted of
    
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
        (6) When a defendant is convicted of any felony and
    
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:
            (i) the brutalizing or torturing of humans or
        
animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        
fraternal, business, governmental, educational, or other building or property; or
            (v) ritualized abuse of a child; or
        (7) When a defendant is convicted of first degree
    
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
        (8) When a defendant is convicted of a felony other
    
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
        (9) When a defendant is convicted of a felony
    
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
        (10) When a defendant committed the offense using a
    
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
        (11) When a defendant who was at least 17 years of
    
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
        (12) When a defendant commits an offense involving
    
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
        (13) When a defendant commits any felony and the
    
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.
    (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.)

    (730 ILCS 5/5‑5‑4) (from Ch. 38, par. 1005‑5‑4)
    Sec. 5‑5‑4. Resentences.
    (a) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence less the portion of the prior sentence previously satisfied unless the more severe sentence is based upon conduct on the part of the defendant occurring after the original sentencing. If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re‑sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.
    (b) If a conviction or sentence has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the defendant was factually innocent of the charge, the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and Department of State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
    All records sealed by the Department of State Police may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual.
    Upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed.
(Source: P.A. 93‑210, eff. 7‑18‑03.)

    (730 ILCS 5/5‑5‑4.1) (from Ch. 38, par. 1005‑5‑4.1)
    Sec. 5‑5‑4.1. Appeal. The defendant has the right of appeal in all cases from sentences entered on conviction of first degree murder or any other Class of felony.
(Source: P.A. 84‑1450.)

    (730 ILCS 5/5‑5‑4.2) (from Ch. 38, par. 1005‑5‑4.2)
    Sec. 5‑5‑4.2. Statewide Sentence Equalization Procedures.) The Supreme Court may by rule, not inconsistent with law, prescribe such practices and procedures as will promote a uniformity and parity of sentences within and among the various circuit courts and appellate court districts.
(Source: P.A. 80‑1099.)

    (730 ILCS 5/5‑5‑4.3) (from Ch. 38, par. 1005‑5‑4.3)
    Sec. 5‑5‑4.3. Duties of Department of Corrections.) (a) The Department of Corrections shall publish an annual report beginning not less than 18 months after the effective date of this amendatory Act of 1977 and not later than April 30 of each year which shall be made available to trial and appellate court judges for their use in imposing or reviewing sentences under this Code and to other interested parties upon a showing of need. That report shall set forth the following data:
    (1) The range, frequency, distribution and average of terms of imprisonment imposed on offenders committed to the Department of Corrections, by offense:
    (2) The range, frequency, distribution and average of terms actually served in prison by offenders committed to the Department of Corrections, by offense:
    (3) The number of instances in which an offender was committed to the Department of Corrections pursuant to Sections 5‑8‑1, 5‑8‑2 and 5‑8‑4 of this Code, by offense, and the range, frequency, distribution and average of sentences imposed pursuant to those provisions, by offense; and
    (4) Such other information which the Department can provide which might be requested by the court to assist it in imposing sentences.
    (b) All data required to be disseminated by this Section shall be set forth for a period of not less than the preceding 5 years, insofar as possible.
    (c) All data required to be disseminated by this Section shall conform fully to all state and federal laws and resolutions concerning the security, privacy and confidentiality of such materials.
(Source: P.A. 84‑240.)

    (730 ILCS 5/5‑5‑5) (from Ch. 38, par. 1005‑5‑5)
    Sec. 5‑5‑5. Loss and Restoration of Rights.
    (a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29‑6 and 29‑10 of The Election Code, as now or hereafter amended.
    (b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence.
    (c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment.
    (d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code.
    (e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion.
    (f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.
    (g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense.
    (h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:
        (1) there is a direct relationship between one or
    
more of the previous criminal offenses and the specific license sought; or
        (2) the issuance of the license would involve an
    
unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
    In making such a determination, the licensing agency shall consider the following factors:
        (1) the public policy of this State, as expressed in
    
Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
        (2) the specific duties and responsibilities
    
necessarily related to the license being sought;
        (3) the bearing, if any, the criminal offenses or
    
offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
        (4) the time which has elapsed since the occurrence
    
of the criminal offense or offenses;
        (5) the age of the person at the time of occurrence
    
of the criminal offense or offenses;
        (6) the seriousness of the offense or offenses;
        (7) any information produced by the person or
    
produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and
        (8) the legitimate interest of the licensing agency
    
in protecting property, and the safety and welfare of specific individuals or the general public.
    (i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:
        (1) the Animal Welfare Act; except that a
    
certificate of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03‑1, or 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961;
        (2) the Illinois Athletic Trainers Practice Act;
        (3) the Barber, Cosmetology, Esthetics, and Nail
    
Technology Act of 1985;
        (4) the Boiler and Pressure Vessel Repairer
    
Regulation Act;
        (5) the Professional Boxing Act;
        (6) the Illinois Certified Shorthand Reporters Act
    
of 1984;
        (7) the Illinois Farm Labor Contractor Certification
    
Act;
        (8) the Interior Design Title Act;
        (9) the Illinois Professional Land Surveyor Act of
    
1989;
        (10) the Illinois Landscape Architecture Act of 1989;
        (11) the Marriage and Family Therapy Licensing Act;
        (12) the Private Employment Agency Act;
        (13) the Professional Counselor and Clinical
    
Professional Counselor Licensing Act;
        (14) the Real Estate License Act of 2000;
        (15) the Illinois Roofing Industry Licensing Act;
        (16) the Professional Engineering Practice Act of
    
1989;
        (17) the Water Well and Pump Installation
    
Contractor's License Act; and
        (18) the Electrologist Licensing Act.
(Source: P.A. 93‑207, eff. 1‑1‑04; 93‑914, eff. 1‑1‑05.)

    (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
    
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.
        (b) In fixing the amount of restitution to be paid
    
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.
        (c) In cases where more than one defendant is
    
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.
            (1) In no event shall the victim be entitled to
        
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.
            (2) As between the defendants, the court may
        
apportion the restitution that is payable in proportion to each co‑defendant's culpability in the commission of the offense.
            (3) In the absence of a specific order
        
apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
            (4) As between the defendants, each defendant
        
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.
        (d) In instances where a defendant has more than one
    
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.
        (e) The court may require the defendant to apply the
    
balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
        (f) Taking into consideration the ability of the
    
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.
        (g) The court shall, after determining that the
    
defendant has the ability to pay, require the defendant to pay for the victim's counseling services if:
            (1) the defendant was convicted of an offense
        
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
            (2) the victim was under 18 years of age at the
        
time the offense was committed and requires counseling as a result of the offense.
        The payments shall be made by the defendant to the
    
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.
        (h) The judge may enter an order of withholding to
    
collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
        (i) A sentence of restitution may be modified or
    
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.
        (j) The procedure upon the filing of a Petition to
    
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.
        (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.
        (l) Restitution ordered under this Section shall not
    
be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
        (m) A restitution order under this Section is a
    
judgment lien in favor of the victim that:
            (1) Attaches to the property of the person
        
subject to the order;
            (2) May be perfected in the same manner as
        
provided in Part 3 of Article 9 of the Uniform Commercial Code;
            (3) May be enforced to satisfy any payment that
        
is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
            (4) Expires in the same manner as a judgment
        
lien created in a civil proceeding.
        When a restitution order is issued under this
    
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.
        (n) An order of restitution under this Section does
    
not bar a civil action for:
            (1) Damages that the court did not require the
        
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
            (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
    
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.
        (b) In fixing the amount of restitution to be paid 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 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.
        (c) In cases where more than one defendant is
    
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.
            (1) In no event shall the victim be entitled to
        
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.
            (2) As between the defendants, the court may
        
apportion the restitution that is payable in proportion to each co‑defendant's culpability in the commission of the offense.
            (3) In the absence of a specific order
        
apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
            (4) As between the defendants, each defendant
        
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.
        (d) In instances where a defendant has more than one
    
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.
        (e) The court may require the defendant to apply the
    
balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
        (f) Taking into consideration the ability of the
    
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.
        (f‑1)(1) In addition to any other penalty prescribed
    
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.
        (2) The victim's estimate of long‑term physical
    
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.
        (3) After a sentencing order has been entered, the
    
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.
        (g) In addition to the sentences provided for in
    
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.
        The payments shall be made by the defendant to the
    
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.
        (h) The judge may enter an order of withholding to
    
collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
        (i) A sentence of restitution may be modified or
    
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.
        (j) The procedure upon the filing of a Petition to
    
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.
        (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.
        (l) Restitution ordered under this Section shall not
    
be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
        (m) A restitution order under this Section is a
    
judgment lien in favor of the victim that:
            (1) Attaches to the property of the person
        
subject to the order;
            (2) May be perfected in the same manner as
        
provided in Part 3 of Article 9 of the Uniform Commercial Code;
            (3) May be enforced to satisfy any payment that
        
is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
            (4) Expires in the same manner as a judgment lien
        
created in a civil proceeding.
        When a restitution order is issued under this
    
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.
        (n) An order of restitution under this Section does
    
not bar a civil action for:
            (1) Damages that the court did not require the
        
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
            (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.)

    (730 ILCS 5/5‑5‑7) (from Ch. 38, par. 1005‑5‑7)
    Sec. 5‑5‑7. Neither the State, any local government, probation department, public or community service program or site, nor any official, volunteer, or employee thereof acting in the course of their official duties shall be liable for any injury or loss a person might receive while performing public or community service as ordered either (1) by the court or (2) by any duly authorized station or probation adjustment, teen court, community mediation, or other administrative diversion program authorized by the Juvenile Court Act of 1987 for a violation of a penal statute of this State or a local government ordinance (whether penal, civil, or quasi‑criminal) or for a traffic offense, nor shall they be liable for any tortious acts of any person performing public or community service, except for wilful, wanton misconduct or gross negligence on the part of such governmental unit, probation department, or public or community service program or site, or the official, volunteer, or employee.
(Source: P.A. 91‑820, eff. 6‑13‑00.)

    (730 ILCS 5/5‑5‑8) (from Ch. 38, par. 1005‑5‑8)
    Sec. 5‑5‑8. No person assigned to a public or community service program shall be considered an employee for any purpose, nor shall the county board be obligated to provide any compensation to such person.
(Source: P.A. 85‑449.)

    (730 ILCS 5/5‑5‑9) (from Ch. 38, par. 1005‑5‑9)
    Sec. 5‑5‑9. Community service. When a defendant is ordered by the court to perform community service as a condition of his or her sentence, the court in its discretion may appoint a non‑profit organization to administer a program of community service relating to cleaning up the community, repairing damage, and painting buildings or other structures defaced. The non‑profit organization approved by the court may determine dates and locations of the defendant's service, procure necessary cleaning or other utensils for defendant to use in performing community service, choose sites to be repainted or cleaned, and provide supervision of the defendant's activities. A defendant participating in the program shall be given reasonable rest periods as determined by the non‑profit organization with the approval of the court. The county sheriff or municipal law enforcement agency may provide one or more peace officers to supervise the program. A defendant who fails to successfully complete the community service program established in this Section shall be subject to resentencing as provided in this Chapter V.
(Source: P.A. 87‑907.)

    (730 ILCS 5/5‑5‑10)
    Sec. 5‑5‑10. Community service fee. When an offender or defendant is ordered by the court to perform community service and the offender is not otherwise assessed a fee for probation services, the court shall impose a fee of $50 for each month the community service ordered by the court is supervised by a probation and court services department, unless after determining the inability of the person sentenced to community service to pay the fee, the court assesses a lesser fee. The court may not impose a 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 on an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee in excess of $25 per month unless: (1) the circuit court has adopted, by administrative order issued by the chief judge, a standard probation fee guide determining an offender's ability to pay, under guidelines developed by the Administrative Office of the Illinois Courts; and (2) the circuit court has authorized, by administrative order issued by the chief judge, the creation of a Crime Victim's Services Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families. Of the amount collected as a probation fee, not to exceed $5 of that fee collected per month may be used to provide services to crime victims and their families.
(Source: P.A. 93‑475, eff. 8‑8‑03.)

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