(730 ILCS 5/5‑5‑3) (from Ch. 38, par. 1005‑5‑3)
(Text of Section from P.A. 94‑72)
Sec. 5‑5‑3. Disposition.
(a) Except as provided in Section 11‑501 of the Illinois Vehicle Code, every person convicted of an offense shall be sentenced as provided
in this Section.
(b) The following options shall be appropriate dispositions, alone
or in combination, for all felonies and misdemeanors other than those
identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
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repair the damage, if the offender was convicted under paragraph (h) of Section 21‑1 of the Criminal Code of 1961 (now repealed).
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(6) A fine.
(7) An order directing the offender to make
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restitution to the victim under Section 5‑5‑6 of this Code.
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(8) A sentence of participation in a county impact
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incarceration program under Section 5‑8‑1.2 of this Code.
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(9) A term of imprisonment in combination with a
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term of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
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Neither a fine nor restitution shall be the sole disposition
for a felony and either or both may be imposed only in conjunction with
another disposition.
(c) (1) When a defendant is found guilty of first degree
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murder the State may either seek a sentence of imprisonment under Section 5‑8‑1 of this Code, or where appropriate seek a sentence of death under Section 9‑1 of the Criminal Code of 1961.
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(2) A period of probation, a term of periodic
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imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment:
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(A) First degree murder where the death penalty
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(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
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Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.
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(E) A violation of Section 5.1 or 9 of the
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(F) A Class 2 or greater felony if the offender
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had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(F‑5) A violation of Section 24‑1, 24‑1.1, or
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24‑1.6 of the Criminal Code of 1961 for which imprisonment is prescribed in those Sections.
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(G) Residential burglary, except as otherwise
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provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related
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to the activities of an organized gang.
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Before July 1, 1994, for the purposes of this
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paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.
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Beginning July 1, 1994, for the purposes of this
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paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
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offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
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(M) A second or subsequent conviction for the
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offense of institutional vandalism if the damage to the property exceeds $300.
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(N) A Class 3 felony violation of paragraph (1)
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of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
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(O) A violation of Section 12‑6.1 of the
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(P) A violation of paragraph (1), (2), (3), (4),
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(5), or (7) of subsection (a) of Section 11‑20.1 of the Criminal Code of 1961.
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(Q) A violation of Section 20‑1.2 or 20‑1.3 of
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the Criminal Code of 1961.
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(R) A violation of Section 24‑3A of the Criminal
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(S) (Blank).
(T) A second or subsequent violation of
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paragraph (6.6) of subsection (a), subsection (c‑5), or subsection (d‑5) of Section 401 of the Illinois Controlled Substances Act.
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(3) (Blank).
(4) A minimum term of imprisonment of not less than
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10 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.1) (Blank).
(4.2) Except as provided in paragraph (4.3) of this
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subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6‑303 of the Illinois Vehicle Code.
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(4.3) A minimum term of imprisonment of 30 days or
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300 hours of community service, as determined by the court, shall be imposed for a second violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.4) Except as provided in paragraph (4.5) and
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paragraph (4.6) of this subsection (c), a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, shall be imposed for a third or subsequent violation of Section 6‑303 of the Illinois Vehicle Code.
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(4.5) A minimum term of imprisonment of 30 days
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shall be imposed for a third violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.6) A minimum term of imprisonment of 180 days
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shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(5) The court may sentence an offender convicted of
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a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:
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(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
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(5.1) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for at least 90 days but not more than one year, if the violation resulted in damage to the property of another person.
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(5.2) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), and except as provided in paragraph (5.3), a person convicted of violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for at least 180 days but not more than 2 years, if the violation resulted in injury to another person.
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(5.3) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), a person convicted of violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person.
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(6) In no case shall an offender be eligible for a
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disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of probation or conditional discharge for a felony.
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(7) When a defendant is adjudged a habitual criminal
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under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment.
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(8) When a defendant, over the age of 21 years, is
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convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender. This paragraph shall not apply unless (1) the first felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a condition of probation as provided by Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(9) A defendant convicted of a second or subsequent
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offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.
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(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
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for a first offense and $2,000 for a second or subsequent offense upon a person convicted of or placed on supervision for battery when the individual harmed was a sports official or coach at any level of competition and the act causing harm to the sports official or coach occurred within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or coach was an active participant of the athletic contest held at the athletic facility. For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the sporting event.
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(12) A person may not receive a disposition of court
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supervision for a violation of Section 5‑16 of the Boat Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.
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(d) In any case in which a sentence originally imposed is vacated,
the case shall be remanded to the trial court. The trial court shall
hold a hearing under Section 5‑4‑1 of the Unified Code of Corrections
which may include evidence of the defendant's life, moral character and
occupation during the time since the original sentence was passed. The
trial court shall then impose sentence upon the defendant. The trial
court may impose any sentence which could have been imposed at the
original trial subject to Section 5‑5‑4 of the Unified Code of Corrections.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the
existence of a fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re‑sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for
aggravated criminal sexual abuse under Section 12‑16 of the
Criminal Code of 1961 results in conviction of a defendant
who was a family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
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(A) the defendant is willing to undergo a court
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approved counseling program for a minimum duration of 2 years; or
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(B) the defendant is willing to participate in a
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court approved plan including but not limited to the defendant's:
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(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
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(iv) restitution for harm done to the
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(v) compliance with any other measures that
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the court may deem appropriate; and
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(2) the court orders the defendant to pay for the
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victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
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Probation may be revoked or modified pursuant to Section 5‑6‑4; except
where the court determines at the hearing that the defendant violated a
condition of his or her probation restricting contact with the victim or
other family members or commits another offense with the victim or other
family members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim" shall have
the meanings ascribed to them in Section 12‑12 of the Criminal Code of
1961.
(f) This Article shall not deprive a court in other proceedings to
order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under Sections
11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑18.1, 11‑19, 11‑19.1, 11‑19.2,
12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961,
the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency syndrome
(AIDS). Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the conviction was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of the test results. The court shall
also notify the victim if requested by the victim, and if the victim is under
the age of 15 and if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of the test
results.
The court shall provide information on the availability of HIV testing
and counseling at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible.
A State's Attorney may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the disclosure if
the State's Attorney shows it is relevant in order to prosecute a charge of
criminal transmission of HIV under Section 12‑16.2 of the Criminal Code of 1961
against the defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against the convicted
defendant.
(g‑5) When an inmate is tested for an airborne communicable disease, as
determined by the Illinois Department of Public Health including but not
limited to tuberculosis, the results of the test shall be
personally delivered by the warden or his or her designee in a sealed envelope
to the judge of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to prevent transmission
of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under Section 1 or 2
of the Hypodermic Syringes and Needles Act, the defendant shall undergo
medical testing to determine whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by
law, the results of such test shall be kept strictly confidential by all
medical personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction was entered
for the judge's inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The court shall
notify the defendant of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide information on the
availability of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are revealed and
shall direct the State's Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain the results of
any HIV test administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12‑16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the cost of any
such test shall be paid by the county and may be taxed as costs against the
convicted defendant.
(i) All fines and penalties imposed under this Section for any violation
of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation
of the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit
clerk as provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11‑6, 11‑8,
11‑9, 11‑11, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑17.1, 11‑18, 11‑18.1,
11‑19, 11‑19.1, 11‑19.2, 11‑20.1, 11‑21, 12‑13, 12‑14, 12‑14.1, 12‑15, or
12‑16 of the
Criminal Code of 1961, any violation of the Illinois Controlled Substances Act,
or any violation of the Cannabis Control Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substance Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the Child Care
Act of 1969, a public or private elementary or secondary school, or otherwise
works with children under 18 years of age on a daily basis. When a defendant
is so employed, the court shall order the Clerk of the Court to send a copy of
the judgment of conviction or order of supervision or probation to the
defendant's employer by certified mail.
If the employer of the defendant is a school, the Clerk of the Court shall
direct the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional superintendent of schools.
The regional superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j‑5) A defendant at least 17 years of age who is convicted of a felony and
who has not been previously convicted of a misdemeanor or felony and who is
sentenced to a term of imprisonment in the Illinois Department of Corrections
shall as a condition of his or her sentence be required by the court to attend
educational courses designed to prepare the defendant for a high school diploma
and to work toward a high school diploma or to work toward passing the high
school level Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational training
required by his or her sentence during the term of incarceration, the Prisoner
Review Board shall, as a condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of study toward a high
school diploma or passage of the GED test. The Prisoner Review Board shall
revoke the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j‑5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release term; however,
the inability of the defendant after making a good faith effort to obtain
financial aid or pay for the educational training shall not be deemed a wilful
failure to comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under this subsection
(j‑5) as provided in Section 3‑3‑9. This subsection (j‑5) does not apply to a
defendant who has a high school diploma or has successfully passed the GED
test. This subsection (j‑5) does not apply to a defendant who is determined by
the court to be developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or injected
with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of
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subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State's Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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Otherwise, the defendant shall be sentenced as
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provided in this Chapter V.
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(B) If the defendant has already been sentenced for
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a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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(C) This subsection (l) does not apply to offenders
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who are subject to the provisions of paragraph (2) of subsection (a) of Section 3‑6‑3.
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(D) Upon motion of the State's Attorney, if a
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defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5‑5‑3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3‑6‑6.
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(m) A person convicted of criminal defacement of property under Section
21‑1.3 of the Criminal Code of 1961, in which the property damage exceeds $300
and the property damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a violation of Section
12‑19, 12‑21, or 16‑1.3 of the Criminal Code of 1961 (i) to an impact
incarceration program if the person is otherwise eligible for that program
under Section 5‑8‑1.1, (ii) to community service, or (iii) if the person is an
addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and
Dependency Act, to a substance or alcohol abuse program licensed under that
Act.
(Source: P.A. 93‑44, eff. 7‑1‑03; 93‑156, eff. 1‑1‑04; 93‑169, eff. 7‑10‑03; 93‑301, eff. 1‑1‑04; 93‑419, eff. 1‑1‑04; 93‑546, eff. 1‑1‑04; 93‑694, eff. 7‑9‑04; 93‑782, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑1014, eff. 1‑1‑05; 94‑72, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑556)
Sec. 5‑5‑3. Disposition.
(a) Except as provided in Section 11‑501 of the Illinois Vehicle Code, every person convicted of an offense shall be sentenced as provided
in this Section.
(b) The following options shall be appropriate dispositions, alone
or in combination, for all felonies and misdemeanors other than those
identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
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repair the damage, if the offender was convicted under paragraph (h) of Section 21‑1 of the Criminal Code of 1961 (now repealed).
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(6) A fine.
(7) An order directing the offender to make
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restitution to the victim under Section 5‑5‑6 of this Code.
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(8) A sentence of participation in a county impact
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incarceration program under Section 5‑8‑1.2 of this Code.
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(9) A term of imprisonment in combination with a term
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of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
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Neither a fine nor restitution shall be the sole disposition
for a felony and either or both may be imposed only in conjunction with
another disposition.
(c) (1) When a defendant is found guilty of first degree
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murder the State may either seek a sentence of imprisonment under Section 5‑8‑1 of this Code, or where appropriate seek a sentence of death under Section 9‑1 of the Criminal Code of 1961.
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(2) A period of probation, a term of periodic
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imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment:
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(A) First degree murder where the death penalty
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(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
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Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.
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(E) A violation of Section 5.1 or 9 of the
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(F) A Class 2 or greater felony if the offender
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had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(G) Residential burglary, except as otherwise
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provided in Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related
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to the activities of an organized gang.
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Before July 1, 1994, for the purposes of this
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paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.
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Beginning July 1, 1994, for the purposes of this
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paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
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offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
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(M) A second or subsequent conviction for the
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offense of institutional vandalism if the damage to the property exceeds $300.
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(N) A Class 3 felony violation of paragraph (1)
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of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
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(O) A violation of Section 12‑6.1 of the
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(P) A violation of paragraph (1), (2), (3), (4),
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(5), or (7) of subsection (a) of Section 11‑20.1 of the Criminal Code of 1961.
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(Q) A violation of Section 20‑1.2 or 20‑1.3 of
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the Criminal Code of 1961.
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(R) A violation of Section 24‑3A of the Criminal
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(S) (Blank).
(T) A second or subsequent violation of the
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Methamphetamine Control and Community Protection Act.
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(3) (Blank).
(4) A minimum term of imprisonment of not less than
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10 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.1) (Blank).
(4.2) Except as provided in paragraph (4.3) of this
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subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6‑303 of the Illinois Vehicle Code.
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(4.3) A minimum term of imprisonment of 30 days or
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300 hours of community service, as determined by the court, shall be imposed for a second violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.4) Except as provided in paragraph (4.5) and
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paragraph (4.6) of this subsection (c), a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, shall be imposed for a third or subsequent violation of Section 6‑303 of the Illinois Vehicle Code.
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(4.5) A minimum term of imprisonment of 30 days
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shall be imposed for a third violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(4.6) A minimum term of imprisonment of 180 days
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shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code.
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(5) The court may sentence an offender convicted of
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a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:
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(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
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(5.1) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for at least 90 days but not more than one year, if the violation resulted in damage to the property of another person.
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(5.2) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), and except as provided in paragraph (5.3), a person convicted of violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for at least 180 days but not more than 2 years, if the violation resulted in injury to another person.
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(5.3) In addition to any penalties imposed under
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paragraph (5) of this subsection (c), a person convicted of violating subsection (c) of Section 11‑907 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person.
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(6) In no case shall an offender be eligible for a
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disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of probation or conditional discharge for a felony.
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(7) When a defendant is adjudged a habitual criminal
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under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment.
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(8) When a defendant, over the age of 21 years, is
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convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender. This paragraph shall not apply unless (1) the first felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a condition of probation as provided by Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(9) A defendant convicted of a second or subsequent
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offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.
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(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
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for a first offense and $2,000 for a second or subsequent offense upon a person convicted of or placed on supervision for battery when the individual harmed was a sports official or coach at any level of competition and the act causing harm to the sports official or coach occurred within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or coach was an active participant of the athletic contest held at the athletic facility. For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the sporting event.
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(12) A person may not receive a disposition of court
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supervision for a violation of Section 5‑16 of the Boat Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.
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(d) In any case in which a sentence originally imposed is vacated,
the case shall be remanded to the trial court. The trial court shall
hold a hearing under Section 5‑4‑1 of the Unified Code of Corrections
which may include evidence of the defendant's life, moral character and
occupation during the time since the original sentence was passed. The
trial court shall then impose sentence upon the defendant. The trial
court may impose any sentence which could have been imposed at the
original trial subject to Section 5‑5‑4 of the Unified Code of Corrections.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the
existence of a fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re‑sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for
aggravated criminal sexual abuse under Section 12‑16 of the
Criminal Code of 1961 results in conviction of a defendant
who was a family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
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(A) the defendant is willing to undergo a court
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approved counseling program for a minimum duration of 2 years; or
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(B) the defendant is willing to participate in a
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court approved plan including but not limited to the defendant's:
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(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
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(iv) restitution for harm done to the
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(v) compliance with any other measures that
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the court may deem appropriate; and
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(2) the court orders the defendant to pay for the
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victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
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Probation may be revoked or modified pursuant to Section 5‑6‑4; except
where the court determines at the hearing that the defendant violated a
condition of his or her probation restricting contact with the victim or
other family members or commits another offense with the victim or other
family members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim" shall have
the meanings ascribed to them in Section 12‑12 of the Criminal Code of
1961.
(f) This Article shall not deprive a court in other proceedings to
order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under Sections
11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑18.1, 11‑19, 11‑19.1, 11‑19.2,
12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961,
the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency syndrome
(AIDS). Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the conviction was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of the test results. The court shall
also notify the victim if requested by the victim, and if the victim is under
the age of 15 and if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of the test
results.
The court shall provide information on the availability of HIV testing
and counseling at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible.
A State's Attorney may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the disclosure if
the State's Attorney shows it is relevant in order to prosecute a charge of
criminal transmission of HIV under Section 12‑16.2 of the Criminal Code of 1961
against the defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against the convicted
defendant.
(g‑5) When an inmate is tested for an airborne communicable disease, as
determined by the Illinois Department of Public Health including but not
limited to tuberculosis, the results of the test shall be
personally delivered by the warden or his or her designee in a sealed envelope
to the judge of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to prevent transmission
of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under Section 1 or 2
of the Hypodermic Syringes and Needles Act, the defendant shall undergo
medical testing to determine whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by
law, the results of such test shall be kept strictly confidential by all
medical personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction was entered
for the judge's inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The court shall
notify the defendant of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide information on the
availability of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are revealed and
shall direct the State's Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain the results of
any HIV test administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12‑16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the cost of any
such test shall be paid by the county and may be taxed as costs against the
convicted defendant.
(i) All fines and penalties imposed under this Section for any violation
of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation
of the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit
clerk as provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11‑6, 11‑8,
11‑9, 11‑11, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑17.1, 11‑18, 11‑18.1,
11‑19, 11‑19.1, 11‑19.2, 11‑20.1, 11‑21, 12‑13, 12‑14, 12‑14.1, 12‑15, or
12‑16 of the
Criminal Code of 1961, any violation of the Illinois Controlled Substances Act,
any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the Child Care
Act of 1969, a public or private elementary or secondary school, or otherwise
works with children under 18 years of age on a daily basis. When a defendant
is so employed, the court shall order the Clerk of the Court to send a copy of
the judgment of conviction or order of supervision or probation to the
defendant's employer by certified mail.
If the employer of the defendant is a school, the Clerk of the Court shall
direct the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional superintendent of schools.
The regional superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j‑5) A defendant at least 17 years of age who is convicted of a felony and
who has not been previously convicted of a misdemeanor or felony and who is
sentenced to a term of imprisonment in the Illinois Department of Corrections
shall as a condition of his or her sentence be required by the court to attend
educational courses designed to prepare the defendant for a high school diploma
and to work toward a high school diploma or to work toward passing the high
school level Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational training
required by his or her sentence during the term of incarceration, the Prisoner
Review Board shall, as a condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of study toward a high
school diploma or passage of the GED test. The Prisoner Review Board shall
revoke the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j‑5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release term; however,
the inability of the defendant after making a good faith effort to obtain
financial aid or pay for the educational training shall not be deemed a wilful
failure to comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under this subsection
(j‑5) as provided in Section 3‑3‑9. This subsection (j‑5) does not apply to a
defendant who has a high school diploma or has successfully passed the GED
test. This subsection (j‑5) does not apply to a defendant who is determined by
the court to be developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or injected
with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of
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subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State's Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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Otherwise, the defendant shall be sentenced as
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provided in this Chapter V.
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(B) If the defendant has already been sentenced for
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a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
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(1) a final order of deportation has been issued
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against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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(2) the deportation of the defendant would not
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deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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(C) This subsection (l) does not apply to offenders
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who are subject to the provisions of paragraph (2) of subsection (a) of Section 3‑6‑3.
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(D) Upon motion of the State's Attorney, if a
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defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5‑5‑3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3‑6‑6.
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(m) A person convicted of criminal defacement of property under Section
21‑1.3 of the Criminal Code of 1961, in which the property damage exceeds $300
and the property damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a violation of Section
12‑19, 12‑21, or 16‑1.3 of the Criminal Code of 1961 (i) to an impact
incarceration program if the person is otherwise eligible for that program
under Section 5‑8‑1.1, (ii) to community service, or (iii) if the person is an
addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and
Dependency Act, to a substance or alcohol abuse program licensed under that
Act.
(Source: P.A. 93‑44, eff. 7‑1‑03; 93‑156, eff. 1‑1‑04; 93‑169, eff. 7‑10‑03; 93‑301, eff. 1‑1‑04; 93‑419, eff. 1‑1‑04; 93‑546, eff. 1‑1‑04; 93‑694, eff. 7‑9‑04; 93‑782, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑1014, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑5‑3.2) (from Ch. 38, par. 1005‑5‑3.2)
Sec. 5‑5‑3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in favor of
imposing a term of imprisonment or may be considered by the court as reasons
to impose a more severe sentence under Section 5‑8‑1:
(1) the defendant's conduct caused or threatened
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(2) the defendant received compensation for
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(3) the defendant has a history of prior delinquency
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(4) the defendant, by the duties of his office or by
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his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;
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(5) the defendant held public office at the time of
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the offense, and the offense related to the conduct of that office;
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(6) the defendant utilized his professional
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reputation or position in the community to commit the offense, or to afford him an easier means of committing it;
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(7) the sentence is necessary to deter others from
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committing the same crime;
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(8) the defendant committed the offense against a
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person 60 years of age or older or such person's property;
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(9) the defendant committed the offense against a
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person who is physically handicapped or such person's property;
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(10) by reason of another individual's actual or
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perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientation" means heterosexuality, homosexuality, or bisexuality;
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(11) the offense took place in a place of worship or
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on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;
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(12) the defendant was convicted of a felony
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committed while he was released on bail or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5‑8‑1 for a prior felony;
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(13) the defendant committed or attempted to commit a
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felony while he was wearing a bulletproof vest. For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;
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(14) the defendant held a position of trust or
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supervision such as, but not limited to, family member as defined in Section 12‑12 of the Criminal Code of 1961, teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11‑6, 11‑11, 11‑15.1, 11‑19.1, 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961 against that victim;
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(15) the defendant committed an offense related to
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the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act;
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(16) the defendant committed an offense in violation
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of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10‑1, 10‑2, 10‑5, 11‑15.1, 11‑17.1, 11‑18.1, 11‑19.1, 11‑19.2, 12‑2, 12‑4, 12‑4.1, 12‑4.2, 12‑4.3, 12‑6, 12‑6.1, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 18‑2, or 33A‑2 of the Criminal Code of 1961;
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(16.5) the defendant committed an offense in
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violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10‑1, 10‑2, 10‑5, 11‑15.1, 11‑17.1, 11‑18.1, 11‑19.1, 11‑19.2, 12‑2, 12‑4, 12‑4.1, 12‑4.2, 12‑4.3, 12‑6, 12‑6.1, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 18‑2, or 33A‑2 of the Criminal Code of 1961;
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(17) the defendant committed the offense by reason of
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any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2‑3.5 of the Criminal Code of 1961;
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(18) the defendant committed the offense in a nursing
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home or on the real property comprising a nursing home. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act;
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(19) the defendant was a federally licensed firearm
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dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while armed with a firearm;
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(20) the defendant (i) committed the offense of
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reckless homicide under Section 9‑3 of the Criminal Code of 1961 or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code; or
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(21) the defendant (i) committed the offense of
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reckless driving or aggravated reckless driving under Section 11‑503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code.
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For the purposes of this Section:
"School" is defined as a public or private
elementary or secondary school, community college, college, or university.
"Day care center" means a public or private State certified and
licensed day care center as defined in Section 2.09 of the Child Care Act of
1969 that displays a sign in plain view stating that the
property is a day care center.
(b) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5‑8‑2
upon any offender:
(1) When a defendant is convicted of any felony,
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after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
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(2) When a defendant is convicted of any felony and
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the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or
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(3) When a defendant is convicted of voluntary
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manslaughter, second degree murder, involuntary manslaughter or reckless homicide in which the defendant has been convicted of causing the death of more than one individual; or
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(4) When a defendant is convicted of any felony
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(i) a person under 12 years of age at the time of
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the offense or such person's property;
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(ii) a person 60 years of age or older at the
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time of the offense or such person's property; or
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(iii) a person physically handicapped at the time
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of the offense or such person's property; or
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(5) In the case of a defendant convicted of
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aggravated criminal sexual assault or criminal sexual assault, when the court finds that aggravated criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective; or
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(6) When a defendant is convicted of any felony and
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the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:
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(i) the brutalizing or torturing of humans or
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(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
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fraternal, business, governmental, educational, or other building or property; or
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(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
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murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5‑5‑3, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
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(8) When a defendant is convicted of a felony other
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than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or
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(9) When a defendant is convicted of a felony
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violation of Section 24‑1 of the Criminal Code of 1961 and the court finds that the defendant is a member of an organized gang; or
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(10) When a defendant committed the offense using a
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firearm with a laser sight attached to it. For purposes of this paragraph (10), "laser sight" has the meaning ascribed to it in Section 24.6‑5 of the Criminal Code of 1961; or
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(11) When a defendant who was at least 17 years of
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age at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or
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(12) When a defendant commits an offense involving
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the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act, the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act, or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense. In this paragraph (12), "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" means a peace officer, community policing volunteer, fireman, emergency medical technician‑ambulance, emergency medical technician‑intermediate, emergency medical technician‑paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel; or
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(13) When a defendant commits any felony and the
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defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged.
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(b‑1) For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(c) The court may impose an extended term sentence under Section 5‑8‑2
upon any offender who was convicted of aggravated criminal sexual assault
or predatory criminal sexual assault of a child under subsection (a)(1) of
Section 12‑14.1 of
the Criminal Code of 1961
where the victim was under 18 years of age at the time of the commission
of the offense.
(d) The court may impose an extended term sentence under Section 5‑8‑2 upon
any offender who was convicted of unlawful use of weapons under Section 24‑1 of
the Criminal Code of 1961 for possessing a weapon that is not readily
distinguishable as one of the weapons enumerated in Section 24‑1 of the
Criminal Code of 1961.
(Source: P.A. 94‑131, eff. 7‑7‑05; 94‑375, eff. 1‑1‑06; 94‑556, eff. 9‑11‑05; 94‑819, eff. 5‑31‑06.)
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(730 ILCS 5/5‑5‑6) (from Ch. 38, par. 1005‑5‑6)
(Text of Section from P.A. 94‑148)
Sec. 5‑5‑6. In all convictions for offenses in violation of the Criminal
Code of 1961 in which the person received any injury to their person or damage
to their real or personal property as a result of the criminal act of the
defendant, the court shall order restitution as provided in this Section. In
all other cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine whether restitution
is an appropriate sentence to be imposed on each defendant convicted of an
offense. If the court determines that an order directing the offender to make
restitution is appropriate, the offender may be sentenced to make restitution.
If
the offender is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall
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determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out‑of‑pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article V of the Criminal Code of 1961.
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(b) In fixing the amount of restitution to be paid
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in cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out‑of‑pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out‑of‑pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out‑of‑pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering. If a defendant is placed on supervision for, or convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic violence shelter in which the victim and any other family or household members lived because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any other services for the victim and any other family or household members living at the shelter. If a defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of a defendant to the extent necessary to satisfy the order of restitution and dispose of the property by public sale. All proceeds from such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years of age was present and witnessed the domestic battery of the victim, is liable to pay restitution for the cost of any counseling required for the child at the discretion of the court.
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(c) In cases where more than one defendant is
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accountable for the same criminal conduct that results in out‑of‑pocket expenses, losses, damages, or injuries, each defendant shall be ordered to pay restitution in the amount of the total actual out‑of‑pocket expenses, losses, damages, or injuries to the victim proximately caused by the conduct of all of the defendants who are legally accountable for the offense.
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(1) In no event shall the victim be entitled to
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recover restitution in excess of the actual out‑of‑pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants.
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(2) As between the defendants, the court may
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apportion the restitution that is payable in proportion to each co‑defendant's culpability in the commission of the offense.
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(3) In the absence of a specific order
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apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
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(4) As between the defendants, each defendant
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shall be entitled to a pro rata reduction in the total restitution required to be paid to the victim for amounts of restitution actually paid by co‑defendants, and defendants who shall have paid more than their pro rata share shall be entitled to refunds to be computed by the court as additional amounts are paid by co‑defendants.
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(d) In instances where a defendant has more than one
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criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State's Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.
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(e) The court may require the defendant to apply the
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balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
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(f) Taking into consideration the ability of the
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defendant to pay, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
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(g) The court shall, after determining that the
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defendant has the ability to pay, require the defendant to pay for the victim's counseling services if:
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(1) the defendant was convicted of an offense
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under Sections 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961, or was charged with such an offense and the charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section, and
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(2) the victim was under 18 years of age at the
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time the offense was committed and requires counseling as a result of the offense.
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The payments shall be made by the defendant to the
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clerk of the circuit court and transmitted by the clerk to the appropriate person or agency as directed by the court. The order may require such payments to be made for a period not to exceed 5 years after sentencing, not including periods of incarceration.
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(h) The judge may enter an order of withholding to
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collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
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(i) A sentence of restitution may be modified or
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revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender's ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender's ability to pay was based on the offender's willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender's ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during the additional period.
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(j) The procedure upon the filing of a Petition to
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Revoke a sentence to make restitution shall be the same as the procedures set forth in Section 5‑6‑4 of this Code governing violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
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(k) Nothing contained in this Section shall preclude
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the right of any party to proceed in a civil action to recover for any damages incurred due to the criminal misconduct of the defendant.
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(l) Restitution ordered under this Section shall not
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be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
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(m) A restitution order under this Section is a
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judgment lien in favor of the victim that:
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(1) Attaches to the property of the person
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(2) May be perfected in the same manner as
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provided in Part 3 of Article 9 of the Uniform Commercial Code;
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(3) May be enforced to satisfy any payment that
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is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
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(4) Expires in the same manner as a judgment
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lien created in a civil proceeding.
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When a restitution order is issued under this
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Section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
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(n) An order of restitution under this Section does
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not bar a civil action for:
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(1) Damages that the court did not require the
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person to pay to the victim under the restitution order but arise from an injury or property damages that is the basis of restitution ordered by the court; and
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(2) Other damages suffered by the victim.
The restitution order is not discharged by the
completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the
liquidation of a person's estate by a receiver. A restitution order under
this Section may be enforced in the same manner as judgment liens are
enforced under Article XII of the Code of Civil Procedure.
The provisions of Section 2‑1303 of the Code of Civil Procedure,
providing for interest on judgments, apply to judgments for restitution entered
under this Section.
(Source: P.A. 94‑148, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑397)
Sec. 5‑5‑6. In all convictions for offenses in violation of the Criminal
Code of 1961 in which the person received any injury to their person or damage
to their real or personal property as a result of the criminal act of the
defendant, the court shall order restitution as provided in this Section. In
all other cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine whether restitution
is an appropriate sentence to be imposed on each defendant convicted of an
offense. If the court determines that an order directing the offender to make
restitution is appropriate, the offender may be sentenced to make restitution.
The court may consider restitution an appropriate sentence to be imposed on each defendant convicted of an offense in addition to a sentence of imprisonment. The sentence of the defendant to a term of imprisonment is not a mitigating factor that prevents the court from ordering the defendant to pay restitution. If
the offender is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall
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determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out‑of‑pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article V of the Criminal Code of 1961.
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(b) In fixing the amount of restitution to be paid in
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cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out‑of‑pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out‑of‑pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out‑of‑pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering. If a defendant is placed on supervision for, or convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic violence shelter in which the victim and any other family or household members lived because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any other services for the victim and any other family or household members living at the shelter. If a defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of a defendant to the extent necessary to satisfy the order of restitution and dispose of the property by public sale. All proceeds from such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years of age who is the child of the offender or of the victim was present and witnessed the domestic battery of the victim, is liable to pay restitution for the cost of any counseling required for the child at the discretion of the court.
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(c) In cases where more than one defendant is
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accountable for the same criminal conduct that results in out‑of‑pocket expenses, losses, damages, or injuries, each defendant shall be ordered to pay restitution in the amount of the total actual out‑of‑pocket expenses, losses, damages, or injuries to the victim proximately caused by the conduct of all of the defendants who are legally accountable for the offense.
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(1) In no event shall the victim be entitled to
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recover restitution in excess of the actual out‑of‑pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants.
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(2) As between the defendants, the court may
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apportion the restitution that is payable in proportion to each co‑defendant's culpability in the commission of the offense.
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(3) In the absence of a specific order
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apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
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(4) As between the defendants, each defendant
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shall be entitled to a pro rata reduction in the total restitution required to be paid to the victim for amounts of restitution actually paid by co‑defendants, and defendants who shall have paid more than their pro rata share shall be entitled to refunds to be computed by the court as additional amounts are paid by co‑defendants.
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(d) In instances where a defendant has more than one
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criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State's Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.
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(e) The court may require the defendant to apply the
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balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
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(f) Taking into consideration the ability of the
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defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years or the period of time specified in subsection (f‑1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
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(f‑1)(1) In addition to any other penalty prescribed
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by law and any restitution ordered under this Section that did not include long‑term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim in accordance with the provisions of this subsection (f‑1) if the victim has suffered physical injury as a result of the offense that is reasonably probable to require or has required long‑term physical health care for more than 3 months. As used in this subsection (f‑1) "long‑term physical health care" includes mental health care.
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(2) The victim's estimate of long‑term physical
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health care costs may be made as part of a victim impact statement under Section 6 of the Rights of Crime Victims and Witnesses Act or made separately. The court shall enter the long‑term physical health care restitution order at the time of sentencing. An order of restitution made under this subsection (f‑1) shall fix a monthly amount to be paid by the defendant for as long as long‑term physical health care of the victim is required as a result of the offense. The order may exceed the length of any sentence imposed upon the defendant for the criminal activity. The court shall include as a special finding in the judgment of conviction its determination of the monthly cost of long‑term physical health care.
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(3) After a sentencing order has been entered, the
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court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, enter an order for restitution for long‑term physical care or modify the existing order for restitution for long‑term physical care as to the amount of monthly payments. Any modification of the order shall be based only upon a substantial change of circumstances relating to the cost of long‑term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
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(g) In addition to the sentences provided for in
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Sections 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15, and 12‑16 of the Criminal Code of 1961, the court may order any person who is convicted of violating any of those Sections or who was charged with any of those offenses and which charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section to meet all or any portion of the financial obligations of treatment, including but not limited to medical, psychiatric, or rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the offense.
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The payments shall be made by the defendant to the
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clerk of the circuit court and transmitted by the clerk to the appropriate person or agency as directed by the court. Except as otherwise provided in subsection (f‑1), the order may require such payments to be made for a period not to exceed 5 years after sentencing, not including periods of incarceration.
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(h) The judge may enter an order of withholding to
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collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
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(i) A sentence of restitution may be modified or
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revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender's ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender's ability to pay was based on the offender's willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender's ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during the additional period.
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(j) The procedure upon the filing of a Petition to
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Revoke a sentence to make restitution shall be the same as the procedures set forth in Section 5‑6‑4 of this Code governing violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
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(k) Nothing contained in this Section shall preclude
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the right of any party to proceed in a civil action to recover for any damages incurred due to the criminal misconduct of the defendant.
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(l) Restitution ordered under this Section shall not
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be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
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(m) A restitution order under this Section is a
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judgment lien in favor of the victim that:
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(1) Attaches to the property of the person
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(2) May be perfected in the same manner as
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provided in Part 3 of Article 9 of the Uniform Commercial Code;
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(3) May be enforced to satisfy any payment that
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is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
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(4) Expires in the same manner as a judgment lien
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created in a civil proceeding.
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When a restitution order is issued under this
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Section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
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(n) An order of restitution under this Section does
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not bar a civil action for:
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(1) Damages that the court did not require the
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person to pay to the victim under the restitution order but arise from an injury or property damages that is the basis of restitution ordered by the court; and
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(2) Other damages suffered by the victim.
The restitution order is not discharged by the
completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the
liquidation of a person's estate by a receiver. A restitution order under
this Section may be enforced in the same manner as judgment liens are
enforced under Article XII of the Code of Civil Procedure.
The provisions of Section 2‑1303 of the Code of Civil Procedure,
providing for interest on judgments, apply to judgments for restitution entered
under this Section.
(Source: P.A. 94‑397, eff. 1‑1‑06.)
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