(730 ILCS 5/5‑8‑1) (from Ch. 38, par. 1005‑8‑1)
Sec. 5‑8‑1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining the offense, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, according to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and
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not more than 60 years, or
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(b) if a trier of fact finds beyond a reasonable
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doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9‑1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or
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(c) the court shall sentence the defendant to a
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term of natural life imprisonment when the death penalty is not imposed if the defendant,
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(i) has previously been convicted of first
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degree murder under any state or federal law, or
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(ii) is a person who, at the time of the
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commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age; or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of murdering more than one victim, or
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(iii) is found guilty of murdering a peace
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officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
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(iv) is found guilty of murdering an
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employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
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(v) is found guilty of murdering an
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emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistant or first aid personnel, or
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(vi) is a person who, at the time of the
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commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or
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(vii) is found guilty of first degree murder
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and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2‑3.5 of the Criminal Code of 1961.
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For purposes of clause (v), "emergency medical
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technician ‑ ambulance", "emergency medical technician ‑ intermediate", "emergency medical technician ‑ paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
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(d) (i) if the person committed the offense
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while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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(ii) if, during the commission of the
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offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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(iii) if, during the commission of the
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offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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(1.5) for second degree murder, a term shall be not
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less than 4 years and not more than 20 years;
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(2) for a person adjudged a habitual criminal under
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Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment;
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(2.5) for a person convicted under the circumstances
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described in paragraph (3) of subsection (b) of Section 12‑13, paragraph (2) of subsection (d) of Section 12‑14, paragraph (1.2) of subsection (b) of Section 12‑14.1, or paragraph (2) of subsection (b) of Section 12‑14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment;
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(3) except as otherwise provided in the statute
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defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years;
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(4) for a Class 1 felony, other than second degree
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murder, the sentence shall be not less than 4 years and not more than 15 years;
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(5) for a Class 2 felony, the sentence shall be not
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less than 3 years and not more than 7 years;
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(6) for a Class 3 felony, the sentence shall be not
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less than 2 years and not more than 5 years;
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(7) for a Class 4 felony, the sentence shall be not
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less than 1 year and not more than 3 years.
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(b) The sentencing judge in each felony conviction shall set forth
his reasons for imposing the particular sentence he enters in the case,
as provided in Section 5‑4‑1 of this Code. Those reasons may include
any mitigating or aggravating factors specified in this Code, or the
lack of any such circumstances, as well as any other such factors as the
judge shall set forth on the record that are consistent with the
purposes and principles of sentencing set out in this Code.
(c) A motion to reduce a sentence may be made, or the court may reduce
a sentence without motion, within 30 days after the sentence is imposed.
A defendant's challenge to the correctness of a sentence or to any aspect of
the sentencing hearing shall be made by a written motion filed within 30 days
following the imposition of sentence. However, the court may not increase a
sentence once it is imposed.
If a motion filed pursuant to this subsection is timely filed within 30 days
after the sentence is imposed, the proponent of the motion shall exercise due
diligence in seeking a determination on the motion and the court shall
thereafter decide such motion within a reasonable time.
If a motion filed pursuant to this subsection is timely filed within 30 days
after the sentence is imposed, then for purposes of perfecting an appeal, a
final judgment shall not be considered to have been entered until the motion to
reduce a sentence has been decided by order entered by the trial court.
A motion filed pursuant to this subsection shall not be considered to have
been timely
filed unless it is filed with the circuit court clerk within 30 days after
the sentence is imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date certain within
a reasonable time after the date of filing.
(d) Except where a term of natural life is imposed, every sentence
shall include as though written therein a term in addition to the term
of imprisonment. For those sentenced under the law in effect prior to
February 1, 1978, such term shall be identified as a parole
term. For those sentenced on or after February 1, 1978, such term
shall be identified as a mandatory supervised release term. Subject to
earlier termination under Section 3‑3‑8, the parole or mandatory
supervised release term shall be as follows:
(1) for first degree murder or a Class X felony
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except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly, 3 years;
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(2) for a Class 1 felony or a Class 2 felony except
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for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly, 2 years;
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(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of
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predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
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(5) if the victim is under 18 years of age, for a
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second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code.
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(e) A defendant who has a previous and unexpired sentence of
imprisonment imposed by another state or by any district court of the
United States and who, after sentence for a
crime in Illinois, must return to serve the unexpired prior sentence may
have his sentence by the Illinois court ordered to be concurrent with
the prior sentence in the other state. The court may order that any time
served on the unexpired portion of the sentence in the other state,
prior to his return to Illinois, shall be credited on his Illinois
sentence. The other state shall be furnished with a copy of the order
imposing sentence which shall provide that, when the offender is
released from confinement of the other state, whether by parole or by
termination of sentence, the offender shall be transferred by the
Sheriff of the committing county to the Illinois Department of
Corrections. The court shall cause the Department of Corrections to be
notified of such sentence at the time of commitment and to be provided
with copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired sentence of imprisonment
imposed by an Illinois circuit court for a crime in this State and who is
subsequently sentenced to a term of imprisonment by another state or by
any district court of the United States and who has served a term of
imprisonment imposed by the other state or district court of the United
States, and must return to serve the unexpired prior sentence imposed by
the Illinois Circuit Court may apply to the court which imposed sentence to
have his sentence reduced.
The circuit court may order that any time served on the sentence imposed
by the other state or district court of the United States be credited on
his Illinois sentence. Such application for reduction of a sentence under
this subsection (f) shall be made within 30 days after the defendant has
completed the sentence imposed by the other state or district court of the
United States.
(Source: P.A. 94‑165, eff. 7‑11‑05; 94‑243, eff. 1‑1‑06; 94‑715, eff. 12‑13‑05.)
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(730 ILCS 5/5‑8‑1.1) (from Ch. 38, par. 1005‑8‑1.1)
Sec. 5‑8‑1.1.
Impact incarceration.
(a) The Department may establish
and operate an impact incarceration
program for eligible offenders. If the court finds under
Section 5‑4‑1 that
an offender sentenced to a term of imprisonment for a felony may meet the
eligibility requirements of the Department, the court may in its
sentencing order
approve the offender for placement in the impact incarceration program
conditioned upon his acceptance in the program by the Department.
Notwithstanding the sentencing provisions of this Code, the sentencing
order also shall provide that if the Department accepts the offender in the
program and determines that the offender has successfully completed the
impact incarceration program, the sentence shall be reduced to time
considered served upon certification to the court by the Department that
the offender has successfully completed the program. In the event the
offender is not accepted for placement in the impact incarceration program
or the offender does not successfully complete the program,
his term of imprisonment shall be as set forth by the court in its sentencing
order.
(b) In order to be eligible to participate in the impact incarceration
program, the committed person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age |
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nor more than 35 years of age.
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(2) The person has not previously participated in
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the impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
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(3) The person has not been convicted of a Class X
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felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, residential arson, place of worship arson, or arson and has not been convicted previously of any of those offenses.
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(4) The person has been sentenced to a term of
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imprisonment of 8 years or less.
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(5) The person must be physically able to
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participate in strenuous physical activities or labor.
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(6) The person must not have any mental disorder or
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disability that would prevent participation in the impact incarceration program.
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(7) The person has consented in writing to
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participation in the impact incarceration program and to the terms and conditions thereof.
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(8) The person was recommended and approved for
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placement in the impact incarceration program in the court's sentencing order.
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The Department may also consider, among other matters, whether the
committed person has any outstanding detainers or warrants, whether the
committed person has a history of escaping or absconding, whether
participation in the impact incarceration program may pose a risk to the
safety or security of any person and whether space is available.
(c) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention
of property and publications and access to television, radio and a library
may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact incarceration program
shall adhere to all Department rules and all requirements of the program.
Committed persons shall be informed of rules of behavior and conduct.
Disciplinary procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department seeks to revoke good time.
(f) Participation in the impact incarceration program shall be for a
period of 120 to 180 days. The period of time a committed person shall
serve in the impact incarceration program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory supervised
release as set forth in subsection (d) of Section 5‑8‑1.
(h) A committed person may be removed from the program for a violation
of the terms or conditions of the program or in the event he is for any
reason unable to participate. The Department shall promulgate rules and
regulations governing conduct which could result in removal from the
program or in a determination that the committed person has not
successfully completed the program. Committed persons shall have access to
such rules, which shall provide that a committed person shall receive
notice and have the opportunity to appear before and address one or more
hearing officers. A committed person may be transferred to any of the
Department's facilities prior to the hearing.
(i) The Department may terminate the impact incarceration program at any
time.
(j) The Department shall report to the Governor and the General Assembly
on or before September 30th of each year on the impact incarceration
program, including the composition of the program by the offenders, by
county of commitment, sentence, age, offense and race.
(k) The Department of Corrections shall consider the affirmative
action plan approved by the Department of Human Rights in hiring staff at
the impact incarceration facilities. The Department shall report to the
Director of Human Rights on or before April 1 of the year on the sex, race
and national origin of persons employed at each impact incarceration facility.
(Source: P.A. 93‑169, eff. 7‑10‑03.)
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(730 ILCS 5/5‑8‑1.2)
Sec. 5‑8‑1.2.
County impact incarceration.
(a) Legislative intent. It is the finding of the General Assembly that
certain non‑violent offenders eligible for sentences of incarceration may
benefit from the rehabilitative aspects of a county impact incarceration
program. It is the intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not be construed
to allow violent offenders to participate in a county impact incarceration
program.
(b) Under the direction of the Sheriff and with the approval of the County
Board of Commissioners, the Sheriff, in any county with more than 3,000,000
inhabitants, may establish and operate a county impact incarceration program
for eligible offenders. If the court finds under Section 5‑4‑1 that an
offender convicted of a felony meets the eligibility requirements of the
Sheriff's county impact incarceration program, the court may sentence the
offender to the county impact incarceration program. The Sheriff shall be
responsible for monitoring all offenders who are sentenced to the county impact
incarceration program, including the mandatory period of monitored release
following the 120 to 180 days of impact incarceration.
Offenders assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the Illinois Department of
Corrections are exempt from the provisions of this mandatory period of
monitored
release.
In the event the
offender is not accepted for placement in the county impact incarceration
program, the court shall proceed to sentence the offender to any other
disposition authorized by this Code.
If the offender does not successfully
complete the program, the offender's failure to do so shall constitute a
violation of the sentence to the county impact incarceration program.
(c) In order to be eligible to be sentenced to a county impact incarceration
program by the court, the person shall meet all of the following requirements:
(1) the person must be not less than 17 years of age |
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nor more than 35 years of age;
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(2) The person has not previously participated in
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the impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility;
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(3) The person has not been convicted of a Class X
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felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson and has not been convicted previously of any of those offenses.
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(4) The person has been found in violation of
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probation for an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2‑8 of the Criminal Code of 1961 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who otherwise could be sentenced to a term of incarceration; or the person is convicted of an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2‑8 of the Criminal Code of 1961 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who has previously served a sentence of probation for any felony offense and who otherwise could be sentenced to a term of incarceration.
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(5) The person must be physically able to
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participate in strenuous physical activities or labor.
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(6) The person must not have any mental disorder or
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disability that would prevent participation in a county impact incarceration program.
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(7) The person was recommended and approved for
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placement in the county impact incarceration program by the Sheriff and consented in writing to participation in the county impact incarceration program and to the terms and conditions of the program. The Sheriff may consider, among other matters, whether the person has any outstanding detainers or warrants, whether the person has a history of escaping or absconding, whether participation in the county impact incarceration program may pose a risk to the safety or security of any person and whether space is available.
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(c) The county impact incarceration program shall include, among other
matters, mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention of
property and publications and access to television, radio, and a library may be
suspended or restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements for the program.
Persons shall be informed of rules of behavior and conduct. Persons
participating in the county impact incarceration program shall adhere to all
rules and all requirements of the program.
(f) Participation in the county impact incarceration program shall be for a
period of 120 to 180 days followed by a mandatory term of monitored release
for at least 8 months and no more than 12 months supervised by the Sheriff.
The period of time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The court may also
sentence the person to a period of probation to commence at the successful
completion of the county impact incarceration program.
(g) If the person successfully completes the county impact incarceration
program, the Sheriff shall certify the person's successful completion of the
program to the court and to the county's State's Attorney. Upon successful
completion of the county impact incarceration program and mandatory
term of monitored release and if there is an additional period of probation
given, the person shall at that time begin his or her probationary sentence
under the supervision of the Adult Probation Department.
(h) A person may be removed from the county impact incarceration program for
a violation of the terms or
conditions of the program or in the event he or she is for any reason unable to
participate. The failure to complete the program for any reason, including the
8 to 12 month monitored release period, shall be deemed a violation of the
county impact incarceration sentence. The Sheriff shall give notice to the
State's Attorney of the person's failure to complete the program. The Sheriff
shall file a petition for violation of the county impact incarceration sentence
with the court and the State's Attorney may proceed on the petition under
Section 5‑6‑4 of this Code. The Sheriff shall promulgate rules and regulations
governing conduct which could result in removal from the program or in a
determination that the person has not successfully completed the program.
The mandatory conditions of every county impact incarceration sentence
shall
include that the person either while in the program or during the period of
monitored release:
(1) not violate any criminal statute of any
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(2) report or appear in person before any such
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person or agency as directed by the court or the Sheriff;
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(3) refrain from possessing a firearm or other
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(4) not leave the State without the consent of the
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court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the Sheriff; and
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(5) permit representatives of the Sheriff to visit
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at the person's home or elsewhere to the extent necessary for the Sheriff to monitor compliance with the program. Persons shall have access to such rules, which shall provide that a person shall receive notice of any such violation.
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(i) The Sheriff may terminate the county impact incarceration program at
any time.
(j) The Sheriff shall report to the county board on or before September
30th of each year on the county impact incarceration program, including the
composition of the program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 89‑587, eff. 7‑31‑96.)
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(730 ILCS 5/5‑8‑1.3)
Sec. 5‑8‑1.3.
Pilot residential and transition treatment program for
women.
(a) The General Assembly recognizes:
(1) that drug‑offending women with children who have |
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been in and out of the criminal justice system for years are a serious problem;
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(2) that the intergenerational cycle of women
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continuously being part of the criminal justice system needs to be broken;
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(3) that the effects of drug offending women with
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children disrupts family harmony and creates an atmosphere that is not conducive to healthy childhood development;
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(4) that there is a need for an effective
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residential community supervision model to provide help to women to become drug free, recover from trauma, focus on healthy mother‑child relationships, and establish economic independence and long‑term support;
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(5) that certain non‑violent women offenders with
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children eligible for sentences of incarceration, may benefit from the rehabilitative aspects of gender responsive treatment programs and services. This Section shall not be construed to allow violent offenders to participate in a treatment program.
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(b) Under the direction of the sheriff and with the approval of
the county board of commissioners, the sheriff, in any county with more
than 3,000,000 inhabitants, may operate a residential and
transition treatment program for women established by the Illinois Department
of Corrections if funding has been provided by federal, local or private
entities. If the court finds during the
sentencing hearing conducted under Section 5‑4‑1 that a woman convicted
of a felony meets the eligibility requirements of the sheriff's
residential and transition treatment program for women, the court may
refer the offender to the sheriff's residential and transition
treatment program for women for consideration as a participant as an
alternative to incarceration in the penitentiary. The sheriff shall be
responsible for supervising all women who are placed in the residential
and transition treatment program for women for the 12‑month period. In
the event that the woman is not accepted for placement in the sheriff's
residential and transition treatment program for women, the court shall
proceed to sentence the woman to any other disposition authorized by
this Code. If the woman does not successfully complete the residential
and transition treatment program for women, the woman's failure to do
so shall constitute a violation of the sentence to the residential and
transition treatment program for women.
(c) In order to be eligible to be a participant in the pilot
residential and transition treatment program for women, the participant
shall meet all of the following conditions:
(1) The woman has not been convicted of a violent
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crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, a Class X felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson and has not been previously convicted of any of those offenses.
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(2) The woman must undergo an initial assessment
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evaluation to determine the treatment and program plan.
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(3) The woman was recommended and accepted for
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placement in the pilot residential and transition treatment program for women by the Department of Corrections and has consented in writing to participation in the program under the terms and conditions of the program. The Department of Corrections may consider whether space is available.
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(d) The program may include a substance abuse treatment program
designed for women offenders, mental health, trauma, and medical
treatment; parenting skills and family relationship counseling, preparation for
a GED or vocational certificate; life skills program; job readiness and job
skill training, and a community transition development plan.
(e) With the approval of the Department of Corrections, the sheriff shall
issue requirements for the program and
inform the participants who shall sign an agreement to adhere to all
rules and all requirements for the pilot residential and transition
treatment program.
(f) Participation in the pilot residential and transition
treatment program for women shall be for a period not to exceed 12
months. The period may not be reduced by accumulation of good time.
(g) If the woman successfully completes the pilot residential
and transition treatment program for women, the sheriff shall notify
the Department of Corrections, the court, and
the State's
Attorney of the county of the woman's successful completion.
(h) A woman may be removed from the pilot residential and
transition treatment program for women for violation of the terms and
conditions of the program or in the event she is unable to participate.
The failure to complete the program shall be deemed a violation of the
conditions of the program. The sheriff shall give notice to the Department of
Corrections, the court, and the
State's Attorney of the woman's failure to complete the program.
The
Department of Corrections or its designee shall file a petition alleging that
the woman has violated the
conditions of the program with the court. The State's Attorney may
proceed on the petition under Section 5‑4‑1 of this Code.
(i) The conditions of the pilot residential and transition
treatment program for women shall include that the woman while in the
program:
(1) Not violate any criminal statute of any
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(2) Report or appear in person before any person or
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agency as directed by the court, the sheriff, or Department of Corrections;
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(3) Refrain from possessing a firearm or other
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(4) Consent to drug testing;
(5) Not leave the State without the consent of the
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court or, in circumstances in which reason for the absence is of such an emergency nature that prior consent by the court is not possible, without prior notification and approval of the Department of Corrections;
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(6) Upon placement in the program, must agree to
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follow all requirements of the program;
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(j) The Department of Corrections or the sheriff may terminate the program
at any time by mutual agreement or with 30 days prior written notice by either
the Department of Corrections or the sheriff.
(k) The Department of Corrections may enter into a joint contract with a
county with more than 3,000,000 inhabitants to establish and operate a pilot
residential and treatment program for women.
(l) The Director
of the Department of Corrections shall have the authority to develop rules to
establish and operate a pilot residential and treatment program for women that
shall include criteria for selection of the participants of the program in
conjunction and approval by the sentencing court. Violent crime offenders are
not eligible to participate in the program.
(m) The Department shall report to the Governor and the General Assembly
before September 30th of each year on the pilot residential and treatment
program for women, including the composition of the program by offenders,
sentence, age, offense, and race.
(n) The Department of Corrections or the sheriff may terminate the program
with
30 days prior written notice.
(o) A county with more than 3,000,000 inhabitants is authorized to apply
for
funding from federal, local or private entities to create a Residential and
Treatment Program for
Women. This sentencing option may not go into effect until the funding is
secured for the program and the program has been established.
(Source: P.A. 92‑806, eff. 1‑1‑03.)
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(730 ILCS 5/5‑8‑4) (from Ch. 38, par. 1005‑8‑4)
Sec. 5‑8‑4. Concurrent and Consecutive Terms of Imprisonment.
(a) When multiple sentences of imprisonment are imposed on a
defendant at the same time, or when a term of imprisonment is
imposed on a defendant who is already subject to sentence in
this State or in another state, or for a sentence imposed by
any district court of the United States, the sentences shall
run concurrently or consecutively as determined by the court.
When a term of imprisonment is imposed on a defendant by an Illinois circuit
court and the defendant is subsequently sentenced to a term of imprisonment
by another state or by a district court of the United States, the Illinois
circuit court which imposed the sentence may order that the Illinois sentence
be made concurrent with the sentence imposed by the other state or district
court of the United States. The defendant must apply to the circuit court
within 30 days after the defendant's sentence imposed by the other state
or district of the United States is finalized.
The court shall impose consecutive sentences if:
(i) one of the offenses for which defendant was
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convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury, or
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(ii) the defendant was convicted of a violation of
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Section 12‑13, 12‑14, or 12‑14.1 of the Criminal Code of 1961, or
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(iii) the defendant was convicted of armed violence
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based upon the predicate offense of solicitation of murder, solicitation of murder for hire, heinous battery, aggravated battery of a senior citizen, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act, cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act, controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act, a violation of the Methamphetamine Control and Community Protection Act, calculated criminal drug conspiracy, or streetgang criminal drug conspiracy, or
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(iv) the defendant was convicted of the offense of
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leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11‑401 and either: (A) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under Section 11‑501 of the Illinois Vehicle Code, or (B) reckless homicide under Section 9‑3 of the Criminal Code of 1961, or both an offense described in subdivision (A) and an offense described in subdivision (B), or
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(v) the defendant was convicted of a violation of
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Section 9‑3.1 (concealment of homicidal death) or Section 12‑20.5 (dismembering a human body) of the Criminal Code of 1961,
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in which event the
court shall enter sentences to run consecutively. Sentences shall
run concurrently unless otherwise specified by the court.
(b) Except in cases where consecutive sentences are mandated, the court
shall impose concurrent sentences unless,
having regard to the nature and circumstances of the offense
and the history and character of the defendant, it is of the
opinion that consecutive sentences are required to
protect the public
from further criminal conduct by the defendant, the basis for
which the court shall set forth in the record.
(c) (1) For sentences imposed under law in effect prior
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to February 1, 1978 the aggregate maximum of consecutive sentences shall not exceed the maximum term authorized under Section 5‑8‑1 for the 2 most serious felonies involved. The aggregate minimum period of consecutive sentences shall not exceed the highest minimum term authorized under Section 5‑8‑1 for the 2 most serious felonies involved. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
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(2) For sentences imposed under the law in effect on
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or after February 1, 1978, the aggregate of consecutive sentences for offenses that were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective shall not exceed the sum of the maximum terms authorized under Section 5‑8‑2 for the 2 most serious felonies involved, but no such limitation shall apply for offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
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(d) An offender serving a sentence for a misdemeanor who is
convicted of a felony and sentenced to imprisonment shall be
transferred to the Department of Corrections, and the
misdemeanor sentence shall be merged in and run concurrently
with the felony sentence.
(e) In determining the manner in which consecutive sentences
of imprisonment, one or more of which is for a felony, will be
served, the Department of Corrections shall treat the offender
as though he had been committed for a single term with the
following incidents:
(1) the maximum period of a term of imprisonment
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shall consist of the aggregate of the maximums of the imposed indeterminate terms, if any, plus the aggregate of the imposed determinate sentences for felonies plus the aggregate of the imposed determinate sentences for misdemeanors subject to paragraph (c) of this Section;
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(2) the parole or mandatory supervised release term
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shall be as provided in paragraph (e) of Section 5‑8‑1 of this Code for the most serious of the offenses involved;
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(3) the minimum period of imprisonment shall be the
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aggregate of the minimum and determinate periods of imprisonment imposed by the court, subject to paragraph (c) of this Section; and
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(4) the offender shall be awarded credit against the
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aggregate maximum term and the aggregate minimum term of imprisonment for all time served in an institution since the commission of the offense or offenses and as a consequence thereof at the rate specified in Section 3‑6‑3 of this Code.
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(f) A sentence of an offender committed to the Department of
Corrections at the time of the commission of the offense shall be served
consecutive to the sentence under which he is held by the Department of
Corrections. However, in case such offender shall be sentenced to
punishment by death, the sentence shall be executed at such time as the
court may fix without regard to the sentence under which such offender
may be held by the Department.
(g) A sentence under Section 3‑6‑4 for escape or attempted escape
shall be served consecutive to the terms under which the offender is
held by the Department of Corrections.
(h) If a person charged with a felony commits a separate felony while
on pre‑trial release or in pretrial detention in a county jail facility
or county detention facility, the sentences imposed upon conviction of these
felonies shall be served consecutively regardless of the order in which the
judgments of conviction are entered.
(i) If a person admitted to bail following conviction of a felony
commits a separate felony while free on bond or if a person detained in a
county jail facility or county detention facility following conviction of a
felony commits a separate felony while in detention, any sentence following
conviction of the separate felony shall be consecutive to that of the
original sentence for which the defendant was on bond or detained.
(Source: P.A. 93‑160, eff. 7‑10‑03; 93‑768, eff. 7‑20‑04; 94‑556, eff. 9‑11‑05.)
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