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2010 Illinois Code
CHAPTER 730 CORRECTIONS
730 ILCS 5/ Unified Code of Corrections.
Article 4.5 - General Sentencing Provisions


 
    (730 ILCS 5/Ch. V. Art. 4.5 heading)
ARTICLE 4.5.
GENERAL SENTENCING PROVISIONS
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑5)
    Sec. 5‑4.5‑5. STANDARD SENTENCING. Except as specifically provided elsewhere, this Article governs sentencing for offenses.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑10)
    Sec. 5‑4.5‑10. OFFENSE CLASSIFICATIONS.
    (a) FELONY CLASSIFICATIONS. Felonies are classified, for
     the purpose of sentencing, as follows:
        (1) First degree murder (as a separate class of
     felony).
        (2) Class X felonies.
        (3) Class 1 felonies.
        (4) Class 2 felonies.
        (5) Class 3 felonies.
        (6) Class 4 felonies.
    (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are
     classified, for the purpose of sentencing, as follows:
        (1) Class A misdemeanors.
        (2) Class B misdemeanors.
        (3) Class C misdemeanors.
    (c) PETTY AND BUSINESS OFFENSES. Petty offenses and
     business offenses are not classified.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑15)
    Sec. 5‑4.5‑15. DISPOSITIONS.
    (a) APPROPRIATE DISPOSITIONS. The following are appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than as provided in Section 5‑5‑3 (730 ILCS 5/5‑5‑3) or as specifically provided in the statute defining the offense or elsewhere:
        (1) A period of probation.
        (2) A term of periodic imprisonment.
        (3) A term of conditional discharge.
        (4) A term of imprisonment.
        (5) A fine.
        (6) Restitution to the victim.
        (7) Participation in an impact incarceration program.
        (8) A term of imprisonment in combination with a term
    of probation when the offender has been admitted into a drug court program.
        (9) If the defendant is convicted of arson,
    aggravated arson, residential arson, or place of worship arson, an order directing the offender to reimburse the local emergency response department for the costs of responding to the fire that the offender was convicted of setting in accordance with the Emergency Services Response Reimbursement for Criminal Convictions Act.
    (b) FINE; RESTITUTION; NOT SOLE DISPOSITION. 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) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
    term of natural life is imposed, every sentence includes a term in addition to the term of imprisonment. For those sentenced under the law in effect before February 1, 1978, that term is a parole term. For those sentenced on or after February 1, 1978, that term is a mandatory supervised release term.
(Source: P.A. 95‑1052, eff. 7‑1‑09; incorporates P.A. 96‑400, eff. 8‑13‑09; 96‑1000, eff. 7‑2‑10.)

    (730 ILCS 5/5‑4.5‑20)
    Sec. 5‑4.5‑20. FIRST DEGREE MURDER; SENTENCE. For first degree murder:
    (a) TERM. The defendant shall be sentenced to imprisonment or, if appropriate, death under Section 9‑1 of the Criminal Code of 1961 (720 ILCS 5/9‑1). Imprisonment shall be for a determinate term of (1) not less than 20 years and not more than 60 years; (2) not less than 60 years and not more than 100 years when an extended term is imposed under Section 5‑8‑2 (730 ILCS 5/5‑8‑2); or (3) natural life as provided in Section 5‑8‑1 (730 ILCS 5/5‑8‑1).
    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.
    (c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.
    (d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.
    (e) FINE. Fines may be imposed as provided in Section 5‑4.5‑50(b) (730 ILCS 5/5‑4.5‑50(b)).
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4) and Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50).
    (h) DRUG COURT. Drug court is not an authorized disposition.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning no credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See Section 3‑6‑3 (730 ILCS 5/3‑6‑3) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. Electronic home detention is not an authorized disposition, except in limited circumstances as provided in Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3).
    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3‑3‑8 (730 ILCS 5/3‑3‑8), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑25)
    Sec. 5‑4.5‑25. CLASS X FELONIES; SENTENCE. For a Class X felony:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 6 years and not more than 30 years. The sentence of imprisonment for an extended term Class X felony, as provided in Section 5‑8‑2 (730 ILCS 5/5‑8‑2), shall be not less than 30 years and not more than 60 years.
    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.
    (c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.
    (d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.
    (e) FINE. Fines may be imposed as provided in Section 5‑4.5‑50(b) (730 ILCS 5/5‑4.5‑50(b)).
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4) and Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning no credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See Section 3‑6‑3 (730 ILCS 5/3‑6‑3) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3‑3‑8 or 5‑8‑1 (730 ILCS 5/3‑3‑8 or 5/5‑8‑1), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑30)
    Sec. 5‑4.5‑30. CLASS 1 FELONIES; SENTENCE. For a Class 1 felony:
    (a) TERM. The sentence of imprisonment, other than for second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years. The sentence of imprisonment for second degree murder shall be a determinate sentence of not less than 4 years and not more than 20 years. The sentence of imprisonment for an extended term Class 1 felony, as provided in Section 5‑8‑2 (730 ILCS 5/5‑8‑2), shall be a term not less than 15 years and not more than 30 years.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 3 to 4 years, except as otherwise provided in Section 5‑5‑3 or 5‑7‑1 (730 ILCS 5/5‑5‑3 or 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Sections 5‑8‑1.1 and 5‑8‑1.2 (730 ILCS 5/5‑8‑1.1 and 5/5‑8‑1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑5‑3 or 5‑6‑2 (730 ILCS 5/5‑5‑3 or 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3). In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he or she was serving a term of probation or conditional discharge for a felony.
    (e) FINE. Fines may be imposed as provided in Section 5‑4.5‑50(b) (730 ILCS 5/5‑4.5‑50(b)).
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4) and Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See Section 3‑6‑3 of this Code (730 ILCS 5/3‑6‑3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3‑3‑8 or 5‑8‑1 (730 ILCS 5/3‑3‑8 or 5/5‑8‑1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑35)
    Sec. 5‑4.5‑35. CLASS 2 FELONIES; SENTENCE. For a Class 2 felony:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. The sentence of imprisonment for an extended term Class 2 felony, as provided in Section 5‑8‑2 (730 ILCS 5/5‑8‑2), shall be a term not less than 7 years and not more than 14 years.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 18 to 30 months, except as otherwise provided in Section 5‑5‑3 or 5‑7‑1 (730 ILCS 5/5‑5‑3 or 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Sections 5‑8‑1.1 and 5‑8‑1.2 (730 ILCS 5/5‑8‑1.1 and 5/5‑8‑1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑5‑3 or 5‑6‑2 (730 ILCS 5/5‑5‑3 or 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (e) FINE. Fines may be imposed as provided in Section 5‑4.5‑50(b) (730 ILCS 5/5‑4.5‑50(b)).
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4) and Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See Section 3‑6‑3 of this Code (730 ILCS 5/3‑6‑3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3‑3‑8 or 5‑8‑1 (730 ILCS 5/3‑3‑8 or 5/5‑8‑1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑40)
    Sec. 5‑4.5‑40. CLASS 3 FELONIES; SENTENCE. For a Class 3 felony:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as provided in Section 5‑8‑2 (730 ILCS 5/5‑8‑2), shall be a term not less than 5 years and not more than 10 years.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5‑5‑3 or 5‑7‑1 (730 ILCS 5/5‑5‑3 or 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Sections 5‑8‑1.1 and 5‑8‑1.2 (730 ILCS 5/5‑8‑1.1 and 5/5‑8‑1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑5‑3 or 5‑6‑2 (730 ILCS 5/5‑5‑3 or 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (e) FINE. Fines may be imposed as provided in Section 5‑4.5‑50(b) (730 ILCS 5/5‑4.5‑50(b)).
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4) and Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See Section 3‑6‑3 of this Code (730 ILCS 5/3‑6‑3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3‑3‑8 or 5‑8‑1 (730 ILCS 5/3‑3‑8 or 5/5‑8‑1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑45)
    Sec. 5‑4.5‑45. CLASS 4 FELONIES; SENTENCE. For a Class 4 felony:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. The sentence of imprisonment for an extended term Class 4 felony, as provided in Section 5‑8‑2 (730 ILCS 5/5‑8‑2), shall be a term not less than 3 years and not more than 6 years.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5‑5‑3 or 5‑7‑1 (730 ILCS 5/5‑5‑3 or 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Sections 5‑8‑1.1 and 5‑8‑1.2 (730 ILCS 5/5‑8‑1.1 and 5/5‑8‑1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑5‑3 or 5‑6‑2 (730 ILCS 5/5‑5‑3 or 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (e) FINE. Fines may be imposed as provided in Section 5‑4.5‑50(b) (730 ILCS 5/5‑4.5‑50(b)).
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4) and Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See Section 3‑6‑3 of this Code (730 ILCS 5/3‑6‑3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3‑3‑8 or 5‑8‑1 (730 ILCS 5/3‑3‑8 or 5/5‑8‑1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑50)
    Sec. 5‑4.5‑50. SENTENCE PROVISIONS; ALL FELONIES. Except as otherwise provided, for all felonies:
    (a) NO SUPERVISION. The court, upon a plea of guilty or a
     stipulation by the defendant of the facts supporting the charge or a finding of guilt, may not defer further proceedings and the imposition of a sentence and may not enter an order for supervision of the defendant.
    (b) FELONY FINES. An offender may be sentenced to pay a
     fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater, or if the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
     each felony conviction shall set forth his or her reasons for imposing the particular sentence entered in the case, as provided in Section 5‑4‑1 (730 ILCS 5/5‑4‑1). Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such factors, as well as any other mitigating or aggravating factors that the judge sets forth on the record that are consistent with the purposes and principles of sentencing set out in this Code.
    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
     sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed with the circuit court clerk within 30 days following the imposition of sentence. A motion not filed within that 30‑day period is not timely. The court may not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing.
    If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide the motion within a reasonable time.
    If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an appeal, a final judgment is not considered to have been entered until the motion to reduce the sentence has been decided by order entered by the trial court.
    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
     OTHER‑STATE SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the Illinois court ordered to be concurrent with the prior other‑state or federal sentence. The court may order that any time served on the unexpired portion of the other‑state or federal sentence, prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The appropriate official of the other state or the United States shall be furnished with a copy of the order imposing sentence, which shall provide that, when the offender is released from other‑state or federal confinement, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing Illinois county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of the sentence at the time of commitment and to be provided with copies of all records regarding the sentence.
    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
     defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed sentence to have his or her sentence reduced.
    The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his or her Illinois sentence. The application for reduction of a sentence under this subsection shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.
    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
     sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑55)
    Sec. 5‑4.5‑55. CLASS A MISDEMEANORS; SENTENCE. For a Class A misdemeanor:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5‑5‑3 or 5‑7‑1 (730 ILCS 5/5‑5‑3 or 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Section 5‑8‑1.2 (730 ILCS 5/5‑8‑1.2) concerning eligibility for the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑5‑3 or 5‑6‑2 (730 ILCS 5/5‑5‑3 or 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (e) FINE. A fine not to exceed $2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑60)
    Sec. 5‑4.5‑60. CLASS B MISDEMEANORS; SENTENCE. For a Class B misdemeanor:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6 months.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 6 months or as otherwise provided in Section 5‑7‑1 (730 ILCS 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Section 5‑8‑1.2 (730 ILCS 5/5‑8‑1.2) concerning eligibility for the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑6‑2 (730 ILCS 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (e) FINE. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑65)
    Sec. 5‑4.5‑65. CLASS C MISDEMEANORS; SENTENCE. For a Class C misdemeanor:
    (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 30 days.
    (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 30 days or as otherwise provided in Section 5‑7‑1 (730 ILCS 5/5‑7‑1).
    (c) IMPACT INCARCERATION. See Section 5‑8‑1.2 (730 ILCS 5/5‑8‑1.2) concerning eligibility for the county impact incarceration program.
    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5‑6‑2 (730 ILCS 5/5‑6‑2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (e) FINE. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
    (f) RESTITUTION. See Section 5‑5‑6 (730 ILCS 5/5‑5‑6) concerning restitution.
    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5‑8‑4 (730 ILCS 5/5‑8‑4).
    (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.
    (i) CREDIT FOR HOME DETENTION. See Section 5‑4.5‑100 (730 ILCS 5/5‑4.5‑100) concerning credit for time spent in home detention prior to judgment.
    (j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct.
    (k) ELECTRONIC HOME DETENTION. See Section 5‑8A‑3 (730 ILCS 5/5‑8A‑3) concerning eligibility for electronic home detention.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑70)
    Sec. 5‑4.5‑70. SENTENCE PROVISIONS; ALL MISDEMEANORS. Except as otherwise provided, for all misdemeanors:
    (a) SUPERVISION; ORDER. The court, upon a plea of guilty
     or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5‑6‑1 (730 ILCS 5/5‑6‑1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:
        (1) the defendant is not likely to commit further
     crimes;
        (2) the defendant and the public would be best served
     if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice, an order of
     supervision is more appropriate than a sentence otherwise permitted under this Code.
    (b) SUPERVISION; PERIOD. When a defendant is placed on
     supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act (720 ILCS 550/10.3), Section 411.2 of the Illinois Controlled Substances Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/80), in which case the court may extend supervision beyond 2 years. The court shall specify the conditions of supervision as set forth in Section 5‑6‑3.1 (730 ILCS 5/5‑6‑3.1).
    (c) NO REQUIRED BIRTH CONTROL. A court may not impose a
     sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑75)
    Sec. 5‑4.5‑75. PETTY OFFENSES; SENTENCE. Except as otherwise provided, for a petty offense:
    (a) FINE. A defendant may be sentenced to pay a fine not
     to exceed $1,000 for each offense or the amount specified in the offense, whichever is less. A fine may be imposed in addition to a sentence of conditional discharge or probation. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
    (b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
     in Section 5‑6‑2 (730 ILCS 5/5‑6‑2), a defendant may be sentenced to a period of probation or conditional discharge not to exceed 6 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (c) RESTITUTION. A defendant may be sentenced to make
     restitution to the victim under Section 5‑5‑6 (730 ILCS 5/5‑5‑6).
    (d) SUPERVISION; ORDER. The court, upon a plea of guilty
     or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5‑6‑1 (730 ILCS 5/5‑6‑1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:
        (1) the defendant is not likely to commit further
     crimes;
        (2) the defendant and the public would be best served
     if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice, an order of
     supervision is more appropriate than a sentence otherwise permitted under this Code.
    (e) SUPERVISION; PERIOD. When a defendant is placed on
     supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years. The court shall specify the conditions of supervision as set forth in Section 5‑6‑3.1 (730 ILCS 5/5‑6‑3.1).
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑80)
    Sec. 5‑4.5‑80. BUSINESS OFFENSES; SENTENCE. Except as otherwise provided, for a business offense:
    (a) FINE. A defendant may be sentenced to pay a fine not
     to exceed for each offense the amount specified in the statute defining that offense. A fine may be imposed in addition to a sentence of conditional discharge. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment.
    (b) CONDITIONAL DISCHARGE. A defendant may be sentenced
     to a period of conditional discharge. The court shall specify the conditions of conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3).
    (c) RESTITUTION. A defendant may be sentenced to make
     restitution to the victim under Section 5‑5‑6 (730 ILCS 5/5‑5‑6).
    (d) SUPERVISION; ORDER. The court, upon a plea of guilty
     or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5‑6‑1 (730 ILCS 5/5‑6‑1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:
        (1) the defendant is not likely to commit further
     crimes;
        (2) the defendant and the public would be best served
     if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice, an order of
     supervision is more appropriate than a sentence otherwise permitted under this Code.
    (e) SUPERVISION; PERIOD. When a defendant is placed on
     supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years. The court shall specify the conditions of supervision as set forth in Section 5‑6‑3.1 (730 ILCS 5/5‑6‑3.1).
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑85)
    Sec. 5‑4.5‑85. UNCLASSIFIED OFFENSES; SENTENCE.
    (a) FELONY. The particular classification of each felony
     is specified in the law defining the felony. Any unclassified offense that is declared by law to be a felony or that provides a sentence to a term of imprisonment for one year or more is a Class 4 felony.
    (b) MISDEMEANOR. The particular classification of each
     misdemeanor is specified in the law or ordinance defining the misdemeanor.
        (1) Any offense not so classified that provides a
     sentence to a term of imprisonment of less than one year but in excess of 6 months is a Class A misdemeanor.
        (2) Any offense not so classified that provides a
     sentence to a term of imprisonment of 6 months or less but in excess of 30 days is a Class B misdemeanor.
        (3) Any offense not so classified that provides a
     sentence to a term of imprisonment of 30 days or less is a Class C misdemeanor.
    (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense
     that does not provide for a sentence of imprisonment is a petty offense or a business offense.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑90)
    Sec. 5‑4.5‑90. OTHER REMEDIES NOT LIMITED. This Article does not deprive a court in other proceedings of the power 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.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑95)
    Sec. 5‑4.5‑95. GENERAL RECIDIVISM PROVISIONS.
    (a) HABITUAL CRIMINALS.
        (1) Every person who has been twice convicted in any
     state or federal court of an offense that contains the same elements as an offense now (the date of the offense committed after the 2 prior convictions) classified in Illinois as a Class X felony, criminal sexual assault, aggravated kidnapping, or first degree murder, and who is thereafter convicted of a Class X felony, criminal sexual assault, or first degree murder, committed after the 2 prior convictions, shall be adjudged an habitual criminal.
        (2) The 2 prior convictions need not have been for
     the same offense.
        (3) Any convictions that result from or are
     connected with the same transaction, or result from offenses committed at the same time, shall be counted for the purposes of this Section as one conviction.
        (4) This Section does not apply unless each of the
     following requirements are satisfied:
            (A) The third offense was committed after July 3,
         1980.
            (B) The third offense was committed within 20
         years of the date that judgment was entered on the first conviction; provided, however, that time spent in custody shall not be counted.
            (C) The third offense was committed after
         conviction on the second offense.
            (D) The second offense was committed after
         conviction on the first offense.
        (5) Except when the death penalty is imposed, anyone
     adjudged an habitual criminal shall be sentenced to a term of natural life imprisonment.
        (6) A prior conviction shall not be alleged in the
     indictment, and no evidence or other disclosure of that conviction shall be presented to the court or the jury during the trial of an offense set forth in this Section unless otherwise permitted by the issues properly raised in that trial. After a plea or verdict or finding of guilty and before sentence is imposed, the prosecutor may file with the court a verified written statement signed by the State's Attorney concerning any former conviction of an offense set forth in this Section rendered against the defendant. The court shall then cause the defendant to be brought before it; shall inform the defendant of the allegations of the statement so filed, and of his or her right to a hearing before the court on the issue of that former conviction and of his or her right to counsel at that hearing; and unless the defendant admits such conviction, shall hear and determine the issue, and shall make a written finding thereon. If a sentence has previously been imposed, the court may vacate that sentence and impose a new sentence in accordance with this Section.
        (7) A duly authenticated copy of the record of any
     alleged former conviction of an offense set forth in this Section shall be prima facie evidence of that former conviction; and a duly authenticated copy of the record of the defendant's final release or discharge from probation granted, or from sentence and parole supervision (if any) imposed pursuant to that former conviction, shall be prima facie evidence of that release or discharge.
        (8) Any claim that a previous conviction offered by
     the prosecution is not a former conviction of an offense set forth in this Section because of the existence of any exceptions described in this Section, is waived unless duly raised at the hearing on that conviction, or unless the prosecution's proof shows the existence of the exceptions described in this Section.
        (9) If the person so convicted shows to the
     satisfaction of the court before whom that conviction was had that he or she was released from imprisonment, upon either of the sentences upon a pardon granted for the reason that he or she was innocent, that conviction and sentence shall not be considered under this Section.
    (b) When a defendant, over the age of 21 years, is
     convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 felony was committed) classified in Illinois as a Class 2 or greater Class felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender. This subsection does not apply unless:
        (1) the first felony was committed after February 1,
     1978 (the effective date of Public Act 80‑1099);
        (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
     subsection (b) 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 (20 ILCS 301/40‑10).
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

    (730 ILCS 5/5‑4.5‑100)
    Sec. 5‑4.5‑100. CALCULATION OF TERM OF IMPRISONMENT.
    (a) COMMENCEMENT. A sentence of imprisonment shall
    commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served.
    (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
    forth in subsection (e), the offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for time spent in custody as a result of the offense for which the sentence was imposed, at the rate specified in Section 3‑6‑3 (730 ILCS 5/3‑6‑3). Except when prohibited by subsection (d), the trial court may give credit to the defendant for time spent in home detention, or when the defendant has been confined for psychiatric or substance abuse treatment prior to judgment, if the court finds that the detention or confinement was custodial.
    (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
    arrested on one charge and prosecuted on another charge for conduct that occurred prior to his or her arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another sentence.
    (d) NO CREDIT; SOME HOME DETENTION. An offender sentenced to a term of imprisonment for an offense listed in paragraph (2) of subsection (c) of Section 5‑5‑3 (730 ILCS 5/5‑5‑3) or in paragraph (3) of subsection (c‑1) of Section 11‑501 of the Illinois Vehicle Code (625 ILCS 5/11‑501) shall not receive credit for time spent in home detention prior to judgment.
    (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED RELEASE, OR PROBATION. An offender charged with the commission of an offense committed while on parole, mandatory supervised release, or probation shall not be given credit for time spent in custody under subsection (b) for that offense for any time spent in custody as a result of a revocation of parole, mandatory supervised release, or probation where such revocation is based on a sentence imposed for a previous conviction, regardless of the facts upon which the revocation of parole, mandatory supervised release, or probation is based, unless both the State and the defendant agree that the time served for a violation of mandatory supervised release, parole, or probation shall be credited towards the sentence for the current offense.
(Source: P.A. 95‑1052, eff. 7‑1‑09; incorporates 96‑427, eff. 8‑13‑09; 96‑1000, eff. 7‑2‑10.)

    (730 ILCS 5/5‑4.5‑990)
    Sec. 5‑4.5‑990. PRIOR LAW; OTHER ACTS; PRIOR SENTENCING.
    (a) This Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly consolidate and unify certain criminal sentencing provisions and make conforming changes in the law.
    (b) A provision of this Article 4.5 or any other provision of this amendatory Act of the 95th General Assembly that is the same or substantially the same as a prior law shall be construed as a continuation of the prior law and not as a new or different law.
    (c) A citation in this Code or in another Act to a provision consolidated or unified in this Article 4.5 or to any other provision consolidated or unified in this amendatory Act of the 95th General Assembly shall be construed to be a citation to that consolidated or unified provision.
    (d) If any other Act of the General Assembly changes, adds, or repeals a provision of prior law that is consolidated or unified in this Article 4.5 or in any other provision of this amendatory Act of the 95th General Assembly, then that change, addition, or repeal shall be construed together with this Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly.
    (e) Sentencing for any violation of the law occurring before the effective date of this amendatory Act of the 95th General Assembly is not affected or abated by this amendatory Act of the 95th General Assembly.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)

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