(730 ILCS 5/5‑8‑1) (from Ch. 38, par. 1005‑8‑1)
(Text of Section from P.A. 95‑1052)
Sec. 5‑8‑1. Natural life imprisonment; mandatory supervised release.
(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, 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) (blank),
(b) if a trier of fact finds beyond a reasonable
| 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 | |
(c) the court shall sentence the defendant to a |
| term of natural life imprisonment when the death penalty is not imposed if the defendant, | |
(i) has previously been convicted of first |
| degree murder under any state or federal law, or | |
(ii) is a person who, at the time of the |
| 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 | |
(iii) is found guilty of murdering a peace |
| 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 | |
(iv) is found guilty of murdering an |
| 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 | |
(v) is found guilty of murdering an |
| 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 | |
(vi) is a person who, at the time of the |
| 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 | |
(vii) is found guilty of first degree murder |
| 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. | |
For purposes of clause (v), "emergency medical |
| technician ‑ ambulance", "emergency medical technician ‑ intermediate", "emergency medical technician ‑ paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act. | |
(d) (i) if the person committed the offense |
| while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court; | |
(ii) if, during the commission of the |
| offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court; | |
(iii) if, during the commission of the |
| 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. | |
(2) (blank);
(2.5) for a person convicted under the circumstances |
| 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. | |
(b) (Blank.)
(c) (Blank.)
(d) 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 |
| 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 and except for the offense of aggravated child pornography under Section 11‑20.3 of the Criminal Code of 1961, if committed on or after January 1, 2009, 3 years; | |
(2) for a Class 1 felony or a Class 2 felony except |
| for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11‑20.1 of the Criminal Code of 1961, if committed on or after January 1, 2009, 2 years; | |
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of |
| 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, or who commit the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant; | |
(5) if the victim is under 18 years of age, for a |
| 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. | |
(e) (Blank.)
(f) (Blank.)
(Source: P.A. 94‑165, eff. 7‑11‑05; 94‑243, eff. 1‑1‑06; 94‑715, eff. 12‑13‑05; 95‑983, eff. 6‑1‑09; 95‑1052, eff. 7‑1‑09.)
(Text of Section from P.A. 96‑282)
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 |
| not more than 60 years, or | |
(b) if a trier of fact finds beyond a reasonable |
| 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 | |
(c) the court shall sentence the defendant to a |
| term of natural life imprisonment when the death penalty is not imposed if the defendant, | |
(i) has previously been convicted of first |
| degree murder under any state or federal law, or | |
(ii) is a person who, at the time of the |
| 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 | |
(iii) is found guilty of murdering a peace |
| 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 | |
(iv) is found guilty of murdering an |
| 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 | |
(v) is found guilty of murdering an |
| 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 | |
(vi) is a person who, at the time of the |
| 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 | |
(vii) is found guilty of first degree murder |
| 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. | |
For purposes of clause (v), "emergency medical |
| technician ‑ ambulance", "emergency medical technician ‑ intermediate", "emergency medical technician ‑ paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act. | |
(d) (i) if the person committed the offense |
| while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court; | |
(ii) if, during the commission of the |
| offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court; | |
(iii) if, during the commission of the |
| 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. | |
(1.5) for second degree murder, a term shall be not |
| less than 4 years and not more than 20 years; | |
(2) for a person adjudged a habitual criminal under |
| Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment; | |
(2.5) for a person convicted under the circumstances |
| 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; | |
(3) except as otherwise provided in the statute |
| defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years; | |
(4) for a Class 1 felony, other than second degree |
| murder, the sentence shall be not less than 4 years and not more than 15 years; | |
(5) for a Class 2 felony, the sentence shall be not |
| less than 3 years and not more than 7 years; | |
(6) for a Class 3 felony, the sentence shall be not |
| less than 2 years and not more than 5 years; | |
(7) for a Class 4 felony, the sentence shall be not |
| less than 1 year and not more than 3 years. | |
(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 |
| 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 and except for the offense of aggravated child pornography under Section 11‑20.3 of the Criminal Code of 1961, if committed on or after January 1, 2009, 3 years; | |
(2) for a Class 1 felony or a Class 2 felony except |
| for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11‑20.1 of the Criminal Code of 1961, if committed on or after January 1, 2009, 2 years; | |
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of |
| 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, or who commit the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant; | |
(5) if the victim is under 18 years of age, for a |
| 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; | |
(6) for a felony domestic battery, aggravated |
| domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years. | |
(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. 95‑983, eff. 6‑1‑09; 96‑282, eff. 1‑1‑10.) |
(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 |
| nor more than 35 years of age; | |
(2) The person has not previously participated in |
| the impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility; | |
(3) The person has not been convicted of 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 convicted previously of any of those offenses. | |
(4) The person has been found in violation of |
| 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. | |
(5) The person must be physically able to |
| participate in strenuous physical activities or labor. | |
(6) The person must not have any mental disorder or |
| disability that would prevent participation in a county impact incarceration program. | |
(7) The person was recommended and approved for |
| 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. | |
(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 |
| |
(2) report or appear in person before any such |
| person or agency as directed by the court or the Sheriff; | |
(3) refrain from possessing a firearm or other |
| |
(4) not leave the State without the consent of the |
| court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the Sheriff; and | |
(5) permit representatives of the Sheriff to visit |
| 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. | |
(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.) |
(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
| been in and out of the criminal justice system for years are a serious problem; | |
(2) that the intergenerational cycle of women |
| continuously being part of the criminal justice system needs to be broken; | |
(3) that the effects of drug offending women with |
| children disrupts family harmony and creates an atmosphere that is not conducive to healthy childhood development; | |
(4) that there is a need for an effective |
| 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; | |
(5) that certain non‑violent women offenders with |
| 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. | |
(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 |
| 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. | |
(2) The woman must undergo an initial assessment |
| evaluation to determine the treatment and program plan. | |
(3) The woman was recommended and accepted for |
| 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. | |
(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 |
| |
(2) report or appear in person before any person or |
| agency as directed by the court, the sheriff, or Department of Corrections; | |
(3) refrain from possessing a firearm or other |
| |
(4) consent to drug testing;
(5) not leave the State without the consent of the |
| 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; | |
(6) upon placement in the program, must agree to |
| follow all requirements of the program. | |
(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. 95‑331, eff. 8‑21‑07.) |
(730 ILCS 5/5‑8‑4) (from Ch. 38, par. 1005‑8‑4)
Sec. 5‑8‑4. Concurrent and consecutive terms of imprisonment.
(a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant 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.
(c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances |
| of the offense and the history and character of the defendant, it is the opinion of the court 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. |
|
(2) If one of the offenses for which a defendant was |
| convicted was a violation of Section 32‑5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961 (720 ILCS 5/32‑5.2) and the offense was committed in attempting or committing a forcible felony. |
|
(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was |
| convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury. |
|
(2) The defendant was convicted of a violation of |
| Section 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), or 12‑14.1 (predatory criminal sexual assault of a child) of the Criminal Code of 1961 (720 ILCS 5/12‑13, 5/12‑14, or 5/12‑14.1). |
|
(3) The defendant was convicted of armed violence |
| based upon the predicate offense of any of the following: 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 (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated criminal drug conspiracy, or streetgang criminal drug conspiracy. |
|
(4) The defendant was convicted of the offense of |
| leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11‑401 of the Illinois Vehicle Code (625 ILCS 5/11‑401) 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 (625 ILCS 5/11‑501), (B) reckless homicide under Section 9‑3 of the Criminal Code of 1961 (720 ILCS 5/9‑3), or (C) both an offense described in item (A) and an offense described in item (B). |
|
(5) The defendant was convicted of a violation of |
| Section 9‑3.1 (concealment of homicidal death) or Section 12‑20.5 (dismembering a human body) of the Criminal Code of 1961 (720 ILCS 5/9‑3.1 or 5/12‑20.5). |
|
(5.5) The defendant was convicted of a violation of |
| Section 24‑3.7 (use of a stolen firearm in the commission of an offense) of the Criminal Code of 1961. |
|
(6) If the defendant was in the custody of the |
| Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections. If, however, the defendant is 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 the defendant may be held by the Department. |
|
(7) A sentence under Section 3‑6‑4 (730 ILCS 5/3‑6‑4) |
| for escape or attempted escape shall be served consecutive to the terms under which the offender is held by the Department of Corrections. |
|
(8) If a person charged with a felony commits a |
| separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility, then the sentences imposed upon conviction of these felonies shall be served consecutively regardless of the order in which the judgments of conviction are entered. |
|
(8.5) If a person commits a battery against a county |
| correctional officer or sheriff's employee while serving a sentence or in pretrial detention in a county jail facility, then the sentence imposed upon conviction of the battery shall be served consecutively with the sentence imposed upon conviction of the earlier misdemeanor or felony, regardless of the order in which the judgments of conviction are entered. |
|
(9) 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, then 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. |
|
(10) If a person is found to be in possession of an |
| item of contraband, as defined in clause (c)(2) of Section 31A‑1.1 of the Criminal Code of 1961, while serving a sentence in a county jail or while in pre‑trial detention in a county jail, the sentence imposed upon conviction for the offense of possessing contraband in a penal institution shall be served consecutively to the sentence imposed for the offense in which the person is serving sentence in the county jail or serving pretrial detention, regardless of the order in which the judgments of conviction are entered. |
|
(11) If a person is sentenced for a violation of |
| bail bond under Section 32‑10 of the Criminal Code of 1961, any sentence imposed for that violation shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted. |
|
(e) Consecutive terms; subsequent non‑Illinois term. If an Illinois court has imposed a sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum and aggregate minimum of consecutive sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior |
| to February 1, 1978, the aggregate maximum of consecutive sentences shall not exceed the maximum term authorized under Section 5‑8‑1 (730 ILCS 5/5‑8‑1) or Article 4.5 of Chapter V 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 (730 ILCS 5/5‑8‑1) or Article 4.5 of Chapter V 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. |
|
(2) For sentences imposed under the law in effect on |
| 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 Article 4.5 of Chapter V 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. |
|
(g) Consecutive terms; manner served. 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 defendant as though he or she had been committed for a single term subject to each of the following:
(1) The maximum period of a term of imprisonment |
| 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 subsection (f) of this Section. |
|
(2) The parole or mandatory supervised release term |
| shall be as provided in paragraph (e) of Section 5‑4.5‑50 (730 ILCS 5/5‑4.5‑50) for the most serious of the offenses involved. |
|
(3) The minimum period of imprisonment shall be the |
| aggregate of the minimum and determinate periods of imprisonment imposed by the court, subject to subsection (f) of this Section. |
|
(4) The defendant shall be awarded credit against the |
| 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 (730 ILCS 5/3‑6‑3). |
|
(Source: P.A. 95‑379, eff. 8‑23‑07; 95‑766, eff. 1‑1‑09; 95‑1052, eff. 7‑1‑09; 96‑190, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10; 96‑1200, eff. 7‑22‑10.) |
(730 ILCS 5/5‑8‑8)
(Section scheduled to be repealed on December 31, 2012)
Sec. 5‑8‑8. Illinois Sentencing Policy Advisory Council.
(a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council.
(b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois. In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of sentencing in Illinois, which are set out in Section 1‑1‑2 of this Code:
(1) prescribe sanctions proportionate to the |
| seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders; |
|
(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of |
| persons adjudicated offenders or delinquents; and |
|
(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following |
|
(A) the President of the Senate, or his or her |
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(B) the Minority Leader of the Senate, or his or |
|
(C) the Speaker of the House, or his or her |
|
(D) the Minority Leader of the House, or his or |
|
(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been |
| circuit, appellate or supreme court judges, selected by the members of the Council designated in clauses (c)(1)(A) through (L); |
|
(H) the Cook County State's Attorney, or his or |
|
(I) the Cook County Public Defender, or his or |
|
(J) a State's Attorney not from Cook County, |
| appointed by the State's Attorney's Appellate Prosecutor; |
|
(K) the State Appellate Defender, or his or her |
|
(L) the Director of the Administrative Office of |
| the Illinois Courts, or his or her designee; |
|
(M) a victim of a violent felony or a |
| representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L); |
|
(N) a representative of a community‑based |
| organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L); |
|
(O) a criminal justice academic researcher, to be |
| selected by the members of the Council designated in clauses (c)(1)(A) through (L); |
|
(P) a representative of law enforcement from a |
| unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L); |
|
(Q) a sheriff selected by the members of the |
| Council designated in clauses (c)(1)(A) through (L); and |
|
(R) ex‑officio members shall include:
(i) the Director of Corrections, or his or |
|
(ii) the Chair of the Prisoner Review Board, |
|
(iii) the Director of the Illinois State |
| Police, or his or her designee; |
|
(iv) the Director of the Illinois Criminal |
| Justice Information Authority, or his or her designee; and |
|
(v) the assistant Director of the |
| Administrative Office of the Illinois Courts, or his or her designee. |
|
(1.5) The Chair and Vice Chair shall be elected from |
| among its members by a majority of the members of the Council. |
|
(2) Members of the Council who serve because of their |
| public office or position, or those who are designated as members by such officials, shall serve only as long as they hold such office or position. |
|
(3) Council members shall serve without compensation |
| but shall be reimbursed for travel and per diem expenses incurred in their work for the Council. |
|
(4) The Council may exercise any power, perform any |
| function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The term of office of each member of the Council ends on the date of repeal of this amendatory Act of the 96th General Assembly. |
|
(d) Duties. The Council shall perform, as resources |
| permit, duties including: |
|
(1) Collect and analyze information including |
| sentencing data, crime trends, and existing correctional resources to support legislative and executive action affecting the use of correctional resources on the State and local levels. |
|
(2) Prepare criminal justice population projections |
| annually, including correctional and community‑based supervision populations. |
|
(3) Analyze data relevant to proposed sentencing |
| legislation and its effect on current policies or practices, and provide information to support evidence‑based sentencing. |
|
(4) Ensure that adequate resources and facilities are |
| available for carrying out sentences imposed on offenders and that rational priorities are established for the use of those resources. To do so, the Council shall prepare criminal justice resource statements, identifying the fiscal and practical effects of proposed criminal sentencing legislation, including, but not limited to, the correctional population, court processes, and county or local government resources. |
|
(5) Perform such other studies or tasks pertaining to |
| sentencing policies as may be requested by the Governor or the Illinois General Assembly. |
|
(6) Perform such other functions as may be required |
| by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b). |
|
(e) Authority.
(1) The Council shall have the power to perform the |
| functions necessary to carry out its duties, purposes and goals under this Act. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections. |
|
(2) Upon request from the Council, each executive |
| agency and department of State and local government shall provide information and records to the Council in the execution of its duties. |
|
(f) Report. The Council shall report in writing annually |
| to the General Assembly and the Governor. |
|
(g) This Section is repealed on December 31, 2012.
(Source: P.A. 96‑711, eff. 8‑25‑09; 96‑1000, eff. 7‑2‑10.) |
