(725 ILCS 175/5.1)
(from Ch. 56 1/2, par. 1655.1)
(a) Whenever any person pleads guilty to, is found guilty
of or is placed on supervision for an offense under this Act, a fine may
be levied in addition to any other penalty imposed by the court.
(b) In determining whether to impose a fine under this Section and the
amount, time for payment and method of payment of any fine so imposed, the court shall
(1) consider the defendant's income, regardless of source, the defendant's
earning capacity and the defendant's financial resources, as well as the nature
of the burden the fine will impose on the defendant and any person
legally or financially dependent upon the defendant;
(2) consider the proof received at trial, or as a result of a plea of
guilty, concerning the full street value of the controlled substances,
cannabis or the drug paraphernalia seized and any profits or other proceeds
derived by the defendant from the violation of this Act;
(3) take into account any other pertinent equitable considerations; and
(4) give primary consideration to the need to deprive the defendant
of illegally obtained profits or other proceeds from the offense.
For the purpose of paragraph (2) of this subsection, "street value" shall
be determined by the court on the basis of testimony of law enforcement
personnel and the defendant as to the amount seized and such testimony as
may be required by the court as to the current street value of the cannabis,
controlled substances or drug paraphernalia seized.
(c) As a condition of a fine, the court may require that payment be made
in specified installments or within a specified period of time, but such
period shall not be greater than the maximum applicable term of probation
or imprisonment, whichever is greater. Unless otherwise specified, payment
of a fine shall be due immediately.
(d) If a fine for a violation of this Act is imposed on an organization,
it is the duty of each individual authorized to make disbursements of the
assets of the organization to pay the fine from assets of the organization.
(e) (1) A defendant who has been sentenced to pay a fine, and who has
paid part but not all of such fine, may petition the court for an extension
of the time for payment or modification of the method of payment.
(2) The court may grant a petition made pursuant to this subsection if it finds that
(i) the circumstances that warranted payment by the time or method
specified no longer exist; or
(ii) it is otherwise unjust to require payment of the fine by the time
or method specified.
(Source: P.A. 86-271.)