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730 ILCS 5/5-5-3.1

    (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
    Sec. 5-5-3.1. Factors in mitigation.
    (a) The following grounds shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment:
        (1) The defendant's criminal conduct neither caused
    
nor threatened serious physical harm to another.
        (2) The defendant did not contemplate that his
    
criminal conduct would cause or threaten serious physical harm to another.
        (3) The defendant acted under a strong provocation.
        (4) There were substantial grounds tending to excuse
    
or justify the defendant's criminal conduct, though failing to establish a defense.
        (5) The defendant's criminal conduct was induced or
    
facilitated by someone other than the defendant.
        (6) The defendant has compensated or will compensate
    
the victim of his criminal conduct for the damage or injury that he sustained.
        (7) The defendant has no history of prior delinquency
    
or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.
        (8) The defendant's criminal conduct was the result
    
of circumstances unlikely to recur.
        (9) The character and attitudes of the defendant
    
indicate that he is unlikely to commit another crime.
        (10) The defendant is particularly likely to comply
    
with the terms of a period of probation.
        (11) The imprisonment of the defendant would entail
    
excessive hardship to his dependents.
        (12) The imprisonment of the defendant would endanger
    
his or her medical condition.
        (13) The defendant was a person with an intellectual
    
disability as defined in Section 5-1-13 of this Code.
        (14) The defendant sought or obtained emergency
    
medical assistance for an overdose and was convicted of a Class 3 felony or higher possession, manufacture, or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog under the Illinois Controlled Substances Act or a Class 2 felony or higher possession, manufacture or delivery of methamphetamine under the Methamphetamine Control and Community Protection Act.
        (15) At the time of the offense, the defendant is or
    
had been the victim of domestic violence and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. As used in this paragraph (15), "domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986.
        (16) At the time of the offense, the defendant was
    
suffering from a serious mental illness which, though insufficient to establish the defense of insanity, substantially affected his or her ability to understand the nature of his or her acts or to conform his or her conduct to the requirements of the law.
    (b) If the court, having due regard for the character of the offender, the nature and circumstances of the offense and the public interest finds that a sentence of imprisonment is the most appropriate disposition of the offender, or where other provisions of this Code mandate the imprisonment of the offender, the grounds listed in paragraph (a) of this subsection shall be considered as factors in mitigation of the term imposed.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; 99-384, eff. 1-1-16; 99-642, eff. 7-28-16; 99-877, eff. 8-22-16.)