(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release, final
discharge, or pardon, the Department shall return all property held for
him, provide him with suitable clothing and procure necessary
transportation for him to his designated place of residence and
employment. It may provide such person with a grant of money for travel and
expenses which may be paid in installments. The amount of the money grant
shall be determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, provide him or her with any documents necessary after discharge. (a-2) The Department of Corrections may establish and maintain, in any institution
it administers, revolving funds to be known as "Travel and Allowances Revolving
Funds". These revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners. The moneys
paid into such revolving funds shall be from appropriations to the Department
for Committed, Paroled, and Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on parole, mandatory release, final discharge, or pardon, the Department shall provide the person with a form that informs him or her that his or her voting rights have been restored and a voter registration application. The Department shall have available voter registration applications in the languages provided by the Illinois State Board of Elections. The form that informs the person that his or her rights have been restored shall include the following information: (1) All voting rights are restored upon release from |
| the Department's custody.
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(2) A person who is eligible to vote must register in
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| order to be able to vote.
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The Department of Corrections shall confirm that the person received the voter registration application and has been informed that his or her voting rights have been restored.
(a-4) Prior to release of a person on parole, mandatory supervised release, final discharge, or pardon, the Department shall screen every person for Medicaid eligibility. Officials of the correctional institution or facility where the committed person is assigned shall assist an eligible person to complete a Medicaid application to ensure that the person begins receiving benefits as soon as possible after his or her release. The application must include the eligible person's address associated with his or her residence upon release from the facility. If the residence is temporary, the eligible person must notify the Department of Human Services of his or her change in address upon transition to permanent housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the Department shall
establish procedures to provide written notification of any release of any
person who has been convicted of a felony to the State's Attorney
and sheriff of the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the offender is to be
paroled or released. Except as otherwise provided in this Code, the
Department shall establish procedures to provide written notification to
the proper law enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the offender or the
commission of the offense took place in the municipality, if the offender is to
be paroled or released into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a person
convicted of a felony who is in the custody of the Department of Corrections or
on parole or mandatory supervised release informs the Department that he or she
has resided, resides, or will
reside at an address that is a housing facility owned, managed,
operated, or leased by a public housing agency, the Department must send
written notification of that information to the public housing agency that
owns, manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days before release of
the person from custody, or as soon thereafter as possible. The written notification shall be provided electronically if the State's Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide notice to the Illinois State Police of the release or discharge of persons convicted of violations of the Methamphetamine Control and Community
Protection Act or a violation of the Methamphetamine Precursor Control Act. The Illinois State Police shall make this information available to local, State, or federal law enforcement agencies upon request.
(c-5) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide copies of the following information to the appropriate licensing or regulating Department and the licensed or regulated facility where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation
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(2) The social evaluation prepared pursuant to
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(3) Any pre-release evaluation conducted pursuant to
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| subsection (j) of Section 3-6-2.
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(4) Reports of disciplinary infractions and
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(5) Any parole plan, including orders issued by the
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| Prisoner Review Board, and any violation reports and dispositions.
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(6) The name and contact information for the assigned
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| parole agent and parole supervisor.
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This information shall be provided within 3 days of the person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide written notification of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the
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| municipality and county in which the licensed facility is located.
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The notification shall be provided within 3 days of the person becoming a resident of the facility.
(d) Upon the release of a committed person on parole, mandatory
supervised release, final discharge, or pardon, the Department shall provide
such person with information concerning programs and services of the
Illinois Department of Public Health to ascertain whether such person has
been exposed to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole, mandatory supervised
release, final discharge, pardon, or who has been wrongfully imprisoned, the Department shall verify the released person's full name, date of birth, and social security number. If verification is made by the Department by obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the released person. If verification by the Department is done by means other than obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State, and shall provide that verification form to the released person.
(f) Forty-five days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person:
(1) who is otherwise uninsured an opportunity to
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| apply for health care coverage including medical assistance under Article V of the Illinois Public Aid Code in accordance with subsection (b) of Section 1-8.5 of the Illinois Public Aid Code, and the Department of Corrections shall provide assistance with completion of the application for health care coverage including medical assistance;
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(2) information about obtaining a standard Illinois
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| Identification Card or a limited-term Illinois Identification Card under Section 4 of the Illinois Identification Card Act if the person has not been issued an Illinois Identification Card under subsection (a-20) of Section 4 of the Illinois Identification Card Act;
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(3) information about voter registration and may
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| distribute information prepared by the State Board of Elections. The Department of Corrections may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under Section 1A-16.2 of the Election Code;
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(4) information about job listings upon discharge
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| from the correctional institution or facility;
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(5) information about available housing upon
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| discharge from the correctional institution or facility;
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(6) a directory of elected State officials and of
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| officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and
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(7) any other information that the Department of
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| Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism.
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(g) Sixty days before the scheduled discharge of a person committed to the custody of the Department or upon receipt of the person's certified birth certificate and social security card as set forth in subsection (d) of Section 3-8-1 of this Act, whichever occurs later, the Department shall transmit an application for an Identification Card to the Secretary of State, in accordance with subsection (a-20) of Section 4 of the Illinois Identification Card Act.
The Department may adopt rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. 1-1-24 .)
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(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of insanity.
(a) After a finding or verdict of not guilty by reason of insanity
under Sections 104-25, 115-3, or 115-4 of the Code of Criminal Procedure
of 1963, the defendant shall be ordered to the Department of Human Services for
an evaluation as to
whether he is in need of mental health
services. The order
shall specify whether the evaluation shall be conducted on an inpatient or
outpatient basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting. With the court order for evaluation shall be sent a copy of the arrest report, criminal charges, arrest record, jail record, any report prepared under Section 115-6 of the Code of Criminal Procedure of 1963, and any statement prepared under Section 6 of the Rights of Crime Victims and Witnesses Act. The clerk of the circuit court shall transmit this information to the Department within 5 days. If the court orders that the evaluation be done on an inpatient basis, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. During
the period of time required to
determine the appropriate placement, the defendant shall
remain in jail. If, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall contact a designated person within the Department to inquire about when a placement will become available at the designated facility and bed availability at other facilities. If, within
20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department
fails to notify the sheriff of the identity of the facility to
which the defendant shall be transported, the sheriff shall
notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the placement evaluation and availability for admission to the facility operated by the Department by contacting a designated person within the Department. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the placement evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility.
Individualized placement evaluations by the Department of Human Services determine the most appropriate setting for forensic treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender, and proximity to family.
The Department shall provide the Court with a report of its evaluation
within 30 days of the date of this order. The Court shall hold a hearing
as provided under the Mental Health and Developmental Disabilities Code to
determine if the individual is:
(a)
in need of mental health services on an inpatient basis; (b) in
need of
mental health services on an outpatient basis; (c) a person not in
need of
mental health services. The court shall afford the victim the opportunity to make a written or oral statement as guaranteed by Article I, Section 8.1 of the Illinois Constitution and Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. The court shall consider any statement presented along with all other appropriate factors in determining the sentence of the defendant or disposition of the juvenile. All statements shall become part of the record of the court.
If the defendant is found to be in
need
of mental health services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services.
The defendant shall be placed in a secure setting. Such
defendants placed in a secure setting shall not be permitted outside the
facility's housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the Court for
unsupervised
on-grounds privileges as provided
herein.
Any defendant placed in a secure setting pursuant to this Section,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, shall be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
If the defendant is found to be in need of mental health services,
but not on an inpatient care basis, the Court shall conditionally release
the defendant, under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress and participation
in treatment or
rehabilitation and the safety of the defendant, the victim, the victim's family members, and others. If the
Court
finds the person not in need of mental health services, then the Court
shall order the defendant discharged from custody.
(a-1) Definitions. For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an |
| inpatient basis" means: a defendant who has been found not guilty by reason of insanity but who, due to mental illness, is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care.
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(C) "In need of mental health services on an
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| outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy.
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(D) "Conditional Release" means: the release from
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| either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant, the victim, the victim's family, and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, random testing to ensure the defendant's timely and continuous taking of any medicines prescribed to control or manage his or her conduct or mental state, and periodic checks with the legal authorities and/or the Department of Human Services. The Court may order as a condition of conditional release that the defendant not contact the victim of the offense that resulted in the finding or verdict of not guilty by reason of insanity or any other person. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decides that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section. Such conditional release shall be for a period of five years. However, the defendant, the person or facility rendering the treatment, therapy, program or outpatient care, the Department, or the State's Attorney may petition the Court for an extension of the conditional release period for an additional 5 years. Upon receipt of such a petition, the Court shall hold a hearing consistent with the provisions of paragraph (a), this paragraph (a-1), and paragraph (f) of this Section, shall determine whether the defendant should continue to be subject to the terms of conditional release, and shall enter an order either extending the defendant's period of conditional release for an additional 5-year period or discharging the defendant. Additional 5-year periods of conditional release may be ordered following a hearing as provided in this Section. However, in no event shall the defendant's period of conditional release continue beyond the maximum period of commitment ordered by the Court pursuant to paragraph (b) of this Section. These provisions for extension of conditional release shall only apply to defendants conditionally released on or after August 8, 2003. However, the extension provisions of Public Act 83-1449 apply only to defendants charged with a forcible felony.
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(E) "Facility director" means the chief officer of a
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| mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, nurse, or clinical professional counselor.
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(b) If the Court finds the defendant in need of mental health services on an
inpatient basis, the
admission, detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and treatment plans, and
discharge of the defendant after such order shall be under the
Mental Health and Developmental Disabilities Code, except that the
initial order for admission of a defendant acquitted of a felony by
reason of insanity shall be for an indefinite period of time. Such period
of commitment shall not exceed the maximum
length of time that the defendant would have been required to serve,
less credit for good behavior as provided in Section 5-4-1 of the Unified
Code of Corrections, before becoming eligible for
release had
he been convicted of and received the maximum sentence for the most
serious crime for which he has been acquitted by reason of insanity. The
Court shall determine the maximum period of commitment by an appropriate
order. During this period of time, the defendant shall not be permitted
to be in the community in any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the Department of Human
Services, unsupervised on-grounds privileges,
discharge or conditional or temporary release, except by a plan as provided in
this Section. In no event shall a defendant's continued unauthorized
absence be a basis for discharge. Not more than 30 days after admission
and every 90 days thereafter so long as the initial order
remains in effect, the facility director shall file a treatment plan report
in writing with the court
and forward a copy of the treatment plan report to the clerk of the
court, the State's Attorney, and the defendant's attorney, if the defendant is
represented by counsel,
or to a person authorized by
the defendant under the
Mental Health and Developmental Disabilities Confidentiality Act to be sent a
copy of the report. The report shall include an opinion
as to whether the
defendant is currently in need of mental
health services on an inpatient basis or in need of mental health services
on
an outpatient basis. The report shall also summarize the basis for those
findings and provide a current summary of the following items from the
treatment plan: (1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the goals of each
type of element of service, (4) an anticipated timetable for the accomplishment
of the goals, and (5) a designation of the qualified professional responsible
for the implementation of the plan.
The report may also include unsupervised on-grounds
privileges, off-grounds privileges (with or without escort by personnel of the
Department of Human Services), home visits and
participation in work
programs, but only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure the defendant's
satisfactory progress in treatment and the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of insanity and
subsequently found to be in need of
mental health services shall be represented by counsel in all proceedings under
this Section and under the Mental Health and Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public
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| defender or an attorney licensed by this State.
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(2) Upon filing with the Court of a verified
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| statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose.
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(d) When the facility director determines that:
(1) the defendant is no longer in need of mental
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| health services on an inpatient basis; and
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(2) the defendant may be conditionally released
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| because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services;
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the facility director shall give written notice
to the Court, State's Attorney and defense attorney.
Such notice shall set forth in detail the basis for the recommendation of
the facility director, and specify clearly the recommendations, if any,
of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an evaluation of
the defendant's need for psychotropic medication, what provisions should be
made, if any, to ensure that the defendant will continue to receive
psychotropic medication following discharge, and what provisions should be made
to assure the safety of the defendant and others in the event the defendant is
no longer receiving psychotropic medication.
Within 30 days of
the notification by the facility director, the Court shall set a hearing and
make a finding as to whether the defendant is:
(i) (blank); or
(ii) in need of mental health services in the form of
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(iii) in need of mental health services but not
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(iv) no longer in need of mental health services; or
(v) (blank).
A crime victim shall be allowed to present an oral and written statement. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements shall become part of the record of the court.
Upon finding by the Court, the Court shall enter its findings and such
appropriate order as provided in subsections (a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any person on
his behalf, may file a petition for treatment plan review
or discharge or conditional release under the
standards of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or conditional release, the Court shall set a hearing to
be held within 120 days. Thereafter, no new petition
may be filed for 180 days
without leave of the Court.
(f) The Court shall direct that notice of the time and place of the
hearing be served upon the defendant, the facility director, the State's
Attorney, and the defendant's attorney. If requested by either the State or the
defense or if the Court feels it is appropriate, an impartial examination
of the defendant by a psychiatrist or clinical psychologist as defined in
Section 1-103 of the Mental Health and Developmental Disabilities Code who
is not in the employ of the Department of Human Services shall be ordered, and
the report considered at
the time of the hearing.
(g) The findings of the Court shall be established by clear and
convincing evidence. The burden of proof and the burden of going forth
with the evidence rest with the defendant or any person on the defendant's
behalf when a hearing is held to review
a petition filed by or on
behalf of the defendant. The evidence shall be presented in open
Court
with the right of confrontation and cross-examination.
Such evidence may include, but is not limited to:
(1) whether the defendant appreciates the harm caused
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| by the defendant to others and the community by his or her prior conduct that resulted in the finding of not guilty by reason of insanity;
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(2) Whether the person appreciates the criminality of
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| conduct similar to the conduct for which he or she was originally charged in this matter;
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(3) the current state of
the defendant's illness;
(4) what, if any, medications the defendant is taking
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(5) what, if any, adverse physical side effects the
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| medication has on the defendant;
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(6) the length of time it would take for the
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| defendant's mental health to deteriorate if the defendant stopped taking prescribed medication;
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(7) the defendant's history or potential for alcohol
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(8) the defendant's past criminal history;
(9) any specialized physical or medical needs of the
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(10) any family participation or involvement expected
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| upon release and what is the willingness and ability of the family to participate or be involved;
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(11) the defendant's potential to be a danger to
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(11.5) a written or oral statement made by the
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(12) any other factor or factors the Court deems
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(h) Before the court orders that the defendant be discharged or
conditionally released, it shall order the facility director to establish a
discharge plan that includes a plan for the defendant's shelter, support, and
medication. If appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication under standards
established by the Department of Human Services.
If the Court finds, consistent with the provisions of this Section,
that the defendant is no longer in need of mental
health services it shall order the facility director to discharge the
defendant. If the Court finds, consistent with the provisions of this
Section, that the defendant is in need of mental
health services, and no longer in need of inpatient care, it shall order
the facility director to release the defendant under such conditions as the
Court deems appropriate and as provided by this Section. Such conditional
release shall be imposed for a period of 5 years as provided in
paragraph
(D) of subsection (a-1) and shall be
subject
to later modification by the Court as provided by this Section. If the
Court finds consistent with the provisions in this Section that the
defendant is in
need of mental health services on an inpatient basis, it shall order the
facility director not to discharge or release the defendant in accordance
with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional release
the State's Attorney determines that the defendant has not fulfilled the
conditions of his or her release, the State's Attorney may petition the
Court
to
revoke or modify the conditional release of the defendant. Upon the filing of
such petition the defendant may be remanded to the custody of the Department,
or to any other mental health facility designated by the Department, pending
the resolution of the petition. Nothing in this Section shall prevent the
emergency admission of a defendant pursuant to Article VI of Chapter III of the
Mental Health
and Developmental Disabilities Code or the voluntary admission of the defendant
pursuant to Article IV of Chapter III of the Mental Health and Developmental
Disabilities
Code. If
the Court determines, after hearing evidence, that the defendant has
not fulfilled the conditions of release, the Court shall order a hearing
to be held consistent with the provisions of paragraph (f) and (g) of this
Section. At such hearing, if the Court finds that the defendant is in need of mental health services on an inpatient
basis, it shall enter an order remanding him or her to the Department of
Human Services or other
facility. If the defendant is remanded to the Department of Human Services, he
or she shall be placed in
a secure setting unless the Court
determines that there are compelling reasons that such placement is not
necessary. If the
Court finds that the defendant continues to be in need of mental health
services but not on an inpatient basis, it may modify the conditions of
the original release in order to reasonably assure the defendant's satisfactory
progress in treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of subsection (a-1). Nothing in
this Section shall limit a Court's contempt powers or any other powers of a
Court.
(j) An order of admission under this Section does not affect the
remedy of habeas corpus.
(k) In the event of a conflict between this Section and the Mental Health
and Developmental Disabilities Code or the Mental Health and Developmental
Disabilities Confidentiality Act, the provisions of this Section shall govern.
(l) Public Act 90-593 shall apply to all persons who have been found
not guilty by reason of insanity and who are presently committed to the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services).
(m)
The Clerk of the Court shall transmit a certified copy of the order of
discharge or conditional release to the Department of Human Services, to the sheriff of the county from which the defendant was admitted, to the Illinois State Police, to
the proper law enforcement agency for the municipality
where the offense took
place, and to the sheriff of the county into which the defendant is
conditionally discharged. The Illinois State Police shall
maintain a
centralized record of discharged or conditionally released defendants while
they are under court supervision for access and use of appropriate law
enforcement agencies.
(n) The provisions in this Section which allow a crime victim to make a written and oral statement do not apply if the defendant was under 18 years of age at the time the offense was committed.
(o) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision does not affect any other provision or application of this Section that can be given effect without the invalid provision or application.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) Sec. 5-4-1. Sentencing hearing. (a) After a determination of guilt, a hearing shall be held to impose the sentence. However, prior to the imposition of sentence on an individual being sentenced for an offense based upon a charge for a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance, the individual must undergo a professional evaluation to determine if an alcohol or other drug abuse problem exists and the extent of such a problem. Programs conducting these evaluations shall be licensed by the Department of Human Services. However, if the individual is not a resident of Illinois, the court may, in its discretion, accept an evaluation from a program in the state of such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the hearing the court shall: (1) consider the evidence, if any, received upon the |
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(2) consider any presentence reports;
(3) consider the financial impact of incarceration
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| based on the financial impact statement filed with the clerk of the court by the Department of Corrections;
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(4) consider evidence and information offered by the
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| parties in aggravation and mitigation;
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(4.5) consider substance abuse treatment, eligibility
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| screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
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| statement in his own behalf;
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(7) afford the victim of a violent crime or a
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| violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and provided in Section 6 of the Rights of Crime Victims and Witnesses Act. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral or written statement. An oral or written statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. All statements offered under this paragraph (7) shall become part of the record of the court. In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
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(7.5) afford a qualified person affected by: (i) a
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| violation of Section 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act or a violation of Section 55 or Section 65 of the Methamphetamine Control and Community Protection Act; or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation or mitigation; provided that the statement and evidence offered in aggravation or mitigation shall first be prepared in writing in conjunction with the State's Attorney before it may be presented orally at the hearing. Sworn testimony offered by the qualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under this paragraph (7.5) shall become part of the record of the court. In this paragraph (7.5), "qualified person" means any person who: (i) lived or worked within the territorial jurisdiction where the offense took place when the offense took place; or (ii) is familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place. "Qualified person" includes any peace officer or any member of any duly organized State, county, or municipal peace officer unit assigned to the territorial jurisdiction where the offense took place when the offense took place;
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(8) in cases of reckless homicide afford the victim's
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| spouse, guardians, parents or other immediate family members an opportunity to make oral statements;
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(9) in cases involving a felony sex offense as
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| defined under the Sex Offender Management Board Act, consider the results of the sex offender evaluation conducted pursuant to Section 5-3-2 of this Act; and
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(10) make a finding of whether a motor vehicle was
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| used in the commission of the offense for which the defendant is being sentenced.
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(b) All sentences shall be imposed by the judge based upon his independent assessment of the elements specified above and any agreement as to sentence reached by the parties. The judge who presided at the trial or the judge who accepted the plea of guilty shall impose the sentence unless he is no longer sitting as a judge in that court. Where the judge does not impose sentence at the same time on all defendants who are convicted as a result of being involved in the same offense, the defendant or the State's Attorney may advise the sentencing court of the disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof, or a similar provision of a local ordinance, when such offense resulted in the personal injury to someone other than the defendant, the trial judge shall specify on the record the particular evidence, information, factors in mitigation and aggravation or other reasons that led to his sentencing determination. The full verbatim record of the sentencing hearing shall be filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for ransom, home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, the trial judge shall make a finding as to whether the conduct leading to conviction for the offense resulted in great bodily harm to a victim, and shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than when a sentence of natural life imprisonment is imposed, at the time the sentence is imposed the judge shall state on the record in open court the approximate period of time the defendant will serve in custody according to the then current statutory rules and regulations for sentence credit found in Section 3-6-3 and other related provisions of this Code. This statement is intended solely to inform the public, has no legal effect on the defendant's actual release, and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than when the sentence is imposed for one of the offenses enumerated in paragraph (a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period of time this defendant is likely to spend in prison as a result of this sentence. The actual period of prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of Corrections and the Illinois Prisoner Review Board. In this case, assuming the defendant receives all of his or her sentence credit, the period of estimated actual custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or her own misconduct or failure to comply with the institutional regulations, does not receive those credits, the actual time served in prison will be longer. The defendant may also receive an additional one-half day sentence credit for each day of participation in vocational, industry, substance abuse, and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph (a)(2) of Section 3-6-3, other than first degree murder, and the offense was committed on or after June 19, 1998, and when the sentence is imposed for reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999, and when the sentence is imposed for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when the sentence is imposed for aggravated arson if the offense was committed on or after July 27, 2001 (the effective date of Public Act 92-176), and when the sentence is imposed for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's statement, to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period of time this defendant is likely to spend in prison as a result of this sentence. The actual period of prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of Corrections and the Illinois Prisoner Review Board. In this case, the defendant is entitled to no more than 4 1/2 days of sentence credit for each month of his or her sentence of imprisonment. Therefore, this defendant will serve at least 85% of his or her sentence. Assuming the defendant receives 4 1/2 days credit for each month of his or her sentence, the period of estimated actual custody is ... years and ... months. If the defendant, because of his or her own misconduct or failure to comply with the institutional regulations receives lesser credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and the offense was committed on or after June 19, 1998, the judge's statement, to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period of time this defendant is likely to spend in prison as a result of this sentence. The actual period of prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of Corrections and the Illinois Prisoner Review Board. In this case, the defendant is not entitled to sentence credit. Therefore, this defendant will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration in a Department of Corrections facility and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the judge's statement, in addition to any other judge's statement required under this Section, to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period of time this defendant is likely to spend in prison as a result of this sentence. The actual period of prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of Corrections and the Illinois Prisoner Review Board. In this case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States. If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(1) order that the officer preparing the presentence
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| report consult with the United States Department of Veterans Affairs, Illinois Department of Veterans' Affairs, or another agency or person with suitable knowledge or experience for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, State, and local programming; and
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(2) consider the treatment recommendations of any
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| diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
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For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served.
(d) When the defendant is committed to the Department of Corrections, the State's Attorney shall and counsel for the defendant may file a statement with the clerk of the court to be transmitted to the department, agency or institution to which the defendant is committed to furnish such department, agency or institution with the facts and circumstances of the offense for which the person was committed together with all other factual information accessible to them in regard to the person prior to his commitment relative to his habits, associates, disposition and reputation and any other facts and circumstances which may aid such department, agency or institution during its custody of such person. The clerk shall within 10 days after receiving any such statements transmit a copy to such department, agency or institution and a copy to the other party, provided, however, that this shall not be cause for delay in conveying the person to the department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department, agency or institution, if any, to which the defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
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(3) any presentence reports;
(3.3) the person's last known complete street address
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| prior to incarceration or legal residence, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is 18 years of age or older;
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(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
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| screening and assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois courts;
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(4) the number of days, if any, which the defendant
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| has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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(4.1) any finding of great bodily harm made by the
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| court with respect to an offense enumerated in subsection (c-1);
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(5) all statements filed under subsection (d) of this
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(6) any medical or mental health records or summaries
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(7) the municipality where the arrest of the offender
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| or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
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(8) all statements made and evidence offered under
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| paragraph (7) of subsection (a) of this Section; and
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(9) all additional matters which the court directs
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(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
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(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for a qualifying offense or attempt of a qualifying offense, convicted or found guilty of any offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given supervision for any offense classified as a felony under the Juvenile Court Act of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood, saliva, or tissue to the Illinois State Police in accordance with the provisions of this Section, provided such person is: (1) convicted of a qualifying offense or attempt of a |
| qualifying offense on or after July 1, 1990 and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense;
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(1.5) found guilty or given supervision under the
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| Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after January 1, 1997;
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(2) ordered institutionalized as a sexually dangerous
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| person on or after July 1, 1990;
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(3) convicted of a qualifying offense or attempt of a
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| qualifying offense before July 1, 1990 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction;
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(3.5) convicted or found guilty of any offense
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| classified as a felony under Illinois law or found guilty or given supervision for such an offense under the Juvenile Court Act of 1987 on or after August 22, 2002;
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(4) presently institutionalized as a sexually
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| dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or
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(4.5) ordered committed as a sexually violent person
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| on or after January 1, 1998 (the effective date of the Sexually Violent Persons Commitment Act).
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(a-1) Any person incarcerated in a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22, 2002, whether for a term of years or natural life, who has not yet submitted a specimen of blood, saliva, or tissue shall be required to submit a specimen of blood, saliva, or tissue prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after June 13, 2005 (the effective date of Public Act 94-16) shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police. Any person serving a sentence of life imprisonment in a facility of the Illinois Department of Corrections on June 13, 2005 (the effective date of Public Act 94-16) or any person who is under a sentence of death on June 13, 2005 (the effective date of Public Act 94-16) shall be required to provide a specimen of blood, saliva, or tissue upon request at a collection site designated by the Illinois State Police.
(a-3) Any person seeking transfer to or residency in Illinois under Sections 3-3-11.05 through 3-3-11.5 of this Code, the Interstate Compact for Adult Offender Supervision, or the Interstate Agreements on Sexually Dangerous Persons Act shall be required to provide a specimen of blood, saliva, or tissue within 45 days after transfer to or residency in Illinois at a collection site designated by the Illinois State Police.
(a-3.1) Any person required by an order of the court to submit a DNA specimen shall be required to provide a specimen of blood, saliva, or tissue within 45 days after the court order at a collection site designated by the Illinois State Police.
(a-3.2) On or after January 1, 2012 (the effective date of Public Act 97-383), any person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois State Police:
(A) first degree murder;
(B) home invasion;
(C) predatory criminal sexual assault of a child;
(D) aggravated criminal sexual assault; or
(E) criminal sexual assault.
(a-3.3) Any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction as set forth in subsection (c-5.2) shall be required to provide a specimen of blood, saliva, or tissue within the time period prescribed in subsection (c-5.2) at a collection site designated by the Illinois State Police.
(a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood, saliva, or tissue to the Illinois State Police in accordance with the provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), (a)(3.5), and (a-5) to provide specimens of blood, saliva, or tissue shall provide specimens of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to provide specimens of blood, saliva, or tissue shall be required to provide such specimens prior to final discharge or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Act, by the Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide specimens of blood, saliva, or tissue shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State.
(c-5.2) Unless it is determined that a registered sex offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration.
(c-6) The Illinois State Police may determine which type of specimen or specimens, blood, saliva, or tissue, is acceptable for submission to the Division of Forensic Services for analysis. The Illinois State Police may require the submission of fingerprints from anyone required to give a specimen under this Act.
(d) The Illinois State Police shall provide all equipment and instructions necessary for the collection of blood specimens. The collection of specimens shall be performed in a medically approved manner. Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of this Act. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings.
(d-1) The Illinois State Police shall provide all equipment and instructions necessary for the collection of saliva specimens. The collection of saliva specimens shall be performed in a medically approved manner. Only a person trained in the instructions promulgated by the Illinois State Police on collecting saliva may collect saliva for the purposes of this Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings.
(d-2) The Illinois State Police shall provide all equipment and instructions necessary for the collection of tissue specimens. The collection of tissue specimens shall be performed in a medically approved manner. Only a person trained in the instructions promulgated by the Illinois State Police on collecting tissue may collect tissue for the purposes of this Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings.
(d-5) To the extent that funds are available, the Illinois State Police shall contract with qualified personnel and certified laboratories for the collection, analysis, and categorization of known specimens, except as provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois State Police and the Illinois State Police may contract with third parties to provide for the collection or analysis of DNA, or both, of an offender's blood, saliva, and tissue specimens, except as provided in subsection (n) of this Section.
(e) The genetic marker groupings shall be maintained by the Illinois State Police, Division of Forensic Services.
(f) The genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies, and to defense counsel as provided by Section 116-5 of the Code of Criminal Procedure of 1963. The genetic marker grouping analysis information obtained pursuant to this Act shall be used only for (i) valid law enforcement identification purposes and as required by the Federal Bureau of Investigation for participation in the National DNA database, (ii) technology validation purposes, (iii) a population statistics database, (iv) quality assurance purposes if personally identifying information is removed, (v) assisting in the defense of the criminally accused pursuant to Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. Notwithstanding any other statutory provision to the contrary, all information obtained under this Section shall be maintained in a single State data base, which may be uploaded into a national database, and which information may be subject to expungement only as set forth in subsection (f-1).
(f-1) Upon receipt of notification of a reversal of a conviction based on actual innocence, or of the granting of a pardon pursuant to Section 12 of Article V of the Illinois Constitution, if that pardon document specifically states that the reason for the pardon is the actual innocence of an individual whose DNA record has been stored in the State or national DNA identification index in accordance with this Section by the Illinois State Police, the DNA record shall be expunged from the DNA identification index, and the Department shall by rule prescribe procedures to ensure that the record and any specimens, analyses, or other documents relating to such record, whether in the possession of the Department or any law enforcement or police agency, or any forensic DNA laboratory, including any duplicates or copies thereof, are destroyed and a letter is sent to the court verifying the expungement is completed. For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period. The Department shall by rule prescribe procedures to ensure that the record and any specimens in the possession or control of the Department are destroyed and a letter is sent to the court verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker grouping analysis information, or any other information derived from a DNA specimen, beyond the authorized uses as provided under this Section, or any other Illinois law, is guilty of a Class 4 felony and shall be subject to a fine of not less than $5,000.
(f-6) The Illinois State Police may contract with third parties for the purposes of implementing Public Act 93-216, except as provided in subsection (n) of this Section. Any other party contracting to carry out the functions of this Section shall be subject to the same restrictions and requirements of this Section insofar as applicable, as the Illinois State Police, and to any additional restrictions imposed by the Illinois State Police.
(g) For the purposes of this Section, "qualifying offense" means any of the following:
(1) any violation or inchoate violation of Section
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| 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(1.1) any violation or inchoate violation of Section
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| 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of 1961 or the Criminal Code of 2012 for which persons are convicted on or after July 1, 2001;
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(2) any former statute of this State which defined a
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(3) (blank);
(4) any inchoate violation of Section 9-3.1, 9-3.4,
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| 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or the Criminal Code of 2012; or
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(5) any violation or inchoate violation of Article
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| 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
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(g-5) (Blank).
(h) The Illinois State Police shall be the State central repository for all genetic marker grouping analysis information obtained pursuant to this Act. The Illinois State Police may promulgate rules for the form and manner of the collection of blood, saliva, or tissue specimens and other procedures for the operation of this Act. The provisions of the Administrative Review Law shall apply to all actions taken under the rules so promulgated.
(i)(1) A person required to provide a blood, saliva, or tissue specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood, saliva, or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not adequate for any reason, the person shall provide another DNA specimen for analysis. Duly authorized law enforcement and corrections personnel may employ reasonable force in cases in which an individual refuses to provide a DNA specimen required under this Act.
(j) (Blank).
(k) All analysis and categorization assessments provided under the Criminal and Traffic Assessment Act to the State Crime Laboratory Fund shall be regulated as follows:
(1) (Blank).
(2) (Blank).
(3) Moneys deposited into the State Crime Laboratory
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| Fund shall be used by Illinois State Police crime laboratories as designated by the Director of the Illinois State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following:
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(A) Costs incurred in providing analysis and
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| genetic marker categorization as required by subsection (d).
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(B) Costs incurred in maintaining genetic marker
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| groupings as required by subsection (e).
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(C) Costs incurred in the purchase and
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| maintenance of equipment for use in performing analyses.
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(D) Costs incurred in continuing research and
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| development of new techniques for analysis and genetic marker categorization.
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(E) Costs incurred in continuing education,
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| training, and professional development of forensic scientists regularly employed by these laboratories.
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(l) The failure of a person to provide a specimen, or of any person or agency to collect a specimen, shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois State Police or persons designated by the Illinois State Police to collect the specimen, or the authority of the Illinois State Police to accept, analyze and maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database.
(m) If any provision of Public Act 93-216 is held unconstitutional or otherwise invalid, the remainder of Public Act 93-216 is not affected.
(n) Neither the Illinois State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency. For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the Juvenile Court Act of 1987 and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.
(p) This Section may be referred to as the Illinois DNA Database Law of 2011.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
|
(730 ILCS 5/5-4-3a) Sec. 5-4-3a. DNA testing backlog accountability. (a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information: (1) the extent of the backlog of cases awaiting |
| testing or awaiting DNA analysis by the Illinois State Police, including, but not limited to, those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal year, with the backlog being defined as all cases awaiting forensic testing whether in the physical custody of the Illinois State Police or in the physical custody of local law enforcement, provided that the Illinois State Police have written notice of any evidence in the physical custody of local law enforcement prior to June 1 of that year; and
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|
(2) what measures have been and are being taken to
|
| reduce that backlog and the estimated costs or expenditures in doing so.
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|
(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official website of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing:
(1) For biology submissions, report both total
|
| assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for:
|
|
(A) The number of assignments received in the
|
|
(B) The number of assignments completed in the
|
|
(C) The number of assignments awaiting analysis.
(D) The number of assignments sent for
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|
(E) The number of assignments awaiting analysis
|
| that were received within the past 30 days.
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|
(F) The number of assignments awaiting analysis
|
| that were received 31 to 90 days prior.
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|
(G) The number of assignments awaiting analysis
|
| that were received 91 to 180 days prior.
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|
(H) The number of assignments awaiting analysis
|
| that were received 181 to 365 days prior.
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|
(I) The number of assignments awaiting analysis
|
| that were received more than 365 days prior.
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|
(J) (Blank).
(2) (Blank).
(3) For all other categories of testing (e.g., drug
|
| chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, and trace chemistry analysis):
|
|
(A) The number of assignments received in the
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|
(B) The number of assignments completed in the
|
|
(C) The number of assignments awaiting analysis.
(D) The number of cases entered in the National
|
| Integrated Ballistic Information Network (NIBIN).
|
|
(E) The number of investigative leads developed
|
| from National Integrated Ballistic Information Network (NIBIN) analysis.
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|
(4) For the Combined DNA Index System (CODIS), report
|
| both total assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for subparagraphs (D), (E), and (F) of this paragraph (4):
|
|
(A) The number of new offender samples received
|
| in the preceding quarter.
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|
(B) The number of offender samples uploaded to
|
| CODIS in the preceding quarter.
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|
(C) The number of offender samples awaiting
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|
(D) The number of unknown DNA case profiles
|
| uploaded to CODIS in the preceding quarter.
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|
(E) The number of CODIS hits in the preceding
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|
(F) The number of forensic evidence submissions
|
| submitted to confirm a previously reported CODIS hit.
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|
(5) For each category of testing, report the number
|
| of trained forensic scientists and the number of forensic scientists in training.
|
|
As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(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.
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|
(2) The 2 prior convictions need not have been for
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|
(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.
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|
(4) This Section does not apply unless each of the
|
| following requirements are satisfied:
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|
(A) The third offense was committed after July 3,
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|
(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.
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|
(C) The third offense was committed after
|
| conviction on the second offense.
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|
(D) The second offense was committed after
|
| conviction on the first offense.
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|
(E) The first offense was committed when the
|
| person was 21 years of age or older.
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|
(5) Anyone who is 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.
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|
(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.
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|
(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.
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|
(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.
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|
(b) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible 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 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible 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 forcible felony was committed after
|
| February 1, 1978 (the effective date of Public Act 80-1099);
|
|
(2) the second forcible felony was committed after
|
|
(3) the third forcible felony was committed after
|
| conviction on the second; and
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|
(4) the first offense was committed when the person
|
| was 21 years of age or older.
|
|
(c) (Blank).
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 Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; 101-652, eff. 7-1-21 .)
|
(730 ILCS 5/5-4.5-105) Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. (a) On or after January 1, 2016 (the effective date of Public Act 99-69), when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing conducted under Section 5-4-1, shall consider the following additional factors in mitigation in determining the appropriate sentence: (1) the person's age, impetuosity, and level of |
| maturity at the time of the offense, including the ability to consider risks and consequences of behavior, and the presence of cognitive or developmental disability, or both, if any;
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|
(2) whether the person was subjected to outside
|
| pressure, including peer pressure, familial pressure, or negative influences;
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|
(3) the person's family, home environment,
|
| educational and social background, including any history of parental neglect, domestic or sexual violence, sexual exploitation, physical abuse, or other childhood trauma including adverse childhood experiences (or ACEs);
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|
(4) the person's potential for rehabilitation or
|
| evidence of rehabilitation, or both;
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|
(5) the circumstances of the offense;
(6) the person's degree of participation and specific
|
| role in the offense, including the level of planning by the defendant before the offense;
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|
(7) whether the person was able to meaningfully
|
| participate in his or her defense;
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|
(8) the person's prior juvenile or criminal history;
(9) the person's involvement in the child welfare
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|
(10) involvement of the person in the community;
(11) if a comprehensive mental health evaluation of
|
| the person was conducted by a qualified mental health professional, the outcome of the evaluation; and
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|
(12) any other information the court finds relevant
|
| and reliable, including an expression of remorse, if appropriate. However, if the person, on advice of counsel chooses not to make a statement, the court shall not consider a lack of an expression of remorse as an aggravating factor.
|
|
(b) The trial judge shall specify on the record its consideration of the factors under subsection (a) of this Section.
(c) Notwithstanding any other provision of law, if the court determines by clear and convincing evidence that the individual against whom the person is convicted of committing the offense previously committed a crime under Section 10-9, Section 11-1.20, Section 11-1.30, Section 11-1.40, Section 11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, Section 11-6.6, Section 11-9.1, Section 11-14.3, Section 11-14.4 or Section 11-18.1 of the Criminal Code of 2012 against the person within 3 years before the offense in which the person was convicted, the court may, in its discretion:
(1) transfer the person to juvenile court for
|
| sentencing under Section 5-710 of the Juvenile Court Act of 1987;
|
|
(2) depart from any mandatory minimum sentence,
|
| maximum sentence, or sentencing enhancement; or
|
|
(3) suspend any portion of an otherwise applicable
|
|
(d) Subsection (c) shall be construed as prioritizing the successful treatment and rehabilitation of persons under 18 years of age who are sex crime victims who commit acts of violence against their abusers. It is the General Assembly's intent that these persons be viewed as victims and provided treatment and services in the community and in the juvenile or family court system.
(e) Except as provided in subsections (f) and (g), the court may sentence the defendant to any disposition authorized for the class of the offense of which he or she was found guilty as described in Article 4.5 of this Code, and may, in its discretion, decline to impose any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(f) Notwithstanding any other provision of law, if the defendant is convicted of first degree murder and would otherwise be subject to sentencing under clause (iii), (iv), (v), or (vii) of subparagraph (c) of paragraph (1) of subsection (a) of Section 5-8-1 of this Code based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment, except for persons convicted of first degree murder where subsection (c) applies. In addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense included in subsection (d) of Section 5-8-1.
(g) Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor subject to this Code or against the minor's parent, guardian, or legal custodian. For the purposes of this subsection (g), "minor" has the meaning provided in Section 1-3 of the Juvenile Court Act of 1987 and includes any minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987.
(Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
|
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c)(1) (Blank).
(2) A period of probation, a term of periodic imprisonment or
conditional discharge shall not be imposed for the following offenses.
The court shall sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following offenses, and
may order a fine or restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the |
| Illinois Controlled Substances Act, or a violation of subdivision (c)(1.5) of Section 401 of that Act which relates to more than 5 grams of a substance containing fentanyl or an analog thereof.
|
|
(D-5) A violation of subdivision (c)(1) of Section
|
| 401 of the Illinois Controlled Substances Act which relates to 3 or more grams of a substance containing heroin or an analog thereof.
|
|
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
|
| been convicted of a Class 1 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 1 or greater felony) classified as a Class 1 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.
|
|
(F-3) A Class 2 or greater felony sex offense or
|
| felony firearm offense if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.
|
|
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
|
| of the Criminal Code of 1961 or the Criminal Code of 2012 for which imprisonment is prescribed in those Sections.
|
|
(G) Residential burglary, except as otherwise
|
| provided in Section 40-10 of the Substance Use Disorder Act.
|
|
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
|
| described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(J) A forcible felony if the offense was related to
|
| the activities of an organized gang.
|
|
Before July 1, 1994, for the purposes of this
|
| paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.
|
|
Beginning July 1, 1994, for the purposes of this
|
| paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
|
|
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
|
| of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
|
|
(M) A second or subsequent conviction for the offense
|
| of institutional vandalism if the damage to the property exceeds $300.
|
|
(N) A Class 3 felony violation of paragraph (1) of
|
| subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
|
|
(O) A violation of Section 12-6.1 or 12-6.5 of the
|
| Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(P) A violation of paragraph (1), (2), (3), (4), (5),
|
| or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(P-5) A violation of paragraph (6) of subsection (a)
|
| of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 if the victim is a household or family member of the defendant.
|
|
(Q) A violation of subsection (b) or (b-5) of Section
|
| 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(R) A violation of Section 24-3A of the Criminal Code
|
| of 1961 or the Criminal Code of 2012.
|
|
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
|
| of the Illinois Vehicle Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
|
|
(V) A violation of paragraph (4) of subsection (c)
|
| of Section 11-20.1B or paragraph (4) of subsection (c) of Section 11-20.3 of the Criminal Code of 1961, or paragraph (6) of subsection (a) of Section 11-20.1 of the Criminal Code of 2012 when the victim is under 13 years of age and the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses.
|
|
(W) A violation of Section 24-3.5 of the Criminal
|
| Code of 1961 or the Criminal Code of 2012.
|
|
(X) A violation of subsection (a) of Section 31-1a
|
| of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(Y) A conviction for unlawful possession of a
|
| firearm by a street gang member when the firearm was loaded or contained firearm ammunition.
|
|
(Z) A Class 1 felony committed while he or she was
|
| serving a term of probation or conditional discharge for a felony.
|
|
(AA) Theft of property exceeding $500,000 and not
|
| exceeding $1,000,000 in value.
|
|
(BB) Laundering of criminally derived property of a
|
| value exceeding $500,000.
|
|
(CC) Knowingly selling, offering for sale, holding
|
| for sale, or using 2,000 or more counterfeit items or counterfeit items having a retail value in the aggregate of $500,000 or more.
|
|
(DD) A conviction for aggravated assault under
|
| paragraph (6) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012 if the firearm is aimed toward the person against whom the firearm is being used.
|
|
(EE) A conviction for a violation of paragraph (2) of
|
| subsection (a) of Section 24-3B of the Criminal Code of 2012.
|
|
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be imposed for a
violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a
minimum of
100 hours of community service shall be imposed for a second violation of
Section 6-303
of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.4) Except as provided in paragraphs
(4.5), (4.6), and (4.9) of this
subsection (c), a
minimum term of imprisonment of 30 days or 300 hours of community service, as
determined by the court, shall
be imposed
for a third or subsequent violation of Section 6-303 of the Illinois Vehicle
Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a
fourth or subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
|
|
(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or privileges
suspended for at least 90 days but not more than one year, if the violation
resulted in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code
shall have his or her driver's license, permit, or privileges suspended for at
least 180 days but not more than 2 years, if the violation resulted in injury
to
another person.
(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation resulted in the
death of another person.
(5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense of ritualized
abuse of a child may be sentenced to a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a first offense
and $2,000 for a second or subsequent offense upon a person convicted of or
placed on supervision for battery when the individual harmed was a sports
official or coach at any level of competition and the act causing harm to the
sports
official or coach occurred within an athletic facility or within the immediate vicinity
of the athletic facility at which the sports official or coach was an active
participant
of the athletic contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an athletic contest
who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the sanctioning
authority that conducted the sporting event.
(12) A person may not receive a disposition of court supervision for a
violation of Section 5-16 of the Boat Registration and Safety Act if that
person has previously received a disposition of court supervision for a
violation of that Section.
(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court. The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is vacated,
the case shall be remanded to the trial court. The trial court shall
hold a hearing under Section 5-4-1 of this Code
which may include evidence of the defendant's life, moral character and
occupation during the time since the original sentence was passed. The
trial court shall then impose sentence upon the defendant. The trial
court may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this Code.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the
existence of a fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for
aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant
who was a family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
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|
(A) the defendant is willing to undergo a court
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| approved counseling program for a minimum duration of 2 years; or
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|
(B) the defendant is willing to participate in a
|
| court approved plan, including, but not limited to, the defendant's:
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|
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
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|
(iv) restitution for harm done to the victim;
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|
(v) compliance with any other measures that
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| the court may deem appropriate; and
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(2) the court orders the defendant to pay for the
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| victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
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|
Probation may be revoked or modified pursuant to Section 5-6-4; except
where the court determines at the hearing that the defendant violated a
condition of his or her probation restricting contact with the victim or
other family members or commits another offense with the victim or other
family members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim" shall have
the meanings ascribed to them in Section 11-0.1 of the Criminal Code of
2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012,
the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency syndrome
(AIDS). Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the conviction was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of the test results. The court shall
also notify the victim if requested by the victim, and if the victim is under
the age of 15 and if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of the test
results.
The court shall provide information on the availability of HIV testing
and counseling at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible.
The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne communicable disease, as
determined by the Illinois Department of Public Health, including, but not
limited to, tuberculosis, the results of the test shall be
personally delivered by the warden or his or her designee in a sealed envelope
to the judge of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to prevent transmission
of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under Section 1 or 2
of the Hypodermic Syringes and Needles Act, the defendant shall undergo
medical testing to determine whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by
law, the results of such test shall be kept strictly confidential by all
medical personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction was entered
for the judge's inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The court shall
notify the defendant of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide information on the
availability of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are revealed and
shall direct the State's Attorney to provide the information to the victim when
possible. The court shall order that the cost of any
such test shall be paid by the county and may be taxed as costs against the
convicted defendant.
(i) All fines and penalties imposed under this Section for any violation
of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation
of the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit
clerk as provided under the Criminal and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act,
any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the Child Care
Act of 1969, a public or private elementary or secondary school, or otherwise
works with children under 18 years of age on a daily basis. When a defendant
is so employed, the court shall order the Clerk of the Court to send a copy of
the judgment of conviction or order of supervision or probation to the
defendant's employer by certified mail.
If the employer of the defendant is a school, the Clerk of the Court shall
direct the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional superintendent of schools.
The regional superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a felony and
who has not been previously convicted of a misdemeanor or felony and who is
sentenced to a term of imprisonment in the Illinois Department of Corrections
shall as a condition of his or her sentence be required by the court to attend
educational courses designed to prepare the defendant for a high school diploma
and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational training
required by his or her sentence during the term of incarceration, the Prisoner
Review Board shall, as a condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing. The Prisoner Review Board shall
revoke the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release term; however,
the inability of the defendant after making a good faith effort to obtain
financial aid or pay for the educational training shall not be deemed a wilful
failure to comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under this subsection
(j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by
the court to be a person with a developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l)(A) Except as provided
in paragraph (C) of subsection (l), whenever a defendant,
who is not a citizen or national of the United States, is convicted
of any felony or misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported when:
(1) a final order of deportation has been issued
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| against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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|
(2) the deportation of the defendant would not
|
| deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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|
Otherwise, the defendant shall be sentenced as provided in this Chapter V.
(B) If the defendant has already been sentenced for a felony or
misdemeanor
offense, or has been placed on probation under Section 10 of the Cannabis
Control Act,
Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court
may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the Attorney General
of the United States or his or her designated agent when:
(1) a final order of deportation has been issued
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| against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
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|
(2) the deportation of the defendant would not
|
| deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
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|
(C) This subsection (l) does not apply to offenders who are subject to the
provisions of paragraph (2) of subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant sentenced under
this Section returns to the jurisdiction of the United States, the defendant
shall be recommitted to the custody of the county from which he or she was
sentenced.
Thereafter, the defendant shall be brought before the sentencing court, which
may impose any sentence that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be eligible for
additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property under Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300
and the property damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for that program
under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an annual basis in accordance with the provisions of license renewal established by the Secretary of State.
(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 1-1-24 .)
|
(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.
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|
(2) The defendant did not contemplate that his
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| criminal conduct would cause or threaten serious physical harm to another.
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|
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse
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| or justify the defendant's criminal conduct, though failing to establish a defense.
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|
(5) The defendant's criminal conduct was induced or
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| facilitated by someone other than the defendant.
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|
(6) The defendant has compensated or will compensate
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| the victim of his criminal conduct for the damage or injury that he sustained.
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(7) The defendant has no history of prior delinquency
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| or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.
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(8) The defendant's criminal conduct was the result
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| of circumstances unlikely to recur.
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|
(9) The character and attitudes of the defendant
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| indicate that he is unlikely to commit another crime.
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|
(10) The defendant is particularly likely to comply
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| with the terms of a period of probation.
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|
(11) (Blank).
(12) The imprisonment of the defendant would endanger
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| his or her medical condition.
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(13) The defendant was a person with an intellectual
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| disability as defined in Section 5-1-13 of this Code.
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|
(14) The defendant sought or obtained emergency
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| 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.
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(15) At the time of the offense, the defendant is or
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| 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.
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(16) At the time of the offense, the defendant was
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| 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.
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|
(17) At the time of the offense, the defendant was
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| suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial. In this paragraph (17):
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|
"Post-partum depression" means a mood disorder
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| which strikes many women during and after pregnancy which usually occurs during pregnancy and up to 12 months after delivery. This depression can include anxiety disorders.
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|
"Post-partum psychosis" means an extreme form of
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| post-partum depression which can occur during pregnancy and up to 12 months after delivery. This can include losing touch with reality, distorted thinking, delusions, auditory and visual hallucinations, paranoia, hyperactivity and rapid speech, or mania.
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(18) The defendant is pregnant or is the parent of a
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| child or infant whose well-being will be negatively affected by the parent's absence. Circumstances to be considered in assessing this factor in mitigation include:
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(A) that the parent is breastfeeding the child;
(B) the age of the child, with strong
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| consideration given to avoid disruption of the caregiving of an infant, pre-school or school-age child by a parent;
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(C) the role of the parent in the day-to-day
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| educational and medical needs of the child;
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(D) the relationship of the parent and the child;
(E) any special medical, educational, or
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| psychological needs of the child;
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(F) the role of the parent in the financial
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(G) the likelihood that the child will be
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| adjudged a dependent minor under Section 2-4 and declared a ward of the court under Section 2-22 of the Juvenile Court Act of 1987;
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|
(H) the best interest of the child.
Under this Section, the defendant shall have the
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| right to present a Family Impact Statement at sentencing, which the court shall consider in favor of withholding or minimizing a sentence of imprisonment prior to imposing any sentence and may include testimony from family and community members, written statements, video, and documentation. Unless the court finds that the parent poses a significant risk to the community that outweighs the risk of harm from the parent's removal from the family, the court shall impose a sentence in accordance with subsection (b) that allows the parent to continue to care for the child or children.
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(19) The defendant serves as the caregiver for a
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| relative who is ill, disabled, or elderly.
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|
(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. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22 .)
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(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing.
(a) The following factors shall be accorded weight in favor of
imposing a term of imprisonment or may be considered by the court as reasons
to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened |
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(2) the defendant received compensation for
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|
(3) the defendant has a history of prior delinquency
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|
(4) the defendant, by the duties of his office or by
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| his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;
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|
(5) the defendant held public office at the time of
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| the offense, and the offense related to the conduct of that office;
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|
(6) the defendant utilized his professional
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| reputation or position in the community to commit the offense, or to afford him an easier means of committing it;
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|
(7) the sentence is necessary to deter others from
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| committing the same crime;
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|
(8) the defendant committed the offense against a
|
| person 60 years of age or older or such person's property;
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|
(9) the defendant committed the offense against a
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| person who has a physical disability or such person's property;
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|
(10) by reason of another individual's actual or
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| perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act;
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|
(11) the offense took place in a place of worship or
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| on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;
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|
(12) the defendant was convicted of a felony
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| committed while he was on pretrial release or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5-8-1 for a prior felony;
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|
(13) the defendant committed or attempted to commit a
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| felony while he was wearing a bulletproof vest. For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;
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|
(14) the defendant held a position of trust or
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| supervision such as, but not limited to, family member as defined in Section 11-0.1 of the Criminal Code of 2012, teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 against that victim;
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|
(15) the defendant committed an offense related to
|
| the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act;
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|
(16) the defendant committed an offense in violation
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| of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;
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|
(16.5) the defendant committed an offense in
|
| violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;
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|
(17) the defendant committed the offense 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 2012;
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|
(18) the defendant committed the offense in a nursing
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| home or on the real property comprising a nursing home. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
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|
(19) the defendant was a federally licensed firearm
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| dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while armed with a firearm;
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|
(20) the defendant (i) committed the offense of
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| reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;
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|
(21) the defendant (i) committed the offense of
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| reckless driving or aggravated reckless driving under Section 11-503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;
|
|
(22) the defendant committed the offense against a
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| person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United States serving on active duty. For purposes of this clause (22), the term "Armed Forces" means any of the Armed Forces of the United States, including a member of any reserve component thereof or National Guard unit called to active duty;
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|
(23) the defendant committed the offense against a
|
| person who was elderly or infirm or who was a person with a disability by taking advantage of a family or fiduciary relationship with the elderly or infirm person or person with a disability;
|
|
(24) the defendant committed any offense under
|
| Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 and possessed 100 or more images;
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|
(25) the defendant committed the offense while the
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| defendant or the victim was in a train, bus, or other vehicle used for public transportation;
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|
(26) the defendant committed the offense of child
|
| pornography or aggravated child pornography, specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminal Code of 1961 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context;
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|
(27) the defendant committed the offense of first
|
| degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization. For the purposes of this paragraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces; and "veterans' organization" means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit;
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|
(28) the defendant committed the offense of assault,
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| aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person that the defendant knew or reasonably should have known was a letter carrier or postal worker while that person was performing his or her duties delivering mail for the United States Postal Service;
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|
(29) the defendant committed the offense of criminal
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| sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse against a victim with an intellectual disability, and the defendant holds a position of trust, authority, or supervision in relation to the victim;
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|
(30) the defendant committed the offense of promoting
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| juvenile prostitution, patronizing a prostitute, or patronizing a minor engaged in prostitution and at the time of the commission of the offense knew that the prostitute or minor engaged in prostitution was in the custody or guardianship of the Department of Children and Family Services;
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|
(31) the defendant (i) committed the offense of
|
| driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite direction of the direction indicated by official traffic control devices;
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|
(32) the defendant committed the offense of reckless
|
| homicide while committing a violation of Section 11-907 of the Illinois Vehicle Code;
|
|
(33) the defendant was found guilty of an
|
| administrative infraction related to an act or acts of public indecency or sexual misconduct in the penal institution. In this paragraph (33), "penal institution" has the same meaning as in Section 2-14 of the Criminal Code of 2012; or
|
|
(34) the defendant committed the offense of leaving
|
| the scene of a crash in violation of subsection (b) of Section 11-401 of the Illinois Vehicle Code and the crash resulted in the death of a person and at the time of the offense, the defendant was: (i) driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof as defined by Section 11-501 of the Illinois Vehicle Code; or (ii) operating the motor vehicle while using an electronic communication device as defined in Section 12-610.2 of the Illinois Vehicle Code.
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|
For the purposes of this Section:
"School" is defined as a public or private
elementary or secondary school, community college, college, or university.
"Day care center" means a public or private State certified and
licensed day care center as defined in Section 2.09 of the Child Care Act of
1969 that displays a sign in plain view stating that the
property is a day care center.
"Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently
with impairment in adaptive behavior.
"Public transportation" means the transportation
or conveyance of persons by means available to the general public, and includes paratransit services.
"Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
upon any offender:
(1) When a defendant is convicted of any felony,
|
| after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
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|
(2) When a defendant is convicted of any felony and
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| the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or
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|
(3) When a defendant is convicted of any felony
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|
(i) a person under 12 years of age at the time of
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| the offense or such person's property;
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|
(ii) a person 60 years of age or older at the
|
| time of the offense or such person's property; or
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|
(iii) a person who had a physical disability at
|
| the time of the offense or such person's property; or
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|
(4) When a defendant is convicted of any felony and
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| the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:
|
|
(i) the brutalizing or torturing of humans or
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|
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
|
| fraternal, business, governmental, educational, or other building or property; or
|
|
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
|
| than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or
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|
(6) When a defendant is convicted of an offense
|
| committed while using a firearm with a laser sight attached to it. For purposes of this paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or
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|
(7) When a defendant who was at least 17 years of age
|
| at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or
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|
(8) When a defendant commits any felony and the
|
| defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged; or
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|
(9) When a defendant commits any felony and the
|
| defendant knowingly video or audio records the offense with the intent to disseminate the recording.
|
|
(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
|
| murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and the charges are separately brought and tried and arise out of different series of acts.
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|
(1.5) When a defendant is convicted of first degree
|
| murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated domestic battery (720 ILCS 5/12-3.3) committed on the same victim or after having been previously convicted of violation of an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person.
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|
(2) When a defendant is convicted of voluntary
|
| manslaughter, second degree murder, involuntary manslaughter, or reckless homicide in which the defendant has been convicted of causing the death of more than one individual.
|
|
(3) When a defendant is convicted of aggravated
|
| criminal sexual assault or criminal sexual assault, when there is a finding that aggravated criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective.
|
|
(4) If the victim was under 18 years of age at the
|
| time of the commission of the offense, when a defendant is convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 11-1.40 or subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
|
|
(5) When a defendant is convicted of a felony
|
| violation of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a finding that the defendant is a member of an organized gang.
|
|
(6) When a defendant was convicted of unlawful use
|
| of weapons under Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing a weapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
|
|
(7) When a defendant is convicted of an offense
|
| involving the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25), or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense. In this paragraph, "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" means a peace officer, community policing volunteer, fireman, emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel.
|
|
(8) When the defendant is convicted of attempted mob
|
| action, solicitation to commit mob action, or conspiracy to commit mob action under Section 8-1, 8-2, or 8-4 of the Criminal Code of 2012, where the criminal object is a violation of Section 25-1 of the Criminal Code of 2012, and an electronic communication is used in the commission of the offense. For the purposes of this paragraph (8), "electronic communication" shall have the meaning provided in Section 26.5-0.1 of the Criminal Code of 2012.
|
|
(d) For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21; 102-982, eff. 7-1-23 .)
|
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) Sec. 5-5-5. Loss and restoration of rights. (a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended. (b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence. (b-5) Notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous crime for an offense committed on or after the effective date of this amendatory Act of the 103rd General Assembly and committed while he or she was serving as a public official in this State is ineligible to hold any local public office or any office created by the Constitution of this State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law. (c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment. (d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code. (e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion. (f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order. (g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense. (h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless: (1) there is a direct relationship between one or |
| more of the previous criminal offenses and the specific license sought; or
|
|
(2) the issuance of the license would involve an
|
| unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
|
|
In making such a determination, the licensing agency shall consider the following factors:
(1) the public policy of this State, as expressed in
|
| Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
|
|
(2) the specific duties and responsibilities
|
| necessarily related to the license being sought;
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|
(3) the bearing, if any, the criminal offenses or
|
| offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
|
|
(4) the time which has elapsed since the occurrence
|
| of the criminal offense or offenses;
|
|
(5) the age of the person at the time of occurrence
|
| of the criminal offense or offenses;
|
|
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or
|
| produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and
|
|
(8) the legitimate interest of the licensing agency
|
| in protecting property, and the safety and welfare of specific individuals or the general public.
|
|
(i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:
(1) the Animal Welfare Act; except that a certificate
|
| of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012;
|
|
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair
|
| Braiding, and Nail Technology Act of 1985;
|
|
(4) the Boiler and Pressure Vessel Repairer
|
|
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
|
|
(7) the Illinois Farm Labor Contractor Certification
|
|
(8) the Registered Interior Designers Act;
(9) the Illinois Professional Land Surveyor Act of
|
|
(10) the Landscape Architecture Registration Act;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
|
| Professional Counselor Licensing and Practice Act;
|
|
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
|
|
(17) the Water Well and Pump Installation
|
| Contractor's License Act;
|
|
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
|
|
(23) the Funeral Directors and Embalmers Licensing
|
|
(24) (blank);
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
|
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation of the Criminal
Code of 1961 or the Criminal Code of 2012 or of Section 11-501 of the Illinois Vehicle Code in which the person received any injury to his or her person or damage
to his or her real or personal property as a result of the criminal act of the
defendant, the court shall order restitution as provided in this Section. In
all other cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine whether restitution
is an appropriate sentence to be imposed on each defendant convicted of an
offense. If the court determines that an order directing the offender to make
restitution is appropriate, the offender may be sentenced to make restitution.
The court may consider restitution an appropriate sentence to be imposed on each defendant convicted of an offense in addition to a sentence of imprisonment. The sentence of the defendant to a term of imprisonment is not a mitigating factor that prevents the court from ordering the defendant to pay restitution. If
the offender is sentenced to make restitution the Court shall determine the
restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall |
| determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out-of-pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article 5 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(b) In fixing the amount of restitution to be paid in
|
| cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out-of-pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out-of-pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering. When a victim's out-of-pocket expenses have been paid pursuant to the Crime Victims Compensation Act, the court shall order restitution be paid to the compensation program. If a defendant is placed on supervision for, or convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic violence shelter in which the victim and any other family or household members lived because of the domestic battery. The amount of the restitution shall equal the actual expenses of the domestic violence shelter in providing housing and any other services for the victim and any other family or household members living at the shelter. If a defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of a defendant to the extent necessary to satisfy the order of restitution and dispose of the property by public sale. All proceeds from such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years of age was present and witnessed the domestic battery of the victim, is liable to pay restitution for the cost of any counseling required for the child at the discretion of the court.
|
|
(c) In cases where more than one defendant is
|
| accountable for the same criminal conduct that results in out-of-pocket expenses, losses, damages, or injuries, each defendant shall be ordered to pay restitution in the amount of the total actual out-of-pocket expenses, losses, damages, or injuries to the victim proximately caused by the conduct of all of the defendants who are legally accountable for the offense.
|
|
(1) In no event shall the victim be entitled to
|
| recover restitution in excess of the actual out-of-pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants.
|
|
(2) As between the defendants, the court may
|
| apportion the restitution that is payable in proportion to each co-defendant's culpability in the commission of the offense.
|
|
(3) In the absence of a specific order
|
| apportioning the restitution, each defendant shall bear his pro rata share of the restitution.
|
|
(4) As between the defendants, each defendant
|
| shall be entitled to a pro rata reduction in the total restitution required to be paid to the victim for amounts of restitution actually paid by co-defendants, and defendants who shall have paid more than their pro rata share shall be entitled to refunds to be computed by the court as additional amounts are paid by co-defendants.
|
|
(d) In instances where a defendant has more than one
|
| criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State's Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.
|
|
(e) The court may require the defendant to apply the
|
| balance of the cash bond, after payment of court costs, and any fine that may be imposed to the payment of restitution.
|
|
(f) Taking into consideration the ability of the
|
| defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012, or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
|
|
(f-1)(1) In addition to any other penalty prescribed
|
| by law and any restitution ordered under this Section that did not include long-term physical health care costs, the court may, upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim in accordance with the provisions of this subsection (f-1) if the victim has suffered physical injury as a result of the offense that is reasonably probable to require or has required long-term physical health care for more than 3 months. As used in this subsection (f-1), "long-term physical health care" includes mental health care.
|
|
(2) The victim's estimate of long-term physical
|
| health care costs may be made as part of a victim impact statement under Section 6 of the Rights of Crime Victims and Witnesses Act or made separately. The court shall enter the long-term physical health care restitution order at the time of sentencing. An order of restitution made under this subsection (f-1) shall fix a monthly amount to be paid by the defendant for as long as long-term physical health care of the victim is required as a result of the offense. The order may exceed the length of any sentence imposed upon the defendant for the criminal activity. The court shall include as a special finding in the judgment of conviction its determination of the monthly cost of long-term physical health care.
|
|
(3) After a sentencing order has been entered, the
|
| court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, enter an order for restitution for long-term physical care or modify the existing order for restitution for long-term physical care as to the amount of monthly payments. Any modification of the order shall be based only upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
|
|
(g) In addition to the sentences provided for in
|
| Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, the court may order any person who is convicted of violating any of those Sections or who was charged with any of those offenses and which charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section to meet all or any portion of the financial obligations of treatment, including but not limited to medical, psychiatric, or rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the offense.
|
|
The payments shall be made by the defendant to the
|
| clerk of the circuit court and transmitted by the clerk to the appropriate person or agency as directed by the court. Except as otherwise provided in subsection (f-1), the order may require such payments to be made for a period not to exceed 5 years after sentencing, not including periods of incarceration.
|
|
(h) The judge may enter an order of withholding to
|
| collect the amount of restitution owed in accordance with Part 8 of Article XII of the Code of Civil Procedure.
|
|
(i) A sentence of restitution may be modified or
|
| revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentence to make restitution shall be revoked unless the court shall find that the offender has had the financial ability to make restitution, and he has wilfully refused to do so. When the offender's ability to pay restitution was established at the time an order of restitution was entered or modified, or when the offender's ability to pay was based on the offender's willingness to make restitution as part of a plea agreement made at the time the order of restitution was entered or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the order of restitution was entered or modified regarding the offender's ability or willingness to pay restitution have not materially changed. If the court shall find that the defendant has failed to make restitution and that the failure is not wilful, the court may impose an additional period of time within which to make restitution. The length of the additional period shall not be more than 2 years. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during the additional period.
|
|
(j) The procedure upon the filing of a Petition to
|
| Revoke a sentence to make restitution shall be the same as the procedures set forth in Section 5-6-4 of this Code governing violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
|
|
(k) Nothing contained in this Section shall preclude
|
| the right of any party to proceed in a civil action to recover for any damages incurred due to the criminal misconduct of the defendant.
|
|
(l) Restitution ordered under this Section shall not
|
| be subject to disbursement by the circuit clerk under the Criminal and Traffic Assessment Act.
|
|
(m) A restitution order under this Section is a
|
| judgment lien in favor of the victim that:
|
|
(1) Attaches to the property of the person
|
|
(2) May be perfected in the same manner as
|
| provided in Part 3 of Article 9 of the Uniform Commercial Code;
|
|
(3) May be enforced to satisfy any payment that
|
| is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and
|
|
(4) Expires in the same manner as a judgment lien
|
| created in a civil proceeding.
|
|
When a restitution order is issued under this
|
| Section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
|
|
(n) An order of restitution under this Section does
|
| not bar a civil action for:
|
|
(1) Damages that the court did not require the
|
| person to pay to the victim under the restitution order but arise from an injury or property damages that is the basis of restitution ordered by the court; and
|
|
(2) Other damages suffered by the victim.
The restitution order is not discharged by the
completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the
liquidation of a person's estate by a receiver. A restitution order under
this Section may be enforced in the same manner as judgment liens are
enforced under Article XII of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil Procedure,
providing for interest on judgments, apply to judgments for restitution entered
under this Section.
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
|
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of probation and of conditional
discharge and disposition of supervision.
The General Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system of
structured, intermediate sanctions for violations of the terms and conditions
of a sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence
of probation or conditional discharge upon an offender
unless, having regard to the nature and circumstance of
the offense, and to the history, character and condition
of the offender, the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is |
| necessary for the protection of the public; or
|
|
(2) probation or conditional discharge would
|
| deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
|
|
(3) a combination of imprisonment with concurrent or
|
| consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
|
|
The court shall impose as a condition of a sentence of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-6-4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion
that neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply to a defendant charged with a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the defendant within the past 12 months has been convicted of or pleaded guilty to a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision of the defendant,
if the defendant is not charged with: (i) a Class A misdemeanor, as
defined by the following provisions of the Criminal Code of 1961 or the Criminal Code of 2012: Sections
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section
24-1; (ii) a Class A misdemeanor violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or (iii)
a felony.
If the defendant
is not barred from receiving an order for supervision as provided in this
subsection, 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 offender is not likely to commit further
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|
(2) the defendant and the public would be best served
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| if the defendant were not to receive a criminal record; and
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|
(3) in the best interests of justice an order of
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| supervision is more appropriate than a sentence otherwise permitted under this Code.
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|
(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(d) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of
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| the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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|
(2) assigned supervision for a violation of Section
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| 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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|
(3) pleaded guilty to or stipulated to the facts
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| supporting a charge or a finding of guilty to a violation of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
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|
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this Section.
(e) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Section 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16-25 or
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| 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012; or
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|
(2) assigned supervision for a violation of Section
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| 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012.
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|
The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(f) The provisions of paragraph (c) shall not apply to a defendant
charged with: (1) violating Sections 15-111, 15-112, 15-301, paragraph (b)
of Section 6-104, Section 11-605, paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a similar provision of a local ordinance; or (2) committing a Class A misdemeanor under subsection (c) of Section 11-907 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this Section, the
provisions of paragraph (c) shall not apply to a
defendant charged with violating Section
3-707, 3-708, 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar provision of a local ordinance if the
defendant has within the last 5 years been:
(1) convicted for a violation of Section 3-707,
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| 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
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|
(2) assigned supervision for a violation of Section
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| 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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|
The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(h) The provisions of paragraph (c) shall not apply to a defendant under
the age of 21 years charged with violating a serious traffic offense as defined
in Section 1-187.001 of the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
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| penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision; or
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|
(2) if the defendant has previously been sentenced
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| under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1-187.001 of the Illinois Vehicle Code.
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|
(h-1) The provisions of paragraph (c) shall not apply to a defendant under the age of 21 years charged with an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, unless the defendant, upon payment of the fines, penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has been assigned supervision
for a violation of Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
Section 6-303 of the Illinois Vehicle Code or a similar provision of
a local ordinance when the revocation or suspension was for a violation of
Section 11-501 or a similar provision of a local ordinance or a violation of
Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle
Code if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6-303 of the
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| Illinois Vehicle Code or a similar provision of a local ordinance; or
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|
(2) assigned supervision for a violation of Section
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| 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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|
(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant's arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance.
The provisions of this paragraph (k) do not apply to a defendant charged with violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(l) (Blank).
(m) (Blank).
(n)
The provisions of paragraph (c) shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant's parent or legal guardian, executed before the presiding judge. The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.
(o)
The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the suspension was for a violation of Section 11-501.1 of the Illinois Vehicle Code and when:
(1) at the time of the violation of Section 11-501.1
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| of the Illinois Vehicle Code, the defendant was a first offender pursuant to Section 11-500 of the Illinois Vehicle Code and the defendant failed to obtain a monitoring device driving permit; or
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|
(2) at the time of the violation of Section 11-501.1
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| of the Illinois Vehicle Code, the defendant was a first offender pursuant to Section 11-500 of the Illinois Vehicle Code, had subsequently obtained a monitoring device driving permit, but was driving a vehicle not equipped with a breath alcohol ignition interlock device as defined in Section 1-129.1 of the Illinois Vehicle Code.
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(p) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-601.5 of
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| the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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|
(2) assigned supervision for a violation of Section
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| 11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state.
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|
(q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 or Section 11-601.5 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed that is 26 miles per hour or more in excess of the applicable maximum speed limit established under Chapter 11 of the Illinois Vehicle Code.
(r) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance if the violation was the proximate cause of the death of another and the defendant's driving abstract contains a prior conviction or disposition of court supervision for any violation of the Illinois Vehicle Code, other than an equipment violation, or a suspension, revocation, or cancellation of the driver's license.
(s) The provisions of paragraph (c) shall not apply to a defendant charged
with violating subsection (i) of Section 70 of the Firearm Concealed Carry Act.
(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20 .)
|
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) Sec. 5-6-3. Conditions of probation and of conditional discharge. (a) The conditions of probation and of conditional discharge shall be that the person: (1) not violate any criminal statute of any |
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(2) report to or appear in person before such person
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| or agency as directed by the court. To comply with the provisions of this paragraph (2), in lieu of requiring the person on probation or conditional discharge to appear in person for the required reporting or meetings, the officer may utilize technology, including cellular and other electronic communication devices or platforms, that allow for communication between the supervised person and the officer in accordance with standards and guidelines established by the Administrative Office of the Illinois Courts;
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|
(3) refrain from possessing a firearm or other
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| dangerous weapon where the offense is a felony or, if a misdemeanor, the offense involved the intentional or knowing infliction of bodily harm or threat of bodily harm;
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|
(4) not leave the State without the consent of the
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| court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit him at his
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| home or elsewhere to the extent necessary to discharge his duties;
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|
(6) perform no less than 30 hours of community
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| service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
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(7) if he or she is at least 17 years of age and has
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| been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7). The court shall revoke the probation or conditional discharge of a person who willfully fails to comply with this paragraph (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5-6-4. This paragraph (7) does not apply to a person who has a high school diploma or has successfully passed high school equivalency testing. This paragraph (7) does not apply to a person who is determined by the court to be a person with a developmental disability or otherwise mentally incapable of completing the educational or vocational program;
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|
(8) if convicted of possession of a substance
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| prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
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|
(8.5) if convicted of a felony sex offense as defined
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| in the Sex Offender Management Board Act, the person shall undergo and successfully complete sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act;
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(8.6) if convicted of a sex offense as defined in the
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| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders;
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(8.7) if convicted for an offense committed on or
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| after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (8.7), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
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(8.8) if convicted for an offense under Section 11-6,
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| 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):
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(i) not access or use a computer or any other
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| device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;
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|
(ii) submit to periodic unannounced examinations
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| of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
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|
(iii) submit to the installation on the
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| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
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|
(iv) submit to any other appropriate restrictions
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| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer;
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(8.9) if convicted of a sex offense as defined in the
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| Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
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|
(9) if convicted of a felony or of any misdemeanor
|
| violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 that was determined, pursuant to Section 112A-11.1 of the Code of Criminal Procedure of 1963, to trigger the prohibitions of 18 U.S.C. 922(g)(9), physically surrender at a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession. The Court shall return to the Illinois State Police Firearm Owner's Identification Card Office the person's Firearm Owner's Identification Card;
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(10) if convicted of a sex offense as defined in
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| subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
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|
(11) if convicted of a sex offense as defined in
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| Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
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|
(12) if convicted of a violation of the
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| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense:
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|
(A) prohibited from purchasing, possessing, or
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| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
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|
(B) prohibited from purchasing, possessing, or
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| having under his or her control any product containing ammonium nitrate; and
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|
(13) if convicted of a hate crime involving the
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| protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes that includes racial, ethnic, and cultural sensitivity training ordered by the court.
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|
(b) The Court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the Court require that the person:
(1) serve a term of periodic imprisonment under
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| Article 7 for a period not to exceed that specified in paragraph (d) of Section 5-7-1;
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|
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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|
(4) undergo medical, psychological or psychiatric
|
| treatment; or treatment for drug addiction or alcoholism;
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|
(5) attend or reside in a facility established for
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| the instruction or residence of defendants on probation;
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|
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his
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| own support at home or in a foster home;
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|
(v) with the consent of the superintendent of the
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| facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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|
(8) make restitution as provided in Section 5-5-6 of
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|
(9) perform some reasonable public or community
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|
(10) serve a term of home confinement. In addition to
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| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
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|
(i) remain within the interior premises of the
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| place designated for his confinement during the hours designated by the court;
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|
(ii) admit any person or agent designated by the
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| court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
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|
(iii) if further deemed necessary by the court or
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| the probation or court services department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
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|
(iv) for persons convicted of any alcohol,
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| cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.
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|
The Chief Judge of the circuit court of the
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| county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
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|
The Chief Judge of the circuit court may suspend
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| any additional charges or fees for late payment, interest, or damage to any device; and
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|
(v) for persons convicted of offenses other than
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| those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the probation and court services fund. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
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|
The Chief Judge of the circuit court may suspend
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| any additional charges or fees for late payment, interest, or damage to any device.
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|
(11) comply with the terms and conditions of an order
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| of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
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|
(12) reimburse any "local anti-crime program" as
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| defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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|
(13) contribute a reasonable sum of money, not to
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| exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;
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|
(14) refrain from entering into a designated
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| geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
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|
(15) refrain from having any contact, directly or
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| indirectly, with certain specified persons or particular types of persons, including, but not limited to, members of street gangs and drug users or dealers;
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|
(16) refrain from having in his or her body the
|
| presence of any illicit drug prohibited by the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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|
(17) if convicted for an offense committed on or
|
| after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (17), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
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|
(18) if convicted for an offense committed on or
|
| after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the subject's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer; and
|
|
(19) refrain from possessing a firearm or other
|
| dangerous weapon where the offense is a misdemeanor that did not involve the intentional or knowing infliction of bodily harm or threat of bodily harm.
|
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(c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If such person is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional discharge shall be given a certificate setting forth the conditions thereof.
(e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months. This 6-month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections.
(f) The court may combine a sentence of periodic imprisonment under Article 7 or a sentence to a county impact incarceration program under Article 8 with a sentence of probation or conditional discharge.
(g) An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county. The concurrence of the Chief Judge shall be in the form of an administrative order. The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be. The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge. A person shall not be assessed costs or fees for mandatory testing for drugs, alcohol, or both, if the person is an indigent person as defined in paragraph (2) of subsection (a) of Section 5-105 of the Code of Civil Procedure.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i). For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer, all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred.
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987 while the minor is in placement. The fee shall be imposed only upon an offender who is actively supervised by the probation and court services department. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this subsection (i) in excess of $25 per month unless the circuit court has adopted, by administrative order issued by the Chief Judge, a standard probation fee guide determining an offender's ability to pay. Of the amount collected as a probation fee, up to $5 of that fee collected per month may be used to provide services to crime victims and their families.
The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum. Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
Public Act 93-970 deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
(i-5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(l) The court may order an offender who is sentenced to probation or conditional discharge for a violation of an order of protection be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(m) Except for restitution, and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(n) A person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless:
(1) the person is under 21 years old;
(2) the person was sentenced to probation,
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| conditional discharge, or supervision for an offense which had as an element of the offense the presence of an intoxicating compound in the person's body;
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(3) the person is participating in a problem-solving
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| court certified by the Illinois Supreme Court;
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(4) the person has undergone a validated clinical
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| assessment and the clinical treatment plan includes alcohol or cannabis testing; or
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(5) a court ordered evaluation recommends that the
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| person refrain from using alcohol or cannabis, provided the evaluation is a validated clinical assessment and the recommendation originates from a clinical treatment plan.
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If the court has made findings that alcohol use was a contributing factor in the commission of the underlying offense, the court may order a person on probation, conditional discharge, or supervision to refrain from having alcohol in his or her body during the time between sentencing and the completion of a validated clinical assessment, provided that such order shall not exceed 30 days and shall be terminated if the clinical treatment plan does not recommend abstinence or testing, or both.
In this subsection (n), "validated clinical assessment" and "clinical treatment plan" have the meanings ascribed to them in Section 10 of the Drug Court Treatment Act.
In any instance in which the court orders testing for cannabis or alcohol, the court shall state the reasonable relation the condition has to the person's crime for which the person was placed on probation, conditional discharge, or supervision.
(o) A person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act, except where use is prohibited in paragraph (3) or (4) of subsection (n).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. 1-1-24; 103-605, eff. 7-1-24.)
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(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but 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,
Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012 where a disposition of supervision is not prohibited by Section
5-6-1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21-1.3 of the Criminal Code of
1961 or the Criminal Code of 2012 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or |
| participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical, psychological or psychiatric
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| treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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| the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) refrain from possessing a firearm or other
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his
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| own support at home or in a foster home; or
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(v) with the consent of the superintendent of the
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| facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
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| to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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(10) perform some reasonable public or community
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(11) comply with the terms and conditions of an order
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| of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti-crime program" as
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| defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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| exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;
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(14) refrain from entering into a designated
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| geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
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| indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
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| equipped with an ignition interlock device as defined in Section 1-129.1 of the Illinois Vehicle Code; under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment; and
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(18) if placed on supervision for a sex offense as
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| defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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(c-5) If payment of restitution as ordered has not been made, the victim shall file a
petition notifying the sentencing court, any other person to whom restitution is owed, and
the State's Attorney of the status of the ordered restitution payments unpaid at least 90
days before the supervision expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date, unless the hearing
is voluntarily waived by the defendant with the knowledge that waiver may result in an
extension of the supervision period or in a revocation of supervision. If the court does not
extend supervision, it shall issue a judgment for the unpaid restitution and direct the clerk
of the circuit court to file and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment against the
defendant for the amount covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to the defendant at his or her last known
address written notification that a civil judgment has been issued for the unpaid
restitution.
(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in clause (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or for a violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or high school equivalency testing if a fee is charged for those courses
or testing. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5-6-4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This subsection (k) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3-707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7-315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of 3 years after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection. This subsection does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender
Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (p), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(q) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (q), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(r) An offender placed on supervision for an offense under Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983) shall:
(i) not access or use a computer or any other device
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(ii) submit to periodic unannounced examinations of
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| the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
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(iii) submit to the installation on the offender's
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| computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
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(iv) submit to any other appropriate restrictions
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| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the court.
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(s) An offender placed on supervision for an offense that is a sex offense as defined in Section 2 of the Sex Offender Registration Act that is committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses.
(t) An offender placed on supervision for a sex offense as defined in the Sex Offender
Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262) shall refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012.
(u) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred may impose probation fees upon receiving the transferred offender, as provided in subsection (i). The probation department from the original sentencing court shall retain all probation fees collected prior to the transfer.
(v) Except for restitution, and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-299, eff. 8-6-21; 103-379, eff. 7-28-23.)
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(730 ILCS 5/5-6-3.4) (Text of Section before amendment by P.A. 103-702 ) Sec. 5-6-3.4. Second Chance Probation. (a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of, possession of less than 15 grams of a controlled substance; possession of
less than 15 grams of methamphetamine; or a probationable felony offense of possession of cannabis, theft, retail theft, forgery, deceptive practices, possession of a stolen motor vehicle, burglary, possession of burglary tools, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, an offense involving fraudulent identification, or obstructing justice; or possession of cannabis, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under this Section. (a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection. (b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or |
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(2) refrain from possessing a firearm or other
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(3) make full restitution to the victim or property
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| owner under Section 5-5-6 of this Code;
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(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare
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| the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program;
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(7) submit to periodic drug testing at a time and in
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| a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant; and
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(8) perform a minimum of 30 hours of community
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| service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
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(d) The court may, in addition to other conditions, require that the defendant:
(1) make a report to and appear in person before or
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| participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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(2) undergo medical or psychiatric treatment, or
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| treatment or rehabilitation approved by the Illinois Department of Human Services;
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(3) attend or reside in a facility established for
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| the instruction or residence of defendants on probation;
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(4) support his or her dependents; or
(5) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
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(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) A person may only have one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that the defendant suffers from a substance abuse problem, then before the person is placed on probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to be placed on probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
(Text of Section after amendment by P.A. 103-702 )
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of, possession of less than 15 grams of a controlled substance; possession of less than 15 grams of methamphetamine; or a probationable felony offense of possession of cannabis, theft, retail theft, forgery, deceptive practices, possession of a stolen motor vehicle, burglary, possession of burglary tools, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, an offense involving fraudulent identification, or obstructing justice; or possession of cannabis, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under this Section. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section.
(a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the defendant:
(1) not violate any criminal statute of this State or
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(2) refrain from possessing a firearm or other
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(3) make full restitution to the victim or property
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| owner under Section 5-5-6 of this Code;
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(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare
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| the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program;
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(7) submit to periodic drug testing at a time and in
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| a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant; and
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(8) perform a minimum of 30 hours of community
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| service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
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(d) The court may, in addition to other conditions, require that the defendant:
(1) make a report to and appear in person before or
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| participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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(2) undergo medical or psychiatric treatment, or
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| treatment or rehabilitation approved by the Illinois Department of Human Services;
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(3) attend or reside in a facility established for
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| the instruction or residence of defendants on probation;
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(4) support his or her dependents; or
(5) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
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(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a sentence under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.
(h) A person may only have one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that the defendant suffers from a substance abuse problem, then before the person is placed on probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to be placed on probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 103-702, eff. 1-1-25.)
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(730 ILCS 5/5-6-3.6) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 103rd General Assembly establishes a program for first-time, non-violent offenders charged with certain weapons possession offenses. The General Assembly recognizes some persons, particularly in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offense Program. (b) A defendant is not eligible for this Program if: (1) the offense was committed during the commission |
| of a violent offense as defined in subsection (h) of this Section;
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(2) he or she has previously been convicted or placed
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| on probation or conditional discharge for any violent offense under the laws of this State, the laws of any other state, or the laws of the United States;
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(3) he or she had a prior successful completion of
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| the First Time Weapon Offense Program under this Section;
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(4) he or she has previously been adjudicated a
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| delinquent minor for the commission of a violent offense;
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(5) (blank); or
(6) he or she has an existing order of protection
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| issued against him or her.
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(b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offense Program, the court shall consider the following:
(1) the age, immaturity, or limited mental capacity
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(2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
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| interest of the defendant's rehabilitation, including any employment or involvement in community, educational, training, or vocational programs;
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(4) whether the defendant suffers from trauma, as
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| supported by documentation or evaluation by a licensed professional; and
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(5) the potential risk to public safety.
(c) For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) whenever an eligible person pleads guilty to an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offense Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person.
(d) The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit.
(e) The conditions of the Program shall be that the defendant:
(1) not violate any criminal statute of this State
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| or any other jurisdiction;
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(2) refrain from possessing a firearm or other
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(3) (blank);
(4) (blank);
(5) (blank);
(6) (blank);
(7) attend and participate in any Program activities
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| deemed required by the Program administrator, such as: counseling sessions, in-person and over the phone check-ins, and educational classes; and
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(8) (blank).
(f) The Program may, in addition to other conditions, require that the defendant:
(1) obtain or attempt to obtain employment;
(2) attend educational courses designed to prepare
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| the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program;
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(3) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(4) perform community service;
(5) pay all fines, assessments, fees, and costs; and
(6) comply with such other reasonable conditions as
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(g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence.
(i) (Blank).
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 103-370, eff. 7-28-23.)
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