(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence
report shall set forth:
(1) the defendant's history of delinquency or |
| criminality, physical and mental history and condition, family situation and background, economic status, education, occupation and personal habits;
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(2) information about special resources within the
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| community which might be available to assist the defendant's rehabilitation, including treatment centers, residential facilities, vocational training services, correctional manpower programs, employment opportunities, special educational programs, alcohol and drug abuse programming, psychiatric and marriage counseling, and other programs and facilities which could aid the defendant's successful reintegration into society;
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(3) the effect the offense committed has had upon the
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| victim or victims thereof, and any compensatory benefit that various sentencing alternatives would confer on such victim or victims;
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(3.5) information provided by the victim's spouse,
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| guardian, parent, grandparent, and other immediate family and household members about the effect the offense committed has had on the victim and on the person providing the information; if the victim's spouse, guardian, parent, grandparent, or other immediate family or household member has provided a written statement, the statement shall be attached to the report;
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(4) information concerning the defendant's status
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| since arrest, including his record if released on his own recognizance, or the defendant's achievement record if released on a conditional pre-trial supervision program;
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(5) when appropriate, a plan, based upon the
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| personal, economic and social adjustment needs of the defendant, utilizing public and private community resources as an alternative to institutional sentencing;
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(6) any other matters that the investigatory officer
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| deems relevant or the court directs to be included;
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(7) information concerning the defendant's
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| eligibility for a sentence to a county impact incarceration program under Section 5-8-1.2 of this Code; and
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(8) information concerning the defendant's
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| eligibility for a sentence to an impact incarceration program administered by the Department under Section 5-8-1.1.
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(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made, it
shall issue an order that the defendant submit to examination at
such time and place as designated by the court and that such
examination be conducted by a physician, psychologist or
psychiatrist designated by the court. Such an examination may
be conducted in a court clinic if so ordered by the court. The
cost of such examination shall be paid by the county in which
the trial is held.
(b-5) In cases involving felony sex offenses in which the offender is being considered for probation only or any felony offense that is
sexually motivated as defined in the Sex Offender Management Board Act in which the offender is being considered for probation only, the
investigation shall include a sex offender evaluation by an evaluator approved
by the Board and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense cases, except as
specified in subsection (d) of this Section, when a presentence report has
been ordered by the court, such presentence report shall contain
information on the defendant's history of delinquency or criminality and
shall further contain only those matters listed in any of paragraphs (1)
through (6) of subsection (a) or in subsection (b) of this Section as are
specified by the court in its order for the report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, the presentence report shall set forth
information about alcohol, drug abuse, psychiatric, and marriage counseling
or other treatment programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those additional
matters listed in any of paragraphs (1) through (6) of subsection (a) or in
subsection (b) of this Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without pretrial release or to have his pretrial release revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21 .)
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(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
Sec. 5-3-4. Disclosure of Reports.
(a) Any report made pursuant to this Article or Section 5-705
of the Juvenile
Court Act of 1987 shall be filed of record with the court in a sealed envelope.
(b) Presentence reports shall be open for inspection only as follows:
(1) to the sentencing court;
(2) to the state's attorney and the defendant's |
| attorney at least 3 days prior to the imposition of sentence, unless such 3 day requirement is waived;
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(3) to an appellate court in which the conviction or
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| sentence is subject to review;
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(4) to any department, agency or institution to which
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| the defendant is committed;
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(5) to any probation department of whom courtesy
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(6) to any probation department assigned by a court
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| of lawful jurisdiction to conduct a presentence report;
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(6.5) to the victim of a crime under paragraph (13)
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| of subsection (c-5) of Section 4.5 of the Rights of Crime Victims and Witnesses Act;
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(7) to any other person only as ordered by the court;
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(8) to any mental health professional on behalf of
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| the Illinois Department of Corrections or the Department of Human Services or to a prosecutor who is evaluating or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of a presentence report or the respondent to a petition brought under the Sexually Violent Persons Commitment Act who is the subject of the presentence report sought. Any records and any information obtained from those records under this paragraph (8) may be used only in sexually violent persons commitment proceedings.
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(c) Presentence reports shall be filed of record with the court within
60 days of a verdict or finding of guilty for any offense involving an
illegal sexual act perpetrated upon a victim, including but not limited to
offenses for violations of Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act.
(d) A complaint, information or indictment shall not be quashed or
dismissed nor shall any person in custody for an offense be discharged from
custody because of noncompliance with subsection (c) of this Section.
(Source: P.A. 99-413, eff. 8-20-15.)
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