| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/5-7-3
(730 ILCS 5/5-7-3) (from Ch. 38, par. 1005-7-3)
Sec. 5-7-3.
Commitment.
(a) Commitment under a sentence of periodic imprisonment for a
misdemeanor shall be to the sheriff or the superintendent of the house of
corrections or workhouse.
(b) Commitment under a sentence of periodic imprisonment for a felony
may be under paragraph (a) of this Section or to the Department of
Corrections if the Director of the Department has certified that
appropriate facilities and personnel are available to administer sentences
of periodic imprisonment.
(c) The Director of the Department of Corrections may certify that an
appropriate institution has the facilities and personnel to administer
periodic imprisonment. Such certification shall be filed with the clerk of
the circuit court from which commitments to such institution will be
accepted. Any such certification may be revoked by filing a notice of
revocation with such clerk.
(d) The sheriff of any county may certify that an appropriate
institution has the facilities and personnel to administer periodic
imprisonment. Such certification shall be filed with the clerk of the
circuit court from which commitments to such institution will be accepted.
Any such certification may be revoked by filing a notice of revocation with such clerk.
(e) If the sheriff to whose custody a defendant is committed for a term of
periodic imprisonment certifies an institution under subsection (d), the
sheriff may contract, subject to the approval of the county board, with a
certified institution for the
housing of the offender in that institution, and while so placed the
offender shall be subject to the court's terms of imprisonment. The cost
of maintenance of such offender shall be paid by the county in which he was committed.
(f) Neither the State, any unit of local government or the sheriff of
the county to whose custody a defendant is committed, nor any officer or
employee thereof acting in the course of their official duties shall be
liable for any injury or loss which a person might suffer while residing at a
certified institution, nor shall they be liable for any tortious acts of
any offender housed at the certified institution, or for any tortious acts
of an officer or employee of such institution, except for wilful and wanton
misconduct or gross negligence on the part of such governmental unit,
officer or employee.
(Source: P.A. 85-1433.)
|
730 ILCS 5/5-7-4
(730 ILCS 5/5-7-4) (from Ch. 38, par. 1005-7-4)
Sec. 5-7-4.
Continuation of Employment.
If the offender has been regularly employed, the Department of
Corrections, the sheriff, the superintendent of the house of correction or
workhouse, or the probation officer shall arrange for a continuation of
such employment. If the offender has not been regularly employed, every
reasonable effort shall be made to secure employment for such person, and
any person for whom employment is secured shall be paid a fair and
reasonable wage and shall not be required to work more than 8 hours per
day, nor more than 48 hours per week.
(Source: P.A. 77-2097.)
|
730 ILCS 5/5-7-5
(730 ILCS 5/5-7-5) (from Ch. 38, par. 1005-7-5)
Sec. 5-7-5.
Arrangement between Sheriffs for Employment.
The court may authorize the sheriff to whose custody a defendant is
committed, to arrange with another sheriff for the employment of the
offender in the latter's county, and while so employed to be in the latter
sheriff's custody but in other respects to be and continue subject to the
commitment. The cost of maintenance of such offender shall be paid by the
county in which he was committed. The Department of Corrections may
transfer an offender committed to it to another institution or facility of
the Department subject to the approval of the committing court.
(Source: P.A. 77-2097.)
|
730 ILCS 5/5-7-6
(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6. Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation.
(a) Every gainfully employed offender shall be responsible for managing his
or her earnings. The clerk of the circuit court shall have only those
responsibilities regarding an offender's earnings as are set forth in this
Section.
Every offender, including offenders who are sentenced to periodic
imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established, with the
concurrence of the chief judge of the judicial circuit, by the county board of
the county in which the offender is incarcerated. The concurrence of the chief
judge shall be in the form of an administrative order. In establishing the fee
for room and board consideration may be given to all costs incidental to the
incarceration of offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional charge, be
furnished with a meal to carry to work. Each week, on a day designated by the
clerk of the circuit court,
every offender shall pay the clerk the fees for the offender's room and board. Failure to pay the clerk
on the day designated shall result in the termination of the offender's
release.
All fees for room and board collected by the circuit court clerk shall be
disbursed into the county's General Corporate Fund.
By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be distributed
for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and | | other incidental expenses of the offender, when those expenses are incurred by the administrator of the offender's imprisonment;
|
|
(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are recipients of
financial assistance pursuant to the Illinois Public Aid Code, or who are
residents of a State hospital, State school or foster care facility
provided by the State, the court shall order the offender to turn over
all or a portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph
(a), distribute those earnings to the appropriate agency
as reimbursement for the cost of care of such dependents. The order shall
permit the Department of Human Services (acting as successor to the Illinois
Department of Public Aid under the Department of Human Services Act) or the
local governmental
unit, as the case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in their
behalf, upon removal of the dependents from the public aid rolls; and upon
such direction and removal of the recipients from the public aid rolls, the
Department of Human Services or the local governmental unit, as the
case requires, shall give written notice of such action to the court. Payments
received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall be deposited
into the General Revenue Fund of the State Treasury or General Assistance
Fund of the governmental unit, under Section 10-19 of the Illinois Public
Aid Code.
(c) The clerk of the circuit court shall keep individual accounts of all
money collected by him as required by this Article. He shall deposit all
moneys as trustee in a depository designated by the county board and shall
make payments required by the court's order from such trustee account. Such
accounts shall be subject to audit in the same manner as accounts of the
county are audited.
(d) If an institution or the Department of Corrections certifies to the
court that it can administer this Section with respect to persons committed
to it under this Article, the clerk of the court shall be relieved of its
duties under this Section and they shall be assumed by such institution or
the Department.
(e) 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. 103-379, eff. 7-28-23.)
|
730 ILCS 5/5-7-7
(730 ILCS 5/5-7-7) (from Ch. 38, par. 1005-7-7)
Sec. 5-7-7.
Jurisdiction.
The court which committed the offender to periodic imprisonment shall
retain jurisdiction over him during the term of commitment and may order a
diminution of the term if his conduct, diligence and general attitude merit
such diminution.
(Source: P.A. 77-2097.)
|
730 ILCS 5/5-7-8
(730 ILCS 5/5-7-8) (from Ch. 38, par. 1005-7-8)
Sec. 5-7-8. Subsequent Sentences. (a) The service of a sentence of imprisonment shall
satisfy any sentence of periodic imprisonment which was imposed on an
offender for an offense committed prior to the imposition of the
sentence. An offender who is serving a sentence of
periodic imprisonment at the time a sentence of
imprisonment is imposed shall be delivered to the custody of the
Department of Corrections to commence service of the
sentence immediately.
(b) If a sentence of imprisonment under Section 5-4.5-55, 5-4.5-60, or 5-4.5-65 (730 ILCS 5/5-4.5-55, 5/5-4.5-60, or 5/5-4.5-65)
is
imposed on an offender who is under a previously imposed sentence of
periodic imprisonment, such person shall commence service of the
sentence immediately. Where such sentence is for
a term in excess of 90 days, the service of such sentence shall satisfy
the sentence of periodic imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09 .)
|
730 ILCS 5/Ch. V Art. 8
(730 ILCS 5/Ch. V Art. 8 heading)
ARTICLE 8.
IMPRISONMENT
|
730 ILCS 5/5-8-1
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable | | doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subparagraph (b-5) are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or
|
|
(b-5) A defendant who at the time of the
| | commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to a term of natural life imprisonment if:
|
| (1) the murdered individual was an inmate at
| | an institution or facility of the Department of Corrections, or any similar local correctional agency and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof;
|
| (2) the murdered individual was killed as a
| | result of the hijacking of an airplane, train, ship, bus, or other public conveyance;
|
| (3) the defendant committed the murder
| | pursuant to a contract, agreement, or understanding by which he or she was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value;
|
| (4) the murdered individual was killed in the
| | course of another felony if:
|
| (A) the murdered individual:
(i) was actually killed by the
| | (ii) received physical injuries
| | personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and (B) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
|
| (B) in performing the acts which caused
| | the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
|
| (C) the other felony was an inherently
| | violent crime or the attempt to commit an inherently violent crime. In this clause (C), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion;
|
| (5) the defendant committed the murder with
| | intent to prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this clause (5), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors;
|
| (6) the defendant, while committing an
| | offense punishable under Section 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
|
| (7) the defendant was incarcerated in an
| | institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
|
| (8) the murder was committed in a cold,
| | calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom;
|
| (9) the defendant was a principal
| | administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person;
|
| (10) the murder was intentional and involved
| | the infliction of torture. For the purpose of this clause (10), torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim;
|
| (11) the murder was committed as a result of
| | the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle;
|
| (12) the murdered individual was a person
| | with a disability and the defendant knew or should have known that the murdered individual was a person with a disability. For purposes of this clause (12), "person with a disability" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care;
|
| (13) the murdered individual was subject to
| | an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986;
|
| (14) the murdered individual was known by the
| | defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
|
| (15) the murder was committed by the
| | defendant in connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code;
|
| (16) the murdered individual was a member of
| | a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
|
| (17)(i) the murdered individual was a
| | physician, physician assistant, psychologist, nurse, or advanced practice registered nurse;
|
| (ii) the defendant knew or should have known
| | that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse; and
|
| (iii) the murdered individual was killed in
| | the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity.
|
| (c) the court shall sentence the defendant to a
| | term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and:
|
|
(i) has previously been convicted of first
| | degree murder under any state or federal law, or
|
|
(ii) is found guilty of murdering more than
| |
(iii) is found guilty of murdering a peace
| | officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
|
|
(iv) is found guilty of murdering an employee
| | of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
|
|
(v) is found guilty of murdering an emergency
| | medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or
|
|
(vi) (blank), or
(vii) is found guilty of first degree murder
| | and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012.
|
|
For purposes of clause (v), "emergency medical
| | technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
|
|
(d)(i) if the person committed the offense while
| | armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
|
|
(ii) if, during the commission of the offense,
| | the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
|
|
(iii) if, during the commission of the offense,
| | the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
|
|
(2) (blank);
(2.5) for a person who has attained the age of 18
| | years at the time of the commission of the offense and who is convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.
|
|
(b) (Blank).
(c) (Blank).
(d) Subject to
earlier termination under Section 3-3-8, the parole or mandatory
supervised release term shall be written as part of the sentencing order and shall be as follows:
(1) for first degree murder or for the offenses of
| | predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or before December 12, 2005, 3 years;
|
|
(1.5) except as provided in paragraph (7) of this
| | subsection (d), for a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 18 months;
|
| (2) except as provided in paragraph (7) of this
| | subsection (d), for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 12 months;
|
|
(3) except as provided in paragraph (4), (6), or (7)
| | of this subsection (d), for a Class 3 felony or a Class 4 felony, 6 months; no later than 45 days after the onset of the term of mandatory supervised release, the Prisoner Review Board shall conduct a discretionary discharge review pursuant to the provisions of Section 3-3-8, which shall include the results of a standardized risk and needs assessment tool administered by the Department of Corrections; the changes to this paragraph (3) made by this amendatory Act of the 102nd General Assembly apply to all individuals released on mandatory supervised release on or after the effective date of this amendatory Act of the 102nd General Assembly, including those individuals whose sentences were imposed prior to the effective date of this amendatory Act of the 102nd General Assembly;
|
|
(4) for defendants who commit the offense of
| | predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after December 13, 2005 (the effective date of Public Act 94-715), or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
|
|
(5) if the victim is under 18 years of age, for a
| | second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic monitoring or home detention program under Article 8A of Chapter V of this Code;
|
|
(6) for a felony domestic battery, aggravated
| | domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years;
|
| (7) for any felony described in paragraph (a)(2)(ii),
| | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 of the Unified Code of Corrections requiring an inmate to serve a minimum of 85% of their court-imposed sentence, except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009 and except as provided in paragraph (4) or paragraph (6) of this subsection (d), the term of mandatory supervised release shall be as follows:
|
| (A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on July 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24 .)
|
730 ILCS 5/5-8-1.1
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact program.
(a) The Department may establish
and operate an impact
program for eligible offenders. If the court finds under
Section 5-4-1 that
an offender sentenced to a term of imprisonment for a felony may meet the
eligibility requirements of the Department, the court may in its
sentencing order
approve the offender for placement in the impact program
conditioned upon his acceptance in the program by the Department.
Notwithstanding the sentencing provisions of this Code, the sentencing
order also shall provide that if the Department accepts the offender in the
program and determines that the offender has successfully completed the
impact program, the sentence shall be reduced to time
considered served upon certification to the court by the Department that
the offender has successfully completed the program. In the event the
offender is not accepted for placement in the impact program
or the offender does not successfully complete the program,
his term of imprisonment shall be as set forth by the court in its sentencing
order.
(b) In order to be eligible to participate in the impact
program, the committed person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age | | nor more than 35 years of age.
|
|
(2) The person has not previously participated in an
| | impact program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
|
|
(3) The person has not been convicted of a Class X
| | felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, residential arson, place of worship arson, or arson and has not been convicted previously of any of those offenses.
|
|
(4) The person has been sentenced to a term of
| | imprisonment of 8 years or less.
|
|
(5) The person must be physically able to participate
| |
(6) The person must not have any mental disorder or
| | disability that would prevent participation in the impact program.
|
|
(7) The person has consented in writing to
| | participation in the impact program and to the terms and conditions thereof.
|
|
(8) The person was recommended and approved for
| | placement in the impact program in the court's sentencing order.
|
|
The Department may consider, among other matters, whether the
committed person has any outstanding detainers or warrants, whether the
committed person has a history of escaping or absconding, whether
participation in the impact program may pose a risk to the
safety or security of any person and whether space is available.
(c) The impact program shall include, among other matters, community service activities, cognitive behavioral programming, life skills, reentry planning,
education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention
of property and publications and access to television, radio and a library
may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact program
shall adhere to all Department rules and all requirements of the program.
Committed persons shall be informed of rules of behavior and conduct.
Disciplinary procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department seeks to revoke good time.
(f) Participation in the impact program shall be for a
period of one year to eighteen months. The period of time a committed person shall
serve in the impact program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory supervised
release as set forth in subsection (d) of Section 5-8-1.
(h) A committed person may be removed from the program for a violation
of the terms or conditions of the program or in the event he is for any
reason unable to participate. The Department shall promulgate rules and
regulations governing conduct which could result in removal from the
program, extend the period of time a committed person must serve in the program, or in a determination that the committed person has not
successfully completed the program. A committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation identified in paragraph (f). Committed persons shall have access to
such rules, which shall provide that a committed person shall receive
notice and have the opportunity to appear before and address one or more
hearing officers. A committed person may be transferred to any of the
Department's facilities prior to the hearing.
(i) The Department may terminate the impact program at any
time.
(j) The Department shall report to the Governor and the General Assembly
on or before September 30th of each year on the impact
program, including the composition of the program by the offenders, by
county of commitment, sentence, age, offense and race.
(k) The Department of Corrections shall consider the affirmative
action plan approved by the Department of Human Rights in hiring staff at
the impact facilities.
(l) The Department of Corrections shall advocate for the impact program. The Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county.
(Source: P.A. 102-629, eff. 1-1-22 .)
|
730 ILCS 5/5-8-1.2
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General Assembly that
certain non-violent offenders eligible for sentences of incarceration may
benefit from the rehabilitative aspects of a county impact incarceration
program. It is the intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not be construed
to allow violent offenders to participate in a county impact incarceration
program.
(b) Under the direction of the Sheriff and with the approval of the County
Board of Commissioners, the Sheriff, in any county with more than 3,000,000
inhabitants, may establish and operate a county impact incarceration program
for eligible offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility requirements of the
Sheriff's county impact incarceration program, the court may sentence the
offender to the county impact incarceration program. The Sheriff shall be
responsible for monitoring all offenders who are sentenced to the county impact
incarceration program, including the mandatory period of monitored release
following the 120 to 180 days of impact incarceration.
Offenders assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the Illinois Department of
Corrections are exempt from the provisions of this mandatory period of
monitored
release.
In the event the
offender is not accepted for placement in the county impact incarceration
program, the court shall proceed to sentence the offender to any other
disposition authorized by this Code.
If the offender does not successfully
complete the program, the offender's failure to do so shall constitute a
violation of the sentence to the county impact incarceration program.
(c) In order to be eligible to be sentenced to a county impact incarceration
program by the court, the person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age | | nor more than 35 years of age.
|
|
(2) The person has not previously participated in the
| | impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
|
|
(3) The person has not been convicted of a Class X
| | felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson and has not been convicted previously of any of those offenses.
|
|
(4) The person has been found in violation of
| | probation for an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who otherwise could be sentenced to a term of incarceration; or the person is convicted of an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who has previously served a sentence of probation for any felony offense and who otherwise could be sentenced to a term of incarceration.
|
|
(5) The person must be physically able to participate
| | in strenuous physical activities or labor.
|
|
(6) The person must not have any mental disorder or
| | disability that would prevent participation in a county impact incarceration program.
|
|
(7) The person was recommended and approved for
| | placement in the county impact incarceration program by the Sheriff and consented in writing to participation in the county impact incarceration program and to the terms and conditions of the program. The Sheriff may consider, among other matters, whether the person has any outstanding detainers or warrants, whether the person has a history of escaping or absconding, whether participation in the county impact incarceration program may pose a risk to the safety or security of any person and whether space is available.
|
|
(c-5) The county impact incarceration program shall include, among other
matters, mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention of
property and publications and access to television, radio, and a library may be
suspended or restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements for the program.
Persons shall be informed of rules of behavior and conduct. Persons
participating in the county impact incarceration program shall adhere to all
rules and all requirements of the program.
(f) Participation in the county impact incarceration program shall be for a
period of 120 to 180 days followed by a mandatory term of monitored release
for at least 8 months and no more than 12 months supervised by the Sheriff.
The period of time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The court may also
sentence the person to a period of probation to commence at the successful
completion of the county impact incarceration program.
(g) If the person successfully completes the county impact incarceration
program, the Sheriff shall certify the person's successful completion of the
program to the court and to the county's State's Attorney. Upon successful
completion of the county impact incarceration program and mandatory
term of monitored release and if there is an additional period of probation
given, the person shall at that time begin his or her probationary sentence
under the supervision of the Adult Probation Department.
(h) A person may be removed from the county impact incarceration program for
a violation of the terms or
conditions of the program or in the event he or she is for any reason unable to
participate. The failure to complete the program for any reason, including the
8 to 12 month monitored release period, shall be deemed a violation of the
county impact incarceration sentence. The Sheriff shall give notice to the
State's Attorney of the person's failure to complete the program. The Sheriff
shall file a petition for violation of the county impact incarceration sentence
with the court and the State's Attorney may proceed on the petition under
Section 5-6-4 of this Code. The Sheriff shall promulgate rules and regulations
governing conduct which could result in removal from the program or in a
determination that the person has not successfully completed the program.
The mandatory conditions of every county impact incarceration sentence
shall
include that the person either while in the program or during the period of
monitored release:
(1) not violate any criminal statute of any
| |
(2) report or appear in person before any such person
| | or agency as directed by the court or the Sheriff;
|
|
(3) refrain from possessing a firearm or other
| |
(4) not leave the State without the consent of the
| | court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the Sheriff; and
|
|
(5) permit representatives of the Sheriff to visit at
| | the person's home or elsewhere to the extent necessary for the Sheriff to monitor compliance with the program. Persons shall have access to such rules, which shall provide that a person shall receive notice of any such violation.
|
|
(i) The Sheriff may terminate the county impact incarceration program at
any time.
(j) The Sheriff shall report to the county board on or before September
30th of each year on the county impact incarceration program, including the
composition of the program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)
|
730 ILCS 5/5-8-1.3
(730 ILCS 5/5-8-1.3)
Sec. 5-8-1.3. (Repealed).
(Source: P.A. 102-1100, eff. 1-1-23. Repealed by P.A. 103-363, eff. 7-28-23.)
|
730 ILCS 5/5-8-2
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an
offender to a term of imprisonment in excess of the maximum
sentence authorized by Article 4.5 of Chapter V for an offense or offenses within the class of the most
serious offense of which the offender was convicted unless the
factors in aggravation set forth in Section
5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present.
If the pre-trial and trial proceedings were
conducted in compliance with subsection (c-5) of Section 111-3 of the Code of
Criminal Procedure of 1963, the judge may sentence an offender to an extended term as provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
|
730 ILCS 5/5-8-3
(730 ILCS 5/5-8-3)
Sec. 5-8-3. (Repealed).
(Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 95-1052, eff. 7-1-09.)
|
730 ILCS 5/5-8-4
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of imprisonment.
(a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section. (b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a
misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence. (c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances: (1) If, having regard to the nature and circumstances | | of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record.
|
| (2) If one of the offenses for which a defendant was
| | convicted was a violation of Section 32-5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the offense was committed in attempting or committing a forcible felony.
|
| (3) If a person charged with a felony commits a
| | separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility, then the sentences imposed upon conviction of these felonies may be served consecutively regardless of the order in which the judgments of conviction are entered.
|
| (4) If a person commits a battery against a county
| | correctional officer or sheriff's employee while serving a sentence or in pretrial detention in a county jail facility, then the sentence imposed upon conviction of the battery may be served consecutively with the sentence imposed upon conviction of the earlier misdemeanor or felony, regardless of the order in which the judgments of conviction are entered.
|
| (5) If a person admitted to pretrial release
| | following conviction of a felony commits a separate felony while released pretrial or if a person detained in a county jail facility or county detention facility following conviction of a felony commits a separate felony while in detention, then any sentence following conviction of the separate felony may be consecutive to that of the original sentence for which the defendant was released pretrial or detained.
|
| (6) If a person is found to be in possession of an
| | item of contraband, as defined in Section 31A-0.1 of the Criminal Code of 2012, while serving a sentence in a county jail or while in pretrial detention in a county jail, the sentence imposed upon conviction for the offense of possessing contraband in a penal institution may be served consecutively to the sentence imposed for the offense for which the person is serving a sentence in the county jail or while in pretrial detention, regardless of the order in which the judgments of conviction are entered.
|
| (7) If a person is sentenced for a violation of a
| | condition of pretrial release under Section 32-10 of the Criminal Code of 1961 or the Criminal Code of 2012, any sentence imposed for that violation may be served consecutive to the sentence imposed for the charge for which pretrial release had been granted and with respect to which the defendant has been convicted.
|
| (d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
| | convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury.
|
| (2) The defendant was convicted of a violation of
| | Section 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or 12-14 (aggravated criminal sexual assault), or 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
|
| (2.5) The defendant was convicted of a violation of
| | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012; or the defendant was convicted of a violation of paragraph (6) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (6) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012, when the child depicted is under the age of 13.
|
| (3) The defendant was convicted of armed violence
| | based upon the predicate offense of any of the following: solicitation of murder, solicitation of murder for hire, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated criminal drug conspiracy, or streetgang criminal drug conspiracy.
|
| (4) The defendant was convicted of the offense of
| | leaving the scene of a motor vehicle crash involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an offense described in item (A) and an offense described in item (B).
|
| (5) The defendant was convicted of a violation of
| | Section 9-3.1 or Section 9-3.4 (concealment of homicidal death) or Section 12-20.5 (dismembering a human body) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3.1 or 5/12-20.5).
|
| (5.5) The defendant was convicted of a violation of
| | Section 24-3.7 (use of a stolen firearm in the commission of an offense) of the Criminal Code of 1961 or the Criminal Code of 2012.
|
| (6) If the defendant was in the custody of the
| | Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections.
|
| (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
| | for escape or attempted escape shall be served consecutive to the terms under which the offender is held by the Department of Corrections.
|
| (8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a
sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum
and aggregate minimum of consecutive sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior
| | to February 1, 1978, the aggregate maximum of consecutive sentences shall not exceed the maximum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. The aggregate minimum period of consecutive sentences shall not exceed the highest minimum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
|
| (2) For sentences imposed under the law in effect on
| | or after February 1, 1978, the aggregate of consecutive sentences for offenses that were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective shall not exceed the sum of the maximum terms authorized under Article 4.5 of Chapter V for the 2 most serious felonies involved, but no such limitation shall apply for offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
|
| (g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following:
(1) The maximum period of a term of imprisonment
| | shall consist of the aggregate of the maximums of the imposed indeterminate terms, if any, plus the aggregate of the imposed determinate sentences for felonies, plus the aggregate of the imposed determinate sentences for misdemeanors, subject to subsection (f) of this Section.
|
| (2) The parole or mandatory supervised release term
| | shall be as provided in paragraph (e) of Section 5-4.5-50 (730 ILCS 5/5-4.5-50) for the most serious of the offenses involved.
|
| (3) The minimum period of imprisonment shall be the
| | aggregate of the minimum and determinate periods of imprisonment imposed by the court, subject to subsection (f) of this Section.
|
| (4) The defendant shall be awarded credit against the
| | aggregate maximum term and the aggregate minimum term of imprisonment for all time served in an institution since the commission of the offense or offenses and as a consequence thereof at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3).
|
| (h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 102-1104, eff. 12-6-22 .)
|
730 ILCS 5/5-8-5
(730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
Sec. 5-8-5.
Commitment of the Offender.
Upon rendition of judgment after pronouncement of a sentence of periodic
imprisonment, imprisonment, or death, the court shall commit the offender
to the custody of the sheriff or to the Department of Corrections. A
sheriff in executing an order for commitment to the Department
of Corrections shall convey such offender to the nearest receiving station
designated by the Department of Corrections. The court may commit the
offender to the custody of the Attorney General of the United States under
Section 5-8-6 when a sentence for a State offense provides that such
sentence is to run concurrently with a previous and unexpired federal
sentence. The expense of conveying a person committed by the juvenile court
or an offender convicted of a felony shall be paid by the State. The expenses
in all other cases shall be paid by the county of the committing court.
(Source: P.A. 84-551.)
|
730 ILCS 5/5-8-6
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement. (a) Except as otherwise provided in this subsection (a), offenders sentenced to a term
of imprisonment for a felony shall be committed to the penitentiary
system of the Department of Corrections.
However, such sentence shall
not limit the powers of the Department of Children and Family Services
in relation to any child under the age of one year in the sole custody
of a person so sentenced, nor in relation to any child delivered by a
female so sentenced while she is so confined as a consequence of such
sentence. Except as otherwise provided in this subsection (a), a person sentenced for a felony may be assigned by the
Department of Corrections to any of its institutions, facilities or
programs. An offender sentenced to a term of imprisonment 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, in which the sentencing order indicates that the offender has less than 4 months remaining on his or her sentence accounting for time served may not be confined in the penitentiary
system of the Department of Corrections but may be assigned to electronic home detention under Article 8A of this Chapter V, an adult transition center, or another facility or program within the Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less than one
year shall be committed to the custody of the sheriff. A person committed to the
Department of Corrections, prior to July 14, 1983, for less than one
year may be assigned by the
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to imprisonment
shall be committed to the Department of Juvenile Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part of such
commitment as fully as though written in the order of commitment. The place of confinement for sentences imposed before the effective date of this amendatory Act of the 99th General Assembly are not affected or abated by this amendatory Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of Corrections
for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of imprisonment
concurrent with a previous and unexpired sentence of imprisonment
imposed by any district court of the United States, it may commit the
offender to the custody of the Attorney General of the United States.
The Attorney General of the United States, or the authorized
representative of the Attorney General of the United States, shall be
furnished with the warrant of commitment from the court imposing
sentence, which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by parole or by
termination of sentence, the offender shall be transferred by the
Sheriff of the committing county to the Department of
Corrections. The
court shall cause the Department to be notified of such sentence at the
time of commitment and to be provided with copies of all records
regarding the sentence.
(Source: P.A. 101-652, eff. 7-1-21 .)
|
730 ILCS 5/5-8-7
(730 ILCS 5/5-8-7)
Sec. 5-8-7. (Repealed).
(Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)
|
730 ILCS 5/5-8-8 (730 ILCS 5/5-8-8) Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. (a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council. (b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois.
In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of this Code: (1) prescribe sanctions proportionate to the | | seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders;
|
| (2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
| | persons adjudicated offenders or delinquents; and
|
| (4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following
| | (A) the President of the Senate, or his or her
| | (B) the Minority Leader of the Senate, or his or
| | (C) the Speaker of the House, or his or her
| | (D) the Minority Leader of the House, or his or
| | (E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been
| | circuit, appellate, or supreme court judges; retired judges shall be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (G-5) (blank);
(H) the Cook County State's Attorney, or his or
| | (I) the Cook County Public Defender, or his or
| | (J) a State's Attorney not from Cook County,
| | appointed by the State's Attorney's Appellate Prosecutor;
|
| (K) the State Appellate Defender, or his or her
| | (L) the Director of the Administrative Office of
| | the Illinois Courts, or his or her designee;
|
| (M) a victim of a violent felony or a
| | representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (N) a representative of a community-based
| | organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (O) a criminal justice academic researcher, to be
| | selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (P) a representative of law enforcement from a
| | unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
| (Q) a sheriff outside of Cook County selected by
| | the members of the Council designated in clauses (c)(1)(A) through (L); and
|
| (R) ex-officio members shall include:
(i) the Director of Corrections, or his or
| | (ii) the Chair of the Prisoner Review Board,
| | (iii) the Director of the Illinois State
| | Police, or his or her designee;
|
| (iv) the Director of the Illinois Criminal
| | Justice Information Authority, or his or her designee; and
|
| (v) the Cook County Sheriff, or his or her
| | (1.5) The Chair and Vice Chair shall be elected from
| | among its members by a majority of the members of the Council.
|
| (2) Members of the Council who serve because of their
| | public office or position, or those who are designated as members by such officials, shall serve only as long as they hold such office or position.
|
| (3) Council members shall serve without compensation
| | but shall be reimbursed for travel and per diem expenses incurred in their work for the Council.
|
| (4) The Council may exercise any power, perform any
| | function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The term of office of each member of the Council ends on the date of repeal of this amendatory Act of the 96th General Assembly.
|
| (5) The Council shall determine the qualifications
| | for and hire the Executive Director.
|
| (d) Duties. The Council shall perform, as resources permit, duties including:
(1) Collect and analyze information including
| | sentencing data, crime trends, and existing correctional resources to support legislative and executive action affecting the use of correctional resources on the State and local levels.
|
| (2) Prepare criminal justice population projections
| | annually, including correctional and community-based supervision populations.
|
| (3) Analyze data relevant to proposed sentencing
| | legislation and its effect on current policies or practices, and provide information to support evidence-based sentencing.
|
| (4) Ensure that adequate resources and facilities are
| | available for carrying out sentences imposed on offenders and that rational priorities are established for the use of those resources. To do so, the Council shall prepare criminal justice resource statements, identifying the fiscal and practical effects of proposed criminal sentencing legislation, including, but not limited to, the correctional population, court processes, and county or local government resources.
|
| (4.5) Study and conduct a thorough analysis of
| | sentencing under Section 5-4.5-110 of this Code. The Sentencing Policy Advisory Council shall provide annual reports to the Governor and General Assembly, including the total number of persons sentenced under Section 5-4.5-110 of this Code, the total number of departures from sentences under Section 5-4.5-110 of this Code, and an analysis of trends in sentencing and departures. On or before December 31, 2022, the Sentencing Policy Advisory Council shall provide a report to the Governor and General Assembly on the effectiveness of sentencing under Section 5-4.5-110 of this Code, including recommendations on whether sentencing under Section 5-4.5-110 of this Code should be adjusted or continued.
|
| (5) Perform such other studies or tasks pertaining to
| | sentencing policies as may be requested by the Governor or the Illinois General Assembly.
|
| (6) Perform such other functions as may be required
| | by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b).
|
| (7) Publish a report on the trends in sentencing for
| | offenders described in subsection (b-1) of Section 5-4-1 of this Code, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made by adding subsection (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
|
| (e) Authority.
(1) The Council shall have the power to perform the
| | functions necessary to carry out its duties, purposes and goals under this Act. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections.
|
| (2) Upon request from the Council, each executive
| | agency and department of State and local government shall provide information and records to the Council in the execution of its duties.
|
| (f) Report. The Council shall report in writing annually to the General Assembly, the Illinois Supreme Court, and the Governor.
(g) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17; 101-279, eff. 8-9-19.)
|
730 ILCS 5/Ch. V Art. 8A
(730 ILCS 5/Ch. V Art. 8A heading)
ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION
(Source: P.A. 99-797, eff. 8-12-16.) |
730 ILCS 5/5-8A-1
(730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1)
Sec. 5-8A-1. Title. This Article shall be known and may be cited as
the Electronic Monitoring and Home Detention Law.
(Source: P.A. 99-797, eff. 8-12-16.)
|
730 ILCS 5/5-8A-2
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device approved by
the supervising authority which is primarily intended to record or transmit
information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means.
An approved electronic monitoring device may record or transmit: oral or
wire communications or an auditory sound; visual images; or information
regarding the offender's activities while inside the offender's home.
These devices are subject to the required consent as set forth in Section
5-8A-5 of this Article.
An approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring device, or the
participant and the person supervising the participant solely for the
purpose of identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice. (A-20) "Electronic monitoring" means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority. (B) "Excluded offenses" means first degree murder, escape, predatory
criminal sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or
possessing a firearm, ammunition or explosive in a penal institution, any
"Super-X" drug offense or calculated criminal drug conspiracy or streetgang
criminal drug conspiracy, or any predecessor or successor offenses with the
same or substantially the same elements, or any inchoate offenses relating to
the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender. (C) "Home detention" means the confinement of a person convicted or
charged with an offense to his or her place of residence under the terms
and conditions established by the supervising authority. Confinement need not be 24 hours per day to qualify as home detention, and significant restrictions on liberty such as 7pm to 7am curfews shall qualify. Home confinement may or may not be accompanied by electronic monitoring, and electronic monitoring is not required for purposes of sentencing credit.
(D) "Participant" means an inmate or offender placed into an
electronic monitoring program.
(E) "Supervising authority" means the Department of Corrections, the Department of Juvenile Justice,
probation department, a Chief Judge's office, pretrial services division or department, sheriff, superintendent of
municipal house of corrections or any other officer or agency charged with
authorizing and supervising electronic monitoring and home detention.
(F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances
Act.
(G) "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender. (Source: P.A. 101-652, eff. 7-1-21 .)
|
730 ILCS 5/5-8A-3
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person charged with
or convicted of an
excluded offense may not be placed in an electronic monitoring or home
detention program, except for bond pending trial or appeal or while on parole, aftercare release,
or mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class 1 felony,
other than an excluded offense, may be placed in an electronic monitoring or home detention
program for a period not to exceed the last 90 days of incarceration.
(c) A person serving a sentence for a conviction
of a Class X felony, other than an excluded offense, may be placed
in an electronic monitoring or home detention program for a period not to exceed the last 90
days of incarceration, provided that the person was sentenced on or after August 11, 1993 (the
effective date of Public Act 88-311) and provided that the court has
not prohibited the program for the person in the sentencing order.
(d) A person serving a sentence for conviction of an offense other than
for predatory criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
criminal sexual abuse, or felony criminal sexual abuse, may be placed in an
electronic monitoring or home detention program for a period not to exceed the last 12 months
of incarceration, provided that (i) the person is 55 years of age or older;
(ii) the person is serving a determinate sentence; (iii) the person has served
at least 25% of the sentenced prison term; and (iv) placement in an electronic
monitoring or home detention program is approved by the Prisoner Review Board or the Department of Juvenile Justice.
(e) A person serving a sentence for conviction
of a Class 2, 3, or 4 felony offense which is not an excluded offense may be
placed in an
electronic monitoring or home detention program pursuant to Department administrative
directives. These directives shall encourage inmates to apply for electronic detention to incentivize positive behavior and program participation prior to and following their return to the community, consistent with Section 5-8A-4.2 of this Code. These directives shall not prohibit application solely for prior mandatory supervised release violation history, outstanding municipal warrants, current security classification, and prior criminal history, though these factors may be considered when reviewing individual applications in conjunction with additional factors, such as the applicant's institution behavior, program participation, and reentry plan.
(f) Applications for electronic monitoring or home detention
may include the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory | |
(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(g) A person convicted of an offense described in clause (4) or (5) of
subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic monitoring or
home detention program for at least the first 2 years of the person's mandatory
supervised release term.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. 1-8-18.)
|
730 ILCS 5/5-8A-4
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising authority may
promulgate rules that prescribe reasonable guidelines under which an
electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include,
but not be limited to, the following:
(A) The participant may be instructed to remain | | within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:
|
|
(1) working or employment approved by the court
| | or traveling to or from approved employment;
|
|
(2) unemployed and seeking employment approved
| | for the participant by the court;
|
|
(3) undergoing medical, psychiatric, mental
| | health treatment, counseling, or other treatment programs approved for the participant by the court;
|
|
(4) attending an educational institution or a
| | program approved for the participant by the court;
|
|
(5) attending a regularly scheduled religious
| | service at a place of worship;
|
|
(6) participating in community work release or
| | community service programs approved for the participant by the supervising authority;
|
|
(7) for another compelling reason consistent with
| | the public interest, as approved by the supervising authority; or
|
| (8) purchasing groceries, food, or other basic
| |
(A-1) At a minimum, any person ordered to pretrial
| | home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
|
| (B) The participant shall admit any person or agent
| | designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.
|
|
(C) The participant shall make the necessary
| | arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.
|
|
(D) The participant shall acknowledge and participate
| | with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.
|
|
(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's
| | home, or on the participant's person, or both; and
|
|
(3) a monitoring device in the participant's home
| | and on the participant's person in the absence of a telephone.
|
|
(F) The participant shall obtain approval from the
| | supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.
|
|
(G) The participant shall not commit another crime
| | during the period of home detention ordered by the Court.
|
|
(H) Notice to the participant that violation of the
| | order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
|
|
(I) The participant shall abide by other conditions
| | as set by the supervising authority.
|
| (J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
|
730 ILCS 5/5-8A-4.1
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape. (a) A person charged with a felony,
or charged with an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic
monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class 3 felony.
(b) A person charged with or convicted of a misdemeanor,
or charged with an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic
monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class B misdemeanor.
(c) A person who violates this Section while armed with a dangerous weapon
is guilty of a Class 1 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
|
730 ILCS 5/5-8A-4.2 (730 ILCS 5/5-8A-4.2) Sec. 5-8A-4.2. Successful transition to the community. (a) The Department shall engage in reentry planning to include individualized case planning for persons preparing to be released to the community. This planning shall begin at intake and be supported throughout the term of incarceration, with a focused emphasis in the year prior to the inmate's mandatory statutory release date. All inmates within one year of their mandatory statutory release data shall be deemed to be in reentry status. The Department shall develop administrative directives to define reentry status based on the requirements of this Section. (b) The Department shall develop incentives to increase program and
treatment participation,
positive behavior, and readiness to change. (c) The Department shall coordinate with, and provide access at the point of release for, community partners and State and local government agencies to support successful transitions through assistance in planning and by providing appropriate programs to inmates in reentry status. The Department shall work with community partners and appropriate state agencies to
support the successful transitions through assistance in
planning and by providing appropriate
programs to persons prior to release. Release planning shall include, but is not limited to: (1) necessary documentation to include birth | | certificate, social security card, and identification card;
|
| (2) vocational or educational short-term and
| | (3) financial literacy and planning to include
| | payments of fines, fees, restitution, child support, and other debt;
|
| (4) access to healthcare, mental healthcare, and
| | chemical dependency treatment;
|
| (5) living and transportation arrangements;
(6) family reunification, if appropriate, and
| | pro-social support networks; and
|
| (7) information about community-based employment
| | services and employment service programs available for persons with prior arrest or criminal convictions.
|
| (d) The Illinois Housing Development Authority shall create a Frequent Users Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program for the most vulnerable persons exiting the Department of Corrections. The Re-Entry rental subsidy supportive housing program shall be targeted to persons with disabilities who have a history of incarcerations, hospitalizations, and homelessness. The Illinois Housing Development Authority, the Department of Human Services Statewide Housing Coordinator, stakeholders, and the Department of Corrections shall adopt policies and procedures for the FUSE Re-Entry rental subsidy supportive housing program including eligibility criteria, geographic distribution, and documentation requirements which are similar to the Rental Housing Support Program. The funding formula for this program shall be developed by calculating the number of prison bed days saved through the timely releases that would not be possible but for the Re-Entry rental subsidy supportive housing program. Funding shall include administrative costs for the Illinois Housing Development Authority to operate the program.
(e) The Department shall report to the General Assembly on or before January 1, 2019, and annually thereafter, on
these activities to support successful transitions to the community. This report shall include the
following information regarding persons released from the Department:
(1) the total number of persons released each year
| | (2) the number of persons assessed as having a high
| | or moderate criminogenic need who have completed programming addressing that criminogenic need prior to release listed by program and county;
|
| (3) the number of persons released in the reporting
| | year who have engaged in pre-release planning prior to their release listed by county;
|
| (4) the number of persons who have been released to
| | electronic detention prior to their mandatory supervised release date;
|
| (5) the number of persons who have been released
| | after their mandatory supervised release date, average time past mandatory supervised release date, and reasons held past mandatory supervised release date; and
|
| (6) when implemented, the number of Frequent Users
| | Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program participants and average prison bed days saved.
|
|
(Source: P.A. 100-575, eff. 1-8-18.)
|
730 ILCS 5/5-8A-4.15 (730 ILCS 5/5-8A-4.15) Sec. 5-8A-4.15. Failure to comply with a condition of the electronic monitoring or home detention program. (a) A person charged with a felony or misdemeanor, or charged with an act that, if committed by an adult, would constitute a felony, or misdemeanor, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly and intentionally violates a condition of the electronic monitoring or home detention program without notification to the proper authority is subject to sanctions as outlined in Section 110-6. (b) A person who violates a condition of the electronic monitoring or home detention program by knowingly and intentionally removing, disabling, destroying, or circumventing the operation of an approved electronic monitoring device shall be subject to penalties for escape under Section 5-8A-4.1.
(Source: P.A. 102-1104, eff. 12-6-22.) |
730 ILCS 5/5-8A-5
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before entering an order for
commitment for electronic monitoring, the supervising authority shall
inform the participant and other persons residing in the home of the nature
and extent of the approved electronic monitoring devices by doing the
following:
(A) Securing the written consent of the participant | | in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4.
|
|
(B) Where possible, securing the written consent of
| | other persons residing in the home of the participant, including the person in whose name the telephone is registered, at the time of the order for commitment for electronic monitoring is entered and acknowledge the nature and extent of approved electronic monitoring devices.
|
|
(C) Ensure that the approved electronic devices be
| | minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with subsections (B) through (D) of Section 5-8A-4.
|
|
This Section does not apply to persons subject to electronic monitoring or home detention as a term or condition of parole, aftercare release, or mandatory supervised release
under subsection (d) of Section 5-8-1 of this Code.
(Source: P.A. 99-797, eff. 8-12-16; 100-201 eff. 8-18-17; 100-431, eff. 8-25-17.)
|
|
|
|