(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;
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(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
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| persons adjudicated offenders or delinquents; and
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(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following
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(A) the President of the Senate, or his or her
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(B) the Minority Leader of the Senate, or his or
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(C) the Speaker of the House, or his or her
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(D) the Minority Leader of the House, or his or
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(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
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| 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);
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(G-5) (blank);
(H) the Cook County State's Attorney, or his or
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(I) the Cook County Public Defender, or his or
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(J) a State's Attorney not from Cook County,
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| appointed by the State's Attorney's Appellate Prosecutor;
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(K) the State Appellate Defender, or his or her
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(L) the Director of the Administrative Office of
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| the Illinois Courts, or his or her designee;
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(M) a victim of a violent felony or a
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| representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(N) a representative of a community-based
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| organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(O) a criminal justice academic researcher, to be
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| selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(P) a representative of law enforcement from a
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| unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
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(Q) a sheriff outside of Cook County selected by
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| the members of the Council designated in clauses (c)(1)(A) through (L); and
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(R) ex-officio members shall include:
(i) the Director of Corrections, or his or
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(ii) the Chair of the Prisoner Review Board,
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(iii) the Director of the Illinois State
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| Police, or his or her designee;
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(iv) the Director of the Illinois Criminal
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| Justice Information Authority, or his or her designee; and
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(v) the Cook County Sheriff, or his or her
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(1.5) The Chair and Vice Chair shall be elected from
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| among its members by a majority of the members of the Council.
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(2) Members of the Council who serve because of their
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| 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.
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(3) Council members shall serve without compensation
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| but shall be reimbursed for travel and per diem expenses incurred in their work for the Council.
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(4) The Council may exercise any power, perform any
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| 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.
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(5) The Council shall determine the qualifications
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| for and hire the Executive Director.
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(d) Duties. The Council shall perform, as resources permit, duties including:
(1) Collect and analyze information including
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| 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.
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(2) Prepare criminal justice population projections
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| annually, including correctional and community-based supervision populations.
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(3) Analyze data relevant to proposed sentencing
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| legislation and its effect on current policies or practices, and provide information to support evidence-based sentencing.
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(4) Ensure that adequate resources and facilities are
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| 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.
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(4.5) Study and conduct a thorough analysis of
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| 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.
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(5) Perform such other studies or tasks pertaining to
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| sentencing policies as may be requested by the Governor or the Illinois General Assembly.
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(6) Perform such other functions as may be required
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| by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b).
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(7) Publish a report on the trends in sentencing for
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| 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.
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(e) Authority.
(1) The Council shall have the power to perform the
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| 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.
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(2) Upon request from the Council, each executive
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| agency and department of State and local government shall provide information and records to the Council in the execution of its duties.
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(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.)
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(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:
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(1) working or employment approved by the court
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| or traveling to or from approved employment;
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(2) unemployed and seeking employment approved
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| for the participant by the court;
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(3) undergoing medical, psychiatric, mental
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| health treatment, counseling, or other treatment programs approved for the participant by the court;
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(4) attending an educational institution or a
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| program approved for the participant by the court;
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(5) attending a regularly scheduled religious
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| service at a place of worship;
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(6) participating in community work release or
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| community service programs approved for the participant by the supervising authority;
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(7) for another compelling reason consistent with
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| the public interest, as approved by the supervising authority; or
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(8) purchasing groceries, food, or other basic
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(A-1) At a minimum, any person ordered to pretrial
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| 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.
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(B) The participant shall admit any person or agent
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| 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.
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(C) The participant shall make the necessary
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| 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.
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(D) The participant shall acknowledge and participate
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| 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.
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(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's
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| home, or on the participant's person, or both; and
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(3) a monitoring device in the participant's home
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| and on the participant's person in the absence of a telephone.
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(F) The participant shall obtain approval from the
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| supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.
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(G) The participant shall not commit another crime
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| during the period of home detention ordered by the Court.
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(H) Notice to the participant that violation of the
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| order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
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(I) The participant shall abide by other conditions
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| as set by the supervising authority.
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(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.)
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(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;
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(2) vocational or educational short-term and
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(3) financial literacy and planning to include
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| payments of fines, fees, restitution, child support, and other debt;
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(4) access to healthcare, mental healthcare, and
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| chemical dependency treatment;
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(5) living and transportation arrangements;
(6) family reunification, if appropriate, and
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| pro-social support networks; and
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(7) information about community-based employment
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| services and employment service programs available for persons with prior arrest or criminal convictions.
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(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
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(2) the number of persons assessed as having a high
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| or moderate criminogenic need who have completed programming addressing that criminogenic need prior to release listed by program and county;
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(3) the number of persons released in the reporting
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| year who have engaged in pre-release planning prior to their release listed by county;
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(4) the number of persons who have been released to
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| electronic detention prior to their mandatory supervised release date;
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(5) the number of persons who have been released
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| after their mandatory supervised release date, average time past mandatory supervised release date, and reasons held past mandatory supervised release date; and
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(6) when implemented, the number of Frequent Users
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| Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program participants and average prison bed days saved.
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(Source: P.A. 100-575, eff. 1-8-18.)
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(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
Sec. 5-9-1.3. Fines for offenses involving theft, deceptive practices, and
offenses against units of local government or school districts.
(a) When a person
has been adjudged guilty of a felony under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 17-1, 17-50, 17-51, 17-52, 17-52.5, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the court in an amount which is the greater of $25,000 or twice
the value of the property which is the subject of the offense.
(b) When a person has been convicted of a felony under Section 16-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 and the theft was committed upon any unit of local
government or school district, or
the person has been convicted of any violation of Sections 33C-1 through 33C-4
or Sections 33E-3 through 33E-18, or subsection (a), (b), (c), or (d) of Section 17-10.3, of the Criminal Code of 1961 or the Criminal Code of 2012, a fine may be
levied by the
court in an amount that is the greater of $25,000 or treble the value of the
property which is the subject of the offense or loss to the unit of local
government or school district.
(c) All fines imposed under subsection (b) of this Section shall be
distributed as follows:
(1) An amount equal to 30% shall be distributed to |
| the unit of local government or school district that was the victim of the offense;
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(2) An amount equal to 30% shall be distributed to
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| the unit of local government whose officers or employees conducted the investigation into the crimes against the unit of local government or school district. Amounts distributed to units of local government shall be used solely for the enforcement of criminal laws protecting units of local government or school districts;
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(3) An amount equal to 30% shall be distributed to
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| the State's Attorney of the county in which the prosecution resulting in the conviction was instituted. The funds shall be used solely for the enforcement of criminal laws protecting units of local government or school districts; and
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(4) An amount equal to 10% shall be distributed to
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| the circuit court clerk of the county where the prosecution resulting in the conviction was instituted.
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(d) A fine order under subsection (b) of this Section is a judgment lien in
favor of the victim unit of local government or school district, the State's
Attorney of the county where
the
violation
occurred, the law enforcement agency that investigated the violation, and the
circuit court clerk.
(Source: P.A. 96-1200, eff. 7-22-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
(Text of Section from P.A. 103-363)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to the provisions
of the Juvenile Court Act of 1987, any minor adjudicated delinquent for an
offense
which if committed by an adult would constitute a violation of the Cannabis
Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis assessment of $100
for each
adjudication.
Upon verified petition of the minor, the court may suspend payment of
all or part of the assessment if it finds that the minor does not have the ability
to pay the assessment.
The parent, guardian, or legal custodian of the minor may pay
some or all of such assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a |
| crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
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(2) Any combination of units of local government
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| which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
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(3) The State Crime Laboratory Fund is hereby created
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| as a special fund in the State Treasury.
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(f) The analysis assessment provided for in subsection (c) of this
Section shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
analysis assessment shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) costs incurred in providing analysis for
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| controlled substances in connection with criminal investigations conducted within this State;
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(2) purchase and maintenance of equipment for use in
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(3) continuing education, training, and professional
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| development of forensic scientists regularly employed by these laboratories.
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(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
(Text of Section from P.A. 103-379)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) (Blank).
(c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, 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.
(d) Notwithstanding subsection (c-1) of this Section, all funds provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
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| crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
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(2) Any combination of units of local government
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| which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
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(3) The State Crime Laboratory Fund is hereby created
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| as a special fund in the State Treasury. Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on August 20, 2021 (the effective date of Public Act 102-505), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Offender DNA Identification System Fund into the State Crime Laboratory Fund. Upon completion of the transfer, the State Offender DNA Identification System Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Crime Laboratory Fund.
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(f) Funds shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
funds shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the funds shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) costs incurred in providing analysis for
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| controlled substances in connection with criminal investigations conducted within this State;
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(2) purchase and maintenance of equipment for use in
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(3) continuing education, training, and professional
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| development of forensic scientists regularly employed by these laboratories.
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(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23.)
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(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have the following
meanings ascribed to them:
(1) "Sexual assault" means the commission or |
| attempted commission of the following: sexual exploitation of a child, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.
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(2) (Blank).
(3) "Sexual assault organization" means any
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| not-for-profit organization providing comprehensive, community-based services to victims of sexual assault. "Community-based services" include, but are not limited to, direct crisis intervention through a 24-hour response, medical and legal advocacy, counseling, information and referral services, training, and community education.
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(b) (Blank).
(c) Sexual Assault Services Fund; administration. There is created a
Sexual Assault Services Fund. Moneys deposited into the Fund under Section 15-20 and 15-40 of the Criminal and Traffic Assessment Act shall be appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services Fund, the Department
of Public Health shall make grants of these moneys from the Fund to sexual
assault organizations with whom the Department has contracts for the purpose of
providing community-based services to victims of sexual assault. Grants made
under this Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 100-987, eff. 7-1-19 .)
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