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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 5/5-8A-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
    
supervised release;
        (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
        
necessities.
        (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
    
long-term goals;
        (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
    
listed by county;
        (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.)

730 ILCS 5/5-8A-5.1

    (730 ILCS 5/5-8A-5.1)
    Sec. 5-8A-5.1. Public notice of release on electronic monitoring or home detention. The Department of Corrections must make identification information and a recent photo of an inmate being placed on electronic monitoring or home detention under the provisions of this Article accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release on electronic monitoring or home detention, and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-6

    (730 ILCS 5/5-8A-6)
    Sec. 5-8A-6. Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012, in a court order, or as a condition of the offender's parole, mandatory supervised release, or extended mandatory supervised release and the offender's departure from specified geographic limitations. To the extent that he or she is able to do so, which the Department of Corrections by rule shall determine, the offender must pay for the cost of the electronic monitoring. 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 5/5-8A-7

    (730 ILCS 5/5-8A-7)
    Sec. 5-8A-7. Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, Department of Juvenile Justice, or court (the supervising authority) orders electronic surveillance as a condition of parole, aftercare release, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of pretrial release for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have real-time and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach. The supervising authority may also require that the electronic surveillance ordered under this Section monitor the consumption of alcohol or drugs.
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)

730 ILCS 5/5-8A-8

    (730 ILCS 5/5-8A-8)
    Sec. 5-8A-8. Service of a minimum term of imprisonment. When an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic monitoring or home detention program for service of that minimum term of imprisonment unless (i) the offender was convicted of an excluded offense or (ii) the court's sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility.
(Source: P.A. 98-161, eff. 1-1-14; 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-9

    (730 ILCS 5/5-8A-9)
    Sec. 5-8A-9. Electronic monitoring by probation departments. If the supervising authority is a probation department, the Chief Judge of the circuit court may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees and shall not unduly burden the offender and shall be subject to review by the Chief Judge of the circuit court.
    The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/Ch. V Art. 9

 
    (730 ILCS 5/Ch. V Art. 9 heading)
ARTICLE 9. FINES

730 ILCS 5/5-9-1

    (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
    Sec. 5-9-1. Authorized fines.
    (a) An offender may be sentenced to pay a fine as provided in Article 4.5 of Chapter V.
    (b) (Blank).
    (c) (Blank).
    (c-5) (Blank).
    (c-7) (Blank).
    (c-9) (Blank).
    (d) In determining the amount and method of payment of a fine, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court shall consider:
        (1) the financial resources and future ability of the
    
offender to pay the fine; and
        (2) whether the fine will prevent the offender from
    
making court ordered restitution or reparation to the victim of the offense; and
        (3) in a case where the accused is a dissolved
    
corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
    (e) The court may order the fine to be paid forthwith or within a specified period of time or in installments.
    (f) (Blank).
(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.1

    (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
    Sec. 5-9-1.1. (Repealed).
(Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)

730 ILCS 5/5-9-1.1-5

    (730 ILCS 5/5-9-1.1-5)
    Sec. 5-9-1.1-5. (Repealed).
(Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)

730 ILCS 5/5-9-1.2

    (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
    Sec. 5-9-1.2. (a) Twelve and one-half percent of all amounts collected as fines pursuant to Section 5-9-1.1 shall be paid into the Youth Drug Abuse Prevention Fund, which is hereby created in the State treasury, to be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, and prevention and education services, for juveniles.
    (b) Eighty-seven and one-half percent of the proceeds of all fines received pursuant to Section 5-9-1.1 shall be transmitted to and deposited in the treasurer's office at the level of government as follows:
        (1) If such seizure was made by a combination of law
    
enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
        (2) If such seizure was made by State law enforcement
    
personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
        (3) If a State law enforcement agency in combination
    
with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
    (c) The proceeds of all fines allocated to the law enforcement agency or agencies of the unit or units of local government pursuant to subsection (b) shall be made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. The proceeds of fines awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund. Monies from this fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled substances and cannabis; to satisfy funding provisions of the Intergovernmental Drug Laws Enforcement Act; and to defray costs and expenses associated with returning violators of the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in those Acts, when punishment of the crime shall be confinement of the criminal in the penitentiary. Moneys in the Drug Traffic Prevention Fund deposited from fines awarded as a direct result of enforcement efforts of the Illinois Conservation Police may be used by the Department of Natural Resources Office of Law Enforcement for use in enforcing laws regulating controlled substances and cannabis on Department of Natural Resources regulated lands and waterways. All other monies shall be paid into the general revenue fund in the State treasury.
    (d) There is created in the State treasury the Methamphetamine Law Enforcement Fund. Moneys in the Fund shall be equitably allocated to local law enforcement agencies to: (1) reimburse those agencies for the costs of securing and cleaning up sites and facilities used for the illegal manufacture of methamphetamine; (2) defray the costs of employing full-time or part-time peace officers from a Metropolitan Enforcement Group or other local drug task force, including overtime costs for those officers; and (3) defray the costs associated with medical or dental expenses incurred by the county resulting from the incarceration of methamphetamine addicts in the county jail or County Department of Corrections.
(Source: P.A. 102-538, eff. 8-20-21.)

730 ILCS 5/5-9-1.3

    (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;
        (2) An amount equal to 30% shall be distributed to
    
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;
        (3) An amount equal to 30% shall be distributed to
    
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
        (4) An amount equal to 10% shall be distributed to
    
the circuit court clerk of the county where the prosecution resulting in the conviction was instituted.
    (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.)

730 ILCS 5/5-9-1.4

    (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.
        (2) Any combination of units of local government
    
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.
        (3) The State Crime Laboratory Fund is hereby created
    
as a special fund in the State Treasury.
    (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
    
controlled substances in connection with criminal investigations conducted within this State;
        (2) purchase and maintenance of equipment for use in
    
performing analyses; and
        (3) continuing education, training, and professional
    
development of forensic scientists regularly employed by these laboratories.
    (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
    
crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
        (2) Any combination of units of local government
    
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.
        (3) The State Crime Laboratory Fund is hereby created
    
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.
    (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
    
controlled substances in connection with criminal investigations conducted within this State;
        (2) purchase and maintenance of equipment for use in
    
performing analyses; and
        (3) continuing education, training, and professional
    
development of forensic scientists regularly employed by these laboratories.
    (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.)

730 ILCS 5/5-9-1.5

    (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
    Sec. 5-9-1.5. (Repealed).
(Source: P.A. 93-810, eff. 1-1-05. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.6

    (730 ILCS 5/5-9-1.6) (from Ch. 38, par. 1005-9-1.6)
    Sec. 5-9-1.6. (Repealed).
(Source: P.A. 87-895. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.7

    (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.
        (2) (Blank).
        (3) "Sexual assault organization" means any
    
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.
    (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.)

730 ILCS 5/5-9-1.8

    (730 ILCS 5/5-9-1.8)
    Sec. 5-9-1.8. Child pornography fines. Beginning July 1, 2006, 100% of the fines in excess of $10,000 collected for violations of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be deposited into the Child Abuse Prevention Fund. Moneys in the Fund resulting from the fines shall be for the use of the Department of Children and Family Services for grants to private entities giving treatment and counseling to victims of child sexual abuse.
(Source: P.A. 102-1071, eff. 6-10-22.)

730 ILCS 5/5-9-1.9

    (730 ILCS 5/5-9-1.9)
    (Text of Section from P.A. 103-363)
    Sec. 5-9-1.9. DUI analysis fee.
    (a) "Crime laboratory" means a not-for-profit laboratory substantially funded by a single unit or combination of units of local government or the State of Illinois that regularly employs at least one person engaged in the DUI analysis of blood, other bodily substance, and urine for criminal justice agencies in criminal matters and provides testimony with respect to such examinations.
    "DUI analysis" means an analysis of blood, other bodily substance, or urine for purposes of determining whether a violation of Section 11-501 of the Illinois Vehicle Code has occurred.
    (b) (Blank).
    (c) In addition to any other disposition made under 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 Section 11-501 of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment of $150 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 the assessment on the minor's behalf.
    (d) All crime laboratory DUI analysis assessments provided for by this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory DUI fund as provided in subsection (f).
    (e) Crime laboratory funds shall be established as follows:
        (1) A unit of local government that maintains a crime
    
laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
        (2) Any combination of units of local government that
    
maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
        (3) (Blank).
    (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 DUI fund, or remitted to the State Treasurer for deposit into 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 DUI 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 DUI fund, then the analysis assessment shall be remitted to the State Treasurer for deposit into the State Crime Laboratory Fund.
    (g) Moneys deposited into a crime laboratory DUI fund created under paragraphs (1) and (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 DUI
    
investigations conducted within this State.
        (2) Purchase and maintenance of equipment for use in
    
performing analyses.
        (3) Continuing education, training, and professional
    
development of forensic scientists regularly employed by these laboratories.
    (h) Moneys deposited in the State Crime Laboratory Fund 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 according to existing law and shall be designated for the exclusive use of State crime laboratories. These uses may include those enumerated in subsection (g) of this Section.
    (i) (Blank).
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 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. 5-9-1.9. DUI analysis.
    (a) "Crime laboratory" means a not-for-profit laboratory substantially funded by a single unit or combination of units of local government or the State of Illinois that regularly employs at least one person engaged in the DUI analysis of blood, other bodily substance, and urine for criminal justice agencies in criminal matters and provides testimony with respect to such examinations.
    "DUI analysis" means an analysis of blood, other bodily substance, or urine for purposes of determining whether a violation of Section 11-501 of the Illinois Vehicle Code has occurred.
    (b) (Blank).
    (c) (Blank).
    (c-1) A criminal laboratory DUI 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), all funds provided for by this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory DUI fund as provided in subsection (f).
    (e) Crime laboratory funds shall be established as follows:
        (1) A unit of local government that maintains a crime
    
laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
        (2) Any combination of units of local government that
    
maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
        (3) (Blank).
    (f) Notwithstanding subsection (c-1), all 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 DUI fund, or remitted to the State Treasurer for deposit into 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 DUI 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 DUI fund, then the funds shall be remitted to the State Treasurer for deposit into the State Crime Laboratory Fund.
    (g) Moneys deposited into a crime laboratory DUI fund created under paragraphs (1) and (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 DUI
    
investigations conducted within this State.
        (2) Purchase and maintenance of equipment for use in
    
performing analyses.
        (3) Continuing education, training, and professional
    
development of forensic scientists regularly employed by these laboratories.
    (h) Moneys deposited in the State Crime Laboratory Fund 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 according to existing law and shall be designated for the exclusive use of State crime laboratories. These uses may include those enumerated in subsection (g) of this Section.
    (i) Notwithstanding any other provision of law to the contrary and in addition to any other transfers that may be provided by law, on June 17, 2021 (the effective date of Public Act 102-16), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Police DUI Fund into the State Police Operations Assistance Fund. Upon completion of the transfer, the State Police DUI 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 Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23.)

730 ILCS 5/5-9-1.10

    (730 ILCS 5/5-9-1.10)
    Sec. 5-9-1.10. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.11

    (730 ILCS 5/5-9-1.11)
    Sec. 5-9-1.11. Domestic Violence Abuser Services Fund.
    (a) (Blank).
    (b) Domestic Violence Abuser Services Fund; administration. There is created a Domestic Violence Abuser Services Fund in the State Treasury. Moneys deposited into the Fund under Section 15-70 of the Criminal and Traffic Assessments Act shall be appropriated to the Department of Human Services for the purpose of providing services specified by this Section. Upon appropriation of moneys from the Domestic Violence Abuser Services Fund, the Department of Human Services shall set aside 10% of all appropriated funds for the purposes of program training, development and assessment. The Department shall make grants of all remaining moneys from the Fund to qualified domestic violence abuser services programs through a competitive application process. A "qualified domestic violence abuser services program" is one which the Department determines is in compliance with protocols for abuser services promulgated by the Department. To the extent possible the Department shall ensure that moneys received from penalties imposed by courts in judicial districts are returned to qualified abuser services programs serving those districts.
(Source: P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.12

    (730 ILCS 5/5-9-1.12)
    Sec. 5-9-1.12. (Repealed).
(Source: P.A. 97-901, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.13

    (730 ILCS 5/5-9-1.13)
    Sec. 5-9-1.13. Applications for transfer to other states. A person subject to conditions of probation, parole, or mandatory supervised release who seeks to transfer to another state subject to the Interstate Compact for Adult Offender Supervision must make provisions for the payment of any restitution awarded by the circuit court and pay a fee of $125 to the proper administrative or judicial authorities before being granted the transfer, or otherwise arrange for payment. The fee payment from persons subject to a sentence of probation shall be deposited into the general fund of the county in which the circuit has jurisdiction. The fee payment from persons subject to parole or mandatory supervised release shall be deposited into the General Revenue Fund. The proceeds of this fee shall be used to defray the costs of the Department of Corrections or county sheriff departments, respectively, who will be required to retrieve offenders that violate the terms of their transfers to other states. Upon return to the State of Illinois, these persons shall also be subject to reimbursing either the State of Illinois or the county for the actual costs of returning them to Illinois.
(Source: P.A. 95-331, eff. 8-21-07.)

730 ILCS 5/5-9-1.14

    (730 ILCS 5/5-9-1.14)
    Sec. 5-9-1.14. (Repealed).
(Source: P.A. 98-359, eff. 1-1-14. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.15

    (730 ILCS 5/5-9-1.15)
    Sec. 5-9-1.15. (Repealed).
(Source: P.A. 101-571, eff. 8-23-19. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.16

    (730 ILCS 5/5-9-1.16)
    Sec. 5-9-1.16. Protective order violation service provider fees.
    (a) (Blank).
    (b) (Blank).
    (c) The supervising authority of a domestic violence surveillance program under Section 5-8A-7 of this Act shall assess a person either convicted of, or charged with, the violation of an order of protection an additional service provider fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program. If the court finds that the fee would impose an undue burden on the victim, the court may reduce or waive the fee. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fee.
    When the supervising authority is the court or the probation and court services department, the fee shall be collected by the circuit court clerk. The clerk of the circuit court shall pay all monies collected from this fee and all other required probation fees that are assessed to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probations Officers Act. In counties with a population of 2 million or more, when the supervising authority is the court or the probation and court services department, the fee shall be collected by the supervising authority. In these counties, the supervising authority shall pay all monies collected from this fee and all other required probation fees that are assessed, to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
    When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit into the Department of Corrections Reimbursement and Education Fund.
    (d) (Blank).
    (e) (Blank).
(Source: P.A. 99-933, eff. 1-27-17; 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.17

    (730 ILCS 5/5-9-1.17)
    Sec. 5-9-1.17. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.18

    (730 ILCS 5/5-9-1.18)
    Sec. 5-9-1.18. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.19

    (730 ILCS 5/5-9-1.19)
    Sec. 5-9-1.19. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.20

    (730 ILCS 5/5-9-1.20)
    Sec. 5-9-1.20. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.21

    (730 ILCS 5/5-9-1.21)
    Sec. 5-9-1.21. Specialized Services for Survivors of Human Trafficking Fund.
    (a) There is created in the State treasury a Specialized Services for Survivors of Human Trafficking Fund. Moneys deposited into the Fund under this Section shall be available for the Department of Human Services for the purposes in this Section.
    (b) (Blank).
    (c) (Blank).
    (d) Upon appropriation of moneys from the Specialized Services for Survivors of Human Trafficking Fund, the Department of Human Services shall use these moneys to make grants to non-governmental organizations to provide specialized, trauma-informed services specifically designed to address the priority service needs associated with prostitution and human trafficking. Priority services include, but are not limited to, community based drop-in centers, emergency housing, and long-term safe homes. The Department shall consult with prostitution and human trafficking advocates, survivors, and service providers to identify priority service needs in their respective communities.
    (e) Grants made under this Section are in addition to, and not substitutes for, other grants authorized and made by the Department.
    (f) Notwithstanding any other law to the contrary, the Specialized Services for Survivors of Human Trafficking Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Specialized Services for Survivors of Human Trafficking Fund into any other fund of the State.
(Source: P.A. 100-987, eff. 7-1-19.)

730 ILCS 5/5-9-1.22

    (730 ILCS 5/5-9-1.22)
    Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who is convicted or receives a disposition of court supervision for a violation of Section 11-501 of the Illinois Vehicle Code shall, in addition to any other disposition, penalty, or fine imposed, pay a fee of $50 which shall be collected by the clerk of the court and then remitted to the State Treasurer for deposit into the Roadside Memorial Fund, a special fund that is created in the State treasury. However, the court may waive the fee if full restitution is complied with. Subject to appropriation, all moneys in the Roadside Memorial Fund shall be used by the Department of Transportation to pay fees imposed under subsection (f) of Section 20 of the Roadside Memorial Act.
    This Section is substantially the same as Section 5-9-1.18 of the Unified Code of Corrections, which Section was repealed by Public Act 100-987, and shall be construed as a continuation of the fee established by that prior law, and not as a new or different fee.
(Source: P.A. 101-10, eff. 6-5-19; 102-278, eff. 8-6-21.)

730 ILCS 5/5-9-2

    (730 ILCS 5/5-9-2) (from Ch. 38, par. 1005-9-2)
    Sec. 5-9-2. Revocation of a Fine. Except as to fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court, upon good cause shown, may revoke the fine or the unpaid portion or may modify the method of payment.
(Source: P.A. 87-396.)

730 ILCS 5/5-9-3

    (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
    Sec. 5-9-3. Default.
    (a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment. The court may issue a summons for his appearance or a warrant of arrest.
    (b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the payment of the fine.
    (c) If it appears that the default in the payment of a fine is not intentional under paragraph (b) of this Section, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion.
    (d) When a fine is imposed on a corporation or unincorporated organization or association, it is the duty of the person or persons authorized to make disbursement of assets, and their superiors, to pay the fine from assets of the corporation or unincorporated organization or association. The failure of such persons to do so shall render them subject to proceedings under paragraphs (a) and (b) of this Section.
    (e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof may be collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof. An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court. The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.
    (f) This Section does not apply against a minor or the minor's parent, guardian, or legal custodian in cases 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.
(Source: P.A. 103-379, eff. 7-28-23.)

730 ILCS 5/5-9-4

    (730 ILCS 5/5-9-4) (from Ch. 38, par. 1005-9-4)
    Sec. 5-9-4. Order of Withholding. The court may enter an order of withholding to collect the amount of a fine imposed on an offender in accordance with Part 8 of Article XII of the Code of Civil Procedure.
(Source: P.A. 87-609.)

730 ILCS 5/Ch. VIII

 
    (730 ILCS 5/Ch. VIII heading)
CHAPTER VIII. MISCELLANEOUS

730 ILCS 5/Ch. VIII Art. 1

 
    (730 ILCS 5/Ch. VIII Art. 1 heading)
ARTICLE 1. CUMULATIVE EFFECT

730 ILCS 5/8-1-1

    (730 ILCS 5/8-1-1) (from Ch. 38, par. 1008-1-1)
    Sec. 8-1-1. Cumulative powers.
    The provisions of this Code shall be cumulative in effect and if any provision is inconsistent with another provision of this Code or with any other Act not expressly repealed by Section 8-5-1, it shall be considered as an alternative or additional power and not as a limitation upon any other power granted to or possessed by the Department of Corrections.
(Source: P.A. 78-939.)

730 ILCS 5/8-1-2

    (730 ILCS 5/8-1-2) (from Ch. 38, par. 1008-1-2)
    Sec. 8-1-2. Powers of State Agencies.
    The provisions of this Code do not impair, alter, modify or repeal any of the jurisdiction or powers possessed by any department, board, commission, or officer of the State government immediately prior to the effective date of this Code.
(Source: P.A. 77-2097.)

730 ILCS 5/Ch. VIII Art. 2

 
    (730 ILCS 5/Ch. VIII Art. 2 heading)
ARTICLE 2. SAVINGS PROVISIONS

730 ILCS 5/8-2-1

    (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
    Sec. 8-2-1. Saving clause. The repeal of Acts or parts of Acts enumerated in Section 8-5-1 does not: (1) affect any offense committed, act done, prosecution pending, penalty, punishment or forfeiture incurred, or rights, powers or remedies accrued under any law in effect immediately prior to the effective date of this Code; (2) impair, avoid, or affect any grant or conveyance made or right acquired or cause of action then existing under any such repealed Act or amendment thereto; (3) affect or impair the validity of any pretrial release or other obligation issued or sold and constituting a valid obligation of the issuing authority immediately prior to the effective date of this Code; (4) the validity of any contract; or (5) the validity of any tax levied under any law in effect prior to the effective date of this Code. The repeal of any validating Act or part thereof shall not avoid the effect of the validation. No Act repealed by Section 8-5-1 shall repeal any Act or part thereof which embraces the same or a similar subject matter as the Act repealed.
(Source: P.A. 101-652, eff. 1-1-23.)

730 ILCS 5/8-2-2

    (730 ILCS 5/8-2-2) (from Ch. 38, par. 1008-2-2)
    Sec. 8-2-2. Continuation of prior law.
    The provisions of this Code insofar as they are the same or substantially the same as those of any prior statute, shall be construed as a continuation of such prior statute and not as a new enactment.
    If in any other statute reference is made to an Act of the General Assembly, or a Section of such an Act, which is continued in this Code such reference shall be held to refer to the Act or Section thereof so continued in this Code.
(Source: P.A. 77-2097.)

730 ILCS 5/8-2-3

    (730 ILCS 5/8-2-3) (from Ch. 38, par. 1008-2-3)
    Sec. 8-2-3. Existing indebtedness.
    Any bond or other evidence of indebtedness issued under the provisions of any Act repealed by this Code which is outstanding and unpaid on the effective date of this Code shall be amortized and retired by taxation or revenue in the manner provided by the Act under which such indebtedness was incurred, notwithstanding the repeal of such Act.
    However, the provisions of this Section shall not be construed to prevent the refunding of any such indebtedness under the provisions of this Code or as may be otherwise provided by law.
(Source: P.A. 77-2097.)

730 ILCS 5/8-2-4

    (730 ILCS 5/8-2-4) (from Ch. 38, par. 1008-2-4)
    Sec. 8-2-4. Prosecutions Continued; Applicable Sentencing Provisions.
    (a) Prosecution for any violation of law occurring prior to January 1, 1973, is not affected or abated by the Unified Code of Corrections. If the offense being prosecuted has not reached the sentencing stage or a final adjudication by January 1, 1973, then for purposes of sentencing the sentences under the Unified Code of Corrections apply if they are less than under the prior law upon which the prosecution was commenced.
    (b) Prosecution for any violation of law occurring before the effective date of this amendatory Act of 1977 is not affected or abated by this amendatory Act of 1977. If the defendant has not been sentenced before the effective date of this amendatory Act of 1977, he shall have the right to elect to be sentenced under the law as it existed at the time of his offense or under the law in effect on and after the effective date of this amendatory Act of 1977. If a sentence has been imposed before the effective date of this amendatory Act of 1977, the defendant shall not have the right of election even though his case has not been finally adjudicated on appeal; however, where eligible, he shall have the rights provided by Section 3-3-2.1 of this Code.
(Source: P.A. 80-1099.)

730 ILCS 5/Ch. VIII Art. 3

 
    (730 ILCS 5/Ch. VIII Art. 3 heading)
ARTICLE 3. CHAPTER, ARTICLE OR
SECTION HEADINGS - EFFECT -
REFERENCES THERETO

730 ILCS 5/8-3-1

    (730 ILCS 5/8-3-1) (from Ch. 38, par. 1008-3-1)
    Sec. 8-3-1. Chapter, Article or Sections Headings-Effect.
    Chapter Article or Section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Chapter, Article or Section hereof.
(Source: P.A. 77-2097.)

730 ILCS 5/8-3-2

    (730 ILCS 5/8-3-2) (from Ch. 38, par. 1008-3-2)
    Sec. 8-3-2. References to headings.
    Where, in this Code, reference is made to a Section, Article or Chapter by its number and no Act is specified, the reference is to the correspondingly numbered Section, Article or Chapter of this Code. Where reference is made to "this Chapter" or "this Article" or "this Section" and no Act is specified, the reference is to the Chapter, Article or Section of this Code in which the reference appears. If any Section, Article or Chapter of this Code is hereafter amended, the reference shall thereafter be treated and considered as a reference to the Section, Article or Chapter as so amended.
(Source: P.A. 77-2097.)

730 ILCS 5/Ch. VIII Art. 4

 
    (730 ILCS 5/Ch. VIII Art. 4 heading)
ARTICLE 4. SEVERABILITY

730 ILCS 5/8-4-1

    (730 ILCS 5/8-4-1) (from Ch. 38, par. 1008-4-1)
    Sec. 8-4-1. Severability of invalid provisions.
    If any provision of this Code or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Code which can be given effect without the invalid application or provision, and to this end the provisions of this Code are declared to be severable.
(Source: P.A. 77-2097.)

730 ILCS 5/Ch. VIII Art. 5

 
    (730 ILCS 5/Ch. VIII Art. 5 heading)
ARTICLE 5. REPEAL

730 ILCS 5/8-5-1

    (730 ILCS 5/8-5-1) (from Ch. 38, par. 1008-5-1)
    Sec. 8-5-1. Repeals.
    The following Acts and parts of Acts are repealed:
    The "Juvenile Offenders Act", approved June 30, 1953, as amended.
    "An Act relating to the establishment, operation and maintenance of the Illinois Industrial School for Boys and to repeal an Act named therein", approved June 30, 1953.
    "An Act in relation to the Illinois State Training School for Boys", approved May 10, 1901, as amended.
    "An Act in relation to the Illinois State Training School for Girls, and to repeal an Act named therein", approved June 30, 1953.
    "An Act to establish and provide for a State Reformatory for Women", approved June 30, 1927, as amended.
    Section 1-7 of the "Criminal Code of 1961", approved July 28, 1961, as amended.
    Section 38a of the "Uniform Narcotic Drug Act", approved July 11, 1957, as amended.
    Sections 104-1, 104-2, 104-3, 113-7, 117-1, 117-2, 117-3, 118-1, 118-2, 119-1, 119-2, 119-3, 119-4, 123-1, 123-2, 123-3, 123-4, 123-6, 123-7, and 124-2 of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended.
    "An Act authorizing the Governor to enter into certain reciprocal agreements with other states", approved January 7, 1936, as amended.
    "An Act in relation to the employment of persons committed to a county jail, house of correction or workhouse", approved July 17, 1959, as amended.
    "An Act in relation to imprisonment for nonpayment of a fine imposed for violation of an ordinance, resolution, rule or regulation of a political entity", approved August 13, 1963.
    "An Act to regulate the manner of applying for pardons, reprieves and commutations", approved May 31, 1879.
    "An Act in relation to pardons and the commutation of sentences", approved June 5, 1897, as amended.
    "An Act in relation to the penitentiary at Joliet, to be entitled, 'An Act to provide for the management of the Illinois State Penitentiary at Joliet'", approved June 16, 1871, as amended.
    "An Act to regulate the labor of convicts of the penitentiary of the State", approved March 25, 1874, as amended.
    "An Act in relation to certain rights of persons convicted of crime", approved June 26, 1925, as amended.
    "An Act in relation to merger of certain sentences", approved July 9, 1957.
    "An Act to secure the clergymen of all denominations free access to the penitentiary at Joliet and all other penal, reformatory and charitable institutions in the State of Illinois", approved March 28, 1874, as amended.
    "An Act to give to the authorities of penitentiaries, in the State of Illinois, police powers on grounds owned or leased by the State in connection with said penitentiaries", approved May 30, 1881.
    "An Act to regulate the employment of convicts and prisoners in penal and reformatory institutions and regulating the disposition of the products of convict or prison labor", approved May 11, 1903, as amended.
    "An Act authorizing the employment of inmates in the penal and reformatory institutions of the State for manufacturing materials and machinery used in the construction and maintenance of State highways", approved May 18, 1905, as amended.
    "An Act to authorize the employment of convicts and prisoners in the penal and reformatory institutions of the State of Illinois in the preparation of road building materials and in working on the public roads, etc.", approved June 28, 1913, as amended.
    "An Act in relation to the Illinois State penitentiary", approved June 30, 1933, as amended.
    "An Act concerning furloughs for qualified inmates of the State prison system for certain purposes", approved July 31, 1969.
    "An Act for the identification of habitual criminals", approved April 15, 1889, as amended.
    "An Act to revise the law in relation to the fixing of the punishment and the sentence and commitment of persons convicted of crime or offenses, and providing for a system of parole", approved June 25, 1917, as amended.
    "An Act in relation to the Illinois State Farm", approved June 27, 1923, as amended.
    Sections 5.11a, 6.05, 55a.1, 55a.2, 55b, 55c, 55c.1, 55d, 55e, 55f, 55g, 55h of "The Civil Administrative Code of Illinois", approved March 7, 1917, as amended.
    "An Act relating to the establishment, maintenance and operation of certain transitional institutions by the Department of Corrections", approved August 16, 1963, as amended.
    "An Act to establish a professional apprentice system within the Department of Corrections", approved August 16, 1963, as amended.
    "An Act ratifying and approving the Interstate corrections compact and providing for the administration thereof", approved August 4, 1971.
    Public Act No. 77-358.
    Public Act No. 77-359.
    Public Act No. 77-365.
    Public Act No. 77-366.
    Public Act No. 77-367.
    Public Act No. 77-368.
    Public Act No. 77-432.
    Public Act No. 77-448.
    Public Act No. 77-449.
    Public Act No. 77-451.
    Public Act No. 77-453.
    Public Act No. 77-454.
    Public Act No. 77-455.
    Public Act No. 77-458.
    Public Act No. 77-651.
    Public Act No. 77-661.
    Public Act No. 77-768.
    Public Act No. 77-1425.
(Source: P.A. 77-2097.)

730 ILCS 5/Ch. VIII Art. 6

 
    (730 ILCS 5/Ch. VIII Art. 6 heading)
ARTICLE 6. EFFECTIVE DATE

730 ILCS 5/8-6-1

    (730 ILCS 5/8-6-1) (from Ch. 38, par. 1008-6-1)
    Sec. 8-6-1. Effective Date.
    This Act shall take effect January 1, 1973.
(Source: P.A. 77-2097.)