| |
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 5/5-9-1.3
(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
| |
(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
| |
(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
| |
(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
| |
(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.)
|
|
|
|