State of Illinois
91st General Assembly
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Public Act 91-0153

SB643 Enrolled                                 LRB9104250KSpr

    AN ACT to  amend  the  Unified  Code  of  Corrections  by
changing Sections 5-5-6 and 5-6-2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Unified Code of Corrections is amended by
changing Sections 5-5-6 and 5-6-2 as follows:

    (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
    Sec. 5-5-6.  In all convictions for offenses in violation
of the Criminal Code of 1961 in which the person received any
injury to their person or damage to their  real  or  personal
property  as  a  result of the criminal act of the defendant,
the  court  shall  order  restitution  as  provided  in  this
Section.  When the offender is sentenced to make  restitution
the  Court shall determine the restitution as hereinafter set
forth:
         (a)  At  the  sentence  hearing,  the  court   shall
    determine whether the property may be restored in kind to
    the  possession  of  the  owner or the person entitled to
    possession thereof; or whether the defendant is possessed
    of  sufficient  skill  to  repair  and  restore  property
    damaged; or whether the defendant should be  required  to
    make  restitution  in  cash,  for out-of-pocket expenses,
    damages,  losses,  or  injuries  found   to   have   been
    proximately  caused  by  the  conduct of the defendant or
    another for whom the  defendant  is  legally  accountable
    under the provisions of Article V of the Criminal Code of
    1961.
         (b)  In  fixing the amount of restitution to be paid
    in cash,  the  court  shall  allow  credit  for  property
    returned  in  kind,  for  property  damages ordered to be
    repaired by the defendant, and for property ordered to be
    restored by the defendant; and after granting the credit,
    the court shall assess the actual out-of-pocket expenses,
    losses, damages, and  injuries  suffered  by  the  victim
    named  in  the  charge and any other victims who may also
    have suffered out-of-pocket  expenses,  losses,  damages,
    and  injuries  proximately  caused  by  the same criminal
    conduct of the defendant, and insurance carriers who have
    indemnified the named victim or  other  victims  for  the
    out-of-pocket  expenses,  losses,  damages,  or injuries,
    provided that in no event shall restitution be ordered to
    be paid on account of pain and suffering.  If a defendant
    is placed on supervision for, or convicted  of,  domestic
    battery,   the   defendant   shall  be  required  to  pay
    restitution to any domestic violence shelter in which the
    victim and any other family or  household  members  lived
    because  of  the  domestic  battery.   The  amount of the
    restitution  shall  equal  the  actual  expenses  of  the
    domestic violence shelter in providing  housing  and  any
    other  services  for  the  victim and any other family or
    household members living at the shelter.  If a  defendant
    fails to pay restitution in the manner or within the time
    period  specified  by  the  court, the court may enter an
    order directing the sheriff to seize any real or personal
    property of  a  defendant  to  the  extent  necessary  to
    satisfy  the  order  of  restitution  and  dispose of the
    property by public sale.  All proceeds from such sale  in
    excess  of the amount of restitution plus court costs and
    the costs of the sheriff in conducting the sale shall  be
    paid to the defendant.
         (c)  In  cases  where  more  than  one  defendant is
    accountable for the same criminal conduct that results in
    out-of-pocket expenses,  losses,  damages,  or  injuries,
    each defendant shall be ordered to pay restitution in the
    amount   of  the  total  actual  out-of-pocket  expenses,
    losses, damages, or injuries to  the  victim  proximately
    caused  by  the  conduct of all of the defendants who are
    legally accountable for the offense.
              (1)  In no event shall the victim  be  entitled
         to  recover  restitution  in  excess  of  the actual
         out-of-pocket   expenses,   losses,   damages,    or
         injuries,  proximately  caused by the conduct of all
         of the defendants.
              (2)  As between the defendants, the  court  may
         apportion   the   restitution  that  is  payable  in
         proportion to each co-defendant's culpability in the
         commission of the offense.
              (3)  In  the  absence  of  a   specific   order
         apportioning  the  restitution, each defendant shall
         bear his pro rata share of the restitution.
              (4)  As between the defendants, each  defendant
         shall  be  entitled  to  a pro rata reduction in the
         total restitution required to be paid to the  victim
         for   amounts   of   restitution  actually  paid  by
         co-defendants, and defendants who  shall  have  paid
         more  than their pro rata share shall be entitled to
         refunds to be computed by the  court  as  additional
         amounts are paid by co-defendants.
         (d)  In  instances  where  a defendant has more than
    one criminal charge pending against him in a single case,
    or more than one case, and the defendant stands convicted
    of one or more charges, a plea  agreement  negotiated  by
    the  State's  Attorney and the defendants may require the
    defendant to make restitution to victims of charges  that
    have  been  dismissed or which it is contemplated will be
    dismissed under the terms  of  the  plea  agreement,  and
    under  the  agreement, the court may impose a sentence of
    restitution  on  the  charge  or  charges  of  which  the
    defendant has  been  convicted  that  would  require  the
    defendant   to  make  restitution  to  victims  of  other
    offenses as provided in the plea agreement.
         (e)  The court may require the  defendant  to  apply
    the  balance  of  the  cash  bond, after payment of court
    costs, and any fine that may be imposed to the payment of
    restitution.
         (f)  Taking into consideration the  ability  of  the
    defendant  to  pay,  the  court  shall  determine whether
    restitution shall be paid  in  a  single  payment  or  in
    installments,  and  shall  fix  a  period  of time not in
    excess   of   5   years,   not   including   periods   of
    incarceration, within which payment of restitution is  to
    be paid in full. Complete restitution shall be paid in as
    short  a  time  period as possible. However, if the court
    deems it necessary  and  in  the  best  interest  of  the
    victim, the court may extend beyond 5 years the period of
    time  within  which  the  payment of restitution is to be
    paid. If the defendant is ordered to pay restitution  and
    the  court  orders  that restitution is to be paid over a
    period greater than 6 months, the court shall order  that
    the  defendant make monthly payments; the court may waive
    this requirement of monthly payments only if there  is  a
    specific finding of good cause for waiver.
         (g)  The  court  shall,  after  determining that the
    defendant has the ability to pay, require  the  defendant
    to pay for the victim's counseling services if:
              (1)  the  defendant was convicted of an offense
         under  Sections  11-19.2,  11-20.1,  12-13,   12-14,
         12-14.1,  12-15  or  12-16  of  the Criminal Code of
         1961, or was charged with such an  offense  and  the
         charge  was reduced to another charge as a result of
         a  plea  agreement  under  subsection  (d)  of  this
         Section, and
              (2)  the victim was under 18 years  of  age  at
         the  time  the  offense  was  committed and requires
         counseling as a result of the offense.
         The payments shall be made by the defendant  to  the
    clerk  of  the circuit court and transmitted by the clerk
    to the appropriate person or agency as  directed  by  the
    court.   The  order  may require such payments to be made
    for a period not to exceed 5 years after sentencing,  not
    including periods of incarceration.
         (h)  The  judge may enter an order of withholding to
    collect the amount of restitution owed in accordance with
    Part 8 of Article XII of the Code of Civil Procedure.
         (i)  A sentence of restitution may  be  modified  or
    revoked  by  the  court  if  the offender commits another
    offense, or the offender fails  to  make  restitution  as
    ordered by the court, but no sentence to make restitution
    shall  be  revoked  unless  the court shall find that the
    offender  has  had  the   financial   ability   to   make
    restitution,  and  he has wilfully refused to do so. When
    the offender's ability to pay restitution was established
    at the time  an  order  of  restitution  was  entered  or
    modified, or when the offender's ability to pay was based
    on the offender's willingness to make restitution as part
    of  a  plea  agreement  made  at  the  time  the order of
    restitution  was  entered  or  modified,   there   is   a
    rebuttable  presumption  that the facts and circumstances
    considered by the court at the hearing at which the order
    of restitution was  entered  or  modified  regarding  the
    offender's ability or willingness to pay restitution have
    not  materially changed. If the court shall find that the
    defendant has failed to make  restitution  and  that  the
    failure is not wilful, the court may impose an additional
    period  of  time  within  which to make restitution.  The
    length of the additional period shall not be more than  2
    years.   The  court  shall retain all of the incidents of
    the original sentence, including the authority to  modify
    or  enlarge  the  conditions,  and  to  revoke or further
    modify the sentence if  the  conditions  of  payment  are
    violated during the additional period.
         (j)  The  procedure upon the filing of a Petition to
    Revoke a sentence to make restitution shall be  the  same
    as the procedures set forth in Section 5-6-4 of this Code
    governing   violation,  modification,  or  revocation  of
    Probation, of Conditional Discharge, or of Supervision.
         (k)  Nothing  contained  in   this   Section   shall
    preclude  the  right  of  any party to proceed in a civil
    action to recover for any damages  incurred  due  to  the
    criminal misconduct of the defendant.
         (l)  Restitution  ordered  under  this Section shall
    not be subject to disbursement by the circuit clerk under
    Section 27.5 of the Clerks of Courts Act.
         (m)  A restitution order under  this  Section  is  a
    judgment lien in favor of the victim that:
              (1)  Attaches  to  the  property  of the person
         subject to the order;
              (2)  May be perfected in  the  same  manner  as
         provided  in  Part  3  of  Article  9 of the Uniform
         Commercial Code;
              (3)  May be enforced  to  satisfy  any  payment
         that  is  delinquent  under the restitution order by
         the person in whose favor the order is issued or the
         person's assignee; and
              (4)  Expires in the same manner as  a  judgment
         lien created in a civil proceeding.
         When  a  restitution  order  is  issued  under  this
    Section, the issuing court shall send a certified copy of
    the order to the clerk of the circuit court in the county
    where  the  charge  was filed.  Upon receiving the order,
    the clerk shall enter and index the order in the  circuit
    court judgment docket.
         (n)  An order of restitution under this Section does
    not bar a civil action for:
              (1)  Damages that the court did not require the
         person  to  pay  to the victim under the restitution
         order but arise from an injury or  property  damages
         that  is  the  basis  of  restitution ordered by the
         court; and
              (2)  Other damages suffered by the victim.
    The restitution order is not discharged by the completion
of the sentence imposed for the offense.
    A restitution order under this Section is not  discharged
by  the  liquidation  of  a person's estate by a receiver.  A
restitution order under this Section may be enforced  in  the
same  manner as judgment liens are enforced under Article XII
of the Code of Civil Procedure.
    The provisions of Section 2-1303 of  the  Code  of  Civil
Procedure,  providing  for  interest  on  judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 89-198, eff.  7-21-95;  89-203,  eff.  7-21-95;
89-428,  eff.  12-13-95;  89-462,  eff. 5-29-96; 89-689, eff.
12-31-96; 90-465, eff. 1-1-98.)

    (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
    Sec. 5-6-2. Incidents of  Probation  and  of  Conditional
Discharge.
    (a)  When  an  offender  is  sentenced  to  probation  or
conditional  discharge, the court shall impose a period under
paragraph  (b)  of  this  Section,  and  shall  specify   the
conditions under Section 5-6-3.
    (b)  Unless  terminated  sooner  as provided in paragraph
(c) of this Section or extended pursuant to paragraph (e)  of
this   Section,   the  period  of  probation  or  conditional
discharge shall be as follows:
         (1)  for a Class 1 or Class 2 felony, not to  exceed
    4 years;
         (2)  for  a Class 3 or Class 4 felony, not to exceed
    30 months;
         (3)  for a misdemeanor, not to exceed 2 years;
         (4)  for a petty offense, not to exceed 6 months.
    Multiple terms of probation  imposed  at  the  same  time
shall run concurrently.
    (c)  The  court  may  at  any time terminate probation or
conditional discharge if warranted  by  the  conduct  of  the
offender  and  the  ends  of  justice, as provided in Section
5-6-4.
    (d)  Upon the expiration or termination of the period  of
probation  or of conditional discharge, the court shall enter
an order discharging the offender.
    (e)  The court may extend  any  period  of  probation  or
conditional   discharge   beyond  the  limits  set  forth  in
paragraph (b) of this Section upon a violation of a condition
of the probation or conditional discharge, or for the payment
of an assessment required by Section  10.3  of  the  Cannabis
Control  Act  or  Section  411.2  of  the Illinois Controlled
Substances Act, or for the payment of restitution as provided
by an order of restitution under Section 5-5-6 of this Code.
(Source: P.A. 86-929; 87-772; 87-895.)

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