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1 | | (7) The defendant has no history of prior delinquency |
2 | | or
criminal activity or has led a law-abiding life for a |
3 | | substantial
period of time before the commission of the |
4 | | present crime.
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5 | | (8) The defendant's criminal conduct was the result of
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6 | | circumstances unlikely to recur.
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7 | | (9) The character and attitudes of the defendant |
8 | | indicate that he is
unlikely to commit another crime.
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9 | | (10) The defendant is particularly likely to comply |
10 | | with the terms of
a period of probation.
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11 | | (11) The imprisonment of the defendant would entail |
12 | | excessive
hardship to his dependents.
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13 | | (12) The imprisonment of the defendant would endanger |
14 | | his or her medical
condition.
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15 | | (13) The defendant was a person with an intellectual |
16 | | disability as defined in Section 5-1-13 of
this Code.
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17 | | (14) The defendant sought or obtained emergency |
18 | | medical assistance for an overdose and was convicted of a |
19 | | Class 3 felony or higher possession, manufacture, or |
20 | | delivery of a controlled, counterfeit, or look-alike |
21 | | substance or a controlled substance analog under the |
22 | | Illinois Controlled Substances Act or a Class 2 felony or |
23 | | higher possession, manufacture or delivery of |
24 | | methamphetamine under the Methamphetamine Control and |
25 | | Community Protection Act. |
26 | | (15) At the time of the offense, the defendant is or |
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1 | | had been the victim of domestic violence and the effects of |
2 | | the domestic violence tended to excuse or justify the |
3 | | defendant's criminal conduct. As used in this paragraph |
4 | | (15), "domestic violence" means abuse as defined in Section |
5 | | 103 of the Illinois Domestic Violence Act of 1986. |
6 | | (16) At the time of the offense, the defendant was |
7 | | suffering from a serious mental illness which, though |
8 | | insufficient to establish the defense of insanity, |
9 | | substantially affected his or her ability to understand the |
10 | | nature of his or her acts or to conform his or her conduct |
11 | | to the requirements of the law. |
12 | | (b) If the court, having due regard for the character of |
13 | | the
offender, the nature and circumstances of the offense and |
14 | | the
public interest finds that a sentence of imprisonment is |
15 | | the
most appropriate disposition of the offender, or where |
16 | | other
provisions of this Code mandate the imprisonment of the |
17 | | offender,
the grounds listed in paragraph (a) of this |
18 | | subsection shall be
considered as factors in mitigation of the |
19 | | term imposed.
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20 | | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; |
21 | | 99-384, eff. 1-1-16; revised 10-16-15.)
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22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law.
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