730 ILCS 5/ Unified Code of Corrections.

(730 ILCS 5/3-19-5)

Sec. 3-19-5. Methamphetamine abusers pilot program; Franklin County Juvenile Detention Center.

(a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Juvenile Detention Center. The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services.

(b) A person convicted of the unlawful possession of methamphetamine under Section 60 of the Methamphetamine Control and Community Protection Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be ordered by the court to be committed to the Program established under this Section.

(c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days. A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services. The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders.

(d) Persons committed to the Program who are 17 years of age or older shall be separated from minors under 17 years of age who are detained in the Juvenile Detention Center and there shall be no contact between them.

(e) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination.

(f) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program. The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after January 1, 2006 (the effective date of Public Act 94-549) and each year thereafter that the Program continues operation.

(Source: P.A. 100-759, eff. 1-1-19.)

(730 ILCS 5/3-19-10)

Sec. 3-19-10. Methamphetamine abusers pilot program; Franklin County Jail.

(a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Jail. The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services.

(b) A person convicted of the unlawful possession of methamphetamine under Section 402 of the Illinois Controlled Substances Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be ordered by the court to be committed to the Program established under this Section.

(c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days. A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services. The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders.

(d) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination.

(e) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program. The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after the effective date of this amendatory Act of the 94th General Assembly and each year thereafter that the Program continues operation.

(Source: P.A. 100-759, eff. 1-1-19.)

(730 ILCS 5/3-19-15)

Sec. 3-19-15. Task Force on Transitional Housing for Sex Offenders.

(a) There is created the Task Force on Transitional Housing Facilities for Sex Offenders. The Task Force shall be composed of the following members:

(1) Two members from the Department of Corrections appointed by the Director of Corrections;

(2) Two members from the Prisoner Review Board appointed by that Board;

(3) Two members of the Senate appointed by the President of the Senate;

(4) Two members of the Senate appointed by the Minority Leader of the Senate;

(5) Two members of the House of Representatives appointed by the Speaker of the House of Representatives;

(6) Two members of the House of Representatives appointed by the Minority Leader of the House of Representatives; and

(7) Two members of the Governor's Office appointed by the Governor.

(b) The Task Force shall study the implementation, cost, placement, and effectiveness of transitional housing facilities for sex offenders released from facilities of the Department of Corrections.

(c) The members of the Task Force shall receive no compensation for their services as members of the Task Force but may be reimbursed for their actual expenses incurred in serving on the Task Force from appropriations made to them for such purpose.

(Source: P.A. 95-640, eff. 6-1-08.)

(730 ILCS 5/Ch. V heading) CHAPTER V. SENTENCING

(730 ILCS 5/Ch. V Art. 1 heading) ARTICLE 1. GENERAL DEFINITIONS

(730 ILCS 5/5-1-1) (from Ch. 38, par. 1005-1-1)

Sec. 5-1-1. Meanings of Words and Phrases.

For the purposes of this Chapter, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-1-1.1)

Sec. 5-1-1.1. Aftercare release. "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the Department of Juvenile Justice.

(Source: P.A. 98-558, eff. 1-1-14.)

(730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2)

Sec. 5-1-2. Business Offense.

"Business Offense" means a petty offense for which the fine is in excess of $1,000.

(Source: P.A. 90-384, eff. 1-1-98.)

(730 ILCS 5/5-1-3) (from Ch. 38, par. 1005-1-3)

Sec. 5-1-3. Charge.

"Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-1-3.5)

Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3-3-7, paragraph (10) of subsection (a) of Section 5-6-3, and paragraph (18) of subsection (c) of Section 5-6-3.1 only has the meaning ascribed to it in subsection (a-5) of Section 3-1-2 of this Code.

(Source: P.A. 94-159, eff. 7-11-05.)

(730 ILCS 5/5-1-4) (from Ch. 38, par. 1005-1-4)

Sec. 5-1-4. Conditional discharge.

"Conditional Discharge" means a sentence or disposition of conditional and revocable release without probationary supervision but under such conditions as may be imposed by the court.

(Source: P.A. 78-1297.)

(730 ILCS 5/5-1-5) (from Ch. 38, par. 1005-1-5)

Sec. 5-1-5. Conviction.

"Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-1-6) (from Ch. 38, par. 1005-1-6)

Sec. 5-1-6. Court.

"Court" means a circuit court of Illinois and includes a judge thereof.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-1-7) (from Ch. 38, par. 1005-1-7)

Sec. 5-1-7. Defendant.

"Defendant" means a person charged with an offense.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)

Sec. 5-1-8. Defendant in need of mental treatment. "Defendant in need of mental treatment" means any defendant afflicted with a mental disorder, not including a person with an intellectual disability, if that defendant, as a result of such mental disorder, is reasonably expected at the time of determination or within a reasonable time thereafter to intentionally or unintentionally physically injure himself or other persons, or is unable to care for himself so as to guard himself from physical injury or to provide for his own physical needs.

(Source: P.A. 99-143, eff. 7-27-15.)

(730 ILCS 5/5-1-8.5)

Sec. 5-1-8.5. Computer scrub software. "Computer scrub software" has the meaning ascribed to it in subsection (c-5) of Section 3-1-2 of this Code.

(Source: P.A. 96-362, eff. 1-1-10.)

(730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)

Sec. 5-1-9. Felony. "Felony" means an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided.

(Source: P.A. 103-51, eff. 1-1-24.)

(730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)

Sec. 5-1-10. Imprisonment. "Imprisonment" means incarceration in a correctional institution under a sentence of imprisonment and does not include "periodic imprisonment" under Article 7. "Imprisonment" also includes electronic monitoring or home detention served by an offender after (i) the offender has been committed to the custody of the sheriff to serve the sentence and (ii) the sheriff has placed the offender in an electronic monitoring or home detention program in accordance with Article 8A of Chapter V of this Code.

(Source: P.A. 100-431, eff. 8-25-17.)

(730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11)

Sec. 5-1-11. Insanity. "Insanity" means the lack of a substantial capacity to appreciate the criminality of one's conduct as a result of mental disorder or mental defect.

(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)

(730 ILCS 5/5-1-12) (from Ch. 38, par. 1005-1-12)

Sec. 5-1-12. Judgment.

"Judgment" means an adjudication by the court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)

Sec. 5-1-13. Intellectual disability. "Intellectual disability" means sub-average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected in delayed maturation or reduced learning ability or inadequate social adjustment.

(Source: P.A. 99-143, eff. 7-27-15.)

(730 ILCS 5/5-1-14) (from Ch. 38, par. 1005-1-14)

Sec. 5-1-14. Misdemeanor.

"Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.

(Source: P.A. 77-2097.)