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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 5/5-7-4
(730 ILCS 5/5-7-4) (from Ch. 38, par. 1005-7-4)
Sec. 5-7-4.
Continuation of Employment.
If the offender has been regularly employed, the Department of
Corrections, the sheriff, the superintendent of the house of correction or
workhouse, or the probation officer shall arrange for a continuation of
such employment. If the offender has not been regularly employed, every
reasonable effort shall be made to secure employment for such person, and
any person for whom employment is secured shall be paid a fair and
reasonable wage and shall not be required to work more than 8 hours per
day, nor more than 48 hours per week.
(Source: P.A. 77-2097.)
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730 ILCS 5/5-7-5
(730 ILCS 5/5-7-5) (from Ch. 38, par. 1005-7-5)
Sec. 5-7-5.
Arrangement between Sheriffs for Employment.
The court may authorize the sheriff to whose custody a defendant is
committed, to arrange with another sheriff for the employment of the
offender in the latter's county, and while so employed to be in the latter
sheriff's custody but in other respects to be and continue subject to the
commitment. The cost of maintenance of such offender shall be paid by the
county in which he was committed. The Department of Corrections may
transfer an offender committed to it to another institution or facility of
the Department subject to the approval of the committing court.
(Source: P.A. 77-2097.)
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730 ILCS 5/5-7-6
(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6. Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation.
(a) Every gainfully employed offender shall be responsible for managing his
or her earnings. The clerk of the circuit court shall have only those
responsibilities regarding an offender's earnings as are set forth in this
Section.
Every offender, including offenders who are sentenced to periodic
imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established, with the
concurrence of the chief judge of the judicial circuit, by the county board of
the county in which the offender is incarcerated. The concurrence of the chief
judge shall be in the form of an administrative order. In establishing the fee
for room and board consideration may be given to all costs incidental to the
incarceration of offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional charge, be
furnished with a meal to carry to work. Each week, on a day designated by the
clerk of the circuit court,
every offender shall pay the clerk the fees for the offender's room and board. Failure to pay the clerk
on the day designated shall result in the termination of the offender's
release.
All fees for room and board collected by the circuit court clerk shall be
disbursed into the county's General Corporate Fund.
By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be distributed
for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and | | other incidental expenses of the offender, when those expenses are incurred by the administrator of the offender's imprisonment;
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(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are recipients of
financial assistance pursuant to the Illinois Public Aid Code, or who are
residents of a State hospital, State school or foster care facility
provided by the State, the court shall order the offender to turn over
all or a portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph
(a), distribute those earnings to the appropriate agency
as reimbursement for the cost of care of such dependents. The order shall
permit the Department of Human Services (acting as successor to the Illinois
Department of Public Aid under the Department of Human Services Act) or the
local governmental
unit, as the case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in their
behalf, upon removal of the dependents from the public aid rolls; and upon
such direction and removal of the recipients from the public aid rolls, the
Department of Human Services or the local governmental unit, as the
case requires, shall give written notice of such action to the court. Payments
received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall be deposited
into the General Revenue Fund of the State Treasury or General Assistance
Fund of the governmental unit, under Section 10-19 of the Illinois Public
Aid Code.
(c) The clerk of the circuit court shall keep individual accounts of all
money collected by him as required by this Article. He shall deposit all
moneys as trustee in a depository designated by the county board and shall
make payments required by the court's order from such trustee account. Such
accounts shall be subject to audit in the same manner as accounts of the
county are audited.
(d) If an institution or the Department of Corrections certifies to the
court that it can administer this Section with respect to persons committed
to it under this Article, the clerk of the court shall be relieved of its
duties under this Section and they shall be assumed by such institution or
the Department.
(e) 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.)
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730 ILCS 5/5-7-7
(730 ILCS 5/5-7-7) (from Ch. 38, par. 1005-7-7)
Sec. 5-7-7.
Jurisdiction.
The court which committed the offender to periodic imprisonment shall
retain jurisdiction over him during the term of commitment and may order a
diminution of the term if his conduct, diligence and general attitude merit
such diminution.
(Source: P.A. 77-2097.)
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730 ILCS 5/5-7-8
(730 ILCS 5/5-7-8) (from Ch. 38, par. 1005-7-8)
Sec. 5-7-8. Subsequent Sentences. (a) The service of a sentence of imprisonment shall
satisfy any sentence of periodic imprisonment which was imposed on an
offender for an offense committed prior to the imposition of the
sentence. An offender who is serving a sentence of
periodic imprisonment at the time a sentence of
imprisonment is imposed shall be delivered to the custody of the
Department of Corrections to commence service of the
sentence immediately.
(b) If a sentence of imprisonment under Section 5-4.5-55, 5-4.5-60, or 5-4.5-65 (730 ILCS 5/5-4.5-55, 5/5-4.5-60, or 5/5-4.5-65)
is
imposed on an offender who is under a previously imposed sentence of
periodic imprisonment, such person shall commence service of the
sentence immediately. Where such sentence is for
a term in excess of 90 days, the service of such sentence shall satisfy
the sentence of periodic imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09 .)
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730 ILCS 5/Ch. V Art. 8
(730 ILCS 5/Ch. V Art. 8 heading)
ARTICLE 8.
IMPRISONMENT
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730 ILCS 5/5-8-1
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable | | doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subparagraph (b-5) are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or
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(b-5) A defendant who at the time of the
| | commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to a term of natural life imprisonment if:
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| (1) the murdered individual was an inmate at
| | an institution or facility of the Department of Corrections, or any similar local correctional agency and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof;
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| (2) the murdered individual was killed as a
| | result of the hijacking of an airplane, train, ship, bus, or other public conveyance;
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| (3) the defendant committed the murder
| | pursuant to a contract, agreement, or understanding by which he or she was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value;
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| (4) the murdered individual was killed in the
| | course of another felony if:
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| (A) the murdered individual:
(i) was actually killed by the
| | (ii) received physical injuries
| | personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and (B) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
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| (B) in performing the acts which caused
| | the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
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| (C) the other felony was an inherently
| | violent crime or the attempt to commit an inherently violent crime. In this clause (C), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion;
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| (5) the defendant committed the murder with
| | intent to prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this clause (5), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors;
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| (6) the defendant, while committing an
| | offense punishable under Section 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
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| (7) the defendant was incarcerated in an
| | institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
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| (8) the murder was committed in a cold,
| | calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom;
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| (9) the defendant was a principal
| | administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person;
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| (10) the murder was intentional and involved
| | the infliction of torture. For the purpose of this clause (10), torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim;
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| (11) the murder was committed as a result of
| | the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle;
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| (12) the murdered individual was a person
| | with a disability and the defendant knew or should have known that the murdered individual was a person with a disability. For purposes of this clause (12), "person with a disability" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care;
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| (13) the murdered individual was subject to
| | an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986;
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| (14) the murdered individual was known by the
| | defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
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| (15) the murder was committed by the
| | defendant in connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code;
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| (16) the murdered individual was a member of
| | a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
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| (17)(i) the murdered individual was a
| | physician, physician assistant, psychologist, nurse, or advanced practice registered nurse;
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| (ii) the defendant knew or should have known
| | that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse; and
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| (iii) the murdered individual was killed in
| | the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity.
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| (c) the court shall sentence the defendant to a
| | term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and:
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(i) has previously been convicted of first
| | degree murder under any state or federal law, or
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(ii) is found guilty of murdering more than
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(iii) is found guilty of murdering a peace
| | officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
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(iv) is found guilty of murdering an employee
| | of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
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(v) is found guilty of murdering an emergency
| | medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or
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(vi) (blank), or
(vii) is found guilty of first degree murder
| | and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012.
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For purposes of clause (v), "emergency medical
| | technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
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(d)(i) if the person committed the offense while
| | armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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(ii) if, during the commission of the offense,
| | the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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(iii) if, during the commission of the offense,
| | the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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(2) (blank);
(2.5) for a person who has attained the age of 18
| | years at the time of the commission of the offense and who is convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.
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(b) (Blank).
(c) (Blank).
(d) Subject to
earlier termination under Section 3-3-8, the parole or mandatory
supervised release term shall be written as part of the sentencing order and shall be as follows:
(1) for first degree murder or for the offenses of
| | predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or before December 12, 2005, 3 years;
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(1.5) except as provided in paragraph (7) of this
| | subsection (d), for a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 18 months;
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| (2) except as provided in paragraph (7) of this
| | subsection (d), for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 12 months;
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(3) except as provided in paragraph (4), (6), or (7)
| | of this subsection (d), for a Class 3 felony or a Class 4 felony, 6 months; no later than 45 days after the onset of the term of mandatory supervised release, the Prisoner Review Board shall conduct a discretionary discharge review pursuant to the provisions of Section 3-3-8, which shall include the results of a standardized risk and needs assessment tool administered by the Department of Corrections; the changes to this paragraph (3) made by this amendatory Act of the 102nd General Assembly apply to all individuals released on mandatory supervised release on or after the effective date of this amendatory Act of the 102nd General Assembly, including those individuals whose sentences were imposed prior to the effective date of this amendatory Act of the 102nd General Assembly;
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(4) for defendants who commit the offense of
| | predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after December 13, 2005 (the effective date of Public Act 94-715), or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
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(5) if the victim is under 18 years of age, for a
| | second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic monitoring or home detention program under Article 8A of Chapter V of this Code;
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(6) for a felony domestic battery, aggravated
| | domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years;
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| (7) for any felony described in paragraph (a)(2)(ii),
| | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 of the Unified Code of Corrections requiring an inmate to serve a minimum of 85% of their court-imposed sentence, except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009 and except as provided in paragraph (4) or paragraph (6) of this subsection (d), the term of mandatory supervised release shall be as follows:
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| (A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on July 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24 .)
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730 ILCS 5/5-8-1.1
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact program.
(a) The Department may establish
and operate an impact
program for eligible offenders. If the court finds under
Section 5-4-1 that
an offender sentenced to a term of imprisonment for a felony may meet the
eligibility requirements of the Department, the court may in its
sentencing order
approve the offender for placement in the impact program
conditioned upon his acceptance in the program by the Department.
Notwithstanding the sentencing provisions of this Code, the sentencing
order also shall provide that if the Department accepts the offender in the
program and determines that the offender has successfully completed the
impact program, the sentence shall be reduced to time
considered served upon certification to the court by the Department that
the offender has successfully completed the program. In the event the
offender is not accepted for placement in the impact program
or the offender does not successfully complete the program,
his term of imprisonment shall be as set forth by the court in its sentencing
order.
(b) In order to be eligible to participate in the impact
program, the committed person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age | | nor more than 35 years of age.
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(2) The person has not previously participated in an
| | impact program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
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(3) The person has not been convicted of a Class X
| | felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, residential arson, place of worship arson, or arson and has not been convicted previously of any of those offenses.
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(4) The person has been sentenced to a term of
| | imprisonment of 8 years or less.
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(5) The person must be physically able to participate
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(6) The person must not have any mental disorder or
| | disability that would prevent participation in the impact program.
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(7) The person has consented in writing to
| | participation in the impact program and to the terms and conditions thereof.
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(8) The person was recommended and approved for
| | placement in the impact program in the court's sentencing order.
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The Department may consider, among other matters, whether the
committed person has any outstanding detainers or warrants, whether the
committed person has a history of escaping or absconding, whether
participation in the impact program may pose a risk to the
safety or security of any person and whether space is available.
(c) The impact program shall include, among other matters, community service activities, cognitive behavioral programming, life skills, reentry planning,
education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention
of property and publications and access to television, radio and a library
may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact program
shall adhere to all Department rules and all requirements of the program.
Committed persons shall be informed of rules of behavior and conduct.
Disciplinary procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department seeks to revoke good time.
(f) Participation in the impact program shall be for a
period of one year to eighteen months. The period of time a committed person shall
serve in the impact program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory supervised
release as set forth in subsection (d) of Section 5-8-1.
(h) A committed person may be removed from the program for a violation
of the terms or conditions of the program or in the event he is for any
reason unable to participate. The Department shall promulgate rules and
regulations governing conduct which could result in removal from the
program, extend the period of time a committed person must serve in the program, or in a determination that the committed person has not
successfully completed the program. A committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation identified in paragraph (f). Committed persons shall have access to
such rules, which shall provide that a committed person shall receive
notice and have the opportunity to appear before and address one or more
hearing officers. A committed person may be transferred to any of the
Department's facilities prior to the hearing.
(i) The Department may terminate the impact program at any
time.
(j) The Department shall report to the Governor and the General Assembly
on or before September 30th of each year on the impact
program, including the composition of the program by the offenders, by
county of commitment, sentence, age, offense and race.
(k) The Department of Corrections shall consider the affirmative
action plan approved by the Department of Human Rights in hiring staff at
the impact facilities.
(l) The Department of Corrections shall advocate for the impact program. The Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county.
(Source: P.A. 102-629, eff. 1-1-22 .)
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730 ILCS 5/5-8-1.2
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General Assembly that
certain non-violent offenders eligible for sentences of incarceration may
benefit from the rehabilitative aspects of a county impact incarceration
program. It is the intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not be construed
to allow violent offenders to participate in a county impact incarceration
program.
(b) Under the direction of the Sheriff and with the approval of the County
Board of Commissioners, the Sheriff, in any county with more than 3,000,000
inhabitants, may establish and operate a county impact incarceration program
for eligible offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility requirements of the
Sheriff's county impact incarceration program, the court may sentence the
offender to the county impact incarceration program. The Sheriff shall be
responsible for monitoring all offenders who are sentenced to the county impact
incarceration program, including the mandatory period of monitored release
following the 120 to 180 days of impact incarceration.
Offenders assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the Illinois Department of
Corrections are exempt from the provisions of this mandatory period of
monitored
release.
In the event the
offender is not accepted for placement in the county impact incarceration
program, the court shall proceed to sentence the offender to any other
disposition authorized by this Code.
If the offender does not successfully
complete the program, the offender's failure to do so shall constitute a
violation of the sentence to the county impact incarceration program.
(c) In order to be eligible to be sentenced to a county impact incarceration
program by the court, the person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age | | nor more than 35 years of age.
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(2) The person has not previously participated in the
| | impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
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(3) The person has not been convicted of a Class X
| | felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson and has not been convicted previously of any of those offenses.
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(4) The person has been found in violation of
| | probation for an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who otherwise could be sentenced to a term of incarceration; or the person is convicted of an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who has previously served a sentence of probation for any felony offense and who otherwise could be sentenced to a term of incarceration.
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(5) The person must be physically able to participate
| | in strenuous physical activities or labor.
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(6) The person must not have any mental disorder or
| | disability that would prevent participation in a county impact incarceration program.
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(7) The person was recommended and approved for
| | placement in the county impact incarceration program by the Sheriff and consented in writing to participation in the county impact incarceration program and to the terms and conditions of the program. The Sheriff may consider, among other matters, whether the person has any outstanding detainers or warrants, whether the person has a history of escaping or absconding, whether participation in the county impact incarceration program may pose a risk to the safety or security of any person and whether space is available.
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(c-5) The county impact incarceration program shall include, among other
matters, mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention of
property and publications and access to television, radio, and a library may be
suspended or restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements for the program.
Persons shall be informed of rules of behavior and conduct. Persons
participating in the county impact incarceration program shall adhere to all
rules and all requirements of the program.
(f) Participation in the county impact incarceration program shall be for a
period of 120 to 180 days followed by a mandatory term of monitored release
for at least 8 months and no more than 12 months supervised by the Sheriff.
The period of time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The court may also
sentence the person to a period of probation to commence at the successful
completion of the county impact incarceration program.
(g) If the person successfully completes the county impact incarceration
program, the Sheriff shall certify the person's successful completion of the
program to the court and to the county's State's Attorney. Upon successful
completion of the county impact incarceration program and mandatory
term of monitored release and if there is an additional period of probation
given, the person shall at that time begin his or her probationary sentence
under the supervision of the Adult Probation Department.
(h) A person may be removed from the county impact incarceration program for
a violation of the terms or
conditions of the program or in the event he or she is for any reason unable to
participate. The failure to complete the program for any reason, including the
8 to 12 month monitored release period, shall be deemed a violation of the
county impact incarceration sentence. The Sheriff shall give notice to the
State's Attorney of the person's failure to complete the program. The Sheriff
shall file a petition for violation of the county impact incarceration sentence
with the court and the State's Attorney may proceed on the petition under
Section 5-6-4 of this Code. The Sheriff shall promulgate rules and regulations
governing conduct which could result in removal from the program or in a
determination that the person has not successfully completed the program.
The mandatory conditions of every county impact incarceration sentence
shall
include that the person either while in the program or during the period of
monitored release:
(1) not violate any criminal statute of any
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(2) report or appear in person before any such person
| | or agency as directed by the court or the Sheriff;
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(3) refrain from possessing a firearm or other
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(4) not leave the State without the consent of the
| | court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the Sheriff; and
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(5) permit representatives of the Sheriff to visit at
| | the person's home or elsewhere to the extent necessary for the Sheriff to monitor compliance with the program. Persons shall have access to such rules, which shall provide that a person shall receive notice of any such violation.
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(i) The Sheriff may terminate the county impact incarceration program at
any time.
(j) The Sheriff shall report to the county board on or before September
30th of each year on the county impact incarceration program, including the
composition of the program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)
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730 ILCS 5/5-8-1.3
(730 ILCS 5/5-8-1.3)
Sec. 5-8-1.3. (Repealed).
(Source: P.A. 102-1100, eff. 1-1-23. Repealed by P.A. 103-363, eff. 7-28-23.)
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730 ILCS 5/5-8-2
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an
offender to a term of imprisonment in excess of the maximum
sentence authorized by Article 4.5 of Chapter V for an offense or offenses within the class of the most
serious offense of which the offender was convicted unless the
factors in aggravation set forth in Section
5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present.
If the pre-trial and trial proceedings were
conducted in compliance with subsection (c-5) of Section 111-3 of the Code of
Criminal Procedure of 1963, the judge may sentence an offender to an extended term as provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
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730 ILCS 5/5-8-3
(730 ILCS 5/5-8-3)
Sec. 5-8-3. (Repealed).
(Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 95-1052, eff. 7-1-09.)
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