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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/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in effect and if any provision is inconsistent with another provision of this Code or with any other Act not expressly repealed by Section 8-5-1, it shall be considered as an alternative or additional power and not as a limitation upon any other power granted to or possessed by the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)
    (Text of Section before amendment by P.A. 101-652)
    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 bail or other bond 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. 78-255.)
 
    (Text of Section after amendment by P.A. 101-652)
    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.)