Rep. Elgie R. Sims, Jr.
Filed: 5/15/2017
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1 | AMENDMENT TO SENATE BILL 1399
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2 | AMENDMENT NO. ______. Amend Senate Bill 1399 on page 1, by | ||||||
3 | inserting after line 3 the following: | ||||||
4 | "Section 3. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing the heading of Part 7A of Article V and by changing | ||||||
6 | Sections 5-710, 5-7A-101, 5-7A-110, 5-7A-115, 5-7A-120, and | ||||||
7 | 5-7A-125 as follows:
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8 | (705 ILCS 405/5-710)
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9 | Sec. 5-710. Kinds of sentencing orders.
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10 | (1) The following kinds of sentencing orders may be made in | ||||||
11 | respect of
wards of the court:
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12 | (a) Except as provided in Sections 5-805, 5-810, and | ||||||
13 | 5-815, a minor who is
found
guilty under Section 5-620 may | ||||||
14 | be:
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15 | (i) put on probation or conditional discharge and | ||||||
16 | released to his or her
parents, guardian or legal |
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1 | custodian, provided, however, that any such minor
who | ||||||
2 | is not committed to the Department of Juvenile Justice | ||||||
3 | under
this subsection and who is found to be a | ||||||
4 | delinquent for an offense which is
first degree murder, | ||||||
5 | a Class X felony, or a forcible felony shall be placed | ||||||
6 | on
probation;
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7 | (ii) placed in accordance with Section 5-740, with | ||||||
8 | or without also being
put on probation or conditional | ||||||
9 | discharge;
| ||||||
10 | (iii) required to undergo a substance abuse | ||||||
11 | assessment conducted by a
licensed provider and | ||||||
12 | participate in the indicated clinical level of care;
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13 | (iv) on and after the effective date of this | ||||||
14 | amendatory Act of the 98th General Assembly and before | ||||||
15 | January 1, 2017, placed in the guardianship of the | ||||||
16 | Department of Children and Family
Services, but only if | ||||||
17 | the delinquent minor is under 16 years of age or, | ||||||
18 | pursuant to Article II of this Act, a minor for whom an | ||||||
19 | independent basis of abuse, neglect, or dependency | ||||||
20 | exists. On and after January 1, 2017, placed in the | ||||||
21 | guardianship of the Department of Children and Family
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22 | Services, but only if the delinquent minor is under 15 | ||||||
23 | years of age or, pursuant to Article II of this Act, a | ||||||
24 | minor for whom an independent basis of abuse, neglect, | ||||||
25 | or dependency exists. An independent basis exists when | ||||||
26 | the allegations or adjudication of abuse, neglect, or |
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1 | dependency do not arise from the same facts, incident, | ||||||
2 | or circumstances which give rise to a charge or | ||||||
3 | adjudication of delinquency;
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4 | (v) placed in detention for a period not to exceed | ||||||
5 | 30 days, either as
the
exclusive order of disposition | ||||||
6 | or, where appropriate, in conjunction with any
other | ||||||
7 | order of disposition issued under this paragraph, | ||||||
8 | provided that any such
detention shall be in a juvenile | ||||||
9 | detention home and the minor so detained shall
be 10 | ||||||
10 | years of age or older. However, the 30-day limitation | ||||||
11 | may be extended by
further order of the court for a | ||||||
12 | minor under age 15 committed to the Department
of | ||||||
13 | Children and Family Services if the court finds that | ||||||
14 | the minor is a danger
to himself or others. The minor | ||||||
15 | shall be given credit on the sentencing order
of | ||||||
16 | detention for time spent in detention under Sections | ||||||
17 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
18 | result of the offense for which the sentencing order | ||||||
19 | was imposed.
The court may grant credit on a sentencing | ||||||
20 | order of detention entered under a
violation of | ||||||
21 | probation or violation of conditional discharge under | ||||||
22 | Section
5-720 of this Article for time spent in | ||||||
23 | detention before the filing of the
petition
alleging | ||||||
24 | the violation. A minor shall not be deprived of credit | ||||||
25 | for time spent
in detention before the filing of a | ||||||
26 | violation of probation or conditional
discharge |
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1 | alleging the same or related act or acts. The | ||||||
2 | limitation that the minor shall only be placed in a | ||||||
3 | juvenile detention home does not apply as follows: | ||||||
4 | Persons 18 years of age and older who have a | ||||||
5 | petition of delinquency filed against them may be | ||||||
6 | confined in an adult detention facility. In making a | ||||||
7 | determination whether to confine a person 18 years of | ||||||
8 | age or older who has a petition of delinquency filed | ||||||
9 | against the person, these factors, among other | ||||||
10 | matters, shall be considered: | ||||||
11 | (A) the age of the person; | ||||||
12 | (B) any previous delinquent or criminal | ||||||
13 | history of the person; | ||||||
14 | (C) any previous abuse or neglect history of | ||||||
15 | the person; | ||||||
16 | (D) any mental health history of the person; | ||||||
17 | and | ||||||
18 | (E) any educational history of the person;
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19 | (vi) ordered partially or completely emancipated | ||||||
20 | in accordance with the
provisions of the Emancipation | ||||||
21 | of Minors Act;
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22 | (vii) subject to having his or her driver's license | ||||||
23 | or driving
privileges
suspended for such time as | ||||||
24 | determined by the court but only until he or she
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25 | attains 18 years of age;
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26 | (viii) put on probation or conditional discharge |
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1 | and placed in detention
under Section 3-6039 of the | ||||||
2 | Counties Code for a period not to exceed the period
of | ||||||
3 | incarceration permitted by law for adults found guilty | ||||||
4 | of the same offense
or offenses for which the minor was | ||||||
5 | adjudicated delinquent, and in any event no
longer than | ||||||
6 | upon attainment of age 21; this subdivision (viii) | ||||||
7 | notwithstanding
any contrary provision of the law;
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8 | (ix) ordered to undergo a medical or other | ||||||
9 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
10 | street gang removed from his or her body; or | ||||||
11 | (x) placed in electronic monitoring or home | ||||||
12 | detention under Part 7A of this Article.
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13 | (b) A minor found to be guilty may be committed to the | ||||||
14 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
15 | minor is at least 13 years and under 20 years of age,
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16 | provided that the commitment to the Department of Juvenile | ||||||
17 | Justice shall be made only if the minor was found guilty of | ||||||
18 | a felony offense or first degree murder. The court shall | ||||||
19 | include in the sentencing order any pre-custody credits the | ||||||
20 | minor is entitled to under Section 5-4.5-100 of the Unified | ||||||
21 | Code of Corrections. The time during which a minor is in | ||||||
22 | custody before being released
upon the request of a parent, | ||||||
23 | guardian or legal custodian shall also be considered
as | ||||||
24 | time spent in custody.
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25 | (c) When a minor is found to be guilty for an offense | ||||||
26 | which is a violation
of the Illinois Controlled Substances |
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1 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
2 | Control and Community Protection Act and made
a ward of the | ||||||
3 | court, the court may enter a disposition order requiring | ||||||
4 | the
minor to undergo assessment,
counseling or treatment in | ||||||
5 | a substance abuse program approved by the Department
of | ||||||
6 | Human Services.
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7 | (2) Any sentencing order other than commitment to the | ||||||
8 | Department of
Juvenile Justice may provide for protective | ||||||
9 | supervision under
Section 5-725 and may include an order of | ||||||
10 | protection under Section 5-730.
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11 | (3) Unless the sentencing order expressly so provides, it | ||||||
12 | does not operate
to close proceedings on the pending petition, | ||||||
13 | but is subject to modification
until final closing and | ||||||
14 | discharge of the proceedings under Section 5-750.
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15 | (4) In addition to any other sentence, the court may order | ||||||
16 | any
minor
found to be delinquent to make restitution, in | ||||||
17 | monetary or non-monetary form,
under the terms and conditions | ||||||
18 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
19 | that the "presentencing hearing" referred to in that
Section
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20 | shall be
the sentencing hearing for purposes of this Section. | ||||||
21 | The parent, guardian or
legal custodian of the minor may be | ||||||
22 | ordered by the court to pay some or all of
the restitution on | ||||||
23 | the minor's behalf, pursuant to the Parental Responsibility
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24 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
25 | victim in seeking restitution in proceedings under this
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26 | Section, up to the maximum amount allowed in Section 5 of the |
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1 | Parental
Responsibility Law.
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2 | (5) Any sentencing order where the minor is committed or | ||||||
3 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
4 | parents or guardian of the estate of
the minor to pay to the | ||||||
5 | legal custodian or guardian of the person of the minor
such | ||||||
6 | sums as are determined by the custodian or guardian of the | ||||||
7 | person of the
minor as necessary for the minor's needs. The | ||||||
8 | payments may not exceed the
maximum amounts provided for by | ||||||
9 | Section 9.1 of the Children and Family Services
Act.
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10 | (6) Whenever the sentencing order requires the minor to | ||||||
11 | attend school or
participate in a program of training, the | ||||||
12 | truant officer or designated school
official shall regularly | ||||||
13 | report to the court if the minor is a chronic or
habitual | ||||||
14 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
15 | any other provision of this Act, in instances in which | ||||||
16 | educational services are to be provided to a minor in a | ||||||
17 | residential facility where the minor has been placed by the | ||||||
18 | court, costs incurred in the provision of those educational | ||||||
19 | services must be allocated based on the requirements of the | ||||||
20 | School Code.
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21 | (7) In no event shall a guilty minor be committed to the | ||||||
22 | Department of
Juvenile Justice for a period of time in
excess | ||||||
23 | of
that period for which an adult could be committed for the | ||||||
24 | same act. The court shall include in the sentencing order a | ||||||
25 | limitation on the period of confinement not to exceed the | ||||||
26 | maximum period of imprisonment the court could impose under |
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1 | Article V of the Unified Code of Corrections.
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2 | (7.5) In no event shall a guilty minor be committed to the | ||||||
3 | Department of Juvenile Justice or placed in detention when the | ||||||
4 | act for which the minor was adjudicated delinquent would not be | ||||||
5 | illegal if committed by an adult. | ||||||
6 | (7.6) In no event shall a guilty minor be committed to the | ||||||
7 | Department of Juvenile Justice for an offense which is a Class | ||||||
8 | 4 felony under Section 19-4 (criminal trespass to a residence), | ||||||
9 | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | ||||||
10 | government supported property), 21-1.3 (criminal defacement of | ||||||
11 | property), 26-1 (disorderly conduct), or 31-4 (obstructing | ||||||
12 | justice) , of the Criminal Code of 2012. | ||||||
13 | (7.75) In no event shall a guilty minor be committed to the | ||||||
14 | Department of Juvenile Justice for an offense that is a Class 3 | ||||||
15 | or Class 4 felony violation of the Illinois Controlled | ||||||
16 | Substances Act unless the commitment occurs upon a third or | ||||||
17 | subsequent judicial finding of a violation of probation for | ||||||
18 | substantial noncompliance with court-ordered court ordered | ||||||
19 | treatment or programming. | ||||||
20 | (8) A minor found to be guilty for reasons that include a | ||||||
21 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
23 | service for not less than 30 and not more than 120 hours, if
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24 | community service is available in the jurisdiction. The | ||||||
25 | community service
shall include, but need not be limited to, | ||||||
26 | the cleanup and repair of the damage
that was caused by the |
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| |||||||
1 | violation or similar damage to property located in the
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2 | municipality or county in which the violation occurred. The | ||||||
3 | order may be in
addition to any other order authorized by this | ||||||
4 | Section.
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5 | (8.5) A minor found to be guilty for reasons that include a | ||||||
6 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
7 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
8 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
9 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
10 | shall be ordered to undergo medical or psychiatric treatment | ||||||
11 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
12 | by a clinical psychologist.
The order
may be in addition to any | ||||||
13 | other order authorized by this Section.
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14 | (9) In addition to any other sentencing order, the court | ||||||
15 | shall order any
minor found
to be guilty for an act which would | ||||||
16 | constitute, predatory criminal sexual
assault of a child, | ||||||
17 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
18 | aggravated criminal sexual abuse, or criminal sexual abuse if
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19 | committed by an
adult to undergo medical testing to determine | ||||||
20 | whether the defendant has any
sexually transmissible disease | ||||||
21 | including a test for infection with human
immunodeficiency | ||||||
22 | virus (HIV) or any other identified causative agency of
| ||||||
23 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
24 | shall be performed
only by appropriately licensed medical | ||||||
25 | practitioners and may include an
analysis of any bodily fluids | ||||||
26 | as well as an examination of the minor's person.
Except as |
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1 | otherwise provided by law, the results of the test shall be | ||||||
2 | kept
strictly confidential by all medical personnel involved in | ||||||
3 | the testing and must
be personally delivered in a sealed | ||||||
4 | envelope to the judge of the court in which
the sentencing | ||||||
5 | order was entered for the judge's inspection in camera. Acting
| ||||||
6 | in accordance with the best interests of the victim and the | ||||||
7 | public, the judge
shall have the discretion to determine to | ||||||
8 | whom the results of the testing may
be revealed. The court | ||||||
9 | shall notify the minor of the results of the test for
infection | ||||||
10 | with the human immunodeficiency virus (HIV). The court shall | ||||||
11 | also
notify the victim if requested by the victim, and if the | ||||||
12 | victim is under the
age of 15 and if requested by the victim's | ||||||
13 | parents or legal guardian, the court
shall notify the victim's | ||||||
14 | parents or the legal guardian, of the results of the
test for | ||||||
15 | infection with the human immunodeficiency virus (HIV). The | ||||||
16 | court
shall provide information on the availability of HIV | ||||||
17 | testing and counseling at
the Department of Public Health | ||||||
18 | facilities to all parties to whom the
results of the testing | ||||||
19 | are revealed. The court shall order that the cost of
any test | ||||||
20 | shall be paid by the county and may be taxed as costs against | ||||||
21 | the
minor.
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22 | (10) When a court finds a minor to be guilty the court | ||||||
23 | shall, before
entering a sentencing order under this Section, | ||||||
24 | make a finding whether the
offense committed either: (a) was | ||||||
25 | related to or in furtherance of the criminal
activities of an | ||||||
26 | organized gang or was motivated by the minor's membership in
or |
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1 | allegiance to an organized gang, or (b) involved a violation of
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2 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012, a violation of
any
Section of | ||||||
4 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
5 | 2012, or a violation of any
statute that involved the wrongful | ||||||
6 | use of a firearm. If the court determines
the question in the | ||||||
7 | affirmative,
and the court does not commit the minor to the | ||||||
8 | Department of Juvenile Justice, the court shall order the minor | ||||||
9 | to perform community service
for not less than 30 hours nor | ||||||
10 | more than 120 hours, provided that community
service is | ||||||
11 | available in the jurisdiction and is funded and approved by the
| ||||||
12 | county board of the county where the offense was committed. The | ||||||
13 | community
service shall include, but need not be limited to, | ||||||
14 | the cleanup and repair of
any damage caused by a violation of | ||||||
15 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012
and similar damage to property located in the | ||||||
17 | municipality or county in which
the violation occurred. When | ||||||
18 | possible and reasonable, the community service
shall be | ||||||
19 | performed in the minor's neighborhood. This order shall be in
| ||||||
20 | addition to any other order authorized by this Section
except | ||||||
21 | for an order to place the minor in the custody of the | ||||||
22 | Department of
Juvenile Justice. For the purposes of this | ||||||
23 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
24 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
25 | Prevention Act.
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26 | (11) If the court determines that the offense was committed |
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1 | in furtherance of the criminal activities of an organized gang, | ||||||
2 | as provided in subsection (10), and that the offense involved | ||||||
3 | the operation or use of a motor vehicle or the use of a | ||||||
4 | driver's license or permit, the court shall notify the | ||||||
5 | Secretary of State of that determination and of the period for | ||||||
6 | which the minor shall be denied driving privileges. If, at the | ||||||
7 | time of the determination, the minor does not hold a driver's | ||||||
8 | license or permit, the court shall provide that the minor shall | ||||||
9 | not be issued a driver's license or permit until his or her | ||||||
10 | 18th birthday. If the minor holds a driver's license or permit | ||||||
11 | at the time of the determination, the court shall provide that | ||||||
12 | the minor's driver's license or permit shall be revoked until | ||||||
13 | his or her 21st birthday, or until a later date or occurrence | ||||||
14 | determined by the court. If the minor holds a driver's license | ||||||
15 | at the time of the determination, the court may direct the | ||||||
16 | Secretary of State to issue the minor a judicial driving | ||||||
17 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
18 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
19 | Illinois Vehicle Code, except that the court may direct that | ||||||
20 | the JDP be effective immediately.
| ||||||
21 | (12) If a minor is found to be guilty of a violation of
| ||||||
22 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
23 | by Minors Act, the
court may, in its discretion, and upon
| ||||||
24 | recommendation by the State's Attorney, order that minor and | ||||||
25 | his or her parents
or legal
guardian to attend a smoker's | ||||||
26 | education or youth diversion program as defined
in that Act if |
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1 | that
program is available in the jurisdiction where the | ||||||
2 | offender resides.
Attendance at a smoker's education or youth | ||||||
3 | diversion program
shall be time-credited against any community | ||||||
4 | service time imposed for any
first violation of subsection | ||||||
5 | (a-7) of Section 1 of that Act. In addition to any
other
| ||||||
6 | penalty
that the court may impose for a violation of subsection | ||||||
7 | (a-7) of Section 1 of
that Act, the
court, upon request by the | ||||||
8 | State's Attorney, may in its discretion
require
the offender to | ||||||
9 | remit a fee for his or her attendance at a smoker's
education | ||||||
10 | or
youth diversion program.
| ||||||
11 | For purposes of this Section, "smoker's education program" | ||||||
12 | or "youth
diversion program" includes, but is not limited to, a | ||||||
13 | seminar designed to
educate a person on the physical and | ||||||
14 | psychological effects of smoking tobacco
products and the | ||||||
15 | health consequences of smoking tobacco products that can be
| ||||||
16 | conducted with a locality's youth diversion program.
| ||||||
17 | In addition to any other penalty that the court may impose | ||||||
18 | under this
subsection
(12):
| ||||||
19 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
20 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
21 | may
impose a sentence of 15 hours of
community service or a | ||||||
22 | fine of $25 for a first violation.
| ||||||
23 | (b) A second violation by a minor of subsection (a-7) | ||||||
24 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
25 | the first violation is punishable by a fine of $50 and
25
| ||||||
26 | hours of community service.
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1 | (c) A third or subsequent violation by a minor of | ||||||
2 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
3 | within 12 months after the first violation is punishable by | ||||||
4 | a $100
fine
and 30 hours of community service.
| ||||||
5 | (d) Any second or subsequent violation not within the | ||||||
6 | 12-month time period
after the first violation is | ||||||
7 | punishable as provided for a first violation.
| ||||||
8 | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; | ||||||
9 | 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17; | ||||||
10 | revised 9-2-16.) | ||||||
11 | (705 ILCS 405/Art. V Pt. 7A heading) | ||||||
12 | PART 7A. JUVENILE ELECTRONIC MONITORING AND HOME DETENTION LAW
| ||||||
13 | (Source: P.A. 96-293, eff. 1-1-10 .) | ||||||
14 | (705 ILCS 405/5-7A-101) | ||||||
15 | Sec. 5-7A-101. Short title. This Part may be cited as
the | ||||||
16 | Juvenile Electronic Monitoring and Home Detention Law.
| ||||||
17 | (Source: P.A. 96-293, eff. 1-1-10.) | ||||||
18 | (705 ILCS 405/5-7A-110) | ||||||
19 | Sec. 5-7A-110. Application. | ||||||
20 | (a) Except as provided in subsection (d), a minor subject | ||||||
21 | to an adjudicatory hearing or adjudicated delinquent for an act | ||||||
22 | that if committed by an adult would be an excluded offense may | ||||||
23 | not be placed in an electronic monitoring or home detention |
| |||||||
| |||||||
1 | program, except upon order of the court upon good cause shown. | ||||||
2 | (b) A minor adjudicated delinquent for an act that if | ||||||
3 | committed by an adult would be a Class 1 felony, other than an | ||||||
4 | excluded offense, may be placed in an electronic monitoring or | ||||||
5 | home detention program. | ||||||
6 | (c) A minor adjudicated delinquent for an act that if | ||||||
7 | committed by an adult would be a Class X felony, other than an | ||||||
8 | excluded offense, may be placed in an electronic monitoring or | ||||||
9 | home detention program, provided that the person was sentenced | ||||||
10 | on or after the effective date of this amendatory Act of the | ||||||
11 | 96th General Assembly and provided that the court has not | ||||||
12 | prohibited the program for the minor in the sentencing order. | ||||||
13 | (d) Applications for electronic monitoring or home | ||||||
14 | detention may include the following: | ||||||
15 | (1) pre-adjudicatory detention; | ||||||
16 | (2) probation; | ||||||
17 | (3) furlough; | ||||||
18 | (4) post-trial incarceration; or | ||||||
19 | (5) any other disposition under this Article.
| ||||||
20 | (Source: P.A. 96-293, eff. 1-1-10.) | ||||||
21 | (705 ILCS 405/5-7A-115) | ||||||
22 | Sec. 5-7A-115. Program description. The supervising | ||||||
23 | authority may promulgate rules that prescribe reasonable | ||||||
24 | guidelines under which an electronic monitoring and home | ||||||
25 | detention program shall operate. These rules shall include, but |
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| |||||||
1 | not be limited , to , the following: | ||||||
2 | (A) The participant shall remain within the interior | ||||||
3 | premises or within the property boundaries of his or her | ||||||
4 | residence at all times during the hours designated by the | ||||||
5 | supervising authority. Such instances of approved absences | ||||||
6 | from the home may include, but are not limited to, the | ||||||
7 | following: | ||||||
8 | (1) working or employment approved by the court or
| ||||||
9 | traveling to or from approved employment; | ||||||
10 | (2) unemployed and seeking employment approved for
| ||||||
11 | the participant by the court; | ||||||
12 | (3) undergoing medical, psychiatric, mental health
| ||||||
13 | treatment, counseling, or other treatment programs | ||||||
14 | approved for the participant by the court; | ||||||
15 | (4) attending an educational institution or a
| ||||||
16 | program approved for the participant by the court; | ||||||
17 | (5) attending a regularly scheduled religious
| ||||||
18 | service at a place of worship; | ||||||
19 | (6) participating in community work release or
| ||||||
20 | community service programs approved for the | ||||||
21 | participant by the supervising authority; or | ||||||
22 | (7) for another compelling reason consistent with
| ||||||
23 | the public interest, as approved by the supervising | ||||||
24 | authority. | ||||||
25 | (B) The participant shall admit any person or agent | ||||||
26 | designated by the supervising authority into his or her |
| |||||||
| |||||||
1 | residence at any time for purposes of verifying the | ||||||
2 | participant's compliance with the conditions of his or her | ||||||
3 | detention. | ||||||
4 | (C) The participant shall make the necessary | ||||||
5 | arrangements to allow for any person or agent designated by | ||||||
6 | the supervising authority to visit the participant's place | ||||||
7 | of education or employment at any time, based upon the | ||||||
8 | approval of the educational institution or employer or | ||||||
9 | both, for the purpose of verifying the participant's | ||||||
10 | compliance with the conditions of his or her detention. | ||||||
11 | (D) The participant shall acknowledge and participate | ||||||
12 | with the approved electronic monitoring device as | ||||||
13 | designated by the supervising authority at any time for the | ||||||
14 | purpose of verifying the participant's compliance with the | ||||||
15 | conditions of his or her detention. | ||||||
16 | (E) The participant shall maintain the following: | ||||||
17 | (1) a working telephone in the participant's home; | ||||||
18 | (2) a monitoring device in the participant's home ,
| ||||||
19 | or on the participant's person, or both; and | ||||||
20 | (3) a monitoring device in the participant's home
| ||||||
21 | and on the participant's person in the absence of a | ||||||
22 | telephone. | ||||||
23 | (F) The participant shall obtain approval from the | ||||||
24 | supervising authority before the participant changes | ||||||
25 | residence or the schedule described in paragraph (A) of | ||||||
26 | this Section. |
| |||||||
| |||||||
1 | (G) The participant shall not commit another act that | ||||||
2 | if committed by an adult would constitute a crime during | ||||||
3 | the period of home detention ordered by the court. | ||||||
4 | (H) Notice to the participant that violation of the | ||||||
5 | order for home detention may subject the participant to an | ||||||
6 | adjudicatory hearing for escape as described in Section | ||||||
7 | 5-7A-120. | ||||||
8 | (I) The participant shall abide by other conditions as | ||||||
9 | set by the supervising authority.
| ||||||
10 | (Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.) | ||||||
11 | (705 ILCS 405/5-7A-120)
| ||||||
12 | Sec. 5-7A-120. Escape; failure to comply with a condition | ||||||
13 | of the juvenile electronic home monitoring or home detention | ||||||
14 | program. A minor charged with or adjudicated delinquent for an | ||||||
15 | act that, if committed by an adult, would constitute a felony | ||||||
16 | or misdemeanor, conditionally released from the supervising | ||||||
17 | authority through a juvenile electronic home monitoring or home | ||||||
18 | detention program, who knowingly violates a condition of the | ||||||
19 | juvenile electronic home monitoring or home detention program | ||||||
20 | shall be adjudicated a delinquent minor for such act and shall | ||||||
21 | be subject to an additional sentencing order under Section | ||||||
22 | 5-710.
| ||||||
23 | (Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.) | ||||||
24 | (705 ILCS 405/5-7A-125)
|
| |||||||
| |||||||
1 | Sec. 5-7A-125. Consent of the participant. Before entering | ||||||
2 | an order for commitment for juvenile electronic monitoring home | ||||||
3 | detention , the supervising authority shall inform the | ||||||
4 | participant and other persons residing in the home of the | ||||||
5 | nature and extent of the approved electronic monitoring devices | ||||||
6 | by doing the following: | ||||||
7 | (A) Securing the written consent of the participant in | ||||||
8 | the program to comply with the rules and regulations of the | ||||||
9 | program as stipulated in paragraphs (A) through (I) of | ||||||
10 | Section 5-7A-115. | ||||||
11 | (B) Where possible, securing the written consent of | ||||||
12 | other persons residing in the home of the participant, | ||||||
13 | including the parent or legal guardian of the minor and of | ||||||
14 | the person in whose name the telephone is registered, at | ||||||
15 | the time of the order for or commitment for electronic | ||||||
16 | monitoring home detention is entered and acknowledge the | ||||||
17 | nature and extent of approved electronic monitoring | ||||||
18 | devices. | ||||||
19 | (C) Ensure that the approved electronic devices are | ||||||
20 | minimally intrusive upon the privacy of the participant and | ||||||
21 | other persons residing in the home while remaining in | ||||||
22 | compliance with paragraphs (B) through (D) of Section | ||||||
23 | 5-7A-115.
| ||||||
24 | (Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)"; and | ||||||
25 | on page 1, by replacing lines 10 and 11 with the following:
|
| |||||||
| |||||||
1 | " juveniles subject to the jurisdiction of the juvenile drug | ||||||
2 | court program as a less restrictive alternative to detention, | ||||||
3 | consistent with any available evidence-based risk assessment | ||||||
4 | or substance abuse treatment eligibility screening. | ||||||
5 | Section 10. The Criminal Code of 2012 is amended by | ||||||
6 | changing Section 11-9.2 as follows:
| ||||||
7 | (720 ILCS 5/11-9.2)
| ||||||
8 | Sec. 11-9.2. Custodial sexual misconduct.
| ||||||
9 | (a) A person commits custodial sexual misconduct
when: (1) | ||||||
10 | he or
she is an employee of a penal system and engages in | ||||||
11 | sexual conduct or sexual
penetration with a person who is in | ||||||
12 | the custody of that penal system or (2)
he or she is an | ||||||
13 | employee of a treatment and detention facility and engages in
| ||||||
14 | sexual conduct or sexual penetration with a person who is in | ||||||
15 | the custody of
that
treatment and detention facility.
| ||||||
16 | (b) A probation or supervising officer, surveillance | ||||||
17 | agent, or aftercare specialist commits custodial
sexual | ||||||
18 | misconduct when the probation or supervising officer, | ||||||
19 | surveillance
agent, or aftercare specialist engages in sexual
| ||||||
20 | conduct or sexual penetration with a probationer, parolee, or | ||||||
21 | releasee or
person serving a term of conditional release who is
| ||||||
22 | under the supervisory, disciplinary, or custodial authority of | ||||||
23 | the
officer or agent or employee so
engaging in the sexual | ||||||
24 | conduct or sexual penetration.
|
| |||||||
| |||||||
1 | (c) Custodial sexual misconduct is a Class 3 felony.
| ||||||
2 | (d) Any person convicted of violating this Section | ||||||
3 | immediately shall forfeit
his or her employment with a penal | ||||||
4 | system, treatment and detention facility,
or conditional | ||||||
5 | release program.
| ||||||
6 | (e) For purposes of this Section, the consent of the | ||||||
7 | probationer, parolee,
releasee, or inmate in custody of the | ||||||
8 | penal system or person detained or
civilly committed under the | ||||||
9 | Sexually Violent Persons Commitment Act
shall not be a defense | ||||||
10 | to a
prosecution under this Section. A person is deemed | ||||||
11 | incapable of consent, for
purposes of this Section, when he or | ||||||
12 | she is a probationer, parolee, releasee,
or inmate in custody | ||||||
13 | of a penal system or person detained or civilly
committed under | ||||||
14 | the Sexually Violent Persons Commitment Act.
| ||||||
15 | (f) This Section does not apply to:
| ||||||
16 | (1) Any employee, probation or supervising officer, | ||||||
17 | surveillance
agent, or aftercare specialist who is | ||||||
18 | lawfully
married to a person in custody if the marriage | ||||||
19 | occurred before the date of
custody.
| ||||||
20 | (2) Any employee, probation or supervising officer, | ||||||
21 | surveillance
agent, or aftercare specialist who has no | ||||||
22 | knowledge,
and would have no reason to believe, that the | ||||||
23 | person with whom he or she
engaged in custodial sexual | ||||||
24 | misconduct was a person in custody.
| ||||||
25 | (g) In this Section:
| ||||||
26 | (0.5) "Aftercare specialist" means any person employed |
| |||||||
| |||||||
1 | by the Department of Juvenile Justice to supervise and | ||||||
2 | facilitate services for persons placed on aftercare | ||||||
3 | release.
| ||||||
4 | (1) "Custody" means:
| ||||||
5 | (i) pretrial incarceration or detention;
| ||||||
6 | (ii) incarceration or detention under a sentence | ||||||
7 | or commitment to a
State or local penal institution;
| ||||||
8 | (iii) parole, aftercare release, or mandatory | ||||||
9 | supervised release;
| ||||||
10 | (iv) electronic monitoring or home detention;
| ||||||
11 | (v) probation;
| ||||||
12 | (vi) detention or civil commitment either in | ||||||
13 | secure care or in the
community under the Sexually | ||||||
14 | Violent Persons Commitment Act.
| ||||||
15 | (2) "Penal system" means any system which includes | ||||||
16 | institutions as defined
in Section 2-14 of this Code or a | ||||||
17 | county shelter care or detention home
established under | ||||||
18 | Section 1 of the County Shelter Care and Detention Home | ||||||
19 | Act.
| ||||||
20 | (2.1) "Treatment and detention facility" means any | ||||||
21 | Department of Human
Services facility established for the | ||||||
22 | detention or civil commitment of persons
under the Sexually | ||||||
23 | Violent Persons Commitment Act.
| ||||||
24 | (2.2) "Conditional release" means a program of | ||||||
25 | treatment and services,
vocational services, and alcohol | ||||||
26 | or other drug abuse treatment provided to any
person |
| |||||||
| |||||||
1 | civilly committed and conditionally released to the | ||||||
2 | community under
the Sexually Violent Persons Commitment | ||||||
3 | Act;
| ||||||
4 | (3) "Employee" means:
| ||||||
5 | (i) an employee of any governmental agency of this | ||||||
6 | State or any county
or
municipal corporation that has | ||||||
7 | by statute, ordinance, or court order the
| ||||||
8 | responsibility for the care, control, or supervision | ||||||
9 | of pretrial or sentenced
persons in a penal system or | ||||||
10 | persons detained or civilly committed under the
| ||||||
11 | Sexually Violent Persons Commitment Act;
| ||||||
12 | (ii) a contractual employee of a penal system as | ||||||
13 | defined in paragraph
(g)(2) of
this Section who works | ||||||
14 | in a penal institution as defined in Section 2-14 of
| ||||||
15 | this Code;
| ||||||
16 | (iii) a contractual employee of a "treatment and | ||||||
17 | detention facility"
as defined in paragraph (g)(2.1) | ||||||
18 | of this Code or a contractual employee of the
| ||||||
19 | Department of Human Services who provides supervision | ||||||
20 | of persons serving a
term of conditional release as | ||||||
21 | defined in paragraph (g)(2.2) of this Code.
| ||||||
22 | (4) "Sexual conduct" or "sexual penetration" means any | ||||||
23 | act of sexual
conduct or sexual penetration as defined in | ||||||
24 | Section 11-0.1 of this Code.
| ||||||
25 | (5) "Probation officer" means any person employed in a | ||||||
26 | probation or court
services department as defined in |
| |||||||
| |||||||
1 | Section 9b of the Probation and Probation
Officers Act.
| ||||||
2 | (6) "Supervising officer" means any person employed to | ||||||
3 | supervise persons
placed on parole or mandatory supervised | ||||||
4 | release with the duties described in
Section 3-14-2 of the | ||||||
5 | Unified Code of Corrections.
| ||||||
6 | (7) "Surveillance agent" means any person employed or | ||||||
7 | contracted to
supervise persons placed on conditional | ||||||
8 | release in the community under
the Sexually Violent Persons | ||||||
9 | Commitment Act.
| ||||||
10 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
11 | Section 15. The Unified Code of Corrections is amended by | ||||||
12 | changing Sections 5-1-10, 5-4.5-20, 5-4.5-25, 5-4.5-30, | ||||||
13 | 5-4.5-35, 5-4.5-40, 5-4.5-45, 5-4.5-55, 5-4.5-60, 5-4.5-65, | ||||||
14 | 5-8-1, 5-8A-3, 5-8A-4.1, 5-8A-5, and 5-8A-6 as follows:
| ||||||
15 | (730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)
| ||||||
16 | Sec. 5-1-10. Imprisonment. "Imprisonment" means | ||||||
17 | incarceration in a correctional institution under a
sentence of | ||||||
18 | imprisonment and does not include "periodic imprisonment" | ||||||
19 | under
Article 7. "Imprisonment" also includes electronic | ||||||
20 | monitoring or home detention served by an offender after (i) | ||||||
21 | the offender has been committed to the custody of the sheriff | ||||||
22 | to serve the sentence and (ii) the sheriff has placed the | ||||||
23 | offender in an electronic monitoring or home detention program | ||||||
24 | in accordance with Article 8A of Chapter V of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-161, eff. 1-1-14.)
| ||||||
2 | (730 ILCS 5/5-4.5-20) | ||||||
3 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
4 | degree murder: | ||||||
5 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
6 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
8 | Imprisonment shall be for a determinate term of (1) not less | ||||||
9 | than 20 years and not more than 60 years; (2) not less than 60 | ||||||
10 | years and not more than 100 years when an extended term is | ||||||
11 | imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural | ||||||
12 | life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
13 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
14 | shall not be imposed.
| ||||||
15 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
16 | or the county impact incarceration program is not an authorized | ||||||
17 | disposition.
| ||||||
18 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
19 | probation or conditional discharge shall not be imposed.
| ||||||
20 | (e) FINE. Fines may be imposed as provided in Section | ||||||
21 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
22 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
23 | concerning restitution.
| ||||||
24 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
25 | be concurrent or consecutive as provided in Section 5-8-4 (730 |
| |||||||
| |||||||
1 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
2 | (h) DRUG COURT. Drug court is not an authorized | ||||||
3 | disposition.
| ||||||
4 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
5 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
6 | detention prior to judgment.
| ||||||
7 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
8 | for rules and regulations for sentence credit.
| ||||||
9 | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | ||||||
10 | monitoring and home detention are not authorized dispositions | ||||||
11 | is not an authorized disposition , except in limited | ||||||
12 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
13 | 5/5-8A-3).
| ||||||
14 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
15 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
16 | mandatory supervised release term shall be 3 years upon release | ||||||
17 | from imprisonment.
| ||||||
18 | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.) | ||||||
19 | (730 ILCS 5/5-4.5-25) | ||||||
20 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
21 | felony: | ||||||
22 | (a) TERM. The sentence of imprisonment shall be a | ||||||
23 | determinate sentence of not less than 6 years and not more than | ||||||
24 | 30 years. The sentence of imprisonment for an extended term | ||||||
25 | Class X felony, as provided in Section 5-8-2 (730 ILCS |
| |||||||
| |||||||
1 | 5/5-8-2), shall be not less than 30 years and not more than 60 | ||||||
2 | years.
| ||||||
3 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
4 | shall not be imposed.
| ||||||
5 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
6 | or the county impact incarceration program is not an authorized | ||||||
7 | disposition.
| ||||||
8 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
9 | probation or conditional discharge shall not be imposed.
| ||||||
10 | (e) FINE. Fines may be imposed as provided in Section | ||||||
11 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
12 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
13 | concerning restitution.
| ||||||
14 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
15 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
16 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
17 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
18 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
19 | program.
| ||||||
20 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
21 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
22 | detention prior to judgment.
| ||||||
23 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
24 | for rules and regulations for sentence credit.
| ||||||
25 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
26 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for |
| |||||||
| |||||||
1 | electronic monitoring and home detention.
| ||||||
2 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
3 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
4 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
5 | be 3 years upon release from imprisonment.
| ||||||
6 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
7 | (730 ILCS 5/5-4.5-30) | ||||||
8 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
9 | felony: | ||||||
10 | (a) TERM. The sentence of imprisonment, other than for | ||||||
11 | second degree murder, shall be a determinate sentence of not | ||||||
12 | less than 4 years and not more than 15 years. The sentence of | ||||||
13 | imprisonment for second degree murder shall be a determinate | ||||||
14 | sentence of not less than 4 years and not more than 20 years. | ||||||
15 | The sentence of imprisonment for an extended term Class 1 | ||||||
16 | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | ||||||
17 | be a term not less than 15 years and not more than 30 years.
| ||||||
18 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
19 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
20 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
21 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
22 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
23 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
24 | the impact incarceration program or the county impact | ||||||
25 | incarceration program.
|
| |||||||
| |||||||
1 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
2 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
3 | period of probation or conditional discharge shall not exceed 4 | ||||||
4 | years. The court shall specify the conditions of probation or | ||||||
5 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
6 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
7 | disposition of probation or conditional discharge for a Class 1 | ||||||
8 | felony committed while he or she was serving a term of | ||||||
9 | probation or conditional discharge for a felony.
| ||||||
10 | (e) FINE. Fines may be imposed as provided in Section | ||||||
11 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
12 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
13 | concerning restitution.
| ||||||
14 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
15 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
16 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
17 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
18 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
19 | program.
| ||||||
20 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
21 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
22 | detention prior to judgment.
| ||||||
23 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
24 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
25 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
26 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section |
| |||||||
| |||||||
1 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
2 | electronic monitoring and home detention.
| ||||||
3 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
4 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
5 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
6 | be 2 years upon release from imprisonment.
| ||||||
7 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
8 | (730 ILCS 5/5-4.5-35) | ||||||
9 | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | ||||||
10 | felony: | ||||||
11 | (a) TERM. The sentence of imprisonment shall be a | ||||||
12 | determinate sentence of not less than 3 years and not more than | ||||||
13 | 7 years. The sentence of imprisonment for an extended term | ||||||
14 | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
15 | 5/5-8-2), shall be a term not less than 7 years and not more | ||||||
16 | than 14 years.
| ||||||
17 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
18 | imprisonment shall be for a definite term of from 18 to 30 | ||||||
19 | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
20 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
21 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
22 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
23 | the impact incarceration program or the county impact | ||||||
24 | incarceration program.
| ||||||
25 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
| |||||||
| |||||||
1 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
2 | period of probation or conditional discharge shall not exceed 4 | ||||||
3 | years. The court shall specify the conditions of probation or | ||||||
4 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
5 | 5/5-6-3).
| ||||||
6 | (e) FINE. Fines may be imposed as provided in Section | ||||||
7 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
8 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
9 | concerning restitution.
| ||||||
10 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
11 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
12 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
13 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
14 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
15 | program.
| ||||||
16 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
17 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
18 | detention prior to judgment.
| ||||||
19 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
20 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
21 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
22 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
23 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
24 | electronic monitoring and home detention.
| ||||||
25 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
26 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
| |||||||
| |||||||
1 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
2 | be 2 years upon release from imprisonment.
| ||||||
3 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
4 | (730 ILCS 5/5-4.5-40) | ||||||
5 | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | ||||||
6 | felony: | ||||||
7 | (a) TERM. The sentence of imprisonment shall be a | ||||||
8 | determinate sentence of not less than 2 years and not more than | ||||||
9 | 5 years. The sentence of imprisonment for an extended term | ||||||
10 | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
11 | 5/5-8-2), shall be a term not less than 5 years and not more | ||||||
12 | than 10 years.
| ||||||
13 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
14 | imprisonment shall be for a definite term of up to 18 months, | ||||||
15 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
16 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
17 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
18 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
19 | the impact incarceration program or the county impact | ||||||
20 | incarceration program.
| ||||||
21 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
22 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
23 | period of probation or conditional discharge shall not exceed | ||||||
24 | 30 months. The court shall specify the conditions of probation | ||||||
25 | or conditional discharge as set forth in Section 5-6-3 (730 |
| |||||||
| |||||||
1 | ILCS 5/5-6-3).
| ||||||
2 | (e) FINE. Fines may be imposed as provided in Section | ||||||
3 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
4 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
5 | concerning restitution.
| ||||||
6 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
7 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
8 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
9 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
10 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
11 | program.
| ||||||
12 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
13 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
14 | detention prior to judgment.
| ||||||
15 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
16 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
17 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
18 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
19 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
20 | electronic monitoring and home detention.
| ||||||
21 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
22 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
23 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
24 | be one year upon release from imprisonment.
| ||||||
25 | (Source: P.A. 97-697, eff. 6-22-12.) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-4.5-45) | ||||||
2 | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | ||||||
3 | felony: | ||||||
4 | (a) TERM. The sentence of imprisonment shall be a | ||||||
5 | determinate sentence of not less than one year and not more | ||||||
6 | than 3 years. The sentence of imprisonment for an extended term | ||||||
7 | Class 4 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
8 | 5/5-8-2), shall be a term not less than 3 years and not more | ||||||
9 | than 6 years.
| ||||||
10 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
11 | imprisonment shall be for a definite term of up to 18 months, | ||||||
12 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
13 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
14 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
15 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
16 | the impact incarceration program or the county impact | ||||||
17 | incarceration program.
| ||||||
18 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
19 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
20 | period of probation or conditional discharge shall not exceed | ||||||
21 | 30 months. The court shall specify the conditions of probation | ||||||
22 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
23 | ILCS 5/5-6-3).
| ||||||
24 | (e) FINE. Fines may be imposed as provided in Section | ||||||
25 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
26 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
| |||||||
| |||||||
1 | concerning restitution.
| ||||||
2 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
3 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
4 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
5 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
6 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
7 | program.
| ||||||
8 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
9 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
10 | detention prior to judgment.
| ||||||
11 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
12 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
13 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
14 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
15 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
16 | electronic monitoring and home detention.
| ||||||
17 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
18 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
19 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
20 | be one year upon release from imprisonment.
| ||||||
21 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
22 | (730 ILCS 5/5-4.5-55) | ||||||
23 | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | ||||||
24 | A misdemeanor: | ||||||
25 | (a) TERM. The sentence of imprisonment shall be a |
| |||||||
| |||||||
1 | determinate sentence of less than one year.
| ||||||
2 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
3 | imprisonment shall be for a definite term of less than one | ||||||
4 | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
5 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
6 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
7 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
8 | incarceration program.
| ||||||
9 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
10 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
11 | period of probation or conditional discharge shall not exceed 2 | ||||||
12 | years. The court shall specify the conditions of probation or | ||||||
13 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
14 | 5/5-6-3).
| ||||||
15 | (e) FINE. A fine not to exceed $2,500 for each offense or | ||||||
16 | the amount specified in the offense, whichever is greater, may | ||||||
17 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
18 | conditional discharge, probation, periodic imprisonment, or | ||||||
19 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
20 | Art. 9) for imposition of additional amounts and determination | ||||||
21 | of amounts and payment.
| ||||||
22 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
23 | concerning restitution.
| ||||||
24 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
25 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
26 | ILCS 5/5-8-4).
|
| |||||||
| |||||||
1 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
2 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
3 | program.
| ||||||
4 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
5 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
6 | detention prior to judgment.
| ||||||
7 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
8 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
9 | regulations for good behavior allowance.
| ||||||
10 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
11 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
12 | electronic monitoring and home detention.
| ||||||
13 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
14 | (730 ILCS 5/5-4.5-60) | ||||||
15 | Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class | ||||||
16 | B misdemeanor: | ||||||
17 | (a) TERM. The sentence of imprisonment shall be a | ||||||
18 | determinate sentence of not more than 6 months.
| ||||||
19 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
20 | imprisonment shall be for a definite term of up to 6 months or | ||||||
21 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
22 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
23 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
24 | incarceration program.
| ||||||
25 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
| |||||||
| |||||||
1 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
2 | conditional discharge shall not exceed 2 years. The court shall | ||||||
3 | specify the conditions of probation or conditional discharge as | ||||||
4 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
5 | (e) FINE. A fine not to exceed $1,500 for each offense or | ||||||
6 | the amount specified in the offense, whichever is greater, may | ||||||
7 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
8 | conditional discharge, probation, periodic imprisonment, or | ||||||
9 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
10 | Art. 9) for imposition of additional amounts and determination | ||||||
11 | of amounts and payment.
| ||||||
12 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
13 | concerning restitution.
| ||||||
14 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
15 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
16 | ILCS 5/5-8-4).
| ||||||
17 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
18 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
19 | program.
| ||||||
20 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
21 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
22 | detention prior to judgment.
| ||||||
23 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
24 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
25 | regulations for good behavior allowance.
| ||||||
26 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section |
| |||||||
| |||||||
1 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
2 | electronic monitoring and home detention.
| ||||||
3 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
4 | (730 ILCS 5/5-4.5-65) | ||||||
5 | Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class | ||||||
6 | C misdemeanor: | ||||||
7 | (a) TERM. The sentence of imprisonment shall be a | ||||||
8 | determinate sentence of not more than 30 days.
| ||||||
9 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
10 | imprisonment shall be for a definite term of up to 30 days or | ||||||
11 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
12 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
13 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
14 | incarceration program.
| ||||||
15 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
16 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
17 | conditional discharge shall not exceed 2 years. The court shall | ||||||
18 | specify the conditions of probation or conditional discharge as | ||||||
19 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
20 | (e) FINE. A fine not to exceed $1,500 for each offense or | ||||||
21 | the amount specified in the offense, whichever is greater, may | ||||||
22 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
23 | conditional discharge, probation, periodic imprisonment, or | ||||||
24 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
25 | Art. 9) for imposition of additional amounts and determination |
| |||||||
| |||||||
1 | of amounts and payment.
| ||||||
2 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
3 | concerning restitution.
| ||||||
4 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
5 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
6 | ILCS 5/5-8-4).
| ||||||
7 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
8 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
9 | program.
| ||||||
10 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
11 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
12 | detention prior to judgment.
| ||||||
13 | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | ||||||
14 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
15 | regulations for good behavior allowance.
| ||||||
16 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
17 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
18 | electronic monitoring and home detention.
| ||||||
19 | (Source: P.A. 97-697, eff. 6-22-12.)
| ||||||
20 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
21 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
22 | use of a firearm; mandatory supervised release terms.
| ||||||
23 | (a) Except as otherwise provided in the statute defining | ||||||
24 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
25 | imprisonment for a felony shall be a determinate sentence set |
| |||||||
| |||||||
1 | by
the court under this Section, according to the following | ||||||
2 | limitations:
| ||||||
3 | (1) for first degree murder,
| ||||||
4 | (a) (blank),
| ||||||
5 | (b) if a trier of fact finds beyond a reasonable
| ||||||
6 | doubt that the murder was accompanied by exceptionally
| ||||||
7 | brutal or heinous behavior indicative of wanton | ||||||
8 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
9 | of this Section, that any of the aggravating factors
| ||||||
10 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
12 | present, the court may sentence the defendant, subject | ||||||
13 | to Section 5-4.5-105, to a term of natural life
| ||||||
14 | imprisonment, or
| ||||||
15 | (c) the court shall sentence the defendant to a | ||||||
16 | term of natural life
imprisonment if the defendant, at | ||||||
17 | the time of the commission of the murder, had attained | ||||||
18 | the age of 18, and
| ||||||
19 | (i) has previously been convicted of first | ||||||
20 | degree murder under
any state or federal law, or
| ||||||
21 | (ii) is found guilty of murdering more
than one | ||||||
22 | victim, or
| ||||||
23 | (iii) is found guilty of murdering a peace | ||||||
24 | officer, fireman, or emergency management worker | ||||||
25 | when
the peace officer, fireman, or emergency | ||||||
26 | management worker was killed in the course of |
| |||||||
| |||||||
1 | performing his
official duties, or to prevent the | ||||||
2 | peace officer or fireman from
performing his | ||||||
3 | official duties, or in retaliation for the peace | ||||||
4 | officer,
fireman, or emergency management worker | ||||||
5 | from performing his official duties, and the | ||||||
6 | defendant knew or should
have known that the | ||||||
7 | murdered individual was a peace officer, fireman, | ||||||
8 | or emergency management worker, or
| ||||||
9 | (iv) is found guilty of murdering an employee | ||||||
10 | of an institution or
facility of the Department of | ||||||
11 | Corrections, or any similar local
correctional | ||||||
12 | agency, when the employee was killed in the course | ||||||
13 | of
performing his official duties, or to prevent | ||||||
14 | the employee from performing
his official duties, | ||||||
15 | or in retaliation for the employee performing his
| ||||||
16 | official duties, or
| ||||||
17 | (v) is found guilty of murdering an emergency | ||||||
18 | medical
technician - ambulance, emergency medical | ||||||
19 | technician - intermediate, emergency
medical | ||||||
20 | technician - paramedic, ambulance driver or other | ||||||
21 | medical assistance or
first aid person while | ||||||
22 | employed by a municipality or other governmental | ||||||
23 | unit
when the person was killed in the course of | ||||||
24 | performing official duties or
to prevent the | ||||||
25 | person from performing official duties or in | ||||||
26 | retaliation
for performing official duties and the |
| |||||||
| |||||||
1 | defendant knew or should have known
that the | ||||||
2 | murdered individual was an emergency medical | ||||||
3 | technician - ambulance,
emergency medical | ||||||
4 | technician - intermediate, emergency medical
| ||||||
5 | technician - paramedic, ambulance driver, or other | ||||||
6 | medical
assistant or first aid personnel, or
| ||||||
7 | (vi) (blank), or
| ||||||
8 | (vii) is found guilty of first degree murder | ||||||
9 | and the murder was
committed by reason of any | ||||||
10 | person's activity as a community policing | ||||||
11 | volunteer
or to prevent any person from engaging in | ||||||
12 | activity as a community policing
volunteer. For | ||||||
13 | the purpose of this Section, "community policing | ||||||
14 | volunteer"
has the meaning ascribed to it in | ||||||
15 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
16 | For purposes of clause (v), "emergency medical | ||||||
17 | technician - ambulance",
"emergency medical technician - | ||||||
18 | intermediate", "emergency medical technician -
| ||||||
19 | paramedic", have the meanings ascribed to them in the | ||||||
20 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
21 | (d) (i) if the person committed the offense while | ||||||
22 | armed with a
firearm, 15 years shall be added to | ||||||
23 | the term of imprisonment imposed by the
court;
| ||||||
24 | (ii) if, during the commission of the offense, | ||||||
25 | the person
personally discharged a firearm, 20 | ||||||
26 | years shall be added to the term of
imprisonment |
| |||||||
| |||||||
1 | imposed by the court;
| ||||||
2 | (iii) if, during the commission of the | ||||||
3 | offense, the person
personally discharged a | ||||||
4 | firearm that proximately caused great bodily harm,
| ||||||
5 | permanent disability, permanent disfigurement, or | ||||||
6 | death to another person, 25
years or up to a term | ||||||
7 | of natural life shall be added to the term of
| ||||||
8 | imprisonment imposed by the court.
| ||||||
9 | (2) (blank);
| ||||||
10 | (2.5) for a person who has attained the age of 18 years
| ||||||
11 | at the time of the commission of the offense and
who is | ||||||
12 | convicted under the circumstances described in subdivision | ||||||
13 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
14 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
15 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
16 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
17 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
18 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
19 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, the sentence shall be a term of | ||||||
21 | natural life
imprisonment.
| ||||||
22 | (b) (Blank).
| ||||||
23 | (c) (Blank).
| ||||||
24 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
25 | parole or mandatory
supervised release term shall be written as | ||||||
26 | part of the sentencing order and shall be as follows:
|
| |||||||
| |||||||
1 | (1) for first degree murder or a Class X felony except | ||||||
2 | for the offenses of predatory criminal sexual assault of a | ||||||
3 | child, aggravated criminal sexual assault, and criminal | ||||||
4 | sexual assault if committed on or after the effective date | ||||||
5 | of this amendatory Act of the 94th General Assembly and | ||||||
6 | except for the offense of aggravated child pornography | ||||||
7 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
8 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
10 | committed on or after January 1, 2009, 3 years;
| ||||||
11 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
12 | the offense of criminal sexual assault if committed on or | ||||||
13 | after the effective date of this amendatory Act of the 94th | ||||||
14 | General Assembly and except for the offenses of manufacture | ||||||
15 | and dissemination of child pornography under clauses | ||||||
16 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
18 | after January 1, 2009, 2 years;
| ||||||
19 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
20 | (4) for defendants who commit the offense of predatory | ||||||
21 | criminal sexual assault of a child, aggravated criminal | ||||||
22 | sexual assault, or criminal sexual assault, on or after the | ||||||
23 | effective date of this amendatory Act of the 94th General | ||||||
24 | Assembly, or who commit the offense of aggravated child | ||||||
25 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
26 | with sentencing under subsection (c-5) of Section 11-20.1 |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
2 | manufacture of child pornography, or dissemination of | ||||||
3 | child pornography after January 1, 2009, the term of | ||||||
4 | mandatory supervised release shall range from a minimum of | ||||||
5 | 3 years to a maximum of the natural life of the defendant;
| ||||||
6 | (5) if the victim is under 18 years of age, for a | ||||||
7 | second or subsequent
offense of aggravated criminal sexual | ||||||
8 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
9 | the first 2 years of which the defendant shall serve in an
| ||||||
10 | electronic monitoring or home detention program under | ||||||
11 | Article 8A of Chapter V of this Code;
| ||||||
12 | (6) for a felony domestic battery, aggravated domestic | ||||||
13 | battery, stalking, aggravated stalking, and a felony | ||||||
14 | violation of an order of protection, 4 years. | ||||||
15 | (e) (Blank).
| ||||||
16 | (f) (Blank).
| ||||||
17 | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)
| ||||||
18 | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| ||||||
19 | Sec. 5-8A-3. Application.
| ||||||
20 | (a) Except as provided in subsection (d), a person charged | ||||||
21 | with
or convicted of an
excluded offense may not be placed in | ||||||
22 | an electronic monitoring or home
detention program, except for | ||||||
23 | bond pending trial or appeal or while on parole, aftercare | ||||||
24 | release,
or mandatory supervised release.
| ||||||
25 | (b) A person serving a sentence for a conviction of a Class |
| |||||||
| |||||||
1 | 1 felony,
other than an excluded offense, may be placed in an | ||||||
2 | electronic monitoring or home detention
program for a period | ||||||
3 | not to exceed the last 90 days of incarceration.
| ||||||
4 | (c) A person serving a sentence for a conviction
of a Class | ||||||
5 | X felony, other than an excluded offense, may be placed
in an | ||||||
6 | electronic monitoring or home detention program for a period | ||||||
7 | not to exceed the last 90
days of incarceration, provided that | ||||||
8 | the person was sentenced on or after August 11, 1993 ( the
| ||||||
9 | effective date of Public Act 88-311) this amendatory Act of | ||||||
10 | 1993 and provided that the court has
not prohibited the program | ||||||
11 | for the person in the sentencing order.
| ||||||
12 | (d) A person serving a sentence for conviction of an | ||||||
13 | offense other than
for predatory criminal sexual assault of a | ||||||
14 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
15 | assault, aggravated
criminal sexual abuse, or felony criminal | ||||||
16 | sexual abuse, may be placed in an
electronic monitoring or home | ||||||
17 | detention program for a period not to exceed the last 12 months
| ||||||
18 | of incarceration, provided that (i) the person is 55 years of | ||||||
19 | age or older;
(ii) the person is serving a determinate | ||||||
20 | sentence; (iii) the person has served
at least 25% of the | ||||||
21 | sentenced prison term; and (iv) placement in an electronic
home | ||||||
22 | monitoring or home detention program is approved by the | ||||||
23 | Prisoner Review Board or the Department of Juvenile Justice.
| ||||||
24 | (e) A person serving a sentence for conviction
of a Class | ||||||
25 | 2, 3 , or 4 felony offense which is not an excluded offense may | ||||||
26 | be
placed in an
electronic monitoring or home detention program |
| |||||||
| |||||||
1 | pursuant to Department administrative
directives.
| ||||||
2 | (f) Applications for electronic monitoring or home | ||||||
3 | detention
may include the following:
| ||||||
4 | (1) pretrial or pre-adjudicatory detention;
| ||||||
5 | (2) probation;
| ||||||
6 | (3) conditional discharge;
| ||||||
7 | (4) periodic imprisonment;
| ||||||
8 | (5) parole, aftercare release, or mandatory supervised | ||||||
9 | release;
| ||||||
10 | (6) work release;
| ||||||
11 | (7) furlough; or
| ||||||
12 | (8) post-trial incarceration.
| ||||||
13 | (g) A person convicted of an offense described in clause | ||||||
14 | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | ||||||
15 | shall be placed in an electronic monitoring or
home detention | ||||||
16 | program for at least the first 2 years of the person's | ||||||
17 | mandatory
supervised release term.
| ||||||
18 | (Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
19 | 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
| ||||||
20 | (730 ILCS 5/5-8A-4.1)
| ||||||
21 | Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||||||
22 | of the
electronic monitoring or home detention program. | ||||||
23 | (a) A person charged with or convicted of a felony,
or | ||||||
24 | charged with or adjudicated delinquent for an act which, if | ||||||
25 | committed by an adult, would constitute a felony, conditionally |
| |||||||
| |||||||
1 | released from the supervising authority through an electronic
| ||||||
2 | monitoring or home detention program, who knowingly violates a | ||||||
3 | condition of the
electronic
home monitoring or home detention | ||||||
4 | program is guilty of a Class 3 felony.
| ||||||
5 | (b) A person charged with or convicted of a misdemeanor,
or | ||||||
6 | charged with or adjudicated delinquent for an act which, if | ||||||
7 | committed by an adult, would constitute a misdemeanor, | ||||||
8 | conditionally released from the supervising authority through | ||||||
9 | an electronic
monitoring or home detention program, who | ||||||
10 | knowingly violates a condition of the
electronic
monitoring or | ||||||
11 | home detention program is guilty of a Class B misdemeanor.
| ||||||
12 | (c) A person who violates this Section while armed with a | ||||||
13 | dangerous weapon
is guilty of a Class 1 felony.
| ||||||
14 | (Source: P.A. 99-797, eff. 8-12-16.)
| ||||||
15 | (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
| ||||||
16 | Sec. 5-8A-5. Consent of the participant. Before entering an | ||||||
17 | order for
commitment for electronic monitoring, the | ||||||
18 | supervising authority shall
inform the participant and other | ||||||
19 | persons residing in the home of the nature
and extent of the | ||||||
20 | approved electronic monitoring devices by doing the
following:
| ||||||
21 | (A) Securing the written consent of the participant in | ||||||
22 | the program to
comply with the rules and regulations of the | ||||||
23 | program as stipulated in
subsections (A) through (I) of | ||||||
24 | Section 5-8A-4.
| ||||||
25 | (B) Where possible, securing the written consent of |
| |||||||
| |||||||
1 | other persons
residing in the home
of the participant, | ||||||
2 | including the person in whose name the telephone is
| ||||||
3 | registered, at the time of the order for or commitment for | ||||||
4 | electronic monitoring
home detention is entered and | ||||||
5 | acknowledge the nature and extent of approved
electronic | ||||||
6 | monitoring devices.
| ||||||
7 | (C) Ensure Insure that the approved electronic devices | ||||||
8 | be minimally
intrusive upon the privacy of the participant
| ||||||
9 | and other persons residing in the home
while remaining in | ||||||
10 | compliance with subsections (B) through (D)
of Section | ||||||
11 | 5-8A-4.
| ||||||
12 | (D) This Section does not apply to persons subject to | ||||||
13 | electronic monitoring Electronic
Monitoring or home detention | ||||||
14 | as a term or condition of parole, aftercare release, or | ||||||
15 | mandatory supervised release
under subsection (d) of Section | ||||||
16 | 5-8-1 of this Code.
| ||||||
17 | (Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16; | ||||||
18 | revised 10-27-16.)
| ||||||
19 | (730 ILCS 5/5-8A-6)
| ||||||
20 | Sec. 5-8A-6. Electronic monitoring of certain sex | ||||||
21 | offenders. For a sexual predator subject to electronic home | ||||||
22 | monitoring under paragraph (7.7) of subsection (a) of Section | ||||||
23 | 3-3-7, the Department of Corrections must use a system that | ||||||
24 | actively monitors and identifies the offender's current | ||||||
25 | location and timely reports or records the offender's presence |
| |||||||
| |||||||
1 | and that alerts the Department of the offender's presence | ||||||
2 | within a prohibited area described in Section 11-9.3 of the | ||||||
3 | Criminal Code of 2012, in a court order, or as a condition of | ||||||
4 | the offender's parole, mandatory supervised release, or | ||||||
5 | extended mandatory supervised release and the offender's | ||||||
6 | departure from specified geographic limitations. To the extent | ||||||
7 | that he or she is able to do so, which the Department of | ||||||
8 | Corrections by rule shall determine, the offender must pay for | ||||||
9 | the cost of the electronic monitoring.
| ||||||
10 | (Source: P.A. 99-797, eff. 8-12-16.)".
|