Any defendant placed in a secure setting pursuant to this Section, transported to court hearings or other necessary appointments off facility grounds by personnel of the Department of Human Services, shall be placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others. disability that would prevent participation in a county impact incarceration program. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake. See Article 9 of Chapter V (730 ILCS 5/Ch. Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses; (2) the specific duties and responsibilities. If the sanctions are accepted, they shall be imposed immediately. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons or notice from the clerk of the court or Sheriff. 1-1-13; 97-1150, eff. 1-1-14. ), (730 ILCS 5/5-4.5-20) Sec. geographic area except upon such terms as the court finds appropriate. The court shall then cause the defendant to be brought before it; shall inform the defendant of the allegations of the statement so filed, and of his or her right to a hearing before the court on the issue of that former conviction and of his or her right to counsel at that hearing; and unless the defendant admits such conviction, shall hear and determine the issue, and shall make a written finding thereon. this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death; or (3) a statutory summary suspension or revocation under Section 11-501.1 of this Code. 5-6-3.2. ), (730 ILCS 5/5-2-5) (from Ch. Programs conducting these evaluations shall be licensed by the Department of Human Services. (Source: P.A. 6-30-06; 95-1052, eff. ), (730 ILCS 5/5-2-6) (from Ch. (f) RESTITUTION. (b) PERIODIC IMPRISONMENT. (4) A minimum term of imprisonment of not less than. Loss and Restoration of Rights. (j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V; (iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. 93-475, eff. ), (730 ILCS 5/5-1-5) (from Ch. The defendant shall be sentenced to imprisonment or, if appropriate, death under Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 1-1-13; 97-1150, eff. (c) A citation in this Code or in another Act to a provision consolidated or unified in this Article 4.5 or to any other provision consolidated or unified in this amendatory Act of the 95th General Assembly shall be construed to be a citation to that consolidated or unified provision. (f) The Court shall direct that notice of the time and place of the hearing be served upon the defendant, the facility director, the State's Attorney, and the defendant's attorney. defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012, or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. (b) Presentence reports shall be open for inspection only as follows: (1) to the sentencing court; (2) to the state's attorney and the defendant's. (k) ELECTRONIC HOME DETENTION. (E) Costs incurred in continuing education. The provisions of this subsection (d), other than this sentence, are inoperative after June 30, 2011. 38, par. the Illinois Department of Corrections or the Department of Human Services or to a prosecutor who is evaluating or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of a presentence report or the respondent to a petition brought under the Sexually Violent Persons Commitment Act who is the subject of the presentence report sought. tissue specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood, saliva, or tissue specimen is a Class 4 felony. Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after January 1, 1997; (2) ordered institutionalized as a sexually dangerous, (3) convicted of a qualifying offense or attempt of a. qualifying offense before July 1, 1990 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction; (3.5) convicted or found guilty of any offense. 96-852, eff. Except as provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. (l) This amendatory Act shall apply to all persons who have been found not guilty by reason of insanity and who are presently committed to the Department of Mental Health and Developmental Disabilities (now the Department of Human Services). 1-1-08; 95-1052, eff. The court shall revoke the supervision of a person who wilfully fails to comply with this subsection (k). ), (730 ILCS 5/5-1-20) (from Ch. (b) In addition to any penalty imposed under subsection (a) of this Section, a fine of $100 shall be levied by the court, the proceeds of which shall be collected by the Circuit Clerk and remitted to the State Treasurer under Section 27.6 of the Clerks of Courts Act for deposit into the Trauma Center Fund for distribution as provided under Section 3.225 of the Emergency Medical Services (EMS) Systems Act. "Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed. In addition to the $29 fee, the person shall also pay a fee of $6, which, if not waived by the court, shall be collected as provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. The cost of maintenance of such offender shall be paid by the county in which he was committed. Conviction. the person's home or elsewhere to the extent necessary for the Sheriff to monitor compliance with the program. ), (730 ILCS 5/5-9-2) (from Ch. (l) The court may order an offender who is sentenced to probation or conditional discharge for a violation of an order of protection be placed under electronic surveillance as provided in Section 5-8A-7 of this Code. ), (730 ILCS 5/5-5-5) (from Ch. 1005-4-2) Sec. (e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. The sentence of imprisonment for an extended term Class X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be not less than 30 years and not more than 60 years. 8-8-03. (c) In misdemeanor, business offense or petty offense cases, except as specified in subsection (d) of this Section, when a presentence report has been ordered by the court, such presentence report shall contain information on the defendant's history of delinquency or criminality and shall further contain only those matters listed in any of paragraphs (1) through (6) of subsection (a) or in subsection (b) of this Section as are specified by the court in its order for the report. 8-5-11; 97-1150, eff. 5-3-3. For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. (k) A defendant at least 17 years of age who is placed on supervision for a misdemeanor in a county of 3,000,000 or more inhabitants and who has not been previously convicted of a misdemeanor or felony may as a condition of his or her supervision be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. ), (730 ILCS 5/5-1-3.5) Sec. The offense of reckless homicide can also be charged as a Class 2 felony when specific aggravating factors are present. ), (730 ILCS 5/5-9-1.14) Sec. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance. A person may be charged with reckless homicide when he unintentionally causes the death of another person while operating a vehicle, including: A motor vehicle; A snowmobile; A boat or other type of watercraft; or The notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing. 7-13-12. (l) PAROLE; MANDATORY SUPERVISED RELEASE. 38, par. Concurrent and consecutive terms of imprisonment. 5-8A-4.1. be subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act. (4.2) Except as provided in paragraphs (4.3) and. (l) PAROLE; MANDATORY SUPERVISED RELEASE. In this case, the defendant is entitled to no more than 4 1/2 days of sentence credit for each month of his or her sentence of imprisonment. However, if the individual is not a resident of Illinois, the court may, in its discretion, accept an evaluation from a program in the state of such individual's residence. The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, of all offenders with a sentence of periodic imprisonment. 5-5.5-40. children eligible for sentences of incarceration, may benefit from the rehabilitative aspects of gender responsive treatment programs and services. A reckless homicide conviction is a class 2 felony and may carry enhanced penalties if the offense involves certain aggravating circumstances. The accused shall be responsible for payment of any traffic safety program fees. (Q) A violation of subsection (b) or (b-5) of. deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. (ii) A certificate of good conduct shall not limit or prevent the introduction of evidence of a prior conviction for purposes of impeachment of a witness in a judicial or other proceeding where otherwise authorized by the applicable rules of evidence. 7-1-09; 96-1200, eff. 8-12-09; 96-400, eff. (g) CONCURRENT OR CONSECUTIVE SENTENCE. The Notice shall contain the technical violation or violations involved, the date or dates of the violation or violations, and the intermediate sanctions to be imposed. attempted commission of the following: sexual exploitation of a child, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, promoting juvenile prostitution, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012. of probation when the offender has been admitted into a drug court program. 5-4.5-60. (Source: P.A. (j) The procedure upon the filing of a Petition to. ), (730 ILCS 5/5-8-2) (from Ch. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment. (c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. 98-104) Sec. Specimens; genetic marker groups. (e) Any certificate of good conduct issued by the Court to an individual who at the time of the issuance of the certificate is under the conditions of parole or mandatory supervised release imposed by the Prisoner Review Board shall be deemed to be a temporary certificate until the time as the individual is discharged from the terms of parole or mandatory supervised release, and, while temporary, the certificate may be revoked by the Court for violation of the conditions of parole or mandatory supervised release. (a) Except where specifically prohibited by other provisions of this Code, the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: (1) his imprisonment or periodic imprisonment is, necessary for the protection of the public; or, (2) probation or conditional discharge would, deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or, (3) a combination of imprisonment with concurrent or. (C) The participant shall make the necessary arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention. outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy. Order of Withholding. 9-11-05. controlled substances in connection with criminal investigations conducted within this State; (2) purchase and maintenance of equipment for use in, (3) continuing education, training and professional. ), (730 ILCS 5/5-8A-7) Sec. (a) A judge shall not sentence an offender to a term of imprisonment in excess of the maximum sentence authorized by Article 4.5 of Chapter V for an offense or offenses within the class of the most serious offense of which the offender was convicted unless the factors in aggravation set forth in Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act; (19) the defendant was a federally licensed firearm. (Source: P.A. 1-25-13; 98-385, eff. Disclaimer: These codes may not be the most recent version. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. Multiple Offenses. (f) An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of relief from disabilities, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of relief from disabilities. If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that: (1) the offender is not likely to commit further, (3) in the best interests of justice an order of, (c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state. 97-262, eff. 5-6-1. (4.9) A mandatory prison sentence of not less than 4. and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections. 77-2097. See Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for sentence credit. (4) This Section does not apply unless each of the. (g) Except as otherwise provided in paragraph (i) of this Section, the provisions of paragraph (c) shall not apply to a defendant charged with violating Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has within the last 5 years been: (1) convicted for a violation of Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or. (Source: P.A. 5-8-5. 96-427, eff. 7-1-09. CLASS X FELONIES; SENTENCE. (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4). If the analysis fee is not paid at the time of sentencing, the court shall establish a fee schedule by which the entire amount of the analysis fee shall be paid in full, such schedule not to exceed 24 months from the time of conviction. ), (730 ILCS 5/5-5-3) (from Ch. 77-2097. The defendant sentenced to a term of periodic imprisonment shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. 1 . (3) When a defendant is convicted of aggravated. Illinois Compiled Statutes - Illinois General Assembly (b) In fixing the amount of restitution to be paid in. (l) The Director of the Department of Corrections shall have the authority to develop rules to establish and operate a pilot residential and treatment program for women that shall include criteria for selection of the participants of the program in conjunction and approval by the sentencing court. Criminal acts committed outside the State shall be classified as acts committed within the State based on the maximum sentence that could have been imposed based upon the conviction under the laws of the foreign jurisdiction. Illinois Reckless Homicide Lawyer | Lake County Vehicular Homicide (CC) Knowingly selling, offering for sale. ), (730 ILCS 5/5-1-10) (from Ch. 38, par. by the. A defendant may be sentenced to pay a fine not to exceed $1,000 for each offense or the amount specified in the offense, whichever is less. DUI analysis fee. ), (730 ILCS 5/5-8-1) (from Ch. 8-16-13. 94-550, eff. 78-939. Recent laws may not yet be included in the ILCS database, but they are found on this site as. (b-5) In cases involving felony sex offenses in which the offender is being considered for probation only or any felony offense that is sexually motivated as defined in the Sex Offender Management Board Act in which the offender is being considered for probation only, the investigation shall include a sex offender evaluation by an evaluator approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act. offense of institutional vandalism if the damage to the property exceeds $300. (b) MISDEMEANOR CLASSIFICATIONS. ), (730 ILCS 5/5-5-2) Sec. The evidence shall be presented in open court with the right of confrontation, cross-examination, and representation by counsel. The fees shall be collected by the clerk of the circuit court. Of the collected proceeds, (i) 90% shall be remitted to the State Treasurer for deposit into the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be remitted for deposit into the Criminal Justice Information Projects Fund, for use by the Illinois Criminal Justice Information Authority for the costs associated with making grants from the Prescription Pill and Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% for deposit into the Circuit Court Clerk Operation and Administrative Fund for the costs associated with administering this subsection.