Chapter 730, CORRECTIONS

(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) Sec. 3-3-7. Conditions of parole or mandatory supervised release. (a) The conditions of parole or mandatory supervised release shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-abiding…

(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8) Sec. 3-3-8. Length of parole and mandatory supervised release; discharge. (a) The length of parole for a person sentenced under the law in effect prior to the effective date of this amendatory Act of 1977 and the length of mandatory…

(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9) Sec. 3-3-9. Violations; changes of conditions; preliminary hearing; revocation of parole or mandatory supervised release; revocation hearing. (a) If prior to expiration or termination of the term of parole or mandatory supervised re…

(730 ILCS 5/3-3-9.5) Sec. 3-3-9.5. Revocation of aftercare release; revocation hearing. (a) If, prior to expiration or termination of the aftercare release term, a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 violates a condition o…

(730 ILCS 210/3-5) Sec. 3-5. Report of deaths of persons in custody in correctional institutions. (a) In this Act, "law enforcement agency" includes each law enforcement entity within this State having the authority to arrest and detain persons suspected of, or charged with, comm…

(730 ILCS 152/301) Sec. 301. (This Section is compiled at 415 ILCS 125/301). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/305) Sec. 305. (This Section is compiled at 415 ILCS 125/305). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/310) Sec. 310. (This Section of P.A. 89-428 is compiled at 415 ILCS 125/310; P.A. 89-462 included a different Section 310 that contained unrelated amendatory provisions). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/315) Sec. 315. (This Section is compiled at 415 ILCS 125/315). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/320) Sec. 320. (This Section is compiled at 415 ILCS 125/320). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/325) Sec. 325. (This Section is compiled at 415 ILCS 125/325). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/390) Sec. 390. (This Section is compiled at 415 ILCS 125/390). (Source: P.A. 89-428, eff. 1-1-96.)

(730 ILCS 152/391) Sec. 391. (Amendatory provisions; text omitted). (Source: P.A. 89-428, eff. 1-1-96; text omitted.)

(730 ILCS 152/392) Sec. 392. (Amendatory provisions; text omitted). (Source: P.A. 89-428, eff. 1-1-96; text omitted.)

(730 ILCS 152/395) Sec. 395. (Amendatory provisions; text omitted). (Source: P.A. 89-428, eff. 1-1-96; text omitted.)

(730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1) Sec. 5-3-1. Presentence Investigation. A defendant shall not be sentenced for a felony before a written presentence report of investigation is presented to and considered by the court. However, other than for felony sex offenders be…

(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2) Sec. 5-3-2. Presentence report. (a) In felony cases, the presentence report shall set forth: (1) the defendant's history of delinquency or criminality, physical and mental history and condition, family situation and background, econ…

(730 ILCS 5/5-3-3) (from Ch. 38, par. 1005-3-3) Sec. 5-3-3. Presentence Commitment for Study. (a) In felony cases where the court is of the opinion that imprisonment may be appropriate but desires more information as a basis for determining the sentence than has been or may be pr…

(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4) Sec. 5-3-4. Disclosure of Reports. (a) Any report made pursuant to this Article or Section 5-705 of the Juvenile Court Act of 1987 shall be filed of record with the court in a sealed envelope. (b) Presentence reports shall be open f…

(730 ILCS 5/8-3-1) (from Ch. 38, par. 1008-3-1) Sec. 8-3-1. Chapter, Article or Sections Headings-Effect. Chapter Article or Section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions…

(730 ILCS 5/8-3-2) (from Ch. 38, par. 1008-3-2) Sec. 8-3-2. References to headings. Where, in this Code, reference is made to a Section, Article or Chapter by its number and no Act is specified, the reference is to the correspondingly numbered Section, Article or Chapter of this …

(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1) Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; Department of Corrections Reimbursement and Education Fund. (a) The Department may accept, receive and use, for and in behalf of the State, any moneys, goods or services given for …

(730 ILCS 5/3-4-2) (from Ch. 38, par. 1003-4-2) Sec. 3-4-2. Disposition of Property. (a) The Department may with the consent of the Director of Central Management Services lease its unneeded, unused or unproductive land upon such terms and conditions, as in its judgment are in th…

(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) Sec. 3-4-3. Funds and property of persons committed. (a) The Department of Corrections and the Department of Juvenile Justice shall establish accounting records with accounts for each person who has or receives money while in an ins…

(730 ILCS 5/3-4-3.1) Sec. 3-4-3.1. Identification documents of committed persons. (a) Driver's licenses, State issued identification cards, social security account cards, or other government issued identification documents in possession of a county sheriff at the time a person is…

(730 ILCS 5/3-4-4) (from Ch. 38, par. 1003-4-4) Sec. 3-4-4. Interstate Corrections Compact. (a) The State of Illinois ratifies and approves the following compact: INTERSTATE CORRECTIONS COMPACT ARTICLE I PURPOSE AND POLICY The party states, desiring by common action to fully util…

(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) Sec. 5-4-1. Sentencing hearing. (a) After a determination of guilt, a hearing shall be held to impose the sentence. However, prior to the imposition of sentence on an individual being sentenced for an offense based upon a charge for…

(730 ILCS 5/5-4-2) (from Ch. 38, par. 1005-4-2) Sec. 5-4-2. Multiple Offenses. (a) After conviction and before sentencing, the defendant shall be permitted, subject to the approval of the State's Attorney, to plead guilty to other offenses he has committed which are within the sa…

(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for a qualifying offense or attempt of a qualifying…

(730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1) Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses. (a) Except for good cause shown by written motion, any person adjudged guilty of any offense involving an illegal sexual act perpetrated upon a victim, including but not limited…

(730 ILCS 5/5-4-3.2) Sec. 5-4-3.2. Collection and storage of Internet protocol addresses. (a) Cyber-crimes Location Database. The Attorney General is hereby authorized to establish and maintain the "Illinois Cyber-crimes Location Database" (ICLD) to collect, store, and use Intern…

(730 ILCS 5/5-4-3a) Sec. 5-4-3a. DNA testing backlog accountability. (a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information: (1) the extent of the backlog of cases awaiting t…

(730 ILCS 5/5-4-3b) (Text of Section before amendment by P.A. 104-709) Sec. 5-4-3b. Electronic Laboratory Information Management System. (a) The Illinois State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS) to efficientl…

(730 ILCS 5/8-4-1) (from Ch. 38, par. 1008-4-1) Sec. 8-4-1. Severability of invalid provisions. If any provision of this Code or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Code which …

(730 ILCS 5/3-5-1) Sec. 3-5-1. Master record file. (a) The Department of Corrections and the Department of Juvenile Justice shall maintain a master record file on each person committed to it, which shall contain the following information: (1) all information from the committing c…

(730 ILCS 5/3-5-2) (from Ch. 38, par. 1003-5-2) Sec. 3-5-2. Institutional Record. The Department shall maintain records of the examination, assignment, transfer, discipline of committed persons and what grievances, if any, are made in each of its institutions, facilities and prog…

(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1) Sec. 3-5-3.1. Report to the General Assembly. (a) As used in this Section, "facility" includes any facility of the Department of Corrections. (b) The Department of Corrections shall, by January 1st, April 1st, July 1st, and Octo…

(730 ILCS 5/3-5-4) Sec. 3-5-4. Exchange of information for child support enforcement. (a) The Department shall exchange with the Department of Healthcare and Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illi…

(730 ILCS 5/5-5-10) Sec. 5-5-10. Community service fee. When an offender or defendant is ordered by the court to perform community service and the offender is not otherwise assessed a fee for probation services, the court shall impose a fee of $50 for each month the community ser…

(730 ILCS 5/5-5-3) Sec. 5-5-3. Disposition. (a) (Blank). (b) (Blank). (c)(1) (Blank). (2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the mi…

(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1) Sec. 5-5-3.1. Factors in mitigation. (a) The following grounds shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment: (1) The defendant's criminal conduct neither caused nor threatened serious…

(730 ILCS 5/5-5-3.2) Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1…

(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4) Sec. 5-5-4. Resentences. (a) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same con…

(730 ILCS 5/5-5-4.1) (from Ch. 38, par. 1005-5-4.1) Sec. 5-5-4.1. Appeal. The defendant has the right of appeal in all cases from sentences entered on conviction of first degree murder or any other Class of felony. (Source: P.A. 84-1450.)

(730 ILCS 5/5-5-4.2) (from Ch. 38, par. 1005-5-4.2) Sec. 5-5-4.2. Statewide Sentence Equalization Procedures.) The Supreme Court may by rule, not inconsistent with law, prescribe such practices and procedures as will promote a uniformity and parity of sentences within and among t…

(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) Sec. 5-5-5. Loss and restoration of rights. (a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereaft…

(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6) Sec. 5-5-6. In all convictions for offenses in violation of the Criminal Code of 1961 or the Criminal Code of 2012 or of Section 11-501 of the Illinois Vehicle Code in which the person received any injury to his or her person or dam…

(730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7) Sec. 5-5-7. Neither the State, any local government, probation department, public or community service program or site, nor any official, volunteer, or employee thereof acting in the course of their official duties shall be liable f…

(730 ILCS 5/5-5-8) (from Ch. 38, par. 1005-5-8) Sec. 5-5-8. No person assigned to a public or community service program shall be considered an employee for any purpose, nor shall the county board be obligated to provide any compensation to such person. (Source: P.A. 85-449.)…

(730 ILCS 5/5-5-9) (from Ch. 38, par. 1005-5-9) Sec. 5-5-9. Community service. When a defendant is ordered by the court to perform community service as a condition of his or her sentence, the court in its discretion may appoint a non-profit organization to administer a program of…