Chapter 730 — CORRECTIONS

(730 ILCS 5/3-8-9) (from Ch. 38, par. 1003-8-9) Sec. 3-8-9. Agreement on Detainers. (a) The Agreement on Detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I The pa…

(730 ILCS 5/3-9-1) (from Ch. 38, par. 1003-9-1) Sec. 3-9-1. Educational Programs. (a) The Department of Juvenile Justice, subject to appropriation and with the cooperation of other State agencies that work with children, shall establish programming, the components of which shall …

(730 ILCS 5/3-9-2) (from Ch. 38, par. 1003-9-2) Sec. 3-9-2. Work Training Programs. (a) The Department of Juvenile Justice, in conjunction with the private sector, may establish and offer work training to develop work habits and equip persons committed to it with marketable skill…

(730 ILCS 5/3-9-2.1) Sec. 3-9-2.1. Emerging adult programs. (a) The Department of Juvenile Justice may establish and offer emerging adult programs for persons at least 18 years of age and under 22 years of age who are committed to the Department of Corrections. (b) Persons at lea…

(730 ILCS 5/3-9-3) (from Ch. 38, par. 1003-9-3) Sec. 3-9-3. Day Release. (a) The Department of Juvenile Justice may institute day release programs for persons committed to the Department of Juvenile Justice and shall establish rules and regulations therefor. (b) The Department of…

(730 ILCS 5/3-9-4) (from Ch. 38, par. 1003-9-4) Sec. 3-9-4. Authorized Absence. The Department of Juvenile Justice may extend the limits of the place of confinement of a person committed to the Department of Juvenile Justice so that he may leave such place on authorized absence. …

(730 ILCS 5/3-9-5) (from Ch. 38, par. 1003-9-5) Sec. 3-9-5. Minimum Standards. The minimum standards under Article 7 shall apply to all institutions and facilities under the authority of the Department of Juvenile Justice. (Source: P.A. 94-696, eff. 6-1-06.)

(730 ILCS 5/3-9-6) (from Ch. 38, par. 1003-9-6) Sec. 3-9-6. Unauthorized Absence. Whenever a person committed to the Department of Juvenile Justice absconds or absents himself or herself without authority to do so, from any facility or program to which he or she is assigned, he o…

(730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7) Sec. 3-9-7. Sexual abuse counseling programs. (a) The Department of Juvenile Justice shall establish and offer sexual abuse counseling to both victims of sexual abuse and sexual offenders in as many facilities as necessary to insure…

(730 ILCS 5/5-1-1) (from Ch. 38, par. 1005-1-1) Sec. 5-1-1. Meanings of Words and Phrases. For the purposes of this Chapter, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different…

(730 ILCS 5/5-1-1.1) Sec. 5-1-1.1. Aftercare release. "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the Department of Juvenile Justice. (Source: P.A. 98-558, …

(730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10) Sec. 5-1-10. Imprisonment. "Imprisonment" means incarceration in a correctional institution under a sentence of imprisonment and does not include "periodic imprisonment" under Article 7. "Imprisonment" also includes electronic mon…

(730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11) Sec. 5-1-11. Insanity. "Insanity" means the lack of a substantial capacity to appreciate the criminality of one's conduct as a result of mental disorder or mental defect. (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)…

(730 ILCS 5/5-1-12) (from Ch. 38, par. 1005-1-12) Sec. 5-1-12. Judgment. "Judgment" means an adjudication by the court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. (Source: P…

(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13) Sec. 5-1-13. Intellectual disability. "Intellectual disability" means sub-average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected…

(730 ILCS 5/5-1-14) (from Ch. 38, par. 1005-1-14) Sec. 5-1-14. Misdemeanor. "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. (Source: P.A. 77-2097.)

(730 ILCS 5/5-1-15) (from Ch. 38, par. 1005-1-15) Sec. 5-1-15. Offense. "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this State or by any law, local law or ordinance of a political subdivision of this State, or by a…

(730 ILCS 5/5-1-16) (from Ch. 38, par. 1005-1-16) Sec. 5-1-16. Parole. "Parole" means the conditional and revocable release of a person committed to the Department of Corrections under the supervision of a parole officer. (Source: P.A. 98-558, eff. 1-1-14.)

(730 ILCS 5/5-1-17) (from Ch. 38, par. 1005-1-17) Sec. 5-1-17. Petty Offense. "Petty offense" means any offense for which a sentence of imprisonment is not an authorized disposition. (Source: P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-1-18) (from Ch. 38, par. 1005-1-18) Sec. 5-1-18. Probation. "Probation" means a sentence or disposition of conditional and revocable release under the supervision of a probation officer. (Source: P.A. 78-939.)

(730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1) Sec. 5-1-18.1. "Public or community service" means uncompensated labor for a non-profit organization or public body whose purpose is to enhance physical or mental stability, environmental quality or the social welfare and whic…

(730 ILCS 5/5-1-18.2) (from Ch. 38, par. 1005-1-18.2) Sec. 5-1-18.2. "Site" means non-profit organization or public body agreeing to accept community service from offenders and to report on the progress of ordered public or community service to the court or its delegate. (Source:…

(730 ILCS 5/5-1-19) (from Ch. 38, par. 1005-1-19) Sec. 5-1-19. Sentence. "Sentence" is the disposition imposed by the court on a convicted defendant. (Source: P.A. 77-2097.)

(730 ILCS 5/5-1-2) (from Ch. 38, par. 1005-1-2) Sec. 5-1-2. Business Offense. "Business Offense" means a petty offense for which the fine is in excess of $1,000. (Source: P.A. 90-384, eff. 1-1-98.)

(730 ILCS 5/5-1-20) (from Ch. 38, par. 1005-1-20) Sec. 5-1-20. State. "State" or "this State" means the State of Illinois. (Source: P.A. 77-2097.)

(730 ILCS 5/5-1-21) (from Ch. 38, par. 1005-1-21) Sec. 5-1-21. Supervision.) "Supervision" means a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successfu…

(730 ILCS 5/5-1-22) (from Ch. 38, par. 1005-1-22) Sec. 5-1-22. Victim. "Victim" shall have the meaning ascribed to the term "crime victim" in subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act. (Source: P.A. 92-651, eff. 7-11-02.)

(730 ILCS 5/5-1-3) (from Ch. 38, par. 1005-1-3) Sec. 5-1-3. Charge. "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. (Source: P.A. 77-2097.)

(730 ILCS 5/5-1-3.5) Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3-3-7, paragraph (10) of subsection (a) of Section 5-6-3, and paragraph (18) of subsection (c) of Section 5-6-3.1 only has the meaning ascribed to it in s…

(730 ILCS 5/5-1-4) (from Ch. 38, par. 1005-1-4) Sec. 5-1-4. Conditional discharge. "Conditional Discharge" means a sentence or disposition of conditional and revocable release without probationary supervision but under such conditions as may be imposed by the court. (Source: P.A.…

(730 ILCS 5/5-1-5) (from Ch. 38, par. 1005-1-5) Sec. 5-1-5. Conviction. "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent ju…

(730 ILCS 5/5-1-6) (from Ch. 38, par. 1005-1-6) Sec. 5-1-6. Court. "Court" means a circuit court of Illinois and includes a judge thereof. (Source: P.A. 77-2097.)

(730 ILCS 5/5-1-7) (from Ch. 38, par. 1005-1-7) Sec. 5-1-7. Defendant. "Defendant" means a person charged with an offense. (Source: P.A. 77-2097.)

(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8) Sec. 5-1-8. Defendant in need of mental treatment. "Defendant in need of mental treatment" means any defendant afflicted with a mental disorder, not including a person with an intellectual disability, if that defendant, as a result …

(730 ILCS 5/5-1-8.5) Sec. 5-1-8.5. Computer scrub software. "Computer scrub software" has the meaning ascribed to it in subsection (c-5) of Section 3-1-2 of this Code. (Source: P.A. 96-362, eff. 1-1-10.)

(730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9) Sec. 5-1-9. Felony. "Felony" means an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided. (Source: P.A. 103-51, eff. 1-1-24.)

(730 ILCS 5/5-2-3) (from Ch. 38, par. 1005-2-3) Sec. 5-2-3. (Repealed). (Source: Repealed by P.A. 88-350.)

(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4) Sec. 5-2-4. Proceedings after acquittal by reason of insanity. (a) After a finding or verdict of not guilty by reason of insanity under Sections 104-25, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the defendant shall …

(730 ILCS 5/5-2-5) (from Ch. 38, par. 1005-2-5) Sec. 5-2-5. In any issue of determination of fitness of a defendant to plead, to stand trial, to be sentenced or to be executed, or in any issue related to insanity or to mental illness, a clinical psychologist as defined in paragra…

(730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6) Sec. 5-2-6. Sentencing and treatment of defendant found guilty but mentally ill. (a) After a plea or verdict of guilty but mentally ill under Section 115-2, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the court shall …

(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 5/5-4-1) (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…