Chapter 730 — CORRECTIONS

(730 ILCS 5/5-4-3b) 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 efficiently and effectively track all evidence submitted for …

(730 ILCS 5/5-4.5-10) Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS. (a) FELONY CLASSIFICATIONS. Felonies are classified, for the purpose of sentencing, as follows: (1) First degree murder (as a separate class of felony). (2) Class X felonies. (3) Class 1 felonies. (4) Class 2 felonies.…

(730 ILCS 5/5-4.5-100) Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. (a) COMMENCEMENT. A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served. (b) CREDIT; TIME IN CU…

(730 ILCS 5/5-4.5-105) Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. (a) On or after January 1, 2016 (the effective date of Public Act 99-69), when a person commits an offense and the person is under 18 years of age at …

(730 ILCS 5/5-4.5-110) Sec. 5-4.5-110. (Repealed). (Source: P.A. 102-1109, eff. 12-21-22. Repealed internally, eff. 1-1-24.)

(730 ILCS 5/5-4.5-115) (Text of Section from P.A. 104-11) Sec. 5-4.5-115. Parole review of persons under the age of 21 at the time of the commission of an offense. (a) For purposes of this Section, "victim" means a victim of a violent crime as defined in subsection (a) of Section…

(730 ILCS 5/5-4.5-15) Sec. 5-4.5-15. DISPOSITIONS. (a) APPROPRIATE DISPOSITIONS. The following are appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than as provided in Section 5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the st…

(730 ILCS 5/5-4.5-20) Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first degree murder: (a) TERM. The defendant shall be sentenced to imprisonment under Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012. Imprisonment shall be for a determinate term, subje…

(730 ILCS 5/5-4.5-25) Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence, subject to Section 5-4.5-115 of this Code, of not less than 6 years and not more than 30 years. The sentence of imprisonm…

(730 ILCS 5/5-4.5-30) Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 felony: (a) TERM. The sentence of imprisonment, other than for second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years, subject to Section 5-4.5-115 of…

(730 ILCS 5/5-4.5-35) Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. The sentence of imprisonment for an extended term Class 2 felony, as p…

(730 ILCS 5/5-4.5-40) Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as p…

(730 ILCS 5/5-4.5-45) Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 felony: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. The sentence of imprisonment for an extended term Class 4 felony, as …

(730 ILCS 5/5-4.5-5) Sec. 5-4.5-5. STANDARD SENTENCING. Except as specifically provided elsewhere, this Article governs sentencing for offenses. (Source: P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-4.5-50) Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except as otherwise provided, for all felonies: (a) NO SUPERVISION. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may not defer f…

(730 ILCS 5/5-4.5-55) Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class A misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite ter…

(730 ILCS 5/5-4.5-60) Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class B misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6 months. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite…

(730 ILCS 5/5-4.5-65) Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class C misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 30 days. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite …

(730 ILCS 5/5-4.5-70) Sec. 5-4.5-70. SENTENCE PROVISIONS; ALL MISDEMEANORS. Except as otherwise provided, for all misdemeanors: (a) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may…

(730 ILCS 5/5-4.5-75) Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as otherwise provided, for a petty offense: (a) FINE. Unless otherwise specified by law, the minimum fine is $75. A defendant may be sentenced to pay a fine not to exceed $1,000 for each offense or the amount s…

(730 ILCS 5/5-4.5-80) Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as otherwise provided, for a business offense: (a) FINE. Unless otherwise specified by law, the minimum fine is $75. A defendant may be sentenced to pay a fine not to exceed for each offense the amount speci…

(730 ILCS 5/5-4.5-85) Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE. (a) FELONY. The particular classification of each felony is specified in the law defining the felony. Any unclassified offense that is declared by law to be a felony or that provides a sentence to a term of imp…

(730 ILCS 5/5-4.5-90) Sec. 5-4.5-90. OTHER REMEDIES NOT LIMITED. This Article does not deprive a court in other proceedings of the power to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty. (Sourc…

(730 ILCS 5/5-4.5-95) Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. (a) HABITUAL CRIMINALS. (1) Every person who has been twice convicted in any state or federal court of an offense that contains the same elements as an offense now (the date of the offense committed after the 2 p…

(730 ILCS 5/5-4.5-990) Sec. 5-4.5-990. PRIOR LAW; OTHER ACTS; PRIOR SENTENCING. (a) This Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly consolidate and unify certain criminal sentencing provisions and make conforming changes in the law. (…

(730 ILCS 5/5-5-1) Sec. 5-5-1. (Repealed). (Source: P.A. 84-1450. Repealed by P.A. 95-1052, eff. 7-1-09.)

(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 5/5-5-2) Sec. 5-5-2. (Repealed). (Source: P.A. 80-1099. Repealed by P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-5-3) (Text of Section from P.A. 103-1071) 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…

(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) (Text of Section from P.A. 103-1071) 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 mor…

(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 5/5-5-4.3) Sec. 5-5-4.3. (Repealed). (Source: P.A. 95-1052, eff. 7-1-09. Repealed by P.A. 97-800, eff. 7-13-12.)

(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…

(730 ILCS 5/5-5.5-10) Sec. 5-5.5-10. Certificate of relief from disabilities. (a) A certificate of relief from disabilities does not, however, in any way prevent any judicial proceeding, administrative, licensing, or other body, board, or authority from relying upon the convictio…

(730 ILCS 5/5-5.5-15) Sec. 5-5.5-15. Certificates of relief from disabilities issued by courts. (a) Any circuit court of this State may issue a certificate of relief from disabilities to an eligible offender for a conviction that occurred in that court if the court imposed the se…

(730 ILCS 5/5-5.5-20) Sec. 5-5.5-20. (Repealed). (Source: P.A. 93-207, eff. 1-1-04. Repealed by P.A. 96-852, eff. 1-1-10.)

(730 ILCS 5/5-5.5-25) Sec. 5-5.5-25. Certificate of good conduct. (a) A certificate of good conduct may be granted as provided in this Section to relieve an eligible offender of any employment, occupational licensing, or housing bar. The certificate may be limited to one or more …

(730 ILCS 5/5-5.5-30) Sec. 5-5.5-30. Issuance of certificate of good conduct. (a) After a rehabilitation review has been held, in a manner designated by the chief judge of the judicial circuit in which the conviction was entered, the Circuit Court of that judicial circuit shall h…

(730 ILCS 5/5-5.5-35) Sec. 5-5.5-35. Effect of revocation; use of revoked certificate. (a) If a certificate of relief from disabilities is deemed to be temporary and the certificate is revoked, disabilities and forfeitures thereby relieved shall be reinstated as of the date upon …

(730 ILCS 5/5-5.5-40) Sec. 5-5.5-40. Forms and filing. (a) All applications, certificates, and orders of revocation necessary for the purposes of this Article shall be upon forms prescribed by the Chief Justice of the Supreme Court or his or her designee. The forms relating to ce…

(730 ILCS 5/5-5.5-45) Sec. 5-5.5-45. Certificate not to be deemed to be a pardon. Nothing contained in this Article shall be deemed to alter or limit or affect the manner of applying for pardons to the Governor, and no certificate issued under this Article shall be deemed or cons…

(730 ILCS 5/5-5.5-5) Sec. 5-5.5-5. Definition. In this Article, "eligible offender" means a person who has been convicted of a crime in this State or of an offense in any other jurisdiction that does not include any offense or attempted offense that would subject a person to regi…

(730 ILCS 5/5-5.5-50) Sec. 5-5.5-50. Report. The Department of Professional Regulation shall report to the General Assembly by November 30 of each year, for each occupational licensure category, the number of licensure applicants with felony convictions, the number of applicants …