Chapter 730 — CORRECTIONS

(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1) Sec. 5-6-1. Sentences of probation and of conditional discharge and disposition of supervision. The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions o…

(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2) Sec. 5-6-2. Incidents of Probation and of Conditional Discharge. (a) When an offender is sentenced to probation or conditional discharge, the court shall impose a period as provided in Article 4.5 of Chapter V, and shall specify the…

(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) Sec. 5-6-3. Conditions of probation and of conditional discharge. (a) The conditions of probation and of conditional discharge shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) report to or appe…

(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) Sec. 5-6-3.1. Incidents and conditions of supervision. (a) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of such supervision, and shall defer further proceedings …

(730 ILCS 5/5-6-3.2) (from Ch. 38, par. 1005-6-3.2) Sec. 5-6-3.2. (a) In counties with populations of 2,000,000 or more inhabitants, the court may, after consideration of the factors set forth in paragraph (c), require as a condition of probation that a person participate in the …

(730 ILCS 5/5-6-3.3) Sec. 5-6-3.3. Offender Initiative Program. (a) Statement of purpose. The General Assembly seeks to continue other successful programs that promote public safety, conserve valuable resources, and reduce recidivism by defendants who can lead productive lives by…

(730 ILCS 5/5-6-3.4) Sec. 5-6-3.4. Second Chance Probation. (a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of…

(730 ILCS 5/5-6-3.5) Sec. 5-6-3.5. Appropriations to the Department of Human Services for services under the Offender Initiative Program and Second Chance Probation. (a) As used in this Section, "qualified program" means a program licensed, certified, or otherwise overseen by the…

(730 ILCS 5/5-6-3.6) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offende…

(730 ILCS 5/5-6-3.7) Sec. 5-6-3.7. Unlawful possession of weapons offense diversion programs; Firearm Owner's Identification Card eligibility. (a) A State's Attorney, at his or her discretion, may request that a defendant charged with an unlawful possession of weapons offense und…

(730 ILCS 5/5-6-3.8) Sec. 5-6-3.8. Eligibility for programs restricted by felony background. Any conviction entered prior to July 1, 2021 (the effective date of Public Act 101-652) for: (1) felony possession of a controlled substance, or possession with intent to manufacture or d…

(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4) Sec. 5-6-4. Violation, modification or revocation of probation, of conditional discharge or supervision or of a sentence of county impact incarceration - hearing. (a) Except in cases where conditional discharge or supervision was im…

(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) Sec. 5-6-4.1. Violation, modification or revocation of conditional discharge or supervision - hearing.) (a) In cases where a defendant was placed upon supervision or conditional discharge for the commission of a petty offense, u…

(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1) Sec. 5-7-1. Sentence of periodic imprisonment. (a) A sentence of periodic imprisonment is a sentence of imprisonment during which the committed person may be released for periods of time during the day or night or for periods of day…

(730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2) Sec. 5-7-2. Modification and Revocation. (a) A sentence of periodic imprisonment may be modified or revoked by the court if: (1) the offender commits another offense; or (2) the offender violates any of the conditions of the sentenc…

(730 ILCS 5/5-7-3) (from Ch. 38, par. 1005-7-3) Sec. 5-7-3. Commitment. (a) Commitment under a sentence of periodic imprisonment for a misdemeanor shall be to the sheriff or the superintendent of the house of corrections or workhouse. (b) Commitment under a sentence of periodic i…

(730 ILCS 5/5-7-4) (from Ch. 38, par. 1005-7-4) Sec. 5-7-4. Continuation of Employment. If the offender has been regularly employed, the Department of Corrections, the sheriff, the superintendent of the house of correction or workhouse, or the probation officer shall arrange for …

(730 ILCS 5/5-7-5) (from Ch. 38, par. 1005-7-5) Sec. 5-7-5. Arrangement between Sheriffs for Employment. The court may authorize the sheriff to whose custody a defendant is committed, to arrange with another sheriff for the employment of the offender in the latter's county, and w…

(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6) Sec. 5-7-6. Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation. (a) Every gainfully employed offender shall be responsible for managing his or her earnings. The clerk of the circuit c…

(730 ILCS 5/5-7-7) (from Ch. 38, par. 1005-7-7) Sec. 5-7-7. Jurisdiction. The court which committed the offender to periodic imprisonment shall retain jurisdiction over him during the term of commitment and may order a diminution of the term if his conduct, diligence and general …

(730 ILCS 5/5-7-8) (from Ch. 38, par. 1005-7-8) Sec. 5-7-8. Subsequent Sentences. (a) The service of a sentence of imprisonment shall satisfy any sentence of periodic imprisonment which was imposed on an offender for an offense committed prior to the imposition of the sentence. A…

(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms. (a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a sentence of impriso…

(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1) Sec. 5-8-1.1. Impact program. (a) The Department may establish and operate an impact program for eligible offenders. If the court finds under Section 5-4-1 that an offender sentenced to a term of imprisonment for a felony may me…

(730 ILCS 5/5-8-1.2) Sec. 5-8-1.2. County impact incarceration. (a) Legislative intent. It is the finding of the General Assembly that certain non-violent offenders eligible for sentences of incarceration may benefit from the rehabilitative aspects of a county impact incarceratio…

(730 ILCS 5/5-8-1.3) Sec. 5-8-1.3. (Repealed). (Source: P.A. 102-1100, eff. 1-1-23. Repealed by P.A. 103-363, eff. 7-28-23.)

(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2) Sec. 5-8-2. Extended Term. (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…

(730 ILCS 5/5-8-3) Sec. 5-8-3. (Repealed). (Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) (Text of Section from P.A. 103-1081) Sec. 5-8-4. Concurrent and consecutive terms of imprisonment. (a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a de…

(730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5) Sec. 5-8-5. Commitment of the Offender. Upon rendition of judgment after pronouncement of a sentence of periodic imprisonment, imprisonment, or death, the court shall commit the offender to the custody of the sheriff or to the Depar…

(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6) Sec. 5-8-6. Place of confinement. (a) Except as otherwise provided in this subsection (a), offenders sentenced to a term of imprisonment for a felony shall be committed to the penitentiary system of the Department of Corrections. Ho…

(730 ILCS 5/5-8-7) Sec. 5-8-7. (Repealed). (Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)

(730 ILCS 5/5-8-8) Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. (a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council. (b) Purposes and goals. The purpose of the Co…

(730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1) Sec. 5-8A-1. Title. This Article shall be known and may be cited as the Electronic Monitoring and Home Detention Law. (Source: P.A. 99-797, eff. 8-12-16.)

(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2) Sec. 5-8A-2. Definitions. As used in this Article: (A) "Approved electronic monitoring device" means a device approved by the supervising authority which is primarily intended to record or transmit information as to the defendant'…

(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3) Sec. 5-8A-3. Application. (a) Except as provided in subsection (d), a person charged with or convicted of an excluded offense may not be placed in an electronic monitoring or home detention program, except for bond pending trial o…

(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4) Sec. 5-8A-4. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. When using electronic monitoring …

(730 ILCS 5/5-8A-4.1) Sec. 5-8A-4.1. Escape. (a) A person charged with a felony, or charged with an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic monitoring or home detention program, wh…

(730 ILCS 5/5-8A-4.15) Sec. 5-8A-4.15. Failure to comply with a condition of the electronic monitoring or home detention program. (a) A person charged with a felony or misdemeanor, or charged with an act that, if committed by an adult, would constitute a felony, or misdemeanor, c…

(730 ILCS 5/5-8A-4.2) Sec. 5-8A-4.2. Successful transition to the community. (a) The Department shall engage in reentry planning to include individualized case planning for persons preparing to be released to the community. This planning shall begin at intake and be supported thr…

(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5) Sec. 5-8A-5. Consent of the participant. Before entering an order for commitment for electronic monitoring, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of …

(730 ILCS 5/5-8A-5.1) Sec. 5-8A-5.1. Public notice of release on electronic monitoring or home detention. The Department of Corrections must make identification information and a recent photo of an inmate being placed on electronic monitoring or home detention under the provision…

(730 ILCS 5/5-8A-6) Sec. 5-8A-6. Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies …

(730 ILCS 5/5-8A-7) Sec. 5-8A-7. Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, Department of Juvenile Justice, or court (the supervising authority) orders electronic surveillance as a condition of parole, aftercare release, manda…

(730 ILCS 5/5-8A-8) Sec. 5-8A-8. Service of a minimum term of imprisonment. When an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentenc…

(730 ILCS 5/5-8A-9) Sec. 5-8A-9. Electronic monitoring by probation departments. If the supervising authority is a probation department, the Chief Judge of the circuit court may by administrative order establish a program for electronic monitoring of offenders, in which a vendor …

(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1) Sec. 5-9-1. Authorized fines. (a) An offender may be sentenced to pay a fine as provided in Article 4.5 of Chapter V. (b) (Blank). (c) (Blank). (c-5) (Blank). (c-7) (Blank). (c-9) (Blank). (d) In determining the amount and method of…

(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) Sec. 5-9-1.1. (Repealed). (Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)

(730 ILCS 5/5-9-1.1-5) Sec. 5-9-1.1-5. (Repealed). (Source: P.A. 100-987, Article 900, Section 900-5, eff. 8-20-18. Repealed by P.A. 100-987, Article 905, Section 905-93, eff. 7-1-19.)

(730 ILCS 5/5-9-1.10) Sec. 5-9-1.10. (Repealed). (Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.)

(730 ILCS 5/5-9-1.11) Sec. 5-9-1.11. Domestic Violence Abuser Services Fund. (a) (Blank). (b) Domestic Violence Abuser Services Fund; administration. There is created a Domestic Violence Abuser Services Fund in the State Treasury. Moneys deposited into the Fund under Section 15-7…