Chapter 730, CORRECTIONS

(730 ILCS 175/45-35) Sec. 45-35. Child abuse and neglect reports. (a) All secure residential youth care facility license applicants and all current and prospective employees of a secure residential youth care facility who have any possible contact with youth in the course of thei…

(730 ILCS 175/45-40) Sec. 45-40. Background investigations; license applicants. For the purposes of background investigations authorized under this Act, "license applicant" means the operator or person with direct responsibility for daily operation of the secure residential youth…

(730 ILCS 175/45-45) Sec. 45-45. Cooperation with State agencies. (a) The Department shall coordinate the functions within State government affecting facilities licensed under this Act and shall cooperate with other State agencies that establish standards or requirements for faci…

(730 ILCS 175/45-5) Sec. 45-5. Purpose. The Illinois Department of Corrections shall establish a system of licensure for secure residential youth care facilities in accordance with this Act for the following purposes: (1) Protection of the health, welfare, and safety of residents…

(730 ILCS 175/45-50) Sec. 45-50. Licenses and permits. (a) Upon receipt of an application filed in proper order, the Department shall examine the facilities and persons responsible for the care of youth. (b) Licenses shall be issued in the form and manner prescribed by the Depart…

(730 ILCS 175/45-52) Sec. 45-52. Certification by applicant. No applicant shall be issued a permit or license unless it certifies to the Department in a form satisfactory to the Department that the proposed secure residential youth care facility is in compliance with all applicab…

(730 ILCS 175/45-55) Sec. 45-55. License renewal. (a) A licensed secure residential youth care facility must apply for renewal of its license to the Department on forms prescribed by the Department. (b) The Department, or a suitable agency or person designated by the Department a…

(730 ILCS 175/45-60) Sec. 45-60. Minimum standards. (a) The Department must prescribe and publish minimum standards for licensing that apply to secure residential youth care facilities. The Department may consult with the Department of Children and Family Services and any other r…

(730 ILCS 175/45-65) Sec. 45-65. Maximum allowable capacity. The Department shall determine the need for and the maximum allowable capacity of secure residential youth care facilities pursuant to rules promulgated in accordance with the Illinois Administrative Procedure Act. (Sou…

(730 ILCS 175/45-70) Sec. 45-70. License revocation; refusal to renew. The Department may revoke or refuse to renew the license of any secure residential youth care facility or refuse to issue a full license to the holder of a permit should the licensee or holder of a permit do a…

(730 ILCS 175/45-75) Sec. 45-75. Conditional license. The Department may issue a conditional license to any secure residential youth care facility which is licensed under this Act. The conditional license shall be a nonrenewable license issued for a period of 6 months and the Dep…

(730 ILCS 175/45-80) Sec. 45-80. Procedure for revocation or refusal to review; notice. (a) Prior to revocation or refusal to renew a license, the Department shall notify the licensee by registered mail, return receipt requested, at the address specified on the license, or at the…

(730 ILCS 175/45-85) Sec. 45-85. Complaint substantiation. Before the Department initiates a full-scale investigation of any complaint received regarding a secure residential youth care facility the Department may, when appropriate, provide procedures for the substantiation of th…

(730 ILCS 175/45-90) Sec. 45-90. Attendance of witnesses; production of documents; contempt. Any circuit court, upon application either of the person requesting a hearing or of the Department, may require the attendance of witnesses and the production of relevant documents before…

(730 ILCS 175/45-900) Sec. 45-900. (Amendatory provisions; text omitted). (Source: P.A. 88-680, eff. 1-1-95.)

(730 ILCS 175/45-905) Sec. 45-905. (Amendatory provisions; text omitted). (Source: P.A. 88-680, eff. 1-1-95.)

(730 ILCS 175/45-910) Sec. 45-910. (Amendatory provisions; text omitted). (Source: P.A. 88-680, eff. 1-1-95.)

(730 ILCS 175/45-915) Sec. 45-915. (Amendatory provisions; text omitted). (Source: P.A. 88-680, eff. 1-1-95.)

(730 ILCS 175/45-95) Sec. 45-95. Operation without license. Whenever the Department is advised, or has reason to believe, that any person, group of persons, corporation, or other entity is operating a secure residential youth care facility without a license or permit, it shall ma…

(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 5/5-4.5-115) 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 3 of the Rights of Crime Victims a…

(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 5/5-5.5-10) 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 5/5-5.5-25) 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…