Statutes > Illinois Statutes > CHAPTER 730 CORRECTIONS > 730 ILCS 5/ Unified Code of Corrections. > Chapter V - Sentencing

Chapter V - Sentencing


      (730 ILCS 5/Ch. V heading)
CHAPTER V. SENTENCING


      (730 ILCS 5/Ch. V Art. 1 heading)
ARTICLE 1. GENERAL DEFINITIONS

    (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 meaning.
(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 5/5‑1‑3) (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 subsection (a‑5) of Section 3‑1‑2 of this Code.
(Source: P.A. 94‑159, eff. 7‑11‑05.)

    (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. 78‑1297.)

    (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 jurisdiction authorized to try the case without a jury.
(Source: P. A. 77‑2097.)

    (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 who is mentally retarded, if that defendant, as a result of such mental disorder, is reasonably expected at the time of determination or within a reasonable time thereafter to intentionally or unintentionally physically injure himself or other persons, or is unable to care for himself so as to guard himself from physical injury or to provide for his own physical needs.
(Source: P. A. 77‑2097.)

    (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 death or to a term of imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 77‑2097.)

    (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.
(Source: P. A. 77‑2097.)

    (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. A. 77‑2097.)

    (730 ILCS 5/5‑1‑13) (from Ch. 38, par. 1005‑1‑13)
    Sec. 5‑1‑13. Mentally Retarded.
    "Mentally retarded and mental retardation" mean sub‑average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected in delayed maturation or reduced learning ability or inadequate social adjustment.
(Source: P. A. 77‑2097.)

    (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 any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.
(Source: P. A. 77‑2097.)

    (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 committed person under the supervision of a parole officer.
(Source: P. A. 78‑939.)

    (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 which agrees to accept public or community service from offenders and to report on the progress of the public or community service to the court.
(Source: P.A. 85‑449.)

    (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: P.A. 85‑449.)

    (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 5/5‑1‑20) (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 successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.
(Source: P.A. 79‑1334.)

    (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/Ch. V Art. 2 heading)
ARTICLE 2. DIVERSION FOR SPECIALIZED TREATMENT

    (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 be ordered to the Department of Human Services for an evaluation as to whether he is in need of mental health services. The order shall specify whether the evaluation shall be conducted on an inpatient or outpatient basis. If the evaluation is to be conducted on an inpatient basis, the defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary. With the court order for evaluation shall be sent a copy of the arrest report, criminal charges, arrest record, jail record, any report prepared under Section 115‑6 of the Code of Criminal Procedure of 1963, and any victim impact statement prepared under Section 6 of the Rights of Crime Victims and Witnesses Act. After the evaluation and during the period of time required to determine the appropriate placement, the defendant shall remain in jail. Individualized placement evaluations by the Department of Human Services determine the most appropriate setting for forensic treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender, and proximity to family. Upon completion of the placement process the sheriff shall be notified and shall transport the defendant to the designated facility.
    The Department shall provide the Court with a report of its evaluation within 30 days of the date of this order. The Court shall hold a hearing as provided under the Mental Health and Developmental Disabilities Code to determine if the individual is: (a) in need of mental health services on an inpatient basis; (b) in need of mental health services on an outpatient basis; (c) a person not in need of mental health services. The Court shall enter its findings.
    If the defendant is found to be in need of mental health services on an inpatient care basis, the Court shall order the defendant to the Department of Human Services. The defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary. Such defendants placed in a secure setting shall not be permitted outside the facility's housing unit unless escorted or accompanied by personnel of the Department of Human Services or with the prior approval of the Court for unsupervised on‑grounds privileges as provided herein. Any defendant placed in a secure setting pursuant to this Section, transported to court hearings or other necessary appointments off facility grounds by personnel of the Department of Human Services, shall be placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others. These security measures shall not constitute restraint as defined in the Mental Health and Developmental Disabilities Code. If the defendant is found to be in need of mental health services, but not on an inpatient care basis, the Court shall conditionally release the defendant, under such conditions as set forth in this Section as will reasonably assure the defendant's satisfactory progress and participation in treatment or rehabilitation and the safety of the defendant and others. If the Court finds the person not in need of mental health services, then the Court shall order the defendant discharged from custody.
    (a‑1) Definitions. For the purposes of this Section:
        (A) (Blank).
        (B) "In need of mental health services on an
    inpatient basis" means: a defendant who has been found not guilty by reason of insanity but who due to mental illness is reasonably expected to inflict serious physical harm upon himself or another and who would benefit from inpatient care or is in need of inpatient care.
        (C) "In need of mental health services on an
    outpatient basis" means: a defendant who has been found not guilty by reason of insanity who is not in need of mental health services on an inpatient basis, but is in need of outpatient care, drug and/or alcohol rehabilitation programs, community adjustment programs, individual, group, or family therapy, or chemotherapy.
        (D) "Conditional Release" means: the release from
    either the custody of the Department of Human Services or the custody of the Court of a person who has been found not guilty by reason of insanity under such conditions as the Court may impose which reasonably assure the defendant's satisfactory progress in treatment or habilitation and the safety of the defendant and others. The Court shall consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, random testing to ensure the defendant's timely and continuous taking of any medicines prescribed to control or manage his or her conduct or mental state, and periodic checks with the legal authorities and/or the Department of Human Services. The Court may order as a condition of conditional release that the defendant not contact the victim of the offense that resulted in the finding or verdict of not guilty by reason of insanity or any other person. The Court may order the Department of Human Services to provide care to any person conditionally released under this Section. The Department may contract with any public or private agency in order to discharge any responsibilities imposed under this Section. The Department shall monitor the provision of services to persons conditionally released under this Section and provide periodic reports to the Court concerning the services and the condition of the defendant. Whenever a person is conditionally released pursuant to this Section, the State's Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decides that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section. Such conditional release shall be for a period of five years. However, the defendant, the person or facility rendering the treatment, therapy, program or outpatient care, the Department, or the State's Attorney may petition the Court for an extension of the conditional release period for an additional 5 years. Upon receipt of such a petition, the Court shall hold a hearing consistent with the provisions of paragraph (a), this paragraph (a‑1), and paragraph (f) of this Section, shall determine whether the defendant should continue to be subject to the terms of conditional release, and shall enter an order either extending the defendant's period of conditional release for an additional 5 year period or discharging the defendant. Additional 5‑year periods of conditional release may be ordered following a hearing as provided in this Section. However, in no event shall the defendant's period of conditional release continue beyond the maximum period of commitment ordered by the Court pursuant to paragraph (b) of this Section. These provisions for extension of conditional release shall only apply to defendants conditionally released on or after August 8, 2003. However the extension provisions of Public Act 83‑1449 apply only to defendants charged with a forcible felony.
        (E) "Facility director" means the chief officer of a
    mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, nurse, or clinical professional counselor.
    (b) If the Court finds the defendant in need of mental health services on an inpatient basis, the admission, detention, care, treatment or habilitation, treatment plans, review proceedings, including review of treatment and treatment plans, and discharge of the defendant after such order shall be under the Mental Health and Developmental Disabilities Code, except that the initial order for admission of a defendant acquitted of a felony by reason of insanity shall be for an indefinite period of time. Such period of commitment shall not exceed the maximum length of time that the defendant would have been required to serve, less credit for good behavior as provided in Section 5‑4‑1 of the Unified Code of Corrections, before becoming eligible for release had he been convicted of and received the maximum sentence for the most serious crime for which he has been acquitted by reason of insanity. The Court shall determine the maximum period of commitment by an appropriate order. During this period of time, the defendant shall not be permitted to be in the community in any manner, including but not limited to off‑grounds privileges, with or without escort by personnel of the Department of Human Services, unsupervised on‑grounds privileges, discharge or conditional or temporary release, except by a plan as provided in this Section. In no event shall a defendant's continued unauthorized absence be a basis for discharge. Not more than 30 days after admission and every 60 days thereafter so long as the initial order remains in effect, the facility director shall file a treatment plan report in writing with the court and forward a copy of the treatment plan report to the clerk of the court, the State's Attorney, and the defendant's attorney, if the defendant is represented by counsel, or to a person authorized by the defendant under the Mental Health and Developmental Disabilities Confidentiality Act to be sent a copy of the report. The report shall include an opinion as to whether the defendant is currently in need of mental health services on an inpatient basis or in need of mental health services on an outpatient basis. The report shall also summarize the basis for those findings and provide a current summary of the following items from the treatment plan: (1) an assessment of the defendant's treatment needs, (2) a description of the services recommended for treatment, (3) the goals of each type of element of service, (4) an anticipated timetable for the accomplishment of the goals, and (5) a designation of the qualified professional responsible for the implementation of the plan. The report may also include unsupervised on‑grounds privileges, off‑grounds privileges (with or without escort by personnel of the Department of Human Services), home visits and participation in work programs, but only where such privileges have been approved by specific court order, which order may include such conditions on the defendant as the Court may deem appropriate and necessary to reasonably assure the defendant's satisfactory progress in treatment and the safety of the defendant and others.
    (c) Every defendant acquitted of a felony by reason of insanity and subsequently found to be in need of mental health services shall be represented by counsel in all proceedings under this Section and under the Mental Health and Developmental Disabilities Code.
        (1) The Court shall appoint as counsel the public
    defender or an attorney licensed by this State.
        (2) Upon filing with the Court of a verified
    statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this subsection, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as the defendant is unable to pay from funds appropriated by the General Assembly for that purpose.
    (d) When the facility director determines that:
        (1) the defendant is no longer in need of mental
    health services on an inpatient basis; and
        (2) the defendant may be conditionally released
    because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services; or
        (3) the defendant no longer requires placement in a
    secure setting;
the facility director shall give written notice to the Court, State's Attorney and defense attorney. Such notice shall set forth in detail the basis for the recommendation of the facility director, and specify clearly the recommendations, if any, of the facility director, concerning conditional release. Any recommendation for conditional release shall include an evaluation of the defendant's need for psychotropic medication, what provisions should be made, if any, to ensure that the defendant will continue to receive psychotropic medication following discharge, and what provisions should be made to assure the safety of the defendant and others in the event the defendant is no longer receiving psychotropic medication. Within 30 days of the notification by the facility director, the Court shall set a hearing and make a finding as to whether the defendant is:
        (i) (blank); or
        (ii) in need of mental health services in the form of
    inpatient care; or
        (iii) in need of mental health services but not
    subject to inpatient care; or
        (iv) no longer in need of mental health services; or
        (v) no longer requires placement in a secure setting.
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