(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 |
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(2) Class X felonies.
(3) Class 1 felonies.
(4) Class 2 felonies.
(5) Class 3 felonies.
(6) Class 4 felonies.
(b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are |
| classified, for the purpose of sentencing, as follows: | |
(1) Class A misdemeanors.
(2) Class B misdemeanors.
(3) Class C misdemeanors.
(c) PETTY AND BUSINESS OFFENSES. Petty offenses and |
| business offenses are not classified. | |
(Source: P.A. 95‑1052, eff. 7‑1‑09.) |
(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 statute defining the offense or elsewhere:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) A fine.
(6) Restitution to the victim.
(7) Participation in an impact incarceration program.
(8) A term of imprisonment in combination with a term |
| of probation when the offender has been admitted into a drug court program. |
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(9) If the defendant is convicted of arson, |
| aggravated arson, residential arson, or place of worship arson, an order directing the offender to reimburse the local emergency response department for the costs of responding to the fire that the offender was convicted of setting in accordance with the Emergency Services Response Reimbursement for Criminal Convictions Act. |
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(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine nor restitution shall be the sole disposition for a felony, and either or both may be imposed only in conjunction with another disposition.
(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a |
| term of natural life is imposed, every sentence includes a term in addition to the term of imprisonment. For those sentenced under the law in effect before February 1, 1978, that term is a parole term. For those sentenced on or after February 1, 1978, that term is a mandatory supervised release term. |
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(Source: P.A. 95‑1052, eff. 7‑1‑09; incorporates P.A. 96‑400, eff. 8‑13‑09; 96‑1000, eff. 7‑2‑10.) |
(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 further proceedings and the imposition of a sentence and may not enter an order for supervision of the defendant. | |
(b) FELONY FINES. An offender may be sentenced to pay a |
| fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater, or if the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. | |
(c) REASONS FOR SENTENCE STATED. The sentencing judge in |
| each felony conviction shall set forth his or her reasons for imposing the particular sentence entered in the case, as provided in Section 5‑4‑1 (730 ILCS 5/5‑4‑1). Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such factors, as well as any other mitigating or aggravating factors that the judge sets forth on the record that are consistent with the purposes and principles of sentencing set out in this Code. | |
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a |
| sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed with the circuit court clerk within 30 days following the imposition of sentence. A motion not filed within that 30‑day period is not timely. The court may not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing. | |
If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an appeal, a final judgment is not considered to have been entered until the motion to reduce the sentence has been decided by order entered by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR |
| OTHER‑STATE SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the Illinois court ordered to be concurrent with the prior other‑state or federal sentence. The court may order that any time served on the unexpired portion of the other‑state or federal sentence, prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The appropriate official of the other state or the United States shall be furnished with a copy of the order imposing sentence, which shall provide that, when the offender is released from other‑state or federal confinement, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing Illinois county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of the sentence at the time of commitment and to be provided with copies of all records regarding the sentence. | |
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A |
| defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed sentence to have his or her sentence reduced. | |
The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his or her Illinois sentence. The application for reduction of a sentence under this subsection shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a |
| sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control. | |
(Source: P.A. 95‑1052, eff. 7‑1‑09.) |
(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 defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5‑6‑1 (730 ILCS 5/5‑6‑1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that: | |
(1) the defendant is not likely to commit further |
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(2) the defendant and the public would be best served |
| if the defendant were not to receive a criminal record; and | |
(3) in the best interests of justice, an order of |
| supervision is more appropriate than a sentence otherwise permitted under this Code. | |
(b) SUPERVISION; PERIOD. When a defendant is placed on |
| supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act (720 ILCS 550/10.3), Section 411.2 of the Illinois Controlled Substances Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/80), in which case the court may extend supervision beyond 2 years. The court shall specify the conditions of supervision as set forth in Section 5‑6‑3.1 (730 ILCS 5/5‑6‑3.1). | |
(c) NO REQUIRED BIRTH CONTROL. A court may not impose a |
| sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control. | |
(Source: P.A. 95‑1052, eff. 7‑1‑09.) |
(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. A defendant may be sentenced to pay a fine not
| to exceed $1,000 for each offense or the amount specified in the offense, whichever is less. A fine may be imposed in addition to a sentence of conditional discharge or probation. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. | |
(b) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
| in Section 5‑6‑2 (730 ILCS 5/5‑6‑2), a defendant may be sentenced to a period of probation or conditional discharge not to exceed 6 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5‑6‑3 (730 ILCS 5/5‑6‑3). | |
(c) RESTITUTION. A defendant may be sentenced to make |
| restitution to the victim under Section 5‑5‑6 (730 ILCS 5/5‑5‑6). | |
(d) 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 defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from re
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