Statutes > Illinois Statutes > CHAPTER 730 CORRECTIONS > 730 ILCS 5/ Unified Code of Corrections. > Article 8 - Imprisonment

Article 8 - Imprisonment


      (730 ILCS 5/Ch. V Art. 8 heading)
ARTICLE 8. IMPRISONMENT

    (730 ILCS 5/5‑8‑1)(from Ch. 38, par. 1005‑8‑1)
    (Text of Section from P.A. 95‑1052)
    Sec. 5‑8‑1. Natural life imprisonment; mandatory supervised release.
    (a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations:
        (1) for first degree murder,
            (a) (blank),
            (b) if a trier of fact finds beyond a reasonable
         doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9‑1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or
            (c) the court shall sentence the defendant to a
         term of natural life imprisonment when the death penalty is not imposed if the defendant,
                (i) has previously been convicted of first
             degree murder under any state or federal law, or
                (ii) is a person who, at the time of the
             commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age; or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of murdering more than one victim, or
                (iii) is found guilty of murdering a peace
             officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
                (iv) is found guilty of murdering an
             employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
                (v) is found guilty of murdering an
             emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistant or first aid personnel, or
                (vi) is a person who, at the time of the
             commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or
                (vii) is found guilty of first degree murder
             and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2‑3.5 of the Criminal Code of 1961.
            For purposes of clause (v), "emergency medical
         technician ‑ ambulance", "emergency medical technician ‑ intermediate", "emergency medical technician ‑ paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
            (d) (i) if the person committed the offense
             while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
                (ii) if, during the commission of the
             offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
                (iii) if, during the commission of the
             offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
        (2) (blank);
        (2.5) for a person convicted under the circumstances
     described in paragraph (3) of subsection (b) of Section 12‑13, paragraph (2) of subsection (d) of Section 12‑14, paragraph (1.2) of subsection (b) of Section 12‑14.1, or paragraph (2) of subsection (b) of Section 12‑14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment.
    (b) (Blank.)
    (c) (Blank.)
    (d) Subject to earlier termination under Section 3‑3‑8, the parole or mandatory supervised release term shall be as follows:
        (1) for first degree murder or a Class X felony
     except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offense of aggravated child pornography under Section 11‑20.3 of the Criminal Code of 1961, if committed on or after January 1, 2009, 3 years;
        (2) for a Class 1 felony or a Class 2 felony except
     for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11‑20.1 of the Criminal Code of 1961, if committed on or after January 1, 2009, 2 years;
        (3) for a Class 3 felony or a Class 4 felony, 1 year;
        (4) for defendants who commit the offense of
     predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, or who commit the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
        (5) if the victim is under 18 years of age, for a
     second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code.
    (e) (Blank.)
    (f) (Blank.)
(Source: P.A. 94‑165, eff. 7‑11‑05; 94‑243, eff. 1‑1‑06; 94‑715, eff. 12‑13‑05; 95‑983, eff. 6‑1‑09; 95‑1052, eff. 7‑1‑09.)
 
    (Text of Section from P.A. 96‑282)
    Sec. 5‑8‑1. Sentence of Imprisonment for Felony.
    (a) Except as otherwise provided in the statute defining the offense, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations:
        (1) for first degree murder,
            (a) a term shall be not less than 20 years and
         not more than 60 years, or
            (b) if a trier of fact finds beyond a reasonable
         doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9‑1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or
            (c) the court shall sentence the defendant to a
         term of natural life imprisonment when the death penalty is not imposed if the defendant,
                (i) has previously been convicted of first
             degree murder under any state or federal law, or
                (ii) is a person who, at the time of the
             commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age; or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of murdering more than one victim, or
                (iii) is found guilty of murdering a peace
             officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
                (iv) is found guilty of murdering an
             employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
                (v) is found guilty of murdering an
             emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistant or first aid personnel, or
                (vi) is a person who, at the time of the
             commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or
                (vii) is found guilty of first degree murder
             and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2‑3.5 of the Criminal Code of 1961.
            For purposes of clause (v), "emergency medical
         technician ‑ ambulance", "emergency medical technician ‑ intermediate", "emergency medical technician ‑ paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
            (d) (i) if the person committed the offense
             while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
                (ii) if, during the commission of the
             offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
                (iii) if, during the commission of the
             offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
        (1.5) for second degree murder, a term shall be not
     less than 4 years and not more than 20 years;
        (2) for a person adjudged a habitual criminal under
     Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment;
        (2.5) for a person convicted under the circumstances
     described in paragraph (3) of subsection (b) of Section 12‑13, paragraph (2) of subsection (d) of Section 12‑14, paragraph (1.2) of subsection (b) of Section 12‑14.1, or paragraph (2) of subsection (b) of Section 12‑14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment;
        (3) except as otherwise provided in the statute
     defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years;
        (4) for a Class 1 felony, other than second degree
     murder, the sentence shall be not less than 4 years and not more than 15 years;
        (5) for a Class 2 felony, the sentence shall be not
     less than 3 years and not more than 7 years;
        (6) for a Class 3 felony, the sentence shall be not
     less than 2 years and not more than 5 years;
        (7) for a Class 4 felony, the sentence shall be not
     less than 1 year and not more than 3 years.
    (b) The sentencing judge in each felony conviction shall set forth his reasons for imposing the particular sentence he enters in the case, as provided in Section 5‑4‑1 of this Code. Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such circumstances, as well as any other such factors as the judge shall set forth on the record that are consistent with the purposes and principles of sentencing set out in this Code.
    (c) 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 within 30 days following the imposition of sentence. However, the court may not increase a sentence once it is imposed.
    If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide such motion within a reasonable time.
    If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, then for purposes of perfecting an appeal, a final judgment shall not be considered to have been entered until the motion to reduce a sentence has been decided by order entered by the trial court.
    A motion filed pursuant to this subsection shall not be considered to have been timely filed unless it is filed with the circuit court clerk within 30 days after the sentence is imposed together with a notice of motion, which 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.
    (d) Except where a term of natural life is imposed, every sentence shall include as though written therein a term in addition to the term of imprisonment. For those sentenced under the law in effect prior to February 1, 1978, such term shall be identified as a parole term. For those sentenced on or after February 1, 1978, such term shall be identified as a mandatory supervised release term. Subject to earlier termination under Section 3‑3‑8, the parole or mandatory supervised release term shall be as follows:
        (1) for first degree murder or a Class X felony
     except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offense of aggravated child pornography under Section 11‑20.3 of the Criminal Code of 1961, if committed on or after January 1, 2009, 3 years;
        (2) for a Class 1 felony or a Class 2 felony except
     for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11‑20.1 of the Criminal Code of 1961, if committed on or after January 1, 2009, 2 years;
        (3) for a Class 3 felony or a Class 4 felony, 1 year;
        (4) for defendants who commit the offense of
     predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, or who commit the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
        (5) if the victim is under 18 years of age, for a
     second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code;
        (6) for a felony domestic battery, aggravated
     domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years.
    (e) 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 sentence by the Illinois court ordered to be concurrent with the prior sentence in the other state. The court may order that any time served on the unexpired portion of the sentence in the other state, prior to his return to Illinois, shall be credited on his Illinois sentence. The other state shall be furnished with a copy of the order imposing sentence which shall provide that, when the offender is released from confinement of the other state, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of such sentence at the time of commitment and to be provided with copies of all records regarding the sentence.
    (f) 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 court which imposed sentence to have his 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 Illinois sentence. Such application for reduction of a sentence under this subsection (f) 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.
(Source: P.A. 95‑983, eff. 6‑1‑09; 96‑282, eff. 1‑1‑10.)

    (730 ILCS 5/5‑8‑1.1) (from Ch. 38, par. 1005‑8‑1.1)
    Sec. 5‑8‑1.1. Impact incarceration.
    (a) The Department may establish and operate an impact incarceration 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 meet the eligibility requirements of the Department, the court may in its sentencing order approve the offender for placement in the impact incarceration program conditioned upon his acceptance in the program by the Department. Notwithstanding the sentencing provisions of this Code, the sentencing order also shall provide that if the Department accepts the offender in the program and determines that the offender has successfully completed the impact incarceration program, the sentence shall be reduced to time considered served upon certification to the court by the Department that the offender has successfully completed the program. In the event the offender is not accepted for placement in the impact incarceration program or the offender does not successfully complete the program, his term of imprisonment shall be as set forth by the court in its sentencing order.
    (b) In order to be eligible to participate in the impact incarceration program, the committed person shall meet all of the following requirements:
        (1) The person must be not less than 17 years of age
     nor more than 35 years of age.
        (2) The person has not previously participated in
     the impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
        (3) The person has not been convicted of a Class X
     felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, residential arson, place of worship arson, or arson and has not been convicted previously of any of those offenses.
        (4) The person has been sentenced to a term of
     imprisonment of 8 years or less.
        (5) The person must be physically able to
     participate in strenuous physical activities or labor.
        (6) The person must not have any mental disorder or
     disability that would prevent participation in the impact incarceration program.
        (7) The person has consented in writing to
     participation in the impact incarceration program and to the terms and conditions thereof.
        (8) The person was recommended and approved for
     placement in the impact incarceration program in the court's sentencing order.
    The Department may also consider, among other matters, whether the committed person has any outstanding detainers or warrants, whether the committed person has a history of escaping or absconding, whether participation in the impact incarceration program may pose a risk to the safety or security of any person and whether space is available.
    (c) The impact incarceration program shall include, among other matters, mandatory physical training and labor, military formation and drills, regimented activities, uniformity of dress and appearance, education and counseling, including drug counseling where appropriate.
    (d) Privileges including visitation, commissary, receipt and retention of property and publications and access to television, radio and a library may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
    (e) Committed persons participating in the impact incarceration program shall adhere to all Department rules and all requirements of the program. Committed persons shall be informed of rules of behavior and