reckless homicide ilcs

(l) This amendatory Act shall apply to all persons who have been found not guilty by reason of insanity and who are presently committed to the Department of Mental Health and Developmental Disabilities (now the Department of Human Services). A term of periodic imprisonment shall not be imposed. (b) PERIODIC IMPRISONMENT. Sex offense. However the extension provisions of Public Act 83-1449 apply only to defendants charged with a forcible felony. (d-2) The Illinois Department of State Police shall provide all equipment and instructions necessary for the collection of tissue specimens. (Source: P.A. (D) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention. 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, (e) SUPERVISION; PERIOD. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. Except as otherwise provided, for all misdemeanors: (a) SUPERVISION; ORDER. Reckless homicide is the killing of another person by a reckless act. (3) A term of conditional discharge. (5) The court may sentence a corporation or. Consent of the participant. (d) Storage and use of the Database. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1-187.001 of the Illinois Vehicle Code. convicted was a violation of Section 32-5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the offense was committed in attempting or committing a forcible felony. (h) A woman may be removed from the pilot residential and transition treatment program for women for violation of the terms and conditions of the program or in the event she is unable to participate. Involuntary Manslaughter and Reckless Homicide. Any sworn testimony offered by the victim is subject to the defendant's right to cross-examine. This mandatory X section is the Illinois version of "3 strikes" laws that passed over state legislatures like a heat wave. (d) If an institution or the Department of Corrections certifies to the court that it can administer this Section with respect to persons committed to it under this Article, the clerk of the court shall be relieved of its duties under this Section and they shall be assumed by such institution or the Department. Braiding, and Nail Technology Act of 1985; (4) the Boiler and Pressure Vessel Repairer, (5) the Boxing and Full-contact Martial Arts Act; (6) the Illinois Certified Shorthand Reporters Act of, (7) the Illinois Farm Labor Contractor Certification, (8) the Interior Design Title Act; (9) the Illinois Professional Land Surveyor Act of, (10) the Illinois Landscape Architecture Act of 1989; (11) the Marriage and Family Therapy Licensing Act; (12) the Private Employment Agency Act; (13) the Professional Counselor and Clinical. 5-7-5. deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. A "qualified domestic violence abuser services program" is one which the Department determines is in compliance with protocols for abuser services promulgated by the Department. (b)(i) A certificate of good conduct may not, however, in any way prevent any judicial proceeding, administrative, licensing, or other body, board, or authority from considering the conviction specified in the certificate. 9-3) Sec. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring. (10) (Blank). (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. Before entering an order for commitment for electronic home detention, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following: (A) Securing the written consent of the participant in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4. 96-1200, eff. 1-1-13; 97-1150, eff. 5-8A-8. V Art. ), (730 ILCS 5/5-9-1.13) Sec. This 6 month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2. 7-1-09. 96-290, eff. (d) Upon the expiration or termination of the period of probation or of conditional discharge, the court shall enter an order discharging the offender. The trial court may impose any sentence which could have been imposed at the original trial subject to Section 5-5-4 of the Unified Code of Corrections. 95-1052, eff. (b) PERIODIC IMPRISONMENT. The State's Attorney may proceed on the petition under Section 5-4-1 of this Code. "Sentence" is the disposition imposed by the court on a convicted defendant. 1-25-13; 98-437, eff. The order shall specify whether the evaluation shall be conducted on an inpatient or outpatient basis. 7-1-09. (720 ILCS 5/12-30(a)(2) (West 2010) (Violation of an Order of Protection) mandat es that a defendant have acquired actual knowledge of the order of protection. (Source: P.A. The Court shall enter its findings. (Source: P.A. "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. 1-1-14. The State Treasurer shall deposit $1 for each $40, or fraction thereof, of fine imposed into the LEADS Maintenance Fund. (3) The defendant acted under a strong provocation. the circuit court clerk of the county where the prosecution resulting in the conviction was instituted. since arrest, including his record if released on his own recognizance, or the defendant's achievement record if released on a conditional pre-trial supervision program; (5) when appropriate, a plan, based upon the. "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. (f-6) The Illinois Department of State Police may contract with third parties for the purposes of implementing this amendatory Act of the 93rd General Assembly, except as provided in subsection (n) of this Section. 38, par. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. treatment, counseling, or other treatment programs approved for the participant by the court; (4) attending an educational institution or a program. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. Meanings of Words and Phrases. 7-13-12; 98-65, eff. (Source: P.A. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. 5-9-1.1. Beginning July 1, 2006, 100% of the fines in excess of $10,000 collected for violations of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be deposited into the Child Abuse Prevention Fund that is created in the State Treasury. (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 in the case until the conclusion of the period. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase. Upon appropriation of moneys from the Sexual Assault Services Fund, the Department of Public Health shall make grants of these moneys from the Fund to sexual assault organizations with whom the Department has contracts for the purpose of providing community-based services to victims of sexual assault. (5) The defendant's criminal conduct was induced or. The certificate may be issued (i) at the time sentence is pronounced, in which case it may grant relief from disabilities, or (ii) at any time thereafter, in which case it shall apply only to disabilities. shall be as provided in paragraph (e) of Section 5-4.5-50 (730 ILCS 5/5-4.5-50) for the most serious of the offenses involved. The court shall notify the defendant of a positive test showing an infection with the human immunodeficiency virus (HIV). (Source: P.A. (Source: P.A. 1-25-13; 98-575, eff. The actual period of prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of Corrections and the Illinois Prisoner Review Board. ), (730 ILCS 5/5-4-3.2) Sec. However, other than for felony sex offenders being considered for probation, the court need not order a presentence report of investigation where both parties agree to the imposition of a specific sentence, provided there is a finding made for the record as to the defendant's history of delinquency or criminality, including any previous sentence to a term of probation, periodic imprisonment, conditional discharge, or imprisonment. Except as otherwise provided by Supreme Court Rules, if a court in sentencing an offender levies a gross amount for fine, costs, fees and penalties, the amount of the additional penalty provided for in this Section shall be collected from the amount remaining after deducting from the gross amount levied all fees of the Circuit Clerk, the State's Attorney, and the Sheriff. 720 ILCS 5/9-3 (a) Reckless Homicide Sentence Reckless homicide is a Class 3 Felony. 97-333, eff. (D) "Conditional Release" means: the release from. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. Additional child pornography fines. Drug related offenses. (b) When a person has been adjudged guilty of an offense in violation of Section 11-501 of the Illinois Vehicle Code, in addition to any other disposition, penalty, or fine imposed, a crime laboratory DUI analysis fee of $150 for each offense for which the person was convicted shall be levied by the court for each case in which a laboratory analysis occurred. placement in the pilot residential and transition treatment program for women by the Department of Corrections and has consented in writing to participation in the program under the terms and conditions of the program. (E) A violation of Section 5.1 or 9 of the, (F) A Class 2 or greater felony if the offender. (Source: P.A. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment. 1005-9-1.6) Sec. A closely related charge to manslaughter is reckless homicide, also referred to as vehicular homicide or vehicular manslaughter. (D) "Participant" means an inmate or offender placed into an electronic monitoring program. ), (730 ILCS 5/5-4.5-30) Sec. If an offender is necessarily absent from the institution at mealtime he or she shall, without additional charge, be furnished with a meal to carry to work. Factors in Aggravation and Extended-Term Sentencing. The circuit clerk shall retain 10% of such penalty for deposit into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to cover the costs incurred in administering and enforcing this Section. 7-2-10; 96-1414, eff. 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. 98-558, eff. 1005-1-14) Sec. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. 720 ILCS 5/3-5 - Illinois General Assembly (a-6) A certificate of good conduct may be granted as provided in this Section to an eligible offender as defined in Section 5-5.5-5 of this Code who has demonstrated by clear and convincing evidence that he or she has been a law-abiding citizen and is fully rehabilitated. Whether a person is eligible for entry into the Program is a judicial determination. When a defendant is so employed, the court shall order the Clerk of the Court to send a copy of the judgment of conviction or order of supervision or probation to the defendant's employer by certified mail. 1-1-13; 97-1150, eff. 85-449. (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 have the power to issue a certificate of good conduct to any eligible offender previously convicted of a crime in this State, and shall make a specific finding of rehabilitation with the force and effect of a final judgment on the merits, when the Court is satisfied that: (1) the applicant has conducted himself or herself in. For purposes of this subsection (p), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused. (1) The Council shall consist of the following, (A) the President of the Senate, or his or her, (B) the Minority Leader of the Senate, or his or, (C) the Speaker of the House, or his or her, (D) the Minority Leader of the House, or his or, (E) the Governor, or his or her designee; (F) the Attorney General, or his or her designee; (G) two retired judges, who may have been. For the purposes of this subsection, "custody" includes time spent in home detention. 1-25-13; 98-359, eff. (c) An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of good conduct, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of good conduct. (c) Consecutive terms; permissive. If the Court finds, consistent with the provisions of this Section, that the defendant is in need of mental health services, and no longer in need of inpatient care, it shall order the facility director to release the defendant under such conditions as the Court deems appropriate and as provided by this Section. 97-697, eff. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)). recover restitution in excess of the actual out-of-pocket expenses, losses, damages, or injuries, proximately caused by the conduct of all of the defendants. 95-1052, eff. (Source: P.A. (b) A person charged with or convicted of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic home monitoring detention program, who knowingly violates a condition of the electronic home monitoring detention program is guilty of a Class B misdemeanor. 97-697, eff. (e) The court may order the fine to be paid forthwith or within a specified period of time or in installments. (d) A fine order under subsection (b) of this Section is a judgment lien in favor of the victim unit of local government or school district, the State's Attorney of the county where the violation occurred, the law enforcement agency that investigated the violation, and the circuit court clerk. ), (730 ILCS 5/5-4.5-90) Sec. 5-4.5-95. determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out-of-pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant or another for whom the defendant is legally accountable under the provisions of Article 5 of the Criminal Code of 1961 or the Criminal Code of 2012.
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