What are the penalties in Illinois for driving on a suspended or revoked license?.

How soon can I file a petition to rescind statutory summary suspension for an Illinois DUI?.

New Illinois law makes speeding 26 mph over the limit a crime.

What are the penalties in Illinois for speeding in a school zone?.

I have a CDL and got a traffic ticket.

What are the penalties provided by Illinois law?

I got a ticket for passing a stopped school bus.

I got a DUI and it is my third offense.

This seldom happens, but in sex offenses, it is often likely.

It should be noted that even if the court sentenced the defendant to prison, the judge can make the defendant serve a term of probation after their release from the penitentiary. As a practical matter, extended term sentencing is rare, but it does happen. Only when the defendant is extendable can the court exceed 3 years.

For example, Class 4 felonies have a sentencing range of 1 to 3 years. The term of years in the penitentiary is dependent on the offense. Prison sentencingĪny sentence of prison would be served in the state penitentiary. The court is not authorized under the law to send offenders to probation for a sex offense without these conditions being met.

Illinois law requires that if a person is found guilty of sex offense, in order to receive probation, they must undergo a sex offender evaluation and consent to treatment. But this new program is unavailable to offenders serving a sentence of life in prison. Offenders with eligible sentences must complete various requirements – through educational, life skills, re-entry planning, and other programs – to earn these additional credits. See 730 ILCS 130/3.Īfter Public Act 101-440 became effective on January 1, 2020, eligible offenders serving a prison sentence may earn a supplemental amount of 45 to 90 days in good behavior credit. This means that whatever number is on paper (e.g., the sentencing order), the defendant can serve only 50 percent of that time. This law provides that, in all jail sentences, the defendant can receive good time credit. Also, any jail sentence is governed by the County Jail Good Behavior Allowance Act (730 ILCS 130/1 et seq). It should be noted that the defendant is entitled to receive credit for every day in custody prior to the finding of guilt. For example, the judge is allowed to sentence the defendant to jail and probation at the same time. There are additional rules concerning felony probation that should be considered. On lesser Illinois felony classes, such as Class 3 and Class 4 felonies, the court may sentence the defendant to a term of probation of 2 and 1/2 years (30 months). Class X felonies are nonprobationable, which eliminates conditional discharge or probation for this class of felony. On Class 1 and Class 2 felony offenses the judge is authorized to sentence the defendant to a term of probation of up to four years. Generally, the following rules apply to sentencing: Probation for a felony offense can last for years. Intensive probation requires more frequent reporting to a probation officer, more counseling and treatment, and more frequent drug testing. As the term suggests, intensive probation is much more onerous than ordinary probation. Illinois statutes allow the judge to sentence the defendant to intensive probation as well. The defendant would be monitored under a sentence of conditional discharge or probation. In most felony cases, the judge has discretion to sentence the defendant to prison, period imprisonment (such as work release), county jail, or some type of monitored sentence. Rather, the law requires that the judge must sentence the defendant to a conviction combined with some other terms. The principal rule in regards to felony sentencing in the Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. After an effective date of January 1, 2020, certain inmates with eligible convictions may earn additional time off their sentence by completing specific program requirements. NOTE: This article features updated content to explain the impact of Public Act 101-440.

Illinois felony conviction records