730 ILCS 5/5-4.5-20 – First Degree Murder; Sentence
This law explains the prison sentence and rules for someone found guilty of first degree murder in Illinois.
This statute says people convicted of first degree murder must go to prison for many years or life and are not eligible for probation or special programs. It also explains how long the prison term can be and other conditions related to the sentence.
(a) Term: The person must go to prison for a set number of years. The judge can choose between:
- 20 and 60 years, or
- 60 to 100 years for more severe cases, or
- Life in prison with no chance to leave.
(b) Periodic Imprisonment: A person cannot serve this sentence through part-time jail, called periodic imprisonment.
(c) Impact Incarceration: Boot camp or impact incarceration programs cannot be given for this crime.
(d) Probation/Conditional Discharge: Probation or conditional discharge is not allowed. The person must go to prison.
(e) Fine: The court may order the person to pay fines allowed by law.
(f) Restitution: The person may also have to pay back victims for losses, known as restitution.
(g) Concurrent or Consecutive Sentence: The prison time can be served at the same time as another sentence (concurrent) or one after another (consecutive), depending on what the court decides.
(h) Drug Court: Drug court programs are not available for someone convicted of this crime.
(i) Credit for Home Detention: Time spent on home detention before being sentenced does not count toward the prison time.
(j) Sentence Credit: The Department of Corrections controls how sentence credits (for good behavior) are earned.
(k) Electronic Monitoring and Home Detention: Electronic monitoring or home detention is not an option except in rare cases allowed by law.
(l) Parole/Mandatory Supervixed Release: After being released from prison, the person must spend 3 years under supervision, sometimes called parole or mandatory supervised release.
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