730 ILCS 5/5-8-1 – Sentence of Imprisonment for Felony

730 ILCS 5/5-8-1 – Sentence of Imprisonment for Felony

This law tells judges how long to put people in prison for serious crimes like murder and adds extra time for using guns. It also sets how long people stay watched after getting out of prison.

Judges set exact years in prison for felonies. For first-degree murder that is extra cruel or in listed bad situations, life without parole is possible or required. Guns add 15, 20, or 25 years or life, and supervision times vary by crime type.

(a) Prison Sentences for Felonies: Except for rules in the crime law or other parts, felony prison time is set by the judge with these limits.

• (1) for first degree murder
  • (a) (blank).
  • (b) If the jury finds beyond doubt the murder was exceptionally brutal or heinous with wanton cruelty, or bad factors in (b-5) are there, the court may sentence to natural life prison.
  • (b-5) A grown-up (18+) guilty of first-degree murder gets natural life if:
    1. The victim was a jail inmate killed on jail grounds.
    2. The victim was killed by hijacking a plane, train, ship, bus, or public ride.
    3. The killer did it for money or pay, or hired someone for money.
    4. The victim was killed during another felony where:
       1. The victim was:
          1. Killed by the defendant, or
          2. Hurt bad by defendant at same time as others he is responsible for, and that caused death;

          And

       2. The defendant meant to kill or knew acts could cause death or big harm; and
       3. The other felony was a very violent crime like armed robbery, aggravated sex assault, home invasion.
    5. The killer murdered to stop victim from testifying, helping police, or because victim was a witness, judge, lawyer, etc.
    6. The killer murdered while doing big drug crimes or planning them.
    7. The killer was in jail and murdered while doing a felony or planning one.
    8. The murder was cold, planned ahead to kill.
    9. The killer was top boss of drug gang and ordered the murder.
    10. The murder used torture: extreme pain to make victim suffer more.
    11. The killer shot from a car at someone not in the car.
    12. The victim had a disability, and the killer knew or should have known.
    13. The victim had protection order against the killer.
    14. The victim was teacher or school worker on school grounds.
    15. The murder tied to terrorism.
    16. The victim was at church praying.
    17. 1. The victim was doctor, nurse, or other medical worker;
        2. The killer knew; and
        3. The victim was killed for their job, to stop them froim doing their job, or as revenge for doing their job.
  • (c) Court must give natural life if the defendant is 18+ and:
    1. Previously convicted of murder; or
    2. Murdered more than one victim; or
    3. Murdered peace officer, fireman, or emergency worker on duty, and knew or should have known who they were; or
    4. Murdered jail worker on duty; or
    5. Murdered medic or ambulance worker on duty, knew; or
    6. (blank); or
    7. Murdered because of community policing volunteer work.

          For point (1)(c)(v) above, the definitions for emergency medical workers are the same as they are in the Emergency Medical Services (EMS) Systems Act.

  • (d)
    1. If the killer had firearm: add 15 years.
    2. If the killer personally shot firearm: add 20 years.
    3. If the shot caused major harm, disability, scarring, or death: add 25 years or up to life.
• (2) (blank).
• (2.5) Grown-ups (18+) convicted of certain child sex crimes get natural life prison.

(b) (Blank).

(c) (Blank).

(d) Supervised Release Terms: After prison, supervision time is set, can end early sometimes.

• (1) Murder or sex assaults committed on or before December 12, 2005: 3 years.
• (1.5) Class X felonies (except for more recent sex ones or child pics): 18 months.
• (2) Class 1 or 2 felonies (except for some sex crimes): 12 months.
• (3) Class 3 or 4 felonies: 6 months, with review after 45 days.
• (4) Sex crimes committed after December 13, 2005, or giving out child abuse material after January 1, 2009: 3 years to life.
• (5) Second felony sex abuse on kid under 18: 4 years, first 2 on monitor.
• (6) Felony domestic battery, stalking, protection violation: 4 years.
• (7) For 85% serve felonies:
  1. Class X: 3 years.
  2. Class 1/2: 2 years.
  3. Class 3/4: 1 year.

(e) (Blank).

(f) (Blank).

(g) Regarding this act:

1. Paragraph (d)(3) is effective on July 1, 2022.
2. Paragraphs (d)(1.5) and (d)(2) are effective on July 1, 2021.

View the full statute here.

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