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730 ILCS 5/5-4.5-40 : Rights and Remedies — Corrections — Unified Code of Corrections — Chapter V. Sentencing — General Sentencing Provisions —4.5-40 - Class 3 Felonies; Sentence
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as provided in Section 5-8-2 ( 730 ILCS 5/5-8 -2), shall be a term not less than 5 years and not more than 10 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 ( 730 ILCS 5/5-5 -3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 ( 730 ILCS 5/5-8 -1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 ( 730 ILCS 5/5-5 -3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30 months. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 ( 730 ILCS 5/5-6 -3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) ( 730 ILCS 5/5-4 .5-50(b)).
(f) RESTITUTION. See Section 5-5-6 ( 730 ILCS 5/5-5 -6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 ( 730 ILCS 5/5-8 -4) and Section 5-4.5-50 ( 730 ILCS 5/5-4 .5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (
730 ILCS 166/20 ) concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 ( 730 ILCS 5/5-4 .5-100) concerning credit for time spent in home detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code ( 730 ILCS 5/3-6 -3) or the County Jail Good Behavior Allowance Act ( 730 ILCS 130 /) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 ( 730 ILCS 5/5-8A -3) concerning eligibility for electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 ( 730 ILCS 5/3-3 -8 or 5/5-8-1), the parole or mandatory supervised release term shall be one year upon release from imprisonment.
730 ILCS 5/5-4.5-40
Amended by P.A. 100-0431,§ 15, eff. 8/25/2017.
Amended by P.A. 097-0697,§ 5, eff. 6/22/2012.
Added by P.A. 095-1052,§ 5, eff. 7/1/2009.
