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(730 ILCS 5/5-5-6)
(from chap. 38, para. 1005-5-6)
Any conviction for violations of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 11-501 of the Illinois Vehicle Code in which the person sustained bodily harm or damage to his or her real estate or personal property as a result of the defendant's offense shall order the court the refund pursuant to this section. In all other cases, except where restitution is required under this section, the court must determine at sentencing whether restitution is an appropriate penalty that may be imposed on any defendant convicted of a criminal offense. If the court finds that an order directing the offender to redress is appropriate, the offender may be ordered to redress. The court may consider redress to be an appropriate punishment, in addition to imprisonment, imposed on any defendant convicted of a criminal offence. The fact that the accused has been sentenced to imprisonment does not constitute an attenuating circumstance preventing the court from ordering the accused to pay compensation. If the offender is sentenced to restitution, the court will decide on restitution as follows:
(a) At the sentencing hearing, the court decides
determine whether the property can be returned to the owner or beneficial owner in kind; or whether the defendant has sufficient skills to repair and restore damaged property; or whether cash reimbursement should be sought from the defendant for out-of-pocket expenses, damage, loss or injury proven to be directly caused by the conduct of the defendant or of any other person for which the defendant is liable under the statutory provisions of Article 5 of the Criminal Code of 1961 or the Penal Code of 2012.
(b) When determining the refund amount to be paid
Cash credit is granted by the court for property returned in kind, for defendant-ordered repair of property damage, and for defendant-ordered restoration of property; and after being credited, the court will assess actual expenses, losses, damages and injuries suffered by the victim named in the charge and any other victims who may also have suffered expenses, losses, damages and injuries directly caused by the same criminal conduct by the accused, and insurance carriers who have compensated the named victim or other victims for the expense, loss, damage or injury, provided that in no case is there an order for personal injury compensation. When a victim's expenses have been paid under the Crime Victims Compensation Act, the court orders reimbursement to the compensation program. If an accused of domestic violence is placed under supervision or convicted of domestic violence, the accused is required to pay compensation to any domestic violence shelter where the victim and other family or household members lived because of the domestic violence. The amount of reimbursement will reflect the actual cost of the domestic violence shelter in providing housing and other services to the victim and any other family or household members living in the shelter. If a defendant fails to make restitution in the manner specified by the court or within the time specified by the court, the court may issue an order directing the sheriff to seize a defendant's real estate or personal property to the extent required by the court Fulfillment of the restitution order requires real estate to be sold by public sale. Any proceeds from such sale in excess of the recoverable amount plus court costs and the sheriff's expenses in conducting the sale shall be payable to the defendant. The defendant convicted of domestic violence, if a person under the age of 18 was present and witnessed the victim's domestic violence, is liable, at the court's discretion, to reimburse the cost of the counseling required for the child.
(c) In cases where there is more than one defendant
If each defendant is responsible for the same criminal conduct resulting in expense, loss, damage, or injury, each defendant shall be ordered to pay compensation equal to the victim's entire actual expense, loss, damage, or injury directly caused by the conduct of all the defendants legally responsible for the offence.
(1) The claim of the victim does not exist in any case
seek reimbursement in excess of actual expenses, losses, damages or injuries directly caused by the conduct of all defendants.
(2) In the relationship between the defendants, the court may
apportion the compensation to be paid in proportion to each co-defendant's culpability in committing the offence.
(3) In the absence of a special arrangement
In the apportionment of the recovery, each defendant will bear its prorated share of the recovery.
(4) As between the defendants, each defendant
is entitled to a pro rata reduction in the total recovery payable to the victim for the recovery amounts actually paid by the co-defendants, and defendants who have paid more than their pro rata share are entitled to a calculation of the recovery from the court due to additional amounts paid by the co-defendants be paid.
(d) In cases where a defendant has more than one
In one or more cases, a criminal charge is pending against him and the defendant is convicted of one or more charges. A settlement agreement negotiated between the prosecutor and the defendants may require the defendant to pay compensation to the victims of those charges were dismissed or are to be dismissed under the terms of the settlement agreement, and pursuant to the agreement the court may impose a compensatory penalty on the charge or charges , for which the defendant was convicted, which would oblige the defendant to pay compensation to victims of other crimes, as provided for in the appeal agreement.
(e) The court may require the defendant to apply the
Balance of the cash deposit, after paying the court costs and any fine imposed, to pay the refund.
(f) Taking into account the capabilities of the
Defendants for payment to the Defendant, including any immovable or personal property or other property of the Defendant, the court shall determine whether the recovery shall be made in a single payment or in instalments, and shall set a time limit of no more than five years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code 1961 or the Criminal Code 2012 or the period referred to in subsection (f-1), excluding periods of imprisonment within which payment of compensation shall be paid in full. The full refund will be made in the shortest possible time. However, if the court deems it necessary and in the best interests of the victim, the court may extend the period within which compensation is to be paid beyond five years. If the defendant is ordered to pay compensation and the court orders that the compensation be paid over a period of more than six months, the court will order the defendant to make monthly payments; The court can only waive this requirement for monthly payments if there is a specific good reason for the waiver.
(f-1)(1) In addition to any other prescribed penalties
Subject to statute and a reimbursement ordered under this Section that does not include long-term physical health care expenses, the court, upon conviction of a misdemeanor or felony, may order a defendant to pay compensation to a victim in accordance with the provisions of this Subsection (f-1 ) if the victim has suffered physical harm as a result of the crime which with reasonable probability requires or has caused the need for long-term physical health care for more than three months. As used in this subsection (f-1), “long-term physical health care” also includes mental health care.
(2) The victim's assessment of long-term physical stress
Medical expenses may be collected as part of a Victim Impact Statement under Section 6 of the Crime Victims and Witnesses Rights Act or separately. The court issues the long-term physical health care reimbursement order at the time of sentencing. A restitution order issued pursuant to this subsection (f-1) shall establish a monthly amount to be paid by the defendant for as long as the crime requires long-term physical health care for the victim. The order may exceed the duration of a sentence imposed on the accused for criminal activity. As a special finding, the court must include in the sentencing verdict the determination of the monthly cost of long-term physical health care.
(3) After the issuance of a sentence, the
The court may from time to time, at the request of the defendant or the victim or of its own motion, issue a long-term physical care reimbursement order, or amend the existing long-term physical care reimbursement order to the amount of the monthly payments. Any change in the order may be based only on a material change in circumstances related to the cost of long-term physical health care or the financial condition of the accused or the victim. The application must be submitted as part of the original criminal record.
(g) In addition to the rates provided for in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 and 12-16 and subsection (a)(4) of section 11-14.4 of the 1961 Criminal Code or the 2012 Criminal Code, the court may order any person convicted of a breach of these sections or who of any has been charged with any of these offenses and whose charge has been reduced to another charge pursuant to a plea agreement under subsection (d) of this section in order to comply with all or a portion of the financial obligations of treatment, including but not limited to medical, psychiatric or rehabilitating treatment or psychological counseling prescribed to the crime victim or victims.
The payments are to be made by the defendant to the
court clerk and forwarded by the court clerk to the appropriate person or authority as directed by the court. Except as provided in subsection (f-1), the order may require that such payments be made for a period not exceeding five years after conviction, not counting periods of incarceration.
(h) The judge may issue a retention order
collect the refund amount due in accordance with Article XII Part 8 of the Code of Civil Procedure.
(i) A refund rate is subject to change or
is revoked by the court if the offender commits another offense or the offender fails to make reparations ordered by the court. However, a reparation sentence will not be vacated unless the court finds that the offender was financially able to make reparation. and he has deliberately refused to do so. If the offender's ability to make a restitution was determined at the time a restitution order was made or amended, or if the offender's ability to pay was based on the offender's willingness to provide restitution under a plea agreement made at the time the order was made when requesting a refund or modified, there is a rebuttable presumption that the facts and circumstances considered by the court at the hearing at which the restitution order was entered or modified as to the offender's ability or willingness to pay a restitution were not materially different have changed. If the court finds that the defendant failed to make a refund and that this omission was not intentional, the court may set an additional time limit for the refund. The period of grace may not exceed 2 years. The court retains all occurrences of the original penalty, including the power to vary or add to the terms and vacate or further modify the penalty if the payment terms are breached during the grace period.
(j) The process of filing a petition
The same procedures for revoking a penalty for redress apply as set out in Section 5-6-4 of this Code for violations, changes or revocations of probation, parole or supervision.
(k) Nothing in this Section precludes this
the right of either party to bring a civil action to recover damages incurred as a result of the defendant's criminal misconduct.
(l) No refund ordered under this section will be made
subject to payment by the county officer under the Criminal and Traffic Assessment Act.
(m) A refund order under this section is a
Lien in favor of the victim who:
(1) Belongs to the property of the person
(2) Can be perfected in the same way as
provided for in Part 3 of Article 9 of the Uniform Commercial Code;
(3) May be enforced to settle any payment
defaults in accordance with the restitution order of the person on whose behalf the order was made or the person's agent; And
(4) Expires in the same manner as a lien
created in a civil proceeding.
If a refund order is issued on this basis
Section: The issuing court sends a certified copy of the order to the clerk of the district court where the charge was filed. Upon receipt of the order, the court clerk enters and indexes the order in the district court's judgment file.
(n) A refund order under this section applies
A civil action is not excluded for:
(1) Damages not sought by the court
Person who is obligated to pay the victim under the restitution order but has suffered injury or property damage that forms the basis of the court-ordered restitution; And
(2) Other damage suffered by the victim.
The reparation decision does not expire once the sentence imposed for the offense has been served.
A restitution order under this Section shall not be waived by the liquidation of a person's estate by a trustee. A restitution order under this Section may be enforced in the same manner as liens under Article XII of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil Procedure providing for interest on judgments shall apply to judgments of restitution rendered pursuant to that section.
(Source: P.A. 100-987, valid 7-1-19; 101-81, valid 7-12-19.)