Illinois Sentencing

Basic Ranges for Prison Sentences (excluding the firearms add-ons)

  • First-degree murder: 20 – 60 years
  • Class X felony: 6 – 30 years
  • Class 1 felony: 4 – 15 years
  • Class 2 felony: 3 – 7 years
  • Class 3 felony: 2 – 5 years
  • Class 4 felony: 1 – 3 years

Common class X felonies that carry a sentencing range of 6 to 30 years

  • Aggravated kidnapping (720 ILCS 5/10-2)
  • Agg. batt. w/firearm (ordinary victim) (720 ILCS 5/12 4.2(a)(1))
  • Aggravated battery of a child (720 ILCS 5/12-4.3(a))
  • Home invasion (720 ILCS 5/12-11(a)(1), 5/12-11(a)(2))
  • Aggravated criminal sexual assault (720 ILCS 5/12-14)
  • Predatory criminal sexual assault of a child (accused over 17 yrs and victim under 13) (720 ILCS 5/12-14.1(a)(1))
  • Armed robbery (720 ILCS 5/18-2(b))
  • Aggravated vehicular hijacking (720 ILCS 5/18-4(b));
  • Aggravated arson (720 ILCS 5/20-1.1)
  • Poss. w/intent to deliver or delivery of heroin or cocaine (15 – 100 grams)(720 ILCS 570/401(a)(1)(A), 570/401(a)(2)(A))

Class X felonies that carry terms greater than 6 to 30 years

  • Solicitation of murder: 15 – 30 yrs (720 ILCS 5/8-1.1)
  • Solicitation of murder for hire: 20 – 40 yrs (720 ILCS 5/8-1.2)
  • Attempt to commit 1st deg. murder involving a peace officer, correctional officer, or emergency medical technician acting in the course of their duties: 20 – 80 yrs (720 ILCS 5/8-4(c)(1)(A))
  • Heinous battery: 6 – 45 yrs (720 ILCS 5/12-4.2(a)(1))
  • Aggravated battery w/a firearm (peace officer, EMT, or teacher): 15 – 60 yrs (720 ILCS 5/12-4.2(a)(2) through 5/12-4.2(a)(4))
  • Agg. batt. w/a silenced firearm: 12 – 45 yrs (720 ILCS 5/12-4.2-5(a)(1))
  • Aggravated battery with a silenced firearm (peace officer or EMT): 20 – 60 years (720 ILCS 5/12-4.2-5(a)(2), 5/12-4.2-5(a)(3))
  • Agg. discharge of firearm (peace officer, EMT, teacher):10-45 yrs
  • Agg. criminal sexual assault after a conviction for crim. sexual assault and agg. criminal sexual assault or predatory criminal sexual assault of a child: natural life (720 ILCS 5/12-14(d)(2))
  • Predatory crim. sexual assault of child(harm resulting in perm. disability or threatens life): 50 yrs-nat. life (720 ILCS 5/12-14.1)
  • Predatory criminal sexual assault of a child (use of controlled substance): 50 – 60 yrs (720 ILCS 5/12-14.1(a)(3))
  • Predatory criminal sexual assault of a child (more than one victim): natural life (720 ILCS 5/12-14.1(b)(1.2))
  • Predatory criminal sexual assault of a child (prior sexual conviction): natural life (720 ILCS 5/12-14.1(b)(2))
  • armed violence with a Category I weapon: 15 – 30 years
  • armed violence with a Category II weapon: 10 – 30 yrs

Class 1 Felonies that carry the standard range of 4 to 15 years

  • Criminal sexual assault (720 ILCS 5/12-13)
  • Aggravated robbery (720 ILCS 5/18-5)
  • Residential burglary (720 ILCS 5/19-3)
  • Residential arson (720 ILCS 5/20-1.2)
  • Vehicular invasion (720 ILCS 5/12-11.1)
  • Vehicular hijacking (720 ILCS 5/18-3)
  • Burglary in a school or place of worship (720 ILCS 5/19-1(b))
  • Aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(1), 5/24-1.2(a)(2))

Class 1 felonies that carry a range greater than 4 to 15 years

  • 2nd deg. murder:4-20 yrs (720 ILCS 5/9-2;730 ILCS 5/5-4.5-30(a))
  • Crim. sexual assault (force or victim unable to give knowing consent) after a prior similar conviction – treated as Class X: 30-60 yrs (720 ILCS 5/12-13(b)(2))
  • Criminal sexual assault (force or victim unable to give consent) after a prior agg. criminal sexual assault or predatory criminal sexual assault of a child: natural life (720 ILCS 5/12-13(b)(3))
  • Crim. sexual assault (victim under 18 and accused is family or victim 13-18 and accused in position of trust) after a prior similar conviction-treated as Class X: 6 – 30 yrs (720 ILCS 5/12-13(b)(4))

Class 2 Felonies that carry the standard range of 3 to 7 years

  • Aggravated criminal sexual abuse (720 ILCS 5/12-16)
  • Burglary (720 ILCS 5/19-1)
  • Kidnapping (720 ILCS 5/10-1)
  • Aggravated battery of a peace officer (720 ILCS 5/12-4)
  • Aggravated battery of a senior citizen (720 ILCS 5/12-4.6(b)) 

Class 2 Felonies that carry a range greater than 3 to 7 years

  • Reckless homicide where defendant was under the influence of alcohol or any other drug: 3 – 14 yrs (625 ILCS 5/11-501)
  • Reckless homicide in which the defendant was determined to have been under the influence of alcohol or any other drug and kills two or more individuals: 6 – 28 yrs (625 ILCS 5/11-501)
  • Involuntary manslaughter in which the victim was a family or household member: 3 – 14 yrs (720 ILCS 5/9-3(f))

Class 3 felonies that carry the standard range of 2 to 5 years

  • Involuntary manslaughter (720 ILCS 5/9-3(d)(1))
  • Reckless homicide (720 ILCS 5/9-3(d)(2))
  • Aggravated battery (720 ILCS 5/12-4(e))
  • Aggravated stalking (720 ILCS 5/12-7.4)
  • Theft over $300 (720 ILCS 5/16-1(b)(4))

Firearms Add-Ons

  • Fifteen years is added if the crime was committed while “armed with a firearm”
  • Twenty years is added if the defendant during the commission of the crime personally “discharged a firearm”
  • 25 yrs or any term up to natural life is added if during the commission of the crime the defendant “personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.”

The legislature has applied the 15-year, 20-year, 25-year, and life add-ons to the following:

  • attempted first-degree murder (720 ILCS 5/8-4(c)(1)(A) through 5/8-4(c)(1)(C))
  • intentional homicide of an unborn child (720 ILCS 5/9-1.2(d)(2) through 5/9-1.2(d)(4))
  • aggravated kidnapping (720 ILCS 5/10-2(a)(6) through 5/10-2(a)(8), 5/10-2(b))
  • aggravated battery of a child (720 ILCS 5/12-4.3(b))
  • home invasion (720 ILCS 5/12-11(a)(3) through 5/12-11(a)(5))
  • aggravated criminal sexual assault (720 ILCS 5/12-14(a)(8) through 5/12-14(a)(10)) (under §12-14(a)(8) the 15-year enhancement may be unconstitutional under the “identical elements test” as applied in People v. Hauschild.
  • predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1.1), 5/12-14.1(a)(1.2), 5/12-14.1(a)(2)(A))
  • armed robbery (720 ILCS 5/18-2(a)(2) through 5/18-2(a)(4)) (Note that the 15-year addon was held unconstitutional under the “identical elements test” in Hauschild, supra, 871 N.E.2d at 14
  • aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) through 5/18-4(a)(6)) (the 15 year enhancement may be unconstitutional under the “identical elements test” as applied in Hauschild, supra, 871 N.E.2d at 14; and
  • first-degree murder (730 ILCS 5/5-8-1(a)(1)(d))

Probation

“Except where specifically prohibited,” the sentencing court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that:

(1)    his imprisonment or periodic imprisonment is necessary for the protection of the public; or

(2)    probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice. 730 ILCS 5/5-6 1(a)

Prohibited Probations – Probation is not available for any offense that carries a Class X or greater penitentiary range

  • First-degree murder (730 ILCS 5/5-5-3(c)(2)(A))
  • Attempted first-degree murder (730 ILCS 5/5-5-3(c)(2)(B))
  • A Class X felony (730 ILCS 5/5-5-3(c)(2)(C))

The legislature also has prohibited probation for a wide variety of lesser offenses, including:

  • Residential burglary, a Class 1 felony, unless the defendant is sentenced to drug treatment (730 ILCS 5/5-5-3(c)(2)(G))
  • Vehicular hijacking, a Class 1 felony (730 ILCS 5/5-5-3(c)(2)(K))
  • Criminal sexual assault, a Class 1 felony, unless the defendant receives family member probation under 730 ILCS 5/5-5-3(e)
  • Aggravated battery of a senior citizen, a Class 2 felony (730 ILCS 5/5-5-3(c)(2)(I))

Probation is not available for a number of other types of crimes, regardless of class, based on certain findings, including:

  • A transactional drug offense (manufacture, delivery, or poss. w/ intent) involving more than 5gms of cocaine (730 ILCS 5/5-5-3(c)(2)(D))
  • A forcible felony if the offense was related to the activities of an organized gang (730 ILCS 5/5-5-3(c)(2)(J))

Probation is forbidden based on certain forms of recidivism, the most important of which pertains to conviction for a Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within ten years of the date on which the offender committed the offense for which he or she is being sentenced, unless the defendant is sentenced to drug treatment. 730 ILCS 5/5-5-3(c)(2)(F)

 

Consecutive sentences are mandatory when

  • 1 of the offenses was 1st deg murder, a Class X, or a Class 1 felony and defendant inflicted severe bodily injury (730 ILCS 5/5-8-4(d)(1))
  • 1 or more of the offenses was criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child (730 ILCS 5/5-8-4(d)(2))
  • one or more of the offenses was
    • solicitation of murder for hire;
    • armed violence based upon solicitation of murder for hire;
    • heinous battery;
    • aggravated battery of a senior citizen;
    • criminal sexual assault;
    • delivery or possession with intent to deliver a Class X amount of cannabis; or
    • delivery or possession with intent to deliver a Class X amount of a narcotic (730 ILCS 5/5-8-4(d)(3));
    • one of the offenses was committed while the defendant was
      • under sentence in the department of corrections for another offense (730 ILCS 5/5-8-4(d)(6));
      • on bond for another offense (730 ILCS 5/5-8-4(d)(9));
      • in pretrial or posttrial detention for another offense (730 ILCS 5/5-8-4(d)(8)); or
      • Committing a new offense that was an escape or attempted escape (730 ILCS 5/5-8-4(d)(7)).

 

Consecutive sentences are discretionary when

  • one of the offenses for which the defendant was convicted was aggravated false impersonation of a peace officer while attempting or committing a forcible felony; or
  • the trial judge finds that a consecutive term is needed to protect the public. 730 ILCS 5/5-8-4(c)(1)

 

Consecutive sentences are prohibited when the offenses were part of a single course of conduct; and none of the offenses were “triggering” offenses. 730 ILCS 5/5-8-4(a).