104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-5 from Ch. 38, par. 110-5730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement. LRB104 12421 RLC 22707 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-5 from Ch. 38, par. 110-5730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement. LRB104 12421 RLC 22707 b LRB104 12421 RLC 22707 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-5 from Ch. 38, par. 110-5730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
725 ILCS 5/110-5 from Ch. 38, par. 110-5
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.
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A BILL FOR
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HB4006 LRB104 12421 RLC 22707 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 110-5 as follows:
6 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
7 Sec. 110-5. Determining the amount of bail and conditions
8 of release.
9 (a) In determining which conditions of pretrial release,
10 if any, will reasonably ensure the appearance of a defendant
11 as required or the safety of any other person or the community
12 and the likelihood of compliance by the defendant with all the
13 conditions of pretrial release, the court shall, on the basis
14 of available information, take into account such matters as:
15 (1) the nature and circumstances of the offense
16 charged;
17 (2) the weight of the evidence against the defendant,
18 except that the court may consider the admissibility of
19 any evidence sought to be excluded;
20 (3) the history and characteristics of the defendant,
21 including:
22 (A) the defendant's character, physical and mental
23 condition, family ties, employment, financial
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4006 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-5 from Ch. 38, par. 110-5730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 725 ILCS 5/110-5 from Ch. 38, par. 110-5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
725 ILCS 5/110-5 from Ch. 38, par. 110-5
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
Amends the Code of Criminal Procedure of 1963. Restores the provisions concerning consecutive sentencing prior to the effective date of Public Act 102-1104. Deletes provisions that a defendant shall be given custodial credit for each day he or she was subjected to home confinement. Deletes provisions that the court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.
LRB104 12421 RLC 22707 b LRB104 12421 RLC 22707 b
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A BILL FOR
725 ILCS 5/110-5 from Ch. 38, par. 110-5
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
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1 resources, length of residence in the community,
2 community ties, past relating to drug or alcohol
3 abuse, conduct, history criminal history, and record
4 concerning appearance at court proceedings; and
5 (B) whether, at the time of the current offense or
6 arrest, the defendant was on probation, parole, or on
7 other release pending trial, sentencing, appeal, or
8 completion of sentence for an offense under federal
9 law, or the law of this or any other state;
10 (4) the nature and seriousness of the real and present
11 threat to the safety of any person or persons or the
12 community, based on the specific articulable facts of the
13 case, that would be posed by the defendant's release, if
14 applicable, as required under paragraph (7.5) of Section 4
15 of the Rights of Crime Victims and Witnesses Act;
16 (5) the nature and seriousness of the risk of
17 obstructing or attempting to obstruct the criminal justice
18 process that would be posed by the defendant's release, if
19 applicable;
20 (6) when a person is charged with a violation of a
21 protective order, domestic battery, aggravated domestic
22 battery, kidnapping, aggravated kidnaping, unlawful
23 restraint, aggravated unlawful restraint, cyberstalking,
24 harassment by telephone, harassment through electronic
25 communications, or an attempt to commit first degree
26 murder committed against a spouse or a current or former
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1 partner in a cohabitation or dating relationship,
2 regardless of whether an order of protection has been
3 issued against the person, the court may consider the
4 following additional factors:
5 (A) whether the alleged incident involved
6 harassment or abuse, as defined in the Illinois
7 Domestic Violence Act of 1986;
8 (B) whether the person has a history of domestic
9 violence, as defined in the Illinois Domestic Violence
10 Act of 1986, or a history of other criminal acts;
11 (C) the mental health of the person;
12 (D) whether the person has a history of violating
13 the orders of any court or governmental entity;
14 (E) whether the person has been, or is,
15 potentially a threat to any other person;
16 (F) whether the person has access to deadly
17 weapons or a history of using deadly weapons;
18 (G) whether the person has a history of abusing
19 alcohol or any controlled substance;
20 (H) the severity of the alleged incident that is
21 the basis of the alleged offense, including, but not
22 limited to, the duration of the current incident, and
23 whether the alleged incident involved the use of a
24 weapon, physical injury, sexual assault,
25 strangulation, abuse during the alleged victim's
26 pregnancy, abuse of pets, or forcible entry to gain
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1 access to the alleged victim;
2 (I) whether a separation of the person from the
3 victim of abuse or a termination of the relationship
4 between the person and the victim of abuse has
5 recently occurred or is pending;
6 (J) whether the person has exhibited obsessive or
7 controlling behaviors toward the victim of abuse,
8 including, but not limited to, stalking, surveillance,
9 or isolation of the victim of abuse or the victim's
10 family member or members;
11 (K) whether the person has expressed suicidal or
12 homicidal ideations; and
13 (L) any other factors deemed by the court to have a
14 reasonable bearing upon the defendant's propensity or
15 reputation for violent, abusive, or assaultive
16 behavior, or lack of that behavior.
17 (7) in cases of stalking or aggravated stalking under
18 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
19 court may consider the factors listed in paragraph (6) and
20 the following additional factors:
21 (A) any evidence of the defendant's prior criminal
22 history indicative of violent, abusive or assaultive
23 behavior, or lack of that behavior; the evidence may
24 include testimony or documents received in juvenile
25 proceedings, criminal, quasi-criminal, civil
26 commitment, domestic relations, or other proceedings;
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1 (B) any evidence of the defendant's psychological,
2 psychiatric, or other similar social history that
3 tends to indicate a violent, abusive, or assaultive
4 nature, or lack of any such history;
5 (C) the nature of the threat that is the basis of
6 the charge against the defendant;
7 (D) any statements made by, or attributed to, the
8 defendant, together with the circumstances surrounding
9 them;
10 (E) the age and physical condition of any person
11 allegedly assaulted by the defendant;
12 (F) whether the defendant is known to possess or
13 have access to any weapon or weapons; and
14 (G) any other factors deemed by the court to have a
15 reasonable bearing upon the defendant's propensity or
16 reputation for violent, abusive, or assaultive
17 behavior, or lack of that behavior.
18 (b) The court may use a regularly validated risk
19 assessment tool to aid its determination of appropriate
20 conditions of release as provided under Section 110-6.4. If a
21 risk assessment tool is used, the defendant's counsel shall be
22 provided with the information and scoring system of the risk
23 assessment tool used to arrive at the determination. The
24 defendant retains the right to challenge the validity of a
25 risk assessment tool used by the court and to present evidence
26 relevant to the defendant's challenge.
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1 (c) The court shall impose any conditions that are
2 mandatory under subsection (a) of Section 110-10. The court
3 may impose any conditions that are permissible under
4 subsection (b) of Section 110-10. The conditions of release
5 imposed shall be the least restrictive conditions or
6 combination of conditions necessary to reasonably ensure the
7 appearance of the defendant as required or the safety of any
8 other person or persons or the community.
9 (d) When a person is charged with a violation of a
10 protective order, the court may order the defendant placed
11 under electronic surveillance as a condition of pretrial
12 release, as provided in Section 5-8A-7 of the Unified Code of
13 Corrections, based on the information collected under
14 paragraph (6) of subsection (a) of this Section, the results
15 of any assessment conducted, or other circumstances of the
16 violation.
17 (e) If a person remains in pretrial detention 48 hours
18 after having been ordered released with pretrial conditions,
19 the court shall hold a hearing to determine the reason for
20 continued detention. If the reason for continued detention is
21 due to the unavailability or the defendant's ineligibility for
22 one or more pretrial conditions previously ordered by the
23 court or directed by a pretrial services agency, the court
24 shall reopen the conditions of release hearing to determine
25 what available pretrial conditions exist that will reasonably
26 ensure the appearance of a defendant as required, the safety
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1 of any other person, and the likelihood of compliance by the
2 defendant with all the conditions of pretrial release. The
3 inability of the defendant to pay for a condition of release or
4 any other ineligibility for a condition of pretrial release
5 shall not be used as a justification for the pretrial
6 detention of that defendant.
7 (f) Prior to the defendant's first appearance, and with
8 sufficient time for meaningful attorney-client contact to
9 gather information in order to advocate effectively for the
10 defendant's pretrial release, the court shall appoint the
11 public defender or a licensed attorney at law of this State to
12 represent the defendant for purposes of that hearing, unless
13 the defendant has obtained licensed counsel. Defense counsel
14 shall have access to the same documentary information relied
15 upon by the prosecution and presented to the court.
16 (f-5) At each subsequent appearance of the defendant
17 before the court, the judge must find that the current
18 conditions imposed are necessary to reasonably ensure the
19 appearance of the defendant as required, the safety of any
20 other person, and the compliance of the defendant with all the
21 conditions of pretrial release. The court is not required to
22 be presented with new information or a change in circumstance
23 to remove pretrial conditions.
24 (g) Electronic monitoring, GPS monitoring, or home
25 confinement can only be imposed as a condition of pretrial
26 release if a no less restrictive condition of release or
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1 combination of less restrictive condition of release would
2 reasonably ensure the appearance of the defendant for later
3 hearings or protect an identifiable person or persons from
4 imminent threat of serious physical harm.
5 (h) If the court imposes electronic monitoring, GPS
6 monitoring, or home confinement, the court shall set forth in
7 the record the basis for its finding. A defendant shall be
8 given custodial credit for each day he or she was subjected to
9 home confinement, at the same rate described in subsection (b)
10 of Section 5-4.5-100 of the Unified Code of Corrections. The
11 court may give custodial credit to a defendant for each day the
12 defendant was subjected to GPS monitoring without home
13 confinement or electronic monitoring without home confinement.
14 (i) If electronic monitoring, GPS monitoring, or home
15 confinement is imposed, the court shall determine every 60
16 days if no less restrictive condition of release or
17 combination of less restrictive conditions of release would
18 reasonably ensure the appearance, or continued appearance, of
19 the defendant for later hearings or protect an identifiable
20 person or persons from imminent threat of serious physical
21 harm. If the court finds that there are less restrictive
22 conditions of release, the court shall order that the
23 condition be removed. This subsection takes effect January 1,
24 2022.
25 (j) Crime Victims shall be given notice by the State's
26 Attorney's office of this hearing as required in paragraph (1)
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1 of subsection (b) of Section 4.5 of the Rights of Crime Victims
2 and Witnesses Act and shall be informed of their opportunity
3 at this hearing to obtain a protective order.
4 (k) The State and defendants may appeal court orders
5 imposing conditions of pretrial release.
6 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
7 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
8 1-1-23.)
9 Section 10. The Unified Code of Corrections is amended by
10 changing Section 5-8-4 as follows:
11 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
12 Sec. 5-8-4. Concurrent and consecutive terms of
13 imprisonment.
14 (a) Concurrent terms; multiple or additional sentences.
15 When an Illinois court (i) imposes multiple sentences of
16 imprisonment on a defendant at the same time or (ii) imposes a
17 sentence of imprisonment on a defendant who is already subject
18 to a sentence of imprisonment imposed by an Illinois court, a
19 court of another state, or a federal court, then the sentences
20 shall run concurrently unless otherwise determined by the
21 Illinois court under this Section.
22 (b) Concurrent terms; misdemeanor and felony. A defendant
23 serving a sentence for a misdemeanor who is convicted of a
24 felony and sentenced to imprisonment shall be transferred to
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1 the Department of Corrections, and the misdemeanor sentence
2 shall be merged in and run concurrently with the felony
3 sentence.
4 (c) Consecutive terms; permissive. The court may impose
5 consecutive sentences in any of the following circumstances:
6 (1) If, having regard to the nature and circumstances
7 of the offense and the history and character of the
8 defendant, it is the opinion of the court that consecutive
9 sentences are required to protect the public from further
10 criminal conduct by the defendant, the basis for which the
11 court shall set forth in the record.
12 (2) If one of the offenses for which a defendant was
13 convicted was a violation of Section 32-5.2 (aggravated
14 false personation of a peace officer) of the Criminal Code
15 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
16 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
17 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
18 offense was committed in attempting or committing a
19 forcible felony.
20 (3) (Blank). If a person charged with a felony commits
21 a separate felony while on pretrial release or in pretrial
22 detention in a county jail facility or county detention
23 facility, then the sentences imposed upon conviction of
24 these felonies may be served consecutively regardless of
25 the order in which the judgments of conviction are
26 entered.
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1 (4) (Blank). If a person commits a battery against a
2 county correctional officer or sheriff's employee while
3 serving a sentence or in pretrial detention in a county
4 jail facility, then the sentence imposed upon conviction
5 of the battery may be served consecutively with the
6 sentence imposed upon conviction of the earlier
7 misdemeanor or felony, regardless of the order in which
8 the judgments of conviction are entered.
9 (5) (Blank). If a person admitted to pretrial release
10 following conviction of a felony commits a separate felony
11 while released pretrial or if a person detained in a
12 county jail facility or county detention facility
13 following conviction of a felony commits a separate felony
14 while in detention, then any sentence following conviction
15 of the separate felony may be consecutive to that of the
16 original sentence for which the defendant was released
17 pretrial or detained.
18 (6) (Blank). If a person is found to be in possession
19 of an item of contraband, as defined in Section 31A-0.1 of
20 the Criminal Code of 2012, while serving a sentence in a
21 county jail or while in pretrial detention in a county
22 jail, the sentence imposed upon conviction for the offense
23 of possessing contraband in a penal institution may be
24 served consecutively to the sentence imposed for the
25 offense for which the person is serving a sentence in the
26 county jail or while in pretrial detention, regardless of
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1 the order in which the judgments of conviction are
2 entered.
3 (7) (Blank). If a person is sentenced for a violation
4 of a condition of pretrial release under Section 32-10 of
5 the Criminal Code of 1961 or the Criminal Code of 2012, any
6 sentence imposed for that violation may be served
7 consecutive to the sentence imposed for the charge for
8 which pretrial release had been granted and with respect
9 to which the defendant has been convicted.
10 (8.1) If a person charged with a felony commits a
11 separate felony while on pretrial release or in pretrial
12 detention in a county jail facility or county detention
13 facility, then the sentences imposed upon conviction of
14 these felonies shall be served consecutively regardless of
15 the order in which the judgments of conviction are
16 entered.
17 (8.2) If a person commits a battery against a county
18 correctional officer or sheriff's employee while serving a
19 sentence or in pretrial detention in a county jail
20 facility, then the sentence imposed upon conviction of the
21 battery shall be served consecutively with the sentence
22 imposed upon conviction of the earlier misdemeanor or
23 felony, regardless of the order in which the judgments of
24 conviction are entered.
25 (9.1) If a person admitted to bail following
26 conviction of a felony commits a separate felony while
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1 free on bond or if a person detained in a county jail
2 facility or county detention facility following conviction
3 of a felony commits a separate felony while in detention,
4 then any sentence following conviction of the separate
5 felony shall be consecutive to that of the original
6 sentence for which the defendant was on bond or detained.
7 (10.1) If a person is found to be in possession of an
8 item of contraband, as defined in Section 31A-0.1 of the
9 Criminal Code of 2012, while serving a sentence in a
10 county jail or while in pre-trial detention in a county
11 jail, the sentence imposed upon conviction for the offense
12 of possessing contraband in a penal institution shall be
13 served consecutively to the sentence imposed for the
14 offense in which the person is serving sentence in the
15 county jail or serving pretrial detention, regardless of
16 the order in which the judgments of conviction are
17 entered.
18 (11.1) If a person is sentenced for a violation of
19 bail bond under Section 32-10 of the Criminal Code of 1961
20 or the Criminal Code of 2012, any sentence imposed for
21 that violation shall be served consecutive to the sentence
22 imposed for the charge for which bail had been granted and
23 with respect to which the defendant has been convicted.
24 (d) Consecutive terms; mandatory. The court shall impose
25 consecutive sentences in each of the following circumstances:
26 (1) One of the offenses for which the defendant was
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1 convicted was first degree murder or a Class X or Class 1
2 felony and the defendant inflicted severe bodily injury.
3 (2) The defendant was convicted of a violation of
4 Section 11-1.20 or 12-13 (criminal sexual assault),
5 11-1.30 or 12-14 (aggravated criminal sexual assault), or
6 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
7 child) of the Criminal Code of 1961 or the Criminal Code of
8 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
9 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
10 5/12-14.1).
11 (2.5) The defendant was convicted of a violation of
12 paragraph (1), (2), (3), (4), (5), or (7) of subsection
13 (a) of Section 11-20.1 (child pornography) or of paragraph
14 (1), (2), (3), (4), (5), or (7) of subsection (a) of
15 Section 11-20.1B or 11-20.3 (aggravated child pornography)
16 of the Criminal Code of 1961 or the Criminal Code of 2012;
17 or the defendant was convicted of a violation of paragraph
18 (6) of subsection (a) of Section 11-20.1 (child
19 pornography) or of paragraph (6) of subsection (a) of
20 Section 11-20.1B or 11-20.3 (aggravated child pornography)
21 of the Criminal Code of 1961 or the Criminal Code of 2012,
22 when the child depicted is under the age of 13.
23 (2.6) The defendant was convicted of:
24 (A) a violation of paragraph (2) of subsection (b)
25 of Section 11-20.4 of the Criminal Code of 2012; or
26 (B) a violation of paragraph (1) of Section
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1 11-20.4 of the Criminal Code of 2012 when the
2 purported child depicted is under the age of 13.
3 (3) The defendant was convicted of armed violence
4 based upon the predicate offense of any of the following:
5 solicitation of murder, solicitation of murder for hire,
6 heinous battery as described in Section 12-4.1 or
7 subdivision (a)(2) of Section 12-3.05, aggravated battery
8 of a senior citizen as described in Section 12-4.6 or
9 subdivision (a)(4) of Section 12-3.05, criminal sexual
10 assault, a violation of subsection (g) of Section 5 of the
11 Cannabis Control Act (720 ILCS 550/5), cannabis
12 trafficking, a violation of subsection (a) of Section 401
13 of the Illinois Controlled Substances Act (720 ILCS
14 570/401), controlled substance trafficking involving a
15 Class X felony amount of controlled substance under
16 Section 401 of the Illinois Controlled Substances Act (720
17 ILCS 570/401), a violation of the Methamphetamine Control
18 and Community Protection Act (720 ILCS 646/), calculated
19 criminal drug conspiracy, or streetgang criminal drug
20 conspiracy.
21 (4) The defendant was convicted of the offense of
22 leaving the scene of a motor vehicle crash involving death
23 or personal injuries under Section 11-401 of the Illinois
24 Vehicle Code (625 ILCS 5/11-401) and either: (A)
25 aggravated driving under the influence of alcohol, other
26 drug or drugs, or intoxicating compound or compounds, or
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1 any combination thereof under Section 11-501 of the
2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
3 homicide under Section 9-3 of the Criminal Code of 1961 or
4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
5 offense described in item (A) and an offense described in
6 item (B).
7 (5) The defendant was convicted of a violation of
8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
9 death) or Section 12-20.5 (dismembering a human body) of
10 the Criminal Code of 1961 or the Criminal Code of 2012 (720
11 ILCS 5/9-3.1 or 5/12-20.5).
12 (5.5) The defendant was convicted of a violation of
13 Section 24-3.7 (use of a stolen firearm in the commission
14 of an offense) of the Criminal Code of 1961 or the Criminal
15 Code of 2012.
16 (6) If the defendant was in the custody of the
17 Department of Corrections at the time of the commission of
18 the offense, the sentence shall be served consecutive to
19 the sentence under which the defendant is held by the
20 Department of Corrections.
21 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
22 for escape or attempted escape shall be served consecutive
23 to the terms under which the offender is held by the
24 Department of Corrections.
25 (8) (Blank).
26 (8.5) (Blank).
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1 (9) (Blank).
2 (10) (Blank).
3 (11) (Blank).
4 (e) Consecutive terms; subsequent non-Illinois term. If an
5 Illinois court has imposed a sentence of imprisonment on a
6 defendant and the defendant is subsequently sentenced to a
7 term of imprisonment by a court of another state or a federal
8 court, then the Illinois sentence shall run consecutively to
9 the sentence imposed by the court of the other state or the
10 federal court. That same Illinois court, however, may order
11 that the Illinois sentence run concurrently with the sentence
12 imposed by the court of the other state or the federal court,
13 but only if the defendant applies to that same Illinois court
14 within 30 days after the sentence imposed by the court of the
15 other state or the federal court is finalized.
16 (f) Consecutive terms; aggregate maximums and minimums.
17 The aggregate maximum and aggregate minimum of consecutive
18 sentences shall be determined as follows:
19 (1) For sentences imposed under law in effect prior to
20 February 1, 1978, the aggregate maximum of consecutive
21 sentences shall not exceed the maximum term authorized
22 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
23 Chapter V for the 2 most serious felonies involved. The
24 aggregate minimum period of consecutive sentences shall
25 not exceed the highest minimum term authorized under
26 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
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1 V for the 2 most serious felonies involved. When sentenced
2 only for misdemeanors, a defendant shall not be
3 consecutively sentenced to more than the maximum for one
4 Class A misdemeanor.
5 (2) For sentences imposed under the law in effect on
6 or after February 1, 1978, the aggregate of consecutive
7 sentences for offenses that were committed as part of a
8 single course of conduct during which there was no
9 substantial change in the nature of the criminal objective
10 shall not exceed the sum of the maximum terms authorized
11 under Article 4.5 of Chapter V for the 2 most serious
12 felonies involved, but no such limitation shall apply for
13 offenses that were not committed as part of a single
14 course of conduct during which there was no substantial
15 change in the nature of the criminal objective. When
16 sentenced only for misdemeanors, a defendant shall not be
17 consecutively sentenced to more than the maximum for one
18 Class A misdemeanor.
19 (g) Consecutive terms; manner served. In determining the
20 manner in which consecutive sentences of imprisonment, one or
21 more of which is for a felony, will be served, the Department
22 of Corrections shall treat the defendant as though he or she
23 had been committed for a single term subject to each of the
24 following:
25 (1) The maximum period of a term of imprisonment shall
26 consist of the aggregate of the maximums of the imposed
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1 indeterminate terms, if any, plus the aggregate of the
2 imposed determinate sentences for felonies, plus the
3 aggregate of the imposed determinate sentences for
4 misdemeanors, subject to subsection (f) of this Section.
5 (2) The parole or mandatory supervised release term
6 shall be as provided in paragraph (e) of Section 5-4.5-50
7 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
8 involved.
9 (3) The minimum period of imprisonment shall be the
10 aggregate of the minimum and determinate periods of
11 imprisonment imposed by the court, subject to subsection
12 (f) of this Section.
13 (4) The defendant shall be awarded credit against the
14 aggregate maximum term and the aggregate minimum term of
15 imprisonment for all time served in an institution since
16 the commission of the offense or offenses and as a
17 consequence thereof at the rate specified in Section 3-6-3
18 (730 ILCS 5/3-6-3).
19 (h) Notwithstanding any other provisions of this Section,
20 all sentences imposed by an Illinois court under this Code
21 shall run concurrent to any and all sentences imposed under
22 the Juvenile Court Act of 1987.
23 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
24 102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.)
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