State of Illinois
90th General Assembly
Legislation

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90_HB0156

      730 ILCS 5/5-5-6          from Ch. 38, par. 1005-5-6
          Amends  the  Unified  Code  of   Corrections.    Requires
      defendants  who  are  convicted  of  certain sex offenses and
      other offenses relating to crimes against children to pay for
      medical, psychological, or psychiatric  treatment  or  foster
      care,  if  the  child  victim  is placed in foster care, as a
      result of the offense.
                                                     LRB9000938RCks
                                               LRB9000938RCks
 1        AN ACT to  amend  the  Unified  Code  of  Corrections  by
 2    changing Section 5-5-6.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 5-5-6 as follows:
 7        (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
 8        Sec. 5-5-6.  In all convictions for offenses in violation
 9    of the Criminal Code of 1961 in which the person received any
10    injury to their person or damage to their  real  or  personal
11    property  as  a  result of the criminal act of the defendant,
12    the  court  shall  order  restitution  as  provided  in  this
13    Section.  When the offender is sentenced to make  restitution
14    the  Court shall determine the restitution as hereinafter set
15    forth:
16             (a)  At  the  sentence  hearing,  the  court   shall
17        determine whether the property may be restored in kind to
18        the  possession  of  the  owner or the person entitled to
19        possession thereof; or whether the defendant is possessed
20        of  sufficient  skill  to  repair  and  restore  property
21        damaged; or whether the defendant should be  required  to
22        make  restitution  in  cash,  for out-of-pocket expenses,
23        damages,  losses,  or  injuries  found   to   have   been
24        proximately  caused  by  the  conduct of the defendant or
25        another for whom the  defendant  is  legally  accountable
26        under the provisions of Article V of the Criminal Code of
27        1961.
28             (b)  In  fixing the amount of restitution to be paid
29        in cash,  the  court  shall  allow  credit  for  property
30        returned  in  kind,  for  property  damages ordered to be
31        repaired by the defendant, and for property ordered to be
                            -2-                LRB9000938RCks
 1        restored by the defendant; and after granting the credit,
 2        the court shall assess the actual out-of-pocket expenses,
 3        losses, damages, and  injuries  suffered  by  the  victim
 4        named  in  the  charge and any other victims who may also
 5        have suffered out-of-pocket  expenses,  losses,  damages,
 6        and  injuries  proximately  caused  by  the same criminal
 7        conduct of the defendant, and insurance carriers who have
 8        indemnified the named victim or  other  victims  for  the
 9        out-of-pocket  expenses,  losses,  damages,  or injuries,
10        provided that in no event shall restitution be ordered to
11        be paid on account of pain and suffering.  If a defendant
12        is placed on supervision for, or convicted  of,  domestic
13        battery,   the   defendant   shall  be  required  to  pay
14        restitution to any domestic violence shelter in which the
15        victim and any other family or  household  members  lived
16        because  of  the  domestic  battery.   The  amount of the
17        restitution  shall  equal  the  actual  expenses  of  the
18        domestic violence shelter in providing  housing  and  any
19        other  services  for  the  victim and any other family or
20        household members living at the shelter.  If a  defendant
21        fails to pay restitution in the manner or within the time
22        period  specified  by  the  court, the court may enter an
23        order directing the sheriff to seize any real or personal
24        property of  a  defendant  to  the  extent  necessary  to
25        satisfy  the  order  of  restitution  and  dispose of the
26        property by public sale.  All proceeds from such sale  in
27        excess  of the amount of restitution plus court costs and
28        the costs of the sheriff in conducting the sale shall  be
29        paid to the defendant.
30             (c)  In  cases  where  more  than  one  defendant is
31        accountable for the same criminal conduct that results in
32        out-of-pocket expenses,  losses,  damages,  or  injuries,
33        each defendant shall be ordered to pay restitution in the
34        amount   of  the  total  actual  out-of-pocket  expenses,
                            -3-                LRB9000938RCks
 1        losses, damages, or injuries to  the  victim  proximately
 2        caused  by  the  conduct of all of the defendants who are
 3        legally accountable for the offense.
 4                  (1)  In no event shall the victim  be  entitled
 5             to  recover  restitution  in  excess  of  the actual
 6             out-of-pocket   expenses,   losses,   damages,    or
 7             injuries,  proximately  caused by the conduct of all
 8             of the defendants.
 9                  (2)  As between the defendants, the  court  may
10             apportion   the   restitution  that  is  payable  in
11             proportion to each co-defendant's culpability in the
12             commission of the offense.
13                  (3)  In  the  absence  of  a   specific   order
14             apportioning  the  restitution, each defendant shall
15             bear his pro rata share of the restitution.
16                  (4)  As between the defendants, each  defendant
17             shall  be  entitled  to  a pro rata reduction in the
18             total restitution required to be paid to the  victim
19             for   amounts   of   restitution  actually  paid  by
20             co-defendants, and defendants who  shall  have  paid
21             more  than their pro rata share shall be entitled to
22             refunds to be computed by the  court  as  additional
23             amounts are paid by co-defendants.
24             (d)  In  instances  where  a defendant has more than
25        one criminal charge pending against him in a single case,
26        or more than one case, and the defendant stands convicted
27        of one or more charges, a plea  agreement  negotiated  by
28        the  State's  Attorney and the defendants may require the
29        defendant to make restitution to victims of charges  that
30        have  been  dismissed or which it is contemplated will be
31        dismissed under the terms  of  the  plea  agreement,  and
32        under  the  agreement, the court may impose a sentence of
33        restitution  on  the  charge  or  charges  of  which  the
34        defendant has  been  convicted  that  would  require  the
                            -4-                LRB9000938RCks
 1        defendant   to  make  restitution  to  victims  of  other
 2        offenses as provided in the plea agreement.
 3             (e)  The court may require the  defendant  to  apply
 4        the  balance  of  the  cash  bond, after payment of court
 5        costs, and any fine that may be imposed to the payment of
 6        restitution.
 7             (f)  Taking into consideration the  ability  of  the
 8        defendant  to  pay,  the  court  shall  determine whether
 9        restitution shall be paid  in  a  single  payment  or  in
10        installments,  and  shall  fix  a  period  of time not in
11        excess   of   5   years,   not   including   periods   of
12        incarceration, within which payment of restitution is  to
13        be paid in full. However, if the court deems it necessary
14        and  in  the  best  interest of the victim, the court may
15        extend beyond 5 years the period of time within which the
16        payment of restitution is to be paid. If the defendant is
17        ordered to pay restitution  and  the  court  orders  that
18        restitution  is  to  be paid over a period greater than 6
19        months, the court shall order  that  the  defendant  make
20        monthly payments; the court may waive this requirement of
21        monthly  payments  only if there is a specific finding of
22        good cause for waiver.
23             (g)  The court shall,  after  determining  that  the
24        defendant  has  the ability to pay, require the defendant
25        to  pay  for   the   victim's   medical,   psychological,
26        psychiatric or counseling services or foster care if:
27                  (1)  the  defendant was convicted of an offense
28             under  Sections  11-19.2,  11-20.1,  12-13,   12-14,
29             12-14.1,  12-15  or  12-16  of  the Criminal Code of
30             1961, or was charged with such an  offense  and  the
31             charge  was reduced to another charge as a result of
32             a  plea  agreement  under  subsection  (d)  of  this
33             Section, and
34                  (2)  the victim was under 18 years  of  age  at
                            -5-                LRB9000938RCks
 1             the  time  the  offense  was  committed and requires
 2             medical, psychological, psychiatric,  or  counseling
 3             services  or is placed in foster care as a result of
 4             the offense.
 5             The payments shall be made by the defendant  to  the
 6        clerk  of  the circuit court and transmitted by the clerk
 7        to the appropriate person or agency as  directed  by  the
 8        court.   The  order  may require such payments to be made
 9        for a period not to exceed 5 years after sentencing,  not
10        including periods of incarceration.
11             (h)  The  judge may enter an order of withholding to
12        collect the amount of restitution owed in accordance with
13        Part 8 of Article XII of the Code of Civil Procedure.
14             (i)  A sentence of restitution may  be  modified  or
15        revoked  by  the  court  if  the offender commits another
16        offense, or the offender fails  to  make  restitution  as
17        ordered by the court, but no sentence to make restitution
18        shall  be  revoked  unless  the court shall find that the
19        offender  has  had  the   financial   ability   to   make
20        restitution,  and  he  has wilfully refused to do so.  If
21        the court shall find that the  defendant  has  failed  to
22        make  restitution and that the failure is not wilful, the
23        court may impose an  additional  period  of  time  within
24        which  to make restitution.  The length of the additional
25        period shall not be more than 2 years.  The  court  shall
26        retain  all  of  the  incidents of the original sentence,
27        including  the  authority  to  modify  or   enlarge   the
28        conditions,  and to revoke or further modify the sentence
29        if the conditions of  payment  are  violated  during  the
30        additional period.
31             (j)  The  procedure upon the filing of a Petition to
32        Revoke a sentence to make restitution shall be  the  same
33        as the procedures set forth in Section 5-6-4 of this Code
34        governing   violation,  modification,  or  revocation  of
                            -6-                LRB9000938RCks
 1        Probation, of Conditional Discharge, or of Supervision.
 2             (k)  Nothing  contained  in   this   Section   shall
 3        preclude  the  right  of  any party to proceed in a civil
 4        action to recover for any damages  incurred  due  to  the
 5        criminal misconduct of the defendant.
 6             (l)  Restitution  ordered  under  this Section shall
 7        not be subject to disbursement by the circuit clerk under
 8        Section 27.5 of the Clerks of Courts Act.
 9             (m)  A restitution order under  this  Section  is  a
10        judgment lien in favor of the victim that:
11                  (1)  Attaches  to  the  property  of the person
12             subject to the order;
13                  (2)  May be perfected in  the  same  manner  as
14             provided  in  Part  3  of  Article  9 of the Uniform
15             Commercial Code;
16                  (3)  May be enforced  to  satisfy  any  payment
17             that  is  delinquent  under the restitution order by
18             the person in whose favor the order is issued or the
19             person's assignee; and
20                  (4)  Expires in the same manner as  a  judgment
21             lien created in a civil proceeding.
22             When  a  restitution  order  is  issued  under  this
23        Section, the issuing court shall send a certified copy of
24        the order to the clerk of the circuit court in the county
25        where  the  charge  was filed.  Upon receiving the order,
26        the clerk shall enter and index the order in the  circuit
27        court judgment docket.
28             (n)  An order of restitution under this Section does
29        not bar a civil action for:
30                  (1)  Damages that the court did not require the
31             person  to  pay  to the victim under the restitution
32             order but arise from an injury or  property  damages
33             that  is  the  basis  of  restitution ordered by the
34             court; and
                            -7-                LRB9000938RCks
 1                  (2)  Other damages suffered by the victim.
 2        The restitution order is not discharged by the completion
 3    of the sentence imposed for the offense.
 4        A restitution order under this Section is not  discharged
 5    by  the  liquidation  of  a person's estate by a receiver.  A
 6    restitution order under this Section may be enforced  in  the
 7    same  manner as judgment liens are enforced under Article XII
 8    of the Code of Civil Procedure.
 9    (Source: P.A. 88-237;  89-198,  eff.  7-21-95;  89-203,  eff.
10    7-21-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689,
11    eff. 12-31-96.)

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