NOTE: The information below features additional content since original posting to detail how Public Act 101-440 adjusted sentencing credits. Since this Act became effective on January 1, 2020, eligible inmates can earn sentence credits for attending and completing various programs.
Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year in prison.
IL Felony Classes
Among the various felony classes in Illinois, the law distinguishes them in the following way:
- Class X felony: Mandatory sentence of 6-30 years in the Illinois Department of Corrections. The defendant is not eligible for probation under any circumstances. It does not matter that the defendant has never been arrested or found guilty of a crime before. Even a first offense which is a Class X felony results in prison time.
- Class 1 felony: Sentencing range of 4-15 years in the Department of Corrections. Probation is possible on a finding of guilt for a Class 1 felony. However, some Class 1 felonies are non-probationable, such as residential burglary.
- Class 2 felony: Sentencing range of 3-7 years in prison, with probation possible on almost all offenses. Very few Class 2 felonies are non-probationable. Aggravated driving under the influence resulting in death is a Class 2 felony with a sentencing range of 3-14 years. Probation is possible, but only upon a showing of exceptional circumstances.
- Class 3 felony: Sentencing range of 2-5 years in the Department of Corrections. Probation is generally possible for all offenses in this category.
- Class 4 felony: Sentencing range of 1-3 years in the Department of Corrections. Class 4 felonies are non-probationable only in rare circumstances where the defendant has a prior offense.
This is a summary of prison sentencing for felony crimes in Illinois courts. You should take caution, however, that even where probation is allowed by law, it is never certain.
Sentencing
An outcome of probation cannot be taken for granted, because is subject to the judge’s approval. Judges presiding over felony courtrooms are usually elected. And so, when a felony offense involves a controversial issue, politics can come into play. More than one judge has been accused of making an example out of someone.
In addition to probation, the class of felony and type of offense can also dictate the availability of early release from prison. Generally speaking, offenders must serve at least 50 percent of their sentence for lower-level felonies. Higher-level felonies are typically served at 75 to 80 percent of the sentence imposed. Other crimes must be served fully and completely, such as first-degree murder.
After January 1, 2020, a new route opened for an additional 45 to 90 days of sentence credit for certain offenders. Though any offender with a sentence of life in prison is ineligible. But eligible offenders, they must attend and complete programs to earn sentence credit, including educational, substance abuse, and behavior modification programs.
For more information on Illinois Felony Probation please visit our article.