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Title 12 — Punishments & Sentencing
Title 12 — PUNISHMENTS & SENTENCING
Chapter 1: General Sentencing Authority
Section 1201 Authorized Sentences#
- (a) Upon adjudication of an offense under the laws of this State, the sentencing authority shall impose one or more of the following, as authorized by the offense of conviction and consistent with this Title: a fine, imprisonment, restitution, community service, probation, parole eligibility, and any applicable enhancement or reduction.
- (b) In selecting a sentence within an authorized range, the sentencing authority shall consider the offense conduct, the defendant’s criminal history, victim impact where applicable, and the need to protect public safety.
- (c) When a sentence is imposed at the upper end of an authorized range, includes consecutive imprisonment, or applies an enhancement, the sentencing authority shall state brief reasons on the record.
Section 1202 Arrest-Adjudication for Standard Offenses#
- (a) For standard offenses, sentences of fine and imprisonment authorized by the offense of conviction may be imposed and served through arrest-adjudication at booking, subject to sentence review under this Section and appellate remedies provided by law.
- (b) Before a sentence is imposed at booking, the defendant shall be advised of the charge, the authorized penalty range, the right to contest the charge, and the right to request prompt sentence review.
- (c) A defendant sentenced through arrest-adjudication may request prompt sentence review by a court. Upon request, the court may affirm, modify, or vacate the sentence where the record is inadequate, identity is disputed, the offense is not eligible for arrest-adjudication, or the sentence exceeds authorized limits.
- (d) A defendant shall be released upon completion of the imposed sentence, unless held on a separate lawful basis.
- (e) This Section does not apply to offenses designated by statute as requiring a mandatory trial.
Section 1203 Mandatory Trial Offenses; Pretrial Release and Detention#
- (a) For offenses designated by statute as requiring a mandatory trial, the court shall determine pretrial release or detention under conditions reasonably necessary to assure appearance, protect public safety, and preserve the integrity of the proceedings.
- (b) The court shall favor the least restrictive release conditions sufficient to meet the purposes of this Section, and shall state reasons on the record when ordering detention.
- (c) Where another Title requires denial of pretrial release, the court shall order detention consistent with that Title.
Chapter 2: Fine Classifications and Ranges
Section 1210 Fine Classifications#
- (a) Unless a specific offense provides otherwise, fines shall be imposed within the following classifications.
- (b) Fine classifications:
- (1) Class F1 (Minor): $250 to $2,000
- (2) Class F2 (Moderate): $2,000 to $10,000
- (3) Class F3 (Serious): $10,000 to $50,000
- (4) Class F4 (Felony): $50,000 to $250,000
- (5) Class F5 (Capital): $250,000 to $1,000,000
- (c) In selecting an amount within a range, the sentencing authority shall consider the harm caused, deterrence, restitution ordered, and the defendant’s ability to pay.
- (d) When restitution is ordered, the sentencing authority may structure payment to prioritize restitution before payment of any fine.
Section 1211 Restitution#
- (a) Restitution to a victim for actual loss shall be ordered when supported by the record and may be imposed in addition to any fine or imprisonment.
- (b) Restitution shall not be limited by the fine range applicable to the offense.
- (c) The sentencing authority may set reasonable payment terms and may convert unpaid restitution to a civil judgment as provided by law.
Chapter 3: Imprisonment Classifications and Ranges
Section 1220 Imprisonment Classifications#
- (a) Unless a specific offense provides otherwise, imprisonment shall be imposed within the following classifications.
- (b) Imprisonment classifications (real-time minutes):
- (1) Class T1 (Minor): 1 to 5 minutes
- (2) Class T2 (Moderate): 5 to 15 minutes
- (3) Class T3 (Serious): 15 to 30 minutes
- (4) Class T4 (Felony): 30 to 60 minutes
- (5) Class T5 (Capital): 60 to 120 minutes, or life imprisonment where authorized by statute
- (c) The sentencing authority may impose a sentence at any point within the authorized range and may impose time served where appropriate.
Section 1221 Credit for Time Served#
- (a) A defendant shall receive credit for time served in custody on the offense of conviction, as recorded by the custodial authority, subject to correction upon dispute.
- (b) Credit may be denied for time attributable solely to unrelated holds or sentences.
Chapter 4: Community Service Alternatives
Section 1230 Community Service in Lieu of Fine or Imprisonment#
- (a) Where authorized by the sentencing authority, community service may be ordered as an alternative to a portion of a fine and/or a portion of imprisonment for standard offenses.
- (b) Conversion rate:
- (1) Fine conversion: $100 equals 5 minutes of community service.
- (2) Imprisonment conversion: 1 minute of imprisonment equals 5 minutes of community service.
- (c) Limitations:
- (1) No more than fifty percent (50%) of an imposed fine may be satisfied by community service.
- (2) No more than fifty percent (50%) of an imposed imprisonment term may be satisfied by community service.
- (3) Community service shall not be used to satisfy any portion of a sentence for an offense designated as requiring a mandatory trial, unless the sentencing court expressly authorizes it after conviction.
- (d) In exceptional circumstances, the sentencing court may authorize community service in excess of the limitations in subsection (c), and shall state reasons on the record.
- (e) Failure to complete community service as ordered may result in reimposition of the unsatisfied portion of the fine and/or imprisonment, after notice and an opportunity to be heard.
Chapter 5: Probation and Parole
Section 1240 Probation#
- (a) Probation is a conditional release status that may be imposed in addition to, or in lieu of, a portion of imprisonment for standard offenses, when consistent with public safety and the interests of justice.
- (b) Conditions may include lawful orders reasonably related to rehabilitation, victim protection, restitution compliance, geographic restrictions, weapon restrictions, substance counseling, and no-contact directives.
- (c) A violation of probation conditions may result in modification of conditions or imposition of any suspended portion of the sentence, after notice and an opportunity to be heard.
Section 1241 Parole Eligibility#
- (a) Where a sentence includes imprisonment, parole eligibility may be granted by the sentencing authority when authorized by the offense of conviction.
- (b) Parole may be conditioned on lawful terms similar to probation.
- (c) Parole may be revoked for violation of conditions, and the remaining portion of imprisonment may be imposed, after notice and an opportunity to be heard, subject to lawful credit.
Chapter 6: Sentence Enhancements and Reductions (General)
Section 1250 Enhancements and Reductions; General RuleEnhancement#
- (a) Enhancements and reductions authorized by statute may be applied to the base sentence for an offense.
- (b) Unless a statute expressly provides otherwise, enhancements and reductions apply to both fine and imprisonment.
- (c) Enhancements are discretionary unless the underlying offense statute makes them mandatory.
- (d) The sentencing authority may apply an enhancement in whole or in part to avoid a grossly disproportionate total sentence, and shall state brief reasons on the record when doing so.
Section 1251 Guilty Plea Reduction#
- (a) A defendant who enters a guilty plea may receive a reduction of the imposed fine and imprisonment.
- (b) Reduction range:
- (1) Fine reduction: 25% to 50%
- (2) Imprisonment reduction: 25% to 50%
- (c) The sentencing authority may deny or limit the reduction where the offense conduct, victim impact, or defendant history warrants.
- (d) A reduction under this Section shall not be conditioned on waiver of the right to appeal unlawful arrest-adjudication errors or other unlawful sentencing errors.
Section 1252 Cooperation Reduction#
- (a) A defendant who provides substantial assistance to law enforcement or prosecutors may receive a reduction of the imposed fine and imprisonment.
- (b) Reduction range:
- (1) Fine reduction: 50% to 75%
- (2) Imprisonment reduction: 50% to 75%
- (c) The sentencing authority may require that cooperation be corroborated and material.
- (d) The sentencing authority may require a brief record of the cooperation basis, which may be sealed where necessary.
Chapter 7: Repeat Offender Escalation
Section 1260 Repeat Offender Escalation#
- (a) Unless an offense statute provides a different repeat-offender scheme, the following escalation applies when the defendant has a prior conviction for the same offense within thirty (30) days preceding the current offense.
- (b) Escalation:
- (1) Second offense: fine and imprisonment increased by 50%
- (2) Third offense: fine and imprisonment increased by 100%
- (3) Fourth and subsequent offenses: fine and imprisonment increased by 200%
- (c) The sentencing authority may decline escalation, or apply a lesser escalation, where the record demonstrates that escalation would be unjust and public safety can be protected by alternative lawful conditions.
Chapter 8: Concurrent and Consecutive Sentencing
Section 1270 Concurrent vs. Consecutive Sentences#
- (a) When a defendant is adjudicated for multiple offenses arising from the same incident or separate incidents, the sentencing authority may order sentences to run concurrently or consecutively.
- (b) In exercising discretion, the sentencing authority may consider whether the offenses involved distinct victims, separate acts, escalating danger, or a continuing course of conduct.
- (c) For standard offenses processed through arrest-adjudication, consecutive sentencing may be imposed where necessary to reflect separate harms, and the sentencing authority shall state brief reasons on the record.
Section 1271 Aggregate Imprisonment Guidance#
- (a) For standard offenses adjudicated at booking, there is a rebuttable presumption favoring concurrent imprisonment for same-incident, same-victim conduct absent distinct harms.
- (b) Nothing in this Section limits mandatory trial sentencing authority, including life imprisonment or capital sentencing where authorized by statute.
Chapter 9: Sentencing Procedure and Record
Section 1280 Statement of Sentence#
- (a) The sentencing authority shall state the fine, imprisonment, restitution, and any community service, probation, parole eligibility, enhancement, or reduction applied.
- (b) The record shall reflect the principal reasons for selecting the sentence within the authorized range, sufficient to permit meaningful appellate review.
Section 1281 Appeals; Effect on Sentence#
- (a) A defendant may seek appellate review as provided by law.
- (b) A sentence served through arrest-adjudication is not stayed solely by filing an appeal, unless a court orders otherwise under lawful authority.
- (c) Courts may grant expedited review for arrest-adjudication cases where the sentence is likely to be fully served before ordinary review would occur, and may order appropriate relief upon a finding of unlawful sentence or procedure.
Chapter 10: Enhancements (General Application)
Section 1290 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under the laws of this State, unless the offense statute expressly excludes this enhancement.
- (b) Triggered when: The offense is committed while a deadly weapon is displayed, brandished, used, or materially facilitates the offense.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 1291 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under the laws of this State, unless the offense statute expressly excludes this enhancement.
- (b) Triggered when: The offense results in serious bodily injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 1292 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under the laws of this State, unless the offense statute expressly excludes this enhancement.
- (b) Triggered when: The victim is elderly, disabled, a minor, or a public official acting in an official capacity or targeted because of official status.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 1293 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under the laws of this State, unless the offense statute expressly provides a different repeat-offender scheme.
- (b) Triggered when: The defendant has a prior conviction for the same offense within thirty (30) days.
- (c) Additional Penalties:
- (1) Second offense: fine and imprisonment increased by 50%
- (2) Third offense: fine and imprisonment increased by 100%
- (3) Fourth and subsequent: fine and imprisonment increased by 200%