Illinois Compiled Statutes
730 ILCS 5/5-3-1 (2026)
Presentence Investigation
✓ current as of May 2026
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(730 ILCS 5/5-3-1)
(from Ch. 38, par. 1005-3-1)
Sec. 5-3-1. Presentence Investigation. A defendant shall not
be sentenced for a felony before a written presentence report
of investigation is presented to and considered by the court.
However, other than for felony sex offenders being considered for probation, the court need not order a presentence report
of
investigation where both parties agree to the imposition of
a specific sentence, provided there is a finding made for the
record as to the defendant's history of delinquency or criminality,
including any previous sentence to a term of probation, periodic
imprisonment, conditional discharge, or imprisonment.
The court may order a presentence investigation of any defendant.
(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
Notes of Decisions
Cited in 39
cases (14 in the last 5 years), 1993–2025 · leading case: People v. Sophanavong, 2020 IL 124337 (Ill. 2020).
People v. Sophanavong, 2020 IL 124337 (Ill. 2020). “OPINION ¶1 Section 5-3-1 of the Unified Code of Corrections (Code) (730 ILCS 5/5-3-1 (West 2012)) requires a circuit court to consider a presentence investigation (PSI) report prior to sentencing a defendant for a felony offense.”
People v. Boston, 648 N.E.2d 1002 (Ill. App. Ct. 1995). “1005-3-1 now codified at 730 ILCS 5/5-3-1 (West 1992).) The State responds that a presentence report is unnecessary when the court has held a capital offense sentencing hearing and considered all of the information that the report would contain.”
People v. Clark, 2024 IL 127838 (Ill. 2024). “2d 297, 301 (1968) (sentencing court should consider “the stimuli which motivate [the defendant’s] conduct”); (3) his family, educational, and social background, including whether he suffered parental neglect, physical abuse, or other childhood trauma (730 ILCS 5/5-3-1,…”
People v. Streater, 2023 IL App (1st) 220640 (Ill. App. Ct. 2023). “730 ILCS 5/5-3-1 (West 2020) (“A defendant shall not be sentenced for a felony before a written presentence report of investigation is presented to and considered by the court.”
People v. Woods, 2018 IL App (1st) 153323 (Ill. App. Ct. 2018). “” 730 ILCS 5/5-3-1 (West 2014). A PSI must contain information regarding the defendant’s “history of delinquency or criminality, physical and mental history and condition, family situation and background, economic status, education, occupation and personal habits.”
People v. James, 626 N.E.2d 1337 (Ill. App. Ct. 1993). “Section 5 — 3—1 of the Unified Code of Corrections provides in pertinent part: “A defendant shall not be sentenced for a felony before a written presentence report of investigation is presented to and considered by the court. However, the court need not order a presentence…”
People v. Jennings, 846 N.E.2d 934 (Ill. App. Ct. 2005). “Under the Unified Code of Corrections, a defendant may not be sentenced for a felony before a written presentence investigation is presented and the court considers the report. This requirement may only be waived where both parties agree to the imposition of a specific sentence…”
People v. Wallace, 2018 IL App (5th) 140385 (Ill. App. Ct. 2018). “¶ 16 The defendant filed his first appeal in this matter on August 20, 2011. In that appeal, he argued only that the trial court erred in failing to comply strictly with the requirements of section 5-3-1 of the Unified Code of Corrections (730 ILCS 5/5-3-1 (West 2010)).”
People v. Wallace, 2018 IL App (5th) 140385 (Ill. App. Ct. 2018). “¶ 16 The defendant filed his first appeal in this matter on August 20, 2011. In that appeal, he argued only that the trial court erred in failing to comply strictly with the requirements of section 5-3-1 of the Unified Code of Corrections ( 730 ILCS 5/5-3-1 (West 2010) ).”
People v. Watson, 2022 IL App (1st) 192182 (Ill. App. Ct. 2022). “On appeal, the defendant argued for the first time that the circuit court did not comply with section 5-3-1 of the Unified Code of Corrections (730 ILCS 5/5-3-1 (West 2012)) by failing to order a PSI report or be informed of his prior criminal offense dispositions.”
People v. Haywood, 2016 IL App (1st) 133201 (Ill. App. Ct. 2016). “¶ 41 Defendant's final contention is that he is entitled to a new sentencing hearing because the trial court sentenced him without a written presentencing report or a finding as to his criminal history as required by section 5-3-1 of the Unified Code of Corrections (730 ILCS…”
People v. Brock, 2022 IL App (3d) 200430 (Ill. App. Ct. 2022). “730 ILCS 5/5-3-1 (West 2020). In other words, the fact that the PSI in this case was compiled and offered after an independent investigation by a neutral third party—the probation department—is prima facie evidence of the reliability of the information contained therein.”
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