ILCS » Chapter 730 · Act 5
Illinois Compiled Statutes

730 ILCS 5/5-3-2 (2026)

Presentence report

✓ current as of May 2026
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(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
    Sec. 5-3-2. Presentence report.
    (a) In felony cases, the presentence report shall set forth:
        (1) 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;
        (2) information about special resources within the
    
community which might be available to assist the defendant's rehabilitation, including treatment centers, residential facilities, vocational training services, correctional manpower programs, employment opportunities, special educational programs, alcohol and drug abuse programming, psychiatric and marriage counseling, and other programs and facilities which could aid the defendant's successful reintegration into society;
        (3) the effect the offense committed has had upon the
    
victim or victims thereof, and any compensatory benefit that various sentencing alternatives would confer on such victim or victims;
        (3.5) information provided by the victim's spouse,
    
guardian, parent, grandparent, and other immediate family and household members about the effect the offense committed has had on the victim and on the person providing the information; if the victim's spouse, guardian, parent, grandparent, or other immediate family or household member has provided a written statement, the statement shall be attached to the report;
        (4) information concerning the defendant's status
    
since arrest, including his record if released on his own recognizance, or the defendant's achievement record if released on a conditional pre-trial supervision program;
        (5) when appropriate, a plan, based upon the
    
personal, economic and social adjustment needs of the defendant, utilizing public and private community resources as an alternative to institutional sentencing;
        (6) any other matters that the investigatory officer
    
deems relevant or the court directs to be included;
        (7) information concerning the defendant's
    
eligibility for a sentence to a county impact incarceration program under Section 5-8-1.2 of this Code; and
        (8) information concerning the defendant's
    
eligibility for a sentence to an impact incarceration program administered by the Department under Section 5-8-1.1.
    (b) The investigation shall include a physical and mental examination of the defendant when so ordered by the court. If the court determines that such an examination should be made, it shall issue an order that the defendant submit to examination at such time and place as designated by the court and that such examination be conducted by a physician, psychologist or psychiatrist designated by the court. Such an examination may be conducted in a court clinic if so ordered by the court. The cost of such examination shall be paid by the county in which the trial is held.
    (b-5) In cases involving felony sex offenses in which the offender is being considered for probation only or any felony offense that is sexually motivated as defined in the Sex Offender Management Board Act in which the offender is being considered for probation only, the investigation shall include a sex offender evaluation by an evaluator approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act. In cases in which the offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
    (c) In misdemeanor, business offense or petty offense cases, except as specified in subsection (d) of this Section, when a presentence report has been ordered by the court, such presentence report shall contain information on the defendant's history of delinquency or criminality and shall further contain only those matters listed in any of paragraphs (1) through (6) of subsection (a) or in subsection (b) of this Section as are specified by the court in its order for the report.
    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, the presentence report shall set forth information about alcohol, drug abuse, psychiatric, and marriage counseling or other treatment programs and facilities, information on the defendant's history of delinquency or criminality, and shall contain those additional matters listed in any of paragraphs (1) through (6) of subsection (a) or in subsection (b) of this Section as are specified by the court.
    (e) Nothing in this Section shall cause the defendant to be held without pretrial release or to have his pretrial release revoked for the purpose of preparing the presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21.)

    
Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 1995–2026 · leading case: People v. Hillier, 910 N.E.2d 181 (Ill. App. Ct. 2009).
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People v. Hillier, 910 N.E.2d 181 (Ill. App. Ct. 2009). · cites it 7× “See 730 ILCS 5/5-3-2 (West 2006). When a felony sex offender is being considered for probation, he is required to submit to a sex offender evaluation as part of the presentence investigation.”
In re Johnathan T., 2022 IL 127222 (Ill. 2022). “Pursuant to section 5-3-2(a) of the Unified Code of Corrections (730 ILCS 5/5-3-2(a) (West 2018)), the PSI sets forth the defendant’s history of delinquency and criminality, physical and mental history and condition, family situation and background, education, and occupation and…”
People v. Johnson, 2017 IL App (2d) 141241 (Ill. App. Ct. 2017). · cites it 2× “” 730 ILCS 5/5-3-2(b-5) (West 2008). In 2009, the statute was amended.”
People v. Boston, 648 N.E.2d 1002 (Ill. App. Ct. 1995). · cites it 2× “m or victims thereof, and any compensatory benefit that various sentencing alternatives would confer on such victim or victims; (4) information concerning the defendant's status since arrest * * *; (5) when appropriate, a plan, based upon the personal, economic and social…”
People v. Johnson, 2017 IL App (2d) 141241 (Ill. App. Ct. 2017). · cites it 2× “” 730 ILCS 5/5-3-2(b-5) (West 2008). In 2009, the statute was amended.”
People v. Jones, 2016 IL 119391 (Ill. 2016). “” 730 ILCS 5/5-3-2(a)(1) (West 2010). Additionally, the Juvenile Court Act permits juvenile court records to be accessed under certain circumstances, including when a minor becomes 18 years or older and is the subject of criminal proceedings.”
People v. Jones, 2016 IL 119391 (Ill. 2017). “Additionally, the Juvenile Court Act permits juvenile court records to be accessed under certain circumstances, including when a minor becomes 18 years or older and is the subject of criminal proceedings.”
People v. Guerrero, 953 N.E.2d 936 (Ill. App. Ct. 2011). · cites it 3× “730 ILCS 5/5-3-2 (West 2006). Subsection (b-5) therein requires a sex offender evaluation as part of the presentence investigation only when a defendant is eligible for probation.”
People v. Montag, 2014 IL App (4th) 120993 (Ill. App. Ct. 2014). “” ¶ 16 On October 16, 2012, counsel filed an amended motion to reconsider (in all three cases) alleging the presentence investigation report did not comply with section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2 (West 2010)). On the same day, the trial court held…”
In Re Bw, 721 N.E.2d 1202 (Ill. App. Ct. 1999). “730 ILCS 5/5-3-2 (West 1998). Each incident of incarceration is interrelated for the purpose of assessing fulfillment of parental obligations and should not be viewed in isolation.”
Stewart v. Peters, 878 F. Supp. 1139 (N.D. Ill. 1995). “This decision was a matter of trial strategy.”
People v. English, 2023 IL App (4th) 220296-U (Ill. App. Ct. 2023). “¶ 37; 730 ILCS 5/5-3-2(a)(1) (West 2020). In fact, a defendant cannot be sentenced for a felony before a PSI is presented to and considered by the sentencing court.”
Show all 20 citing cases →
— 730 ILCS 5/5-3-2(a) — 1 case
In re Johnathan T., 2022 IL 127222 (Ill. 2022). “Pursuant to section 5-3-2(a) of the Unified Code of Corrections (730 ILCS 5/5-3-2(a) (West 2018)), the PSI sets forth the defendant’s history of delinquency and criminality, physical and mental history and condition, family situation and background, education, and occupation and…”
— 730 ILCS 5/5-3-2(a)(1) — 4 cases
People v. Jones, 2016 IL 119391 (Ill. 2016). “” 730 ILCS 5/5-3-2(a)(1) (West 2010). Additionally, the Juvenile Court Act permits juvenile court records to be accessed under certain circumstances, including when a minor becomes 18 years or older and is the subject of criminal proceedings.”
People v. Jones, 2016 IL 119391 (Ill. 2017). “Additionally, the Juvenile Court Act permits juvenile court records to be accessed under certain circumstances, including when a minor becomes 18 years or older and is the subject of criminal proceedings.”
People v. English, 2023 IL App (4th) 220296-U (Ill. App. Ct. 2023). “¶ 37; 730 ILCS 5/5-3-2(a)(1) (West 2020). In fact, a defendant cannot be sentenced for a felony before a PSI is presented to and considered by the sentencing court.”
People v. Stuckey, 2025 IL App (4th) 241021-U (Ill. App. Ct. 2025).
— 730 ILCS 5/5-3-2(a)(6) — 1 case
People v. Hillier, 910 N.E.2d 181 (Ill. App. Ct. 2009). “See 730 ILCS 5/5-3-2 (West 2006). When a felony sex offender is being considered for probation, he is required to submit to a sex offender evaluation as part of the presentence investigation.”
— 730 ILCS 5/5-3-2(b) — 6 cases
People v. Hillier, 910 N.E.2d 181 (Ill. App. Ct. 2009). “See 730 ILCS 5/5-3-2 (West 2006). When a felony sex offender is being considered for probation, he is required to submit to a sex offender evaluation as part of the presentence investigation.”
People v. Johnson, 2017 IL App (2d) 141241 (Ill. App. Ct. 2017). “” 730 ILCS 5/5-3-2(b-5) (West 2008). In 2009, the statute was amended.”
People v. Johnson, 2017 IL App (2d) 141241 (Ill. App. Ct. 2017). “” 730 ILCS 5/5-3-2(b-5) (West 2008). In 2009, the statute was amended.”
Stewart v. Peters, 878 F. Supp. 1139 (N.D. Ill. 1995). “This decision was a matter of trial strategy.”
People v. Williams, 2022 IL App (2d) 210132-U (Ill. App. Ct. 2022).
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