ILCS » Chapter 730 · Act 5
Illinois Compiled Statutes

730 ILCS 5/5-4-1 (2026)

✓ current as of May 2026
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(730 ILCS 5/5-4-1). Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such factors, as well as any other mitigating or aggravating factors that the judge sets forth on the record that are consistent with the purposes and principles of sentencing set out in this Code.
    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed with the circuit court clerk within 30 days following the imposition of sentence. A motion not filed within that 30-day period is not timely. The court may not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing.
    If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide the motion within a reasonable time.
    If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an appeal, a final judgment is not considered to have been entered until the motion to reduce the sentence has been decided by order entered by the trial court.
    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR OTHER-STATE SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the Illinois court ordered to be concurrent with the prior other-state or federal sentence. The court may order that any time served on the unexpired portion of the other-state or federal sentence, prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The appropriate official of the other state or the United States shall be furnished with a copy of the order imposing sentence, which shall provide that, when the offender is released from other-state or federal confinement, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing Illinois county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of the sentence at the time of commitment and to be provided with copies of all records regarding the sentence.
    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed sentence to have his or her sentence reduced.
    The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his or her Illinois sentence. The application for reduction of a sentence under this subsection shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.
    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that requires the defendant to be implanted or injected with or to use any form of birth control.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)

    
Notes of Decisions
Cited in 103 cases (50 in the last 5 years), 1994–2026 · leading case: People v. Sauseda, 2016 IL App (1st) 140134 (Ill. App. Ct. 2016).
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People v. Sauseda, 2016 IL App (1st) 140134 (Ill. App. Ct. 2016). “See 730 ILCS 5/5-4-1(a)(3) (West 2008) (sentencing court "shall" "consider the financial impact of incarceration based on the financial impact statement filed with the clerk of the court").”
People v. Jackson, 874 N.E.2d 592 (Ill. App. Ct. 2007). · cites it 2× “(730 ILCS 5/5-4-1(a)(4) (West 2006)) I believe such specific articulation on the record should be required.”
People v. Downing, 2019 IL App (1st) 170329 (Ill. App. Ct. 2020). · cites it 2× “See 730 ILCS 5/5-4-1(a)(2) (West 2018); People v.”
People v. Hoffman, 2023 IL App (2d) 230067 (Ill. App. Ct. 2023). · cites it 8× “5) of the Unified Code of Corrections (Corrections Code) (730 ILCS 5/5-4-1(c-1.5) (West 2022)), which permits trial courts to exercise their discretion and impose sentences below the mandatory minimums if certain conditions were met.”
People v. Lee, 2023 IL App (4th) 220779 (Ill. App. Ct. 2023). · cites it 5× “5) of the Unified Code of Corrections (730 ILCS 5/5-4-1(c-1.5) (West 2022)) to impose a sentence other than imprisonment.”
People v. Bryant, 2016 IL App (1st) 140421 (Ill. App. Ct. 2016). “This list is a near-perfect recitation of section 5-4-1 of the Unified Code of Corrections )730 ILCS 5/5-4-1(a) (West 2012)), which directs courts to consider these factors at sentencing.”
People v. Aquisto, 2022 IL App (4th) 200081 (Ill. App. Ct. 2022). “Fourth, the motion argued that the court had “failed to adequately consider the financial impact of the cost of incarceration of Defendant, as required by [section 5-4-1 of the Unified Code of Corrections (730 ILCS 5/5-4-1 (West 2018))].” ¶ 45 On February 10, 2020, the circuit…”
People v. Johnson, 2024 IL 130191 (Ill. 2024). “Because a sentencing court is required to weigh all the - 23 - evidence and factors in aggravation and mitigation to determine a defendant’s culpability in imposing the sentence (see 730 ILCS 5/5-4-1 (West 2018)), a structural error at sentencing is an error that renders the…”
People v. Hoffman, 2025 IL 130344 (Ill. 2025). · cites it 11× “5) of the Unified Code of Corrections (Code) (730 ILCS 5/5-4-1(c-1.5) (West 2022)) permits the trial court to deviate from the otherwise mandatory minimum prison term for drug-induced homicide.”
People v. Decatur, 2015 IL App (1st) 130231 (Ill. App. Ct. 2016). “See 730 ILCS 5/5-4-1(a)(3) (West 2012). It is sufficient to note that nothing in the record points to the trial court’s refusal to consider this factor, and that absent such affirmative evidence, the trial court is presumed to consider the incarceration cost.”
People v. Woodson, 2024 IL App (1st) 221172 (Ill. App. Ct. 2024). · cites it 2× “730 ILCS 5/5-4-1(a) (West 2022). It is for this reason—the trial judge’s superior position to weigh evidence and to make credibility determinations—that his sentencing determination is afforded great deference.”
People v. Canizalez-Cardena, 2012 IL App (4th) 110720 (Ill. App. Ct. 2012). “¶ 24 Section 5-4-1(a)(3) of the Unified Code of Corrections (730 ILCS 5/5-4-1(a)(3) (West 2010 (added by Pub.”
Show all 103 citing cases →
— 730 ILCS 5/5-4-1(a) — 16 cases
People v. Bryant, 2016 IL App (1st) 140421 (Ill. App. Ct. 2016). “This list is a near-perfect recitation of section 5-4-1 of the Unified Code of Corrections )730 ILCS 5/5-4-1(a) (West 2012)), which directs courts to consider these factors at sentencing.”
People v. Weiser, 2013 IL App (5th) 120055 (Ill. App. Ct. 2013).
People v. Woodson, 2024 IL App (1st) 221172 (Ill. App. Ct. 2024). “730 ILCS 5/5-4-1(a) (West 2022). It is for this reason—the trial judge’s superior position to weigh evidence and to make credibility determinations—that his sentencing determination is afforded great deference.”
People v. Goods, 2016 IL App (1st) 140511 (Ill. App. Ct. 2016).
People v. Moore, 2023 IL App (4th) 210037-U (Ill. App. Ct. 2023).
— 730 ILCS 5/5-4-1(a)(1) — 4 cases
People v. Mitchell, 2014 IL App (1st) 120080 (Ill. App. Ct. 2014).
People v. Tate, 2022 IL App (5th) 200395-U (Ill. App. Ct. 2022).
People v. Gregory, 2024 IL App (4th) 240522-U (Ill. App. Ct. 2024).
People v. Hargrave, 2022 IL App (5th) 190392-U (Ill. App. Ct. 2022).
— 730 ILCS 5/5-4-1(a)(2) — 9 cases
People v. Downing, 2019 IL App (1st) 170329 (Ill. App. Ct. 2020). “See 730 ILCS 5/5-4-1(a)(2) (West 2018); People v.”
People v. Ullrich, 767 N.E.2d 411 (Ill. App. Ct. 2002).
People v. Tapia, 2014 IL App (2d) 111314 (Ill. App. Ct. 2014).
People v. Moore, 2023 IL App (4th) 210037-U (Ill. App. Ct. 2023).
People v. Messina, 2023 IL App (3d) 220071-U (Ill. App. Ct. 2023).
— 730 ILCS 5/5-4-1(a)(3) — 12 cases
People v. Sauseda, 2016 IL App (1st) 140134 (Ill. App. Ct. 2016). “See 730 ILCS 5/5-4-1(a)(3) (West 2008) (sentencing court "shall" "consider the financial impact of incarceration based on the financial impact statement filed with the clerk of the court").”
People v. Decatur, 2015 IL App (1st) 130231 (Ill. App. Ct. 2016). “See 730 ILCS 5/5-4-1(a)(3) (West 2012). It is sufficient to note that nothing in the record points to the trial court’s refusal to consider this factor, and that absent such affirmative evidence, the trial court is presumed to consider the incarceration cost.”
People v. Canizalez-Cardena, 2012 IL App (4th) 110720 (Ill. App. Ct. 2012). “¶ 24 Section 5-4-1(a)(3) of the Unified Code of Corrections (730 ILCS 5/5-4-1(a)(3) (West 2010 (added by Pub.”
People v. Palomera, 2022 IL App (2d) 200631 (Ill. App. Ct. 2022).
People v. Harris, 2023 IL App (2d) 210697 (Ill. App. Ct. 2023).
— 730 ILCS 5/5-4-1(a)(4) — 9 cases
People v. Jackson, 874 N.E.2d 592 (Ill. App. Ct. 2007). “(730 ILCS 5/5-4-1(a)(4) (West 2006)) I believe such specific articulation on the record should be required.”
People v. Hope, 702 N.E.2d 1282 (Ill. 1998).
People v. Muzzarelli, 770 N.E.2d 1232 (Ill. App. Ct. 2002).
People v. Green, 2026 IL App (1st) 241736-U (Ill. App. Ct. 2026).
People v. Lafave, 2026 IL App (4th) 250730-U (Ill. App. Ct. 2026).
— 730 ILCS 5/5-4-1(a)(5) — 6 cases
People v. Alexander, 2014 IL App (1st) 112207 (Ill. App. Ct. 2014).
People v. Alexander, 2014 IL App (1st) 112207 (Ill. App. Ct. 2014).
People v. Runyon, 2023 IL App (4th) 230058-U (Ill. App. Ct. 2023).
People v. Melton, 2022 IL App (3d) 200440-U (Ill. App. Ct. 2022).
People v. McWilliams, 2021 IL App (1st) 181309-U (Ill. App. Ct. 2021).
— 730 ILCS 5/5-4-1(a)(6) — 6 cases
People v. Hussain, 2024 IL App (1st) 230471 (Ill. App. Ct. 2024).
People v. Stephens, 2017 IL App (1st) 151631 (Ill. App. Ct. 2018).
In re Commitment of Hardin, 2013 IL App (2d) 120977 (Ill. App. Ct. 2013).
People v. Stephens, 2017 IL App (1st) 151631 (Ill. App. Ct. 2017).
In re Commitment of Hardin, 2013 IL App (2d) 120977 (Ill. App. Ct. 2013).
— 730 ILCS 5/5-4-1(a)(7) — 1 case
People v. Johnson (Ill. App. Ct. 2000).
— 730 ILCS 5/5-4-1(b) — 6 cases
People v. Woodson, 2024 IL App (1st) 221172 (Ill. App. Ct. 2024). “730 ILCS 5/5-4-1(a) (West 2022). It is for this reason—the trial judge’s superior position to weigh evidence and to make credibility determinations—that his sentencing determination is afforded great deference.”
People v. Little, 743 N.E.2d 594 (Ill. App. Ct. 2001).
People v. Brisco, 2012 IL App (1st) 101612 (Ill. App. Ct. 2012).
People v. Knez, 2022 IL App (5th) 200091-U (Ill. App. Ct. 2022).
People v. McWilliams, 2021 IL App (1st) 181309-U (Ill. App. Ct. 2021).
— 730 ILCS 5/5-4-1(c) — 2 cases
People v. Jackson, 874 N.E.2d 592 (Ill. App. Ct. 2007). “(730 ILCS 5/5-4-1(a)(4) (West 2006)) I believe such specific articulation on the record should be required.”
People v. Trujillo, 2023 IL App (4th) 210489-U (Ill. App. Ct. 2023).
— 730 ILCS 5/5-4-1(d) — 2 cases
People v. Tinsley, 2022 IL App (5th) 190536-U (Ill. App. Ct. 2022).
People v. Matlick, 2019 IL App (4th) 170564-U (Ill. App. Ct. 2019).
— 730 ILCS 5/5-4-1(e) — 3 cases
Cowper v. Nyberg, 2014 IL App (5th) 120415 (Ill. App. Ct. 2014).
Cowper v. Nyberg, 2014 IL App (5th) 120415 (Ill. App. Ct. 2014).
Cecil Shaw v. Wayne Germain, 496 F. App'x 646 (7th Cir. 2012).
— 730 ILCS 5/5-4-1(e)(4) — 6 cases
People v. Coleman, 2017 IL App (4th) 160770 (Ill. App. Ct. 2017).
People v. Williams, 917 N.E.2d 547 (Ill. App. Ct. 2009).
Cowper v. Nyberg, 2014 IL App (5th) 120415 (Ill. App. Ct. 2014).
Cowper v. Nyberg, 2014 IL App (5th) 120415 (Ill. App. Ct. 2014).
People v. Coleman, 2017 IL App (4th) 160770 (Ill. App. Ct. 2018).
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