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Illinois Compiled Statutes

730 ILCS 5/5-9-3 (2026)

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✓ current as of May 2026
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(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
    Sec. 5-9-3. Default.
    (a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment. The court may issue a summons for his appearance or a warrant of arrest.
    (b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the payment of the fine.
    (c) If it appears that the default in the payment of a fine is not intentional under paragraph (b) of this Section, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion.
    (d) When a fine is imposed on a corporation or unincorporated organization or association, it is the duty of the person or persons authorized to make disbursement of assets, and their superiors, to pay the fine from assets of the corporation or unincorporated organization or association. The failure of such persons to do so shall render them subject to proceedings under paragraphs (a) and (b) of this Section.
    (e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof may be collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof. An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court. The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.
    (f) This Section does not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987.
(Source: P.A. 103-379, eff. 7-28-23.)

    
Notes of Decisions
Cited in 8 cases, 1997–2018 · leading case: People v. Jake, 960 N.E.2d 45 (Ill. App. Ct. 2011).
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People v. Jake, 960 N.E.2d 45 (Ill. App. Ct. 2011). · cites it 2× “The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require…”
People v. Williams, 2013 IL App (4th) 120313 (Ill. App. Ct. 2013). “7/13/10) WHEN FINES/ FEES ARE NOT TIMELY PAID (not part of the original sentencing judgment) Late Fee^ 725 ILCS 5/124A-10 5%-15% of unpaid amount Collection Fee 730 ILCS 5/5-9-3(e) 30% of unpaid amount -9-”
People v. Smith, 2014 IL App (4th) 121118 (Ill. App. Ct. 2014). “05 collection fee (730 ILCS 5/5-9-3(e) (West 2008)). Specifically, defendant argues the collection fee is improper because "the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture" was never set by the court and consequently, defendant…”
People v. Smith, 2018 IL App (1st) 151402 (Ill. App. Ct. 2018). “Unpaid fines and fees may also be the subject of collection actions initiated by the State's Attorney, which entail a 30% surcharge plus 9% interest on the unpaid amount ( 730 ILCS 5/5-9-3(e) (West 2016) ), and unpaid fines carry with them the threat of imprisonment for an…”
People v. Williams, 2013 IL App (2d) 120094 (Ill. App. Ct. 2014). “-7- ¶ 41 Under section 5-9-3(e) of the Unified Code of Corrections (730 ILCS 5/5-9-3(e) (West 2008)), the State’s Attorney is authorized to retain attorneys and private collection agents to collect any defaults in payments of fines or fees.”
People v. Jake, 2011 IL App (4th) 90779 (Ill. App. Ct. 2011). · cites it 2× “Any agreement between the State’s Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county.”
People v. Jones, 2015 IL App (3d) 130601 (Ill. App. Ct. 2015). · cites it 3× “See 730 ILCS 5/5-9-3(e) (West 2012) (providing for 30% collection fee).”
People v. Wilson (Ill. App. Ct. 1997). · cites it 2× “Bertalot went on to state in dicta that only mone­tary condi­tions survived because the statu­tory contempt provi­sion of section 5-9-3 of the Code (730 ILCS 5/5-9-3 (West 1996)) ex­pressly pro­vides that fines can be en­forced through con­tempt but makes no mention of…”
— 730 ILCS 5/5-9-3(b) — 1 case
People v. Wilson (Ill. App. Ct. 1997). “Bertalot went on to state in dicta that only mone­tary condi­tions survived because the statu­tory contempt provi­sion of section 5-9-3 of the Code (730 ILCS 5/5-9-3 (West 1996)) ex­pressly pro­vides that fines can be en­forced through con­tempt but makes no mention of…”
— 730 ILCS 5/5-9-3(e) — 7 cases
People v. Jake, 960 N.E.2d 45 (Ill. App. Ct. 2011). “The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require…”
People v. Williams, 2013 IL App (4th) 120313 (Ill. App. Ct. 2013). “7/13/10) WHEN FINES/ FEES ARE NOT TIMELY PAID (not part of the original sentencing judgment) Late Fee^ 725 ILCS 5/124A-10 5%-15% of unpaid amount Collection Fee 730 ILCS 5/5-9-3(e) 30% of unpaid amount -9-”
People v. Smith, 2014 IL App (4th) 121118 (Ill. App. Ct. 2014). “05 collection fee (730 ILCS 5/5-9-3(e) (West 2008)). Specifically, defendant argues the collection fee is improper because "the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture" was never set by the court and consequently, defendant…”
People v. Smith, 2018 IL App (1st) 151402 (Ill. App. Ct. 2018). “Unpaid fines and fees may also be the subject of collection actions initiated by the State's Attorney, which entail a 30% surcharge plus 9% interest on the unpaid amount ( 730 ILCS 5/5-9-3(e) (West 2016) ), and unpaid fines carry with them the threat of imprisonment for an…”
People v. Williams, 2013 IL App (2d) 120094 (Ill. App. Ct. 2014). “-7- ¶ 41 Under section 5-9-3(e) of the Unified Code of Corrections (730 ILCS 5/5-9-3(e) (West 2008)), the State’s Attorney is authorized to retain attorneys and private collection agents to collect any defaults in payments of fines or fees.”
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