Non-Probationable List

SPAC Non-Probationable Offense List — Documents

In Illinois, crimes that are not eligible for probation are subject to mandatory minimum prison sentences. Probation eligibility is eliminated in one of two ways, by adding an offense to the statutory list of non-probationable crimes in 730 ILCS 5/5-5-3 or by stating in the sentencing provision of an individual offense that a term of imprisonment shall be imposed. Over the years SPAC has been asked repeatedly if there was a comprehensive list of non-probationable offenses so SPAC has developed that list.

To identify non-probationable offenses, SPAC used the Code of Corrections (730 ILCS 5/5-5-3), the Criminal Code of 2012 (720 ILCS 5/1-1 et seq.), the Controlled Substances Act (720 ILCS 570/100 et seq.), the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.), and the Vehicle Code(625 ILCS 5/1 et seq.) to identify offenses for which probation is prohibited. These are the offenses to which mandatory minimum prison sentences apply.

SPAC created two different resources for consumers of this information: the SPAC Non-Probationable Offenses Summary Table and the SPAC Non-Probationable Detailed Offense List.

The SPAC Non-Probationable Offenses Description and Data Dictionary has a description of the table and a data dictionary for the detailed offenses table.