705 ILCS 135/5-10
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 135/ - Criminal and Traffic Assessment Act.|Article 5 - Assessment Procedures

(Section scheduled to be repealed on January 1, 2024)Sec. 5-10. Schedules; payment.(a) In each case, the court shall order an assessment at the time of sentencing, as set forth in this Act, for a defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court when the defendant is convicted of, pleads guilty to, or is placed on court supervision for a violation of a statute of this State or a similar local ordinance. The court may order a fine, restitution, or forfeiture on any violation that is being sentenced but shall order only one assessment from the Schedule of Assessments 1 through 13 of this Act for all sentenced violations in a case, that being the schedule applicable to the highest classified offense violation that is being sentenced, plus any conditional assessments under Section 15-70 of this Act applicable to any sentenced violation in the case.(b) If the court finds that the schedule of assessments will cause an undue burden on any victim in a case or if the court orders community service or some other punishment in place of the applicable schedule of assessments, the court may reduce the amount set forth in the applicable schedule of assessments or not order the applicable schedule of assessments.  If the court reduces the amount set forth in the applicable schedule of assessments, then all recipients of the funds collected will receive a prorated amount to reflect the reduction.(c) The court may order the assessments to be paid forthwith or within a specified period of time or in installments.(c-3) Excluding any ordered conditional assessment, if  the assessment is not paid within the period of probation, conditional  discharge, or supervision to which the defendant was originally sentenced,  the court may extend the period of probation, conditional discharge, or  supervision under Section 5-6-2 or 5-6-3.1 of the Unified Code of  Corrections, as applicable, until the assessment is paid or until  successful completion of public or community service set forth in  subsection (b) of Section 5-20 of this Act or the successful completion of the substance abuse  intervention or treatment program set forth in subsection (c-5) of this Section.(c-5) Excluding any ordered conditional assessment, the court may suspend the collection of the assessment; provided, the defendant agrees to enter a substance  abuse intervention or treatment program approved by the court; and further  provided that the defendant agrees to pay for all or some portion of the  costs associated with the intervention or treatment program.  In this case,  the collection of the assessment  shall be  suspended during the defendant's participation in the approved  intervention or treatment program. Upon successful  completion of the program, the defendant may apply to the court to reduce  the assessment imposed under this Section by any amount actually paid  by the defendant for his or her participation in the program.  The court shall not  reduce the assessment under this subsection unless the defendant  establishes to the satisfaction of the court that he or she has successfully  completed the intervention or treatment program. If the defendant's  participation is for any reason terminated before his or her successful completion  of the intervention or treatment program, collection of the entire  assessment imposed under this Act shall be enforced. Nothing in this  Section shall be deemed to affect or suspend any other fines, restitution  costs, forfeitures, or assessments imposed under this or any other Act.(d) Except as provided in Section 5-15 of this Act, the defendant shall pay to the clerk of the court and the clerk shall remit the assessment to the appropriate entity as set forth in the ordered schedule of assessments within one month of its receipt.(e) Unless a court ordered payment schedule is implemented or the assessment  requirements of this Act are waived under a court order, the clerk of  the circuit court may add to any unpaid assessments under this Act a delinquency  amount equal to 5% of the unpaid assessments that remain unpaid after 30 days, 10% of  the unpaid assessments that remain unpaid after 60 days, and 15% of the unpaid assessments  that remain unpaid after 90 days. Notice to those parties may be made by  signage posting or publication.  The additional delinquency amounts collected under this Section shall  be deposited into the Circuit Clerk Operations and Administration Fund and used to defray additional administrative costs incurred by the clerk of the  circuit court in collecting unpaid assessments.  (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)