2023 Illinois Compiled Statutes › Chapter 730 - CORRECTIONS › 730 ILCS 5/ - Unified Code of Corrections. › Chapter VIII - Miscellaneous

(730 ILCS 5/Ch. VIII heading)
CHAPTER VIII.  
		MISCELLANEOUS
(730 ILCS 5/Ch. VIII Art. 1 heading)
ARTICLE 1.  
		CUMULATIVE EFFECT
(730 ILCS 5/8-1-1) (from Ch. 38, par. 1008-1-1)
Sec. 8-1-1. 
		Cumulative powers.
The provisions of this Code shall be cumulative in effect and if any
provision is inconsistent with another provision of this Code or with any
other Act not expressly repealed by Section 8-5-1, it shall be considered
as an alternative or additional power and not as a limitation upon any
other power granted to or possessed by the Department of Corrections.
(Source: P.A. 78-939.)
(730 ILCS 5/8-1-2) (from Ch. 38, par. 1008-1-2)
Sec. 8-1-2. 
		Powers of State Agencies.
The provisions of this Code do not impair, alter, modify or repeal any
of the jurisdiction or powers possessed by any department, board,
commission, or officer of the State government immediately prior to the
effective date of this Code.
(Source: P.A. 77-2097.)
(730 ILCS 5/Ch. VIII Art. 2 heading)
ARTICLE 2.  
		SAVINGS PROVISIONS
(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
Sec. 8-2-1. Saving clause. 
The repeal of Acts or parts of Acts enumerated in Section 8-5-1 does
not: (1) affect any offense committed, act done, prosecution pending,
penalty, punishment or forfeiture incurred, or rights, powers or remedies
accrued under any law in effect immediately prior to the effective date of
this Code; (2) impair, avoid, or affect any grant or conveyance made or
right acquired or cause of action then existing under any such repealed Act
or amendment thereto; (3) affect or impair the validity of any pretrial release or other obligation issued or sold and constituting a valid
obligation of the issuing authority immediately prior to the effective date
of this Code; (4) the validity of any contract; or (5) the validity of any
tax levied under any law in effect prior to the effective date of this
Code. The repeal of any validating Act or part thereof shall not avoid the
effect of the validation. No Act repealed by Section 8-5-1 shall repeal any
Act or part thereof which embraces the same or a similar subject matter as
the Act repealed.
(Source: P.A. 101-652, eff. 1-1-23.)
(730 ILCS 5/8-2-2) (from Ch. 38, par. 1008-2-2)
Sec. 8-2-2. 
		Continuation of prior law.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Code such
reference shall be held to refer to the Act or Section thereof so continued
in this Code.
(Source: P.A. 77-2097.)
(730 ILCS 5/8-2-3) (from Ch. 38, par. 1008-2-3)
Sec. 8-2-3. 
		Existing indebtedness.
Any bond or other evidence of indebtedness issued under the provisions
of any Act repealed by this Code which is outstanding and unpaid on the
effective date of this Code shall be amortized and retired by taxation or
revenue in the manner provided by the Act under which such indebtedness was
incurred, notwithstanding the repeal of such Act.
However, the provisions of this Section shall not be construed to
prevent the refunding of any such indebtedness under the provisions of this
Code or as may be otherwise provided by law.
(Source: P.A. 77-2097.)
(730 ILCS 5/8-2-4) (from Ch. 38, par. 1008-2-4)
Sec. 8-2-4. 
		Prosecutions Continued; Applicable Sentencing
Provisions.
(a) Prosecution for any violation of law occurring
prior to January 1, 1973, is not affected or abated by the
Unified Code of Corrections. If the offense being prosecuted
has not reached the sentencing stage or a final adjudication
by January 1, 1973, then for purposes of sentencing the
sentences under the Unified Code of Corrections apply if
they are less than under the prior law upon which the
prosecution was commenced.
(b) Prosecution for any violation of law occurring before
the effective date of this amendatory Act of 1977 is not
affected or abated by this amendatory Act of 1977.  If the
defendant has not been sentenced before the effective date
of this amendatory Act of 1977, he shall have the right to
elect to be sentenced under the law as it existed at the time
of his offense or under the law in effect on and after the
effective date of this amendatory Act of 1977.  If a sentence
has been imposed before the effective date of this amendatory
Act of 1977, the defendant shall not have the right of election
even though his case has not been finally adjudicated on appeal;
however, where eligible, he shall have the rights provided by
Section 3-3-2.1 of this Code.
(Source: P.A. 80-1099.)
(730 ILCS 5/Ch. VIII Art. 3 heading)
ARTICLE 3.  
		CHAPTER, ARTICLE OR
SECTION HEADINGS - EFFECT -
REFERENCES THERETO
(730 ILCS 5/8-3-1) (from Ch. 38, par. 1008-3-1)
Sec. 8-3-1. 
		Chapter, Article or Sections Headings-Effect.
Chapter Article or Section headings contained in this Code shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any Chapter, Article or Section hereof.
(Source: P.A. 77-2097.)
(730 ILCS 5/8-3-2) (from Ch. 38, par. 1008-3-2)
Sec. 8-3-2. 
		References to headings.
Where, in this Code, reference is made to a Section, Article or Chapter
by its number and no Act is specified, the reference is to the
correspondingly numbered Section, Article or Chapter of this Code. Where
reference is made to "this Chapter" or "this Article" or "this Section" and
no Act is specified, the reference is to the Chapter, Article or Section of
this Code in which the reference appears. If any Section, Article or
Chapter of this Code is hereafter amended, the reference shall thereafter
be treated and considered as a reference to the Section, Article or Chapter
as so amended.
(Source: P.A. 77-2097.)
(730 ILCS 5/Ch. VIII Art. 4 heading)
ARTICLE 4.  
		SEVERABILITY
(730 ILCS 5/8-4-1) (from Ch. 38, par. 1008-4-1)
Sec. 8-4-1. 
		Severability of invalid provisions.
If any provision of this Code or application thereof to any person or
circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Code which can be given effect without
the invalid application or provision, and to this end the provisions of
this Code are declared to be severable.
(Source: P.A. 77-2097.)
(730 ILCS 5/Ch. VIII Art. 5 heading)
ARTICLE 5.  
		REPEAL
(730 ILCS 5/8-5-1) (from Ch. 38, par. 1008-5-1)
Sec. 8-5-1. 
		Repeals.
The following Acts and parts of Acts are repealed:
The "Juvenile Offenders Act", approved June 30, 1953, as amended.
"An Act relating to the establishment, operation and maintenance of the
Illinois Industrial School for Boys and to repeal an Act named therein",
approved June 30, 1953.
"An Act in relation to the Illinois State Training School for Boys",
approved May 10, 1901, as amended.
"An Act in relation to the Illinois State Training School for Girls, and
to repeal an Act named therein", approved June 30, 1953.
"An Act to establish and provide for a State Reformatory for Women",
approved June 30, 1927, as amended.
Section 1-7 of the "Criminal Code of 1961", approved July 28, 1961, as
amended.
Section 38a of the "Uniform Narcotic Drug Act", approved July 11, 1957,
as amended.
Sections 104-1, 104-2, 104-3, 113-7, 117-1, 117-2, 117-3, 118-1, 118-2,
119-1, 119-2, 119-3, 119-4, 123-1, 123-2, 123-3, 123-4, 123-6, 123-7, and
124-2 of the "Code of Criminal Procedure of 1963", approved August 14,
1963, as amended.
"An Act authorizing the Governor to enter into certain reciprocal
agreements with other states", approved January 7, 1936, as amended.
"An Act in relation to the employment of persons committed to a county
jail, house of correction or workhouse", approved July 17, 1959, as
amended.
"An Act in relation to imprisonment for nonpayment of a fine imposed for
violation of an ordinance, resolution, rule or regulation of a political
entity", approved August 13, 1963.
"An Act to regulate the manner of applying for pardons, reprieves and
commutations", approved May 31, 1879.
"An Act in relation to pardons and the commutation of sentences",
approved June 5, 1897, as amended.
"An Act in relation to the penitentiary at Joliet, to be entitled, 'An
Act to provide for the management of the Illinois State Penitentiary at
Joliet'", approved June 16, 1871, as amended.
"An Act to regulate the labor of convicts of the penitentiary of the
State", approved March 25, 1874, as amended.
"An Act in relation to certain rights of persons convicted of crime",
approved June 26, 1925, as amended.
"An Act in relation to merger of certain sentences", approved July 9,
1957.
"An Act to secure the clergymen of all denominations free access to the
penitentiary at Joliet and all other penal, reformatory and charitable
institutions in the State of Illinois", approved March 28, 1874, as
amended.
"An Act to give to the authorities of penitentiaries, in the State of
Illinois, police powers on grounds owned or leased by the State in
connection with said penitentiaries", approved May 30, 1881.
"An Act to regulate the employment of convicts and prisoners in penal
and reformatory institutions and regulating the disposition of the products
of convict or prison labor", approved May 11, 1903, as amended.
"An Act authorizing the employment of inmates in the penal and
reformatory institutions of the State for manufacturing materials and
machinery used in the construction and maintenance of State highways",
approved May 18, 1905, as amended.
"An Act to authorize the employment of convicts and prisoners in the
penal and reformatory institutions of the State of Illinois in the
preparation of road building materials and in working on the public roads,
etc.", approved June 28, 1913, as amended.
"An Act in relation to the Illinois State penitentiary", approved June
30, 1933, as amended.
"An Act concerning furloughs for qualified inmates of the State prison
system for certain purposes", approved July 31, 1969.
"An Act for the identification of habitual criminals", approved April
15, 1889, as amended.
"An Act to revise the law in relation to the fixing of the punishment
and the sentence and commitment of persons convicted of crime or offenses,
and providing for a system of parole", approved June 25, 1917, as amended.
"An Act in relation to the Illinois State Farm", approved June 27, 1923,
as amended.
Sections 5.11a, 6.05, 55a.1, 55a.2, 55b, 55c, 55c.1, 55d, 55e, 55f, 55g,
55h of "The Civil Administrative Code of Illinois", approved March 7, 1917,
as amended.
"An Act relating to the establishment, maintenance and operation of
certain transitional institutions by the Department of Corrections",
approved August 16, 1963, as amended.
"An Act to establish a professional apprentice system within the
Department of Corrections", approved August 16, 1963, as amended.
"An Act ratifying and approving the Interstate corrections compact and
providing for the administration thereof", approved August 4, 1971.
Public Act No. 77-358.
Public Act No. 77-359.
Public Act No. 77-365.
Public Act No. 77-366.
Public Act No. 77-367.
Public Act No. 77-368.
Public Act No. 77-432.
Public Act No. 77-448.
Public Act No. 77-449.
Public Act No. 77-451.
Public Act No. 77-453.
Public Act No. 77-454.
Public Act No. 77-455.
Public Act No. 77-458.
Public Act No. 77-651.
Public Act No. 77-661.
Public Act No. 77-768.
Public Act No. 77-1425.
(Source: P.A. 77-2097.)
(730 ILCS 5/Ch. VIII Art. 6 heading)
ARTICLE 6.  
		EFFECTIVE DATE
(730 ILCS 5/8-6-1) (from Ch. 38, par. 1008-6-1)
Sec. 8-6-1. 
		Effective Date.
This Act shall take effect January 1, 1973.
(Source: P.A. 77-2097.)