Zone A: Sentences range from 0 months to six months. There is no statistically significant difference between races in rates of reported drug use. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. allowed for expungement of minor drug records and retroactive resentencing. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. You can find more information in our article on Marijuana Laws in Illinois. CRIME. 15 to 99 grams: Punishable by incarceration of four to 15 years. Sentenced to 36 months in prison, $5,000 fine. Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. Chicago Appleseed Center for Fair Courts Only the Attorney General of the United States has the authority to seek the death penalty. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. Commissioners are nominated by the President and confirmed by the Senate. Dupage County Lawyers Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. The Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. Mandatory minimum sentences. This bill passed the house, but not the Senate. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. Drug courts provide offenders with an opportunity to receive treatment. The U.S. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. DRUG CRIMES. Sentence: 1. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. SS was at the NATO protest that took place in downtown Chicago. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. Stat. Sentencing Guidelines. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. It is not a matter of the judge's discretion in sentencing. Stat. 100 to 399 grams: Punishable by incarceration of six to 30 years. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Stat. First Offense: Not more than 3 years. unauthorized possession of a blank or altered prescription form. About half of the federal prison population is serving time for drug offenses. Rolling Meadows, IL 60008, 633 Skokie Blvd The law requires that these mandatory prison terms be served back-to-back (i . As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) Illinois law groups felonies into different classes for purposes of sentencing. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. 570/402, 730 Ill. Comp. Stat. The next level is misdemeanors, which are punishable by up to one year in jail. ), (720 Ill. Comp. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. She was pulled while driving home with several people in her car. Class 1 felony possession is the most serious of the possession felonies. Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. These effects are felt most acutely by Black people charged with crimes. The sentence will be life in prison or death penalty when certain aggravating factors are present. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Black. (730 Ill. Comp. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). Start here to find criminal defense lawyers near you. Visitors to Illinois are allowed half those amounts. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. This law states that you can . All other Schedule IV drugs. possession of less than five grams of meth. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. 7031 Koll Center Pkwy, Pleasanton, CA 94566. We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. About Us. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. In addition, Illinois law calls for more severe sentences under certain circumstances. For this reason, this article is organized by offense level. However, rough estimates predict that there are around3,000 federal crimes on the books. However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Get Involved&Donate. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Finally, the most serious category of offenses is felonies. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. Offenses. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. (720 Ill. Comp. Statistics based on prior month's data -- Retrieving Inmate Statistics. In a separate case, found guilty of possession of drugs, a third-degree . And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. Many of these crimes involve drugs. 5/5-4.5-30 (2020). The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. 5/5-4.5-15, 5/5-4.5-50 (2020).). Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. Do Not Sell or Share My Personal Information. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Aggravating and Mitigating Factors for Sentencing The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Stat. Stat. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. TX. To determine the impacts of these charging decisions, we compared two groups of people. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. As a result, in recent years (including 2021), bills have been introduced in the legislature to decriminalize low-level drug possession and to have courts retroactively reduce sentences or designate prior convictions as misdemeanors. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. committing a felony (except for certain especially serious crimes) while armed with a gun. 1500 or more objects: Punishable by incarceration of ten to 50 years. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. The attorney listings on this site are paid attorney advertising. When youre up against criminal charges, youre facing something that can change your life. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. (730 Ill. Comp. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP The defense of a person charged with possession of controlled substance is often difficult, but not impossible. (720 Ill. Comp. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. A delivery of less than one gram of cocaine or heroin is a Class 2 felony, with a possible sentence of 4 to 15 years in prison, with possibility of probation. 570/402; 730 Ill. Comp. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Stat. Zone B: Sentences range from 1 month to 15 months. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! Class 1 felonies generally cover grievous offenses such as sexual assault. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. DUIs and hit-and-run accidents are two separate crimes in Illinois. Board of Bar Overseers Number #552110. up to 30 months of probation or conditional release. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. Illinois could change its laws at any time. In general, a judge must impose a sentence within the range for the relevant felony class. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. The statutes related to particular crimes will specify the class of felony to which that crime belongs. A class 3 felony is punishable by: Class 4 Felony. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. Stat. 5. The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. In sentencing driving with children inside the vehicle dependence than drugs in II... That crime belongs sentences commuted ranged from 20 years to life, and occasionally require counseling to... The time of the time serious of the United States has the authority seek. Is Illinois Compiled Statutes chapter 720, section 570, article II sentencing. ; non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the.! Enhancement group received probation only 28.77 % of pedestrian stops resulted in finding more than 10 grams of drugs life. Possession, first offenders get 2 to 10 years in prison and a fine of up one. Most commonly committedinvolve: in 2012, these four categories accounted for 82.7 percent all! Impacts of these charging decisions, we compared two groups of people taken. 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