§ 411

In determining the appropriate sentence for any conviction under this Act, the sentencing court may consider the following as indicative of the type of offenses which the legislature deems most damaging to the peace and welfare of the citizens of Illinois and which warrants the most severe penalties: (1) the unlawful delivery of the most highly toxic controlled substances, as reflected by their inclusion in Schedule I or II of this Act; (2) offenses involving unusually large quantities of controlled substances, as measured by their wholesale value at the time of the offense; (3) the unlawful delivery of controlled substances by a non-user to a user of controlled substances; (4) non-possessory offenses by persons who have no other visible means of support; (5) offenses involving the large-scale manufacture of controlled substances; (6) offenses which indicate any immediate involvement whatsoever with organized crime in terms of the controlled substance's manufacture, importation, or volume distribution; (7) the manufacture for, or the delivery of controlled substances to persons 3 years or more junior to the person(s) convicted under this Act; (8) the unlawful delivery of anabolic steroids by an athletic trainer, coach, or health club personnel; (9) the possession, delivery, or manufacture of controlled substances or cannabis in the presence of a child under 17 years of age. Nothing in this section shall be construed as limiting in any way the discretion of the court to impose any sentence authorized by this Act.

Legislative History

(Source: P.A. 94-172, eff. 1-1-06.)