Extended Terms for Felonies: When Allowed: Repeat Offenders

The court may sentence a person who has been convicted of a felony to an extended term of imprisonment if it finds one or more of the grounds specified in this Section. The finding of the court shall be incorporated in the record: CH. 80 DISPOSITION OF OFFENDERS

(a)The offender is a persistent offender whose commitment for an extended term is necessary for protection of the public. The court shall not make such a finding unless the offender is over twentyone

(21)years of age and has previously been convicted as an adult of two

(2)felonies or of one

(1)felony and two

(2)misdemeanors.

(b)The offender is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted. The court shall not make such a finding unless:

(1)the offender is being sentenced for two

(2)or more felonies, or is already under sentence of imprisonment for felony, or admits in open court the commission of one or more other felonies and asks that they be taken into account when he is sentenced; and

(2)the longest sentences of imprisonment authorized for each of the offender’s crimes, including admitted crimes taken into account, if made to run consecutively, would exceed in length the maximum of the extended term imposed.

(c)The offender is a dangerous, mentally abnormal person whose commitment for an extended term is necessary for protection of the public.

(1)The court shall not make such a finding unless the offender has been subjected to a psychiatric examination resulting in the conclusions that his mental condition is gravely abnormal;

(2)that his criminal conduct has been characterized by a pattern of repetitive or compulsive behavior or by persistent aggressive behavior with heedless indifference to consequences; and

(3)that such condition makes him a serious danger to others.