CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/31-6

Sec. 31-6. Escape; failure to report to a penal institution or to report for periodic imprisonment.

Illinois Compiled Statute
720 ILCS 5/31-6
Offense Description
Escape from penal institution – felony
Offense Classification
Class 2 Felony, Class A Misdemeanor
Statutory Penalties & Sentencing Scope
3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/31-6 (Escape from penal institution – felony) is classified as a Class 2 Felony, Class A Misdemeanor. Statutory sentencing scope: 3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class 2 Felony, Class A Misdemeanor

3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 2 Felony, Class A Misdemeanor
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (5)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Escape from penal institution – felony 720 ILCS 5/31-6(a) Official ILGA · 720 ILCS 5/31-6(a) -> Class 2 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->
Escape from penal institution – misdemeanor 720 ILCS 5/31-6(b) Official ILGA · 720 ILCS 5/31-6(b) -> Class A Misdemeanor Release on Notice Release Eligible — ILGA.gov ->
Escape of sexually violent, detention order 720 ILCS 5/31-6(b-1) Official ILGA · 720 ILCS 5/31-6(b-1) -> Class 2 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->
Escape from peace officer 720 ILCS 5/31-6(c) Official ILGA · 720 ILCS 5/31-6(c) -> Class 2 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->
Escape while armed 720 ILCS 5/31-6(d) Official ILGA · 720 ILCS 5/31-6(d) -> Class 2 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 31-6. Escape; failure to report to a penal institution or to report for periodic imprisonment.

(a)

(a) A person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody of an employee of that institution commits a Class 2 felony; however, a person convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class 3 felony.

(b)

(b) A person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any penal institution or from the custody of an employee of that institution commits a Class A misdemeanor; however, a person convicted of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class B misdemeanor.

(b-1) A person in the custody of the Department of Human Services under the provisions of the Sexually Violent Persons Commitment Act under a detention order, commitment order, conditional release order, or other court order who intentionally escapes from any secure residential facility or from a Department employee or any of its agents commits a Class 2 felony.

(c)

(c) A person in the lawful custody of a peace officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody commits a Class 2 felony; however, a person in the lawful custody of a peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody commits a Class A misdemeanor.

(c-5) A person in the lawful custody of a peace officer for an alleged violation of a term or condition of probation, conditional discharge, parole, aftercare release, or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes from custody is guilty of a Class 2 felony.

(c-6) A person in the lawful custody of a peace officer for an alleged violation of a term or condition of supervision, probation, or conditional discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is guilty of a Class A misdemeanor.

(d)

(d) A person who violates this Section while armed with a dangerous weapon commits a Class 1 felony.

(Source: P.A. 98-558, eff. 1-1-14; 98-770, eff. 1-1-15.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/31-6 in Illinois?

Under Illinois law, 720 ILCS 5/31-6 (Escape from penal institution – felony) is classified as a Class 2 Felony, Class A Misdemeanor.

Sentencing Scope: 3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Is a court appearance mandatory for 720 ILCS 5/31-6 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 720 ILCS 5/31-6 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/31-6?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/31-6 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/31-6 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-31-6
Cross-Referenced ILCS Codes