No. 2--06--1217
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of probation on the Criminal Code conviction, then section 5--5--6 of the Unified Code of
Corrections (730 ILCS 5/5--5--6 (West 2006)) would apply.
Section 5--5--6, which does not place a cap on the restitution amount, states:
"In all convictions for offenses in violation of the Criminal Code of 1961 in which
the person received any injury to their person or damage to their real or personal property as
a result of the criminal act of the defendant, the court shall order restitution as provided in
this Section. In all other cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine whether restitution is an
appropriate sentence to be imposed on each defendant convicted of an offense." (Emphasis
added.) 730 ILCS 5/5--5--6 (West 2006).
See also People v. Hasprey, 194 Ill. 2d 84, 86 (2000) (section 5--5--6 applies to restitution for
violations only of the Criminal Code, not the Illinois Vehicle Code).
We disagree with the State that section 5--5--6 of the Unified Code of Corrections applies.
In its statement of the terms of the plea agreement, the State recited: "And the sentence to count [III],
would be, to the aggravated DUI, 48 months probation *** [and] $2,700 restitution to the Oregon
Fire Department, *** and that would be pursuant to statute as to the emergency response to the
scene." (Emphasis added.) The record shows that the $2,700 was imposed as a condition of
probation on the Illinois Vehicle Code conviction, not the Criminal Code conviction. Moreover, the
State's specification that the $2,700 was for a public agency for an emergency response parallels the
specific language in section 11--501(m) of the Illinois Vehicle Code, rather than the general language
regarding restitution in section 5--5--6 of the Unified Code of Corrections. Because the restitution
