Sen. Jacqueline Y. Collins

Filed: 4/5/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1583 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-4 as follows:
6    (730 ILCS 5/5-6-4)  (from Ch. 38, par. 1005-6-4)
7    Sec. 5-6-4. Violation, Modification or Revocation of
8Probation, of Conditional Discharge or Supervision or of a
9sentence of county impact incarceration - Hearing.
10    (a) Except in cases where conditional discharge or
11supervision was imposed for a petty offense as defined in
12Section 5-1-17, when a petition is filed charging a violation
13of a condition, the court may:
14        (1) in the case of probation violations, order the
15    issuance of a notice to the offender to be present by the
16    County Probation Department or such other agency



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1    designated by the court to handle probation matters; and in
2    the case of conditional discharge or supervision
3    violations, such notice to the offender shall be issued by
4    the Circuit Court Clerk; and in the case of a violation of
5    a sentence of county impact incarceration, such notice
6    shall be issued by the Sheriff;
7        (2) order a summons to the offender to be present for
8    hearing; or
9        (3) order a warrant for the offender's arrest where
10    there is danger of his fleeing the jurisdiction or causing
11    serious harm to others or when the offender fails to answer
12    a summons or notice from the clerk of the court or Sheriff.
13    Personal service of the petition for violation of probation
14or the issuance of such warrant, summons or notice shall toll
15the period of probation, conditional discharge, supervision,
16or sentence of county impact incarceration until the final
17determination of the charge, and the term of probation,
18conditional discharge, supervision, or sentence of county
19impact incarceration shall not run until the hearing and
20disposition of the petition for violation.
21    (b) The court shall conduct a hearing of the alleged
22violation. The court shall admit the offender to bail pending
23the hearing unless the alleged violation is itself a criminal
24offense in which case the offender shall be admitted to bail on
25such terms as are provided in the Code of Criminal Procedure of
261963, as amended. In any case where an offender remains



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1incarcerated only as a result of his alleged violation of the
2court's earlier order of probation, supervision, conditional
3discharge, or county impact incarceration such hearing shall be
4held within 14 days of the onset of said incarceration, unless
5the alleged violation is the commission of another offense by
6the offender during the period of probation, supervision or
7conditional discharge in which case such hearing shall be held
8within the time limits described in Section 103-5 of the Code
9of Criminal Procedure of 1963, as amended.
10    (c) The State has the burden of going forward with the
11evidence and proving the violation by the preponderance of the
12evidence. The evidence shall be presented in open court with
13the right of confrontation, cross-examination, and
14representation by counsel.
15    (d) Probation, conditional discharge, periodic
16imprisonment and supervision shall not be revoked for failure
17to comply with conditions of a sentence or supervision, which
18imposes financial obligations upon the offender unless such
19failure is due to his willful refusal to pay.
20    (e) If the court finds that the offender has violated a
21condition at any time prior to the expiration or termination of
22the period, it may continue him on the existing sentence, with
23or without modifying or enlarging the conditions, or may impose
24any other sentence that was available under Article 4.5 of
25Chapter V of this Code or Section 11-501 of the Illinois
26Vehicle Code at the time of initial sentencing. If the court



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1finds that the person has failed to successfully complete his
2or her sentence to a county impact incarceration program, the
3court may impose any other sentence that was available under
4Article 4.5 of Chapter V of this Code or Section 11-501 of the
5Illinois Vehicle Code at the time of initial sentencing, except
6for a sentence of probation or conditional discharge. If the
7court finds that the offender has violated paragraph (8.6) of
8subsection (a) of Section 5-6-3, the court shall revoke the
9probation of the offender. If the court finds that the offender
10has violated subsection (o) of Section 5-6-3.1, the court shall
11revoke the supervision of the offender.
12    (f) The conditions of probation, of conditional discharge,
13of supervision, or of a sentence of county impact incarceration
14may be modified by the court on motion of the supervising
15agency or on its own motion or at the request of the offender
16after notice and a hearing.
17    (g) A judgment revoking supervision, probation,
18conditional discharge, or a sentence of county impact
19incarceration is a final appealable order.
20    (h) Resentencing after revocation of probation,
21conditional discharge, supervision, or a sentence of county
22impact incarceration shall be under Article 4. The term on
23probation, conditional discharge or supervision shall not be
24credited by the court against a sentence of imprisonment or
25periodic imprisonment unless the court orders otherwise. The
26amount of credit to be applied against a sentence of



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1imprisonment or periodic imprisonment when the defendant
2served a term or partial term of periodic imprisonment shall be
3calculated upon the basis of the actual days spent in
4confinement rather than the duration of the term.
5    (i) Instead of filing a violation of probation, conditional
6discharge, supervision, or a sentence of county impact
7incarceration, an agent or employee of the supervising agency
8with the concurrence of his or her supervisor may serve on the
9defendant a Notice of Intermediate Sanctions. The Notice shall
10contain the technical violation or violations involved, the
11date or dates of the violation or violations, and the
12intermediate sanctions to be imposed. Upon receipt of the
13Notice, the defendant shall immediately accept or reject the
14intermediate sanctions. If the sanctions are accepted, they
15shall be imposed immediately. If the intermediate sanctions are
16rejected or the defendant does not respond to the Notice, a
17violation of probation, conditional discharge, supervision, or
18a sentence of county impact incarceration shall be immediately
19filed with the court. The State's Attorney and the sentencing
20court shall be notified of the Notice of Sanctions. Upon
21successful completion of the intermediate sanctions, a court
22may not revoke probation, conditional discharge, supervision,
23or a sentence of county impact incarceration or impose
24additional sanctions for the same violation. A notice of
25intermediate sanctions may not be issued for any violation of
26probation, conditional discharge, supervision, or a sentence



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1of county impact incarceration which could warrant an
2additional, separate felony charge. The intermediate sanctions
3shall include a term of home detention as provided in Article
48A of Chapter V of this Code for multiple or repeat violations
5of the terms and conditions of a sentence of probation,
6conditional discharge, or supervision.
7    (j) When an offender is re-sentenced after revocation of
8probation that was imposed in combination with a sentence of
9imprisonment for the same offense, the aggregate of the
10sentences may not exceed the maximum term authorized under
11Article 4.5 of Chapter V.
12    (k)(1) An arrest warrant issued under paragraph (3) of
13subsection (a) when the underlying conviction is for the
14offense of theft, retail theft, or possession of a controlled
15substance shall remain active for a period not to exceed 10
16years from the date the warrant was issued unless a motion to
17extend the warrant is filed by the office of the State's
18Attorney or by, or on behalf of, the agency supervising the
19wanted person. A motion to extend the warrant shall be filed
20within one year before the warrant expiration date and notice
21shall be provided to the office of the sheriff.
22    (2) If a motion to extend a warrant issued under paragraph
23(3) of subsection (a) is not filed, the warrant shall be
24quashed and recalled as a matter of law under paragraph (1) of
25this subsection (k) and the wanted person's period of
26probation, conditional discharge, or supervision shall



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1terminate unsatisfactorily as a matter of law.
2(Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09;
396-1200, eff. 7-22-10.)
4    Section 99. Effective date. This Act takes effect January
51, 2020.".