In making its detention determination under paragraph (b) of this subsection
(1) of this
Section, the court may use information in its findings offered at such a
hearing by way of proffer based upon reliable information presented by the
State, probation officer, or the minor. The filing of a petition for violation
of a condition of probation or of conditional discharge shall toll the period
of probation or of conditional discharge until the final determination of the
charge, and the term of probation or conditional discharge shall not run until
the hearing and disposition of the petition for violation.
(2) The court shall conduct a hearing of the alleged violation of
probation or of
conditional discharge. The minor shall not be held in detention longer than 15
days pending the determination of the alleged violation.
(3) At the hearing, the State shall have the burden of going forward with
the evidence and proving the violation by a preponderance of the evidence.
The evidence shall be presented in court with the right of confrontation,
cross-examination, and representation by counsel.
(4) If the court finds that the minor has
violated a condition at any time prior to the expiration or termination of the
period of probation or conditional discharge, it
may continue him or her on the existing sentence, with or without modifying
enlarging the conditions, or may revoke probation or conditional discharge and
impose any other sentence that was available under Section 5-710 at the time
of the initial sentence.
(5) The conditions of probation and of conditional discharge may be
reduced or enlarged by the court on motion of the probation officer or on its
own motion or at the request of the minor after notice and hearing under this
(6) Sentencing after revocation of probation or of conditional discharge
shall be under Section 5-705.
(7) Instead of filing a violation of probation or of conditional
discharge, the probation officer, with the concurrence of his or her
supervisor, may serve on the minor a notice of intermediate sanctions. The
notice shall contain the technical violation or violations involved, the date
or dates of the violation or violations, and the intermediate sanctions to be
imposed. Upon receipt of the notice, the minor shall immediately accept or
reject the intermediate sanctions. If the sanctions are accepted, they shall
be imposed immediately. If the intermediate sanctions are rejected or the
minor does not respond to the notice, a violation
of probation or of conditional discharge shall be immediately filed with the
court. The State's Attorney and the sentencing court shall be notified of the
notice of sanctions. Upon successful completion of the intermediate sanctions,
a court may not revoke probation or conditional discharge or impose additional
sanctions for the same violation. A notice of intermediate sanctions may not
be issued for any violation of probation or conditional discharge which could
warrant an additional, separate felony charge.
(Source: P.A. 90-590, eff. 1-1-99.)