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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/5-6-3.1
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act,
Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012 where a disposition of supervision is not prohibited by Section
5-6-1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21-1.3 of the Criminal Code of
1961 or the Criminal Code of 2012 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or | | participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical, psychological or psychiatric
| | treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) refrain from possessing a firearm or other
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his
| | own support at home or in a foster home; or
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(v) with the consent of the superintendent of the
| | facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
| | to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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(10) perform some reasonable public or community
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(11) comply with the terms and conditions of an order
| | of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti-crime program" as
| | defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
| | exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;
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(14) refrain from entering into a designated
| | geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
| | indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
| | equipped with an ignition interlock device as defined in Section 1-129.1 of the Illinois Vehicle Code; under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment; and
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(18) if placed on supervision for a sex offense as
| | defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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| (c-5) If payment of restitution as ordered has not been made, the victim shall file a
petition notifying the sentencing court, any other person to whom restitution is owed, and
the State's Attorney of the status of the ordered restitution payments unpaid at least 90
days before the supervision expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date, unless the hearing
is voluntarily waived by the defendant with the knowledge that waiver may result in an
extension of the supervision period or in a revocation of supervision. If the court does not
extend supervision, it shall issue a judgment for the unpaid restitution and direct the clerk
of the circuit court to file and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment against the
defendant for the amount covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to the defendant at his or her last known
address written notification that a civil judgment has been issued for the unpaid
restitution.
(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in clause (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or for a violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or high school equivalency testing if a fee is charged for those courses
or testing. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5-6-4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This subsection (k) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3-707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7-315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of 3 years after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection. This subsection does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender
Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (p), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(q) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (q), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(r) An offender placed on supervision for an offense under Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983) shall:
(i) not access or use a computer or any other device
| | with Internet capability without the prior written approval of the court, except in connection with the offender's employment or search for employment with the prior approval of the court;
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| (ii) submit to periodic unannounced examinations of
| | the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
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| (iii) submit to the installation on the offender's
| | computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
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| (iv) submit to any other appropriate restrictions
| | concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the court.
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| (s) An offender placed on supervision for an offense that is a sex offense as defined in Section 2 of the Sex Offender Registration Act that is committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses.
(t) An offender placed on supervision for a sex offense as defined in the Sex Offender
Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262) shall refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012.
(u) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred may impose probation fees upon receiving the transferred offender, as provided in subsection (i). The probation department from the original sentencing court shall retain all probation fees collected prior to the transfer.
(v) Except for restitution, and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-299, eff. 8-6-21; 103-379, eff. 7-28-23.)
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730 ILCS 5/5-6-3.2
(730 ILCS 5/5-6-3.2) (from Ch. 38, par. 1005-6-3.2)
Sec. 5-6-3.2.
(a) In counties with populations of 2,000,000 or more
inhabitants, the court may, after consideration of the factors set forth
in paragraph (c), require as a condition of probation that a person participate
in the Probation Challenge Program. Upon imposing such condition on the
person, the court shall provide the person with the address of the Program's
offices and the name of the Counselor Supervisor of the Program, and require
that the person present himself to the Counselor Supervisor at such address
by the close of office hours on the immediately succeeding day during which
the Program maintains regular office hours. The clerk of the court shall
promptly notify the Counselor Supervisor of each person who has been required
to participate in the Program as a condition of his probation and the date
on which such condition was imposed. Whether a person is eligible for
entry into the Program is a judicial determination.
(b) The condition that the person participate in the Probation Challenge
Program includes the specific conditions that the person present himself
to the Counselor Supervisor of such Program pursuant to paragraph (a),
that the person punctually appear for all meetings scheduled between him
and any personnel of such Program, and that the person strictly comply
with all rules prescribed by the Board of City College of Chicago pursuant
to Section 12 of the Probation Challenge Program Act. Violation of any of
the specific conditions set forth in this paragraph shall not be grounds
for revocation of probation, except where such violation has resulted in
the person's expulsion from the Program.
(c) In determining whether to require that a person participate in the
Probation Challenge Program as a condition of his probation, the court should consider
(1) Whether the person demonstrates a desire to avoid future conduct of
the type which resulted in his being sentenced to a term of probation;
(2) Whether the type of assistance offered by the Probation Challenge
Program is best suited to the person's needs;
(3) Whether the person appears, in light of his age and history, to be
a likely candidate for rehabilitation;
(4) Whether the person has access to the economic resources, and is exposed
to the type of social influences, which would enable him to attain the
types of goals established for clients of the Probation Challenge Program
without his participating in the Program;
(5) Whether the person demonstrates potential for accomplishing the types
of goals which would be established for him were he a client of the Probation
Challenge Program; and
(6) The need for limiting the number of participants in the Probation
Challenge Program to a level which can be efficiently managed by the personnel
of such Program.
(d) Participation by a person in the Probation Challenge Program shall
be for the duration of the person's term of probation. In the event the
person successfully attains all the goals which have been established for
him by his counselor and instructor in the Probation Challenge Program,
the court may, on its own motion, on the motion of the person's probation
officer or at the request of the person, terminate the person's probation
if, in the opinion of the court, such action would best serve the interests
of the person and the ends of justice.
(e) A person shall be expelled from the Probation Challenge Program upon
his violating for the fourth time any of the conditions set forth in
paragraph (b). A person who has been expelled from the Probation Challenge Program
shall not subsequently participate in such Program absent compelling reasons
in favor of such subsequent participation.
(Source: P.A. 84-1426.)
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730 ILCS 5/5-6-3.3 (730 ILCS 5/5-6-3.3) Sec. 5-6-3.3. Offender Initiative Program. (a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program. (a-1) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive practices, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, obstructing justice, or an offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program. (a-2) Exemptions. A defendant shall not be eligible for this Program if the offense he or she has been arrested for and charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection. (b) When a defendant is placed in the Program, after both the defendant and State's Attorney waive preliminary hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963, the court
shall enter an order specifying that
the proceedings shall be suspended while the defendant is participating in a Program of not less 12 months. (c) The conditions of the Program shall be that the
defendant: (1) not violate any criminal statute of this State or | | (2) refrain from possessing a firearm or other
| | (3) make full restitution to the victim or property
| | owner pursuant to Section 5-5-6 of this Code;
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| (4) obtain employment or perform not less than 30
| | hours of community service, provided community service is available in the county and is funded and approved by the county board; and
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| (5) attend educational courses designed to prepare
| | the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program.
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| (c-1) The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
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| (2) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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| (3) submit to periodic drug testing at a time,
| | manner, and frequency as ordered by the court;
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| (4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
| | (ii) attend school;
(iii) attend a non-residential program for youth;
| | (iv) contribute to his or her own support at home
| | (e) When the State's Attorney makes a factually specific offer of proof that the defendant has failed to successfully complete the Program or has violated any of the conditions of the Program, the court shall enter an order that the defendant has not successfully completed the Program and continue the case for arraignment pursuant to Section 113-1 of the Code of Criminal Procedure of 1963 for further proceedings as if the defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the court shall discharge the person and dismiss the
proceedings against the person.
(g) A person may only have one discharge and dismissal under
this Section within a 4-year period.
(h) Notwithstanding subsection (a-1), if the court finds that the defendant suffers from a substance abuse problem, then before the person participates in the Program under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of the Program under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of the Program, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to participate in the Program under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
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730 ILCS 5/5-6-3.4 (730 ILCS 5/5-6-3.4) Sec. 5-6-3.4. Second Chance Probation. (a) Whenever any person who has not previously been convicted of any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, and pleads guilty to, or is found guilty of, possession of less than 15 grams of a controlled substance; possession of
less than 15 grams of methamphetamine; or a probationable felony offense of possession of cannabis, theft, retail theft, forgery, deceptive practices, possession of a stolen motor vehicle, burglary, possession of burglary tools, disorderly conduct, criminal damage or trespass to property under Article 21 of the Criminal Code of 2012, criminal trespass to a residence, an offense involving fraudulent identification, or obstructing justice; or possession of cannabis, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under this Section. (a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, any offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection. (b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or | | (2) refrain from possessing a firearm or other
| | (3) make full restitution to the victim or property
| | owner under Section 5-5-6 of this Code;
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| (4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare
| | the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program;
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| (7) submit to periodic drug testing at a time and in
| | a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant; and
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| (8) perform a minimum of 30 hours of community
| | service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
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| (d) The court may, in addition to other conditions, require that the defendant:
(1) make a report to and appear in person before or
| | participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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| (2) undergo medical or psychiatric treatment, or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
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| (3) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
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| (4) support his or her dependents; or
(5) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
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| (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) A person may only have one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that the defendant suffers from a substance abuse problem, then before the person is placed on probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully fulfilling the terms and conditions of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully fulfill the terms and conditions of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall be ineligible to be placed on probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
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730 ILCS 5/5-6-3.5 (730 ILCS 5/5-6-3.5) Sec. 5-6-3.5. Appropriations to the Department of Human Services for services under the Offender Initiative Program and Second Chance Probation. (a) As used in this Section, "qualified program" means a program licensed, certified, or otherwise overseen by the Department of Human Services under the rules adopted by the Department. (b) Subject to appropriation, the Department of Human Services shall, in collaboration with the appropriate State agency, contract with counties and qualified programs to reimburse the counties and qualified programs for the following: (1) Services relating to defendants eligible for and | | participating in an Offender Initiative Program, subject to Section 5-6-3.3 of this Code, including:
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| (A) psychiatric treatment or treatment or
| | rehabilitation approved by the Department of Human Services as provided for in subsection (d) of Section 5-6-3.3 of this Code; and
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| (B) educational courses designed to prepare the
| | defendant for obtaining a high school diploma or to work toward passing the high school equivalency test or to work toward completing a vocational training program as provided for in subsection (c) of Section 5-6-3.3 of this Code.
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| (2) Services relating to defendants eligible for and
| | participating in Second Chance Probation, subject to Section 5-6-3.4 of this Code, including:
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| (A) psychiatric treatment or treatment or
| | rehabilitation approved by the Department of Human Services as provided for in subsection (d) of Section 5-6-3.4 of this Code; and
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| (B) educational courses designed to prepare the
| | defendant for obtaining a high school diploma or to work toward passing the high school equivalency test or to work toward completing a vocational training program as provided in subsection (c) of Section 5-6-3.4 of this Code.
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| (c) The Department of Human Services shall retain 5% of the moneys appropriated for the cost of administering the services provided by the Department.
(d) The Department of Human Services shall adopt rules and procedures for reimbursements paid to counties and qualified programs. Moneys received under this Section shall be in addition to moneys currently expended to provide similar services.
(e) Expenditure of moneys under this Section is subject to audit by the Auditor General.
(f) The Department of Human Services shall report to the General Assembly on or before January 1, 2016 and on or before each following January 1, for as long as the services are available, detailing the impact of existing services, the need for continued services, and any recommendations for changes in services or in the reimbursement for services.
(Source: P.A. 98-1124, eff. 8-26-14.)
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730 ILCS 5/5-6-3.6 (730 ILCS 5/5-6-3.6) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 103rd General Assembly establishes a program for first-time, non-violent offenders charged with certain weapons possession offenses. The General Assembly recognizes some persons, particularly in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offense Program. (b) A defendant is not eligible for this Program if: (1) the offense was committed during the commission | | of a violent offense as defined in subsection (h) of this Section;
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| (2) he or she has previously been convicted or placed
| | on probation or conditional discharge for any violent offense under the laws of this State, the laws of any other state, or the laws of the United States;
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| (3) he or she had a prior successful completion of
| | the First Time Weapon Offense Program under this Section;
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| (4) he or she has previously been adjudicated a
| | delinquent minor for the commission of a violent offense;
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| (5) (blank); or
(6) he or she has an existing order of protection
| | issued against him or her.
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| (b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offense Program, the court shall consider the following:
(1) the age, immaturity, or limited mental capacity
| | (2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
| | interest of the defendant's rehabilitation, including any employment or involvement in community, educational, training, or vocational programs;
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| (4) whether the defendant suffers from trauma, as
| | supported by documentation or evaluation by a licensed professional; and
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| (5) the potential risk to public safety.
(c) For an offense committed on or after January 1, 2018 (the effective date of Public Act 100-3) whenever an eligible person pleads guilty to an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offense Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person.
(d) The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit.
(e) The conditions of the Program shall be that the defendant:
(1) not violate any criminal statute of this State
| | or any other jurisdiction;
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| (2) refrain from possessing a firearm or other
| | (3) (blank);
(4) (blank);
(5) (blank);
(6) (blank);
(7) attend and participate in any Program activities
| | deemed required by the Program administrator, such as: counseling sessions, in-person and over the phone check-ins, and educational classes; and
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| (8) (blank).
(f) The Program may, in addition to other conditions, require that the defendant:
(1) obtain or attempt to obtain employment;
(2) attend educational courses designed to prepare
| | the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program;
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| (3) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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| (4) perform community service;
(5) pay all fines, assessments, fees, and costs; and
(6) comply with such other reasonable conditions as
| | (g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence.
(i) (Blank).
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 103-370, eff. 7-28-23.)
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730 ILCS 5/5-6-3.8 (730 ILCS 5/5-6-3.8) Sec. 5-6-3.8. Eligibility for programs restricted by felony background.
Any conviction entered prior to the effective date of this amendatory Act of the 101st General Assembly for: (1) felony possession of a controlled substance, or | | possession with intent to manufacture or deliver a controlled substance, in a total amount equal to or less than the amounts listed in subsection (a-5) of Section 402 of the Illinois Controlled Substances Act; or
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| (2) felony possession of methamphetamine, or
| | possession with intent to deliver methamphetamine, in an amount less than 3 grams; or any adjudication of delinquency under the Juvenile Court Act of 1987 for acts that would have constituted those felonies if committed by an adult, shall be treated as a Class A misdemeanor for the purposes of evaluating a defendant's eligibility for programs of qualified probation, impact incarceration, or any other diversion, deflection, probation, or other program for which felony background or delinquency background is a factor in determining eligibility.".
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(Source: P.A. 101-652, eff. 7-1-21 .)
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730 ILCS 5/5-6-4
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, modification or revocation of probation, of
conditional discharge or supervision or of a sentence of county impact
incarceration - hearing.
(a) Except in cases where
conditional discharge or supervision was imposed for a petty offense as
defined in Section 5-1-17, when a petition is filed charging a violation of
a condition, the court may:
(1) in the case of probation violations, order the | | issuance of a notice to the offender to be present by the County Probation Department or such other agency designated by the court to handle probation matters; and in the case of conditional discharge or supervision violations, such notice to the offender shall be issued by the Circuit Court Clerk; and in the case of a violation of a sentence of county impact incarceration, such notice shall be issued by the Sheriff;
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(2) order a summons to the offender to be present for
| |
(3) order a warrant for the offender's arrest where
| | there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons or notice from the clerk of the court or Sheriff.
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|
Personal service of the petition for violation of probation or
the issuance of such warrant, summons or notice shall toll the period of
probation, conditional discharge, supervision, or sentence of
county impact incarceration until
the final determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county impact
incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged violation. The
court shall admit the offender to pretrial release pending the hearing unless the
alleged violation is itself a criminal offense in which case the
offender shall be admitted to pretrial release on such terms as are provided in the
Code of Criminal Procedure of 1963, as amended. In any case where an
offender remains incarcerated only as a result of his alleged violation of
the court's earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be held within
14 days of the onset of
said incarceration, unless the alleged violation is the commission of
another offense by the offender during the period of probation, supervision
or conditional discharge in which case such hearing shall be held within
the time limits described in Section 103-5 of the Code of Criminal
Procedure of 1963, as amended.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Probation, conditional discharge, periodic imprisonment and
supervision shall not be revoked for failure to comply with conditions
of a sentence or supervision, which imposes financial obligations upon the
offender unless such failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence, with or without modifying or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing.
If the court finds that the person has failed to successfully complete his or
her sentence to a county impact incarceration program, the court may impose any
other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial
sentencing,
except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender. If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge, of
supervision, or of a sentence of county impact incarceration may be
modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after
notice and a hearing.
(g) A judgment revoking supervision, probation, conditional
discharge, or a sentence of county impact incarceration is a final
appealable order.
(h) Resentencing after revocation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise. The amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration, an agent or
employee of the
supervising agency with the concurrence of his or
her
supervisor may serve on the defendant 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 defendant 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
defendant does not respond to the Notice, a violation of probation, conditional
discharge, supervision, or a sentence of county impact incarceration
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, conditional discharge, supervision, or a
sentence of county impact incarceration or impose
additional sanctions for the same violation.
A notice of intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence of county
impact incarceration which could warrant an
additional, separate felony charge.
The intermediate sanctions shall include a term of home detention as provided
in Article 8A of Chapter V of this Code for multiple or repeat violations of
the terms and conditions of a sentence of probation, conditional discharge, or
supervision.
(j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.
(k)(1) On and after the effective date of this amendatory Act of the 101st General Assembly, this subsection (k) shall apply to arrest warrants in Cook County only. An arrest
warrant issued under paragraph (3) of subsection (a) when the underlying conviction is for the offense of theft, retail theft, or possession of a controlled substance shall
remain active for a period not to exceed 10 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. A motion to
extend the warrant shall be filed within one year before the warrant expiration date
and notice shall be provided to the
office of the sheriff.
(2) If a motion to extend a warrant issued under paragraph (3)
of subsection (a) is not filed,
the warrant shall be quashed and recalled as a
matter of law under paragraph (1) of this subsection (k) and
the wanted person's period of probation, conditional
discharge, or supervision shall terminate unsatisfactorily as
a matter of law.
(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23 .)
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730 ILCS 5/5-6-4.1 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) Sec. 5-6-4.1. Violation, modification or revocation of
conditional discharge or supervision - hearing.)
(a) In cases where a defendant was placed upon supervision or conditional
discharge for the commission of a petty offense, upon the oral or written
motion of the State, or on the court's own motion, which charges that a
violation of a condition of that conditional discharge or supervision has
occurred, the court may:
(1) conduct a hearing instanter if the offender is | |
(2) order the issuance by the court clerk of a notice
| | to the offender to be present for a hearing for violation;
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|
(3) order summons to the offender to be present; or
(4) order a warrant for the offender's arrest.
The oral motion, if the defendant is present, or the issuance of such warrant,
summons or notice shall toll the period of conditional discharge or supervision
until the final determination of the charge, and the term of conditional
discharge or supervision shall not run until the hearing and disposition
of the petition for violation.
(b) The Court shall admit the offender to pretrial release pending the hearing.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Conditional discharge or supervision shall not be revoked for failure
to comply with the conditions of the discharge or supervision which imposed
financial obligations upon the offender unless such failure is due to his
wilful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence or supervision with or without modifying
or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V
of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing.
(f) The conditions of conditional discharge and of
supervision may be modified by the court on motion of the probation
officer or on its own motion or at the request of the offender after
notice to the defendant and a hearing.
(g) A judgment revoking supervision is a final appealable order.
(h) Resentencing after revocation of conditional
discharge or of supervision shall be under Article 4. Time served on
conditional discharge or supervision shall be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise.
(Source: P.A. 101-652, eff. 1-1-23 .)
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730 ILCS 5/Ch. V Art. 7
(730 ILCS 5/Ch. V Art. 7 heading)
ARTICLE 7.
SENTENCE OF PERIODIC IMPRISONMENT
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730 ILCS 5/5-7-1 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of periodic imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released for
periods of time during the day or night or for periods of days, or both,
or if convicted of a felony, other than first degree murder, a Class X or
Class 1 felony, committed to any county, municipal, or regional
correctional or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court orders otherwise,
the particular times and conditions of release shall be determined by
the Department of Corrections, the sheriff, or the Superintendent of the
house of corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed to permit the
defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed | | occupation including housekeeping;
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(4) attend to family needs;
(5) attend an educational institution, including
| |
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
| | regional correctional or detention institution or facility;
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(8) continue to reside at home with or without
| | supervision involving the use of an approved electronic monitoring device, subject to Article 8A of Chapter V; or
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(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this Code,
the court may impose a sentence of periodic imprisonment for a
felony or misdemeanor on a person who is 17 years of age or older. The
court shall not impose a sentence of periodic imprisonment if it imposes
a sentence of imprisonment upon the defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a definite
term of from 3 to 4 years for a Class 1 felony, 18 to 30 months
for a Class 2 felony, and up to 18 months, or the longest sentence of
imprisonment that could be imposed for the offense, whichever is less, for
all other offenses; however, no person shall be sentenced to a term of
periodic imprisonment longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with that sentence
participate in a county work release program comparable to the work and day
release program provided for in Article 13 of Chapter III of this Code in State facilities. The term of the sentence shall be
calculated upon the basis of the duration of its term rather than upon
the basis of the actual days spent in confinement. No sentence
of periodic imprisonment shall be subject to the good time
credit provisions of Section 3-6-3 of this Code.
(e) When the court imposes a sentence of periodic imprisonment, it
shall state:
(1) the term of such sentence;
(2) the days or parts of days which the defendant is
| |
(3) the conditions.
(f) The court may issue an order of protection pursuant to the
Illinois Domestic Violence Act of 1986 as a condition of a sentence of
periodic imprisonment. The Illinois Domestic Violence Act of 1986 shall
govern the issuance, enforcement and recording of orders of protection
issued under this Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for the case.
(f-5) An offender sentenced to a term of periodic imprisonment for a
felony sex
offense as defined in the Sex Offender Management Board Act shall be required
to undergo and successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act.
(g) An offender sentenced to periodic imprisonment who undergoes mandatory
drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable
fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall be in the
form of an administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing,
alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(h) All fees and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the
circuit clerk as provided under the Criminal and Traffic Assessment Act.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(i) A defendant at least 17 years of age who is
convicted of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted
of a misdemeanor or a felony and who is sentenced to a term of periodic
imprisonment may as a condition of his or her sentence be required by the
court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward receiving a
high school
diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program
approved by the court. The defendant sentenced to periodic imprisonment must
attend a public institution of education to obtain the educational or
vocational training required by this subsection (i). The defendant sentenced
to a term of periodic imprisonment shall be required to pay for the cost of the
educational courses or high school equivalency testing if a fee is charged for those courses or testing.
The court shall
revoke the sentence of periodic imprisonment of the defendant who wilfully
fails
to comply with this subsection (i). The court shall resentence the defendant
whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This
subsection (i) does not apply to a defendant who has a high school diploma or
has successfully passed high school equivalency testing. This subsection (i) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
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730 ILCS 5/5-7-2
(730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
Sec. 5-7-2. Modification and Revocation. (a) A sentence of periodic imprisonment may be modified or revoked
by the court if:
(1) the offender commits another offense; or
(2) the offender violates any of the conditions of | |
(3) the offender violates any rule or regulation of
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(b) If the offender violates the order of periodic imprisonment, the
Department of Corrections, the sheriff, or the superintendent of the
house of corrections shall report such violation to the
court.
(c) The court shall not modify or revoke a sentence of periodic
imprisonment unless the offender has been given written notice and
afforded a hearing under Section 5-6-4. If the offender is
incarcerated as a result of his alleged violation of the court's
prior order, such hearing shall be held within 14 days of the
onset of said incarceration. Where a sentence of periodic
imprisonment is revoked, the court may impose any other sentence that
was available at the time of initial sentencing.
(Source: P.A. 95-35, eff. 1-1-08.)
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