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91_HB1813enr HB1813 Enrolled LRB9105512RCks 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 5-6-1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 5-6-1 as follows: 7 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1) 8 Sec. 5-6-1. Sentences of Probation and of Conditional 9 Discharge and Disposition of Supervision. The General 10 Assembly finds that in order to protect the public, the 11 criminal justice system must compel compliance with the 12 conditions of probation by responding to violations with 13 swift, certain and fair punishments and intermediate 14 sanctions. The Chief Judge of each circuit shall adopt a 15 system of structured, intermediate sanctions for violations 16 of the terms and conditions of a sentence of probation, 17 conditional discharge or disposition of supervision. 18 (a) Except where specifically prohibited by other 19 provisions of this Code, the court shall impose a sentence of 20 probation or conditional discharge upon an offender unless, 21 having regard to the nature and circumstance of the offense, 22 and to the history, character and condition of the offender, 23 the court is of the opinion that: 24 (1) his imprisonment or periodic imprisonment is 25 necessary for the protection of the public; or 26 (2) probation or conditional discharge would 27 deprecate the seriousness of the offender's conduct and 28 would be inconsistent with the ends of justice. 29 The court shall impose as a condition of a sentence of 30 probation, conditional discharge, or supervision, that the 31 probation agency may invoke any sanction from the list of HB1813 Enrolled -2- LRB9105512RCks 1 intermediate sanctions adopted by the chief judge of the 2 circuit court for violations of the terms and conditions of 3 the sentence of probation, conditional discharge, or 4 supervision, subject to the provisions of Section 5-6-4 of 5 this Act. 6 (b) The court may impose a sentence of conditional 7 discharge for an offense if the court is of the opinion that 8 neither a sentence of imprisonment nor of periodic 9 imprisonment nor of probation supervision is appropriate. 10 (c) The court may, upon a plea of guilty or a 11 stipulation by the defendant of the facts supporting the 12 charge or a finding of guilt, defer further proceedings and 13 the imposition of a sentence, and enter an order for 14 supervision of the defendant, if the defendant is not charged 15 with a Class A misdemeanor, as defined by the following 16 provisions of the Criminal Code of 1961: Sections 12-3.2; 17 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 18 21-1; paragraph (1) through (5), (8), (10), and (11) of 19 subsection (a) of Section 24-1; and Section 1 of the Boarding 20 Aircraft With Weapon Act; or a felony. If the defendant is 21 not barred from receiving an order for supervision as 22 provided in this subsection, the court may enter an order for 23 supervision after considering the circumstances of the 24 offense, and the history, character and condition of the 25 offender, if the court is of the opinion that: 26 (1) the offender is not likely to commit further 27 crimes; 28 (2) the defendant and the public would be best 29 served if the defendant were not to receive a criminal 30 record; and 31 (3) in the best interests of justice an order of 32 supervision is more appropriate than a sentence otherwise 33 permitted under this Code. 34 (d) The provisions of paragraph (c) shall not apply to a HB1813 Enrolled -3- LRB9105512RCks 1 defendant charged with violating Section 11-501 of the 2 Illinois Vehicle Code or a similar provision of a local 3 ordinance when the defendant has previously been: 4 (1) convicted for a violation of Section 11-501 of 5 the Illinois Vehicle Code or a similar provision of a 6 local ordinance or any similar law or ordinance of 7 another state; or 8 (2) assigned supervision for a violation of Section 9 11-501 of the Illinois Vehicle Code or a similar 10 provision of a local ordinance or any similar law or 11 ordinance of another state; or 12 (3) pleaded guilty to or stipulated to the facts 13 supporting a charge or a finding of guilty to a violation 14 of Section 11-503 of the Illinois Vehicle Code or a 15 similar provision of a local ordinance or any similar law 16 or ordinance of another state, and the plea or 17 stipulation was the result of a plea agreement. 18 The court shall consider the statement of the prosecuting 19 authority with regard to the standards set forth in this 20 Section. 21 (e) The provisions of paragraph (c) shall not apply to a 22 defendant charged with violating Section 16A-3 of the 23 Criminal Code of 1961 if said defendant has within the last 5 24 years been: 25 (1) convicted for a violation of Section 16A-3 of 26 the Criminal Code of 1961; or 27 (2) assigned supervision for a violation of Section 28 16A-3 of the Criminal Code of 1961. 29 The court shall consider the statement of the prosecuting 30 authority with regard to the standards set forth in this 31 Section. 32 (f) The provisions of paragraph (c) shall not apply to a 33 defendant charged with violating Sections 15-111, 15-112, 34 15-301, paragraph (b) of Section 6-104, Section 11-605, or HB1813 Enrolled -4- LRB9105512RCks 1 Section 11-1414 of the Illinois Vehicle Code or a similar 2 provision of a local ordinance. 3 (g) Except as otherwise provided in paragraph (i) of 4 this Section, the provisions of paragraph (c) shall not apply 5 to a defendant charged with violating Section 3-707, 3-708, 6 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar 7 provision of a local ordinance if the defendant has within 8 the last 5 years been: 9 (1) convicted for a violation of Section 3-707, 10 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or 11 a similar provision of a local ordinance; or 12 (2) assigned supervision for a violation of Section 13 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle 14 Code or a similar provision of a local ordinance. 15 The court shall consider the statement of the prosecuting 16 authority with regard to the standards set forth in this 17 Section. 18 (h) The provisions of paragraph (c) shall not apply to a 19 defendant under the age of 21 years charged with violating a 20 serious traffic offense as defined in Section 1-187.001 of 21 the Illinois Vehicle Code: 22 (1) unless the defendant, upon payment of the 23 fines, penalties, and costs provided by law, agrees to 24 attend and successfully complete a traffic safety program 25 approved by the court under standards set by the 26 Conference of Chief Circuit Judges. The accused shall be 27 responsible for payment of any traffic safety program 28 fees. If the accused fails to file a certificate of 29 successful completion on or before the termination date 30 of the supervision order, the supervision shall be 31 summarily revoked and conviction entered. The provisions 32 of Supreme Court Rule 402 relating to pleas of guilty do 33 not apply in cases when a defendant enters a guilty plea 34 under this provision; or HB1813 Enrolled -5- LRB9105512RCks 1 (2) if the defendant has previously been sentenced 2 under the provisions of paragraph (c) on or after January 3 1, 1998 for any serious traffic offense as defined in 4 Section 1-187.001 of the Illinois Vehicle Code. 5 (i) The provisions of paragraph (c) shall not apply to a 6 defendant charged with violating Section 3-707 of the 7 Illinois Vehicle Code or a similar provision of a local 8 ordinance if the defendant has been assigned supervision for 9 a violation of Section 3-707 of the Illinois Vehicle Code or 10 a similar provision of a local ordinance. 11 (j)(i)The provisions of paragraph (c) shall not apply 12 to a defendant charged with violating Section 6-303 of the 13 Illinois Vehicle Code or a similar provision of a local 14 ordinance when the revocation or suspension was for a 15 violation of Section 11-501 or a similar provision of a local 16 ordinance, a violation of Section 11-501.1 or paragraph (b) 17 of Section 11-401 of the Illinois Vehicle Code, or a 18 violation of Section 9-3 of the Criminal Code of 1961 if the 19 defendant has within the last 10 years been: 20 (1) convicted for a violation of Section 6-303 of 21 the Illinois Vehicle Code or a similar provision of a 22 local ordinance; or 23 (2) assigned supervision for a violation of Section 24 6-303 of the Illinois Vehicle Code or a similar provision 25 of a local ordinance. 26 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95; 27 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff. 28 1-1-98; 90-738, eff. 1-1-99; 90-784, eff. 1-1-99; revised 29 9-21-98.)