Public Act 90-0784 of the 90th General Assembly
Public Act 90-0784
SB1471 Enrolled LRB9006300NTsb
AN ACT to amend the Unified Code of Corrections by
changing Sections 5-6-1 and 5-6-3.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-6-1 and 5-6-3.1 as follows:
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General
Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the
conditions of probation by responding to violations with
swift, certain and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations
of the terms and conditions of a sentence of probation,
conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would
deprecate the seriousness of the offender's conduct and
would be inconsistent with the ends of justice.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-6-4 of
this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the
charge or a finding of guilt, defer further proceedings and
the imposition of a sentence, and enter an order for
supervision of the defendant, if the defendant is not charged
with a Class A misdemeanor, as defined by the following
provisions of the Criminal Code of 1961: Sections 12-3.2;
12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; and Section 1 of the Boarding
Aircraft With Weapon Act; or a felony. If the defendant is
not barred from receiving an order for supervision as
provided in this subsection, the court may enter an order for
supervision after considering the circumstances of the
offense, and the history, character and condition of the
offender, if the court is of the opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best
served if the defendant were not to receive a criminal
record; and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, and the plea or
stipulation was the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the
Criminal Code of 1961 if said defendant has within the last 5
years been:
(1) convicted for a violation of Section 16A-3 of
the Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of
this Section, the provisions of paragraph (c) shall not apply
to a defendant charged with violating Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has within
the last 5 years been:
(1) convicted for a violation of Section 3-707,
3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of
the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the
fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the
Conference of Chief Circuit Judges. The accused shall be
responsible for payment of any traffic safety program
fees. If the accused fails to file a certificate of
successful completion on or before the termination date
of the supervision order, the supervision shall be
summarily revoked and conviction entered. The provisions
of Supreme Court Rule 402 relating to pleas of guilty do
not apply in cases when a defendant enters a guilty plea
under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance if the defendant has been assigned supervision for
a violation of Section 3-707 of the Illinois Vehicle Code or
a similar provision of a local ordinance.
(Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
1-1-98.)
(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 or Section 411.2 of the Illinois Controlled Substances
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 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 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;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(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) contribute to his own support at home or
in a foster home; and
(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;
(10) perform some reasonable public or community
service;
(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. 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;
(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;
(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, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(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;
(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;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by 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.
(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 or 16A-3 of the Criminal
Code of 1961, 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
subsection (g) of Section 5 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. 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) 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, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State 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.
(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 Section
27.5 of the Clerks of Courts 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 the high school level Test of General
Educational Development (GED) 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 GED test, if a fee is
charged for those courses or test. 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 the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) (k) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances 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 court shall require a defendant placed on
supervision for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance, as
a condition of supervision, 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
defendant in a manner satisfactory to the Secretary of State
for a minimum period of one year after the date the proof is
first filed. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
1-1-98; revised 10-30-97.)