Rep. Michael J. Zalewski

Filed: 3/20/2014

 

 


 

 


 
09800HB5577ham001LRB098 17827 MRW 57194 a

1
AMENDMENT TO HOUSE BILL 5577

2    AMENDMENT NO. ______. Amend House Bill 5577 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-2 as follows:
 
6    (730 ILCS 5/5-6-2)  (from Ch. 38, par. 1005-6-2)
7    Sec. 5-6-2. Incidents of Probation and of Conditional
8Discharge.
9    (a) When an offender is sentenced to probation or
10conditional discharge, the court shall impose a period as
11provided in Article 4.5 of Chapter V, and shall specify the
12conditions under Section 5-6-3.
13    (b) Multiple terms of probation imposed at the same time
14shall run concurrently.
15    (c) The court may at any time terminate probation or
16conditional discharge if warranted by the conduct of the

 

 

09800HB5577ham001- 2 -LRB098 17827 MRW 57194 a

1offender and the ends of justice, as provided in Section 5-6-4.
2    (c-1) An offender shall be entitled to a time credit toward
3the completion of the offender's probation or conditional
4discharge as follows:
5        (1) For obtaining a high school diploma or GED: 90
6    days.
7        (2) For obtaining an associate's degree, career
8    certificate, or vocational technical certification: 120
9    days.
10        (3) For obtaining a bachelor's degree: 180 days.
11    An offender's supervising officer shall promptly and as
12soon as practicable notify the court of the offender's right to
13time credits under this subsection (c-1). Upon receipt of this
14notification, the court shall enter an order modifying the
15offender's remaining period of probation or conditional
16discharge to reflect the time credit earned. If, before the
17expiration of the original period or a reduced period of
18probation or conditional discharge, the court after a hearing
19under Section 5-6-4, finds that an offender violated one or
20more conditions of probation or conditional discharge, the
21court may order that some or all of the time credit to which
22the offender is entitled under this Section be forfeited.
23    (d) Upon the expiration or termination of the period of
24probation or of conditional discharge, the court shall enter an
25order discharging the offender.
26    (e) The court may extend any period of probation or

 

 

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1conditional discharge beyond the limits set forth in Article
24.5 of Chapter V upon a violation of a condition of the
3probation or conditional discharge, for the payment of an
4assessment required by Section 10.3 of the Cannabis Control
5Act, Section 411.2 of the Illinois Controlled Substances Act,
6or Section 80 of the Methamphetamine Control and Community
7Protection Act, or for the payment of restitution as provided
8by an order of restitution under Section 5-5-6 of this Code.
9    (f) The court may impose a term of probation that is
10concurrent or consecutive to a term of imprisonment so long as
11the maximum term imposed does not exceed the maximum term
12provided under Article 4.5 of Chapter V or Article 8 of this
13Chapter. The court may provide that probation may commence
14while an offender is on mandatory supervised release,
15participating in a day release program, or being monitored by
16an electronic monitoring device.
17(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".