Illinois General Assembly - Full Text of HB5577
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Full Text of HB5577  98th General Assembly

HB5577ham002 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 4/4/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5577

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

 

 

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1conditional discharge if warranted by the conduct of the
2offender and the ends of justice, as provided in Section 5-6-4.
3    (c-1) For purposes of this subsection (c-1), a "violent
4offense" means an offense in which bodily harm is inflicted or
5force is used against any person or threatened against any
6person; an offense involving sexual conduct, sexual
7penetration, or sexual exploitation; an offense of domestic
8violence, domestic battery, violation of an order of
9protection, stalking, or hate crime; an offense involving
10driving under the influence of drugs or alcohol; or an offense
11involving the possession of a firearm or dangerous weapon. An
12offender, other than an offender sentenced on a violent
13offense, shall be entitled to a time credit toward the
14completion of the offender's probation or conditional
15discharge as follows:
16        (1) For obtaining a high school diploma or GED: 90
17    days.
18        (2) For obtaining an associate's degree, career
19    certificate, or vocational technical certification: 120
20    days.
21        (3) For obtaining a bachelor's degree: 180 days.
22    An offender's supervising officer shall promptly and as
23soon as practicable notify the court of the offender's right to
24time credits under this subsection (c-1). Upon receipt of this
25notification, the court shall enter an order modifying the
26offender's remaining period of probation or conditional

 

 

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1discharge to reflect the time credit earned. If, before the
2expiration of the original period or a reduced period of
3probation or conditional discharge, the court, after a hearing
4under Section 5-6-4, finds that an offender violated one or
5more conditions of probation or conditional discharge, the
6court may order that some or all of the time credit to which
7the offender is entitled under this Section be forfeited.
8    (d) Upon the expiration or termination of the period of
9probation or of conditional discharge, the court shall enter an
10order discharging the offender.
11    (e) The court may extend any period of probation or
12conditional discharge beyond the limits set forth in Article
134.5 of Chapter V upon a violation of a condition of the
14probation or conditional discharge, for the payment of an
15assessment required by Section 10.3 of the Cannabis Control
16Act, Section 411.2 of the Illinois Controlled Substances Act,
17or Section 80 of the Methamphetamine Control and Community
18Protection Act, or for the payment of restitution as provided
19by an order of restitution under Section 5-5-6 of this Code.
20    (f) The court may impose a term of probation that is
21concurrent or consecutive to a term of imprisonment so long as
22the maximum term imposed does not exceed the maximum term
23provided under Article 4.5 of Chapter V or Article 8 of this
24Chapter. The court may provide that probation may commence
25while an offender is on mandatory supervised release,
26participating in a day release program, or being monitored by

 

 

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1an electronic monitoring device.
2(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".