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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing 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 | 9 | | Discharge.
| 10 | | (a) When an offender is sentenced to probation or | 11 | | conditional discharge,
the court shall impose a period as | 12 | | provided in Article 4.5 of Chapter V, and
shall specify the | 13 | | conditions under Section 5-6-3.
| 14 | | (b) Multiple terms of probation imposed at the same time | 15 | | shall run
concurrently.
| 16 | | (c) The court may at any time terminate probation or |
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| 1 | | conditional
discharge if warranted by the conduct of the | 2 | | offender and the ends of
justice, as provided in Section 5-6-4.
| 3 | | (c-1) For purposes of this subsection (c-1), a "violent | 4 | | offense" means an offense in which bodily harm is inflicted or | 5 | | force is used against any person or threatened against any | 6 | | person; an offense involving sexual conduct, sexual | 7 | | penetration, or sexual exploitation; an offense of domestic | 8 | | violence, domestic battery, violation of an order of | 9 | | protection, stalking, or hate crime; an offense involving | 10 | | driving under the influence of drugs or alcohol; or an offense | 11 | | involving the possession of a firearm or dangerous weapon. An | 12 | | offender, other than an offender sentenced on a violent | 13 | | offense, shall be entitled to a time credit toward the | 14 | | completion of the offender's probation or conditional | 15 | | discharge 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 | 23 | | soon as practicable notify the court of the offender's right to | 24 | | time credits under this subsection (c-1). Upon receipt of this | 25 | | notification, the court shall enter an order modifying the | 26 | | offender's remaining period of probation or conditional |
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| 1 | | discharge to reflect the time credit earned. If, before the | 2 | | expiration of the original period or a reduced period of | 3 | | probation or conditional discharge, the court, after a hearing | 4 | | under Section 5-6-4, finds that an offender violated one or | 5 | | more conditions of probation or conditional discharge, the | 6 | | court may order that some or all of the time credit to which | 7 | | the offender is entitled under this Section be forfeited. | 8 | | (d) Upon the expiration or termination of the period of | 9 | | probation or
of conditional discharge, the court shall enter an | 10 | | order discharging the
offender.
| 11 | | (e) The court may extend any period of probation or | 12 | | conditional
discharge beyond the limits set forth in Article | 13 | | 4.5 of Chapter V
upon
a violation of a condition of the | 14 | | probation or conditional discharge, for the
payment of an | 15 | | assessment required by Section 10.3 of the
Cannabis Control | 16 | | Act, Section 411.2 of the Illinois Controlled
Substances Act, | 17 | | or Section 80 of the Methamphetamine Control and Community | 18 | | Protection Act, or for the payment of restitution as
provided | 19 | | by an order of restitution under Section 5-5-6 of this Code. | 20 | | (f) The court may impose a term of probation that is | 21 | | concurrent or consecutive to a term of imprisonment so long as | 22 | | the maximum term imposed does not exceed the maximum term | 23 | | provided under Article 4.5 of Chapter V or Article 8 of this | 24 | | Chapter. The court may provide that probation may commence | 25 | | while an offender is on mandatory supervised release, | 26 | | participating in a day release program, or being monitored by |
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| 1 | | an 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 | 4 | | becoming law.".
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