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(730 ILCS 5/5-6-4.1)
(from Ch. 38, par. 1005-6-4.1)
Violation, modification or revocation of
conditional discharge or supervision - hearing.)
(a) In cases where a defendant was placed upon supervision or conditional
discharge for the commission of a petty offense, upon the oral or written
motion of the State, or on the court's own motion, which charges that a
violation of a condition of that conditional discharge or supervision has
occurred, the court may:
(1) conduct a hearing instanter if the offender is
(2) order the issuance by the court clerk of a notice
to the offender to be present for a hearing for violation;
(3) order summons to the offender to be present; or
(4) order a warrant for the offender's arrest.
The oral motion, if the defendant is present, or the issuance of such warrant,
summons or notice shall toll the period of conditional discharge or supervision
until the final determination of the charge, and the term of conditional
discharge or supervision shall not run until the hearing and disposition
of the petition for violation.
(b) The Court shall admit the offender to pretrial release pending the hearing.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Conditional discharge or supervision shall not be revoked for failure
to comply with the conditions of the discharge or supervision which imposed
financial obligations upon the offender unless such failure is due to his
wilful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence or supervision with or without modifying
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V
of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing.
(f) The conditions of conditional discharge and of
supervision may be modified by the court on motion of the probation
officer or on its own motion or at the request of the offender after
notice to the defendant and a hearing.
(g) A judgment revoking supervision is a final appealable order.
(h) Resentencing after revocation of conditional
discharge or of supervision shall be under Article 4. Time served on
conditional discharge or supervision shall be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise.
(Source: P.A. 101-652, eff. 1-1-23