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90_SB1471eng 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1 Amends the Unified Code of Corrections. Prohibits a court from entering an order for supervision of a defendant charged with violating the provisions of the Vehicle Code prohibiting the operation of an uninsured motor vehicle or a similar provision of a local ordinance if the defendant has previously been assigned supervision for violating the same provisions. Requires the defendant to file proof of insurance with the Secretary of State as a condition of supervision for the violation. LRB9006300NTsb SB1471 Engrossed LRB9006300NTsb 1 AN ACT to amend the Unified Code of Corrections by 2 changing Sections 5-6-1 and 5-6-3.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Sections 5-6-1 and 5-6-3.1 as follows: 7 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1) 8 Sec. 5-6-1. Sentences of Probation and of Conditional 9 Discharge and Disposition of Supervision. The General 10 Assembly finds that in order to protect the public, the 11 criminal justice system must compel compliance with the 12 conditions of probation by responding to violations with 13 swift, certain and fair punishments and intermediate 14 sanctions. The Chief Judge of each circuit shall adopt a 15 system of structured, intermediate sanctions for violations 16 of the terms and conditions of a sentence of probation, 17 conditional discharge or disposition of supervision. 18 (a) Except where specifically prohibited by other 19 provisions of this Code, the court shall impose a sentence of 20 probation or conditional discharge upon an offender unless, 21 having regard to the nature and circumstance of the offense, 22 and to the history, character and condition of the offender, 23 the court is of the opinion that: 24 (1) his imprisonment or periodic imprisonment is 25 necessary for the protection of the public; or 26 (2) probation or conditional discharge would 27 deprecate the seriousness of the offender's conduct and 28 would be inconsistent with the ends of justice. 29 The court shall impose as a condition of a sentence of 30 probation, conditional discharge, or supervision, that the 31 probation agency may invoke any sanction from the list of SB1471 Engrossed -2- LRB9006300NTsb 1 intermediate sanctions adopted by the chief judge of the 2 circuit court for violations of the terms and conditions of 3 the sentence of probation, conditional discharge, or 4 supervision, subject to the provisions of Section 5-6-4 of 5 this Act. 6 (b) The court may impose a sentence of conditional 7 discharge for an offense if the court is of the opinion that 8 neither a sentence of imprisonment nor of periodic 9 imprisonment nor of probation supervision is appropriate. 10 (c) The court may, upon a plea of guilty or a 11 stipulation by the defendant of the facts supporting the 12 charge or a finding of guilt, defer further proceedings and 13 the imposition of a sentence, and enter an order for 14 supervision of the defendant, if the defendant is not charged 15 with a Class A misdemeanor, as defined by the following 16 provisions of the Criminal Code of 1961: Sections 12-3.2; 17 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 18 21-1; paragraph (1) through (5), (8), (10), and (11) of 19 subsection (a) of Section 24-1; and Section 1 of the Boarding 20 Aircraft With Weapon Act; or a felony. If the defendant is 21 not barred from receiving an order for supervision as 22 provided in this subsection, the court may enter an order for 23 supervision after considering the circumstances of the 24 offense, and the history, character and condition of the 25 offender, if the court is of the opinion that: 26 (1) the offender is not likely to commit further 27 crimes; 28 (2) the defendant and the public would be best 29 served if the defendant were not to receive a criminal 30 record; and 31 (3) in the best interests of justice an order of 32 supervision is more appropriate than a sentence otherwise 33 permitted under this Code. 34 (d) The provisions of paragraph (c) shall not apply to a SB1471 Engrossed -3- LRB9006300NTsb 1 defendant charged with violating Section 11-501 of the 2 Illinois Vehicle Code or a similar provision of a local 3 ordinance when the defendant has previously been: 4 (1) convicted for a violation of Section 11-501 of 5 the Illinois Vehicle Code or a similar provision of a 6 local ordinance; or 7 (2) assigned supervision for a violation of Section 8 11-501 of the Illinois Vehicle Code or a similar 9 provision of a local ordinance; or 10 (3) pleaded guilty to or stipulated to the facts 11 supporting a charge or a finding of guilty to a violation 12 of Section 11-503 of the Illinois Vehicle Code or a 13 similar provision of a local ordinance, and the plea or 14 stipulation was the result of a plea agreement. 15 The court shall consider the statement of the prosecuting 16 authority with regard to the standards set forth in this 17 Section. 18 (e) The provisions of paragraph (c) shall not apply to a 19 defendant charged with violating Section 16A-3 of the 20 Criminal Code of 1961 if said defendant has within the last 5 21 years been: 22 (1) convicted for a violation of Section 16A-3 of 23 the Criminal Code of 1961; or 24 (2) assigned supervision for a violation of Section 25 16A-3 of the Criminal Code of 1961. 26 The court shall consider the statement of the prosecuting 27 authority with regard to the standards set forth in this 28 Section. 29 (f) The provisions of paragraph (c) shall not apply to a 30 defendant charged with violating Sections 15-111, 15-112, 31 15-301, paragraph (b) of Section 6-104, Section 11-605, or 32 Section 11-1414 of the Illinois Vehicle Code or a similar 33 provision of a local ordinance. 34 (g) Except as otherwise provided in paragraph (i) of SB1471 Engrossed -4- LRB9006300NTsb 1 this Section, the provisions of paragraph (c) shall not apply 2 to a defendant charged with violating Section 3-707, 3-708, 3 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar 4 provision of a local ordinance if the defendant has within 5 the last 5 years been: 6 (1) convicted for a violation of Section 3-707, 7 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or 8 a similar provision of a local ordinance; or 9 (2) assigned supervision for a violation of Section 10 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle 11 Code or a similar provision of a local ordinance. 12 The court shall consider the statement of the prosecuting 13 authority with regard to the standards set forth in this 14 Section. 15 (h) The provisions of paragraph (c) shall not apply to a 16 defendant under the age of 21 years charged with violating a 17 serious traffic offense as defined in Section 1-187.001 of 18 the Illinois Vehicle Code: 19 (1) unless the defendant, upon payment of the 20 fines, penalties, and costs provided by law, agrees to 21 attend and successfully complete a traffic safety program 22 approved by the court under standards set by the 23 Conference of Chief Circuit Judges. The accused shall be 24 responsible for payment of any traffic safety program 25 fees. If the accused fails to file a certificate of 26 successful completion on or before the termination date 27 of the supervision order, the supervision shall be 28 summarily revoked and conviction entered. The provisions 29 of Supreme Court Rule 402 relating to pleas of guilty do 30 not apply in cases when a defendant enters a guilty plea 31 under this provision; or 32 (2) if the defendant has previously been sentenced 33 under the provisions of paragraph (c) on or after January 34 1, 1998 for any serious traffic offense as defined in SB1471 Engrossed -5- LRB9006300NTsb 1 Section 1-187.001 of the Illinois Vehicle Code. 2 (i) The provisions of paragraph (c) shall not apply to a 3 defendant charged with violating Section 3-707 of the 4 Illinois Vehicle Code or a similar provision of a local 5 ordinance if the defendant has been assigned supervision for 6 a violation of Section 3-707 of the Illinois Vehicle Code or 7 a similar provision of a local ordinance. 8 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95; 9 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff. 10 1-1-98.) 11 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 12 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 13 (a) When a defendant is placed on supervision, the court 14 shall enter an order for supervision specifying the period of 15 such supervision, and shall defer further proceedings in the 16 case until the conclusion of the period. 17 (b) The period of supervision shall be reasonable under 18 all of the circumstances of the case, but may not be longer 19 than 2 years, unless the defendant has failed to pay the 20 assessment required by Section 10.3 of the Cannabis Control 21 Act or Section 411.2 of the Illinois Controlled Substances 22 Act, in which case the court may extend supervision beyond 2 23 years. Additionally, the court shall order the defendant to 24 perform no less than 30 hours of community service and not 25 more than 120 hours of community service, if community 26 service is available in the jurisdiction and is funded and 27 approved by the county board where the offense was committed, 28 when the offense (1) was related to or in furtherance of the 29 criminal activities of an organized gang or was motivated by 30 the defendant's membership in or allegiance to an organized 31 gang; or (2) is a violation of any Section of Article 24 of 32 the Criminal Code of 1961 where a disposition of supervision 33 is not prohibited by Section 5-6-1 of this Code. The SB1471 Engrossed -6- LRB9006300NTsb 1 community service shall include, but not be limited to, the 2 cleanup and repair of any damage caused by violation of 3 Section 21-1.3 of the Criminal Code of 1961 and similar 4 damages to property located within the municipality or county 5 in which the violation occurred. Where possible and 6 reasonable, the community service should be performed in the 7 offender's neighborhood. 8 For the purposes of this Section, "organized gang" has 9 the meaning ascribed to it in Section 10 of the Illinois 10 Streetgang Terrorism Omnibus Prevention Act. 11 (c) The court may in addition to other reasonable 12 conditions relating to the nature of the offense or the 13 rehabilitation of the defendant as determined for each 14 defendant in the proper discretion of the court require that 15 the person: 16 (1) make a report to and appear in person before or 17 participate with the court or such courts, person, or 18 social service agency as directed by the court in the 19 order of supervision; 20 (2) pay a fine and costs; 21 (3) work or pursue a course of study or vocational 22 training; 23 (4) undergo medical, psychological or psychiatric 24 treatment; or treatment for drug addiction or alcoholism; 25 (5) attend or reside in a facility established for 26 the instruction or residence of defendants on probation; 27 (6) support his dependents; 28 (7) refrain from possessing a firearm or other 29 dangerous weapon; 30 (8) and in addition, if a minor: 31 (i) reside with his parents or in a foster 32 home; 33 (ii) attend school; 34 (iii) attend a non-residential program for SB1471 Engrossed -7- LRB9006300NTsb 1 youth; 2 (iv) contribute to his own support at home or 3 in a foster home; and 4 (9) make restitution or reparation in an amount not 5 to exceed actual loss or damage to property and pecuniary 6 loss or make restitution under Section 5-5-6 to a 7 domestic violence shelter. The court shall determine the 8 amount and conditions of payment; 9 (10) perform some reasonable public or community 10 service; 11 (11) comply with the terms and conditions of an 12 order of protection issued by the court pursuant to the 13 Illinois Domestic Violence Act of 1986. If the court has 14 ordered the defendant to make a report and appear in 15 person under paragraph (1) of this subsection, a copy of 16 the order of protection shall be transmitted to the 17 person or agency so designated by the court; 18 (12) reimburse any "local anti-crime program" as 19 defined in Section 7 of the Anti-Crime Advisory Council 20 Act for any reasonable expenses incurred by the program 21 on the offender's case, not to exceed the maximum amount 22 of the fine authorized for the offense for which the 23 defendant was sentenced; 24 (13) contribute a reasonable sum of money, not to 25 exceed the maximum amount of the fine authorized for the 26 offense for which the defendant was sentenced, to a 27 "local anti-crime program", as defined in Section 7 of 28 the Anti-Crime Advisory Council Act; 29 (14) refrain from entering into a designated 30 geographic area except upon such terms as the court finds 31 appropriate. Such terms may include consideration of the 32 purpose of the entry, the time of day, other persons 33 accompanying the defendant, and advance approval by a 34 probation officer; SB1471 Engrossed -8- LRB9006300NTsb 1 (15) refrain from having any contact, directly or 2 indirectly, with certain specified persons or particular 3 types of person, including but not limited to members of 4 street gangs and drug users or dealers; 5 (16) refrain from having in his or her body the 6 presence of any illicit drug prohibited by the Cannabis 7 Control Act or the Illinois Controlled Substances Act, 8 unless prescribed by a physician, and submit samples of 9 his or her blood or urine or both for tests to determine 10 the presence of any illicit drug. 11 (d) The court shall defer entering any judgment on the 12 charges until the conclusion of the supervision. 13 (e) At the conclusion of the period of supervision, if 14 the court determines that the defendant has successfully 15 complied with all of the conditions of supervision, the court 16 shall discharge the defendant and enter a judgment dismissing 17 the charges. 18 (f) Discharge and dismissal upon a successful conclusion 19 of a disposition of supervision shall be deemed without 20 adjudication of guilt and shall not be termed a conviction 21 for purposes of disqualification or disabilities imposed by 22 law upon conviction of a crime. Two years after the 23 discharge and dismissal under this Section, unless the 24 disposition of supervision was for a violation of Sections 25 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 26 Vehicle Code or a similar provision of a local ordinance, or 27 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 28 Code of 1961, in which case it shall be 5 years after 29 discharge and dismissal, a person may have his record of 30 arrest sealed or expunged as may be provided by law. 31 However, any defendant placed on supervision before January 32 1, 1980, may move for sealing or expungement of his arrest 33 record, as provided by law, at any time after discharge and 34 dismissal under this Section. A person placed on supervision SB1471 Engrossed -9- LRB9006300NTsb 1 for a sexual offense committed against a minor as defined in 2 subsection (g) of Section 5 of the Criminal Identification 3 Act or for a violation of Section 11-501 of the Illinois 4 Vehicle Code or a similar provision of a local ordinance 5 shall not have his or her record of arrest sealed or 6 expunged. 7 (g) A defendant placed on supervision and who during the 8 period of supervision undergoes mandatory drug or alcohol 9 testing, or both, or is assigned to be placed on an approved 10 electronic monitoring device, shall be ordered to pay the 11 costs incidental to such mandatory drug or alcohol testing, 12 or both, and costs incidental to such approved electronic 13 monitoring in accordance with the defendant's ability to pay 14 those costs. The county board with the concurrence of the 15 Chief Judge of the judicial circuit in which the county is 16 located shall establish reasonable fees for the cost of 17 maintenance, testing, and incidental expenses related to the 18 mandatory drug or alcohol testing, or both, and all costs 19 incidental to approved electronic monitoring, of all 20 defendants placed on supervision. The concurrence of the 21 Chief Judge shall be in the form of an administrative order. 22 The fees shall be collected by the clerk of the circuit 23 court. The clerk of the circuit court shall pay all moneys 24 collected from these fees to the county treasurer who shall 25 use the moneys collected to defray the costs of drug testing, 26 alcohol testing, and electronic monitoring. The county 27 treasurer shall deposit the fees collected in the county 28 working cash fund under Section 6-27001 or Section 6-29002 of 29 the Counties Code, as the case may be. 30 (h) A disposition of supervision is a final order for 31 the purposes of appeal. 32 (i) The court shall impose upon a defendant placed on 33 supervision after January 1, 1992, as a condition of 34 supervision, a fee of $25 for each month of supervision SB1471 Engrossed -10- LRB9006300NTsb 1 ordered by the court, unless after determining the inability 2 of the person placed on supervision to pay the fee, the court 3 assesses a lesser fee. The court may not impose the fee on a 4 minor who is made a ward of the State under the Juvenile 5 Court Act of 1987 while the minor is in placement. The fee 6 shall be imposed only upon a defendant who is actively 7 supervised by the probation and court services department. 8 The fee shall be collected by the clerk of the circuit court. 9 The clerk of the circuit court shall pay all monies collected 10 from this fee to the county treasurer for deposit in the 11 probation and court services fund pursuant to Section 15.1 of 12 the Probation and Probation Officers Act. 13 (j) All fines and costs imposed under this Section for 14 any violation of Chapters 3, 4, 6, and 11 of the Illinois 15 Vehicle Code, or a similar provision of a local ordinance, 16 and any violation of the Child Passenger Protection Act, or a 17 similar provision of a local ordinance, shall be collected 18 and disbursed by the circuit clerk as provided under Section 19 27.5 of the Clerks of Courts Act. 20 (k) A defendant at least 17 years of age who is placed 21 on supervision for a misdemeanor in a county of 3,000,000 or 22 more inhabitants and who has not been previously convicted of 23 a misdemeanor or felony may as a condition of his or her 24 supervision be required by the court to attend educational 25 courses designed to prepare the defendant for a high school 26 diploma and to work toward a high school diploma or to work 27 toward passing the high school level Test of General 28 Educational Development (GED) or to work toward completing a 29 vocational training program approved by the court. The 30 defendant placed on supervision must attend a public 31 institution of education to obtain the educational or 32 vocational training required by this subsection (k). The 33 defendant placed on supervision shall be required to pay for 34 the cost of the educational courses or GED test, if a fee is SB1471 Engrossed -11- LRB9006300NTsb 1 charged for those courses or test. The court shall revoke 2 the supervision of a person who wilfully fails to comply with 3 this subsection (k). The court shall resentence the 4 defendant upon revocation of supervision as provided in 5 Section 5-6-4. This subsection (k) does not apply to a 6 defendant who has a high school diploma or has successfully 7 passed the GED test. This subsection (k) does not apply to a 8 defendant who is determined by the court to be 9 developmentally disabled or otherwise mentally incapable of 10 completing the educational or vocational program. 11 (l)(k)The court shall require a defendant placed on 12 supervision for possession of a substance prohibited by the 13 Cannabis Control Act or Illinois Controlled Substances Act 14 after a previous conviction or disposition of supervision for 15 possession of a substance prohibited by the Cannabis Control 16 Act or Illinois Controlled Substances Act or a sentence of 17 probation under Section 10 of the Cannabis Control Act or 18 Section 410 of the Illinois Controlled Substances Act and 19 after a finding by the court that the person is addicted, to 20 undergo treatment at a substance abuse program approved by 21 the court. 22 (m) The court shall require a defendant placed on 23 supervision for a violation of Section 3-707 of the Illinois 24 Vehicle Code or a similar provision of a local ordinance, as 25 a condition of supervision, to file proof of insurance by 26 filing with the Secretary of State the written certificate of 27 any insurance carrier duly authorized to do business in this 28 State, certifying that it has issued to or for the benefit of 29 the person furnishing such proof and named as the insured in 30 a motor vehicle liability policy, a motor vehicle liability 31 policy or policies or in certain events an operator's policy 32 meeting the requirements of the Illinois Vehicle Code and 33 that the policy or policies are then in full force and 34 effect. SB1471 Engrossed -12- LRB9006300NTsb 1 The certificate or certificates shall give the dates of 2 issuance and expiration of the policy or policies and certify 3 that the same shall not be canceled unless 10 days' prior 4 written notice thereof be given to the Secretary of State and 5 shall explicitly describe all motor vehicles covered thereby 6 unless the policy or policies are issued to a person who is 7 not the owner of a motor vehicle. 8 The Secretary of State shall not accept any certificate 9 or certificates unless the same shall cover all motor 10 vehicles then registered in this State in the name of the 11 person furnishing such proof as owner and an additional 12 certificate or certificates shall be required as a condition 13 precedent to the subsequent registration of any motor vehicle 14 or motor vehicles in the name of the person giving such proof 15 as owner. 16 As used in this subsection (m), "motor vehicle liability 17 policy" has the meaning ascribed to it in Section 7-317 of 18 the Illinois Vehicle Code. 19 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95; 20 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff. 21 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff. 22 1-1-98; revised 10-30-97.)