State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

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.)

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