Public Act 094-0330
 
HB1483 Enrolled LRB094 05026 RLC 37106 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:
 
    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
    (a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
        (1) his imprisonment or periodic imprisonment is
    necessary for the protection of the public; or
        (2) probation or conditional discharge would deprecate
    the seriousness of the offender's conduct and would be
    inconsistent with the ends of justice; or
        (3) a combination of imprisonment with concurrent or
    consecutive probation when an offender has been admitted
    into a drug court program under Section 20 of the Drug
    Court Treatment Act is necessary for the protection of the
    public and for the rehabilitation of the offender.
    The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
    (b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
    (c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 12-3.2; 12-15; 26-5; 31-1;
31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph
(1) through (5), (8), (10), and (11) of subsection (a) of
Section 24-1; (ii) a Class A misdemeanor violation of Section
3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act; or
(iii) felony. If the defendant is not barred from receiving an
order for supervision as provided in this subsection, the court
may enter an order for supervision after considering the
circumstances of the offense, and the history, character and
condition of the offender, if the court is of the opinion that:
        (1) the offender is not likely to commit further
    crimes;
        (2) the defendant and the public would be best served
    if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice an order of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
        (1) convicted for a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance or any similar law or ordinance of another state;
    or
        (2) assigned supervision for a violation of Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance or any similar law or ordinance of
    another state; or
        (3) pleaded guilty to or stipulated to the facts
    supporting a charge or a finding of guilty to a violation
    of Section 11-503 of the Illinois Vehicle Code or a similar
    provision of a local ordinance or any similar law or
    ordinance of another state, and the plea or stipulation was
    the result of a plea agreement.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
        (1) convicted for a violation of Section 16A-3 of the
    Criminal Code of 1961; or
        (2) assigned supervision for a violation of Section
    16A-3 of the Criminal Code of 1961.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
        (1) convicted for a violation of Section 3-707, 3-708,
    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
    provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
    Code or a similar provision of a local ordinance.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
        (1) unless the defendant, upon payment of the fines,
    penalties, and costs provided by law, agrees to attend and
    successfully complete a traffic safety program approved by
    the court under standards set by the Conference of Chief
    Circuit Judges. The accused shall be responsible for
    payment of any traffic safety program fees. If the accused
    fails to file a certificate of successful completion on or
    before the termination date of the supervision order, the
    supervision shall be summarily revoked and conviction
    entered. The provisions of Supreme Court Rule 402 relating
    to pleas of guilty do not apply in cases when a defendant
    enters a guilty plea under this provision; or
        (2) if the defendant has previously been sentenced
    under the provisions of paragraph (c) on or after January
    1, 1998 for any serious traffic offense as defined in
    Section 1-187.001 of the Illinois Vehicle Code.
    (i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance, a violation
of Section 11-501.1 or paragraph (b) of Section 11-401 of the
Illinois Vehicle Code, or a violation of Section 9-3 of the
Criminal Code of 1961 if the defendant has within the last 10
years been:
        (1) convicted for a violation of Section 6-303 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (2) assigned supervision for a violation of Section
    6-303 of the Illinois Vehicle Code or a similar provision
    of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance.
(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)