Public Act 098-1114
 
SB3267 EnrolledLRB098 17826 MRW 52950 b


  
    AN ACT concerning criminal law, which may be referred to as 
the Incentivized Education and Family Support for Community 
Corrections Amendments.
  
 
    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 5-6-2 as follows:
 


    (730 ILCS 5/5-6-2)  (from Ch. 38, par. 1005-6-2)



    Sec. 5-6-2. Incidents of Probation and of Conditional 
Discharge. 

    (a) When an offender is sentenced to probation or 
conditional discharge,
the court shall impose a period as 
provided in Article 4.5 of Chapter V, and
shall specify the 
conditions under Section 5-6-3.

    (b) Multiple terms of probation imposed at the same time 
shall run
concurrently.

    (c) The court may at any time terminate probation or 
conditional
discharge if warranted by the conduct of the 
offender and the ends of
justice, as provided in Section 5-6-4.

    (c-1) For purposes of this subsection (c-1), a "violent 
offense" means an offense in which bodily harm is inflicted or 
force is used against any person or threatened against any 
person; an offense involving sexual conduct, sexual 
penetration, or sexual exploitation; an offense involving 
domestic violence; an offense of  domestic battery, violation of 
an order of protection, stalking, or hate crime; an offense of 
driving under the influence of drugs or alcohol; or an offense 
involving the possession of a firearm or dangerous weapon. An 
offender, other than an offender sentenced on a violent 
offense,  shall be entitled to a time credit toward the 
completion of the offender's probation or conditional 
discharge as follows: 
        (1) For obtaining a  high school diploma or GED: 90 
    days. 
        (2) For obtaining an associate's degree, career 
    certificate, or vocational technical certification: 120  
    days. 
        (3) For obtaining a bachelor's degree: 180 days. 
    An offender's supervising officer shall promptly and as 
soon as practicable notify the court of the offender's right to 
time credits under this subsection (c-1).  Upon receipt of this 
notification, the court shall enter an order modifying the 
offender's remaining period of probation or conditional 
discharge to reflect the time credit earned.  If, before the 
expiration of the original period or a reduced period of 
probation or conditional discharge, the court, after a hearing 
under Section 5-6-4 of this Code, finds that an offender 
violated one or more conditions of probation or conditional 
discharge, the court may order that some or all of the time 
credit to which the offender is entitled under this Section be 
forfeited. 
    (d) Upon the expiration or termination of the period of 
probation or
of conditional discharge, the court shall enter an 
order discharging the
offender.

    (e) The court may extend any period of probation or 
conditional
discharge beyond the limits set forth in Article 
4.5 of Chapter V
 upon
a violation of a condition of the 
probation or conditional discharge, for the
payment of an 
assessment required by Section 10.3 of the
Cannabis Control 
Act, Section 411.2 of the Illinois Controlled
Substances Act, 
or Section 80 of the Methamphetamine Control and Community 
Protection Act, or for the payment of restitution as
provided 
by an order of restitution under Section 5-5-6 of this Code.
    (f) The court may impose a term of probation that is 
concurrent or consecutive to a term of imprisonment so long as 
the maximum term imposed does not exceed the maximum term 
provided under Article 4.5 of Chapter V or Article 8 of this 
Chapter.  The court may provide that probation may commence 
while an offender is on mandatory supervised release, 
participating in a day release program, or being monitored by 
an electronic monitoring device.


(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.