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.