093_SB0387enr SB387 Enrolled LRB093 02047 RLC 02048 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 5-6-1 as follows: 6 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1) 7 Sec. 5-6-1. Sentences of Probation and of Conditional 8 Discharge and Disposition of Supervision. The General 9 Assembly finds that in order to protect the public, the 10 criminal justice system must compel compliance with the 11 conditions of probation by responding to violations with 12 swift, certain and fair punishments and intermediate 13 sanctions. The Chief Judge of each circuit shall adopt a 14 system of structured, intermediate sanctions for violations 15 of the terms and conditions of a sentence of probation, 16 conditional discharge or disposition of supervision. 17 (a) Except where specifically prohibited by other 18 provisions of this Code, the court shall impose a sentence of 19 probation or conditional discharge upon an offender unless, 20 having regard to the nature and circumstance of the offense, 21 and to the history, character and condition of the offender, 22 the court is of the opinion that: 23 (1) his imprisonment or periodic imprisonment is 24 necessary for the protection of the public; or 25 (2) probation or conditional discharge would 26 deprecate the seriousness of the offender's conduct and 27 would be inconsistent with the ends of justice. 28 The court shall impose as a condition of a sentence of 29 probation, conditional discharge, or supervision, that the 30 probation agency may invoke any sanction from the list of 31 intermediate sanctions adopted by the chief judge of the SB387 Enrolled -2- LRB093 02047 RLC 02048 b 1 circuit court for violations of the terms and conditions of 2 the sentence of probation, conditional discharge, or 3 supervision, subject to the provisions of Section 5-6-4 of 4 this Act. 5 (b) The court may impose a sentence of conditional 6 discharge for an offense if the court is of the opinion that 7 neither a sentence of imprisonment nor of periodic 8 imprisonment nor of probation supervision is appropriate. 9 (c) The court may, upon a plea of guilty or a 10 stipulation by the defendant of the facts supporting the 11 charge or a finding of guilt, defer further proceedings and 12 the imposition of a sentence, and enter an order for 13 supervision of the defendant, if the defendant is not charged 14 with: (i) a Class A misdemeanor, as defined by the following 15 provisions of the Criminal Code of 1961: Sections 12-3.2; 16 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of 17 Section 21-1; paragraph (1) through (5), (8), (10), and (11) 18 of subsection (a) of Section 24-1;and Section 1 of the19Boarding Aircraft With Weapon Act;(ii) a Class A misdemeanor 20 violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care 21 for Animals Act; or (iii)afelony. If the defendant is not 22 barred from receiving an order for supervision as provided in 23 this subsection, the court may enter an order for supervision 24 after considering the circumstances of the offense, and the 25 history, character and condition of the offender, if the 26 court is of the opinion that: 27 (1) the offender is not likely to commit further 28 crimes; 29 (2) the defendant and the public would be best 30 served if the defendant were not to receive a criminal 31 record; and 32 (3) in the best interests of justice an order of 33 supervision is more appropriate than a sentence otherwise 34 permitted under this Code. SB387 Enrolled -3- LRB093 02047 RLC 02048 b 1 (d) The provisions of paragraph (c) shall not apply to a 2 defendant charged with violating Section 11-501 of the 3 Illinois Vehicle Code or a similar provision of a local 4 ordinance when the defendant has previously been: 5 (1) convicted for a violation of Section 11-501 of 6 the Illinois Vehicle Code or a similar provision of a 7 local ordinance or any similar law or ordinance of 8 another state; or 9 (2) assigned supervision for a violation of Section 10 11-501 of the Illinois Vehicle Code or a similar 11 provision of a local ordinance or any similar law or 12 ordinance of another state; or 13 (3) pleaded guilty to or stipulated to the facts 14 supporting a charge or a finding of guilty to a violation 15 of Section 11-503 of the Illinois Vehicle Code or a 16 similar provision of a local ordinance or any similar law 17 or ordinance of another state, and the plea or 18 stipulation was the result of a plea agreement. 19 The court shall consider the statement of the prosecuting 20 authority with regard to the standards set forth in this 21 Section. 22 (e) The provisions of paragraph (c) shall not apply to a 23 defendant charged with violating Section 16A-3 of the 24 Criminal Code of 1961 if said defendant has within the last 5 25 years been: 26 (1) convicted for a violation of Section 16A-3 of 27 the Criminal Code of 1961; or 28 (2) assigned supervision for a violation of Section 29 16A-3 of the Criminal Code of 1961. 30 The court shall consider the statement of the prosecuting 31 authority with regard to the standards set forth in this 32 Section. 33 (f) The provisions of paragraph (c) shall not apply to a 34 defendant charged with violating Sections 15-111, 15-112, SB387 Enrolled -4- LRB093 02047 RLC 02048 b 1 15-301, paragraph (b) of Section 6-104, Section 11-605, or 2 Section 11-1414 of the Illinois Vehicle Code or a similar 3 provision of a local ordinance. 4 (g) Except as otherwise provided in paragraph (i) of 5 this Section, the provisions of paragraph (c) shall not apply 6 to a defendant charged with violating Section 3-707, 3-708, 7 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar 8 provision of a local ordinance if the defendant has within 9 the last 5 years been: 10 (1) convicted for a violation of Section 3-707, 11 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or 12 a similar provision of a local ordinance; or 13 (2) assigned supervision for a violation of Section 14 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle 15 Code or a similar provision of a local ordinance. 16 The court shall consider the statement of the prosecuting 17 authority with regard to the standards set forth in this 18 Section. 19 (h) The provisions of paragraph (c) shall not apply to a 20 defendant under the age of 21 years charged with violating a 21 serious traffic offense as defined in Section 1-187.001 of 22 the Illinois Vehicle Code: 23 (1) unless the defendant, upon payment of the 24 fines, penalties, and costs provided by law, agrees to 25 attend and successfully complete a traffic safety program 26 approved by the court under standards set by the 27 Conference of Chief Circuit Judges. The accused shall be 28 responsible for payment of any traffic safety program 29 fees. If the accused fails to file a certificate of 30 successful completion on or before the termination date 31 of the supervision order, the supervision shall be 32 summarily revoked and conviction entered. The provisions 33 of Supreme Court Rule 402 relating to pleas of guilty do 34 not apply in cases when a defendant enters a guilty plea SB387 Enrolled -5- LRB093 02047 RLC 02048 b 1 under this provision; or 2 (2) if the defendant has previously been sentenced 3 under the provisions of paragraph (c) on or after January 4 1, 1998 for any serious traffic offense as defined in 5 Section 1-187.001 of the Illinois Vehicle Code. 6 (i) The provisions of paragraph (c) shall not apply to a 7 defendant charged with violating Section 3-707 of the 8 Illinois Vehicle Code or a similar provision of a local 9 ordinance if the defendant has been assigned supervision for 10 a violation of Section 3-707 of the Illinois Vehicle Code or 11 a similar provision of a local ordinance. 12 (j) The provisions of paragraph (c) shall not apply to a 13 defendant charged with violating Section 6-303 of the 14 Illinois Vehicle Code or a similar provision of a local 15 ordinance when the revocation or suspension was for a 16 violation of Section 11-501 or a similar provision of a local 17 ordinance, a violation of Section 11-501.1 or paragraph (b) 18 of Section 11-401 of the Illinois Vehicle Code, or a 19 violation of Section 9-3 of the Criminal Code of 1961 if the 20 defendant has within the last 10 years been: 21 (1) convicted for a violation of Section 6-303 of 22 the Illinois Vehicle Code or a similar provision of a 23 local ordinance; or 24 (2) assigned supervision for a violation of Section 25 6-303 of the Illinois Vehicle Code or a similar provision 26 of a local ordinance. 27 (Source: P.A. 90-369, eff. 1-1-98; 90-738, eff. 1-1-99; 28 90-784, eff. 1-1-99; 91-114, eff. 1-1-00; 91-357, eff. 29 7-29-99.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.