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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 5-6-4 and 5-7-2 as follows:
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6 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
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7 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
8 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
9 | sentence of county impact
incarceration - Hearing.
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10 | (a) Except in cases where
conditional discharge or | ||||||
11 | supervision was imposed for a petty offense as
defined in | ||||||
12 | Section 5-1-17, when a petition is filed charging a violation | ||||||
13 | of
a condition, the court may:
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14 | (1) in the case of probation violations, order the | ||||||
15 | issuance of a notice
to the offender to be present by the | ||||||
16 | County Probation Department or such
other agency | ||||||
17 | designated by the court to handle probation matters; and in
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18 | the case of conditional discharge or supervision | ||||||
19 | violations, such notice
to the offender shall be issued by | ||||||
20 | the Circuit Court Clerk;
and in the case of a violation of | ||||||
21 | a sentence of county impact incarceration,
such notice | ||||||
22 | shall be issued by the Sheriff;
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23 | (2) order a summons to the offender to be present for |
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1 | hearing; or
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2 | (3) order a warrant for the offender's arrest where | ||||||
3 | there is danger of
his fleeing the jurisdiction or causing | ||||||
4 | serious harm to others or when the
offender fails to answer | ||||||
5 | a summons or notice from the clerk of the court or
Sheriff.
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6 | Personal service of the petition for violation of probation | ||||||
7 | or
the issuance of such warrant, summons or notice shall toll | ||||||
8 | the period of
probation, conditional discharge, supervision, | ||||||
9 | or sentence of
county impact incarceration until
the final | ||||||
10 | determination of the charge, and the term of probation,
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11 | conditional discharge, supervision, or sentence of county | ||||||
12 | impact
incarceration shall not run until the hearing and
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13 | disposition of the petition for violation.
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14 | (b) The court shall conduct a hearing of the alleged | ||||||
15 | violation. The
court shall admit the offender to bail pending | ||||||
16 | the hearing unless the
alleged violation is itself a criminal | ||||||
17 | offense in which case the
offender shall be admitted to bail on | ||||||
18 | such terms as are provided in the
Code of Criminal Procedure of | ||||||
19 | 1963, as amended. In any case where an
offender remains | ||||||
20 | incarcerated only as a result of his alleged violation of
the | ||||||
21 | court's earlier order of probation, supervision, conditional
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22 | discharge, or county impact incarceration such hearing shall be | ||||||
23 | held within
14 days of the onset of
said incarceration, unless | ||||||
24 | the alleged violation is the commission of
another offense by | ||||||
25 | the offender during the period of probation, supervision
or | ||||||
26 | conditional discharge in which case such hearing shall be held |
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1 | within
the time limits described in Section 103-5 of the Code | ||||||
2 | of Criminal
Procedure of 1963, as amended.
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3 | (c) The State has the burden of going forward with the | ||||||
4 | evidence and
proving the violation by the preponderance of the | ||||||
5 | evidence. The evidence
shall be presented in open court with | ||||||
6 | the right of confrontation,
cross-examination, and | ||||||
7 | representation by counsel.
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8 | (d) Probation, conditional discharge, periodic | ||||||
9 | imprisonment and
supervision shall not be revoked for failure | ||||||
10 | to comply with conditions
of a sentence or supervision, which | ||||||
11 | imposes financial obligations upon the
offender unless such | ||||||
12 | failure is due to his willful refusal to pay.
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13 | (e) If the court finds that the offender has violated a | ||||||
14 | condition at
any time prior to the expiration or termination of | ||||||
15 | the period, it may
continue him on the existing sentence, with | ||||||
16 | or without modifying or
enlarging the conditions, or may impose | ||||||
17 | any other sentence that was
available under Section 5-5-3 of | ||||||
18 | this Code or Section 11-501 of the Illinois Vehicle Code at the | ||||||
19 | time of initial sentencing.
If the court finds that the person | ||||||
20 | has failed to successfully complete his or
her sentence to a | ||||||
21 | county impact incarceration program, the court may impose any
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22 | other sentence that was available under Section 5-5-3 of this | ||||||
23 | Code or Section 11-501 of the Illinois Vehicle Code at the time | ||||||
24 | of initial
sentencing,
except for a sentence of probation or | ||||||
25 | conditional discharge. If the court finds that the offender has | ||||||
26 | violated paragraph (8.6) of subsection (a) of Section 5-6-3, |
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1 | the court shall revoke the probation of the offender. If the | ||||||
2 | court finds that the offender has violated subsection (o) of | ||||||
3 | Section 5-6-3.1, the court shall revoke the supervision of the | ||||||
4 | offender.
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5 | (f) The conditions of probation, of conditional discharge, | ||||||
6 | of
supervision, or of a sentence of county impact incarceration | ||||||
7 | may be
modified by the court on motion of the supervising | ||||||
8 | agency or on its own motion or at the request of the offender | ||||||
9 | after
notice and a hearing.
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10 | (g) A judgment revoking supervision, probation, | ||||||
11 | conditional
discharge, or a sentence of county impact | ||||||
12 | incarceration is a final
appealable order.
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13 | (h) Resentencing after revocation of probation, | ||||||
14 | conditional
discharge, supervision, or a sentence of county | ||||||
15 | impact
incarceration shall be under Article 4. The term
Time | ||||||
16 | served on
probation, conditional discharge or supervision | ||||||
17 | shall not be credited by
the court against a sentence of | ||||||
18 | imprisonment or periodic imprisonment
unless the court orders | ||||||
19 | otherwise. The amount of credit to be applied against a | ||||||
20 | sentence of imprisonment or periodic imprisonment when the | ||||||
21 | defendant served a term or partial term of periodic | ||||||
22 | imprisonment shall be calculated upon the basis of the actual | ||||||
23 | days spent in confinement rather than the duration of the term.
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24 | (i) Instead of filing a violation of probation, conditional | ||||||
25 | discharge,
supervision, or a sentence of county impact | ||||||
26 | incarceration, an agent or
employee of the
supervising agency |
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1 | with the concurrence of his or
her
supervisor may serve on the | ||||||
2 | defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||||||
3 | contain the technical violation or violations involved, the | ||||||
4 | date
or dates of the violation or violations, and the | ||||||
5 | intermediate sanctions to be
imposed. Upon receipt of the | ||||||
6 | Notice, the defendant shall immediately accept or
reject the | ||||||
7 | intermediate sanctions. If the sanctions are accepted, they | ||||||
8 | shall
be imposed immediately. If the intermediate sanctions are | ||||||
9 | rejected or the
defendant does not respond to the Notice, a | ||||||
10 | violation of probation, conditional
discharge, supervision, or | ||||||
11 | a sentence of county impact incarceration
shall be immediately | ||||||
12 | filed with the court. The
State's Attorney and the sentencing | ||||||
13 | court shall be notified of the Notice of
Sanctions. Upon | ||||||
14 | successful completion of the intermediate sanctions, a court
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15 | may not revoke probation, conditional discharge, supervision, | ||||||
16 | or a
sentence of county impact incarceration or impose
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17 | additional sanctions for the same violation.
A notice of | ||||||
18 | intermediate sanctions may not be issued for any violation of
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19 | probation, conditional discharge, supervision, or a sentence | ||||||
20 | of county
impact incarceration which could warrant an
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21 | additional, separate felony charge.
The intermediate sanctions | ||||||
22 | shall include a term of home detention as provided
in Article | ||||||
23 | 8A of Chapter V of this Code for multiple or repeat violations | ||||||
24 | of
the terms and conditions of a sentence of probation, | ||||||
25 | conditional discharge, or
supervision. | ||||||
26 | (j) When an offender is re-sentenced after revocation of |
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1 | probation that was imposed in combination with a sentence of | ||||||
2 | imprisonment for the same offense, the aggregate of the | ||||||
3 | sentences may not exceed the maximum term authorized under | ||||||
4 | Article 8 of this Chapter.
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5 | (Source: P.A. 93-800, eff. 1-1-05; 93-1014, eff. 1-1-05; | ||||||
6 | 94-161, eff. 7-11-05.)
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7 | (730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
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8 | Sec. 5-7-2. Modification and Revocation. (a) A sentence of | ||||||
9 | periodic imprisonment may be modified or revoked
by the court | ||||||
10 | if:
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11 | (1) the offender commits another offense; or
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12 | (2) the offender violates any of the conditions of the | ||||||
13 | sentence; or
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14 | (3) the offender violates any rule or regulation of the | ||||||
15 | institution,
agency or Department to which he has been | ||||||
16 | committed.
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17 | (b) If the offender violates the order of periodic | ||||||
18 | imprisonment, the
Department of Corrections, the sheriff, or | ||||||
19 | the superintendent of the
house of corrections shall report | ||||||
20 | such violation to the
court.
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21 | (c) The court shall not modify or revoke a sentence of | ||||||
22 | periodic
imprisonment unless the offender has been given | ||||||
23 | written notice and
afforded a hearing under Section 5-6-4. If | ||||||
24 | the offender is
incarcerated as a result of his alleged | ||||||
25 | violation of the court's
prior order, such hearing shall be |
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1 | held within 14 days of the
onset of said incarceration. Where a | ||||||
2 | sentence of periodic
imprisonment is revoked, the court may | ||||||
3 | impose any other sentence that
was available at the time of | ||||||
4 | initial sentencing. That part of the term
under paragraph (d) | ||||||
5 | of Section 5-7-1 which has been served under the
sentence of | ||||||
6 | periodic imprisonment shall be credited against a sentence
of | ||||||
7 | imprisonment.
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8 | (Source: P.A. 80-1099.)
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