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1 | | AN ACT concerning criminal law, which may be referred to as |
2 | | the Incentivized Education and Family Support for Community |
3 | | Corrections Amendments.
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4 | | Be it enacted by the People of the State of Illinois,
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5 | | represented in the General Assembly:
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6 | | Section 5. The Unified Code of Corrections is amended by |
7 | | changing Section 5-6-2 as follows:
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8 | | (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
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9 | | Sec. 5-6-2. Incidents of Probation and of Conditional |
10 | | Discharge.
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11 | | (a) When an offender is sentenced to probation or |
12 | | conditional discharge,
the court shall impose a period as |
13 | | provided in Article 4.5 of Chapter V, and
shall specify the |
14 | | conditions under Section 5-6-3.
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15 | | (b) Multiple terms of probation imposed at the same time |
16 | | shall run
concurrently.
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17 | | (c) The court may at any time terminate probation or |
18 | | conditional
discharge if warranted by the conduct of the |
19 | | offender and the ends of
justice, as provided in Section 5-6-4.
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20 | | (c-1) For purposes of this subsection (c-1), a "violent |
21 | | offense" means an offense in which bodily harm is inflicted or |
22 | | force is used against any person or threatened against any |
23 | | person; an offense involving sexual conduct, sexual |
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1 | | penetration, or sexual exploitation; an offense involving |
2 | | domestic violence; an offense of domestic battery, violation of |
3 | | an order of protection, stalking, or hate crime; an offense of |
4 | | driving under the influence of drugs or alcohol; or an offense |
5 | | involving the possession of a firearm or dangerous weapon. An |
6 | | offender, other than an offender sentenced on a violent |
7 | | offense, shall be entitled to a time credit toward the |
8 | | completion of the offender's probation or conditional |
9 | | discharge as follows: |
10 | | (1) For obtaining a high school diploma or GED: 90 |
11 | | days. |
12 | | (2) For obtaining an associate's degree, career |
13 | | certificate, or vocational technical certification: 120 |
14 | | days. |
15 | | (3) For obtaining a bachelor's degree: 180 days. |
16 | | An offender's supervising officer shall promptly and as |
17 | | soon as practicable notify the court of the offender's right to |
18 | | time credits under this subsection (c-1). Upon receipt of this |
19 | | notification, the court shall enter an order modifying the |
20 | | offender's remaining period of probation or conditional |
21 | | discharge to reflect the time credit earned. If, before the |
22 | | expiration of the original period or a reduced period of |
23 | | probation or conditional discharge, the court, after a hearing |
24 | | under Section 5-6-4 of this Code, finds that an offender |
25 | | violated one or more conditions of probation or conditional |
26 | | discharge, the court may order that some or all of the time |
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1 | | credit to which the offender is entitled under this Section be |
2 | | forfeited. |
3 | | (d) Upon the expiration or termination of the period of |
4 | | probation or
of conditional discharge, the court shall enter an |
5 | | order discharging the
offender.
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6 | | (e) The court may extend any period of probation or |
7 | | conditional
discharge beyond the limits set forth in Article |
8 | | 4.5 of Chapter V
upon
a violation of a condition of the |
9 | | probation or conditional discharge, for the
payment of an |
10 | | assessment required by Section 10.3 of the
Cannabis Control |
11 | | Act, Section 411.2 of the Illinois Controlled
Substances Act, |
12 | | or Section 80 of the Methamphetamine Control and Community |
13 | | Protection Act, or for the payment of restitution as
provided |
14 | | by an order of restitution under Section 5-5-6 of this Code. |
15 | | (f) The court may impose a term of probation that is |
16 | | concurrent or consecutive to a term of imprisonment so long as |
17 | | the maximum term imposed does not exceed the maximum term |
18 | | provided under Article 4.5 of Chapter V or Article 8 of this |
19 | | Chapter. The court may provide that probation may commence |
20 | | while an offender is on mandatory supervised release, |
21 | | participating in a day release program, or being monitored by |
22 | | an electronic monitoring device.
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23 | | (Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09 .)
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24 | | Section 99. Effective date. This Act takes effect upon |
25 | | becoming law.
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