Full Text of SB2654 93rd General Assembly
SB2654sam002 93RD GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/10/2004
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LRB093 18592 RLC 48518 a |
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| AMENDMENT TO SENATE BILL 2654
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| AMENDMENT NO. ______. Amend Senate Bill 2654, AS AMENDED, | 3 |
| by replacing the introductory clause of Section 5 with the | 4 |
| following:
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| "Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Sections 5-5-3, 5-6-1, 5-6-2, 5-6-4, and 5-8-4 as | 7 |
| follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
| 10 |
| (a) Every person convicted of an offense shall be sentenced | 11 |
| as provided
in this Section.
| 12 |
| (b) The following options shall be appropriate | 13 |
| dispositions, alone
or in combination, for all felonies and | 14 |
| misdemeanors other than those
identified in subsection (c) of | 15 |
| this Section:
| 16 |
| (1) A period of probation.
| 17 |
| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and | 21 |
| repair the
damage, if the offender was convicted under | 22 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 23 |
| (now repealed) .
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| (6) A fine.
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| (7) An order directing the offender to make restitution | 2 |
| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact | 4 |
| incarceration
program under Section 5-8-1.2 of this Code. | 5 |
| (9) A term of imprisonment in combination with a term | 6 |
| of probation when the offender has been admitted into a | 7 |
| drug court program under Section 20 of the Drug Court | 8 |
| Treatment Act.
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| Whenever an individual is sentenced for an offense based | 10 |
| upon an
arrest for a violation of Section 11-501 of the | 11 |
| Illinois Vehicle Code, or a
similar provision of a local | 12 |
| ordinance, and the professional evaluation
recommends remedial | 13 |
| or rehabilitative treatment or education, neither the
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| treatment nor the education shall be the sole disposition and | 15 |
| either or
both may be imposed only in conjunction with another | 16 |
| disposition.
The court shall monitor compliance with any | 17 |
| remedial education or treatment
recommendations contained in | 18 |
| the professional evaluation. Programs
conducting alcohol or | 19 |
| other drug evaluation or remedial education must be
licensed by | 20 |
| the Department of Human Services. However,
if the individual is | 21 |
| not a resident of Illinois, the court may accept an
alcohol or | 22 |
| other drug evaluation or remedial education program in the | 23 |
| state
of such individual's residence. Programs providing | 24 |
| treatment must be
licensed under existing applicable | 25 |
| alcoholism and drug treatment licensure
standards.
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| In addition to any other fine or penalty required by law, | 27 |
| any
individual convicted of a violation of Section 11-501 of | 28 |
| the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | 29 |
| Registration and Safety Act,
Section 5-16 of the Boat | 30 |
| Registration and Safety Act, or a similar provision of
local | 31 |
| ordinance, whose operation of
a motor vehicle while in | 32 |
| violation of Section 11-501, Section 5-7, Section
5-16, or such | 33 |
| ordinance
proximately caused an incident resulting in an | 34 |
| appropriate emergency
response, shall be required to make |
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| restitution to a public agency for the
costs of that emergency | 2 |
| response. Such restitution shall not exceed $1,000 per
public | 3 |
| agency for each such emergency response. For the purpose
of
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| this paragraph, emergency response shall mean any incident | 5 |
| requiring a response
by: a police officer as defined under | 6 |
| Section 1-162 of the Illinois Vehicle
Code; a fireman carried | 7 |
| on the rolls of a regularly constituted fire
department; and an | 8 |
| ambulance as defined under Section 3.85 of the
Emergency | 9 |
| Medical Services (EMS) Systems Act.
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| Neither a fine nor restitution shall be the sole | 11 |
| disposition
for a felony and either or both may be imposed only | 12 |
| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree | 14 |
| murder the
State may either seek a sentence of imprisonment | 15 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 16 |
| a sentence of death under Section 9-1
of the Criminal Code | 17 |
| of 1961.
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| (2) A period of probation, a term of periodic | 19 |
| imprisonment or
conditional discharge shall not be imposed | 20 |
| for the following offenses.
The court shall sentence the | 21 |
| offender to not less than the minimum term
of imprisonment | 22 |
| set forth in this Code for the following offenses, and
may | 23 |
| order a fine or restitution or both in conjunction with | 24 |
| such term of
imprisonment:
| 25 |
| (A) First degree murder where the death penalty is | 26 |
| not imposed.
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of | 31 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 32 |
| which relates to more than 5 grams of a substance
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| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis |
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| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 3 |
| been convicted
of a Class 2 or greater felony within 10 | 4 |
| years of the date on which the
offender
committed the | 5 |
| offense for which he or she is being sentenced, except | 6 |
| as
otherwise provided in Section 40-10 of the | 7 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (G) Residential burglary, except as otherwise | 9 |
| provided in Section 40-10
of the Alcoholism and Other | 10 |
| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to | 14 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 16 |
| paragraph, "organized
gang" means an association of 5 | 17 |
| or more persons, with an established hierarchy,
that | 18 |
| encourages members of the association to perpetrate | 19 |
| crimes or provides
support to the members of the | 20 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 22 |
| paragraph,
"organized gang" has the meaning ascribed | 23 |
| to it in Section 10 of the Illinois
Streetgang | 24 |
| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 27 |
| offense of hate crime
when the underlying offense upon | 28 |
| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the | 31 |
| offense of institutional
vandalism if the damage to the | 32 |
| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 34 |
| subsection (a) of
Section 2 of the Firearm Owners |
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| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 3 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), | 5 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 6 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 8 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 10 |
| Code of
1961.
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| (S) A violation of Section 11-501(c-1)(3) of the | 12 |
| Illinois Vehicle
Code.
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| (T) A second or subsequent violation of paragraph | 14 |
| (6.6) of subsection
(a), subsection (c-5), or | 15 |
| subsection (d-5) of Section 401 of the Illinois
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| Controlled Substances Act.
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| (3) A minimum term of imprisonment of not less than 5 | 18 |
| days
or 30 days of community service as may be determined | 19 |
| by the
court shall
be imposed for a second violation | 20 |
| committed within 5 years
of a previous violation of Section | 21 |
| 11-501 of the Illinois Vehicle Code or
a similar provision | 22 |
| of a local ordinance.
In the case of a third or
subsequent | 23 |
| violation committed within 5 years of a previous violation | 24 |
| of
Section 11-501 of the Illinois Vehicle Code or a similar | 25 |
| provision of a local
ordinance, a minimum term of either 10 | 26 |
| days of imprisonment or 60 days of
community service shall | 27 |
| be imposed.
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be | 30 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 31 |
| of the Illinois Vehicle Code.
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| (4.1) A minimum term of 30 consecutive days of | 33 |
| imprisonment,
40 days of 24 hour periodic imprisonment or | 34 |
| 720 hours of community
service, as may be determined by the |
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| court, shall be imposed for a violation of
Section 11-501 | 2 |
| of the Illinois Vehicle Code during a period in which the
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| defendant's driving privileges are revoked or suspended,
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| where the revocation or suspension was for a
violation of | 5 |
| Section
11-501 or Section 11-501.1 of that Code.
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| (4.2) Except as provided in paragraph (4.3) of this | 7 |
| subsection (c), a
minimum of
100 hours of community service | 8 |
| shall be imposed for a second violation of
Section 6-303
of | 9 |
| the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 | 11 |
| hours of community
service, as determined by the court, | 12 |
| shall
be imposed for a second violation of subsection (c) | 13 |
| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraph (4.5) and | 15 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 16 |
| imprisonment of 30 days or 300 hours of community service, | 17 |
| as
determined by the court, shall
be imposed
for a third or | 18 |
| subsequent violation of Section 6-303 of the Illinois | 19 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 21 |
| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) A minimum term of imprisonment of 180 days shall | 24 |
| be imposed for a
fourth or subsequent violation of | 25 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 26 |
| Code.
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| (5) The court may sentence an offender convicted of a | 28 |
| business
offense or a petty offense or a corporation or | 29 |
| unincorporated
association convicted of any offense to:
| 30 |
| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section | 33 |
| 5-5-6 of this Code.
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| (5.1) In addition to any penalties imposed under |
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| paragraph (5) of this
subsection (c), and except as | 2 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 3 |
| violating subsection (c) of Section 11-907 of the Illinois
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| Vehicle Code shall have his or her driver's license, | 5 |
| permit, or privileges
suspended for at least 90 days but | 6 |
| not more than one year, if the violation
resulted in damage | 7 |
| to the property of another person.
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| (5.2) In addition to any penalties imposed under | 9 |
| paragraph (5) of this
subsection (c), and except as | 10 |
| provided in paragraph (5.3), a person convicted
of | 11 |
| violating subsection (c) of Section 11-907 of the Illinois | 12 |
| Vehicle Code
shall have his or her driver's license, | 13 |
| permit, or privileges suspended for at
least 180 days but | 14 |
| not more than 2 years, if the violation resulted in injury
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| to
another person.
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| (5.3) In addition to any penalties imposed under | 17 |
| paragraph (5) of
this
subsection (c), a person convicted of | 18 |
| violating subsection (c) of Section
11-907 of the Illinois | 19 |
| Vehicle Code shall have his or her driver's license,
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| permit, or privileges suspended for 2 years, if the | 21 |
| violation resulted in the
death of another person.
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| (6) In no case shall an offender be eligible for a | 23 |
| disposition of
probation or conditional discharge for a | 24 |
| Class 1 felony committed while
he was serving a term of | 25 |
| probation or conditional discharge for a felony.
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| (7) When a defendant is adjudged a habitual criminal | 27 |
| under Article
33B of the Criminal Code of 1961, the court | 28 |
| shall sentence
the defendant to a term of natural life | 29 |
| imprisonment.
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| (8) When a defendant, over the age of 21 years, is | 31 |
| convicted of a
Class 1 or Class 2 felony, after having | 32 |
| twice been convicted
in any state or
federal court of an | 33 |
| offense that contains the same elements as an offense now
| 34 |
| classified in Illinois as a Class 2 or greater Class felony
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| and such charges are
separately brought and tried and arise | 2 |
| out of different series of acts,
such defendant shall be | 3 |
| sentenced as a Class X offender. This paragraph
shall not | 4 |
| apply unless (1) the first felony was committed after the
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| effective date of this amendatory Act of 1977; and (2) the | 6 |
| second felony
was committed after conviction on the first; | 7 |
| and (3) the third felony
was committed after conviction on | 8 |
| the second.
A person sentenced as a Class X offender under | 9 |
| this paragraph is not
eligible to apply for treatment as a | 10 |
| condition of probation as provided by
Section 40-10 of the | 11 |
| Alcoholism and Other Drug Abuse and Dependency Act.
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| (9) A defendant convicted of a second or subsequent | 13 |
| offense of ritualized
abuse of a child may be sentenced to | 14 |
| a term of natural life imprisonment.
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| (10) When a person is convicted of violating Section | 16 |
| 11-501 of the
Illinois
Vehicle Code or a similar provision | 17 |
| of a local ordinance, the following
penalties apply when | 18 |
| his or her blood,
breath, or urine was .16 or more based on | 19 |
| the definition of blood, breath, or
urine units in
Section | 20 |
| 11-501.2
or that person is convicted of violating Section | 21 |
| 11-501 of the Illinois Vehicle
Code while
transporting a | 22 |
| child under the age of 16:
| 23 |
| (A) For a first violation of subsection (a) of | 24 |
| Section 11-501, in
addition to any other penalty that | 25 |
| may be imposed under subsection (c) of
Section 11-501: | 26 |
| a
mandatory
minimum of
100 hours of community
service | 27 |
| and a minimum fine of
$500.
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| (B) For a second violation of subsection (a) of | 29 |
| Section 11-501, in
addition to any other penalty that | 30 |
| may be imposed under subsection (c) of
Section 11-501 | 31 |
| within 10
years: a
mandatory minimum of 2
days of | 32 |
| imprisonment
and a minimum fine of $1,250.
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| (C) For a third violation of subsection (a) of | 34 |
| Section 11-501, in
addition to any other penalty that |
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| may be imposed under subsection (c) of
Section 11-501 | 2 |
| within 20
years: a
mandatory
minimum of 90 days of | 3 |
| imprisonment and a minimum
fine of $2,500.
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| (D) For a fourth or subsequent violation of | 5 |
| subsection (a) of Section
11-501: ineligibility for a | 6 |
| sentence
of probation or conditional discharge and a | 7 |
| minimum
fine of $2,500.
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| (d) In any case in which a sentence originally imposed is | 9 |
| vacated,
the case shall be remanded to the trial court. The | 10 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 11 |
| Unified Code of Corrections
which may include evidence of the | 12 |
| defendant's life, moral character and
occupation during the | 13 |
| time since the original sentence was passed. The
trial court | 14 |
| shall then impose sentence upon the defendant. The trial
court | 15 |
| may impose any sentence which could have been imposed at the
| 16 |
| original trial subject to Section 5-5-4 of the Unified Code of | 17 |
| Corrections.
If a sentence is vacated on appeal or on | 18 |
| collateral attack due to the
failure of the trier of fact at | 19 |
| trial to determine beyond a reasonable doubt
the
existence of a | 20 |
| fact (other than a prior conviction) necessary to increase the
| 21 |
| punishment for the offense beyond the statutory maximum | 22 |
| otherwise applicable,
either the defendant may be re-sentenced | 23 |
| to a term within the range otherwise
provided or, if the State | 24 |
| files notice of its intention to again seek the
extended | 25 |
| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal | 27 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 28 |
| results in conviction of a defendant
who was a family member of | 29 |
| the victim at the time of the commission of the
offense, the | 30 |
| court shall consider the safety and welfare of the victim and
| 31 |
| may impose a sentence of probation only where:
| 32 |
| (1) the court finds (A) or (B) or both are appropriate:
| 33 |
| (A) the defendant is willing to undergo a court | 34 |
| approved counseling
program for a minimum duration of 2 |
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| years; or
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| (B) the defendant is willing to participate in a | 3 |
| court approved plan
including but not limited to the | 4 |
| defendant's:
| 5 |
| (i) removal from the household;
| 6 |
| (ii) restricted contact with the victim;
| 7 |
| (iii) continued financial support of the | 8 |
| family;
| 9 |
| (iv) restitution for harm done to the victim; | 10 |
| and
| 11 |
| (v) compliance with any other measures that | 12 |
| the court may
deem appropriate; and
| 13 |
| (2) the court orders the defendant to pay for the | 14 |
| victim's counseling
services, to the extent that the court | 15 |
| finds, after considering the
defendant's income and | 16 |
| assets, that the defendant is financially capable of
paying | 17 |
| for such services, if the victim was under 18 years of age | 18 |
| at the
time the offense was committed and requires | 19 |
| counseling as a result of the
offense.
| 20 |
| Probation may be revoked or modified pursuant to Section | 21 |
| 5-6-4; except
where the court determines at the hearing that | 22 |
| the defendant violated a
condition of his or her probation | 23 |
| restricting contact with the victim or
other family members or | 24 |
| commits another offense with the victim or other
family | 25 |
| members, the court shall revoke the defendant's probation and
| 26 |
| impose a term of imprisonment.
| 27 |
| For the purposes of this Section, "family member" and | 28 |
| "victim" shall have
the meanings ascribed to them in Section | 29 |
| 12-12 of the Criminal Code of
1961.
| 30 |
| (f) This Article shall not deprive a court in other | 31 |
| proceedings to
order a forfeiture of property, to suspend or | 32 |
| cancel a license, to
remove a person from office, or to impose | 33 |
| any other civil penalty.
| 34 |
| (g) Whenever a defendant is convicted of an offense under |
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| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 2 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 3 |
| of the Criminal Code of 1961,
the defendant shall undergo | 4 |
| medical testing to
determine whether the defendant has any | 5 |
| sexually transmissible disease,
including a test for infection | 6 |
| with human immunodeficiency virus (HIV) or
any other identified | 7 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 8 |
| Any such medical test shall be performed only by appropriately
| 9 |
| licensed medical practitioners and may include an analysis of | 10 |
| any bodily
fluids as well as an examination of the defendant's | 11 |
| person.
Except as otherwise provided by law, the results of | 12 |
| such test shall be kept
strictly confidential by all medical | 13 |
| personnel involved in the testing and must
be personally | 14 |
| delivered in a sealed envelope to the judge of the court in | 15 |
| which
the conviction was entered for the judge's inspection in | 16 |
| camera. Acting in
accordance with the best interests of the | 17 |
| victim and the public, the judge
shall have the discretion to | 18 |
| determine to whom, if anyone, the results of the
testing may be | 19 |
| revealed. The court shall notify the defendant
of the test | 20 |
| results. The court shall
also notify the victim if requested by | 21 |
| the victim, and if the victim is under
the age of 15 and if | 22 |
| requested by the victim's parents or legal guardian, the
court | 23 |
| shall notify the victim's parents or legal guardian of the test
| 24 |
| results.
The court shall provide information on the | 25 |
| availability of HIV testing
and counseling at Department of | 26 |
| Public Health facilities to all parties to
whom the results of | 27 |
| the testing are revealed and shall direct the State's
Attorney | 28 |
| to provide the information to the victim when possible.
A | 29 |
| State's Attorney may petition the court to obtain the results | 30 |
| of any HIV test
administered under this Section, and the court | 31 |
| shall grant the disclosure if
the State's Attorney shows it is | 32 |
| relevant in order to prosecute a charge of
criminal | 33 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 34 |
| of 1961
against the defendant. The court shall order that the |
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| cost of any such test
shall be paid by the county and may be | 2 |
| taxed as costs against the convicted
defendant.
| 3 |
| (g-5) When an inmate is tested for an airborne communicable | 4 |
| disease, as
determined by the Illinois Department of Public | 5 |
| Health including but not
limited to tuberculosis, the results | 6 |
| of the test shall be
personally delivered by the warden or his | 7 |
| or her designee in a sealed envelope
to the judge of the court | 8 |
| in which the inmate must appear for the judge's
inspection in | 9 |
| camera if requested by the judge. Acting in accordance with the
| 10 |
| best interests of those in the courtroom, the judge shall have | 11 |
| the discretion
to determine what if any precautions need to be | 12 |
| taken to prevent transmission
of the disease in the courtroom.
| 13 |
| (h) Whenever a defendant is convicted of an offense under | 14 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 15 |
| defendant shall undergo
medical testing to determine whether | 16 |
| the defendant has been exposed to human
immunodeficiency virus | 17 |
| (HIV) or any other identified causative agent of
acquired | 18 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 19 |
| by
law, the results of such test shall be kept strictly | 20 |
| confidential by all
medical personnel involved in the testing | 21 |
| and must be personally delivered in a
sealed envelope to the | 22 |
| judge of the court in which the conviction was entered
for the | 23 |
| judge's inspection in camera. Acting in accordance with the | 24 |
| best
interests of the public, the judge shall have the | 25 |
| discretion to determine to
whom, if anyone, the results of the | 26 |
| testing may be revealed. The court shall
notify the defendant | 27 |
| of a positive test showing an infection with the human
| 28 |
| immunodeficiency virus (HIV). The court shall provide | 29 |
| information on the
availability of HIV testing and counseling | 30 |
| at Department of Public Health
facilities to all parties to | 31 |
| whom the results of the testing are revealed and
shall direct | 32 |
| the State's Attorney to provide the information to the victim | 33 |
| when
possible. A State's Attorney may petition the court to | 34 |
| obtain the results of
any HIV test administered under this |
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| Section, and the court shall grant the
disclosure if the | 2 |
| State's Attorney shows it is relevant in order to prosecute a
| 3 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 4 |
| the Criminal
Code of 1961 against the defendant. The court | 5 |
| shall order that the cost of any
such test shall be paid by the | 6 |
| county and may be taxed as costs against the
convicted | 7 |
| defendant.
| 8 |
| (i) All fines and penalties imposed under this Section for | 9 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 10 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 11 |
| any violation
of the Child Passenger Protection Act, or a | 12 |
| similar provision of a local
ordinance, shall be collected and | 13 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 14 |
| of the Clerks of Courts Act.
| 15 |
| (j) In cases when prosecution for any violation of Section | 16 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 17 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 18 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 19 |
| Code of 1961, any violation of the Illinois Controlled | 20 |
| Substances Act,
or any violation of the Cannabis Control Act | 21 |
| results in conviction, a
disposition of court supervision, or | 22 |
| an order of probation granted under
Section 10 of the Cannabis | 23 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 24 |
| Act of a defendant, the court shall determine whether the
| 25 |
| defendant is employed by a facility or center as defined under | 26 |
| the Child Care
Act of 1969, a public or private elementary or | 27 |
| secondary school, or otherwise
works with children under 18 | 28 |
| years of age on a daily basis. When a defendant
is so employed, | 29 |
| the court shall order the Clerk of the Court to send a copy of
| 30 |
| the judgment of conviction or order of supervision or probation | 31 |
| to the
defendant's employer by certified mail.
If the employer | 32 |
| of the defendant is a school, the Clerk of the Court shall
| 33 |
| direct the mailing of a copy of the judgment of conviction or | 34 |
| order of
supervision or probation to the appropriate regional |
|
|
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| 1 |
| superintendent of schools.
The regional superintendent of | 2 |
| schools shall notify the State Board of
Education of any | 3 |
| notification under this subsection.
| 4 |
| (j-5) A defendant at least 17 years of age who is convicted | 5 |
| of a felony and
who has not been previously convicted of a | 6 |
| misdemeanor or felony and who is
sentenced to a term of | 7 |
| imprisonment in the Illinois Department of Corrections
shall as | 8 |
| a condition of his or her sentence be required by the court to | 9 |
| attend
educational courses designed to prepare the defendant | 10 |
| for a high school diploma
and to work toward a high school | 11 |
| diploma or to work toward passing the high
school level Test of | 12 |
| General Educational Development (GED) or to work toward
| 13 |
| completing a vocational training program offered by the | 14 |
| Department of
Corrections. If a defendant fails to complete the | 15 |
| educational training
required by his or her sentence during the | 16 |
| term of incarceration, the Prisoner
Review Board shall, as a | 17 |
| condition of mandatory supervised release, require the
| 18 |
| defendant, at his or her own expense, to pursue a course of | 19 |
| study toward a high
school diploma or passage of the GED test. | 20 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 21 |
| release of a defendant who wilfully fails to
comply with this | 22 |
| subsection (j-5) upon his or her release from confinement in a
| 23 |
| penal institution while serving a mandatory supervised release | 24 |
| term; however,
the inability of the defendant after making a | 25 |
| good faith effort to obtain
financial aid or pay for the | 26 |
| educational training shall not be deemed a wilful
failure to | 27 |
| comply. The Prisoner Review Board shall recommit the defendant
| 28 |
| whose mandatory supervised release term has been revoked under | 29 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 30 |
| subsection (j-5) does not apply to a
defendant who has a high | 31 |
| school diploma or has successfully passed the GED
test. This | 32 |
| subsection (j-5) does not apply to a defendant who is | 33 |
| determined by
the court to be developmentally disabled or | 34 |
| otherwise mentally incapable of
completing the educational or |
|
|
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| 1 |
| vocational program.
| 2 |
| (k) A court may not impose a sentence or disposition for a
| 3 |
| felony or misdemeanor that requires the defendant to be | 4 |
| implanted or injected
with or to use any form of birth control.
| 5 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 6 |
| (l), whenever a defendant,
who is an alien as defined by | 7 |
| the Immigration and Nationality Act, is convicted
of any | 8 |
| felony or misdemeanor offense, the court after sentencing | 9 |
| the defendant
may, upon motion of the State's Attorney, | 10 |
| hold sentence in abeyance and remand
the defendant to the | 11 |
| custody of the Attorney General of
the United States or his | 12 |
| or her designated agent to be deported when:
| 13 |
| (1) a final order of deportation has been issued | 14 |
| against the defendant
pursuant to proceedings under | 15 |
| the Immigration and Nationality Act, and
| 16 |
| (2) the deportation of the defendant would not | 17 |
| deprecate the seriousness
of the defendant's conduct | 18 |
| and would not be inconsistent with the ends of
justice.
| 19 |
| Otherwise, the defendant shall be sentenced as | 20 |
| provided in this Chapter V.
| 21 |
| (B) If the defendant has already been sentenced for a | 22 |
| felony or
misdemeanor
offense, or has been placed on | 23 |
| probation under Section 10 of the Cannabis
Control Act or | 24 |
| Section 410 of the Illinois Controlled Substances Act, the | 25 |
| court
may, upon motion of the State's Attorney to suspend | 26 |
| the
sentence imposed, commit the defendant to the custody | 27 |
| of the Attorney General
of the United States or his or her | 28 |
| designated agent when:
| 29 |
| (1) a final order of deportation has been issued | 30 |
| against the defendant
pursuant to proceedings under | 31 |
| the Immigration and Nationality Act, and
| 32 |
| (2) the deportation of the defendant would not | 33 |
| deprecate the seriousness
of the defendant's conduct | 34 |
| and would not be inconsistent with the ends of
justice.
|
|
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| (C) This subsection (l) does not apply to offenders who | 2 |
| are subject to the
provisions of paragraph (2) of | 3 |
| subsection (a) of Section 3-6-3.
| 4 |
| (D) Upon motion of the State's Attorney, if a defendant | 5 |
| sentenced under
this Section returns to the jurisdiction of | 6 |
| the United States, the defendant
shall be recommitted to | 7 |
| the custody of the county from which he or she was
| 8 |
| sentenced.
Thereafter, the defendant shall be brought | 9 |
| before the sentencing court, which
may impose any sentence | 10 |
| that was available under Section 5-5-3 at the time of
| 11 |
| initial sentencing. In addition, the defendant shall not be | 12 |
| eligible for
additional good conduct credit for | 13 |
| meritorious service as provided under
Section 3-6-6.
| 14 |
| (m) A person convicted of criminal defacement of property | 15 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 16 |
| property damage exceeds $300
and the property damaged is a | 17 |
| school building, shall be ordered to perform
community service | 18 |
| that may include cleanup, removal, or painting over the
| 19 |
| defacement.
| 20 |
| (n) The court may sentence a person convicted of a | 21 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 22 |
| Code of 1961 (i) to an impact
incarceration program if the | 23 |
| person is otherwise eligible for that program
under Section | 24 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 25 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 26 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 27 |
| program licensed under that
Act.
| 28 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | 29 |
| 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | 30 |
| 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | 31 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | 32 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | 33 |
| eff. 1-1-04; revised 10-9-03 .)
|
|
|
|
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|
| 1 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 2 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 3 |
| Discharge and Disposition of Supervision.
The General Assembly | 4 |
| finds that in order to protect the public, the
criminal justice | 5 |
| system must compel compliance with the conditions of probation
| 6 |
| by responding to violations with swift, certain and fair | 7 |
| punishments and
intermediate sanctions. The Chief Judge of each | 8 |
| circuit shall adopt a system of
structured, intermediate | 9 |
| sanctions for violations of the terms and conditions
of a | 10 |
| sentence of probation, conditional discharge or disposition of
| 11 |
| supervision.
| 12 |
| (a) Except where specifically prohibited by other
| 13 |
| provisions of this Code, the court shall impose a sentence
of | 14 |
| probation or conditional discharge upon an offender
unless, | 15 |
| having regard to the nature and circumstance of
the offense, | 16 |
| and to the history, character and condition
of the offender, | 17 |
| the court is of the opinion that:
| 18 |
| (1) his imprisonment or periodic imprisonment is | 19 |
| necessary
for the protection of the public; or
| 20 |
| (2) probation or conditional discharge would deprecate
| 21 |
| the seriousness of the offender's conduct and would be
| 22 |
| inconsistent with the ends of justice ; or .
| 23 |
| (3) a combination of imprisonment with concurrent or | 24 |
| consecutive probation when an offender has been admitted | 25 |
| into a drug court program under Section 20 of the Drug | 26 |
| Court Treatment Act is necessary for the protection of the | 27 |
| public and for the rehabilitation of the offender.
| 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 | 32 |
| circuit court for violations of the terms and conditions of the | 33 |
| sentence of
probation, conditional discharge, or supervision, | 34 |
| subject to the provisions of
Section 5-6-4 of this Act.
|
|
|
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| (b) The court may impose a sentence of conditional
| 2 |
| discharge for an offense if the court is of the opinion
that | 3 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 4 |
| nor of probation supervision is appropriate.
| 5 |
| (c) The court may, upon a plea of guilty or a stipulation
| 6 |
| by the defendant of the facts supporting the charge or a
| 7 |
| finding of guilt, defer further proceedings and the
imposition | 8 |
| of a sentence, and enter an order for supervision of the | 9 |
| defendant,
if the defendant is not charged with: (i) a Class A | 10 |
| misdemeanor, as
defined by the following provisions of the | 11 |
| Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | 12 |
| 31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | 13 |
| (1) through (5), (8), (10), and (11) of subsection (a) of | 14 |
| Section
24-1; (ii) a Class A misdemeanor violation of Section
| 15 |
| 3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | 16 |
| (iii)
felony.
If the defendant
is not barred from receiving an | 17 |
| order for supervision as provided in this
subsection, the court | 18 |
| may enter an order for supervision after considering the
| 19 |
| circumstances of the offense, and the history,
character and | 20 |
| condition of the offender, if the court is of the opinion
that:
| 21 |
| (1) the offender is not likely to commit further | 22 |
| crimes;
| 23 |
| (2) the defendant and the public would be best served | 24 |
| if the
defendant were not to receive a criminal record; and
| 25 |
| (3) in the best interests of justice an order of | 26 |
| supervision
is more appropriate than a sentence otherwise | 27 |
| permitted under this Code.
| 28 |
| (d) The provisions of paragraph (c) shall not apply to a | 29 |
| defendant charged
with violating Section 11-501 of the Illinois | 30 |
| Vehicle Code or a similar
provision of a local
ordinance when | 31 |
| the defendant has previously been:
| 32 |
| (1) convicted for a violation of Section 11-501 of
the | 33 |
| Illinois Vehicle
Code or a similar provision of a
local | 34 |
| ordinance or any similar law or ordinance of another state; |
|
|
|
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| or
| 2 |
| (2) assigned supervision for a violation of Section | 3 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 4 |
| of a local ordinance or any similar law
or ordinance of | 5 |
| another state; or
| 6 |
| (3) pleaded guilty to or stipulated to the facts | 7 |
| supporting
a charge or a finding of guilty to a violation | 8 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 9 |
| provision of a local ordinance or any
similar law or | 10 |
| ordinance of another state, and the
plea or stipulation was | 11 |
| the result of a plea agreement.
| 12 |
| The court shall consider the statement of the prosecuting
| 13 |
| authority with regard to the standards set forth in this | 14 |
| Section.
| 15 |
| (e) The provisions of paragraph (c) shall not apply to a | 16 |
| defendant
charged with violating Section 16A-3 of the Criminal | 17 |
| Code of 1961 if said
defendant has within the last 5 years | 18 |
| been:
| 19 |
| (1) convicted for a violation of Section 16A-3 of the | 20 |
| Criminal Code of
1961; or
| 21 |
| (2) assigned supervision for a violation of Section | 22 |
| 16A-3 of the Criminal
Code of 1961.
| 23 |
| The court shall consider the statement of the prosecuting | 24 |
| authority with
regard to the standards set forth in this | 25 |
| Section.
| 26 |
| (f) The provisions of paragraph (c) shall not apply to a | 27 |
| defendant
charged with violating Sections 15-111, 15-112, | 28 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 29 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 30 |
| provision of a local ordinance.
| 31 |
| (g) Except as otherwise provided in paragraph (i) of this | 32 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 33 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 34 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision |
|
|
|
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|
| 1 |
| of a local ordinance if the
defendant has within the last 5 | 2 |
| years been:
| 3 |
| (1) convicted for a violation of Section 3-707, 3-708, | 4 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 5 |
| provision of a local
ordinance; or
| 6 |
| (2) assigned supervision for a violation of Section | 7 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 8 |
| Code or a similar provision of a local
ordinance.
| 9 |
| The court shall consider the statement of the prosecuting | 10 |
| authority with
regard to the standards set forth in this | 11 |
| Section.
| 12 |
| (h) The provisions of paragraph (c) shall not apply to a | 13 |
| defendant under
the age of 21 years charged with violating a | 14 |
| serious traffic offense as defined
in Section 1-187.001 of the | 15 |
| Illinois Vehicle Code:
| 16 |
| (1) unless the defendant, upon payment of the fines, | 17 |
| penalties, and costs
provided by law, agrees to attend and | 18 |
| successfully complete a traffic safety
program approved by | 19 |
| the court under standards set by the Conference of Chief
| 20 |
| Circuit Judges. The accused shall be responsible for | 21 |
| payment of any traffic
safety program fees. If the accused | 22 |
| fails to file a certificate of
successful completion on or | 23 |
| before the termination date of the supervision
order, the | 24 |
| supervision shall be summarily revoked and conviction | 25 |
| entered. The
provisions of Supreme Court Rule 402 relating | 26 |
| to pleas of guilty do not apply
in cases when a defendant | 27 |
| enters a guilty plea under this provision; or
| 28 |
| (2) if the defendant has previously been sentenced | 29 |
| under the provisions of
paragraph (c) on or after January | 30 |
| 1, 1998 for any serious traffic offense as
defined in | 31 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 32 |
| (i) The provisions of paragraph (c) shall not apply to a | 33 |
| defendant charged
with violating Section 3-707 of the Illinois | 34 |
| Vehicle Code or a similar
provision of a local ordinance if the |
|
|
|
09300SB2654sam002 |
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| 1 |
| defendant has been assigned supervision
for a violation of | 2 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 3 |
| provision of a local ordinance.
| 4 |
| (j) The provisions of paragraph (c) shall not apply to a
| 5 |
| defendant charged with violating
Section 6-303 of the Illinois | 6 |
| Vehicle Code or a similar provision of
a local ordinance when | 7 |
| the revocation or suspension was for a violation of
Section | 8 |
| 11-501 or a similar provision of a local ordinance, a violation | 9 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 10 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 11 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 12 |
| years been:
| 13 |
| (1) convicted for a violation of Section 6-303 of the | 14 |
| Illinois Vehicle
Code or a similar provision of a local | 15 |
| ordinance; or
| 16 |
| (2) assigned supervision for a violation of Section | 17 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 18 |
| of a local ordinance.
| 19 |
| (Source: P.A. 93-388, eff. 7-25-03.)
| 20 |
| (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
| 21 |
| Sec. 5-6-2. Incidents of Probation and of Conditional | 22 |
| Discharge.
| 23 |
| (a) When an offender is sentenced to probation or | 24 |
| conditional discharge,
the court shall impose a period under | 25 |
| paragraph (b) of this Section, and
shall specify the conditions | 26 |
| under Section 5-6-3.
| 27 |
| (b) Unless terminated sooner as provided in paragraph (c) | 28 |
| of this
Section or extended pursuant to paragraph (e) of this | 29 |
| Section, the
period of probation or conditional discharge shall | 30 |
| be as
follows:
| 31 |
| (1) for a Class 1 or Class 2 felony, not to exceed 4 | 32 |
| years;
| 33 |
| (2) for a Class 3 or Class 4 felony, not to exceed 30 |
|
|
|
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LRB093 18592 RLC 48518 a |
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| months;
| 2 |
| (3) for a misdemeanor, not to exceed 2 years;
| 3 |
| (4) for a petty offense, not to exceed 6 months.
| 4 |
| Multiple terms of probation imposed at the same time shall | 5 |
| run
concurrently.
| 6 |
| (c) The court may at any time terminate probation or | 7 |
| conditional
discharge if warranted by the conduct of the | 8 |
| offender and the ends of
justice, as provided in Section 5-6-4.
| 9 |
| (d) Upon the expiration or termination of the period of | 10 |
| probation or
of conditional discharge, the court shall enter an | 11 |
| order discharging the
offender.
| 12 |
| (e) The court may extend any period of probation or | 13 |
| conditional
discharge beyond the limits set forth in paragraph | 14 |
| (b) of this Section upon
a violation of a condition of the | 15 |
| probation or conditional discharge, for the
payment of an | 16 |
| assessment required by Section 10.3 of the
Cannabis Control Act | 17 |
| or Section 411.2 of the Illinois Controlled
Substances Act, or | 18 |
| for the payment of restitution as
provided by an order of | 19 |
| restitution under Section 5-5-6 of this Code. | 20 |
| (f) The court may impose a term of probation that is | 21 |
| concurrent or consecutive to a term of imprisonment so long as | 22 |
| the maximum term imposed does not exceed the maximum term | 23 |
| provided under Article 8 of this Chapter. The court may provide | 24 |
| that probation may commence while an offender is on mandatory | 25 |
| supervised release, participating in a day release program, or | 26 |
| being monitored by an electronic monitoring device.
| 27 |
| (Source: P.A. 91-153, eff. 1-1-00.)
| 28 |
| (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| 29 |
| Sec. 5-6-4. Violation, Modification or Revocation of | 30 |
| Probation, of
Conditional Discharge or Supervision or of a | 31 |
| sentence of county impact
incarceration - Hearing.
| 32 |
| (a) Except in cases where
conditional discharge or | 33 |
| supervision was imposed for a petty offense as
defined in |
|
|
|
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LRB093 18592 RLC 48518 a |
|
| 1 |
| Section 5-1-17, when a petition is filed charging a violation | 2 |
| of
a condition, the court may:
| 3 |
| (1) in the case of probation violations, order the | 4 |
| issuance of a notice
to the offender to be present by the | 5 |
| County Probation Department or such
other agency | 6 |
| designated by the court to handle probation matters; and in
| 7 |
| the case of conditional discharge or supervision | 8 |
| violations, such notice
to the offender shall be issued by | 9 |
| the Circuit Court Clerk;
and in the case of a violation of | 10 |
| a sentence of county impact incarceration,
such notice | 11 |
| shall be issued by the Sheriff;
| 12 |
| (2) order a summons to the offender to be present for | 13 |
| hearing; or
| 14 |
| (3) order a warrant for the offender's arrest where | 15 |
| there is danger of
his fleeing the jurisdiction or causing | 16 |
| serious harm to others or when the
offender fails to answer | 17 |
| a summons or notice from the clerk of the court or
Sheriff.
| 18 |
| Personal service of the petition for violation of probation | 19 |
| or
the issuance of such warrant, summons or notice shall toll | 20 |
| the period of
probation, conditional discharge, supervision, | 21 |
| or sentence of
county impact incarceration until
the final | 22 |
| determination of the charge, and the term of probation,
| 23 |
| conditional discharge, supervision, or sentence of county | 24 |
| impact
incarceration shall not run until the hearing and
| 25 |
| disposition of the petition for violation.
| 26 |
| (b) The court shall conduct a hearing of the alleged | 27 |
| violation. The
court shall admit the offender to bail pending | 28 |
| the hearing unless the
alleged violation is itself a criminal | 29 |
| offense in which case the
offender shall be admitted to bail on | 30 |
| such terms as are provided in the
Code of Criminal Procedure of | 31 |
| 1963, as amended. In any case where an
offender remains | 32 |
| incarcerated only as a result of his alleged violation of
the | 33 |
| court's earlier order of probation, supervision, conditional
| 34 |
| discharge, or county impact incarceration such hearing shall be |
|
|
|
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|
| 1 |
| held within
14 days of the onset of
said incarceration, unless | 2 |
| the alleged violation is the commission of
another offense by | 3 |
| the offender during the period of probation, supervision
or | 4 |
| conditional discharge in which case such hearing shall be held | 5 |
| within
the time limits described in Section 103-5 of the Code | 6 |
| of Criminal
Procedure of 1963, as amended.
| 7 |
| (c) The State has the burden of going forward with the | 8 |
| evidence and
proving the violation by the preponderance of the | 9 |
| evidence. The evidence
shall be presented in open court with | 10 |
| the right of confrontation,
cross-examination, and | 11 |
| representation by counsel.
| 12 |
| (d) Probation, conditional discharge, periodic | 13 |
| imprisonment and
supervision shall not be revoked for failure | 14 |
| to comply with conditions
of a sentence or supervision, which | 15 |
| imposes financial obligations upon the
offender unless such | 16 |
| failure is due to his willful refusal to pay.
| 17 |
| (e) If the court finds that the offender has violated a | 18 |
| condition at
any time prior to the expiration or termination of | 19 |
| the period, it may
continue him on the existing sentence, with | 20 |
| or without modifying or
enlarging the conditions, or may impose | 21 |
| any other sentence that was
available under Section 5-5-3 at | 22 |
| the time of initial sentencing.
If the court finds that the | 23 |
| person has failed to successfully complete his or
her sentence | 24 |
| to a county impact incarceration program, the court may impose | 25 |
| any
other sentence that was available under Section 5-5-3 at | 26 |
| the time of initial
sentencing,
except for a sentence of | 27 |
| probation or conditional discharge.
| 28 |
| (f) The conditions of probation, of conditional discharge, | 29 |
| of
supervision, or of a sentence of county impact incarceration | 30 |
| may be
modified by the court on motion of the supervising | 31 |
| agency or on its own motion or at the request of the offender | 32 |
| after
notice and a hearing.
| 33 |
| (g) A judgment revoking supervision, probation, | 34 |
| conditional
discharge, or a sentence of county impact |
|
|
|
09300SB2654sam002 |
- 25 - |
LRB093 18592 RLC 48518 a |
|
| 1 |
| incarceration is a final
appealable order.
| 2 |
| (h) Resentencing after revocation of probation, | 3 |
| conditional
discharge, supervision, or a sentence of county | 4 |
| impact
incarceration shall be under Article 4. Time served on
| 5 |
| probation, conditional discharge or supervision shall not be | 6 |
| credited by
the court against a sentence of imprisonment or | 7 |
| periodic imprisonment
unless the court orders otherwise.
| 8 |
| (i) Instead of filing a violation of probation, conditional | 9 |
| discharge,
supervision, or a sentence of county impact | 10 |
| incarceration, an agent or
employee of the
supervising agency | 11 |
| with the concurrence of his or
her
supervisor may serve on the | 12 |
| defendant a Notice of Intermediate Sanctions.
The
Notice shall | 13 |
| contain the technical violation or violations involved, the | 14 |
| date
or dates of the violation or violations, and the | 15 |
| intermediate sanctions to be
imposed. Upon receipt of the | 16 |
| Notice, the defendant shall immediately accept or
reject the | 17 |
| intermediate sanctions. If the sanctions are accepted, they | 18 |
| shall
be imposed immediately. If the intermediate sanctions are | 19 |
| rejected or the
defendant does not respond to the Notice, a | 20 |
| violation of probation, conditional
discharge, supervision, or | 21 |
| a sentence of county impact incarceration
shall be immediately | 22 |
| filed with the court. The
State's Attorney and the sentencing | 23 |
| court shall be notified of the Notice of
Sanctions. Upon | 24 |
| successful completion of the intermediate sanctions, a court
| 25 |
| may not revoke probation, conditional discharge, supervision, | 26 |
| or a
sentence of county impact incarceration or impose
| 27 |
| additional sanctions for the same violation.
A notice of | 28 |
| intermediate sanctions may not be issued for any violation of
| 29 |
| probation, conditional discharge, supervision, or a sentence | 30 |
| of county
impact incarceration which could warrant an
| 31 |
| additional, separate felony charge.
The intermediate sanctions | 32 |
| shall include a term of home detention as provided
in Article | 33 |
| 8A of Chapter V of this Code for multiple or repeat violations | 34 |
| of
the terms and conditions of a sentence of probation, |
|
|
|
09300SB2654sam002 |
- 26 - |
LRB093 18592 RLC 48518 a |
|
| 1 |
| conditional discharge, or
supervision. | 2 |
| (j) When an offender is re-sentenced after revocation of | 3 |
| probation that was imposed in combination with a sentence of | 4 |
| imprisonment for the same offense, the aggregate of the | 5 |
| sentences may not exceed the maximum term authorized under | 6 |
| Article 8 of this Chapter.
| 7 |
| (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96; | 8 |
| 89-647, eff.
1-1-97; 90-14, eff. 7-1-97.)".
|
|