Full Text of HB3794 100th General Assembly
HB3794 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3794 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/5-6-4 | from Ch. 38, par. 1005-6-4 |
|
Amends the Unified Code of Corrections. Provides that an arrest warrant issued for an offender who violated a condition of his or her probation, conditional discharge, or supervision where there is danger of
his or her fleeing the jurisdiction or causing serious harm to others or when the
offender fails to answer a summons or notice from the clerk of the court or
sheriff shall remain active for a period not to exceed 5 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. Provides that a motion to extend the warrant shall be filed within one year of the date the warrant is issued and notice shall be provided to the office of the sheriff. Provides that if a person is serving a sentence of probation, conditional discharge, or supervision for a firearm offense or forcible felony, the warrant shall remain active for a period of 10 years from the date the warrant was issued at which time the wanted person's period of probation, conditional discharge, or supervision shall terminate unsatisfactorily as a matter of law.
|
| |
| | A BILL FOR |
|
| | | HB3794 | | LRB100 10402 RLC 20599 b |
|
| 1 | | AN ACT concerning 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 by | 5 | | changing Section 5-6-4 as follows:
| 6 | | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| 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.
| 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:
| 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
| 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;
| 23 | | (2) order a summons to the offender to be present for |
| | | HB3794 | - 2 - | LRB100 10402 RLC 20599 b |
|
| 1 | | hearing; or
| 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.
| 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,
| 11 | | conditional discharge, supervision, or sentence of county | 12 | | impact
incarceration shall not run until the hearing and
| 13 | | disposition of the petition for violation.
| 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
| 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 |
| | | HB3794 | - 3 - | LRB100 10402 RLC 20599 b |
|
| 1 | | within
the time limits described in Section 103-5 of the Code | 2 | | of Criminal
Procedure of 1963, as amended.
| 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.
| 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.
| 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 Article 4.5 of | 18 | | Chapter V of this Code or Section 11-501 of the Illinois | 19 | | Vehicle Code at the time of initial sentencing.
If the court | 20 | | finds that the person has failed to successfully complete his | 21 | | or
her sentence to a county impact incarceration program, the | 22 | | court may impose any
other sentence that was available under | 23 | | Article 4.5 of Chapter V of this Code or Section 11-501 of the | 24 | | Illinois Vehicle Code at the time of initial
sentencing,
except | 25 | | for a sentence of probation or conditional discharge. If the | 26 | | court finds that the offender has violated paragraph (8.6) of |
| | | HB3794 | - 4 - | LRB100 10402 RLC 20599 b |
|
| 1 | | subsection (a) of Section 5-6-3, the court shall revoke the | 2 | | probation of the offender. If the court finds that the offender | 3 | | has violated subsection (o) of Section 5-6-3.1, the court shall | 4 | | revoke the supervision of the offender.
| 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.
| 10 | | (g) A judgment revoking supervision, probation, | 11 | | conditional
discharge, or a sentence of county impact | 12 | | incarceration is a final
appealable order.
| 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 on
| 16 | | probation, conditional discharge or supervision shall not be | 17 | | credited by
the court against a sentence of imprisonment or | 18 | | periodic imprisonment
unless the court orders otherwise. The | 19 | | amount of credit to be applied against a sentence of | 20 | | imprisonment or periodic imprisonment when the defendant | 21 | | served a term or partial term of periodic imprisonment shall be | 22 | | calculated upon the basis of the actual days spent in | 23 | | confinement rather than the duration of the term.
| 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 |
| | | HB3794 | - 5 - | LRB100 10402 RLC 20599 b |
|
| 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
| 15 | | may not revoke probation, conditional discharge, supervision, | 16 | | or a
sentence of county impact incarceration or impose
| 17 | | additional sanctions for the same violation.
A notice of | 18 | | intermediate sanctions may not be issued for any violation of
| 19 | | probation, conditional discharge, supervision, or a sentence | 20 | | of county
impact incarceration which could warrant an
| 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 |
| | | HB3794 | - 6 - | LRB100 10402 RLC 20599 b |
|
| 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 4.5 of Chapter V.
| 5 | | (k)(1) Except as provided in subsection (c) of this | 6 | | Section, an arrest warrant issued under paragraph (3) of | 7 | | subsection (a) of this Section shall remain active for a period | 8 | | not to exceed 5 years from the date the warrant was issued | 9 | | unless a motion to extend the warrant is filed by the office of | 10 | | the State's Attorney or by, or on behalf of, the agency | 11 | | supervising the wanted person. A motion to extend the warrant | 12 | | shall be filed within one year of the date the warrant is | 13 | | issued and notice shall be provided to the office of the | 14 | | sheriff. | 15 | | (2) Except as provided in paragraph (3) of this subsection | 16 | | (k), if a motion to extend a warrant issued under paragraph (3) | 17 | | of subsection (a) of this Section is not filed within one year | 18 | | of the date the warrant issued, the warrant shall be quashed | 19 | | and recalled as a matter of law under paragraph (1) of this | 20 | | subsection (k) and the wanted person's period of probation, | 21 | | conditional discharge, or supervision shall terminate | 22 | | unsatisfactorily as a matter of law. | 23 | | (3) If a person is serving a sentence of probation, | 24 | | conditional discharge, or supervision for a firearm offense or | 25 | | forcible felony, the warrant shall remain active for a period | 26 | | of 10 years from the date the warrant was issued at which time |
| | | HB3794 | - 7 - | LRB100 10402 RLC 20599 b |
|
| 1 | | the wanted person's period of probation, conditional | 2 | | discharge, or supervision shall terminate unsatisfactorily as | 3 | | a matter of law. | 4 | | (Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09; | 5 | | 96-1200, eff. 7-22-10.)
|
|