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| Public Act 094-0330 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-6-1 as follows:
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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Sec. 5-6-1. Sentences of Probation and of Conditional
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Discharge and Disposition of Supervision.
The General Assembly | ||||
finds that in order to protect the public, the
criminal justice | ||||
system must compel compliance with the conditions of probation
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by responding to violations with swift, certain and fair | ||||
punishments and
intermediate sanctions. The Chief Judge of each | ||||
circuit shall adopt a system of
structured, intermediate | ||||
sanctions for violations of the terms and conditions
of a | ||||
sentence of probation, conditional discharge or disposition of
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supervision.
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(a) Except where specifically prohibited by other
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provisions of this Code, the court shall impose a sentence
of | ||||
probation or conditional discharge upon an offender
unless, | ||||
having regard to the nature and circumstance of
the offense, | ||||
and to the history, character and condition
of the offender, | ||||
the court is of the opinion that:
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(1) his imprisonment or periodic imprisonment is | ||||
necessary
for the protection of the public; or
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(2) probation or conditional discharge would deprecate
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the seriousness of the offender's conduct and would be
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inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or | ||||
consecutive probation when an offender has been admitted | ||||
into a drug court program under Section 20 of the Drug | ||||
Court Treatment Act is necessary for the protection of the | ||||
public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of | ||
probation,
conditional discharge, or supervision, that the | ||
probation agency may invoke any
sanction from the list of | ||
intermediate sanctions adopted by the chief judge of
the | ||
circuit court for violations of the terms and conditions of the | ||
sentence of
probation, conditional discharge, or supervision, | ||
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
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discharge for an offense if the court is of the opinion
that | ||
neither a sentence of imprisonment nor of periodic
imprisonment | ||
nor of probation supervision is appropriate.
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(c) The court may, upon a plea of guilty or a stipulation
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by the defendant of the facts supporting the charge or a
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finding of guilt, defer further proceedings and the
imposition | ||
of a sentence, and enter an order for supervision of the | ||
defendant,
if the defendant is not charged with: (i) a Class A | ||
misdemeanor, as
defined by the following provisions of the | ||
Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | ||
31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | ||
(1) through (5), (8), (10), and (11) of subsection (a) of | ||
Section
24-1; (ii) a Class A misdemeanor violation of Section
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3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | ||
(iii)
felony.
If the defendant
is not barred from receiving an | ||
order for supervision as provided in this
subsection, the court | ||
may enter an order for supervision after considering the
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circumstances of the offense, and the history,
character and | ||
condition of the offender, if the court is of the opinion
that:
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(1) the offender is not likely to commit further | ||
crimes;
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(2) the defendant and the public would be best served | ||
if the
defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of | ||
supervision
is more appropriate than a sentence otherwise | ||
permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 11-501 of the Illinois | ||
Vehicle Code or a similar
provision of a local
ordinance when | ||
the defendant has previously been:
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(1) convicted for a violation of Section 11-501 of
the | ||
Illinois Vehicle
Code or a similar provision of a
local | ||
ordinance or any similar law or ordinance of another state; | ||
or
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(2) assigned supervision for a violation of Section | ||
11-501 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance or any similar law
or ordinance of | ||
another state; or
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(3) pleaded guilty to or stipulated to the facts | ||
supporting
a charge or a finding of guilty to a violation | ||
of Section 11-503 of the
Illinois Vehicle Code or a similar | ||
provision of a local ordinance or any
similar law or | ||
ordinance of another state, and the
plea or stipulation was | ||
the result of a plea agreement.
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The court shall consider the statement of the prosecuting
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authority with regard to the standards set forth in this | ||
Section.
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(e) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Section 16A-3 of the Criminal | ||
Code of 1961 if said
defendant has within the last 5 years | ||
been:
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(1) convicted for a violation of Section 16A-3 of the | ||
Criminal Code of
1961; or
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(2) assigned supervision for a violation of Section | ||
16A-3 of the Criminal
Code of 1961.
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The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
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(f) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Sections 15-111, 15-112, | ||
15-301, paragraph (b)
of Section 6-104, Section 11-605, or | ||
Section 11-1414
of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance.
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(g) Except as otherwise provided in paragraph (i) of this | ||
Section, the
provisions of paragraph (c) shall not apply to a
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defendant charged with violating Section
3-707, 3-708, 3-710, | ||
or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||
of a local ordinance if the
defendant has within the last 5 | ||
years been:
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(1) convicted for a violation of Section 3-707, 3-708, | ||
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance; or
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(2) assigned supervision for a violation of Section | ||
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||
Code or a similar provision of a local
ordinance.
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The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
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(h) The provisions of paragraph (c) shall not apply to a | ||
defendant under
the age of 21 years charged with violating a | ||
serious traffic offense as defined
in Section 1-187.001 of the | ||
Illinois Vehicle Code:
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(1) unless the defendant, upon payment of the fines, | ||
penalties, and costs
provided by law, agrees to attend and | ||
successfully complete a traffic safety
program approved by | ||
the court under standards set by the Conference of Chief
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Circuit Judges. The accused shall be responsible for | ||
payment of any traffic
safety program fees. If the accused | ||
fails to file a certificate of
successful completion on or | ||
before the termination date of the supervision
order, the | ||
supervision shall be summarily revoked and conviction | ||
entered. The
provisions of Supreme Court Rule 402 relating | ||
to pleas of guilty do not apply
in cases when a defendant | ||
enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced | ||
under the provisions of
paragraph (c) on or after January | ||
1, 1998 for any serious traffic offense as
defined in | ||
Section 1-187.001 of the Illinois Vehicle Code.
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(i) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 3-707 of the Illinois | ||
Vehicle Code or a similar
provision of a local ordinance if the | ||
defendant has been assigned supervision
for a violation of | ||
Section 3-707 of the Illinois Vehicle Code or a similar
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provision of a local ordinance.
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(j) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance when | ||
the revocation or suspension was for a violation of
Section | ||
11-501 or a similar provision of a local ordinance, a violation | ||
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | ||
Illinois Vehicle
Code, or a violation of Section 9-3 of the | ||
Criminal Code of 1961 if the
defendant has within the last 10 | ||
years been:
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(1) convicted for a violation of Section 6-303 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
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(2) assigned supervision for a violation of Section | ||
6-303 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance. | ||
(k) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating
any provision of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance that | ||
governs the movement of vehicles if, within the 12 months | ||
preceding the date of the defendant's arrest, the defendant has | ||
been assigned court supervision on 2 occasions for a violation | ||
that governs the movement of vehicles under the Illinois | ||
Vehicle Code or a similar provision of a local ordinance.
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(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05.)
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