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Public Act 095-0035
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| HB0181 Enrolled |
LRB095 04214 RLC 24255 b |
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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 Sections 5-6-4 and 5-7-2 as follows:
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(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
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Sec. 5-6-4. Violation, Modification or Revocation of |
Probation, of
Conditional Discharge or Supervision or of a |
sentence of county impact
incarceration - Hearing.
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(a) Except in cases where
conditional discharge or |
supervision was imposed for a petty offense as
defined in |
Section 5-1-17, when a petition is filed charging a violation |
of
a condition, the court may:
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(1) in the case of probation violations, order the |
issuance of a notice
to the offender to be present by the |
County Probation Department or such
other agency |
designated by the court to handle probation matters; and in
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the case of conditional discharge or supervision |
violations, such notice
to the offender shall be issued by |
the Circuit Court Clerk;
and in the case of a violation of |
a sentence of county impact incarceration,
such notice |
shall be issued by the Sheriff;
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(2) order a summons to the offender to be present for |
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hearing; or
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(3) order a warrant for the offender's arrest where |
there is danger of
his 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.
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Personal service of the petition for violation of probation |
or
the issuance of such warrant, summons or notice shall toll |
the period of
probation, conditional discharge, supervision, |
or sentence of
county impact incarceration until
the final |
determination of the charge, and the term of probation,
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conditional discharge, supervision, or sentence of county |
impact
incarceration shall not run until the hearing and
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disposition of the petition for violation.
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(b) The court shall conduct a hearing of the alleged |
violation. The
court shall admit the offender to bail pending |
the hearing unless the
alleged violation is itself a criminal |
offense in which case the
offender shall be admitted to bail on |
such terms as are provided in the
Code of Criminal Procedure of |
1963, as amended. In any case where an
offender remains |
incarcerated only as a result of his alleged violation of
the |
court's earlier order of probation, supervision, conditional
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discharge, or county impact incarceration such hearing shall be |
held within
14 days of the onset of
said incarceration, unless |
the alleged violation is the commission of
another offense by |
the offender during the period of probation, supervision
or |
conditional discharge in which case such hearing shall be held |
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within
the time limits described in Section 103-5 of the Code |
of Criminal
Procedure of 1963, as amended.
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(c) The State has the burden of going forward with the |
evidence and
proving the violation by the preponderance of the |
evidence. The evidence
shall be presented in open court with |
the right of confrontation,
cross-examination, and |
representation by counsel.
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(d) Probation, conditional discharge, periodic |
imprisonment and
supervision shall not be revoked for failure |
to comply with conditions
of a sentence or supervision, which |
imposes financial obligations upon the
offender unless such |
failure is due to his willful refusal to pay.
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(e) If the court finds that the offender has violated a |
condition at
any time prior to the expiration or termination of |
the period, it may
continue him on the existing sentence, with |
or without modifying or
enlarging the conditions, or may impose |
any other sentence that was
available under Section 5-5-3 of |
this Code or Section 11-501 of the Illinois Vehicle Code at the |
time of initial sentencing.
If the court finds that the person |
has failed to successfully complete his or
her sentence to a |
county impact incarceration program, the court may impose any
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other sentence that was available under Section 5-5-3 of this |
Code or Section 11-501 of the Illinois Vehicle Code at the time |
of initial
sentencing,
except for a sentence of probation or |
conditional discharge. If the court finds that the offender has |
violated paragraph (8.6) of subsection (a) of Section 5-6-3, |
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the court shall revoke the probation of the offender. If the |
court finds that the offender has violated subsection (o) of |
Section 5-6-3.1, the court shall revoke the supervision of the |
offender.
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(f) The conditions of probation, of conditional discharge, |
of
supervision, or of a sentence of county impact incarceration |
may be
modified by the court on motion of the supervising |
agency or on its own motion or at the request of the offender |
after
notice and a hearing.
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(g) A judgment revoking supervision, probation, |
conditional
discharge, or a sentence of county impact |
incarceration is a final
appealable order.
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(h) Resentencing after revocation of probation, |
conditional
discharge, supervision, or a sentence of county |
impact
incarceration shall be under Article 4. The term
Time |
served on
probation, conditional discharge or supervision |
shall not be credited by
the court against a sentence of |
imprisonment or periodic imprisonment
unless the court orders |
otherwise. The amount of credit to be applied against a |
sentence of imprisonment or periodic imprisonment when the |
defendant served a term or partial term of periodic |
imprisonment shall be calculated upon the basis of the actual |
days spent in confinement rather than the duration of the term.
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(i) Instead of filing a violation of probation, conditional |
discharge,
supervision, or a sentence of county impact |
incarceration, an agent or
employee of the
supervising agency |
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with the concurrence of his or
her
supervisor may serve on the |
defendant a Notice of Intermediate Sanctions.
The
Notice shall |
contain the technical violation or violations involved, the |
date
or dates of the violation or violations, and the |
intermediate sanctions to be
imposed. Upon receipt of the |
Notice, the defendant shall immediately accept or
reject the |
intermediate sanctions. If the sanctions are accepted, they |
shall
be imposed immediately. If the intermediate sanctions are |
rejected or the
defendant does not respond to the Notice, a |
violation of probation, conditional
discharge, supervision, or |
a sentence of county impact incarceration
shall be immediately |
filed with the court. The
State's Attorney and the sentencing |
court shall be notified of the Notice of
Sanctions. Upon |
successful completion of the intermediate sanctions, a court
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may not revoke probation, conditional discharge, supervision, |
or a
sentence of county impact incarceration or impose
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additional sanctions for the same violation.
A notice of |
intermediate sanctions may not be issued for any violation of
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probation, conditional discharge, supervision, or a sentence |
of county
impact incarceration which could warrant an
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additional, separate felony charge.
The intermediate sanctions |
shall include a term of home detention as provided
in Article |
8A of Chapter V of this Code for multiple or repeat violations |
of
the terms and conditions of a sentence of probation, |
conditional discharge, or
supervision. |
(j) When an offender is re-sentenced after revocation of |
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probation that was imposed in combination with a sentence of |
imprisonment for the same offense, the aggregate of the |
sentences may not exceed the maximum term authorized under |
Article 8 of this Chapter.
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(Source: P.A. 93-800, eff. 1-1-05; 93-1014, eff. 1-1-05; |
94-161, eff. 7-11-05.)
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(730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
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Sec. 5-7-2. Modification and Revocation. (a) A sentence of |
periodic imprisonment may be modified or revoked
by the court |
if:
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(1) the offender commits another offense; or
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(2) the offender violates any of the conditions of the |
sentence; or
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(3) the offender violates any rule or regulation of the |
institution,
agency or Department to which he has been |
committed.
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(b) If the offender violates the order of periodic |
imprisonment, the
Department of Corrections, the sheriff, or |
the superintendent of the
house of corrections shall report |
such violation to the
court.
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(c) The court shall not modify or revoke a sentence of |
periodic
imprisonment unless the offender has been given |
written notice and
afforded a hearing under Section 5-6-4. If |
the offender is
incarcerated as a result of his alleged |
violation of the court's
prior order, such hearing shall be |