093_SB0387
LRB093 02047 RLC 02048 b
1 AN ACT in relation to 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
5 by changing Section 5-6-1 as follows:
6 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
7 Sec. 5-6-1. Sentences of Probation and of Conditional
8 Discharge and Disposition of Supervision. The General
9 Assembly finds that in order to protect the public, the
10 criminal justice system must compel compliance with the
11 conditions of probation by responding to violations with
12 swift, certain and fair punishments and intermediate
13 sanctions. The Chief Judge of each circuit shall adopt a
14 system of structured, intermediate sanctions for violations
15 of the terms and conditions of a sentence of probation,
16 conditional discharge or disposition of supervision.
17 (a) Except where specifically prohibited by other
18 provisions of this Code, the court shall impose a sentence of
19 probation or conditional discharge upon an offender unless,
20 having regard to the nature and circumstance of the offense,
21 and to the history, character and condition of the offender,
22 the court is of the opinion that:
23 (1) his imprisonment or periodic imprisonment is
24 necessary for the protection of the public; or
25 (2) probation or conditional discharge would
26 deprecate the seriousness of the offender's conduct and
27 would be inconsistent with the ends of justice.
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
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1 circuit court for violations of the terms and conditions of
2 the sentence of probation, conditional discharge, or
3 supervision, subject to the provisions of Section 5-6-4 of
4 this Act.
5 (b) The court may impose a sentence of conditional
6 discharge for an offense if the court is of the opinion that
7 neither a sentence of imprisonment nor of periodic
8 imprisonment nor of probation supervision is appropriate.
9 (c) The court may, upon a plea of guilty or a
10 stipulation by the defendant of the facts supporting the
11 charge or a finding of guilt, defer further proceedings and
12 the imposition of a sentence, and enter an order for
13 supervision of the defendant, if the defendant is not charged
14 with a: (i) Class A misdemeanor, as defined by the following
15 provisions of the Criminal Code of 1961: Sections 12-3.2;
16 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of
17 Section 21-1; paragraph (1) through (5), (8), (10), and (11)
18 of subsection (a) of Section 24-1; (ii) misdemeanor violation
19 ofand Section 1 of the Boarding Aircraft With Weapon Act;
20 (iii) misdemeanor violation of Section 3, 3.01, 3.03-1, or
21 4.01 of the Humane Care for Animals Act; or (iv)a felony. If
22 the defendant is not barred from receiving an order for
23 supervision as provided in this subsection, the court may
24 enter an order for supervision after considering the
25 circumstances of the offense, and the history, character and
26 condition of the offender, if the court is of the opinion
27 that:
28 (1) the offender is not likely to commit further
29 crimes;
30 (2) the defendant and the public would be best
31 served if the defendant were not to receive a criminal
32 record; and
33 (3) in the best interests of justice an order of
34 supervision is more appropriate than a sentence otherwise
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1 permitted under this Code.
2 (d) The provisions of paragraph (c) shall not apply to a
3 defendant charged with violating Section 11-501 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance when the defendant has previously been:
6 (1) convicted for a violation of Section 11-501 of
7 the Illinois Vehicle Code or a similar provision of a
8 local ordinance or any similar law or ordinance of
9 another state; or
10 (2) assigned supervision for a violation of Section
11 11-501 of the Illinois Vehicle Code or a similar
12 provision of a local ordinance or any similar law or
13 ordinance of another state; or
14 (3) pleaded guilty to or stipulated to the facts
15 supporting a charge or a finding of guilty to a violation
16 of Section 11-503 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance or any similar law
18 or ordinance of another state, and the plea or
19 stipulation was the result of a plea agreement.
20 The court shall consider the statement of the prosecuting
21 authority with regard to the standards set forth in this
22 Section.
23 (e) The provisions of paragraph (c) shall not apply to a
24 defendant charged with violating Section 16A-3 of the
25 Criminal Code of 1961 if said defendant has within the last 5
26 years been:
27 (1) convicted for a violation of Section 16A-3 of
28 the Criminal Code of 1961; or
29 (2) assigned supervision for a violation of Section
30 16A-3 of the Criminal Code of 1961.
31 The court shall consider the statement of the prosecuting
32 authority with regard to the standards set forth in this
33 Section.
34 (f) The provisions of paragraph (c) shall not apply to a
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1 defendant charged with violating Sections 15-111, 15-112,
2 15-301, paragraph (b) of Section 6-104, Section 11-605, or
3 Section 11-1414 of the Illinois Vehicle Code or a similar
4 provision of a local ordinance.
5 (g) Except as otherwise provided in paragraph (i) of
6 this Section, the provisions of paragraph (c) shall not apply
7 to a defendant charged with violating Section 3-707, 3-708,
8 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
9 provision of a local ordinance if the defendant has within
10 the last 5 years been:
11 (1) convicted for a violation of Section 3-707,
12 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
13 a similar provision of a local ordinance; or
14 (2) assigned supervision for a violation of Section
15 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
16 Code or a similar provision of a local ordinance.
17 The court shall consider the statement of the prosecuting
18 authority with regard to the standards set forth in this
19 Section.
20 (h) The provisions of paragraph (c) shall not apply to a
21 defendant under the age of 21 years charged with violating a
22 serious traffic offense as defined in Section 1-187.001 of
23 the Illinois Vehicle Code:
24 (1) unless the defendant, upon payment of the
25 fines, penalties, and costs provided by law, agrees to
26 attend and successfully complete a traffic safety program
27 approved by the court under standards set by the
28 Conference of Chief Circuit Judges. The accused shall be
29 responsible for payment of any traffic safety program
30 fees. If the accused fails to file a certificate of
31 successful completion on or before the termination date
32 of the supervision order, the supervision shall be
33 summarily revoked and conviction entered. The provisions
34 of Supreme Court Rule 402 relating to pleas of guilty do
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1 not apply in cases when a defendant enters a guilty plea
2 under this provision; or
3 (2) if the defendant has previously been sentenced
4 under the provisions of paragraph (c) on or after January
5 1, 1998 for any serious traffic offense as defined in
6 Section 1-187.001 of the Illinois Vehicle Code.
7 (i) The provisions of paragraph (c) shall not apply to a
8 defendant charged with violating Section 3-707 of the
9 Illinois Vehicle Code or a similar provision of a local
10 ordinance if the defendant has been assigned supervision for
11 a violation of Section 3-707 of the Illinois Vehicle Code or
12 a similar provision of a local ordinance.
13 (j) The provisions of paragraph (c) shall not apply to a
14 defendant charged with violating Section 6-303 of the
15 Illinois Vehicle Code or a similar provision of a local
16 ordinance when the revocation or suspension was for a
17 violation of Section 11-501 or a similar provision of a local
18 ordinance, a violation of Section 11-501.1 or paragraph (b)
19 of Section 11-401 of the Illinois Vehicle Code, or a
20 violation of Section 9-3 of the Criminal Code of 1961 if the
21 defendant has within the last 10 years been:
22 (1) convicted for a violation of Section 6-303 of
23 the Illinois Vehicle Code or a similar provision of a
24 local ordinance; or
25 (2) assigned supervision for a violation of Section
26 6-303 of the Illinois Vehicle Code or a similar provision
27 of a local ordinance.
28 (Source: P.A. 90-369, eff. 1-1-98; 90-738, eff. 1-1-99;
29 90-784, eff. 1-1-99; 91-114, eff. 1-1-00; 91-357, eff.
30 7-29-99.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.