State of Illinois
91st General Assembly
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Public Act 91-0114

HB1813 Enrolled                                LRB9105512RCks

    AN ACT to  amend  the  Unified  Code  of  Corrections  by
changing Section 5-6-1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:

    (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1.  Sentences of Probation  and  of  Conditional
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  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 supervision.
    (a)  Except   where   specifically  prohibited  by  other
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:
         (1)  his  imprisonment  or  periodic imprisonment is
    necessary for the protection of the public; or
         (2)  probation  or   conditional   discharge   would
    deprecate  the  seriousness of the offender's conduct and
    would be inconsistent with the ends of justice.
    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.
    (b)  The  court  may  impose  a  sentence  of conditional
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.
    (c)  The  court  may,  upon  a  plea  of  guilty   or   a
stipulation  by  the  defendant  of  the facts supporting the
charge or a 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  a  Class  A  misdemeanor,  as  defined by the following
provisions of the Criminal Code  of  1961:  Sections  12-3.2;
12-15;  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; and Section 1 of the Boarding
Aircraft  With  Weapon  Act; or a 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  circumstances  of   the
offense,  and  the  history,  character  and condition of the
offender, if the court is of the opinion that:
         (1)  the offender is not likely  to  commit  further
    crimes;
         (2)  the  defendant  and  the  public  would be best
    served if the defendant were not to  receive  a  criminal
    record; and
         (3)  in  the  best  interests of justice an order of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (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:
         (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
         (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
         (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.
    The court shall consider the statement of the prosecuting
authority  with  regard  to  the  standards set forth in this
Section.
    (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:
         (1)  convicted  for  a violation of Section 16A-3 of
    the Criminal Code of 1961; or
         (2)  assigned supervision for a violation of Section
    16A-3 of the Criminal Code of 1961.
    The court shall consider the statement of the prosecuting
authority with regard to the  standards  set  forth  in  this
Section.
    (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.
    (g)  Except as otherwise provided  in  paragraph  (i)  of
this Section, the provisions of paragraph (c) shall not apply
to  a  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:
         (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
         (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.
    The court shall consider the statement of the prosecuting
authority  with  regard  to  the  standards set forth in this
Section.
    (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:
         (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 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
         (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.
    (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 provision of a local ordinance.
    (j)  (i)  The provisions of paragraph (c) shall not apply
to a 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:
         (1)  convicted for a violation of Section  6-303  of
    the  Illinois  Vehicle  Code  or a similar provision of a
    local ordinance; or
         (2)  assigned supervision for a violation of Section
    6-303 of the Illinois Vehicle Code or a similar provision
    of a local ordinance.
(Source: P.A. 89-198,  eff.  7-21-95;  89-210,  eff.  8-2-95;
89-626,  eff.  8-9-96;  89-637,  eff.  1-1-97;  90-369,  eff.
1-1-98;  90-738,  eff.  1-1-99;  90-784, eff. 1-1-99; revised
9-21-98.)

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