(720 ILCS 550/10) (from Ch. 56 1/2, par. 710) (Text of Section before amendment by P.A. 103-702)
Sec. 10. (a)
Whenever any person who has not previously been convicted of any felony offense under this Act or any
law of the United States or of any State relating to cannabis, or controlled
substances as defined in the Illinois Controlled Substances Act, pleads
guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a
judgment and with the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall enter an order
specifying a period of probation of 24 months, and shall defer further
proceedings in
the case until the conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate
any criminal statute of any jurisdiction; (2) refrain from possession of a
firearm
or other dangerous weapon; (3) submit to periodic drug testing at a time and in
a manner as ordered by the court, but no less than 3 times during the period of
the probation, with the cost of the testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service, provided community
service is available in the jurisdiction and is funded and approved by the
county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or participate with the court or such |
| courts, person, or social service agency as directed by the court in the order of probation;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational training;
(4) undergo medical or psychiatric treatment; or treatment for drug addiction or
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(5) attend or reside in a facility established for the instruction or residence of
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(6) support his dependents;
(7) refrain from possessing a firearm or other dangerous weapon;
(7-5) refrain from having in his or her body the presence of any illicit drug prohibited
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| by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his own support at home or in a foster
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(e) Upon violation of a term or condition of probation, the
court
may enter a judgment on its original finding of guilt and proceed as otherwise
provided.
(f) Upon fulfillment of the terms and
conditions of probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for appeal,
however, discharge and dismissal under this Section is not a conviction for
purposes of disqualification or disabilities imposed by law upon conviction of
a crime (including the additional penalty imposed for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) of this Act).
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years
subsequent to a discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the sentencing proceeding
for that conviction
as a factor in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(k) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.)
(Text of Section after amendment by P.A. 103-702)
Sec. 10. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possession of a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or participate with the court or such
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| courts, person, or social service agency as directed by the court in the order of probation;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational training;
(4) undergo medical or psychiatric treatment; or treatment for drug addiction or
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|
(5) attend or reside in a facility established for the instruction or residence of
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|
(6) support his dependents;
(7) refrain from possessing a firearm or other dangerous weapon;
(7-5) refrain from having in his or her body the presence of any illicit drug prohibited
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| by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his own support at home or in a foster
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|
(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, a sentence under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d) of this Act) unless and until judgment is entered.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(k) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23; 103-702, eff. 1-1-25.)
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