98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3074

 

Introduced 2/7/2014, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-2  from Ch. 38, par. 1005-6-2

    Amends the Unified Code of Corrections. Provides that the court may extend a term of probation or conditional discharge that was concurrent to, consecutive to, or otherwise interrupted by a term of imprisonment for the purpose of providing additional time to complete an order of restitution.


LRB098 19777 RLC 54992 b

 

 

A BILL FOR

 

SB3074LRB098 19777 RLC 54992 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-2 as follows:
 
6    (730 ILCS 5/5-6-2)  (from Ch. 38, par. 1005-6-2)
7    Sec. 5-6-2. Incidents of Probation and of Conditional
8Discharge.
9    (a) When an offender is sentenced to probation or
10conditional discharge, the court shall impose a period as
11provided in Article 4.5 of Chapter V, and shall specify the
12conditions under Section 5-6-3.
13    (b) Multiple terms of probation imposed at the same time
14shall run concurrently.
15    (c) The court may at any time terminate probation or
16conditional discharge if warranted by the conduct of the
17offender and the ends of justice, as provided in Section 5-6-4.
18    (d) Upon the expiration or termination of the period of
19probation or of conditional discharge, the court shall enter an
20order discharging the offender.
21    (e) The court may extend any period of probation or
22conditional discharge beyond the limits set forth in Article
234.5 of Chapter V upon a violation of a condition of the

 

 

SB3074- 2 -LRB098 19777 RLC 54992 b

1probation or conditional discharge, for the payment of an
2assessment required by Section 10.3 of the Cannabis Control
3Act, Section 411.2 of the Illinois Controlled Substances Act,
4or Section 80 of the Methamphetamine Control and Community
5Protection Act, or for the payment of restitution as provided
6by an order of restitution under Section 5-5-6 of this Code.
7    (f) The court may impose a term of probation that is
8concurrent or consecutive to a term of imprisonment so long as
9the maximum term imposed does not exceed the maximum term
10provided under Article 4.5 of Chapter V or Article 8 of this
11Chapter. The court may provide that probation may commence
12while an offender is on mandatory supervised release,
13participating in a day release program, or being monitored by
14an electronic monitoring device.
15    (g) The court may extend a term of probation or conditional
16discharge that was concurrent to, consecutive to, or otherwise
17interrupted by a term of imprisonment for the purpose of
18providing additional time to complete an order of restitution.
19(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)