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.)