Full Text of HB0371 94th General Assembly
HB0371 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0371
Introduced 1/21/2005, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-710 |
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705 ILCS 405/5-720 |
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Amends the Juvenile Court Act of 1987. Provides that a minor who has been adjudicated delinquent and made a ward of the court may be placed in a juvenile detention home for a period not to exceed 30 days if the minor is at least 10 years of age and under 21 years of age. Provides that the court may sentence a delinquent minor who has attained 17 years of age to confinement in a county jail. Provides that the court may sentence a minor who is at least 17 years of age and who has violated the terms of his or her probation to a county jail for a period of time not to exceed 6 months.
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A BILL FOR
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HB0371 |
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LRB094 02476 RLC 32477 b |
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| AN ACT concerning juvenile delinquents.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 5-710 and 5-720 as follows:
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| (705 ILCS 405/5-710)
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| Sec. 5-710. Kinds of sentencing orders.
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| (1) The following kinds of sentencing orders may be made in | 9 |
| respect of
wards of the court:
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| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 11 |
| a minor who is
found
guilty under Section 5-620 may be:
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| (i) put on probation or conditional discharge and | 13 |
| released to his or her
parents, guardian or legal | 14 |
| custodian, provided, however, that any such minor
who | 15 |
| is not committed to the Department of Corrections, | 16 |
| Juvenile Division under
this subsection and who is | 17 |
| found to be a delinquent for an offense which is
first | 18 |
| degree murder, a Class X felony, or a forcible felony | 19 |
| shall be placed on
probation;
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| (ii) placed in accordance with Section 5-740, with | 21 |
| or without also being
put on probation or conditional | 22 |
| discharge;
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| (iii) required to undergo a substance abuse | 24 |
| assessment conducted by a
licensed provider and | 25 |
| participate in the indicated clinical level of care;
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| (iv) placed in the guardianship of the Department | 27 |
| of Children and Family
Services, but only if the | 28 |
| delinquent minor is under 13 years of age;
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| (v) placed in detention for a period not to exceed | 30 |
| 30 days, either as
the
exclusive order of disposition | 31 |
| or, where appropriate, in conjunction with any
other | 32 |
| order of disposition issued under this paragraph, |
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HB0371 |
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LRB094 02476 RLC 32477 b |
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| provided that any such
detention shall be in a juvenile | 2 |
| detention home and the minor so detained shall
be 10 | 3 |
| years of age or older and under 21 years of age . | 4 |
| However, the 30-day limitation may be extended by
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| further order of the court for a minor under age 13 | 6 |
| committed to the Department
of Children and Family | 7 |
| Services if the court finds that the minor is a danger
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| to himself or others. The minor shall be given credit | 9 |
| on the sentencing order
of detention for time spent in | 10 |
| detention under Sections 5-501, 5-601, 5-710, or
5-720 | 11 |
| of this
Article as a result of the offense for which | 12 |
| the sentencing order was imposed.
The court may grant | 13 |
| credit on a sentencing order of detention entered under | 14 |
| a
violation of probation or violation of conditional | 15 |
| discharge under Section
5-720 of this Article for time | 16 |
| spent in detention before the filing of the
petition
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| alleging the violation. A minor shall not be deprived | 18 |
| of credit for time spent
in detention before the filing | 19 |
| of a violation of probation or conditional
discharge | 20 |
| alleging the same or related act or acts;
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| (vi) ordered partially or completely emancipated | 22 |
| in accordance with the
provisions of the Emancipation | 23 |
| of Mature Minors Act;
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| (vii) subject to having his or her driver's license | 25 |
| or driving
privileges
suspended for such time as | 26 |
| determined by the court but only until he or she
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| attains 18 years of age;
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| (viii) put on probation or conditional discharge | 29 |
| and placed in detention
under Section 3-6039 of the | 30 |
| Counties Code for a period not to exceed the period
of | 31 |
| incarceration permitted by law for adults found guilty | 32 |
| of the same offense
or offenses for which the minor was | 33 |
| adjudicated delinquent, and in any event no
longer than | 34 |
| upon attainment of age 21; this subdivision (viii) | 35 |
| notwithstanding
any contrary provision of the law; or
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| (ix) ordered to undergo a medical or other |
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HB0371 |
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LRB094 02476 RLC 32477 b |
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| procedure to have a tattoo
symbolizing allegiance to a | 2 |
| street gang removed from his or her body ; or | 3 |
| (x) if the minor is 17 years of age or older, | 4 |
| committed to a term of confinement in a county jail .
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| (b) A minor found to be guilty may be committed to the | 6 |
| Department of
Corrections,
Juvenile Division, under | 7 |
| Section 5-750 if the minor is 13 years of age or
older,
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| provided that the commitment to the Department of | 9 |
| Corrections, Juvenile
Division, shall be made only if a | 10 |
| term of incarceration is permitted by law for
adults found | 11 |
| guilty of the offense for which the minor was adjudicated
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| delinquent. The time during which a minor is in custody | 13 |
| before being released
upon the request of a parent, | 14 |
| guardian or legal custodian shall be considered
as time | 15 |
| spent in detention.
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| (c) When a minor is found to be guilty for an offense | 17 |
| which is a violation
of the Illinois Controlled Substances | 18 |
| Act or the Cannabis Control Act and made
a ward of the | 19 |
| court, the court may enter a disposition order requiring | 20 |
| the
minor to undergo assessment,
counseling or treatment in | 21 |
| a substance abuse program approved by the Department
of | 22 |
| Human Services.
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| (2) Any sentencing order other than commitment to the | 24 |
| Department of
Corrections, Juvenile Division, may provide for | 25 |
| protective supervision under
Section 5-725 and may include an | 26 |
| order of protection under Section 5-730.
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| (3) Unless the sentencing order expressly so provides, it | 28 |
| does not operate
to close proceedings on the pending petition, | 29 |
| but is subject to modification
until final closing and | 30 |
| discharge of the proceedings under Section 5-750.
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| (4) In addition to any other sentence, the court may order | 32 |
| any
minor
found to be delinquent to make restitution, in | 33 |
| monetary or non-monetary form,
under the terms and conditions | 34 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 35 |
| that the "presentencing hearing" referred to in that
Section
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| shall be
the sentencing hearing for purposes of this Section. |
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LRB094 02476 RLC 32477 b |
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| The parent, guardian or
legal custodian of the minor may be | 2 |
| ordered by the court to pay some or all of
the restitution on | 3 |
| the minor's behalf, pursuant to the Parental Responsibility
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| Law. The State's Attorney is authorized to act
on behalf of any | 5 |
| victim in seeking restitution in proceedings under this
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| Section, up to the maximum amount allowed in Section 5 of the | 7 |
| Parental
Responsibility Law.
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| (5) Any sentencing order where the minor is committed or | 9 |
| placed in
accordance
with Section 5-740 shall provide for the | 10 |
| parents or guardian of the estate of
the minor to pay to the | 11 |
| legal custodian or guardian of the person of the minor
such | 12 |
| sums as are determined by the custodian or guardian of the | 13 |
| person of the
minor as necessary for the minor's needs. The | 14 |
| payments may not exceed the
maximum amounts provided for by | 15 |
| Section 9.1 of the Children and Family Services
Act.
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| (6) Whenever the sentencing order requires the minor to | 17 |
| attend school or
participate in a program of training, the | 18 |
| truant officer or designated school
official shall regularly | 19 |
| report to the court if the minor is a chronic or
habitual | 20 |
| truant under Section 26-2a of the School Code.
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| (7) In no event shall a guilty minor be committed to the | 22 |
| Department of
Corrections, Juvenile Division for a period of | 23 |
| time in
excess of
that period for which an adult could be | 24 |
| committed for the same act.
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| (8) A minor found to be guilty for reasons that include a | 26 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 27 |
| be ordered to perform
community service for not less than 30 | 28 |
| and not more than 120 hours, if
community service is available | 29 |
| in the jurisdiction. The community service
shall include, but | 30 |
| need not be limited to, the cleanup and repair of the damage
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| that was caused by the violation or similar damage to property | 32 |
| located in the
municipality or county in which the violation | 33 |
| occurred. The order may be in
addition to any other order | 34 |
| authorized by this Section.
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| (8.5) A minor found to be guilty for reasons that include a | 36 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care |
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HB0371 |
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LRB094 02476 RLC 32477 b |
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| for Animals Act or paragraph (d) of
subsection (1) of
Section | 2 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 3 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 4 |
| psychological treatment rendered by a clinical psychologist.
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| The order
may be in addition to any other order authorized by | 6 |
| this Section.
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| (9) In addition to any other sentencing order, the court | 8 |
| shall order any
minor found
to be guilty for an act which would | 9 |
| constitute, predatory criminal sexual
assault of a child, | 10 |
| aggravated criminal sexual assault, criminal sexual
assault, | 11 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
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| committed by an
adult to undergo medical testing to determine | 13 |
| whether the defendant has any
sexually transmissible disease | 14 |
| including a test for infection with human
immunodeficiency | 15 |
| virus (HIV) or any other identified causative agency of
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| acquired immunodeficiency syndrome (AIDS). Any medical test | 17 |
| shall be performed
only by appropriately licensed medical | 18 |
| practitioners and may include an
analysis of any bodily fluids | 19 |
| as well as an examination of the minor's person.
Except as | 20 |
| otherwise provided by law, the results of the test shall be | 21 |
| kept
strictly confidential by all medical personnel involved in | 22 |
| the testing and must
be personally delivered in a sealed | 23 |
| envelope to the judge of the court in which
the sentencing | 24 |
| order was entered for the judge's inspection in camera. Acting
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| in accordance with the best interests of the victim and the | 26 |
| public, the judge
shall have the discretion to determine to | 27 |
| whom the results of the testing may
be revealed. The court | 28 |
| shall notify the minor of the results of the test for
infection | 29 |
| with the human immunodeficiency virus (HIV). The court shall | 30 |
| also
notify the victim if requested by the victim, and if the | 31 |
| victim is under the
age of 15 and if requested by the victim's | 32 |
| parents or legal guardian, the court
shall notify the victim's | 33 |
| parents or the legal guardian, of the results of the
test for | 34 |
| infection with the human immunodeficiency virus (HIV). The | 35 |
| court
shall provide information on the availability of HIV | 36 |
| testing and counseling at
the Department of Public Health |
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LRB094 02476 RLC 32477 b |
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| facilities to all parties to whom the
results of the testing | 2 |
| are revealed. The court shall order that the cost of
any test | 3 |
| shall be paid by the county and may be taxed as costs against | 4 |
| the
minor.
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| (10) When a court finds a minor to be guilty the court | 6 |
| shall, before
entering a sentencing order under this Section, | 7 |
| make a finding whether the
offense committed either: (a) was | 8 |
| related to or in furtherance of the criminal
activities of an | 9 |
| organized gang or was motivated by the minor's membership in
or | 10 |
| allegiance to an organized gang, or (b) involved a violation of
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| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 12 |
| a violation of
any
Section of Article 24 of the Criminal Code | 13 |
| of 1961, or a violation of any
statute that involved the | 14 |
| wrongful use of a firearm. If the court determines
the question | 15 |
| in the affirmative,
and the court does not commit the minor to | 16 |
| the Department of Corrections,
Juvenile Division, the court | 17 |
| shall order the minor to perform community service
for not less | 18 |
| than 30 hours nor more than 120 hours, provided that community
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| service is available in the jurisdiction and is funded and | 20 |
| approved by the
county board of the county where the offense | 21 |
| was committed. The community
service shall include, but need | 22 |
| not be limited to, the cleanup and repair of
any damage caused | 23 |
| by a violation of Section 21-1.3 of the Criminal Code of 1961
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| and similar damage to property located in the municipality or | 25 |
| county in which
the violation occurred. When possible and | 26 |
| reasonable, the community service
shall be performed in the | 27 |
| minor's neighborhood. This order shall be in
addition to any | 28 |
| other order authorized by this Section
except for an order to | 29 |
| place the minor in the custody of the Department of
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| Corrections, Juvenile Division. For the purposes of this | 31 |
| Section, "organized
gang" has the meaning ascribed to it in | 32 |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | 33 |
| Prevention Act.
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| (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised | 35 |
| 10-9-03.)
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HB0371 |
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LRB094 02476 RLC 32477 b |
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| (705 ILCS 405/5-720)
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| Sec. 5-720. Probation revocation.
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| (1) If a petition is filed charging a violation of a | 4 |
| condition of
probation or of conditional discharge, the court | 5 |
| shall:
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| (a) order the minor to appear; or
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| (b) order the minor's detention if the court finds that | 8 |
| the detention is
a matter of immediate and urgent necessity | 9 |
| for the protection of the minor or
of the person or | 10 |
| property of another or that the minor is likely to flee the
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| jurisdiction of the court, provided that any such detention | 12 |
| shall be in a
juvenile detention home and the minor so | 13 |
| detained shall be 10 years of age or
older and under 21 | 14 |
| years of age ; and
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| (c) notify the persons named in the petition under | 16 |
| Section 5-520, in
accordance with the provisions of Section | 17 |
| 5-530.
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| In making its detention determination under paragraph (b) | 19 |
| of this subsection
(1) of this
Section, the court may use | 20 |
| information in its findings offered at such a
hearing by way of | 21 |
| proffer based upon reliable information presented by the
State, | 22 |
| probation officer, or the minor. The filing of a petition for | 23 |
| violation
of a condition of probation or of conditional | 24 |
| discharge shall toll the period
of probation or of conditional | 25 |
| discharge until the final determination of the
charge, and the | 26 |
| term of probation or conditional discharge shall not run until
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| the hearing and disposition of the petition for violation.
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| (2) The court shall conduct a hearing of the alleged | 29 |
| violation of
probation or of
conditional discharge. The minor | 30 |
| shall not be held in detention longer than 15
days pending the | 31 |
| determination of the alleged violation.
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| (3) At the hearing, the State shall have the burden of | 33 |
| going forward with
the evidence and proving the violation by a | 34 |
| preponderance of the evidence.
The evidence shall be presented | 35 |
| in court with the right of confrontation,
cross-examination, | 36 |
| and representation by counsel.
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LRB094 02476 RLC 32477 b |
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| (4) If the court finds that the minor has
violated a | 2 |
| condition at any time prior to the expiration or termination of | 3 |
| the
period of probation or conditional discharge, it
may | 4 |
| continue him or her on the existing sentence, with or without | 5 |
| modifying
or
enlarging the conditions, or may revoke probation | 6 |
| or conditional discharge and
impose any other sentence that was | 7 |
| available under Section 5-710 at the time
of the initial | 8 |
| sentence , including sentencing the minor to a term of | 9 |
| confinement in a county jail for a period not to exceed 6 | 10 |
| months if the minor is 17 years of age or older .
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| (5) The conditions of probation and of conditional | 12 |
| discharge may be
reduced or enlarged by the court on motion of | 13 |
| the probation officer or on its
own motion or at the request of | 14 |
| the minor after notice and hearing under this
Section.
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| (6) Sentencing after revocation of probation or of | 16 |
| conditional discharge
shall be under Section 5-705.
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| (7) Instead of filing a violation of probation or of | 18 |
| conditional
discharge, the probation officer, with the | 19 |
| concurrence of his or her
supervisor, may serve on the minor a | 20 |
| notice of intermediate sanctions. The
notice shall contain the | 21 |
| technical violation or violations involved, the date
or dates | 22 |
| of the violation or violations, and the intermediate sanctions | 23 |
| to be
imposed. Upon receipt of the notice, the minor shall | 24 |
| immediately accept or
reject the intermediate sanctions. If the | 25 |
| sanctions are accepted, they shall
be imposed immediately. If | 26 |
| the intermediate sanctions are rejected or the
minor does not | 27 |
| respond to the notice, a violation
of probation or of | 28 |
| conditional discharge shall be immediately filed with the
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| court. The State's Attorney and the sentencing court shall be | 30 |
| notified of the
notice of sanctions. Upon successful completion | 31 |
| of the intermediate sanctions,
a court may not revoke probation | 32 |
| or conditional discharge or impose additional
sanctions for the | 33 |
| same violation. A notice of intermediate sanctions may not
be | 34 |
| issued for any violation of probation or conditional discharge | 35 |
| which could
warrant an additional, separate felony charge.
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| (Source: P.A. 90-590, eff. 1-1-99.)
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