Full Text of SB1030 96th General Assembly
SB1030sam001 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/17/2009
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LRB096 07100 RLC 23985 a |
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| AMENDMENT TO SENATE BILL 1030
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| AMENDMENT NO. ______. Amend Senate Bill 1030 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-6-4 as follows:
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| (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
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| Sec. 5-6-4. Violation, Modification or Revocation of | 8 |
| Probation, of
Conditional Discharge or Supervision or of a | 9 |
| sentence of county impact
incarceration - Hearing.
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| (a) Except in cases where
conditional discharge or | 11 |
| supervision was imposed for a petty offense as
defined in | 12 |
| Section 5-1-17, when a petition is filed charging a violation | 13 |
| of
a condition, the court may:
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| (1) in the case of probation violations, order the | 15 |
| issuance of a notice
to the offender to be present by the | 16 |
| County Probation Department or such
other agency |
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| designated by the court to handle probation matters; and in
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| the case of conditional discharge or supervision | 3 |
| violations, such notice
to the offender shall be issued by | 4 |
| the Circuit Court Clerk;
and in the case of a violation of | 5 |
| a sentence of county impact incarceration,
such notice | 6 |
| shall be issued by the Sheriff;
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| (2) order a summons to the offender to be present for | 8 |
| hearing; or
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| (3) order a warrant for the offender's arrest where | 10 |
| there is danger of
his fleeing the jurisdiction or causing | 11 |
| serious harm to others or when the
offender fails to answer | 12 |
| a summons or notice from the clerk of the court or
Sheriff.
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| Personal service of the petition for violation of probation | 14 |
| or
the issuance of such warrant, summons or notice shall toll | 15 |
| the period of
probation, conditional discharge, supervision, | 16 |
| or sentence of
county impact incarceration until
the final | 17 |
| determination of the charge, and the term of probation,
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| conditional discharge, supervision, or sentence of county | 19 |
| impact
incarceration shall not run until the hearing and
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| disposition of the petition for violation.
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| (b) The court shall conduct a hearing of the alleged | 22 |
| violation. The
court shall admit the offender to bail pending | 23 |
| the hearing unless the
alleged violation is itself a criminal | 24 |
| offense in which case the
offender shall be admitted to bail on | 25 |
| such terms as are provided in the
Code of Criminal Procedure of | 26 |
| 1963, as amended. In any case where an
offender remains |
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LRB096 07100 RLC 23985 a |
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| incarcerated only as a result of his alleged violation of
the | 2 |
| court's earlier order of probation, supervision, conditional
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| discharge, or county impact incarceration such hearing shall be | 4 |
| held within
14 days of the onset of
said incarceration, unless | 5 |
| the alleged violation is the commission of
another offense by | 6 |
| the offender during the period of probation, supervision
or | 7 |
| conditional discharge in which case such hearing shall be held | 8 |
| within
the time limits described in Section 103-5 of the Code | 9 |
| of Criminal
Procedure of 1963, as amended.
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| (c) The State has the burden of going forward with the | 11 |
| evidence and
proving the violation by the preponderance of the | 12 |
| evidence. The evidence
shall be presented in open court with | 13 |
| the right of confrontation,
cross-examination, and | 14 |
| representation by counsel.
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| (d) Probation, conditional discharge, periodic | 16 |
| imprisonment and
supervision shall not be revoked for failure | 17 |
| to comply with conditions
of a sentence or supervision, which | 18 |
| imposes financial obligations upon the
offender unless such | 19 |
| failure is due to his willful refusal to pay.
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| (e) If the court finds that the offender has violated a | 21 |
| condition at
any time prior to the expiration or termination of | 22 |
| the period, it may
continue him on the existing sentence, with | 23 |
| or without modifying or
enlarging the conditions, or may impose | 24 |
| any other sentence that was
available under Section 5-5-3 of | 25 |
| this Code or Section 11-501 of the Illinois Vehicle Code at the | 26 |
| time of initial sentencing.
If the court finds that the person |
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| has failed to successfully complete his or
her sentence to a | 2 |
| county impact incarceration program, the court may impose any
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| other sentence that was available under Section 5-5-3 of this | 4 |
| Code or Section 11-501 of the Illinois Vehicle Code at the time | 5 |
| of initial
sentencing,
except for a sentence of probation or | 6 |
| conditional discharge. If the court finds that the offender has | 7 |
| violated paragraph (8.6) of subsection (a) of Section 5-6-3, | 8 |
| the court shall revoke the probation of the offender. If the | 9 |
| court finds that the offender has violated subsection (o) of | 10 |
| Section 5-6-3.1, the court shall revoke the supervision of the | 11 |
| offender.
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| (f) The conditions of probation, of conditional discharge, | 13 |
| of
supervision, or of a sentence of county impact incarceration | 14 |
| may be
modified by the court on motion of the supervising | 15 |
| agency or on its own motion or at the request of the offender | 16 |
| after
notice and a hearing.
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| (g) A judgment revoking supervision, probation, | 18 |
| conditional
discharge, or a sentence of county impact | 19 |
| incarceration is a final
appealable order.
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| (h) Resentencing after revocation of probation, | 21 |
| conditional
discharge, supervision, or a sentence of county | 22 |
| impact
incarceration shall be under Article 4. The term on
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| probation, conditional discharge or supervision shall not be | 24 |
| credited by
the court against a sentence of imprisonment or | 25 |
| periodic imprisonment
unless the court orders otherwise. The | 26 |
| amount of credit to be applied against a sentence of |
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| imprisonment or periodic imprisonment when the defendant | 2 |
| served a term or partial term of periodic imprisonment shall be | 3 |
| calculated upon the basis of the actual days spent in | 4 |
| confinement rather than the duration of the term.
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| (i) Instead of the agent or employee of the supervising | 6 |
| agency filing with the court and forwarding to the State's | 7 |
| Attorney a report of filing a violation of probation, | 8 |
| conditional discharge,
supervision, or a sentence of county | 9 |
| impact incarceration, an agent or
employee of the
supervising | 10 |
| agency with the concurrence of his or
her
supervisor may serve | 11 |
| on the defendant a Notice of Intermediate Sanctions , provided | 12 |
| the State's Attorney and the sentencing court have been given | 13 |
| at least one week's notice by the supervising agency of its | 14 |
| intent to serve a Notice of Intermediate Sanctions on the | 15 |
| defendant and the State's Attorney agrees .
The
Notice shall | 16 |
| contain the technical violation or violations involved, the | 17 |
| date
or dates of the violation or violations, and the | 18 |
| intermediate sanctions to be
imposed. Upon receipt of the | 19 |
| Notice, the defendant shall immediately accept or
reject the | 20 |
| intermediate sanctions. If the sanctions are accepted, they | 21 |
| shall
be imposed immediately. If the intermediate sanctions are | 22 |
| rejected or the
defendant does not respond to the Notice, a | 23 |
| report of violation of probation, conditional
discharge, | 24 |
| supervision, or a sentence of county impact incarceration
shall | 25 |
| be immediately filed with the court and the State's Attorney . | 26 |
| The
State's Attorney and the sentencing court shall be notified |
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| of the Notice of
Sanctions. Upon successful completion of the | 2 |
| intermediate sanctions agreed to by the State's Attorney , a | 3 |
| court
may not revoke probation, conditional discharge, | 4 |
| supervision, or a
sentence of county impact incarceration or | 5 |
| impose
additional sanctions for the same violation.
A notice of | 6 |
| intermediate sanctions may not be issued for any violation of
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| probation, conditional discharge, supervision, or a sentence | 8 |
| of county
impact incarceration which could warrant an
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| additional, separate felony charge.
The intermediate sanctions | 10 |
| shall include a term of home detention as provided
in Article | 11 |
| 8A of Chapter V of this Code for multiple or repeat violations | 12 |
| of
the terms and conditions of a sentence of probation, | 13 |
| conditional discharge, or
supervision. | 14 |
| (j) When an offender is re-sentenced after revocation of | 15 |
| probation that was imposed in combination with a sentence of | 16 |
| imprisonment for the same offense, the aggregate of the | 17 |
| sentences may not exceed the maximum term authorized under | 18 |
| Article 8 of this Chapter.
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| (Source: P.A. 94-161, eff. 7-11-05; 95-35, eff. 1-1-08.)".
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