Full Text of SB1546 95th General Assembly
SB1546 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1546
Introduced 2/9/2007, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-6-4 |
from Ch. 38, par. 1005-6-4 |
730 ILCS 5/5-7-2 |
from Ch. 38, par. 1005-7-2 |
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Amends the Unified Code of Corrections. Provides that the amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.
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A BILL FOR
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SB1546 |
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LRB095 11035 RLC 31354 b |
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| AN ACT concerning criminal law.
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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 Unified Code of Corrections is amended by | 5 |
| changing Sections 5-6-4 and 5-7-2 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 | 17 |
| designated by the court to handle probation matters; and in
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| the case of conditional discharge or supervision | 19 |
| violations, such notice
to the offender shall be issued by | 20 |
| the Circuit Court Clerk;
and in the case of a violation of | 21 |
| a sentence of county impact incarceration,
such notice | 22 |
| shall be issued by the Sheriff;
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| (2) order a summons to the offender to be present for |
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SB1546 |
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LRB095 11035 RLC 31354 b |
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| hearing; or
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| (3) order a warrant for the offender's arrest where | 3 |
| there is danger of
his fleeing the jurisdiction or causing | 4 |
| serious harm to others or when the
offender fails to answer | 5 |
| 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 | 7 |
| or
the issuance of such warrant, summons or notice shall toll | 8 |
| the period of
probation, conditional discharge, supervision, | 9 |
| or sentence of
county impact incarceration until
the final | 10 |
| determination of the charge, and the term of probation,
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| conditional discharge, supervision, or sentence of county | 12 |
| 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 | 15 |
| violation. The
court shall admit the offender to bail pending | 16 |
| the hearing unless the
alleged violation is itself a criminal | 17 |
| offense in which case the
offender shall be admitted to bail on | 18 |
| such terms as are provided in the
Code of Criminal Procedure of | 19 |
| 1963, as amended. In any case where an
offender remains | 20 |
| incarcerated only as a result of his alleged violation of
the | 21 |
| court's earlier order of probation, supervision, conditional
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| discharge, or county impact incarceration such hearing shall be | 23 |
| held within
14 days of the onset of
said incarceration, unless | 24 |
| the alleged violation is the commission of
another offense by | 25 |
| the offender during the period of probation, supervision
or | 26 |
| conditional discharge in which case such hearing shall be held |
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SB1546 |
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LRB095 11035 RLC 31354 b |
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| within
the time limits described in Section 103-5 of the Code | 2 |
| of Criminal
Procedure of 1963, as amended.
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| (c) The State has the burden of going forward with the | 4 |
| evidence and
proving the violation by the preponderance of the | 5 |
| evidence. The evidence
shall be presented in open court with | 6 |
| the right of confrontation,
cross-examination, and | 7 |
| representation by counsel.
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| (d) Probation, conditional discharge, periodic | 9 |
| imprisonment and
supervision shall not be revoked for failure | 10 |
| to comply with conditions
of a sentence or supervision, which | 11 |
| imposes financial obligations upon the
offender unless such | 12 |
| failure is due to his willful refusal to pay.
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| (e) If the court finds that the offender has violated a | 14 |
| condition at
any time prior to the expiration or termination of | 15 |
| the period, it may
continue him on the existing sentence, with | 16 |
| or without modifying or
enlarging the conditions, or may impose | 17 |
| any other sentence that was
available under Section 5-5-3 of | 18 |
| this Code or Section 11-501 of the Illinois Vehicle Code at the | 19 |
| time of initial sentencing.
If the court finds that the person | 20 |
| has failed to successfully complete his or
her sentence to a | 21 |
| 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 | 23 |
| Code or Section 11-501 of the Illinois Vehicle Code at the time | 24 |
| of initial
sentencing,
except for a sentence of probation or | 25 |
| conditional discharge. If the court finds that the offender has | 26 |
| violated paragraph (8.6) of subsection (a) of Section 5-6-3, |
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LRB095 11035 RLC 31354 b |
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| the court shall revoke the probation of the offender. If the | 2 |
| court finds that the offender has violated subsection (o) of | 3 |
| Section 5-6-3.1, the court shall revoke the supervision of the | 4 |
| offender.
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| (f) The conditions of probation, of conditional discharge, | 6 |
| of
supervision, or of a sentence of county impact incarceration | 7 |
| may be
modified by the court on motion of the supervising | 8 |
| agency or on its own motion or at the request of the offender | 9 |
| after
notice and a hearing.
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| (g) A judgment revoking supervision, probation, | 11 |
| conditional
discharge, or a sentence of county impact | 12 |
| incarceration is a final
appealable order.
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| (h) Resentencing after revocation of probation, | 14 |
| conditional
discharge, supervision, or a sentence of county | 15 |
| impact
incarceration shall be under Article 4. The term
Time | 16 |
| served on
probation, conditional discharge or supervision | 17 |
| shall not be credited by
the court against a sentence of | 18 |
| imprisonment or periodic imprisonment
unless the court orders | 19 |
| otherwise. The amount of credit to be applied against a | 20 |
| sentence of imprisonment or periodic imprisonment when the | 21 |
| defendant served a term or partial term of periodic | 22 |
| imprisonment shall be calculated upon the basis of the actual | 23 |
| days spent in confinement rather than the duration of the term.
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| (i) Instead of filing a violation of probation, conditional | 25 |
| discharge,
supervision, or a sentence of county impact | 26 |
| incarceration, an agent or
employee of the
supervising agency |
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LRB095 11035 RLC 31354 b |
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| with the concurrence of his or
her
supervisor may serve on the | 2 |
| defendant a Notice of Intermediate Sanctions.
The
Notice shall | 3 |
| contain the technical violation or violations involved, the | 4 |
| date
or dates of the violation or violations, and the | 5 |
| intermediate sanctions to be
imposed. Upon receipt of the | 6 |
| Notice, the defendant shall immediately accept or
reject the | 7 |
| intermediate sanctions. If the sanctions are accepted, they | 8 |
| shall
be imposed immediately. If the intermediate sanctions are | 9 |
| rejected or the
defendant does not respond to the Notice, a | 10 |
| violation of probation, conditional
discharge, supervision, or | 11 |
| a sentence of county impact incarceration
shall be immediately | 12 |
| filed with the court. The
State's Attorney and the sentencing | 13 |
| court shall be notified of the Notice of
Sanctions. Upon | 14 |
| successful completion of the intermediate sanctions, a court
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| may not revoke probation, conditional discharge, supervision, | 16 |
| or a
sentence of county impact incarceration or impose
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| additional sanctions for the same violation.
A notice of | 18 |
| intermediate sanctions may not be issued for any violation of
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| probation, conditional discharge, supervision, or a sentence | 20 |
| of county
impact incarceration which could warrant an
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| additional, separate felony charge.
The intermediate sanctions | 22 |
| shall include a term of home detention as provided
in Article | 23 |
| 8A of Chapter V of this Code for multiple or repeat violations | 24 |
| of
the terms and conditions of a sentence of probation, | 25 |
| conditional discharge, or
supervision. | 26 |
| (j) When an offender is re-sentenced after revocation of |
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LRB095 11035 RLC 31354 b |
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| probation that was imposed in combination with a sentence of | 2 |
| imprisonment for the same offense, the aggregate of the | 3 |
| sentences may not exceed the maximum term authorized under | 4 |
| Article 8 of this Chapter.
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| (Source: P.A. 93-800, eff. 1-1-05; 93-1014, eff. 1-1-05; | 6 |
| 94-161, eff. 7-11-05.)
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| (730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
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| Sec. 5-7-2. Modification and Revocation. (a) A sentence of | 9 |
| periodic imprisonment may be modified or revoked
by the court | 10 |
| if:
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| (1) the offender commits another offense; or
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| (2) the offender violates any of the conditions of the | 13 |
| sentence; or
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| (3) the offender violates any rule or regulation of the | 15 |
| institution,
agency or Department to which he has been | 16 |
| committed.
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| (b) If the offender violates the order of periodic | 18 |
| imprisonment, the
Department of Corrections, the sheriff, or | 19 |
| the superintendent of the
house of corrections shall report | 20 |
| such violation to the
court.
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| (c) The court shall not modify or revoke a sentence of | 22 |
| periodic
imprisonment unless the offender has been given | 23 |
| written notice and
afforded a hearing under Section 5-6-4. If | 24 |
| the offender is
incarcerated as a result of his alleged | 25 |
| violation of the court's
prior order, such hearing shall be |
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LRB095 11035 RLC 31354 b |
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| held within 14 days of the
onset of said incarceration. Where a | 2 |
| sentence of periodic
imprisonment is revoked, the court may | 3 |
| impose any other sentence that
was available at the time of | 4 |
| initial sentencing. That part of the term
under paragraph (d) | 5 |
| of Section 5-7-1 which has been served under the
sentence of | 6 |
| periodic imprisonment shall be credited against a sentence
of | 7 |
| imprisonment.
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| (Source: P.A. 80-1099.)
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