Personal service of the petition for violation of probation or
the issuance of such warrant, summons or notice shall toll the period of
probation, conditional discharge, supervision, or sentence of
county impact incarceration until
the final determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county impact
incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged violation. The
court shall admit the offender to pretrial release pending the hearing unless the
alleged violation is itself a criminal offense in which case the
offender shall be admitted to pretrial release on such terms as are provided in the
Code of Criminal Procedure of 1963, as amended. In any case where an
offender remains incarcerated only as a result of his alleged violation of
the court's earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be held within
14 days of the onset of
said incarceration, unless the alleged violation is the commission of
another offense by the offender during the period of probation, supervision
or conditional discharge in which case such hearing shall be held within
the time limits described in Section 103-5 of the Code of Criminal
Procedure of 1963, as amended.
(c) The State has the burden of going forward with the evidence and
proving the violation by the preponderance of the evidence. The evidence
shall be presented in open court with the right of confrontation,
cross-examination, and representation by counsel.
(d) Probation, conditional discharge, periodic imprisonment and
supervision shall not be revoked for failure to comply with conditions
of a sentence or supervision, which imposes financial obligations upon the
offender unless such failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a condition at
any time prior to the expiration or termination of the period, it may
continue him on the existing sentence, with or without modifying or
enlarging the conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing.
If the court finds that the person has failed to successfully complete his or
her sentence to a county impact incarceration program, the court may impose any
other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial
sentencing,
except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender. If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge, of
supervision, or of a sentence of county impact incarceration may be
modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after
notice and a hearing.
(g) A judgment revoking supervision, probation, conditional
discharge, or a sentence of county impact incarceration is a final
appealable order.
(h) Resentencing after revocation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be credited by
the court against a sentence of imprisonment or periodic imprisonment
unless the court orders otherwise. 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.
(i) Instead of filing a violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration, an agent or
employee of the
supervising agency with the concurrence of his or
her
supervisor may serve on the defendant a Notice of Intermediate Sanctions.
The
Notice shall contain the technical violation or violations involved, the date
or dates of the violation or violations, and the intermediate sanctions to be
imposed. Upon receipt of the Notice, the defendant shall immediately accept or
reject the intermediate sanctions. If the sanctions are accepted, they shall
be imposed immediately. If the intermediate sanctions are rejected or the
defendant does not respond to the Notice, a violation of probation, conditional
discharge, supervision, or a sentence of county impact incarceration
shall be immediately filed with the court. The
State's Attorney and the sentencing court shall be notified of the Notice of
Sanctions. Upon successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision, or a
sentence of county impact incarceration or impose
additional sanctions for the same violation.
A notice of intermediate sanctions may not be issued for any violation of
probation, conditional discharge, supervision, or a sentence of county
impact incarceration which could warrant an
additional, separate felony charge.
The intermediate sanctions shall include a term of home detention as provided
in Article 8A of Chapter V of this Code for multiple or repeat violations of
the terms and conditions of a sentence of probation, conditional discharge, or
supervision.
(j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.
(k)(1) On and after the effective date of this amendatory Act of the 101st General Assembly, this subsection (k) shall apply to arrest warrants in Cook County only. An arrest
warrant issued under paragraph (3) of subsection (a) when the underlying conviction is for the offense of theft, retail theft, or possession of a controlled substance shall
remain active for a period not to exceed 10 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. A motion to
extend the warrant shall be filed within one year before the warrant expiration date
and notice shall be provided to the
office of the sheriff.
(2) If a motion to extend a warrant issued under paragraph (3)
of subsection (a) is not filed,
the warrant shall be quashed and recalled as a
matter of law under paragraph (1) of this subsection (k) and
the wanted person's period of probation, conditional
discharge, or supervision shall terminate unsatisfactorily as
a matter of law.
(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)
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