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90_HB2535
730 ILCS 5/5-5-3
730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
730 ILCS 5/5-6-2 from Ch. 38, par. 1005-6-2
730 ILCS 5/5-7-1 from Ch. 38, par. 1005-7-1
Amends the Unified Code of Corrections. Provides that a
defendant convicted of a felony committed on or after the
effective date of this amendatory Act of 1998 shall be
ineligible for a sentence of probation, periodic
imprisonment, or conditional discharge.
LRB9008521RCpc
LRB9008521RCpc
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 5-5-3, 5-6-1, 5-6-2, and 5-7-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 5-5-3, 5-6-1, 5-6-2, and 5-7-1 as follows:
7 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
8 Sec. 5-5-3. Disposition.
9 (a) Every person convicted of an offense shall be
10 sentenced as provided in this Section.
11 (b) The following options shall be appropriate
12 dispositions, alone or in combination, for all felonies and
13 misdemeanors other than those identified in subsection (c) of
14 this Section:
15 (1) A period of probation.
16 (2) A term of periodic imprisonment.
17 (3) A term of conditional discharge.
18 (4) A term of imprisonment.
19 (5) An order directing the offender to clean up and
20 repair the damage, if the offender was convicted under
21 paragraph (h) of Section 21-1 of the Criminal Code of
22 1961.
23 (6) A fine.
24 (7) An order directing the offender to make
25 restitution to the victim under Section 5-5-6 of this
26 Code.
27 (8) A sentence of participation in a county impact
28 incarceration program under Section 5-8-1.2 of this Code.
29 Whenever an individual is sentenced for an offense based
30 upon an arrest for a violation of Section 11-501 of the
31 Illinois Vehicle Code, or a similar provision of a local
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1 ordinance, and the professional evaluation recommends
2 remedial or rehabilitative treatment or education, neither
3 the treatment nor the education shall be the sole disposition
4 and either or both may be imposed only in conjunction with
5 another disposition. The court shall monitor compliance with
6 any remedial education or treatment recommendations contained
7 in the professional evaluation. Programs conducting alcohol
8 or other drug evaluation or remedial education must be
9 licensed by the Department of Human Services. However, if
10 the individual is not a resident of Illinois, the court may
11 accept an alcohol or other drug evaluation or remedial
12 education program in the state of such individual's
13 residence. Programs providing treatment must be licensed
14 under existing applicable alcoholism and drug treatment
15 licensure standards.
16 In addition to any other fine or penalty required by law,
17 any individual convicted of a violation of Section 11-501 of
18 the Illinois Vehicle Code or a similar provision of local
19 ordinance, whose operation of a motor vehicle while in
20 violation of Section 11-501 or such ordinance proximately
21 caused an incident resulting in an appropriate emergency
22 response, shall be required to make restitution to a public
23 agency for the costs of that emergency response. Such
24 restitution shall not exceed $500 per public agency for each
25 such emergency response. For the purpose of this paragraph,
26 emergency response shall mean any incident requiring a
27 response by: a police officer as defined under Section 1-162
28 of the Illinois Vehicle Code; a fireman carried on the rolls
29 of a regularly constituted fire department; and an ambulance
30 as defined under Section 4.05 of the Emergency Medical
31 Services (EMS) Systems Act.
32 Neither a fine nor restitution shall be the sole
33 disposition for a felony and either or both may be imposed
34 only in conjunction with another disposition.
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1 (c) (1) When a defendant is found guilty of first degree
2 murder the State may either seek a sentence of
3 imprisonment under Section 5-8-1 of this Code, or where
4 appropriate seek a sentence of death under Section 9-1 of
5 the Criminal Code of 1961.
6 (2) A period of probation, a term of periodic
7 imprisonment or conditional discharge shall not be
8 imposed for the following offenses. The court shall
9 sentence the offender to not less than the minimum term
10 of imprisonment set forth in this Code for the following
11 offenses, and may order a fine or restitution or both in
12 conjunction with such term of imprisonment:
13 (A) First degree murder where the death
14 penalty is not imposed.
15 (B) Attempted first degree murder.
16 (C) A Class X felony.
17 (D) A violation of Section 401.1 or 407 of the
18 Illinois Controlled Substances Act, or a violation
19 of subdivision (c)(2) of Section 401 of that Act
20 which relates to more than 5 grams of a substance
21 containing cocaine or an analog thereof.
22 (E) A violation of Section 5.1 or 9 of the
23 Cannabis Control Act.
24 (F) A Class 2 or greater felony if the
25 offender had been convicted of a Class 2 or greater
26 felony within 10 years of the date on which he
27 committed the offense for which he is being
28 sentenced.
29 (G) Residential burglary.
30 (H) Criminal sexual assault, except as
31 otherwise provided in subsection (e) of this
32 Section.
33 (I) Aggravated battery of a senior citizen.
34 (J) A forcible felony if the offense was
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1 related to the activities of an organized gang.
2 Before July 1, 1994, for the purposes of this
3 paragraph, "organized gang" means an association of
4 5 or more persons, with an established hierarchy,
5 that encourages members of the association to
6 perpetrate crimes or provides support to the members
7 of the association who do commit crimes.
8 Beginning July 1, 1994, for the purposes of
9 this paragraph, "organized gang" has the meaning
10 ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (K) Vehicular hijacking.
13 (L) A second or subsequent conviction for the
14 offense of hate crime when the underlying offense
15 upon which the hate crime is based is felony
16 aggravated assault or felony mob action.
17 (M) A second or subsequent conviction for the
18 offense of institutional vandalism if the damage to
19 the property exceeds $300.
20 (N) A Class 3 felony violation of paragraph
21 (1) of subsection (a) of Section 2 of the Firearm
22 Owners Identification Card Act.
23 (O) A violation of Section 12-6.1 of the
24 Criminal Code of 1961.
25 (P) A violation of paragraph (1), (2), (3),
26 (4), (5), or (7) of subsection (a) of Section
27 11-20.1 of the Criminal Code of 1961.
28 (Q) A felony committed on or after the
29 effective date of this amendatory Act of 1998.
30 (3) A minimum term of imprisonment of not less than
31 48 consecutive hours or 100 hours of community service as
32 may be determined by the court shall be imposed for a
33 second or subsequent violation committed within 5 years
34 of a previous violation of Section 11-501 of the Illinois
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1 Vehicle Code or a similar provision of a local ordinance.
2 (4) A minimum term of imprisonment of not less than
3 7 consecutive days or 30 days of community service shall
4 be imposed for a violation of paragraph (c) of Section
5 6-303 of the Illinois Vehicle Code.
6 (4.1) A minimum term of 30 consecutive days of
7 imprisonment, 40 days of 24 hour periodic imprisonment or
8 720 hours of community service, as may be determined by
9 the court, shall be imposed for a violation of Section
10 11-501 of the Illinois Vehicle Code during a period in
11 which the defendant's driving privileges are revoked or
12 suspended, where the revocation or suspension was for a
13 violation of Section 11-501 or Section 11-501.1 of that
14 Code.
15 (5) The court may sentence an offender convicted of
16 a business offense or a petty offense or a corporation or
17 unincorporated association convicted of any offense to:
18 (A) a period of conditional discharge;
19 (B) a fine;
20 (C) make restitution to the victim under
21 Section 5-5-6 of this Code.
22 (6) In no case shall an offender be eligible for a
23 disposition of probation or conditional discharge for a
24 Class 1 felony committed while he was serving a term of
25 probation or conditional discharge for a felony.
26 (7) When a defendant is adjudged a habitual
27 criminal under Article 33B of the Criminal Code of 1961,
28 the court shall sentence the defendant to a term of
29 natural life imprisonment.
30 (8) When a defendant, over the age of 21 years, is
31 convicted of a Class 1 or Class 2 felony, after having
32 twice been convicted of any Class 2 or greater Class
33 felonies in Illinois, and such charges are separately
34 brought and tried and arise out of different series of
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1 acts, such defendant shall be sentenced as a Class X
2 offender. This paragraph shall not apply unless (1) the
3 first felony was committed after the effective date of
4 this amendatory Act of 1977; and (2) the second felony
5 was committed after conviction on the first; and (3) the
6 third felony was committed after conviction on the
7 second.
8 (9) A defendant convicted of a second or subsequent
9 offense of ritualized abuse of a child may be sentenced
10 to a term of natural life imprisonment.
11 (10) Beginning July 1, 1994, unless sentencing
12 under Section 33B-1 is applicable, a term of imprisonment
13 of not less than 15 years nor more than 50 years shall be
14 imposed on a defendant who violates Section 33A-2 of the
15 Criminal Code of 1961 with a firearm, when that person
16 has been convicted in any state or federal court of 3 or
17 more of the following offenses: treason, first degree
18 murder, second degree murder, aggravated criminal sexual
19 assault, criminal sexual assault, robbery, burglary,
20 arson, kidnaping, aggravated battery resulting in great
21 bodily harm or permanent disability or disfigurement, or
22 a violation of Section 401(a) of the Illinois Controlled
23 Substances Act, when the third offense was committed
24 after conviction on the second, the second offense was
25 committed after conviction on the first, and the
26 violation of Section 33A-2 of the Criminal Code of 1961
27 was committed after conviction on the third.
28 (11) Beginning July 1, 1994, a term of imprisonment
29 of not less than 10 years and not more than 30 years
30 shall be imposed on a defendant who violates Section
31 33A-2 with a Category I weapon where the offense was
32 committed in any school, or any conveyance owned, leased,
33 or contracted by a school to transport students to or
34 from school or a school related activity, on the real
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1 property comprising any school or public park, and where
2 the offense was related to the activities of an organized
3 gang. For the purposes of this paragraph (11),
4 "organized gang" has the meaning ascribed to it in
5 Section 10 of the Illinois Streetgang Terrorism Omnibus
6 Prevention Act.
7 (d) In any case in which a sentence originally imposed
8 is vacated, the case shall be remanded to the trial court.
9 The trial court shall hold a hearing under Section 5-4-1 of
10 the Unified Code of Corrections which may include evidence of
11 the defendant's life, moral character and occupation during
12 the time since the original sentence was passed. The trial
13 court shall then impose sentence upon the defendant. The
14 trial court may impose any sentence which could have been
15 imposed at the original trial subject to Section 5-5-4 of the
16 Unified Code of Corrections.
17 (e) In cases where prosecution for criminal sexual
18 assault or aggravated criminal sexual abuse under Section
19 12-13 or 12-16 of the Criminal Code of 1961, when the offense
20 was committed before the effective date of this amendatory
21 Act of 1998, results in conviction of a defendant who was a
22 family member of the victim at the time of the commission of
23 the offense, the court shall consider the safety and welfare
24 of the victim and may impose a sentence of probation only
25 where:
26 (1) the court finds (A) or (B) or both are
27 appropriate:
28 (A) the defendant is willing to undergo a
29 court approved counseling program for a minimum
30 duration of 2 years; or
31 (B) the defendant is willing to participate in
32 a court approved plan including but not limited to
33 the defendant's:
34 (i) removal from the household;
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1 (ii) restricted contact with the victim;
2 (iii) continued financial support of the
3 family;
4 (iv) restitution for harm done to the
5 victim; and
6 (v) compliance with any other measures
7 that the court may deem appropriate; and
8 (2) the court orders the defendant to pay for the
9 victim's counseling services, to the extent that the
10 court finds, after considering the defendant's income and
11 assets, that the defendant is financially capable of
12 paying for such services, if the victim was under 18
13 years of age at the time the offense was committed and
14 requires counseling as a result of the offense.
15 Probation may be revoked or modified pursuant to Section
16 5-6-4; except where the court determines at the hearing that
17 the defendant violated a condition of his or her probation
18 restricting contact with the victim or other family members
19 or commits another offense with the victim or other family
20 members, the court shall revoke the defendant's probation and
21 impose a term of imprisonment.
22 For the purposes of this Section, "family member" and
23 "victim" shall have the meanings ascribed to them in Section
24 12-12 of the Criminal Code of 1961.
25 (f) This Article shall not deprive a court in other
26 proceedings to order a forfeiture of property, to suspend or
27 cancel a license, to remove a person from office, or to
28 impose any other civil penalty.
29 (g) Whenever a defendant is convicted of an offense
30 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
31 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
32 12-15 or 12-16 of the Criminal Code of 1961, the defendant
33 shall undergo medical testing to determine whether the
34 defendant has any sexually transmissible disease, including a
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1 test for infection with human immunodeficiency virus (HIV) or
2 any other identified causative agent of acquired
3 immunodeficiency syndrome (AIDS). Any such medical test
4 shall be performed only by appropriately licensed medical
5 practitioners and may include an analysis of any bodily
6 fluids as well as an examination of the defendant's person.
7 Except as otherwise provided by law, the results of such test
8 shall be kept strictly confidential by all medical personnel
9 involved in the testing and must be personally delivered in a
10 sealed envelope to the judge of the court in which the
11 conviction was entered for the judge's inspection in camera.
12 Acting in accordance with the best interests of the victim
13 and the public, the judge shall have the discretion to
14 determine to whom, if anyone, the results of the testing may
15 be revealed. The court shall notify the defendant of the test
16 results. The court shall also notify the victim if requested
17 by the victim, and if the victim is under the age of 15 and
18 if requested by the victim's parents or legal guardian, the
19 court shall notify the victim's parents or legal guardian of
20 the test results. The court shall provide information on the
21 availability of HIV testing and counseling at Department of
22 Public Health facilities to all parties to whom the results
23 of the testing are revealed and shall direct the State's
24 Attorney to provide the information to the victim when
25 possible. A State's Attorney may petition the court to obtain
26 the results of any HIV test administered under this Section,
27 and the court shall grant the disclosure if the State's
28 Attorney shows it is relevant in order to prosecute a charge
29 of criminal transmission of HIV under Section 12-16.2 of the
30 Criminal Code of 1961 against the defendant. The court shall
31 order that the cost of any such test shall be paid by the
32 county and may be taxed as costs against the convicted
33 defendant.
34 (g-5) When an inmate is tested for an airborne
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1 communicable disease, as determined by the Illinois
2 Department of Public Health including but not limited to
3 tuberculosis, the results of the test shall be personally
4 delivered by the warden or his or her designee in a sealed
5 envelope to the judge of the court in which the inmate must
6 appear for the judge's inspection in camera if requested by
7 the judge. Acting in accordance with the best interests of
8 those in the courtroom, the judge shall have the discretion
9 to determine what if any precautions need to be taken to
10 prevent transmission of the disease in the courtroom.
11 (h) Whenever a defendant is convicted of an offense
12 under Section 1 or 2 of the Hypodermic Syringes and Needles
13 Act, the defendant shall undergo medical testing to determine
14 whether the defendant has been exposed to human
15 immunodeficiency virus (HIV) or any other identified
16 causative agent of acquired immunodeficiency syndrome (AIDS).
17 Except as otherwise provided by law, the results of such test
18 shall be kept strictly confidential by all medical personnel
19 involved in the testing and must be personally delivered in a
20 sealed envelope to the judge of the court in which the
21 conviction was entered for the judge's inspection in camera.
22 Acting in accordance with the best interests of the public,
23 the judge shall have the discretion to determine to whom, if
24 anyone, the results of the testing may be revealed. The court
25 shall notify the defendant of a positive test showing an
26 infection with the human immunodeficiency virus (HIV). The
27 court shall provide information on the availability of HIV
28 testing and counseling at Department of Public Health
29 facilities to all parties to whom the results of the testing
30 are revealed and shall direct the State's Attorney to provide
31 the information to the victim when possible. A State's
32 Attorney may petition the court to obtain the results of any
33 HIV test administered under this Section, and the court
34 shall grant the disclosure if the State's Attorney shows it
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1 is relevant in order to prosecute a charge of criminal
2 transmission of HIV under Section 12-16.2 of the Criminal
3 Code of 1961 against the defendant. The court shall order
4 that the cost of any such test shall be paid by the county
5 and may be taxed as costs against the convicted defendant.
6 (i) All fines and penalties imposed under this Section
7 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
8 Vehicle Code, or a similar provision of a local ordinance,
9 and any violation of the Child Passenger Protection Act, or a
10 similar provision of a local ordinance, shall be collected
11 and disbursed by the circuit clerk as provided under Section
12 27.5 of the Clerks of Courts Act.
13 (j) In cases when prosecution for any violation of
14 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
15 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
16 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
17 12-16 of the Criminal Code of 1961, any violation of the
18 Illinois Controlled Substances Act, or any violation of the
19 Cannabis Control Act results in conviction, a disposition of
20 court supervision, or an order of probation granted under
21 Section 10 of the Cannabis Control Act or Section 410 of the
22 Illinois Controlled Substance Act of a defendant, the court
23 shall determine whether the defendant is employed by a
24 facility or center as defined under the Child Care Act of
25 1969, a public or private elementary or secondary school, or
26 otherwise works with children under 18 years of age on a
27 daily basis. When a defendant is so employed, the court
28 shall order the Clerk of the Court to send a copy of the
29 judgment of conviction or order of supervision or probation
30 to the defendant's employer by certified mail. If the
31 employer of the defendant is a school, the Clerk of the Court
32 shall direct the mailing of a copy of the judgment of
33 conviction or order of supervision or probation to the
34 appropriate regional superintendent of schools. The regional
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1 superintendent of schools shall notify the State Board of
2 Education of any notification under this subsection.
3 (j-5) A defendant at least 17 years of age who is
4 convicted of a felony and who has not been previously
5 convicted of a misdemeanor or felony and who is sentenced to
6 a term of imprisonment in the Illinois Department of
7 Corrections shall as a condition of his or her sentence be
8 required by the court to attend educational courses designed
9 to prepare the defendant for a high school diploma and to
10 work toward a high school diploma or to work toward passing
11 the high school level Test of General Educational Development
12 (GED) or to work toward completing a vocational training
13 program offered by the Department of Corrections. If a
14 defendant fails to complete the educational training required
15 by his or her sentence during the term of incarceration, the
16 Prisoner Review Board shall, as a condition of mandatory
17 supervised release, require the defendant, at his or her own
18 expense, to pursue a course of study toward a high school
19 diploma or passage of the GED test. The Prisoner Review
20 Board shall revoke the mandatory supervised release of a
21 defendant who wilfully fails to comply with this subsection
22 (j-5) upon his or her release from confinement in a penal
23 institution while serving a mandatory supervised release
24 term; however, the inability of the defendant after making a
25 good faith effort to obtain financial aid or pay for the
26 educational training shall not be deemed a wilful failure to
27 comply. The Prisoner Review Board shall recommit the
28 defendant whose mandatory supervised release term has been
29 revoked under this subsection (j-5) as provided in Section
30 3-3-9. This subsection (j-5) does not apply to a defendant
31 who has a high school diploma or has successfully passed the
32 GED test. This subsection (j-5) does not apply to a defendant
33 who is determined by the court to be developmentally disabled
34 or otherwise mentally incapable of completing the educational
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1 or vocational program.
2 (k) A court may not impose a sentence or disposition for
3 a felony or misdemeanor that requires the defendant to be
4 implanted or injected with or to use any form of birth
5 control.
6 (l)(A) Except as provided in paragraph (C) of subsection
7 (l), whenever a defendant, who is an alien as defined by the
8 Immigration and Nationality Act, is convicted of any felony
9 or misdemeanor offense, the court after sentencing the
10 defendant may, upon motion of the State's Attorney, hold
11 sentence in abeyance and remand the defendant to the custody
12 of the Attorney General of the United States or his or her
13 designated agent to be deported when:
14 (1) a final order of deportation has been issued
15 against the defendant pursuant to proceedings under the
16 Immigration and Nationality Act, and
17 (2) the deportation of the defendant would not
18 deprecate the seriousness of the defendant's conduct and
19 would not be inconsistent with the ends of justice.
20 Otherwise, the defendant shall be sentenced as provided
21 in this Chapter V.
22 (B) If the defendant has already been sentenced for a
23 felony or misdemeanor offense, or has been placed on
24 probation under Section 10 of the Cannabis Control Act or
25 Section 410 of the Illinois Controlled Substances Act, the
26 court may, upon motion of the State's Attorney to suspend the
27 sentence imposed, commit the defendant to the custody of the
28 Attorney General of the United States or his or her
29 designated agent when:
30 (1) a final order of deportation has been issued
31 against the defendant pursuant to proceedings under the
32 Immigration and Nationality Act, and
33 (2) the deportation of the defendant would not
34 deprecate the seriousness of the defendant's conduct and
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1 would not be inconsistent with the ends of justice.
2 (C) This subsection (l) does not apply to offenders who
3 are subject to the provisions of paragraph (2) of subsection
4 (a) of Section 3-6-3.
5 (D) Upon motion of the State's Attorney, if a defendant
6 sentenced under this Section returns to the jurisdiction of
7 the United States, the defendant shall be recommitted to the
8 custody of the county from which he or she was sentenced.
9 Thereafter, the defendant shall be brought before the
10 sentencing court, which may impose any sentence that was
11 available under Section 5-5-3 at the time of initial
12 sentencing. In addition, the defendant shall not be eligible
13 for additional good conduct credit for meritorious service as
14 provided under Section 3-6-6.
15 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
16 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
17 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
18 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
19 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
20 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
21 Sec. 5-6-1. Sentences of Probation and of Conditional
22 Discharge and Disposition of Supervision. The General
23 Assembly finds that in order to protect the public, the
24 criminal justice system must compel compliance with the
25 conditions of probation by responding to violations with
26 swift, certain and fair punishments and intermediate
27 sanctions. The Chief Judge of each circuit shall adopt a
28 system of structured, intermediate sanctions for violations
29 of the terms and conditions of a sentence of probation,
30 conditional discharge or disposition of supervision.
31 (a) Except where specifically prohibited by other
32 provisions of this Code, and except for a felony committed on
33 or after the effective date of this amendatory Act of 1998,
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1 the court shall impose a sentence of probation or conditional
2 discharge upon an offender unless, having regard to the
3 nature and circumstance of the offense, and to the history,
4 character and condition of the offender, the court is of the
5 opinion that:
6 (1) his imprisonment or periodic imprisonment is
7 necessary for the protection of the public; or
8 (2) probation or conditional discharge would
9 deprecate the seriousness of the offender's conduct and
10 would be inconsistent with the ends of justice.
11 The court shall impose as a condition of a sentence of
12 probation, conditional discharge, or supervision, that the
13 probation agency may invoke any sanction from the list of
14 intermediate sanctions adopted by the chief judge of the
15 circuit court for violations of the terms and conditions of
16 the sentence of probation, conditional discharge, or
17 supervision, subject to the provisions of Section 5-6-4 of
18 this Act.
19 (b) Except for a felony committed on or after the
20 effective date of this amendatory Act of 1998, the court may
21 impose a sentence of conditional discharge for an offense if
22 the court is of the opinion that neither a sentence of
23 imprisonment nor of periodic imprisonment nor of probation
24 supervision is appropriate.
25 (c) The court may, upon a plea of guilty or a
26 stipulation by the defendant of the facts supporting the
27 charge or a finding of guilt, defer further proceedings and
28 the imposition of a sentence, and enter an order for
29 supervision of the defendant, if the defendant is not charged
30 with a Class A misdemeanor, as defined by the following
31 provisions of the Criminal Code of 1961: Sections 12-3.2;
32 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
33 21-1; paragraph (1) through (5), (8), (10), and (11) of
34 subsection (a) of Section 24-1; and Section 1 of the Boarding
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1 Aircraft With Weapon Act; or a felony. If the defendant is
2 not barred from receiving an order for supervision as
3 provided in this subsection, the court may enter an order for
4 supervision after considering the circumstances of the
5 offense, and the history, character and condition of the
6 offender, if the court is of the opinion that:
7 (1) the offender is not likely to commit further
8 crimes;
9 (2) the defendant and the public would be best
10 served if the defendant were not to receive a criminal
11 record; and
12 (3) in the best interests of justice an order of
13 supervision is more appropriate than a sentence otherwise
14 permitted under this Code.
15 (d) The provisions of paragraph (c) shall not apply to a
16 defendant charged with violating Section 11-501 of the
17 Illinois Vehicle Code or a similar provision of a local
18 ordinance when the defendant has previously been:
19 (1) convicted for a violation of Section 11-501 of
20 the Illinois Vehicle Code or a similar provision of a
21 local ordinance; or
22 (2) assigned supervision for a violation of Section
23 11-501 of the Illinois Vehicle Code or a similar
24 provision of a local ordinance; or
25 (3) pleaded guilty to or stipulated to the facts
26 supporting a charge or a finding of guilty to a violation
27 of Section 11-503 of the Illinois Vehicle Code or a
28 similar provision of a local ordinance, and the plea or
29 stipulation was the result of a plea agreement.
30 The court shall consider the statement of the prosecuting
31 authority with regard to the standards set forth in this
32 Section.
33 (e) The provisions of paragraph (c) shall not apply to a
34 defendant charged with violating Section 16A-3 of the
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1 Criminal Code of 1961 if said defendant has within the last 5
2 years been:
3 (1) convicted for a violation of Section 16A-3 of
4 the Criminal Code of 1961; or
5 (2) assigned supervision for a violation of Section
6 16A-3 of the Criminal Code of 1961.
7 The court shall consider the statement of the prosecuting
8 authority with regard to the standards set forth in this
9 Section.
10 (f) The provisions of paragraph (c) shall not apply to a
11 defendant charged with violating Sections 15-111, 15-112,
12 15-301, paragraph (b) of Section 6-104, Section 11-605, or
13 Section 11-1414 of the Illinois Vehicle Code or a similar
14 provision of a local ordinance.
15 (g) The provisions of paragraph (c) shall not apply to a
16 defendant charged with violating Section 3-707, 3-708, 3-710,
17 or 5-401.3 of the Illinois Vehicle Code or a similar
18 provision of a local ordinance if the defendant has within
19 the last 5 years been:
20 (1) convicted for a violation of Section 3-707,
21 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
22 a similar provision of a local ordinance; or
23 (2) assigned supervision for a violation of Section
24 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
25 Code or a similar provision of a local ordinance.
26 The court shall consider the statement of the prosecuting
27 authority with regard to the standards set forth in this
28 Section.
29 (h) The provisions of paragraph (c) shall not apply to a
30 defendant under the age of 21 years charged with violating a
31 serious traffic offense as defined in Section 1-187.001 of
32 the Illinois Vehicle Code:
33 (1) unless the defendant, upon payment of the
34 fines, penalties, and costs provided by law, agrees to
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1 attend and successfully complete a traffic safety program
2 approved by the court under standards set by the
3 Conference of Chief Circuit Judges. The accused shall be
4 responsible for payment of any traffic safety program
5 fees. If the accused fails to file a certificate of
6 successful completion on or before the termination date
7 of the supervision order, the supervision shall be
8 summarily revoked and conviction entered. The provisions
9 of Supreme Court Rule 402 relating to pleas of guilty do
10 not apply in cases when a defendant enters a guilty plea
11 under this provision; or
12 (2) if the defendant has previously been sentenced
13 under the provisions of paragraph (c) on or after January
14 1, 1998 for any serious traffic offense as defined in
15 Section 1-187.001 of the Illinois Vehicle Code.
16 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
17 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
18 1-1-98.)
19 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
20 Sec. 5-6-2. Incidents of Probation and of Conditional
21 Discharge.
22 (a) When an offender is sentenced to probation or
23 conditional discharge, the court shall impose a period under
24 paragraph (b) of this Section, and shall specify the
25 conditions under Section 5-6-3.
26 (b) Unless terminated sooner as provided in paragraph
27 (c) of this Section or extended pursuant to paragraph (e) of
28 this Section, the period of probation or conditional
29 discharge shall be as follows:
30 (1) for a Class 1 or Class 2 felony committed
31 before the effective date of this amendatory Act of 1998,
32 not to exceed 4 years;
33 (2) for a Class 3 or Class 4 felony committed
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1 before the effective date of this amendatory Act of 1998,
2 not to exceed 30 months;
3 (3) for a misdemeanor, not to exceed 2 years;
4 (4) for a petty offense, not to exceed 6 months.
5 Multiple terms of probation imposed at the same time
6 shall run concurrently.
7 (c) The court may at any time terminate probation or
8 conditional discharge if warranted by the conduct of the
9 offender and the ends of justice, as provided in Section
10 5-6-4.
11 (d) Upon the expiration or termination of the period of
12 probation or of conditional discharge, the court shall enter
13 an order discharging the offender.
14 (e) The court may extend any period of probation or
15 conditional discharge beyond the limits set forth in
16 paragraph (b) of this Section upon a violation of a condition
17 of the probation or conditional discharge, or for the payment
18 of an assessment required by Section 10.3 of the Cannabis
19 Control Act or Section 411.2 of the Illinois Controlled
20 Substances Act.
21 (Source: P.A. 86-929; 87-772; 87-895.)
22 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
23 Sec. 5-7-1. Sentence of Periodic Imprisonment.
24 (a) A sentence of periodic imprisonment is a sentence of
25 imprisonment during which the committed person may be
26 released for periods of time during the day or night or for
27 periods of days, or both, or if convicted of a felony, other
28 than first degree murder, a Class X or Class 1 felony,
29 committed to any county, municipal, or regional correctional
30 or detention institution or facility in this State for such
31 periods of time as the court may direct. Unless the court
32 orders otherwise, the particular times and conditions of
33 release shall be determined by the Department of Corrections,
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1 the sheriff, or the Superintendent of the house of
2 corrections, who is administering the program.
3 (b) A sentence of periodic imprisonment may be imposed
4 to permit the defendant to:
5 (1) seek employment;
6 (2) work;
7 (3) conduct a business or other self-employed
8 occupation including housekeeping;
9 (4) attend to family needs;
10 (5) attend an educational institution, including
11 vocational education;
12 (6) obtain medical or psychological treatment;
13 (7) perform work duties at a county, municipal, or
14 regional correctional or detention institution or
15 facility;
16 (8) continue to reside at home with or without
17 supervision involving the use of an approved electronic
18 monitoring device, subject to Article 8A of Chapter V; or
19 (9) for any other purpose determined by the court.
20 (c) Except where prohibited by other provisions of this
21 Code, the court may impose a sentence of periodic
22 imprisonment for a felony committed before the effective date
23 of this amendatory Act of 1998 or misdemeanor on a person who
24 is 17 years of age or older. The court shall not impose a
25 sentence of periodic imprisonment if it imposes a sentence of
26 imprisonment upon the defendant in excess of 90 days.
27 (d) A sentence of periodic imprisonment shall be for a
28 definite term of from 3 to 4 years for a Class 1 felony
29 committed before the effective date of this amendatory Act of
30 1998, 18 to 30 months for a Class 2 felony committed before
31 the effective date of this amendatory Act of 1998, and up to
32 18 months, or the longest sentence of imprisonment that could
33 be imposed for the offense, whichever is less, for all other
34 felonies committed before the effective date of this
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1 amendatory Act of 1998 or for misdemeanor offenses; however,
2 no person shall be sentenced to a term of periodic
3 imprisonment longer than one year if he is committed to a
4 county correctional institution or facility, and in
5 conjunction with that sentence participate in a county work
6 release program comparable to the work and day release
7 program provided for in Article 13 of the Unified Code of
8 Corrections in State facilities. The term of the sentence
9 shall be calculated upon the basis of the duration of its
10 term rather than upon the basis of the actual days spent in
11 confinement. No sentence of periodic imprisonment shall be
12 subject to the good time credit provisions of Section 3-6-3
13 of this Code.
14 (e) When the court imposes a sentence of periodic
15 imprisonment, it shall state:
16 (1) the term of such sentence;
17 (2) the days or parts of days which the defendant
18 is to be confined;
19 (3) the conditions.
20 (f) The court may issue an order of protection pursuant
21 to the Illinois Domestic Violence Act of 1986 as a condition
22 of a sentence of periodic imprisonment. The Illinois Domestic
23 Violence Act of 1986 shall govern the issuance, enforcement
24 and recording of orders of protection issued under this
25 Section. A copy of the order of protection shall be
26 transmitted to the person or agency having responsibility for
27 the case.
28 (g) An offender sentenced to periodic imprisonment who
29 undergoes mandatory drug or alcohol testing, or both, or is
30 assigned to be placed on an approved electronic monitoring
31 device, shall be ordered to pay the costs incidental to such
32 mandatory drug or alcohol testing, or both, and costs
33 incidental to such approved electronic monitoring in
34 accordance with the defendant's ability to pay those costs.
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1 The county board with the concurrence of the Chief Judge of
2 the judicial circuit in which the county is located shall
3 establish reasonable fees for the cost of maintenance,
4 testing, and incidental expenses related to the mandatory
5 drug or alcohol testing, or both, and all costs incidental to
6 approved electronic monitoring, of all offenders with a
7 sentence of periodic imprisonment. The concurrence of the
8 Chief Judge shall be in the form of an administrative order.
9 The fees shall be collected by the clerk of the circuit
10 court. The clerk of the circuit court shall pay all moneys
11 collected from these fees to the county treasurer who shall
12 use the moneys collected to defray the costs of drug
13 testing, alcohol testing, and electronic monitoring. The
14 county treasurer shall deposit the fees collected in the
15 county working cash fund under Section 6-27001 or Section
16 6-29002 of the Counties Code, as the case may be.
17 (h) All fees and costs imposed under this Section for
18 any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance,
20 and any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected
22 and disbursed by the circuit clerk as provided under Section
23 27.5 of the Clerks of Courts Act.
24 (i) A defendant at least 17 years of age who is
25 convicted of a misdemeanor or felony in a county of 3,000,000
26 or more inhabitants and who has not been previously convicted
27 of a misdemeanor or a felony and who is sentenced to a term
28 of periodic imprisonment may as a condition of his or her
29 sentence be required by the court to attend educational
30 courses designed to prepare the defendant for a high school
31 diploma and to work toward receiving a high school diploma or
32 to work toward passing the high school level Test of General
33 Educational Development (GED) or to work toward completing a
34 vocational training program approved by the court. The
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1 defendant sentenced to periodic imprisonment must attend a
2 public institution of education to obtain the educational or
3 vocational training required by this subsection (i). The
4 defendant sentenced to a term of periodic imprisonment shall
5 be required to pay for the cost of the educational courses or
6 GED test, if a fee is charged for those courses or test. The
7 court shall revoke the sentence of periodic imprisonment of
8 the defendant who wilfully fails to comply with this
9 subsection (i). The court shall resentence the defendant
10 whose sentence of periodic imprisonment has been revoked as
11 provided in Section 5-7-2. This subsection (i) does not
12 apply to a defendant who has a high school diploma or has
13 successfully passed the GED test. This subsection (i) does
14 not apply to a defendant who is determined by the court to be
15 developmentally disabled or otherwise mentally incapable of
16 completing the educational or vocational program.
17 (Source: P.A. 89-688, eff. 6-1-97; 90-399, eff. 1-1-98;
18 revised 10-30-97.)