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90_SB1471eng
730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
Amends the Unified Code of Corrections. Prohibits a
court from entering an order for supervision of a defendant
charged with violating the provisions of the Vehicle Code
prohibiting the operation of an uninsured motor vehicle or a
similar provision of a local ordinance if the defendant has
previously been assigned supervision for violating the same
provisions. Requires the defendant to file proof of
insurance with the Secretary of State as a condition of
supervision for the violation.
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1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 5-6-1 and 5-6-3.1.
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 5-6-1 and 5-6-3.1 as follows:
7 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
8 Sec. 5-6-1. Sentences of Probation and of Conditional
9 Discharge and Disposition of Supervision. The General
10 Assembly finds that in order to protect the public, the
11 criminal justice system must compel compliance with the
12 conditions of probation by responding to violations with
13 swift, certain and fair punishments and intermediate
14 sanctions. The Chief Judge of each circuit shall adopt a
15 system of structured, intermediate sanctions for violations
16 of the terms and conditions of a sentence of probation,
17 conditional discharge or disposition of supervision.
18 (a) Except where specifically prohibited by other
19 provisions of this Code, the court shall impose a sentence of
20 probation or conditional discharge upon an offender unless,
21 having regard to the nature and circumstance of the offense,
22 and to the history, character and condition of the offender,
23 the court is of the opinion that:
24 (1) his imprisonment or periodic imprisonment is
25 necessary for the protection of the public; or
26 (2) probation or conditional discharge would
27 deprecate the seriousness of the offender's conduct and
28 would be inconsistent with the ends of justice.
29 The court shall impose as a condition of a sentence of
30 probation, conditional discharge, or supervision, that the
31 probation agency may invoke any sanction from the list of
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1 intermediate sanctions adopted by the chief judge of the
2 circuit court for violations of the terms and conditions of
3 the sentence of probation, conditional discharge, or
4 supervision, subject to the provisions of Section 5-6-4 of
5 this Act.
6 (b) The court may impose a sentence of conditional
7 discharge for an offense if the court is of the opinion that
8 neither a sentence of imprisonment nor of periodic
9 imprisonment nor of probation supervision is appropriate.
10 (c) The court may, upon a plea of guilty or a
11 stipulation by the defendant of the facts supporting the
12 charge or a finding of guilt, defer further proceedings and
13 the imposition of a sentence, and enter an order for
14 supervision of the defendant, if the defendant is not charged
15 with a Class A misdemeanor, as defined by the following
16 provisions of the Criminal Code of 1961: Sections 12-3.2;
17 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
18 21-1; paragraph (1) through (5), (8), (10), and (11) of
19 subsection (a) of Section 24-1; and Section 1 of the Boarding
20 Aircraft With Weapon Act; or a felony. If the defendant is
21 not barred from receiving an order for supervision as
22 provided in this subsection, the court may enter an order for
23 supervision after considering the circumstances of the
24 offense, and the history, character and condition of the
25 offender, if the court is of the opinion that:
26 (1) the offender is not likely to commit further
27 crimes;
28 (2) the defendant and the public would be best
29 served if the defendant were not to receive a criminal
30 record; and
31 (3) in the best interests of justice an order of
32 supervision is more appropriate than a sentence otherwise
33 permitted under this Code.
34 (d) The provisions of paragraph (c) shall not apply to a
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1 defendant charged with violating Section 11-501 of the
2 Illinois Vehicle Code or a similar provision of a local
3 ordinance when the defendant has previously been:
4 (1) convicted for a violation of Section 11-501 of
5 the Illinois Vehicle Code or a similar provision of a
6 local ordinance; or
7 (2) assigned supervision for a violation of Section
8 11-501 of the Illinois Vehicle Code or a similar
9 provision of a local ordinance; or
10 (3) pleaded guilty to or stipulated to the facts
11 supporting a charge or a finding of guilty to a violation
12 of Section 11-503 of the Illinois Vehicle Code or a
13 similar provision of a local ordinance, and the plea or
14 stipulation was the result of a plea agreement.
15 The court shall consider the statement of the prosecuting
16 authority with regard to the standards set forth in this
17 Section.
18 (e) The provisions of paragraph (c) shall not apply to a
19 defendant charged with violating Section 16A-3 of the
20 Criminal Code of 1961 if said defendant has within the last 5
21 years been:
22 (1) convicted for a violation of Section 16A-3 of
23 the Criminal Code of 1961; or
24 (2) assigned supervision for a violation of Section
25 16A-3 of the Criminal Code of 1961.
26 The court shall consider the statement of the prosecuting
27 authority with regard to the standards set forth in this
28 Section.
29 (f) The provisions of paragraph (c) shall not apply to a
30 defendant charged with violating Sections 15-111, 15-112,
31 15-301, paragraph (b) of Section 6-104, Section 11-605, or
32 Section 11-1414 of the Illinois Vehicle Code or a similar
33 provision of a local ordinance.
34 (g) Except as otherwise provided in paragraph (i) of
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1 this Section, the provisions of paragraph (c) shall not apply
2 to a defendant charged with violating Section 3-707, 3-708,
3 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
4 provision of a local ordinance if the defendant has within
5 the last 5 years been:
6 (1) convicted for a violation of Section 3-707,
7 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
8 a similar provision of a local ordinance; or
9 (2) assigned supervision for a violation of Section
10 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
11 Code or a similar provision of a local ordinance.
12 The court shall consider the statement of the prosecuting
13 authority with regard to the standards set forth in this
14 Section.
15 (h) The provisions of paragraph (c) shall not apply to a
16 defendant under the age of 21 years charged with violating a
17 serious traffic offense as defined in Section 1-187.001 of
18 the Illinois Vehicle Code:
19 (1) unless the defendant, upon payment of the
20 fines, penalties, and costs provided by law, agrees to
21 attend and successfully complete a traffic safety program
22 approved by the court under standards set by the
23 Conference of Chief Circuit Judges. The accused shall be
24 responsible for payment of any traffic safety program
25 fees. If the accused fails to file a certificate of
26 successful completion on or before the termination date
27 of the supervision order, the supervision shall be
28 summarily revoked and conviction entered. The provisions
29 of Supreme Court Rule 402 relating to pleas of guilty do
30 not apply in cases when a defendant enters a guilty plea
31 under this provision; or
32 (2) if the defendant has previously been sentenced
33 under the provisions of paragraph (c) on or after January
34 1, 1998 for any serious traffic offense as defined in
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1 Section 1-187.001 of the Illinois Vehicle Code.
2 (i) The provisions of paragraph (c) shall not apply to a
3 defendant charged with violating Section 3-707 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance if the defendant has been assigned supervision for
6 a violation of Section 3-707 of the Illinois Vehicle Code or
7 a similar provision of a local ordinance.
8 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
9 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
10 1-1-98.)
11 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
12 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
13 (a) When a defendant is placed on supervision, the court
14 shall enter an order for supervision specifying the period of
15 such supervision, and shall defer further proceedings in the
16 case until the conclusion of the period.
17 (b) The period of supervision shall be reasonable under
18 all of the circumstances of the case, but may not be longer
19 than 2 years, unless the defendant has failed to pay the
20 assessment required by Section 10.3 of the Cannabis Control
21 Act or Section 411.2 of the Illinois Controlled Substances
22 Act, in which case the court may extend supervision beyond 2
23 years. Additionally, the court shall order the defendant to
24 perform no less than 30 hours of community service and not
25 more than 120 hours of community service, if community
26 service is available in the jurisdiction and is funded and
27 approved by the county board where the offense was committed,
28 when the offense (1) was related to or in furtherance of the
29 criminal activities of an organized gang or was motivated by
30 the defendant's membership in or allegiance to an organized
31 gang; or (2) is a violation of any Section of Article 24 of
32 the Criminal Code of 1961 where a disposition of supervision
33 is not prohibited by Section 5-6-1 of this Code. The
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1 community service shall include, but not be limited to, the
2 cleanup and repair of any damage caused by violation of
3 Section 21-1.3 of the Criminal Code of 1961 and similar
4 damages to property located within the municipality or county
5 in which the violation occurred. Where possible and
6 reasonable, the community service should be performed in the
7 offender's neighborhood.
8 For the purposes of this Section, "organized gang" has
9 the meaning ascribed to it in Section 10 of the Illinois
10 Streetgang Terrorism Omnibus Prevention Act.
11 (c) The court may in addition to other reasonable
12 conditions relating to the nature of the offense or the
13 rehabilitation of the defendant as determined for each
14 defendant in the proper discretion of the court require that
15 the person:
16 (1) make a report to and appear in person before or
17 participate with the court or such courts, person, or
18 social service agency as directed by the court in the
19 order of supervision;
20 (2) pay a fine and costs;
21 (3) work or pursue a course of study or vocational
22 training;
23 (4) undergo medical, psychological or psychiatric
24 treatment; or treatment for drug addiction or alcoholism;
25 (5) attend or reside in a facility established for
26 the instruction or residence of defendants on probation;
27 (6) support his dependents;
28 (7) refrain from possessing a firearm or other
29 dangerous weapon;
30 (8) and in addition, if a minor:
31 (i) reside with his parents or in a foster
32 home;
33 (ii) attend school;
34 (iii) attend a non-residential program for
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1 youth;
2 (iv) contribute to his own support at home or
3 in a foster home; and
4 (9) make restitution or reparation in an amount not
5 to exceed actual loss or damage to property and pecuniary
6 loss or make restitution under Section 5-5-6 to a
7 domestic violence shelter. The court shall determine the
8 amount and conditions of payment;
9 (10) perform some reasonable public or community
10 service;
11 (11) comply with the terms and conditions of an
12 order of protection issued by the court pursuant to the
13 Illinois Domestic Violence Act of 1986. If the court has
14 ordered the defendant to make a report and appear in
15 person under paragraph (1) of this subsection, a copy of
16 the order of protection shall be transmitted to the
17 person or agency so designated by the court;
18 (12) reimburse any "local anti-crime program" as
19 defined in Section 7 of the Anti-Crime Advisory Council
20 Act for any reasonable expenses incurred by the program
21 on the offender's case, not to exceed the maximum amount
22 of the fine authorized for the offense for which the
23 defendant was sentenced;
24 (13) contribute a reasonable sum of money, not to
25 exceed the maximum amount of the fine authorized for the
26 offense for which the defendant was sentenced, to a
27 "local anti-crime program", as defined in Section 7 of
28 the Anti-Crime Advisory Council Act;
29 (14) refrain from entering into a designated
30 geographic area except upon such terms as the court finds
31 appropriate. Such terms may include consideration of the
32 purpose of the entry, the time of day, other persons
33 accompanying the defendant, and advance approval by a
34 probation officer;
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1 (15) refrain from having any contact, directly or
2 indirectly, with certain specified persons or particular
3 types of person, including but not limited to members of
4 street gangs and drug users or dealers;
5 (16) refrain from having in his or her body the
6 presence of any illicit drug prohibited by the Cannabis
7 Control Act or the Illinois Controlled Substances Act,
8 unless prescribed by a physician, and submit samples of
9 his or her blood or urine or both for tests to determine
10 the presence of any illicit drug.
11 (d) The court shall defer entering any judgment on the
12 charges until the conclusion of the supervision.
13 (e) At the conclusion of the period of supervision, if
14 the court determines that the defendant has successfully
15 complied with all of the conditions of supervision, the court
16 shall discharge the defendant and enter a judgment dismissing
17 the charges.
18 (f) Discharge and dismissal upon a successful conclusion
19 of a disposition of supervision shall be deemed without
20 adjudication of guilt and shall not be termed a conviction
21 for purposes of disqualification or disabilities imposed by
22 law upon conviction of a crime. Two years after the
23 discharge and dismissal under this Section, unless the
24 disposition of supervision was for a violation of Sections
25 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
26 Vehicle Code or a similar provision of a local ordinance, or
27 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
28 Code of 1961, in which case it shall be 5 years after
29 discharge and dismissal, a person may have his record of
30 arrest sealed or expunged as may be provided by law.
31 However, any defendant placed on supervision before January
32 1, 1980, may move for sealing or expungement of his arrest
33 record, as provided by law, at any time after discharge and
34 dismissal under this Section. A person placed on supervision
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1 for a sexual offense committed against a minor as defined in
2 subsection (g) of Section 5 of the Criminal Identification
3 Act or for a violation of Section 11-501 of the Illinois
4 Vehicle Code or a similar provision of a local ordinance
5 shall not have his or her record of arrest sealed or
6 expunged.
7 (g) A defendant placed on supervision and who during the
8 period of supervision undergoes mandatory drug or alcohol
9 testing, or both, or is assigned to be placed on an approved
10 electronic monitoring device, shall be ordered to pay the
11 costs incidental to such mandatory drug or alcohol testing,
12 or both, and costs incidental to such approved electronic
13 monitoring in accordance with the defendant's ability to pay
14 those costs. The county board with the concurrence of the
15 Chief Judge of the judicial circuit in which the county is
16 located shall establish reasonable fees for the cost of
17 maintenance, testing, and incidental expenses related to the
18 mandatory drug or alcohol testing, or both, and all costs
19 incidental to approved electronic monitoring, of all
20 defendants placed on supervision. The concurrence of the
21 Chief Judge shall be in the form of an administrative order.
22 The fees shall be collected by the clerk of the circuit
23 court. The clerk of the circuit court shall pay all moneys
24 collected from these fees to the county treasurer who shall
25 use the moneys collected to defray the costs of drug testing,
26 alcohol testing, and electronic monitoring. The county
27 treasurer shall deposit the fees collected in the county
28 working cash fund under Section 6-27001 or Section 6-29002 of
29 the Counties Code, as the case may be.
30 (h) A disposition of supervision is a final order for
31 the purposes of appeal.
32 (i) The court shall impose upon a defendant placed on
33 supervision after January 1, 1992, as a condition of
34 supervision, a fee of $25 for each month of supervision
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1 ordered by the court, unless after determining the inability
2 of the person placed on supervision to pay the fee, the court
3 assesses a lesser fee. The court may not impose the fee on a
4 minor who is made a ward of the State under the Juvenile
5 Court Act of 1987 while the minor is in placement. The fee
6 shall be imposed only upon a defendant who is actively
7 supervised by the probation and court services department.
8 The fee shall be collected by the clerk of the circuit court.
9 The clerk of the circuit court shall pay all monies collected
10 from this fee to the county treasurer for deposit in the
11 probation and court services fund pursuant to Section 15.1 of
12 the Probation and Probation Officers Act.
13 (j) All fines and costs imposed under this Section for
14 any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (k) A defendant at least 17 years of age who is placed
21 on supervision for a misdemeanor in a county of 3,000,000 or
22 more inhabitants and who has not been previously convicted of
23 a misdemeanor or felony may as a condition of his or her
24 supervision be required by the court to attend educational
25 courses designed to prepare the defendant for a high school
26 diploma and to work toward a high school diploma or to work
27 toward passing the high school level Test of General
28 Educational Development (GED) or to work toward completing a
29 vocational training program approved by the court. The
30 defendant placed on supervision must attend a public
31 institution of education to obtain the educational or
32 vocational training required by this subsection (k). The
33 defendant placed on supervision shall be required to pay for
34 the cost of the educational courses or GED test, if a fee is
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1 charged for those courses or test. The court shall revoke
2 the supervision of a person who wilfully fails to comply with
3 this subsection (k). The court shall resentence the
4 defendant upon revocation of supervision as provided in
5 Section 5-6-4. This subsection (k) does not apply to a
6 defendant who has a high school diploma or has successfully
7 passed the GED test. This subsection (k) does not apply to a
8 defendant who is determined by the court to be
9 developmentally disabled or otherwise mentally incapable of
10 completing the educational or vocational program.
11 (l) (k) The court shall require a defendant placed on
12 supervision for possession of a substance prohibited by the
13 Cannabis Control Act or Illinois Controlled Substances Act
14 after a previous conviction or disposition of supervision for
15 possession of a substance prohibited by the Cannabis Control
16 Act or Illinois Controlled Substances Act or a sentence of
17 probation under Section 10 of the Cannabis Control Act or
18 Section 410 of the Illinois Controlled Substances Act and
19 after a finding by the court that the person is addicted, to
20 undergo treatment at a substance abuse program approved by
21 the court.
22 (m) The court shall require a defendant placed on
23 supervision for a violation of Section 3-707 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance, as
25 a condition of supervision, to file proof of insurance by
26 filing with the Secretary of State the written certificate of
27 any insurance carrier duly authorized to do business in this
28 State, certifying that it has issued to or for the benefit of
29 the person furnishing such proof and named as the insured in
30 a motor vehicle liability policy, a motor vehicle liability
31 policy or policies or in certain events an operator's policy
32 meeting the requirements of the Illinois Vehicle Code and
33 that the policy or policies are then in full force and
34 effect.
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1 The certificate or certificates shall give the dates of
2 issuance and expiration of the policy or policies and certify
3 that the same shall not be canceled unless 10 days' prior
4 written notice thereof be given to the Secretary of State and
5 shall explicitly describe all motor vehicles covered thereby
6 unless the policy or policies are issued to a person who is
7 not the owner of a motor vehicle.
8 The Secretary of State shall not accept any certificate
9 or certificates unless the same shall cover all motor
10 vehicles then registered in this State in the name of the
11 person furnishing such proof as owner and an additional
12 certificate or certificates shall be required as a condition
13 precedent to the subsequent registration of any motor vehicle
14 or motor vehicles in the name of the person giving such proof
15 as owner.
16 As used in this subsection (m), "motor vehicle liability
17 policy" has the meaning ascribed to it in Section 7-317 of
18 the Illinois Vehicle Code.
19 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
20 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
21 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
22 1-1-98; revised 10-30-97.)