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Public Act 91-0114
HB1813 Enrolled LRB9105512RCks
AN ACT to amend the Unified Code of Corrections by
changing Section 5-6-1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General
Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the
conditions of probation by responding to violations with
swift, certain and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations
of the terms and conditions of a sentence of probation,
conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would
deprecate the seriousness of the offender's conduct and
would be inconsistent with the ends of justice.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-6-4 of
this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the
charge or a finding of guilt, defer further proceedings and
the imposition of a sentence, and enter an order for
supervision of the defendant, if the defendant is not charged
with a Class A misdemeanor, as defined by the following
provisions of the Criminal Code of 1961: Sections 12-3.2;
12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; and Section 1 of the Boarding
Aircraft With Weapon Act; or a felony. If the defendant is
not barred from receiving an order for supervision as
provided in this subsection, the court may enter an order for
supervision after considering the circumstances of the
offense, and the history, character and condition of the
offender, if the court is of the opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best
served if the defendant were not to receive a criminal
record; and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a
local ordinance or any similar law or ordinance of
another state; or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance or any similar law or
ordinance of another state; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance or any similar law
or ordinance of another state, and the plea or
stipulation was the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the
Criminal Code of 1961 if said defendant has within the last 5
years been:
(1) convicted for a violation of Section 16A-3 of
the Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of
this Section, the provisions of paragraph (c) shall not apply
to a defendant charged with violating Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has within
the last 5 years been:
(1) convicted for a violation of Section 3-707,
3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of
the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the
fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the
Conference of Chief Circuit Judges. The accused shall be
responsible for payment of any traffic safety program
fees. If the accused fails to file a certificate of
successful completion on or before the termination date
of the supervision order, the supervision shall be
summarily revoked and conviction entered. The provisions
of Supreme Court Rule 402 relating to pleas of guilty do
not apply in cases when a defendant enters a guilty plea
under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance if the defendant has been assigned supervision for
a violation of Section 3-707 of the Illinois Vehicle Code or
a similar provision of a local ordinance.
(j) (i) The provisions of paragraph (c) shall not apply
to a defendant charged with violating Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the revocation or suspension was for a
violation of Section 11-501 or a similar provision of a local
ordinance, a violation of Section 11-501.1 or paragraph (b)
of Section 11-401 of the Illinois Vehicle Code, or a
violation of Section 9-3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6-303 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision
of a local ordinance.
(Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
1-1-98; 90-738, eff. 1-1-99; 90-784, eff. 1-1-99; revised
9-21-98.)
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