Public Act 095-0035
 		





HB0181 Enrolled
LRB095 04214 RLC 24255 b






    AN ACT concerning criminal law.

 
    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 Sections 5-6-4 and 5-7-2 as follows:
 



    (730 ILCS 5/5-6-4)  (from Ch. 38, par. 1005-6-4)



    Sec. 5-6-4. Violation, Modification or Revocation of 
Probation, of
Conditional Discharge or Supervision or of a 
sentence of county impact
incarceration - Hearing. 

    (a) Except in cases where
conditional discharge or 
supervision was imposed for a petty offense as
defined in 
Section 5-1-17, when a petition is filed charging a violation 
of
a condition, the court may:


        (1) in the case of probation violations, order the 
    issuance of a notice
to the offender to be present by the 
    County Probation Department or such
other agency 
    designated by the court to handle probation matters; and in

    the case of conditional discharge or supervision 
    violations, such notice
to the offender shall be issued by 
    the Circuit Court Clerk;
and in the case of a violation of 
    a sentence of county impact incarceration,
such notice 
    shall be issued by the Sheriff;


        (2) order a summons to the offender to be present for 
    hearing; or


        (3) order a warrant for the offender's arrest where 
    there is danger of
his fleeing the jurisdiction or causing 
    serious harm to others or when the
offender fails to answer 
    a summons or notice from the clerk of the court or
Sheriff.

    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 bail pending 
the hearing unless the
alleged violation is itself a criminal 
offense in which case the
offender shall be admitted to bail 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 Section 5-5-3 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 Section 5-5-3 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
Time 
served 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 8 of this Chapter.


(Source: P.A. 93-800, eff. 1-1-05; 93-1014, eff. 1-1-05; 
94-161, eff. 7-11-05.)

 



    (730 ILCS 5/5-7-2)  (from Ch. 38, par. 1005-7-2)



    Sec. 5-7-2. Modification and Revocation. (a) A sentence of 
periodic imprisonment may be modified or revoked
by the court 
if:

    (1) the offender commits another offense; or

    (2) the offender violates any of the conditions of the 
sentence; or

    (3) the offender violates any rule or regulation of the 
institution,
agency or Department to which he has been 
committed.

    (b) If the offender violates the order of periodic 
imprisonment, the
Department of Corrections, the sheriff, or 
the superintendent of the
house of corrections shall report 
such violation to the
court.

    (c) The court shall not modify or revoke a sentence of 
periodic
imprisonment unless the offender has been given 
written notice and
afforded a hearing under Section 5-6-4. If 
the offender is
incarcerated as a result of his alleged 
violation of the court's
prior order, such hearing shall be 
held within 14 days of the
onset of said incarceration.  Where a 
sentence of periodic
imprisonment is revoked, the court may 
impose any other sentence that
was available at the time of 
initial sentencing. That part of the term
under paragraph (d) 
of Section 5-7-1 which has been served under the
sentence of 
periodic imprisonment shall be credited against a sentence
of 
imprisonment.

(Source: P.A. 80-1099.)