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Public Act 098-1114
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| SB3267 Enrolled | LRB098 17826 MRW 52950 b |
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AN ACT concerning criminal law, which may be referred to as |
the Incentivized Education and Family Support for Community |
Corrections Amendments.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 5-6-2 as follows:
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(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
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Sec. 5-6-2. Incidents of Probation and of Conditional |
Discharge.
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(a) When an offender is sentenced to probation or |
conditional discharge,
the court shall impose a period as |
provided in Article 4.5 of Chapter V, and
shall specify the |
conditions under Section 5-6-3.
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(b) Multiple terms of probation imposed at the same time |
shall run
concurrently.
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(c) The court may at any time terminate probation or |
conditional
discharge if warranted by the conduct of the |
offender and the ends of
justice, as provided in Section 5-6-4.
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(c-1) For purposes of this subsection (c-1), a "violent |
offense" means an offense in which bodily harm is inflicted or |
force is used against any person or threatened against any |
person; an offense involving sexual conduct, sexual |
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penetration, or sexual exploitation; an offense involving |
domestic violence; an offense of domestic battery, violation of |
an order of protection, stalking, or hate crime; an offense of |
driving under the influence of drugs or alcohol; or an offense |
involving the possession of a firearm or dangerous weapon. An |
offender, other than an offender sentenced on a violent |
offense, shall be entitled to a time credit toward the |
completion of the offender's probation or conditional |
discharge as follows: |
(1) For obtaining a high school diploma or GED: 90 |
days. |
(2) For obtaining an associate's degree, career |
certificate, or vocational technical certification: 120 |
days. |
(3) For obtaining a bachelor's degree: 180 days. |
An offender's supervising officer shall promptly and as |
soon as practicable notify the court of the offender's right to |
time credits under this subsection (c-1). Upon receipt of this |
notification, the court shall enter an order modifying the |
offender's remaining period of probation or conditional |
discharge to reflect the time credit earned. If, before the |
expiration of the original period or a reduced period of |
probation or conditional discharge, the court, after a hearing |
under Section 5-6-4 of this Code, finds that an offender |
violated one or more conditions of probation or conditional |
discharge, the court may order that some or all of the time |
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credit to which the offender is entitled under this Section be |
forfeited. |
(d) Upon the expiration or termination of the period of |
probation or
of conditional discharge, the court shall enter an |
order discharging the
offender.
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(e) The court may extend any period of probation or |
conditional
discharge beyond the limits set forth in Article |
4.5 of Chapter V
upon
a violation of a condition of the |
probation or conditional discharge, for the
payment of an |
assessment required by Section 10.3 of the
Cannabis Control |
Act, Section 411.2 of the Illinois Controlled
Substances Act, |
or Section 80 of the Methamphetamine Control and Community |
Protection Act, or for the payment of restitution as
provided |
by an order of restitution under Section 5-5-6 of this Code. |
(f) The court may impose a term of probation that is |
concurrent or consecutive to a term of imprisonment so long as |
the maximum term imposed does not exceed the maximum term |
provided under Article 4.5 of Chapter V or Article 8 of this |
Chapter. The court may provide that probation may commence |
while an offender is on mandatory supervised release, |
participating in a day release program, or being monitored by |
an electronic monitoring device.
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(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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