Bill Text: IL HB3794 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Provides that an arrest warrant issued for an offender who violated a condition of his or her probation, conditional discharge, or supervision where there is danger of his or her 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 shall remain active for a period not to exceed 5 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. Provides that a motion to extend the warrant shall be filed within one year of the date the warrant is issued and notice shall be provided to the office of the sheriff. Provides that if a person is serving a sentence of probation, conditional discharge, or supervision for a firearm offense or forcible felony, the warrant shall remain active for a period of 10 years from the date the warrant was issued at which time the wanted person's period of probation, conditional discharge, or supervision shall terminate unsatisfactorily as a matter of law.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2017-04-25 - Placed on Calendar Order of 3rd Reading - Short Debate [HB3794 Detail]

Download: Illinois-2017-HB3794-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3794

Introduced , by Rep. Arthur Turner

SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-6-4 from Ch. 38, par. 1005-6-4

Amends the Unified Code of Corrections. Provides that an arrest warrant issued for an offender who violated a condition of his or her probation, conditional discharge, or supervision where there is danger of his or her 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 shall remain active for a period not to exceed 5 years from the date the warrant was issued unless a motion to extend the warrant is filed by the office of the State's Attorney or by, or on behalf of, the agency supervising the wanted person. Provides that a motion to extend the warrant shall be filed within one year of the date the warrant is issued and notice shall be provided to the office of the sheriff. Provides that if a person is serving a sentence of probation, conditional discharge, or supervision for a firearm offense or forcible felony, the warrant shall remain active for a period of 10 years from the date the warrant was issued at which time the wanted person's period of probation, conditional discharge, or supervision shall terminate unsatisfactorily as a matter of law.
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A BILL FOR

HB3794LRB100 10402 RLC 20599 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-4 as follows:
6 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
7 Sec. 5-6-4. Violation, Modification or Revocation of
8Probation, of Conditional Discharge or Supervision or of a
9sentence of county impact incarceration - Hearing.
10 (a) Except in cases where conditional discharge or
11supervision was imposed for a petty offense as defined in
12Section 5-1-17, when a petition is filed charging a violation
13of a condition, the court may:
14 (1) in the case of probation violations, order the
15 issuance of a notice to the offender to be present by the
16 County Probation Department or such other agency
17 designated by the court to handle probation matters; and in
18 the case of conditional discharge or supervision
19 violations, such notice to the offender shall be issued by
20 the Circuit Court Clerk; and in the case of a violation of
21 a sentence of county impact incarceration, such notice
22 shall be issued by the Sheriff;
23 (2) order a summons to the offender to be present for

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1 hearing; or
2 (3) order a warrant for the offender's arrest where
3 there is danger of his fleeing the jurisdiction or causing
4 serious harm to others or when the offender fails to answer
5 a summons or notice from the clerk of the court or Sheriff.
6 Personal service of the petition for violation of probation
7or the issuance of such warrant, summons or notice shall toll
8the period of probation, conditional discharge, supervision,
9or sentence of county impact incarceration until the final
10determination of the charge, and the term of probation,
11conditional discharge, supervision, or sentence of county
12impact incarceration shall not run until the hearing and
13disposition of the petition for violation.
14 (b) The court shall conduct a hearing of the alleged
15violation. The court shall admit the offender to bail pending
16the hearing unless the alleged violation is itself a criminal
17offense in which case the offender shall be admitted to bail on
18such terms as are provided in the Code of Criminal Procedure of
191963, as amended. In any case where an offender remains
20incarcerated only as a result of his alleged violation of the
21court's earlier order of probation, supervision, conditional
22discharge, or county impact incarceration such hearing shall be
23held within 14 days of the onset of said incarceration, unless
24the alleged violation is the commission of another offense by
25the offender during the period of probation, supervision or
26conditional discharge in which case such hearing shall be held

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1within the time limits described in Section 103-5 of the Code
2of Criminal Procedure of 1963, as amended.
3 (c) The State has the burden of going forward with the
4evidence and proving the violation by the preponderance of the
5evidence. The evidence shall be presented in open court with
6the right of confrontation, cross-examination, and
7representation by counsel.
8 (d) Probation, conditional discharge, periodic
9imprisonment and supervision shall not be revoked for failure
10to comply with conditions of a sentence or supervision, which
11imposes financial obligations upon the offender unless such
12failure is due to his willful refusal to pay.
13 (e) If the court finds that the offender has violated a
14condition at any time prior to the expiration or termination of
15the period, it may continue him on the existing sentence, with
16or without modifying or enlarging the conditions, or may impose
17any other sentence that was available under Article 4.5 of
18Chapter V of this Code or Section 11-501 of the Illinois
19Vehicle Code at the time of initial sentencing. If the court
20finds that the person has failed to successfully complete his
21or her sentence to a county impact incarceration program, the
22court may impose any other sentence that was available under
23Article 4.5 of Chapter V of this Code or Section 11-501 of the
24Illinois Vehicle Code at the time of initial sentencing, except
25for a sentence of probation or conditional discharge. If the
26court finds that the offender has violated paragraph (8.6) of

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1subsection (a) of Section 5-6-3, the court shall revoke the
2probation of the offender. If the court finds that the offender
3has violated subsection (o) of Section 5-6-3.1, the court shall
4revoke the supervision of the offender.
5 (f) The conditions of probation, of conditional discharge,
6of supervision, or of a sentence of county impact incarceration
7may be modified by the court on motion of the supervising
8agency or on its own motion or at the request of the offender
9after notice and a hearing.
10 (g) A judgment revoking supervision, probation,
11conditional discharge, or a sentence of county impact
12incarceration is a final appealable order.
13 (h) Resentencing after revocation of probation,
14conditional discharge, supervision, or a sentence of county
15impact incarceration shall be under Article 4. The term on
16probation, conditional discharge or supervision shall not be
17credited by the court against a sentence of imprisonment or
18periodic imprisonment unless the court orders otherwise. The
19amount of credit to be applied against a sentence of
20imprisonment or periodic imprisonment when the defendant
21served a term or partial term of periodic imprisonment shall be
22calculated upon the basis of the actual days spent in
23confinement rather than the duration of the term.
24 (i) Instead of filing a violation of probation, conditional
25discharge, supervision, or a sentence of county impact
26incarceration, an agent or employee of the supervising agency

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1with the concurrence of his or her supervisor may serve on the
2defendant a Notice of Intermediate Sanctions. The Notice shall
3contain the technical violation or violations involved, the
4date or dates of the violation or violations, and the
5intermediate sanctions to be imposed. Upon receipt of the
6Notice, the defendant shall immediately accept or reject the
7intermediate sanctions. If the sanctions are accepted, they
8shall be imposed immediately. If the intermediate sanctions are
9rejected or the defendant does not respond to the Notice, a
10violation of probation, conditional discharge, supervision, or
11a sentence of county impact incarceration shall be immediately
12filed with the court. The State's Attorney and the sentencing
13court shall be notified of the Notice of Sanctions. Upon
14successful completion of the intermediate sanctions, a court
15may not revoke probation, conditional discharge, supervision,
16or a sentence of county impact incarceration or impose
17additional sanctions for the same violation. A notice of
18intermediate sanctions may not be issued for any violation of
19probation, conditional discharge, supervision, or a sentence
20of county impact incarceration which could warrant an
21additional, separate felony charge. The intermediate sanctions
22shall include a term of home detention as provided in Article
238A of Chapter V of this Code for multiple or repeat violations
24of the terms and conditions of a sentence of probation,
25conditional discharge, or supervision.
26 (j) When an offender is re-sentenced after revocation of

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1probation that was imposed in combination with a sentence of
2imprisonment for the same offense, the aggregate of the
3sentences may not exceed the maximum term authorized under
4Article 4.5 of Chapter V.
5 (k)(1) Except as provided in subsection (c) of this
6Section, an arrest warrant issued under paragraph (3) of
7subsection (a) of this Section shall remain active for a period
8not to exceed 5 years from the date the warrant was issued
9unless a motion to extend the warrant is filed by the office of
10the State's Attorney or by, or on behalf of, the agency
11supervising the wanted person. A motion to extend the warrant
12shall be filed within one year of the date the warrant is
13issued and notice shall be provided to the office of the
14sheriff.
15 (2) Except as provided in paragraph (3) of this subsection
16(k), if a motion to extend a warrant issued under paragraph (3)
17of subsection (a) of this Section is not filed within one year
18of the date the warrant issued, the warrant shall be quashed
19and recalled as a matter of law under paragraph (1) of this
20subsection (k) and the wanted person's period of probation,
21conditional discharge, or supervision shall terminate
22unsatisfactorily as a matter of law.
23 (3) If a person is serving a sentence of probation,
24conditional discharge, or supervision for a firearm offense or
25forcible felony, the warrant shall remain active for a period
26of 10 years from the date the warrant was issued at which time

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1the wanted person's period of probation, conditional
2discharge, or supervision shall terminate unsatisfactorily as
3a matter of law.
4(Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09;
596-1200, eff. 7-22-10.)
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