Bill Text: IL HB5577 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Unified Code of Corrections. Requires as a condition of probation, conditional discharge, and supervision that the defendant provide the court with satisfactory proof of his or her level of education and requires the defendant, at his or her expense, to make a good faith effort to raise his or her level of education. Provides that failure to achieve the educational goal shall not be grounds for revocation of probation, conditional discharge, or supervision. Provides that, if the defendant has a child, a condition of his or her sentence shall be to attend a course on strengthening families and parenting. Provides that a credit of up to 180 days shall be given toward completion of probation and conditional discharge for achieving specified goals. Defines "good faith effort". Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5577 Detail]
Download: Illinois-2013-HB5577-Amended.html
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 5577
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5577, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
| ||||||
| 5 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 6 | changing Section 5-6-2 as follows:
| ||||||
| 7 | (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
| ||||||
| 8 | Sec. 5-6-2. Incidents of Probation and of Conditional | ||||||
| 9 | Discharge.
| ||||||
| 10 | (a) When an offender is sentenced to probation or | ||||||
| 11 | conditional discharge,
the court shall impose a period as | ||||||
| 12 | provided in Article 4.5 of Chapter V, and
shall specify the | ||||||
| 13 | conditions under Section 5-6-3.
| ||||||
| 14 | (b) Multiple terms of probation imposed at the same time | ||||||
| 15 | shall run
concurrently.
| ||||||
| 16 | (c) The court may at any time terminate probation or | ||||||
| |||||||
| |||||||
| 1 | conditional
discharge if warranted by the conduct of the | ||||||
| 2 | offender and the ends of
justice, as provided in Section 5-6-4.
| ||||||
| 3 | (c-1) For purposes of this subsection (c-1), a "violent | ||||||
| 4 | offense" means an offense in which bodily harm is inflicted or | ||||||
| 5 | force is used against any person or threatened against any | ||||||
| 6 | person; an offense involving sexual conduct, sexual | ||||||
| 7 | penetration, or sexual exploitation; an offense of domestic | ||||||
| 8 | violence, domestic battery, violation of an order of | ||||||
| 9 | protection, stalking, or hate crime; an offense involving | ||||||
| 10 | driving under the influence of drugs or alcohol; or an offense | ||||||
| 11 | involving the possession of a firearm or dangerous weapon. An | ||||||
| 12 | offender, other than an offender sentenced on a violent | ||||||
| 13 | offense, shall be entitled to a time credit toward the | ||||||
| 14 | completion of the offender's probation or conditional | ||||||
| 15 | discharge as follows: | ||||||
| 16 | (1) For obtaining a high school diploma or GED: 90 | ||||||
| 17 | days. | ||||||
| 18 | (2) For obtaining an associate's degree, career | ||||||
| 19 | certificate, or vocational technical certification: 120 | ||||||
| 20 | days. | ||||||
| 21 | (3) For obtaining a bachelor's degree: 180 days. | ||||||
| 22 | An offender's supervising officer shall promptly and as | ||||||
| 23 | soon as practicable notify the court of the offender's right to | ||||||
| 24 | time credits under this subsection (c-1). Upon receipt of this | ||||||
| 25 | notification, the court shall enter an order modifying the | ||||||
| 26 | offender's remaining period of probation or conditional | ||||||
| |||||||
| |||||||
| 1 | discharge to reflect the time credit earned. If, before the | ||||||
| 2 | expiration of the original period or a reduced period of | ||||||
| 3 | probation or conditional discharge, the court, after a hearing | ||||||
| 4 | under Section 5-6-4, finds that an offender violated one or | ||||||
| 5 | more conditions of probation or conditional discharge, the | ||||||
| 6 | court may order that some or all of the time credit to which | ||||||
| 7 | the offender is entitled under this Section be forfeited. | ||||||
| 8 | (d) Upon the expiration or termination of the period of | ||||||
| 9 | probation or
of conditional discharge, the court shall enter an | ||||||
| 10 | order discharging the
offender.
| ||||||
| 11 | (e) The court may extend any period of probation or | ||||||
| 12 | conditional
discharge beyond the limits set forth in Article | ||||||
| 13 | 4.5 of Chapter V
upon
a violation of a condition of the | ||||||
| 14 | probation or conditional discharge, for the
payment of an | ||||||
| 15 | assessment required by Section 10.3 of the
Cannabis Control | ||||||
| 16 | Act, Section 411.2 of the Illinois Controlled
Substances Act, | ||||||
| 17 | or Section 80 of the Methamphetamine Control and Community | ||||||
| 18 | Protection Act, or for the payment of restitution as
provided | ||||||
| 19 | by an order of restitution under Section 5-5-6 of this Code. | ||||||
| 20 | (f) The court may impose a term of probation that is | ||||||
| 21 | concurrent or consecutive to a term of imprisonment so long as | ||||||
| 22 | the maximum term imposed does not exceed the maximum term | ||||||
| 23 | provided under Article 4.5 of Chapter V or Article 8 of this | ||||||
| 24 | Chapter. The court may provide that probation may commence | ||||||
| 25 | while an offender is on mandatory supervised release, | ||||||
| 26 | participating in a day release program, or being monitored by | ||||||
| |||||||
| |||||||
| 1 | an electronic monitoring device.
| ||||||
| 2 | (Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)
| ||||||
| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law.".
| ||||||
