730 ILCS 5/5-6-1
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (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; or(3) a combination of imprisonment with concurrent or     consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.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.(b-1) Subsections (a) and (b) of this Section do not apply to a defendant charged with a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the defendant within the past 12 months has been convicted of or pleaded guilty to a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012.(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: (i) a Class A misdemeanor, as  defined by the following provisions of the Criminal Code of 1961 or the Criminal Code of 2012: Sections  11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 31-7; paragraphs (2) and (3) of subsection (a) of Section  21-1;  paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section  24-1; (ii) a Class A misdemeanor violation of Section  3.01,  3.03-1, or 4.01 of the Humane Care  for Animals Act; or (iii)  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.(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.(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 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if said  defendant has within the last 5 years been:(1) convicted for a violation of Section 16-25 or     16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012; or(2) assigned supervision for a violation of Section     16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012.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: (1) violating Sections 15-111, 15-112, 15-301, paragraph (b)  of Section 6-104, Section 11-605, paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or Section 11-1414  of the Illinois Vehicle Code or a similar provision of a local ordinance; or (2) committing a Class A misdemeanor under subsection (c) of Section 11-907 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.(h-1) The provisions of paragraph (c) shall not apply to a defendant under the age of 21 years charged with an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, 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.(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) 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 or a violation of  Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle  Code 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.(k) The provisions of paragraph (c) shall not apply to a  defendant charged with violating  any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within  the 12  months preceding the date of the defendant's arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance.  The provisions of this paragraph (k) do not apply to  a defendant charged with violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance.(l) (Blank).(m) (Blank).(n)   The provisions of paragraph (c) shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant's parent or legal guardian, executed before the presiding judge.  The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.(o)    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 suspension was for a violation of Section 11-501.1 of the Illinois Vehicle Code and when:(1) at the time of the violation of Section 11-501.1     of the Illinois Vehicle Code, the defendant was a first offender pursuant to Section 11-500 of the Illinois Vehicle Code and the defendant failed to obtain a monitoring device driving permit; or(2) at the time of the violation of Section 11-501.1     of the Illinois Vehicle Code, the defendant was a first offender pursuant to Section 11-500 of the Illinois Vehicle Code, had subsequently obtained a monitoring device driving permit, but was driving a vehicle not equipped with a breath alcohol ignition interlock device as defined in Section 1-129.1 of the Illinois Vehicle Code.(p)    The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-601.5 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 11-601.5 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     11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state.(q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 or Section 11-601.5 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed that is 26 miles per hour or more in excess of the applicable maximum speed limit established under  Chapter 11 of the Illinois Vehicle Code.(r) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance if the violation was the proximate cause of the death of another and the defendant's driving abstract contains  a prior conviction or disposition of court supervision for any violation of the Illinois Vehicle Code, other than an equipment violation, or a suspension, revocation, or cancellation of the driver's license.(s)  The provisions of paragraph (c) shall not apply to a defendant charged  with violating subsection (i) of Section 70 of the Firearm Concealed Carry Act. (Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)