730 ILCS 5/5-6-4.1
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (from Ch. 38, par. 1005-6-4.1)(Text of Section before amendment by P.A. 101-652)Sec. 5-6-4.1. Violation, Modification or Revocation of  Conditional Discharge or Supervision -  Hearing.)(a) In cases where a defendant was placed upon supervision or conditional  discharge for the commission of a petty offense, upon the oral or written  motion of the State, or on the court's own motion, which charges that a  violation of a condition of that conditional discharge or supervision has  occurred, the court may:(1) Conduct a hearing instanter if the offender is     present in court;(2) Order the issuance by the court clerk of a notice     to the offender to be present for a hearing for violation;(3) Order summons to the offender to be present; or(4) Order a warrant for the offender's arrest.The oral motion, if the defendant is present, or the issuance of such warrant,  summons or notice shall toll the period of conditional discharge or supervision  until the final determination of the charge, and the term of conditional  discharge or supervision shall not run until the hearing and disposition  of the petition for violation.(b) The Court shall admit the offender to bail pending the hearing.(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) Conditional discharge or supervision shall not be revoked for failure  to comply with the conditions of the discharge or supervision which imposed  financial obligations upon the offender unless such failure is due to his  wilful 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 or supervision with or without modifying  or  enlarging the conditions, or may impose any other sentence that was  available under Article 4.5 of Chapter V   of this Code or Section 11-501 of the Illinois  Vehicle Code at the time of initial sentencing.(f) The conditions of conditional discharge and of  supervision may be modified by the court on motion of the probation  officer or on its own motion or at the request of the offender after  notice to the defendant and a hearing.(g) A judgment revoking supervision is a final appealable order.(h) Resentencing after revocation of conditional  discharge or of supervision shall be under Article 4. Time served on  conditional discharge or supervision shall be credited by  the court against a sentence of imprisonment or periodic imprisonment  unless the court orders otherwise.    (Source: P.A. 95-1052, eff. 7-1-09.)(Text of Section after amendment by P.A. 101-652)Sec. 5-6-4.1. Violation, modification or revocation of  conditional discharge or supervision -  hearing.)(a) In cases where a defendant was placed upon supervision or conditional  discharge for the commission of a petty offense, upon the oral or written  motion of the State, or on the court's own motion, which charges that a  violation of a condition of that conditional discharge or supervision has  occurred, the court may:(1) conduct a hearing instanter if the offender is     present in court;(2) order the issuance by the court clerk of a notice     to the offender to be present for a hearing for violation;(3) order summons to the offender to be present; or(4) order a warrant for the offender's arrest.The oral motion, if the defendant is present, or the issuance of such warrant,  summons or notice shall toll the period of conditional discharge or supervision  until the final determination of the charge, and the term of conditional  discharge or supervision shall not run until the hearing and disposition  of the petition for violation.(b) The Court shall admit the offender to pretrial release pending the hearing.(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) Conditional discharge or supervision shall not be revoked for failure  to comply with the conditions of the discharge or supervision which imposed  financial obligations upon the offender unless such failure is due to his  wilful 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 or supervision with or without modifying  or  enlarging the conditions, or may impose any other sentence that was  available under Article 4.5 of Chapter V   of this Code or Section 11-501 of the Illinois  Vehicle Code at the time of initial sentencing.(f) The conditions of conditional discharge and of  supervision may be modified by the court on motion of the probation  officer or on its own motion or at the request of the offender after  notice to the defendant and a hearing.(g) A judgment revoking supervision is a final appealable order.(h) Resentencing after revocation of conditional  discharge or of supervision shall be under Article 4. Time served on  conditional discharge or supervision shall be credited by  the court against a sentence of imprisonment or periodic imprisonment  unless the court orders otherwise.    (Source: P.A. 101-652, eff. 1-1-23.)