730 ILCS 5/5-6-4
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (from Ch. 38, par. 1005-6-4)(Text of Section before amendment by P.A. 101-652)Sec. 5-6-4. Violation, Modification or Revocation of Probation, of  Conditional Discharge or Supervision or of a sentence of county impact  incarceration - Hearing.(a) Except in cases where  conditional discharge or supervision was imposed for a petty offense as  defined in Section 5-1-17, when a petition is filed charging a violation of  a condition, the court may:(1) in the case of probation violations, order the     issuance of a notice to the offender to be present by the County Probation Department or such other agency designated by the court to handle probation matters; and in the case of conditional discharge or supervision violations, such notice to the offender shall be issued by the Circuit Court Clerk; and in the case of a violation of a sentence of county impact incarceration, such notice shall be issued by the Sheriff;(2) order a summons to the offender to be present for     hearing; or(3) order a warrant for the offender's arrest where     there is danger of his 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.Personal service of the petition for violation of probation or  the issuance of such warrant, summons or notice shall toll the period of  probation, conditional discharge, supervision, or sentence of  county impact incarceration until  the final determination of the charge, and the term of probation,  conditional discharge, supervision, or sentence of county impact  incarceration shall not run until the hearing and  disposition of the petition for violation.(b) The court shall conduct a hearing of the alleged violation. The  court shall admit the offender to bail pending the hearing unless the  alleged violation is itself a criminal offense in which case the  offender shall be admitted to bail on such terms as are provided in the  Code of Criminal Procedure of 1963, as amended. In any case where an  offender remains incarcerated only as a result of his alleged violation of  the court's earlier order of probation, supervision, conditional  discharge, or county impact incarceration such hearing shall be held within  14 days of the onset of  said incarceration, unless the alleged violation is the commission of  another offense by the offender during the period of probation, supervision  or conditional discharge in which case such hearing shall be held within  the time limits described in Section 103-5 of the Code of Criminal  Procedure of 1963, as amended.(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) Probation, conditional discharge, periodic imprisonment and  supervision shall not be revoked for failure to comply with conditions  of a sentence or supervision, which imposes financial obligations upon the  offender unless such failure is due to his willful 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, 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.  If the court finds that the person has failed to successfully complete his or  her sentence to a county impact incarceration program, the court 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,  except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender.  If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.(f) The conditions of probation, of conditional discharge, of  supervision, or of a sentence of county impact incarceration may be  modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after  notice and a hearing.(g) A judgment revoking supervision, probation, conditional  discharge, or a sentence of county impact incarceration is a final  appealable order.(h) Resentencing after revocation of probation, conditional  discharge, supervision, or a sentence of county impact  incarceration shall be under Article 4. The term on  probation,  conditional discharge or supervision shall not be credited by  the court against a sentence of imprisonment or periodic imprisonment  unless the court orders otherwise. The amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term  or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.(i) Instead of filing a violation of probation, conditional discharge,  supervision, or a sentence of county impact incarceration, an agent or  employee of the  supervising agency with the concurrence of his or  her  supervisor may serve on the defendant a Notice of Intermediate Sanctions.  The  Notice shall contain the technical violation or violations involved, the date  or dates of the violation or violations, and the intermediate sanctions to be  imposed.  Upon receipt of the Notice, the defendant shall immediately accept or  reject the intermediate sanctions.  If the sanctions are accepted, they shall  be imposed immediately.  If the intermediate sanctions are rejected or the  defendant does not respond to the Notice, a violation of probation, conditional  discharge, supervision, or a sentence of county impact incarceration  shall be immediately filed with the court.  The  State's Attorney and the sentencing court shall be notified of the Notice of  Sanctions.  Upon successful completion of the intermediate sanctions, a court  may not revoke probation, conditional discharge, supervision, or a  sentence of county impact incarceration or impose  additional sanctions for the same violation.  A notice of intermediate sanctions may not be issued for any violation of  probation, conditional discharge, supervision, or a sentence of county  impact incarceration which could warrant an  additional, separate felony charge.  The intermediate sanctions shall include a term of home detention as provided  in Article 8A of Chapter V of this Code for multiple or repeat violations of  the terms and conditions of a sentence of probation, conditional discharge, or  supervision.(j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.(k)(1) On and after the effective date of this amendatory Act of the 101st General Assembly, this subsection (k) shall apply to arrest warrants in Cook County only. An arrest  warrant issued under paragraph (3) of subsection (a) when the underlying conviction is for the offense of theft, retail theft, or possession of a controlled substance shall  remain active for a period not to exceed 10 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. A motion to  extend the warrant shall be filed within one year before the warrant expiration date  and notice shall be provided to the  office of the sheriff.(2) If a motion to extend a warrant issued under paragraph (3)  of subsection (a) is not filed,  the warrant shall be quashed and recalled as a  matter of law under paragraph (1) of this subsection (k) and  the wanted person's period of probation, conditional  discharge, or supervision shall terminate unsatisfactorily as  a matter of law.(Source: P.A. 101-406, eff. 1-1-20.)(Text of Section after amendment by P.A. 101-652)Sec. 5-6-4. Violation, modification or revocation of probation, of  conditional discharge or supervision or of a sentence of county impact  incarceration - hearing.(a) Except in cases where  conditional discharge or supervision was imposed for a petty offense as  defined in Section 5-1-17, when a petition is filed charging a violation of  a condition, the court may:(1) in the case of probation violations, order the     issuance of a notice to the offender to be present by the County Probation Department or such other agency designated by the court to handle probation matters; and in the case of conditional discharge or supervision violations, such notice to the offender shall be issued by the Circuit Court Clerk; and in the case of a violation of a sentence of county impact incarceration, such notice shall be issued by the Sheriff;(2) order a summons to the offender to be present for     hearing; or(3) order a warrant for the offender's arrest where     there is danger of his 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.Personal service of the petition for violation of probation or  the issuance of such warrant, summons or notice shall toll the period of  probation, conditional discharge, supervision, or sentence of  county impact incarceration until  the final determination of the charge, and the term of probation,  conditional discharge, supervision, or sentence of county impact  incarceration shall not run until the hearing and  disposition of the petition for violation.(b) The court shall conduct a hearing of the alleged violation. The  court shall admit the offender to pretrial release pending the hearing unless the  alleged violation is itself a criminal offense in which case the  offender shall be admitted to pretrial release on such terms as are provided in the  Code of Criminal Procedure of 1963, as amended. In any case where an  offender remains incarcerated only as a result of his alleged violation of  the court's earlier order of probation, supervision, conditional  discharge, or county impact incarceration such hearing shall be held within  14 days of the onset of  said incarceration, unless the alleged violation is the commission of  another offense by the offender during the period of probation, supervision  or conditional discharge in which case such hearing shall be held within  the time limits described in Section 103-5 of the Code of Criminal  Procedure of 1963, as amended.(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) Probation, conditional discharge, periodic imprisonment and  supervision shall not be revoked for failure to comply with conditions  of a sentence or supervision, which imposes financial obligations upon the  offender unless such failure is due to his willful 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, 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.  If the court finds that the person has failed to successfully complete his or  her sentence to a county impact incarceration program, the court 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,  except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender.  If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.(f) The conditions of probation, of conditional discharge, of  supervision, or of a sentence of county impact incarceration may be  modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after  notice and a hearing.(g) A judgment revoking supervision, probation, conditional  discharge, or a sentence of county impact incarceration is a final  appealable order.(h) Resentencing after revocation of probation, conditional  discharge, supervision, or a sentence of county impact  incarceration shall be under Article 4. The term on  probation,  conditional discharge or supervision shall not be credited by  the court against a sentence of imprisonment or periodic imprisonment  unless the court orders otherwise. The amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term  or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.(i) Instead of filing a violation of probation, conditional discharge,  supervision, or a sentence of county impact incarceration, an agent or  employee of the  supervising agency with the concurrence of his or  her  supervisor may serve on the defendant a Notice of Intermediate Sanctions.  The  Notice shall contain the technical violation or violations involved, the date  or dates of the violation or violations, and the intermediate sanctions to be  imposed.  Upon receipt of the Notice, the defendant shall immediately accept or  reject the intermediate sanctions.  If the sanctions are accepted, they shall  be imposed immediately.  If the intermediate sanctions are rejected or the  defendant does not respond to the Notice, a violation of probation, conditional  discharge, supervision, or a sentence of county impact incarceration  shall be immediately filed with the court.  The  State's Attorney and the sentencing court shall be notified of the Notice of  Sanctions.  Upon successful completion of the intermediate sanctions, a court  may not revoke probation, conditional discharge, supervision, or a  sentence of county impact incarceration or impose  additional sanctions for the same violation.  A notice of intermediate sanctions may not be issued for any violation of  probation, conditional discharge, supervision, or a sentence of county  impact incarceration which could warrant an  additional, separate felony charge.  The intermediate sanctions shall include a term of home detention as provided  in Article 8A of Chapter V of this Code for multiple or repeat violations of  the terms and conditions of a sentence of probation, conditional discharge, or  supervision.(j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.(k)(1) On and after the effective date of this amendatory Act of the 101st General Assembly, this subsection (k) shall apply to arrest warrants in Cook County only. An arrest  warrant issued under paragraph (3) of subsection (a) when the underlying conviction is for the offense of theft, retail theft, or possession of a controlled substance shall  remain active for a period not to exceed 10 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. A motion to  extend the warrant shall be filed within one year before the warrant expiration date  and notice shall be provided to the  office of the sheriff.(2) If a motion to extend a warrant issued under paragraph (3)  of subsection (a) is not filed,  the warrant shall be quashed and recalled as a  matter of law under paragraph (1) of this subsection (k) and  the wanted person's period of probation, conditional  discharge, or supervision shall terminate unsatisfactorily as  a matter of law.(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)