730 ILCS 5/5-6-1 – Conditions of Probation and Conditional Discharge

730 ILCS 5/5-6-1 – Conditions of Probation and Conditional Discharge

This law explains when a person can get probation or conditional discharge instead of going to jail, and what rules apply.

This Illinois law describes how courts can use probation, conditional discharge, or supervision as alternatives to jail, depending on the seriousness of the crime and the person’s background. It also lists when these options are not allowed, especially for certain driving or repeat offenses.

(a) A judge must usually give probation or conditional discharge instead of jail unless:

1. The crime or the person’s background shows that jail time is needed to protect the public,
2. Probation would make the crime seem less serious, or
3. Jail plus treatment through a drug court program is needed.

The court must also require that the probation department can use approved punishments if the person breaks probation rules.

(b) A judge may give a conditional discharge (meaning no probation supervision) if jail or probation isn’t right for the case.

(b-1) People charged with certain vehicle or reckless homicide crimes can’t get probation or conditional discharge if they had a similar conviction or guilty plea in the last 12 months.

(c) A judge can delay sentencing and put someone under supervision instead of giving a conviction if the person isn’t charged with:

1. A Class A misdemeanor,
2. animal cruelty, or
3. A felony.

Supervision is allowed only if:

1. The person isn’t likely to commit more crimes.
2. It’s better for both the person and the public if they don’t get a criminal record.
3. Supervision serves justice better than another sentence.

(c-5) People with repeat offenses for driving with a revoked license from reckless homicide cases can’t get supervision or probation.

(d) A person can’t get supervision again for driving under the influence if:

1. They have previously been been convicted for a DUI,
2. They are currently under supervision for a DUI, or
3. They pleaded guilty to DUI or reckless driving before.

(e) A person can’t get supervision for retail theft if within the past 5 years:

1. They had a conviction for retail theft, or
2. They have been given supervision for retail theft charge.

(f) No supervision is allowed for certain traffic code violations, such as speeding in work zones or school zones.

1. Driving without a license, speeding in a school zone, and similar traffic offenses, or
2. Being unsafe when driving by emergency vehicles.

(g) No supervision is allowed for people:

1. With convictions within the last 5 years for Driving without insurance, licensence plate violations, and related offenses, or
2. Assigned supervision within the last 5 years for Driving without insurance, licensence plate violations, and related offenses.

(h) Drivers under 21 charged with serious traffic offenses can only get supervision if:

1. They attend and finish an approved traffic school and pay all fines. If they don’t finish, they’ll be convicted. Or,
2. They weren’t previously given probation for a serious traffic offense

(h-1) Drivers under 21 for most other traffic violations can only get supervision if they go to and pass a traffic safety program and pay all required fees.

(i) No supervision is allowed for certain insurance violations if the person already had supervision for that same violation before.

(j) No supervision is allowed for drivers with suspended or revoked licenses due to DUIs if

1. They received a conviction for a similar violation in the past 10 years, or
2. They received supervision for a similar violation in the past 10 years.

(k) No supervision is allowed for moving violations if the person already got supervision twice in the last 12 months for other moving violations.

(l) (Blank.)

(m) (Blank.)

(n) Drivers under 18 must appear in court with written permission from a parent or guardian to get supervision, unless the judge excuses it for good reason.

(o) No supervision is allowed for:

1. Driving with a suspended license related to DUI breath-test refusal, or
2. Driving without an ignition interlock device, when required to by law.

(p) No supervision is allowed for excessive speeding (over a certain limit) if the person was:

1. Convicted for an excessive speed violation before, or
2. Granted supervision for an excessive speed violation before.

(q) No supervision is allowed for speeding 26 miles per hour or more over the limit in city areas.

(r) No supervision is allowed if a traffic violation caused someone’s death and the driver has a prior serious driving violation or license suspension.

(s) No supervision is allowed for certain gun-related offenses under the Firearm Concealed Carry Act.

View the full statute here.

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