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The County of DuPage
Wheaton, Illinois
 

Court Rules - Criminal Proceedings - Sentencing

IV. CRIMINAL PROCEEDINGS

ARTICLE 36: SENTENCING

36.01 APPLICABILITY

The provisions of Article 36 shall apply in all cases, whether civil, quasi-criminal or criminal in nature, in which court costs are assessed or a fine or penalty of any kind is imposed.

36.02 JUDGMENT AND SENTENCE

After the jury or the Court finds a defendant guilty of any criminal or quasi-criminal offense, the Court shall enter a written order disposing of the case in accordance with the Unified Code of Corrections (730 ILCS 5/5-1-1 et seq.).

36.03 PAYMENT OF FINES AND COSTS

(a) For the Courts other than Bond Court or the Traffic Division Courts: All persons who are assessed fines or costs in a criminal case, or who are required to post additional bond money, shall be escorted to the Office of the Clerk of the Circuit Court by the bailiff assigned to the courtroom in which the order was entered for the purpose of payment. No deputy clerk or other person shall accept payment at any location other than the Office of the Circuit Clerk.

(b) In Bond Court and Traffic Division Courts: All persons who are required to post bond in the Bond Court, or who are assessed fines or costs in a case in a Traffic Division court, or who are required to post additional bond money in a Traffic Division court, shall make such payment to the Deputy Clerk assigned to that court.

(c) In accordance with applicable law [725 ILCS 5/110-7(h)], bond shall be applied upon conviction to satisfy, in whole or in part, any fine or court costs.

36.04 EXTENDING TIME TO PAY FINES AND COSTS

(a) If a defendant, who has been ordered to satisfy certain fines and costs, subsequently appears at the Clerk's Office for the purpose of satisfying said fines and costs, the Clerk or the Clerk's designate shall have authority to extend for a period of time not to exceed ten (10) days the time in which payment may be made.

(b) The Clerk of the Court, or the Clerk's designate, may at their discretion accept partial satisfaction of the assessed fine or costs and extend satisfaction of the remainder of the assessment for the prescribed ten (10) day period.

(c) In the event that the Clerk of the Court or the Clerk's designate extend the satisfaction of assessment, the Clerk or the Clerk's designate shall, at the time the satisfaction period is extended, deliver to the defendant a written receipt for any funds received from the defendant which are to be applied to fines and costs.

(d) Further, the Clerk of Court or the Clerk's designate shall, after accepting partial satisfaction, inform the defendant in writing as to the balance of any fines or costs due and the date by which said balance is due.

(e) In instances where the defendant has failed to satisfy the assessment within the ten (10) day period, the Clerk shall immediately deliver to the sentencing judge the defendant's case file and inform the Court of the defendant's failure to satisfy the order within the aforementioned timeframe.

36.05 PRE-SENTENCE REPORTS

(a) Purpose: For defendants who have pleaded guilty or been found guilty of a felony or misdemeanor, the pre-sentence report provides the Court with appropriate background information concerning the defendant which will assist the Court in the sentencing of the defendant. A pre-sentence report shall be made in every felony case unless waived as provided by law (730 ILCS 5/5-3-1), and in other cases as ordered by the Court.

(b) Requests for pre-sentence reports shall be made in writing.

(c) In addition to any statutory requirements (730 ILCS 5/5-3-2), the pre-sentence report shall include:

(1) A report face sheet of basic case information;
(2) The official version of the offense(s) involved in the case;
(3) Any record of prior offenses;
(4) Family history;
(5) Residential history;
(6) Educational background;
(7) Religion (optional);
(8) Interests and activities;
(9) Health and health history;
(10) Employment history;
(11) Military history;
(12) Financial resources;
(13) Impressions and summary;
(14) Recommendations if requested by the Court;
(15) Status or disposition of co-defendants.

(d) Disclosure and filing of the reports shall be in compliance with Rule 32.05.

(e) The Probation Officers shall be present at the sentencing hearing to answer questions when requested by the Court.

36.06 PROBATION

(a) When the Court imposes a sentence of probation under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the Court shall set forth on a pre-printed approved Probation Certificate form the terms and conditions of the probation.

(b) When the Court imposes probation under the Cannabis Control Act (720 ILCS 550/10), or under the Illinois Controlled Substances Act (720 ILCS 570/410), the Court shall set forth on a pre-printed Probation Order the terms and conditions of the probation.

(c) When the Probation Certificate permits the defendant to leave the state, the Senior Supervisor of Adult Division or the Senior Supervisor of Adult Division's designee may authorize up to thirty (30) days of out-of-state travel. All authorizations shall be in writing. The Senior Supervisor of Adult Division shall maintain a log of approved absences, setting forth the case number, name of the person on probation, date of departure, destination, purpose of travel and date of return.

(d) If the Court does not indicate its consent as provided in Rule 36.06(c), each request by a probationer to leave the state shall be presented to the Court for individual consent.

36.07 CONDITIONAL DISCHARGE PROCEDURES

(a) When the Court enters a sentence of Conditional Discharge under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the order shall be completed and signed by the judge and defendant.

The original order and three (3) copies shall be distributed as follows:

(1) Original to the Clerk for filing in the court file;

(2) One copy to the defendant; and

(3) One copy to the State's Attorney.

(b) If during the period of Conditional Discharge the defendant commits a technical violation as defined in Rule 36.10, defendant shall be eligible for the Administrative Sanctions Program. If defendant elects not to participate in the Program, the office of the State's Attorney may petition for the revocation of the defendant's Conditional Discharge. A hearing with all parties present shall be held on any such petition in accordance with Rule 36.10.

(c) In those situations where the defendant in a traffic case has been sentenced to periodic imprisonment and/or Conditional Discharge, and a violation occurs, the jail will notify the Misdemeanor/Traffic Division of the State's Attorneys' Office who then may petition the Court for the revocation of the defendant's periodic imprisonment and/or Conditional Discharge. Hearing on the PTR will be at 8:30 a.m. in the House Court location paired to the Field Court location:

  • AD (Addison) PTR's will be heard in Courtroom 4001
  • GL (Glendale Heights) PTR's will be heard in Courtroom 4003
  • DG (Downers Grove) PTR's will be heard in Courtroom 4005
  • WH (Wheaton) PTR's will be heard in Courtroom 4007

36.08 COURT SUPERVISION

(a) When the Court enters an order of supervision as defined in the Code of Criminal Procedure (730 ILCS 5/5-1-21), the Court shall enter an order setting forth the terms, conditions and reporting requirements of the supervision. The order of supervision and three (3) copies shall be distributed as follows:

(1) Original to the Clerk for filing in the court file;

(2) One copy to the defendant;

(3) One copy to the State's Attorney or municipal prosecutor; and

(4) One copy, where appropriate, to the Department of Probation and Court Services or to the Psychological Services Division.

(b) Rule 36.08(a) shall not apply to cases in the Traffic Division.

(c) In the event of a technical violation as defined in Rule 36.10, defendant shall be eligible for the Administrative Sanctions Program.

36.09 PERIODIC IMPRISONMENT

(a) When the Court imposes a sentence of periodic imprisonment, under the Code of Criminal Procedure (730 ILCS 5/5-7-1 et seq.), or orders periodic imprisonment as a term or condition of another type of disposition, the Court shall enter an order setting forth the terms and conditions of periodic imprisonment. The original order and four (4) copies shall be distributed as provided by administrative orders of this Court.

(b) This Court shall establish by administrative order, rules and regulations for the administration of the periodic imprisonment program. A copy of the Rules and Regulations shall be filed in every case in which a Petition to Revoke Periodic Imprisonment is filed in accordance with Rule 36.10. The Rules and Regulations shall be signed by the offender. The original Rules and Regulations and four (4) copies shall be distributed as set forth in the administrative order.

(c) The periodic imprisonment program shall comply fully with the Illinois County Jail Standards [20 Ill. Admin. Code, Ch. I, Subchapter f, Part 701 (1985)].

(d) The Sheriff shall have reasonable discretion to schedule release times, except as provided in Rule 36.09(e), and unless specifically ordered otherwise by the sentencing judge, to permit the prisoner to:

(1) Seek employment;
(2) Work, including reasonable overtime;
(3) Conduct a business or other self-employed occupation, including housekeeping;
(4) Attend to family needs, including household responsibilities;
(5) Attend an educational institution, including vocational education;
(6) Obtain medical or psychological treatment;
(7) Perform work duties at a county, municipal or regional correctional or detention institution or facility;
(8) Report to or visit with a probation officer;
(9) Participate in the Sheriff's Work Alternative Program or the Young Adult Workcamp Program; or
(10) Fulfill any other purpose enunciated in the sentencing order.

(e) The total release time approved by the Sheriff shall not exceed one-third of the inmate's periodic imprisonment sentence. This release time is not connected in any way with the statutory good time or good behavior allowances referred to in the Unified Code of Corrections [730 ILCS 5/5-7-1(d)] or the County Jail Good Behavior Allowance Act (730 ILCS 130/3).

(f) The terms of Periodic Imprisonment shall include the requirement that the gainfully employed offender pay a weekly sum for room and board. Unless otherwise ordered by the Court, this fee for room and board shall be fifteen dollars ($15.00) per day or 50% of the offender's rate of daily earning, whichever is less [730 ILCS 5/5-7-6(a)] [Ill. Rev. Stat., Ch. 38, Section 1005-7-6(a)]. For purposes of Rule 36.09, 50% of daily earnings shall be calculated by dividing by seven (7) the offender's net weekly earnings, regardless of the number of days actually worked in a given week, and multiplying the resultant quotient by 50%.

36.10 ENFORCEMENT OF PROBATION

(a) The following definitions and abbreviations shall apply to proceedings pursuant to this Rule:

(1) Probation Offense: The offense for which a person is sentenced to probation.
(2) PTM: Petition to Modify.
(3) BITER: Petition to Revoke.
(4) PVN: Probation Violation Notice.
(5) Special Report: Any communication to the Court by a probation officer except a PVN or Follow-up Form.
(6) Violation Offense: An offense committed while on probation in violation of the rules of probation.
(7) Program: The Administrative Sanctions Program of the 18th Judicial Circuit, adopted pursuant to 730 ILCS 5/5-6-1.

(b) Policy of Court:

(1) It is the policy of this Court that every sentence order of judgment entered be enforced. This includes full compliance with each and every term and condition of probation. Strict compliance is expected. The provisions of Rule 36.10 shall apply in every case in which there is reason to believe an offender has violated or failed to comply with one or more of the terms or conditions of the offender's probation. Technical violations of probation shall be addressed through the Program. Nothing herein should be construed to prevent the discharge of a probationer by the Court upon substantial compliance with probation or for other good cause shown.

(2) Violations shall be classified as follows:

(i) Felony.
(ii) Misdemeanor.
(iii) Traffic: Any violation of the Vehicle Code of this or any other state and any comparable municipal ordinance.
(iv) Technical Violation: Violation of the court order, which does not constitute a violation of any state statute, federal code or local ordinance.

(3) Any violation or combination of violations of an offender which fall under more than one classification shall be governed by the procedures for processing the more serious of the violations.

(4) When any felony, misdemeanor or traffic violation requiring court action comes to the attention of the probation officer, the substance of the violation shall be reduced to writing and submitted to the sentencing judge, or any judge sitting in the sentencing judge's stead, the State's Attorney and the defendant in accord with such procedures as may from time to time be provided by administrative order of the Chief Judge.

When any technical violation comes to the attention of the probation officer, the defendant shall be given the option to enter the Program. If the defendant elects not to enter the Program, the probation officer shall follow the above procedures for a PTM or PTR.

(5) At the time of any court appearance pursuant to Rule 36.10, if a previously unreported violation has occurred, if there is a change in status or if there are any matters to which the Court's attention should be drawn, the probation officer shall provide notice of same to the Court, attorneys and the defendant. Oral reports may be made if there has been insufficient time to prepare a written report.

(c) Miscellaneous:

(1) (Rule requires supervisor approval for the PVN - Repealed 1/23/97)

(2) A PVN shall issue:

Upon any subsequent violation after adjudication on a PTR where justified by the severity or frequency of the violation unless ordered otherwise by the Court. The probationer has violated any condition of probation and appears to be a danger to others.

The probationer has fled or has violated any condition of probation and is about to flee the jurisdiction of the Court.

The probationer is involved in a multiple violation of probation indicating a total disregard for his or her probation.

(3) At any time a probationer is otherwise required to appear before the Court, the conditions of probation should be reviewed for possible modification by the Court in order to conform the conditions of probation with current practice, eliminate conditions upon which there has been compliance and otherwise update the conditions. If modification appears to be appropriate, a written special report should be submitted to the Court with copies to the State and the probationer.

36.11 PROBATION AND COURT SERVICES RECORDS

(a) A Court Order or Grand Jury subpoena is Required to Divulge the Contents of the Case Records of the Department of Probation and Court Services: The Department of Probation and Court Services must strictly comply with the following paragraph of the Probation and Probation Officers Act.

The duties of probation officers shall be:

(4) To preserve complete and accurate records …, which records shall be open to inspection by any judge or by any probation officer pursuant to order of court, but shall not be a public record, and its contents shall not be divulged otherwise than as above provided, except upon court order. [730 ILCS 110/12, par. (4)]

(b) Exceptions to the Probation and Probation Officers Act: The Department of Probation and Court Services shall divulge the contents of its records in the following circumstances, without court order:

(1) Violations of Probation, Conditional Discharge or other Orders of the Court: The Department of Probation and Court Services is authorized to divulge the contents of its records that support an allegation of a violation of a court order to the Office of the State's Attorney for the exclusive purpose of proving the violation.

(2) Fulfillment of Specific Conditions of Court Orders: The Department may divulge the contents of its records to anyone authorized by the Department to be involved in the fulfillment of the conditions of a court order.

(3) Duty to Warn: The Department of Probation and Court Services is required to divulge the contents of its record when there is a "duty to warn". The duty is established when an individual makes a "specific" threat to harm or kill a "specific" identifiable victim.

(4) Mandated Reporter Requirements: The Department may share contents of its records with the DCFS hotline when there is … "reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child." [325 ILCS 5/4]

(5) Sharing Information with Other Appropriate Authorities About Criminal Conduct: The Department may share the contents of its records with appropriate authorities when the Department has reliable information of criminal conduct.

(6) Sharing Information with Police Departments: The Department can share demographic information about juvenile offenders and court results with three different police agencies: 1) the arresting department; 2) the department where the minor lives, and if applicable; 3) the school police liaison officer or the police department where the offender attends school.

(c) Sharing Information with Law Enforcement that does not Conflict with the Law: The Department of Probation and Court Services may divulge records with law enforcement if:

  • The information is already of public record.
  • The information is based on visual public observation of the probation officer and court service personnel.

(d) The Department of Probation and Court Services and its employees are required to seek the guidance and direction from the Court on any matters of uncertainty regarding this policy.