Alternative Dispositions

Qualified Probation

First Offender:

 

There are two types of First Offender Probation.  The first is found in Section 10 of the Cannabis Control Act.  This type of probation is for an individual charged with a cannabis related offense.  The second type of first offender probation is found in Section 410 of the Illinois Controlled Substances Act.  This type of probation is for an individual charged with a drug offense that is not cannabis related.  First Offender Probation lasts for 24 months.  If successfully completed, the result is a non-conviction for the offense charged.  While on first offender probation, certain mandatory conditions must be met.  These conditions include: the individual cannot commit any other criminal offense, they cannot possess a firearm or dangerous weapon, they must submit and pay for drug testing, and they must complete at least 30 hours of community service.

TASC:

 

TASC is a special kind of probation for certain eligible drug addicts and alcoholics.  The purpose of TASC probation is treatment and rehabilitation.  Unlike first offender probation, TASC requires the entry of a conviction for the offense charged.  TASC probation lasts for the period of the maximum sentence that could be imposed for the conviction, or 5 years, whichever is less.  After an individual successfully completes TASC probation, the court may vacate the judgment of conviction.  This is subject to the court’s discretion.  The court will usually vacate the conviction if the individual has not previously been convicted of any felony and has not previously been granted a vacation of judgment after completing TASC.  A motion for vacation of judgment must be filed within 30 days of the entry of judgment.  There are certain situations in which a person is not eligible for TASC.  These include: the person is being charged with a crime of violence; the person was previously convicted of a non-probationable felony or the crime itself is non-probationable; the person has two or more previous convictions of a crime of violence; the person has other felony charges pending; or the person is being charged with a DUI.  For the statute on election of treatment, see 20 ILCS 301/40-5.  For the statute on treatment as a condition of probation, see 20 ILCS 301/40-10.

Second Chance:

 

Second chance probation is the newest type of probation offered in Illinois.  This type of probation is aimed at first time, non-violent offenders.  Second chance is similar to first offender probation in that there is no conviction entered.  Those eligible for second chance probation are individuals that are charged with a Class 3 or Class 4 felony involving drugs, theft, or criminal damage to property.  Those not eligible include individuals who are charged with a DUI, a crime of violence, or a sex crime.  Like the other types of probation, there are certain conditions that must be adhered to during the probationary period.  These include:  the individual cannot violate any other criminal laws; they cannot possess a firearm or dangerous weapon; they must make full restitution; they must obtain or attempt to obtain employment; they must pay fines and costs; they must attend classes to obtain their high school diploma, GED, or vocational training; they must submit and pay for drug testing; and they must do at least 30 hours of community service.  The court may, in its discretion, impose other conditions, including: requiring the individual to undergo psychiatric or medical treatment; requiring the individual to attend or reside in a facility for people on probation; requiring the individual the support his/her dependents; or to require the individual to refrain from having drugs in their body unless prescribed by a doctor.  Second chance probation must last for at least 24 months.  If the individual does not successfully complete their probation, the court may enter judgment for the offense charged and may then sentence them pursuant to that charge.  If, after the completion of second chance probation, the individual is convicted of any criminal offense within five years of dismissal, the case can be used as aggravation in a sentencing proceeding in a later case.  For the Second Chance Probation statute, see 730 ILCS 5/5-6-3.4.

Court Supervision

Court supervision is only available for those charged with a misdemeanor.  Please see the Misdemeanor Sentencing page for more information on court supervision.

Boot Camp

 

Another option for individuals charged with a criminal offense is “boot camp,” also known as Impact Incarceration.  This program is similar to military boot camp.  It includes mandatory physical training and labor, military formation and drills, uniformity of appearance, etc.  To be eligible for boot camp, you must be between the ages of 17 and 35 and must be sentenced to a term of 8 years or less in the Department of Corrections.  Boot camp lasts between 120 and 180 days.  If successfully completed, the sentence is reduced to time considered served.  The court may only allow you to participate in boot camp if the decision is accepted by the Department of Corrections.  You may not be eligible for boot camp in the following situations:  you are not physically and mentally capable; you have previously participated in the program; you have previously served more than one prior sentence of imprisonment in an adult correctional facility; you are convicted, or have previously been convicted, of a Class X felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse (or a subsequent conviction of criminal sexual abuse), forcible detention, or arson.  For the Impact Incarceration statute, see 730 ILCS 5/5-8-1.1.

Offender Initiative Program

 

The Offender Initiative Program is for defendants who have no prior felony convictions.  Those who are eligible are those defendants who are charged with a probationable felony offense, including theft, retail theft, forgery, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine.  Those not eligible include a defendant who is charged with a violent offense.  “Violent offense” includes any offense where bodily harm was inflicted or force was used or threatened against any person.  Other offenses that are not eligible include offenses involving sexual conduct, domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, DUI, or an offense involving a firearm or dangerous weapon.  If the defendant has previously been adjudicated a delinquent minor for the commission of a violent offense, they are also not eligible.  If the State agrees to allow the defendant to participate in this program, the prosecutor and the defense will waive the preliminary hearing, and the court will enter an order suspending the proceedings for one year while the defendant participates in the program.  Mandatory requirements of the program are that the defendant not violate any law, not possess a firearm or dangerous weapon, make full restitution to the victim or the property owner, get a job or do at least 30 hours of community service work, and take classes to receive a high school diploma or an equivalent.  There are other conditions that may be ordered by the judge, in his/her discretion.  These include: medical or psychiatric treatment; drug testing; payment of fines, fees, and costs; and, if the defendant is a minor, require them to live with his/her parents (or in a foster home), go to school, etc.  If the defendant does not abide by the program requirements, the court enters an order that the defendant has not successfully completed the program and then continues the case for arraignment.  If all of the program requirements are met, however, the case is dismissed.  The defendant would then not receive a conviction on their record and the charge may be eligible for expungement.  A person may only take advantage of the offender initiative program once.  For the Offender Initiative Program statute, see 730 ILCS 5/5-6-3.3.