Every person found guilty of an offense shall be subject to either or both the following penalties: (Ord. 77-O-242, 2-3-1977)
A. A fine not in excess of the maximum as set forth in Section 1-4-1 of this Code. (Ord. 77-O-242, 2-3-1977; amd. Ord. 95-O-707, 11-6-1995)
B. A period of conditional discharge not to exceed one year.
1. The conditions of a conditional discharge shall include that the defendant:
a. Not violate any criminal statute or quasi-criminal ordinance of any jurisdiction; and
b. Report to and appear in person before such person or agency as directed by the court.
2. The conditions of conditional discharge may, in addition, require that the defendant:
a. Work or pursue a course of study or vocational training;
b. Undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism;
c. Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss; and
d. If a minor, to reside with his parent or in a foster home; attend school; attend a nonresidential program for youth; or contribute to his own support at home or in a foster home.
3. When a court orders restitution or reparation as a condition for a conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court, at any time prior to the expiration or termination of the period of conditional discharge may impose an additional period of not more than two (2) years. Only the conditions of payment shall continue to apply during such conditional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions and to revoke the penalty of conditional discharge if the conditions of payment are violated during such additional period.
4. When a petition is filed charging a violation of a condition imposed for conditional discharge, the court:
a. May order a summons to the offender to appear; or 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. The issuance of such warrant or summons shall stay the sentence of conditional discharge until the final determination of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons, or warrant.
b. Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing.
c. Shall receive evidence in open court with the right of confrontation, cross-examination and representation by counsel. The Village has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence.
d. Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial obligations upon the offender unless such failure is due to his wilful refusal to pay.
e. May modify the conditions of a conditional discharge on motion of the Village or on its own motion or at the request of the offender after notice to all parties and a hearing.
5. 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 the offender on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of the initial penalty.
6. A judgment revoking probation or conditional discharge is a final appealable order.