7-5-3-4: PENALTIES:
   A.   Penalties Imposed: Every person or minor found guilty of an offense under subsection 7-5-3-3A of this section 7-5-3 shall be subject to either or both of the following penalties: (1965 Code § 9-1-51)
      1.   Fine: A fine as provided in section 1-4-1 of this code. (1965 Code § 9-1-51; amd. 2009 Code)
      2.   Court Supervision; Conditions:
         a.   The court may, without entering a judgment of guilty, place such person under court supervision for any period not exceeding one year. Such supervision may include any of the conditions provided in subsection A2b of this section as the court determines appropriate. If the person completes the period of supervision without violating the conditions imposed by the court, the court shall discharge the defendant from supervision, and dismiss the charge against him. If the person, while under court supervision, is convicted of any criminal offense in any jurisdiction and the state's attorney or village prosecutor, as the case may be, moves for termination of supervision, the court shall terminate the supervision and enter a judgment of guilty, on the plea or finding.
         b.   The conditions of court supervision may, in addition, require that the defendant:
            (1)   Work or pursue a course of study or vocational training;
            (2)   Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss of seven hundred fifty dollars ($750.00), whichever is less;
            (3)   Undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism; and
            (4)   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.
         c.   When a court orders restitution or reparation as a condition for court supervision, 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 court supervision, may impose an additional period of not more than two (2) years. Only the conditions of payment shall continue to apply during such additional 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 court supervision if the conditions of payment are violated during such additional period.
         d.   When a petition is filed charging a violation of a condition imposed for court supervision, the court:
            (1)   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 court supervision until the final determination of the charge, and the term of court supervision shall not run so long as the offender has not answered the summons or warrant.
            (2)   Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing.
            (3)   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 a preponderance of the evidence.
            (4)   Shall not revoke court supervision 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.
            (5)   May modify the conditions of court supervision on motion of the village at its own motion or at the request of the offender after notice to all parties and a hearing.
         e.   If the court finds that the offender has violated a condition at any time prior to the expiration or termination of that 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.
         f.   A judgment revoking a sentence of court supervision is a final appealable order. (1965 Code § 9-1-51)
   B.   Fine: Every person found guilty of an offense under subsection 7-5-3-3A of this section 7-5-3 shall pay a fine as provided in section 1-4-1 of this code. (1965 Code § 9-1-51; amd. 2009 Code)