(A) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting a charge or a finding of guilty as to a charge pursuant to a violation of a term or provision of an existing or future ordinance of the city, defer further proceedings and the imposition of a fine or penalty pursuant to the ordinance and enter an order of supervision of the defendant after considering the circumstances of the defendant, if the court is of the opinion that:
(1) The defendant is not likely to commit further violations;
(2) The defendant and the public would be best served if the defendant was not to receive a record; and
(3) In the best interest of justice an order of supervision is more appropriate than a fine or penalty otherwise permitted under the ordinance.
(B) The provisions of division (A) above shall not apply to a defendant if prohibited by the provisions of ILCS Ch. 730, Act 5, § 5-6-1. Further, the court shall consider the statement of the city’s attorney with regard to the standards set forth therein.
(C) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of the supervision and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, but may not be longer than two years. The court may in addition to other reasonable conditions relating to the nature of the violation of the defendant, as determined for each defendant in the proper discretion of the court, require that the defendant:
(1) Make a report to and appear in person before or participate with the court or the courts, person or social service agency as directed by the court in the order of supervision;
(2) Pay a fine and costs;
(3) Work or pursue a course of study or vocational training;
(4) Undergo medical, psychological or psychiatric treatment or treatment for drug addiction or alcoholism;
(5) Support his or her dependents;
(6) Refrain from possessing a firearm or other dangerous weapon; and
(7) In addition, if a minor:
(a) Reside with his or her parents or in a foster home;
(b) Attend school;
(c) Attend a non-residential program for youth;
(d) Contribute to his or her own support at home or in a foster home;
(8) Perform some reasonable public service;
(9) Comply with the terms and conditions of an order of protection issued by the court pursuant to the State Domestic Violence Act of 1986; (If the court has ordered the defendant to make a report and appear in person under division (C)(1) above, a copy of the order of protection shall be transmitted to the person or agency so designated by the court.)
(10) Refrain from entering into a designated geographic area, except upon the terms as the court finds appropriate; (The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant and advance approval by the city’s Police Department.)
(11) Refrain from having any contact, directly or indirectly, with certain specified persons or particular types of person, including, but not limited to members of street gangs, as defined in ILCS Ch. 740, Act 147, § 10 and drug users or dealers; and
(12) Refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 1 et seq., or the State Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq., unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
(D) The court shall defer entering any judgment on the charges until the conclusion of the supervision.
(E) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.
(F) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law.
(G) A defendant placed on supervision and who during the period of supervision undergoes mandatory drug or alcohol testing, or both, may be ordered to pay the costs incidental to the mandatory drug or alcohol testing, or both, in accordance with the defendant’s ability to pay those costs.
(H) A disposition of supervision is a final order for the purposes of appeal.
(I) (1) Upon the oral or written motion of the city, or on the court’s own motion, which charges that a violation of a condition of supervision has occurred, the court may:
(a) Conduct a hearing instanter if the defendant is present in court;
(b) Order the issuance by the Circuit Clerk of a notice to the defendant to be present for a hearing for violation;
(c) Order summons to the defendant to be present; or
(d) Order a warrant for the defendant’s arrest.
(2) The oral motion, if the defendant is present, or the issuance of the warrant, summons or notice shall toll the period of supervision until the final determination of the charge, and the term of supervision shall not run until the hearing and disposition of the petition for violation.
(3) The court shall admit the defendant to bail pending the hearing.
(4) The city has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. The evidence shall be presented in open court with the right of confrontation and cross-examination.
(5) Supervision shall not be revoked for failure to comply with the conditions of supervision which imposed financial obligations upon the defendant unless the failure is due to his or her wilful refusal to pay.
(6) If the court finds that the defendant has violated a condition of supervision at any time prior to the expiration or termination of the period, the court may continue defendant on the existing supervision with or without modifying or enlarging the conditions or may impose any other fine or penalty that was available under divisions (I)(1) and (I)(2) above at the time of the initial sentencing.
(7) The conditions of supervision may be modified by the court on motion of the city’s attorney or on its own motion or at the request of the defendant after notice to the defendant and a hearing.
(8) A judgment revoking supervision is a final appealable order.
(Ord. 1318, passed 7-16-1996)