(B) Sentence of supervision. The court may impose a sentence of supervision upon any person if, having regard to the nature and circumstances of the offense and to the history, character, and condition of the person, the court is of the opinion that the penalty heretofore provided for in § 133.99 is inappropriate.
(1) When a person is placed on supervision the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period.
(2) The period of supervision shall be reasonable under all the circumstances of the case, but may not be longer than one year.
(3) The court may, in addition to other considerations, require that the person:
(a) Make a report to, appear in person before, or participate with the court or such courts, persons, or social agency as directed by the court in the order of supervision.
(b) Work or pursue a course of study or vocational training.
(c) Undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism.
(d) In the case of a minor, reside with his parents or in a foster home.
(e) In the case of a minor, attend school.
(f) In the case of a minor, attend a nonresidential program for youth.
(g) In the case of a minor, contribute to his own support at home or a foster home.
(h) Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss. The court shall determine the amount and the conditions of payment.
(i) Perform some reasonable public service work such as, but not limited to, picking up litter along public highways, or the maintenance of public facilities.
(4) The court shall defer entering any judgment on the charges until the conclusion of the supervision.
(5) At the conclusion of the period of supervision, if the court determines that the person has successfully complied with all of the conditions of supervision, the court shall discharge the person and enter a judgment dismissing the charges.
(6) 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 upon conviction of a crime. A person may have his record of arrest expunged as may be provided by law.
(7) No person assigned to a public service employment program shall be considered an employee for any purpose, nor shall the village be obligated to provide any compensation to the person.
(8) Neither the state, nor any unit of local government, nor any official or any employee thereof acting in the course of his official duties shall be liable for any tortious acts of any person placed on supervision who is given any public service work as a condition of supervision, except for willful misconduct or gross negligence on the part of the governmental unit, official, or employee.
(Ord. 82-0-033, passed 9-14-81) Penalty, see § 133.99
Statutory reference:
Sentence of supervision, see ILCS Ch. 720, Act 5 § 5-6-3.1