What is Court Supervision in Illinois?
In the context of Illinois criminal law, supervision is a sentence option that judges can use in place of other more traditional options, such as guilty pleas, outright fines, and probation. Supervision is often handed out for less serious first offenses because it is designed to encourage counseling and rehabilitation. Importantly, supervision is only available in limited circumstances, and having a strong case or persuasive argument is necessary for a judge to impose a sentence of supervision as opposed to other more traditional sentences.
In practice, supervision operates as a conviction in name only. In fact, a court supervision for a misdemeanor does not count as a conviction for purposes of establishing one’s criminal record. Similarly, a court supervision for a felony will not be considered as a conviction if it was entered in Chicago, Evanston, Skokie, or Wheaton in the Cook County Circuit Court. Exceptions to this exist, however, and supervision for a felony crime given in another county or other contexts can be considered as a conviction. More importantly, the real reason many people seek supervision is because, after the supervision term has passed, the courts will vacate the supervision and the crime will be wiped from the defendant’s record (with the exception of evidence issues) . As a result, if an individual could go to prison 11 years, but the prosecutor is willing to work out a deal for supervision and 6 months of community service, and if the judge agrees to that supervision, then the defendant will ultimately have the crime automatically "expunged" (as the law calls it) after the terms of supervision are complete.
Supervision is a tool of discretion that attempts to strike a balance between rehabilitation and punishment. Individuals who are simply unlucky enough to be charged with a low-level criminal offense are much better off if they can convince the courts to give them a sentence of supervision than if the courts hand down other more traditional sentences. Supervision is substantially less onerous than probation, and it has the benefit of being erased once the terms of supervision are complete. Probation, on the other hand, is different than supervision in that it is both a conviction and a form of punishment. In other words, it is not possible to garner supervision on a felony charge in jurisdictions other than Chicago, Evanston, Skokie, or Wheaton through a plea bargain. Generally speaking, the most someone can expect for a felony charge is probation, if they are lucky. However, for misdemeanor charges, if a strong case is presented and a good argument is made, supervision is a real possibility, and should be investigated as a means to avoid a conviction.
Common Supervision Violations
When a judge has placed someone on court supervision, they are not done with them. It’s called supervision for a reason. That reason is to give that person another chance. But if you screw it up, you could wind up with a criminal record.
What could be considered a violation of supervision? There are many things that you could get in trouble for. The most common are these: – Not showing up for a court date. – Committing a new offense. If you got supervision on a retail theft or other crime, committing another theft would be a problem even if it was a much more serious case than the one that put you on supervision in the first place. The judge can assume that you have a drug problem or you need to have some psychological issues addressed. – Being unable to complete counseling or classes that were ordered by the court because they don’t exist in your area or were not available in a timely manner. If you can show the court that you are trying to finish, and that you had no control over the situation but still made all attempts to complete the terms, you can usually get out of any problems. – Not fulfilling community service requirements. – Getting a new charge. – Violating an order of protection. If an order prohibits you from living with a victim of a crime, going near them or talking to them, if an instance occurs where you did those things, it can be argued by the state that you have violated your court supervision.
There are other issues that could arise, but these are the most common.
The Legal Ramifications of a Violation
Legal Consequences of Violating Court Supervision
On a first time DUI in Illinois for someone over 21 years old, in most instances, a plea bargain will include court supervision. Once supervision is granted, the defendant must abide by all of the conditions required by the judge or risk the penalties for violating supervision. This includes talking to your supervision officer when called and attending all court dates. It can also include obtaining drug and alcohol treatment and/or completing community service hours. For DUI supervision, it can also mean completing the Breath Alcohol Ignition Interlock Device (BAIID) requirements.
If you violate the terms of your supervision, your case may not be automatically discharged. The State’s Attorney will have to ask the Court to revoke supervision and to find you guilty. This means that if the Court agrees, you will be found guilty of the original offense, which in the case of a DUI is a crime (misdemeanor) and a conviction or finding of guilt will go on your criminal record.
Common violations of supervision that can lead to revocation include failure to complete a substance abuse evaluation if required, not completing community service hours if required, failing to pay fines, costs and fees, not completing the BAIID program if ordered, failure to attend alcohol or drug counseling if ordered or missing court dates.
A violation of court supervision can lead to a continuance of court supervision, an extension of the supervision period, probation, fines, incarceration in the county jail, or some combination thereof.
The penalties for a violated DUI court supervision in Illinois are:
Worthy of mention is the fact that the court in 2010 had the power to sentence you to a jail term for the violation of court supervision. However, after the recent 2012 Illinois Supreme Court case of People v. McFoster, 2012 IL 111966, that ability changed. The sentencing judge can no longer sentence you to a jail term for a possible violation of supervision. This is because a judge cannot punish a defendant for a future crime – in this case, the violation of supervision. As a result, the judge can only impose probation terms, extended terms or fines/costs. For example: If your DUI supervision was for one (1) year and you violated the terms your supervision will be extended on probation for 2 (two) years from the date of the violation. However, at any point you can terminate that supervision and you will be found guilty and convicted of the crime for sentencing purposes. At that time the Court can impose the sentence that the Court should have imposed on the date of the supervision.
Your Options After a Violation
After a violation of court supervision, the presumptive process is to hold a hearing. There are basically two types of hearings possible. The first would be a hearing if you deny the allegation of the violation. Unless the judge has already decided that you did actually violate your supervision and is just doing a hearing to determine if he/she actually believes it or not to make it more clear for potential appeals, this is an evidentiary hearing where the State has to prove by a preponderance of the evidence that you did indeed commit the violation. It’s like a mini trial in front of the judge. You have the ability to present evidence from witnesses and even your own testimony. In fact, they have to prove you are guilty of committing a crime and so you are presumed innocent until they’re able to prove that you did it. A different type of hearing that could be set is when you ask the court to find that you did not violate the conditions of supervision. The State then has the burden to show that you did violate the terms. In this situation there is no need for a big hearing as noted above. At either hearing a probation officer will usually testify. They won’t show up with their probation officer unless there are serious allegations that must be addressed, usually a new criminal charge or use of alcohol or drugs. That might not happen though, and it could just be that the probation officer submits a report to the court which is then considered in the end by the court. Either way, their job is to report what they believe you did or did not do. If you fail to show up at the set hearing, the judge will assume you violated court supervision, revoke your supervision and impose whatever penalty was initially on hold. Whatever happens, anytime you agree to or are found to have violated your supervision terms, there will be a finding on your record that you violated. While this can be appealed, it’s best to just handle all of the hearings with your lawyer involved so that we can hopefully get a win in the first round.
Possible Defenses for Violations
One of the common defenses to a charge alleging a violation of a court supervision in Illinois is that you actually complied with all the terms of your supervision. For example, if you were required to maintain a job for three months, you can argue against the violation if you did so, even if it was not legally required. Another very common defense is that the violation you were alleged to have committed actually took place after the supervision had ended. This is why it is especially important to be sure you understand the actual date on which your supervision ends and how that date is calculated.
A very subjective defense is the inability to comply commercial requirements of supervision. For example, if you were required to pay a certain fine and you didn’t have the money to do so , it’s tough to make the argument that you were able to comply but just didn’t feel like it.
The best way to defend a supervision violation allegation is to retain a criminal defense attorney in your area who has experience in handling violations of court supervision and similar cases. When you hire such an attorney, they can explain the process to you, help you develop a strategy and defend your case in a number of ways.
The most common way an attorney will go about a case like this is to first look for evidence of actual compliance with supervision. This can be difficult if you failed to attend a class that you were required to attend or something else, but if you are subject to a fine payment, for example, the attorney will want to see your tax statements, proof of income and other information to prove your financial situation. They will be able to help you put together a strong argument regarding your intent, motivation and ability to comply as well.
How a Violation Affects Your Record and Future
Even if an individual completes their supervision without any violations, there’s a good chance that the fact that they received supervision will stay on their record. A violation of court supervision, on the other hand, gets reported to the Illinois Department of State Police (IDSP), which maintains criminal background reports and reports these violations to employers, schools, landlords, lenders, and others. This means that violations almost always leave the possibility of even harsher legal consequences in the future.
Tropeano explains: "If you are convicted of violating supervision and it stays on your criminal record, then you can be charged a second time for violating the law that led to the court supervision in the first place. You could be convicted of that second offense when the charge might have been your first, hence you are likely to get a harsher penalty than if it was your first offense."
This means that those who are supervised for, say, shoplifting will have an even more challenging criminal record should they break the law again, regardless of whether they broke their supervision. "That’s why the law gives you a break to avoid violating your supervision, so you don’t suffer the consequences of violating supervision and then having a second, harsher charge against you. But if you aren’t given that break or get a new charge altogether then you will likely get hit with that more serious crime."
How to Avoid Violations
For defendants in Illinois granted supervision, it is important to take practical steps so as not to be violated. Here are some proactive tips:
Know Exactly What Conditions You Are Under and What is Required to Comply
There are many different forms of supervision. Community service for some; drug court, mental health court and periodic imprisonment for others. Each type of supervision comes with its own requirements. As a result, missing community service workdays, failing to report or provide documents, and being late to court will increase the risk of being found in violation of supervision. To avoid a violation, defendants must know what is required and comply with all terms.
Pay Fines, Fees, Costs and Restitution
Failure to pay fines, fees, costs , or restitution is a basis for a petition to revoke supervision. Courts are always more likely to revoke when the violation is a failure to pay. One reason for this is obvious. Defendant can pay if they want to. The other reason is that courts do not want defendant to get supervision and then scam the government out of money to pay for it. So, courts are especially tough on this term.
To avoid violating this term, pay your fines, fees, costs and restitution on time.
Obtain Medical Attention if Needed
Missing appointments because of medical issues is not good enough. Illinois courts want proof. For example, if a defendant has a stroke and cannot report to his or her supervision hearing, the court should receive a doctor’s note. Missing supervision because of medical issues is a definite reason for a defendant to deal with a judge. Missing supervision for a doctor’s appointment is also likely to require a court appearance and a return court date.