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Illinois Compiled Statutes

730 ILCS 5/5-6-1 (2026)

Sentences of probation and of conditional discharge and disposition of supervision

✓ current as of May 2026
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(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1. Sentences of probation and of conditional discharge and disposition of supervision. The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of probation, conditional discharge or disposition of supervision.
    (a) Except where specifically prohibited by other provisions of this Code, the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that:
        (1) his imprisonment or periodic imprisonment is
    
necessary for the protection of the public; or
        (2) probation or conditional discharge would
    
deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
        (3) a combination of imprisonment with concurrent or
    
consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
    The court shall impose as a condition of a sentence of probation, conditional discharge, or supervision, that the probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-6-4 of this Act.
    (b) The court may impose a sentence of conditional discharge for an offense if the court is of the opinion that neither a sentence of imprisonment nor of periodic imprisonment nor of probation supervision is appropriate.
    (b-1) Subsections (a) and (b) of this Section do not apply to a defendant charged with a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the defendant within the past 12 months has been convicted of or pleaded guilty to a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012.
    (c) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant, if the defendant is not charged with: (i) a Class A misdemeanor, as defined by the following provisions of the Criminal Code of 1961 or the Criminal Code of 2012: Sections 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1; paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section 24-1; (ii) a Class A misdemeanor violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act; or (iii) a felony. If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that:
        (1) the offender is not likely to commit further
    
crimes;
        (2) the defendant and the public would be best served
    
if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice an order of
    
supervision is more appropriate than a sentence otherwise permitted under this Code.
    (c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
    (d) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance when the defendant has previously been:
        (1) convicted for a violation of Section 11-501 of
    
the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
        (2) assigned supervision for a violation of Section
    
11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
        (3) pleaded guilty to or stipulated to the facts
    
supporting a charge or a finding of guilty to a violation of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
    The court shall consider the statement of the prosecuting authority with regard to the standards set forth in this Section.
    (e) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if said defendant has within the last 5 years been:
        (1) convicted for a violation of Section 16-25 or
    
16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012; or
        (2) assigned supervision for a violation of Section
    
16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012.
    The court shall consider the statement of the prosecuting authority with regard to the standards set forth in this Section.
    (f) The provisions of paragraph (c) shall not apply to a defendant charged with: (1) violating Sections 15-111, 15-112, 15-301, paragraph (b) of Section 6-104, Section 11-605, paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a similar provision of a local ordinance; or (2) committing a Class A misdemeanor under subsection (c) of Section 11-907 of the Illinois Vehicle Code or a similar provision of a local ordinance.
    (g) Except as otherwise provided in paragraph (i) of this Section, the provisions of paragraph (c) shall not apply to a defendant charged with violating Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has within the last 5 years been:
        (1) convicted for a violation of Section 3-707,
    
3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
    The court shall consider the statement of the prosecuting authority with regard to the standards set forth in this Section.
    (h) The provisions of paragraph (c) shall not apply to a defendant under the age of 21 years charged with violating a serious traffic offense as defined in Section 1-187.001 of the Illinois Vehicle Code:
        (1) unless the defendant, upon payment of the fines,
    
penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision; or
        (2) if the defendant has previously been sentenced
    
under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1-187.001 of the Illinois Vehicle Code.
    (h-1) The provisions of paragraph (c) shall not apply to a defendant under the age of 21 years charged with an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, unless the defendant, upon payment of the fines, penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision.
    (i) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 3-707 of the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has been assigned supervision for a violation of Section 3-707 of the Illinois Vehicle Code or a similar provision of a local ordinance.
    (j) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the revocation or suspension was for a violation of Section 11-501 or a similar provision of a local ordinance or a violation of Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle Code if the defendant has within the last 10 years been:
        (1) convicted for a violation of Section 6-303 of the
    
Illinois Vehicle Code or a similar provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    
6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant's arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance. The provisions of this paragraph (k) do not apply to a defendant charged with violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance.
    (l) (Blank).
    (m) (Blank).
    (n) The provisions of paragraph (c) shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant's parent or legal guardian, executed before the presiding judge. The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.
    (o) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the suspension was for a violation of Section 11-501.1 of the Illinois Vehicle Code and when:
        (1) at the time of the violation of Section 11-501.1
    
of the Illinois Vehicle Code, the defendant was a first offender pursuant to Section 11-500 of the Illinois Vehicle Code and the defendant failed to obtain a monitoring device driving permit; or
        (2) at the time of the violation of Section 11-501.1
    
of the Illinois Vehicle Code, the defendant was a first offender pursuant to Section 11-500 of the Illinois Vehicle Code, had subsequently obtained a monitoring device driving permit, but was driving a vehicle not equipped with a breath alcohol ignition interlock device as defined in Section 1-129.1 of the Illinois Vehicle Code.
    (p) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance when the defendant has previously been:
        (1) convicted for a violation of Section 11-601.5 of
    
the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
        (2) assigned supervision for a violation of Section
    
11-601.5 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state.
    (q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 or Section 11-601.5 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed that is 26 miles per hour or more in excess of the applicable maximum speed limit established under Chapter 11 of the Illinois Vehicle Code.
    (r) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance if the violation was the proximate cause of the death of another and the defendant's driving abstract contains a prior conviction or disposition of court supervision for any violation of the Illinois Vehicle Code, other than an equipment violation, or a suspension, revocation, or cancellation of the driver's license.
    (s) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (i) of Section 70 of the Firearm Concealed Carry Act.
(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)

    
Notes of Decisions
Cited in 73 cases (12 in the last 5 years), 1993–2026 · leading case: People Ex Rel. Madigan v. Kinzer, 902 N.E.2d 667 (Ill. 2009).
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People Ex Rel. Madigan v. Kinzer, 902 N.E.2d 667 (Ill. 2009). · cites it 4× “" 730 ILCS 5/5-6-1(d) (West 2006). Thus, section 5-6-1(d)(3) provides that a defendant charged with DUI is not eligible for court supervision if the defendant has previously pled guilty to reckless driving as a result of a plea agreement.”
People v. Rizzo, 2016 IL 118599 (Ill. 2016). · cites it 2× “5(b) of the Vehicle Code (see 730 ILCS 5/5-6-1(c), (p) (West 2012)); and (2) the legislature’s classification of said violation as a Class A misdemeanor, subject to strict liability, contravenes the same constitutional provisions.”
People v. Rizzo, 2016 IL 118599 (Ill. 2016). · cites it 3× “5(b) of the Vehicle Code (see 730 ILCS 5/5-6-1(c), (p) (West 2012)), and (2) the legislature’s classification of said violation as a Class A misdemeanor, subject to strict liability, contravenes the same constitutional provisions.”
People v. Moss, 842 N.E.2d 699 (Ill. 2005). · cites it 2× “A court may impose a sentence of probation unless imprisonment is necessary to protect the public or probation would deprecate the seriousness of the offender's conduct.”
People v. Martinez, 2019 IL App (2d) 170793 (Ill. App. Ct. 2019). · cites it 5× “" ¶ 62 The court noted that, in addition to the general sentencing factors in aggravation and mitigation, it considered the specific criteria for ordering court supervision (see 730 ILCS 5/5-6-1(c) (West 2016) ): "There are essentially three factors, and they are-some of them…”
People v. Daly, 2014 IL App (4th) 140624 (Ill. App. Ct. 2014). · cites it 6× “Under the Criminal Code, 730 ILCS 5/5-6-1, the law tells us that except where specifically prohibited by other provisions of this code, the court shall impose a sentence of probation or conditional discharge upon an offense, unless having regard to the nature and circumstances…”
City of Urbana v. Andrew N.B., 813 N.E.2d 132 (Ill. 2004). · cites it 2× “" 730 ILCS 5/5-6-1 (West 2002). Pursuant to section 5-6-4 and 5-8A-1 of the Code (730 ILCS 5/5-6-4, 5-8A-1 (West 2002)), intermediate sanctions shall include a term of electronic home detention.”
People v. Hammond, 2011 IL 110044 (Ill. 2011). · cites it 2× “” 730 ILCS 5/5-6-1 (West 2006). Section 5-6-4(i) of the Code provides: “Instead of filing a violation of probation *** an agent or employee of the supervising agency with the concurrence of his or her supervisor may serve on the defendant a Notice of Intermediate Sanctions.”
United States v. Carol Kozinski, Ilmi Fejzoski, James Havelka, Jeanette Martinez, James Brennan, James Abney, Mark Morgan, & Peter Demopoulos, 16 F.3d 795 (7th Cir. 1994). “” 730 ILCS 5/5-6-1(c). The first option, pleading guilty, necessarily involves an admission of guilt.”
United States v. Frank Smith, Keith McCain Russell Ellis, Eric Wilson, Sherman Moore, Steven Pink & Charles Poteete, 223 F.3d 554 (7th Cir. 2000). “730 ILCS 5/5-6-1(c). The stipulation option appears to be at least as conclusive as a plea of nolo contendere, however, and those pleas are enough to show conviction of an offense for purposes of U.”
People v. Martinez, 2019 IL App (2d) 170793 (Ill. App. Ct. 2019). · cites it 3× “Section 5-6-1(c) of the Unified Code of Corrections (Code) (730 ILCS 5/5-6-1(c) (West 2016)) provides that, except for certain classes of defendants, “[t]he court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of…”
People v. Daly, 2014 IL App (4th) 140624 (Ill. App. Ct. 2014). · cites it 4× “” ¶ 19 On May 30, 2014, defendant filed a motion to reconsider the sentence, arguing the trial court erred where (1) it improperly considered the public policy of the aggravated DUI statute; (2) the sentence imposed was inconsistent with the public policy of section 5-6-1 of the…”
Show all 73 citing cases →
— 730 ILCS 5/5-6-1(a) — 22 cases
People v. Moss, 842 N.E.2d 699 (Ill. 2005). “A court may impose a sentence of probation unless imprisonment is necessary to protect the public or probation would deprecate the seriousness of the offender's conduct.”
People v. Daly, 2014 IL App (4th) 140624 (Ill. App. Ct. 2014). “Under the Criminal Code, 730 ILCS 5/5-6-1, the law tells us that except where specifically prohibited by other provisions of this code, the court shall impose a sentence of probation or conditional discharge upon an offense, unless having regard to the nature and circumstances…”
People v. Williams, 688 N.E.2d 1153 (Ill. 1997).
People v. Daly, 2014 IL App (4th) 140624 (Ill. App. Ct. 2014). “” ¶ 19 On May 30, 2014, defendant filed a motion to reconsider the sentence, arguing the trial court erred where (1) it improperly considered the public policy of the aggravated DUI statute; (2) the sentence imposed was inconsistent with the public policy of section 5-6-1 of the…”
People v. Bruer, 780 N.E.2d 1128 (Ill. App. Ct. 2002).
— 730 ILCS 5/5-6-1(a)(1) — 4 cases
People v. Missel, 2023 IL App (4th) 220180-U (Ill. App. Ct. 2023).
People v. Adekale, 2020 IL App (1st) 171329-U (Ill. App. Ct. 2020).
People v. Wright, 2021 IL App (4th) 180630-U (Ill. App. Ct. 2021).
People v. Triplett, 2026 IL App (4th) 250708-U (Ill. App. Ct. 2026).
— 730 ILCS 5/5-6-1(a)(2) — 6 cases
People v. Crawford, 961 N.E.2d 447 (Ill. App. Ct. 2011).
People v. Wilks, 2020 IL App (1st) 182168-U (Ill. App. Ct. 2020).
People v. Avila, 2021 IL App (3d) 200115-U (Ill. App. Ct. 2021).
People v. Johnson, 2020 IL App (2d) 190206-U (Ill. App. Ct. 2020).
People v. Wright, 2021 IL App (4th) 180630-U (Ill. App. Ct. 2021).
— 730 ILCS 5/5-6-1(b) — 1 case
People v. Goleash (Ill. App. Ct. 2000).
— 730 ILCS 5/5-6-1(c) — 28 cases
People v. Rizzo, 2016 IL 118599 (Ill. 2016). “5(b) of the Vehicle Code (see 730 ILCS 5/5-6-1(c), (p) (West 2012)); and (2) the legislature’s classification of said violation as a Class A misdemeanor, subject to strict liability, contravenes the same constitutional provisions.”
People v. Martinez, 2019 IL App (2d) 170793 (Ill. App. Ct. 2019). “" ¶ 62 The court noted that, in addition to the general sentencing factors in aggravation and mitigation, it considered the specific criteria for ordering court supervision (see 730 ILCS 5/5-6-1(c) (West 2016) ): "There are essentially three factors, and they are-some of them…”
United States v. Carol Kozinski, Ilmi Fejzoski, James Havelka, Jeanette Martinez, James Brennan, James Abney, Mark Morgan, & Peter Demopoulos, 16 F.3d 795 (7th Cir. 1994). “” 730 ILCS 5/5-6-1(c). The first option, pleading guilty, necessarily involves an admission of guilt.”
United States v. Frank Smith, Keith McCain Russell Ellis, Eric Wilson, Sherman Moore, Steven Pink & Charles Poteete, 223 F.3d 554 (7th Cir. 2000). “730 ILCS 5/5-6-1(c). The stipulation option appears to be at least as conclusive as a plea of nolo contendere, however, and those pleas are enough to show conviction of an offense for purposes of U.”
City of Urbana v. Andrew N.B., 813 N.E.2d 132 (Ill. 2004). “" 730 ILCS 5/5-6-1 (West 2002). Pursuant to section 5-6-4 and 5-8A-1 of the Code (730 ILCS 5/5-6-4, 5-8A-1 (West 2002)), intermediate sanctions shall include a term of electronic home detention.”
— 730 ILCS 5/5-6-1(c)(1) — 3 cases
People v. Martinez, 2019 IL App (2d) 170793 (Ill. App. Ct. 2019). “" ¶ 62 The court noted that, in addition to the general sentencing factors in aggravation and mitigation, it considered the specific criteria for ordering court supervision (see 730 ILCS 5/5-6-1(c) (West 2016) ): "There are essentially three factors, and they are-some of them…”
People v. Martinez, 2019 IL App (2d) 170793 (Ill. App. Ct. 2019). “Section 5-6-1(c) of the Unified Code of Corrections (Code) (730 ILCS 5/5-6-1(c) (West 2016)) provides that, except for certain classes of defendants, “[t]he court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of…”
People v. Collins, 2020 IL App (5th) 160355-U (Ill. App. Ct. 2020).
— 730 ILCS 5/5-6-1(c)(2) — 1 case
People v. Martinez, 2019 IL App (2d) 170793 (Ill. App. Ct. 2019). “" ¶ 62 The court noted that, in addition to the general sentencing factors in aggravation and mitigation, it considered the specific criteria for ordering court supervision (see 730 ILCS 5/5-6-1(c) (West 2016) ): "There are essentially three factors, and they are-some of them…”
— 730 ILCS 5/5-6-1(c)(d) — 2 cases
In re Derrico G., 2014 IL 114463 (Ill. 2014).
In re Derrico G., 2014 IL 114463 (Ill. 2014).
— 730 ILCS 5/5-6-1(d) — 1 case
People Ex Rel. Madigan v. Kinzer, 902 N.E.2d 667 (Ill. 2009). “" 730 ILCS 5/5-6-1(d) (West 2006). Thus, section 5-6-1(d)(3) provides that a defendant charged with DUI is not eligible for court supervision if the defendant has previously pled guilty to reckless driving as a result of a plea agreement.”
— 730 ILCS 5/5-6-1(d)(3) — 1 case
People Ex Rel. Madigan v. Kinzer, 902 N.E.2d 667 (Ill. 2009). “" 730 ILCS 5/5-6-1(d) (West 2006). Thus, section 5-6-1(d)(3) provides that a defendant charged with DUI is not eligible for court supervision if the defendant has previously pled guilty to reckless driving as a result of a plea agreement.”
— 730 ILCS 5/5-6-1(j) — 2 cases
People v. Scarbrough, 2015 IL App (3d) 130426 (Ill. App. Ct. 2015).
People v. Scarbrough, 2015 IL App (3d) 130426 (Ill. App. Ct. 2015).
— 730 ILCS 5/5-6-1(k) — 2 cases
People v. Scarbrough, 2015 IL App (3d) 130426 (Ill. App. Ct. 2015).
People v. Scarbrough, 2015 IL App (3d) 130426 (Ill. App. Ct. 2015).
— 730 ILCS 5/5-6-1(p) — 2 cases
People v. Rizzo, 2016 IL 118599 (Ill. 2016). “5(b) of the Vehicle Code (see 730 ILCS 5/5-6-1(c), (p) (West 2012)); and (2) the legislature’s classification of said violation as a Class A misdemeanor, subject to strict liability, contravenes the same constitutional provisions.”
People v. Rizzo, 2016 IL 118599 (Ill. 2016). “5(b) of the Vehicle Code (see 730 ILCS 5/5-6-1(c), (p) (West 2012)), and (2) the legislature’s classification of said violation as a Class A misdemeanor, subject to strict liability, contravenes the same constitutional provisions.”
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