Introduction to Court Supervision
For those of us who follow Illinois traffic tickets and criminal justice, we hear the word supervision a lot. It’s a frequent part of our vocabulary. That is likely not the case with the average person coming to traffic court in Illinois though. Here is my attempt to spell out supervision in simple terms.
Supervision is an opportunity given for us to keep a transgression off our record. It is not a conviction on a permanent record as it might have been back in the old days. There have been long standing Illinois laws that allowing for supervision for certain offenses. In some cases you’re eligible for supervision but in other cases the prosecutor gets a say if supervision is granted. While any Judge has the final authority, judges are generally bound by the Attorney General’s policies in criminal cases and by the Secretary of State’s policies in traffic ticket cases. The legislature recently made fixes to the DUI laws that enable people who get supervision for a DUI to expunge the DUI from their record after some time has passed.
This was my attempt at a long needed clear definition of the phenomena of supervision. To be blunt , supervision is not probation or parole. It’s a bad word to use in connection with supervision in traffic and other non-violent matters. When I refer to supervision in Illinois traffic and drunk driving cases, I’m talking the kind that’s like court supervision. Probation is different and supervision is also typically short. Probation, in most states, is when you have to report to a probation officer for a period of time. Supervision is different in that the Judge isn’t in charge of the defendant’s daily life. There is no requirement for a probation officer to check in with the defendant unless there has been an issue such as a new charge or failing to complete the community service ordered as part of Supervision.
We all get supervision as a possible outcome when we have a traffic problem in Illinois or get charged with a criminal matter in Illinois. In a traffic context, the important thing about supervision is that it can only be granted once. If you get supervision twice (or more if it’s on a residential street), that is not the law and the ticket is still open. In a criminal matter, you can get supervision as many times as the court deems appropriate.
The Process of Court Supervision in Illinois
In Illinois, when a case is first taken to court, if the person does not have a prior Chicago criminal conviction, they are immediately eligible to get court supervision over any offense other than a Class X felony.
What does it mean to get court supervision?
Getting supervision is not a guilty plea. In fact, you don’t even have to plead guilty to obtain supervision. Supervision is a special bond that, if completed without any problems, will result in the matter being dismissed. However, if you get in trouble while on supervision the judge can revoke the supervision and enter a conviction and sentence.
The supervision can last for up to two years, but not longer. During that period of time, you can be ordered to do a variety of things, such as community service, pay fines/fees/costs or restitution to a victim or substance abuse treatment. The exact terms will depend on the judge and the circumstances of the case.
Do I Have To Go To Court All The Time If I Get Certified For Supervision?
Not at all. Some courts require you to make status calls to a probation officer who will keep tabs on you rest of your supervision. Some courts don’t make you have contact with probation, but the judge will want to know at the next court date how the supervision is going. It’s important that you report as you are told so that the judge gets the right information and is able to determine that everything is going well.
What If I Get Approved For Supervision, But Don’t Fulfill The Terms?
If you are ordered to comply with a program through supervision and don’t do what you agree to, the judge can revoke the supervision and you’ll be sentenced on the original charges or whatever lesser included charges were agreed to in exchange for your plea. This is a possibility even if you didn’t commit an actual crime. Maybe you went to a meeting but didn’t complete all the requirements. Or your DUI or domestic violence program ran out. If you fail to complete the program(s), the result is not usually fatal to your case.
Why Does the State’s Attorney Offer Supervision?
While some people believe that supervision is a lot like a guilty finding by a judge, they are incorrect. Supervision is a way for the state to get a no bill – which is to say, not have to prove wrongdoing before a judge – against a defendant. In almost every case, what’s happening is that the prosecutor is deciding that they will not win at trial and gaining leverage over you by offering a very low burden on their part.
Is Supervision Ever Denied?
There are some cases where you will not be able to receive supervision. These include:
Does Supervision Happen in Every Type Of Case?
Like any other settlement, supervision is a negotiated agreement. In some cases, the state refuses to do supervision. Some felonies will get it automatically if you have no prior convictions, but for misdemeanors it’s a case by case basis with the state attorney and your attorney.
Who is Eligible for Court Supervision in Illinois?
The types of offenses that usually qualify for court supervision are first-time DUI offenses, possession of small amounts of marijuana (under 10 grams), and petty and misdemeanor offenses. Some more serious crimes may also be eligible for supervision on a first offense if the offender meets certain requirements or if the state’s attorney approves. Offenses that do not qualify include those with mandatory jail sentences. Additionally, even if an offender is technically eligible to receive supervision, the arresting officer may indicate that it is unavailable, based upon why the individual was arrested. Such circumstances can include DUI arrests where the defendant blew a .16 or higher, or a hit and run.
Advantages of Court Supervision
The primary benefit of obtaining supervision is that it results in no conviction. In Illinois, a first time DUI charge is a Class A misdemeanor. The penalties for this include up to one year in jail and up to a $2,500 fine. Court supervision is a type of probationary sentence. With supervision, the judge will place specific conditions on you. These may include things such as driving with a Breath Alcohol Ignition Interlock Device (BAIID), attending certain programs, doing community service or paying fines and costs. Success means that, after you have met the conditions, your case is dismissed and you do not have a conviction on your record. Obtaining supervision results in the best possible outcome in Illinois for a first time arrest for driving under the influence.
Even better, the law has been changed so that if you complete supervision, you can seal the record if you completely refrain from any other convictions or supervision for 2 years. In addition, if you have held a commercial driver’s license and your limited order allows you to drive a commercial vehicle, but you had your commercial driver’s license canceled because of this arrest, after two years of supervision and no other criminal matters, you will be able to obtain a waiver from the Secretary of State to avoid waiting three years to be reinstated in the Commercial Driver’s License Program. Supervision is not available in all Illinois DUI matters. It is a combination of the charge, the facts of the case, your driving record and criminal record, and even the county the case is filed in that will determine whether supervision is available to you.
Implications of a Court Supervision Violation
If after the statutory period of supervision the defendant has complied with all the conditions set forth in the court supervision sentence, then the defendant will be discharged from supervision. However, should the defendant fail to abide by the conditions of supervision, the judge is empowered under 730 ILCS 5/5-6-2(i) to enter a judgment or conviction on the original charge upon a finding of a violation as set forth in the order of supervision. The Illinois statute specifically states: "In the event probation is revoked, the court may impose on the offender any sentence that was available at the time of the initial sentencing, or any lesser term authorized by subsection (a) of Section 5- 6-4 or bulletins issued by the Department of Corrections for probationers and conditional captives." A supervision is different from probation. Supervision is less serious than probation. Probation allows for conviction , whereas supervision does not. With supervision, the defendant remains free to support himself and do not undergo incarceration. If the defendant, however, violates the terms and conditions of supervision, the judge may reevaluate the terms and conditions of supervision or impose a judgement against him or her. A conviction shall be registered as a "conviction" and the case shall be counted as a criminal conviction. In re B.L.R., Minor, 330 Ill. App. 3d 1003 (Ill.App.Ct. 2002). Upon a finding of a violation of supervised release, the judge may order the offender to serve any sentence available for the original charge minus the time spent on supervision. 720 ILCS 5862(i); People v. Peete, 88 Ill. App. 3d 90 (1980). But any adjudication of guilt to an offense will be a conviction. 720 ILCS 5/2-16(b) (West 2004).
Termination and Expiration of Court Supervision
Once the supervision is completed, if all the conditions of supervision have been met, the court will terminate the supervision. In certain circumstances, the State may move to terminate supervision early, but the motion still is granted only if the State can show that all of the conditions of supervision have been met.
The judge will periodically review the case for violations of the supervision terms and whether supervision should be terminated. If the judge terminates supervision, the case will still remain on the court’s record but will be shown as completed. If a supervision period expires without terminating the supervision or filing any violation petitions, the clerk will also terminate the supervision. Although there is no legal basis to do so, in practice, the supervision will terminate one day before the supervision period expires so that the court docket, which must be created in compliance with statute, will not show any "dead time."
As a condition of supervision, the defendant must file an application with the clerk to terminate supervision. The clerk, in turn makes a recommendation to the judge. The judge will review the recommendation but, in practice, the judge will terminate the supervision without a hearing. If they run out of time, the supervising judge will check the status of each case and will set another date for review.
If a supervision is for a class 4, 2nd or 3rd DUI, the defendant is required to submit a summary report to the clerk at the end of the supervision period in order for the court to terminate the supervision. The report must contain a summary of classes taken, UAs, compliance and any other information necessary to show that all conditions of supervision have been met. If the defendant does not submit the report, or the report does not provide enough information for the court to determine whether supervision should terminate, the court will ask the defendant for more information. The court will terminate supervision even without testimony in most supervision cases.
Commonly Asked Questions Regarding Court Supervision
Q: Will I lose my job over a court supervision sanction?
A: In most cases, a court supervision in Illinois is a non-reportable conviction. Generally, the supervision becomes a conviction if you are charged again and then plead guilty. Thus, you would not lose your job because of a court supervision. However, you are unfortunately required to report a criminal conviction to most government jobs, felonies, and some misdemeanors.
Q: Is a battery with no physical contact the same as a traditional battery charge that requires physical contact?
A: No. There are two separate statutes for battery. A battery charge that requires contact – which can be any physical contact whatsoever that is nasty, aggressive, or insulting – is 720 ILCS 5/12-3(a)(1). A no contact battery is like urinating in public, spitting on a person, or throwing a liquid at someone (not water) – it is a 720 ILCS 5/12-3(a)(2) Battery.
Q: Will I have a criminal record if I get court supervision and then am arrested again shortly after?
A: Yes, although maybe not right away. It will always be a conviction if you are charged again and plead guilty. Even if you have court supervision and are charged again , at some point the case will wash out of the system if you successfully complete the terms of supervision. This is rare but it does happen. Generally, it the probation is kept and you will need to request the expungement when you meet the requirements.
Q: Can I get a court supervision for retail theft?
A: A theft of $300 or less would qualify for a court supervision. More serious matters, such as thefts over $300, will result in a felony charge. If you have prior convictions, you may face increased time when sentenced on a subsequent theft charge.
Q: How do you successfully complete court supervision?
A: Usually, you don’t have to do anything. In some jurisdictions, you meet with a probation officer for one hour in which you are told you are either getting an automatic extension or a reprimand. If you have paid all of your fine and any related restitution, you are usually free to go. In the remaining jurisdictions, you are required to actively complete a probation term similar to a short one.
Q: Can I get a court supervision on my first drug charge?
A: Yes, if you are charged with possession of under 30 grams or if the substance was not marijuana. Also, the drugs may not be on the list of illegal substances maintained by the state.