As amended through September 23, 2024
Rule 36.10 - ENFORCEMENT OF PROBATION(a)Definitions and Abbreviations. The following definitions and abbreviations shall apply to proceedings pursuant to this Rule: (1) Probation Offense: The offense for which a person is sentenced to probation.(2) PTM: Petition to Modify.(3) PTR: Petition to Revoke.(4) PVN: Probation Violation Notice.(5) Special Report: Any communication to the Court by a probation officer except a PVN or Follow-up Form. (6) Violation Offense: An offense committed while on probation in violation of the rules of probation.(7) Program: The Administrative Sanctions Program of the 18th Judicial Circuit, adopted pursuant to 730 ILCS 5/5-6 -1.(b)Policy of Court. It is the policy of this Court that every sentence order of judgment entered be enforced. This includes full compliance with each and every term and condition of probation. Strict compliance is expected. The provisions of Rule 36.10 shall apply in every case in which there is reason to believe an offender has violated or failed to comply with one or more of the terms or conditions of the offender's probation. Technical violations of probation shall be addressed through the Program. Nothing herein should be construed to prevent the discharge of a probationer by the Court upon substantial compliance with probation or for other good cause shown.(c)Probation Violations. (1) Violations shall be classified as follows:(iii) Traffic: Any violation of the Vehicle Code of this or any other state and any comparable municipal ordinance.(iv) Technical Violation: Violation of the court order, which does not constitute a violation of any state statute, federal code or local ordinance.(2) Any violation or combination of violations of an offender which fall under more than one classification shall be governed by the procedures for processing the more serious of the violations.(3) When any felony, misdemeanor or traffic violation requiring court action comes to the attention of the probation officer, the substance of the violation shall be reduced to writing and submitted to the sentencing judge, or any judge sitting in the sentencing judge's stead, the State's Attorney and the defendant in accord with such procedures as may from time to time be provided by administrative order of the Chief Judge. (4) When any technical violation comes to the attention of the probation officer, the defendant shall be given the option to enter the Program. If the defendant elects not to enter the Program, the probation officer shall follow the above procedures for a PTM or PTR.(5) At the time of any court appearance pursuant to Rule 36.10, if a previously unreported violation has occurred, if there is a change in status or if there are any matters to which the Court's attention should be drawn, the probation officer shall provide notice of same to the Court, attorneys and the defendant. Oral reports may be made if there has been insufficient time to prepare a written report. (c)Probation Violation Notice. A PVN shall issue in the following circumstances: (1) Upon any subsequent violation after adjudication on a PTR where justified by the severity or frequency of the violation unless ordered otherwise by the Court.(2) The probationer has violated any condition of probation and appears to be a danger to others.(3) The probationer has fled or has violated any condition of probation and is about to flee the jurisdiction of the Court.(4) The probationer is involved in a multiple violation of probation indicating a total disregard for his or her probation.(d)Modification of Probation. At any time a probationer is otherwise required to appear before the Court, the conditions of probation should be reviewed for possible modification by the Court in order to conform the conditions of probation with current practice, eliminate conditions upon which there has been compliance and otherwise update the conditions. If modification appears to be appropriate, a written special report should be submitted to the Court with copies to the State and the probationer.Ill. R. Cir. Ct. Dupage Cnty. 36.10