Supervision: Can I Get It?

Supervision. I always urge clients to understand the potential outcome of their cases.  Especially, when this is the first time a client has been charged with a crime.  Understanding goes beyond simply jail time or a fine.  In Illinois, the most common dispositions for a criminal or traffic matter are supervision, probation, conditional discharge, periodic imprisonment, imprisonment, a fine, and restitution. 730 ILCS 5/5-5-3(b).

After I explain the possible dispositions to my clients, many clients want supervision because, under Illinois state law, it does not constitute a “conviction” or a “sentence.” If my client receives supervision and completes it successfully, then the court will dismiss the charge and my client will not have a conviction on his record.  However, under 730 ILCS 5/5-6-1(c), a defendant who is charged with a felony or any of the Class A misdemeanor offenses is not eligible for supervision:

1. Sexual exploitation of a child (720 ILCS 5/11-9.1)
2. Domestic Battery (720 ILCS 5/12-3.2)
3. Criminal Sexual Abuse (720 ILCS 5/12-15)
4. Criminal Damage to Property When Done Recklessly or Knowingly by Means of Fire or Explosives (720 ILCS 5/21-1(1)(b),(c))
5. Unlawful use of certain weapons (720 ILCS 5/24-1(a)(1),(2), (3),(4),(5),(8),(10),(11)))
6. Retail theft when defendant convicted or placed on supervision for retail theft within last five years (720 ILCS 5/16A-3); see 730 ILCS 5/5-6-1(e) for the specific provision.
7. Resisting or obstructing a peace officer or correctional institution employee (720 ILCS 5/31-1)
8. Escape of failure to report for periodic imprisonment (720 ILCS 5/31-6)
9. Aiding escape (720 ILCS 5/31-7)
10. A Class A Misdemeanor violation of Section 3.01 or 4.01 of the Humane Animals Act.
11. Section 5-6-1 also lists a number of Vehicle Code Offenses for which supervision cannot be given.

Importantly, there are other traffic and criminal offenses that a person cannot receive supervision for. For example, a defendant is not eligible for supervision if he has been charged with driving under the influence of alcohol or drugs (625 ILCS 5/11-501) and the defendant has prior conviction or assigned supervision for a violation of 625 ILCS 5/11-501.

Most importantly, for client’s with a heavy right foot, under 730 ILCS 5/5-6-1(k), a defendant is not eligible for supervision if he is 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 last 12 months preceding arrest, he was given supervision on 2 occasions for a violation for similar provisions.