NCJ Number
104391
Journal
John Marshall Law Review Volume: 19 Issue: 3 Dated: (Spring 1986) Pages: 547-570
Date Published
1986
Length
24 pages
Annotation
This paper examines supervision for nonfelony offenders, a nonconfining disposition established by the Illinois Code in 1976.
Abstract
A comparison of supervision with probation and conditional discharge notes that supervision does not require reporting or surveillance and can, if the conditions are met, result in charges being dismissed. Areas addressed in a discussion of conditions of supervision include a required written order, restitution, and public service. Procedures that courts must follow if a violation of supervision is discovered are detailed, as are rules and case law governing noncompliance and adjudication of guilt after the supervisory term has ended. Other issues explored include whether a defendant who has not complied with the trial court's orders can be held in contempt and situations in which an offender who does comply with the supervision order can end up with a record of conviction. In this context, the paper discusses whether an individual's completion of a supervisory order is a basis for the following: witness impeachment and admission of testimony, fines and costs, malicious prosecution, and defamation. 157 footnotes.