§ 30-196. Penalties.

(a)

Generally. Any person found guilty of an offense shall be subject to a fine not in excess of an amount as provided in section 1-16 or a period of conditional discharge not to exceed one year.

(b)

Conditions. The conditions of conditional discharge shall include that the defendant not violate any criminal statute or quasi-criminal ordinance of any jurisdiction and report to and appear in person before such person or agency as directed by the court. The conditions of conditional discharge may, in addition, require that the defendant pay a fine not in excess of an amount as provided in section 1-16; and:

(1)

Work or pursue a course of study or vocational training;

(2)

Undergo medical or psychiatric treatment or treatment for drug addiction or alcoholism;

(3)

Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss; and

(4)

If a minor, reside with his parent or in a foster home, attend school, attend a nonresidential program for youth, or contribute to his own support at home or in a foster home.

(c)

Payment of restitution and reparation. When a court orders restitution or reparation as a condition of conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have been satisfied, the court at any time prior to the expiration or termination of the period of conditional discharge may impose an additional period of not more than two years. Only the conditions of payment shall continue to apply during such additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions and to revoke the penalty of conditional discharge if the conditions of payment are violated during such additional period.

(d)

Violation, modification and revocation of conditional discharges. Conditional discharges are violated, modified or revoked according to the following procedures:

(1)

The conditions of conditional discharge may be modified by the court on motion of the village or on its own motion or at the request of the offender after notice to the defendant and a hearing.

(2)

When a petition is filed charging a violation of condition, the court may order a summons to the offender to appear or order a warrant for the offender's arrest where there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons.

(3)

The issuance of such warrant or summons shall toll the sentence of conditional discharge until the final determination of the charge, and the term of conditional discharge shall not run so long as the offender has not answered the summons or warrant.

(4)

The court shall conduct a hearing of alleged violation. The court may admit the offender to bail pending the hearing. At hearing, the village has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. The evidence shall be presented in open court with the right of confrontation, cross examination and representation by counsel.

(5)

If the court finds that the offender has violated a condition at any time prior to the expiration of termination of the period, it may continue him on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of initial penalty.

(6)

A conditional discharge shall not be revoked for failure to comply with conditions of a sentence which imposes financial obligations upon the offender unless such failure is due to his willful refusal to pay.

(7)

A judgment revoking probation or conditional discharge is a final appealable order.

(Code 1978, § 10-4-2-3; Code 1997, § 50-188)