Overview of the Adult Probation Supervision Process

A term of probation starts with either a guilty plea or a conviction. The judge will typically work with the Assistant State's Attorney and the Assistant Public Defender or defense counsel to set conditions of probation and any other special considerations for the term of supervision. Upon sentencing, a representative of the Adult Probation Department in the courtroom will provide the individual with their assigned probation officer and their first report date.

At the first report date, the assigned probation officer will conduct a guided interview with the individual that covers several different domains. The interview is used to score the department's risk and needs assessment, the Adult Risk Assessment (ARA). The probation officer will use the results of the assessment to set a reporting frequency, guide programming and referrals, and develop a supervision plan.

The supervision plan is a collaborative effort between the individual and the probation officer to identify goals and objectives to work towards during the term of probation. The supervision plan is updated regularly with input from the individual as objectives are completed. The assigned probation officer may regularly report on the individual's progress to the court. As part of the supervision plan, the probation officer may make referrals to services that are not included as special conditions, but that may help the individual work towards goals and objectives.

One of the main elements of the probation process is compliance with conditions of probation. The assigned probation officer will work with the individual to keep them on track and provide support and referrals. If the individual is not reporting to their officer as required or making progress on their conditions, the officer may respond to non-compliance with an administrative sanction or by filing a petition to violate probation. Sanctions allow the department to work with individuals outside of a court setting to get them back into compliance. A violation of probation results in a court hearing to determine whether the violation will move forward and to determine any sanctions.

Violations of probation may result in sanctions like additional special conditions or incarceration in the Cook County Jail. Depending on the type of violation, the judge may also revoke probation and resentence the individual to prison time, jail time or a new term of probation.

As the scheduled termination date approaches, the assigned officer will report back to the court on the status of any special conditions. At the scheduled termination hearing, the court will review progress on conditions, reporting history and compliance with probation. The judge will determine whether probation was completed satisfactory or unsatisfactory. Unsatisfactory termination of probation may result in other legal consequences, including making an individual ineligible for diversion programs in the future.

A probation sentence will typically include two types of conditions: standard conditions that are required by law and special conditions that a judge may order based on the circumstances of an individual case. Some special types of probation have both mandatory and optional conditions that must be completed to receive the legal benefits of that probation (including having charges dismissed or a conviction vacated).

Standard conditions include:

• Report to Adult Probation
• Pay required reporting fees
• Pay fines, fees and court costs
• Do not violate the criminal statute of any jurisdiction
• Do not possess a firearm or other dangerous weapon
• Notify Adult Probation of any address change
• Do not leave the state of Illinois without approval
• Comply with reporting and treatment requirements
• Submit to DNA indexing (felony convictions only)

Special conditions include, but are not limited to:

• Pay restitution
• Obtain or maintain employment
• Attend school
• Submit to random drug testing
• Perform community service
• Attend cognitive behavioral programming
• Complete a behavioral health evaluation
• Complete behavioral health treatment
• Register as an offender on any specified registry lists
• Observe a curfew

Violations of probation (VOPs) typically occur when an individual is failing to make sufficient progress on their conditions or is otherwise out of compliance with their supervision. In many cases, the assigned probation officer will work with the individual to identify and address barriers to compliance before a VOP is filed with the court. This may include the use of the department's administrative sanction process, which allows the individual and the assigned officer to agree on a sanction and develop a plan to get into compliance with the terms of probation. However, some circumstances require a VOP to be filed with the court.

When a VOP is being filed, the assigned officer creates a petition to violate that includes allegations of non-compliance and any steps taken to address these issues. A letter is sent to the individual notifying them of a scheduled court date that requires their appearance. At this hearing, the Assistant State's Attorney will decide whether to pursue the violation and the judge will decide whether to allow the violation to proceed. There may be additional court hearings scheduled to give the individual opportunities to get back into compliance before a sanction is issued. If the individual demonstrates progress, the violation may be withdrawn. If sufficient progress is not made, the judge may issue a sanction, which can include revocation of probation.

The department's administrative sanction process is meant to promote accountability outside of the formal court process. Department policy allows officers to modify reporting frequency, drug testing frequency, or to take other actions to sanction non-compliance. Officers also try to work with individuals to address barriers to compliance to avoid further sanctions.

When you are sentenced to probation, you will be given information about when and where to report for your first appointment. Assignments to a probation officer are usually made based on the ZIP code where you live, which may be different from the courthouse where you were sentenced. To best prepare for your first appointment with your probation officer, you should bring:

• A current, valid photo ID (driver's license, passport, state ID, military ID, school ID, etc.)
• Any paperwork you were given in court when you were sentenced to probation (sentencing order, list of special conditions, other signed agreements, etc.)
• Documents that verify your address (utility bills, copy of a lease, mortgage agreement, property tax statements, etc.)
• Documents that verify your employment (pay stubs, official schedule, letter from your employer on letterhead, etc.)
• Documents that verify your school enrollment (class schedule, enrollment paperwork, etc.)
• Documents that verify your treatment enrollment (intake paperwork, letter from your treatment provider on letterhead, etc.)

For ongoing appointment with your probation officer, you should bring any documents that verify updates to your address, employment, school enrollment, or treatment enrollment. Your officer may also ask you to bring verification of steps you have taken towards completing special conditions, like community service, counseling sessions or offender registration (if required).