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IL HB4422

IL HB4422
2ND CHANCE PROBATION&WEAPONS


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Unified Code of Corrections. Provides that the conditions of Second Chance Probation that the defendant: (1) make full restitution to the victim or property owner; (2) obtain or attempt to obtain employment; (3) pay fines and costs; (4) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program; and (5) perform community service are discretionary conditions of the probation (rather than mandatory conditions). Eliminates the provision that the defendant submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Provides that the determination of the length of the First Time Weapon Offense Program, as determined by the court, shall be at the recommendation of the Program administrator and with the input from the State's Attorney and defense counsel (rather than determined by the court at the recommendation of the Program administrator and State's Attorney). Deletes provisions that the State's Attorney must consent to the defendant's sentencing to Second Chance Probation or to the First Time Weapon Offense Program.

AI Summary

This bill modifies two probation programs in Illinois: Second Chance Probation and the First Time Weapon Offense Program. For Second Chance Probation, several conditions that were previously mandatory, such as making restitution, seeking employment, paying fines and costs, attending educational or vocational programs, and performing community service, are now discretionary, meaning a judge can choose whether to impose them. The requirement for defendants to undergo mandatory drug testing is eliminated. For the First Time Weapon Offense Program, the length of the program will now be determined by the court with input from the program administrator, the State's Attorney (prosecutor), and the defense attorney, rather than solely by the court based on the program administrator and prosecutor's recommendation. Crucially, this bill removes the requirement for the State's Attorney's consent for a defendant to be sentenced to either Second Chance Probation or the First Time Weapon Offense Program, allowing judges more discretion in offering these diversionary programs to eligible individuals.

Sponsors (1)

Last Action

Referred to Rules Committee (on 01/14/2026)

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