What is Court Supervision?
Court supervision is often misunderstood to mean that a defendant will have a "supervision" put on them by the court, or that the court will actually remove certain rights from them. While that is a somewhat common outcome of court supervision, what it means generally is this: if you get charged with certain crimes and then you complete certain requirements of that charge, the person will be deemed to be clinically rehabilitated and the court will have supervised their outcome. Thus, supervision can be thought of as a way for the state to monitor individual progress through rehabilitation programs or other requirements of their charge or sentence. A violation of supervision normally results in a brand new criminal charge – the violation of supervision.
Supervision is structured in many different ways. When the court determines that an individual will be subject to supervision , it places various requirements on the individual that usually involve individual rehab programs that the defendant must complete within a certain time frame. Requirements may include:
Not all cases are eligible for supervision. Certain charges out of the circuit courts are not eligible for supervision, including felonies that could result in a possible penitentiary sentence. The idea behind using supervision is that, if a defendant has the right supports and is willing to follow certain steps directed by the court, the defendant can have the opportunity to avoid a conviction on said charge by completing a rehabilitation program and following all the court’s requirements. Furthermore, since the charge is not a conviction, the defendant avoids the collateral consequences of a conviction.
The court takes supervision and the conditions of supervision very seriously. The probation department regularly checks in on individuals and requires that they show verification of their compliance with the court’s requirements.
The Process of Court Supervision
Once someone has been convicted of a traffic offense or some other crime, they are eligible to have a sentence of court supervision instead of a conviction. Certain crimes allow for court supervision even if someone has been convicted, such as certain non-traffic misdemeanor and felony offenses, but this provision does not apply to traffic offenses handled in traffic court, which include DUI, Reckless Driving, and many others.
In certain courts, however, a person is not allowed to request supervision. In Chicago, the Cook County Circuit Court Criminal Division calls their court supervision "probation." They do not allow probation to be requested because the judges have a policy against granting it. Although, in the suburban circuits outside of Chicago, the defendant’s attorney is usually able to ask for court supervision.
In order for a judge to grant supervision, in most courts, the judge must find that it is appropriate. In most petty offense traffic cases, a judge usually will grant supervision on a first offense without any objection from the prosecutor.
Technically, you are eligible if you have not been sentenced to supervision at any court in the United States. This means that court supervision in another state can make you ineligible for court supervision in Illinois.
You are only automatically eligible if it is a petty offense, such as most traffic offenses, such as speeding, seat belt violations, not having insurance, etc.
In these petty offenses, the judge is required to consider your request for supervision. The petitions are usually on a pre-approved form in a traffic court. In the form you must state your prior criminal record, prior traffic violations, and a brief statement of why you are requesting court supervision. It is usually best to list what you did wrong and how you intend to avoid doing it again. You should also list everything you have done right, such as taking a traffic school class or any other actions to correct your behavior.
The probation you must comply with is generally contained in an order. You may be required to pay supervision fees or other fees. You could also be required to generally obey the law.
There are many Illinois agencies that supervise probation. These include state and county courts, the federal government, and other various agencies.
The court plays an active role in monitoring a supervisor’s compliance with the terms of the supervision. The court will receive notices from the supervising agency about whether the person has been compliant with the terms of supervision. If they have been non-compliant, the court can revoke or terminate supervision.
The Pros and Cons of Court Supervision
Court supervision offers numerous benefits to both the offender and society as a whole. When properly conducted, it results in satisfaction for all parties concerned. The offender is given a second chance at freedom without a criminal record; the court retain’s its jurisdiction so that, in the event of a technical violation, the case does not need to be re-adjudicated; and the public’s need for protection is maintained.
Research shows that supervision works to lower recidivism rates. Individuals who are under supervision generally spend less time behind bars, and this reduction in time can help offenders secure better housing and post-release recovery plans. In the long run, this can help them avoid a return to prison.
The use of supervision has not been without controversy, however. Some question its effectiveness. The critics cite research showing that certain types of supervision—especially those involving home confinement with electronic monitoring and intensive supervision with or without surveillance—actually lead to higher recidivism rates than for offenders who receive no supervision at all. They argue that the types of programs should not be used and suggest dropping supervision altogether.
There is another possible solution, of course: fine-tuning community supervision programs so that the positive benefits can be enjoyed by all offenders.
Common Offenses Resulting in Court Supervision
Not all offenses lead to supervision, especially when they are merely traffic offenses or first-time, minor drug offenses. However, there are many common offenses that will leave a judge with the discretion to issue supervision versus a conviction. While there may be different possible outcomes in a supervision case, the most commonly seen possible judgments in a supervision case are guilty finding, not guilty finding, term of supervision, and conviction. In misdemeanor cases, courts have held that a defendant cannot enter into a stipulated or agreed supervision order because an admission must be made. In felony cases, courts have been willing to accept an agreed upon supervision judgment.
Common offenses leading to supervision tend to be misdemeanors such as retail theft, trespass to land/fencing, DUI, manufacture or delivery of less than 15 grams of a controlled substance, theft or obtaining control over stolen property, forgery, obstructing justice/obstructing identification, retail theft, and other similar violations. Most of these offenses will not involve a sending of a person to prison if they accept supervision, as that would require a felony offense.
If there is supervision for a felony offense, it is often a lesser offense than what has been charged, such as a reduced charge or an attempt to commit a felony. Frequently, supervision for felony offenses occur for drug charges involving manufacturing or delivery of drugs. A felony for manufacture and delivery of drugs will max out at four years if someone is convicted, so a term of supervision is substantially less severe than a prison sentence. These sorts of things happen when a person has never gotten into trouble before and was arrested through an undercover sting operation.
Court Supervision vs. Probation
Court supervision differs from probation in several important ways. First, court supervision is a term for supervision that is imposed for a conviction of an offense that is relatively minor in nature. Typically, more serious offenses will lead to a probationary sentence where supervision is not an option. Also, the conditions that are required by the court are different. While probation is typically like supervised parole, with the conditions being quite similar, court supervision conditions tend to be less intensive. Common conditions imposed for court supervision can be as simple as committing no further offenses during a period of time or completing a period of community service. However, the conditions of supervision can be much more intensive . They can include mental health or substance abuse treatment, participation in an education program or maintaining residence at a substance abuse or mental health facility. The big difference is that the conviction will not be expunged upon completion of the court supervision period. A conviction does not simply and automatically fall off your record. You will need to have your record cleared through a Motion to Vacate Supervision and Have Conviction Set Aside. Simply completing supervision does not clear your conviction from the record. A person is eligible for court supervision up to five times over their lifetime. Also, court supervision is available for many offenses, even some felonies. There are even some aggravated felonies that will allow court supervision.
Successfully Completing Court Supervision
There is a misunderstanding by people accused of DUI that in order to get Court Supervision that they have to have a certain blood alcohol level when they are arrested. This is not true, and is not a requirement in order for the Court to be able to find that the defendant is eligible for Court Supervision.
In order for the Court to find a person eligible for supervision, the Court has to find that there are mitigating factors. Those mitigating factors include an extremely low amount of alcohol in the person’s system, the absence of any other aggravating factors such as crash and/or injury to another person, and that the person does not have a previous conviction for DUI or Reckless Driving. The most common types of mitigating factors are a low blood alcohol level Special and Super Aggravated sentencing statues exist for a repeat offender. If you are found eligible for Court Supervision then the Court supervises your compliance and fees you pay according to your specific case. As a general rule, the Court will order you to complete a minimum of 20 hours of Alcohol and Drug Education/Traffic Safety School within the 1 year you are supervised. You will also be required to file proof of insurance for 3 years, make financial restitution for any crash related expenses, and preferably, complete substance abuse treatment (if recommended) and have a current Substance Abuse Evaluation completed through an Illinois licensed evaluator. You will also have to attend monthly court calls to verify your attendance at all requirements ordered by the Court. Additionally, the Court will assign you to a specific probation officer who will monitor your successful and timely completion of your Court Supervision.
Legal Assistance and Resources for Court Supervision
Individuals placed under court supervision, whether it be community control (commonly known in Florida as "probation" or "house arrest"), bond supervision (pre-trial release), or supervised release (post-conviction), depend on the advice and direction of their attorneys. Once the legal defense is closed, however, things can get murky: not all criminal defendants have the financial means to continue to afford legal assistance after their case has ended. Fortunately, there are many other legal resources and support organizations out there to help the supervised individual navigate their new landscape and avoid trouble down the line.
In terms of legal resources, the first step is to contact the local bar association for your state. Most bar associations provide a lengthy list of legal assistance and referral services, including free clinics where you can receive legal advice on your situation. Many local organizations also provide support groups for individuals on supervision and their families and friends, if you would like to meet people who can understand what you are going through. Some churches or religious organizations also offer help to individuals with legal issues , including support groups, legal advice, job training and housing assistance. Check to see if your church or parish provides these resources.
If finances are still tight after you have finished with your criminal case and if you are still struggling to stay on supervision, government programs can help you out. The Florida Reintegration Support Network is designed for the transition from incarceration to the community, but it can also be used for those still under supervision. This program helps with housing, employment, substance abuse counseling, transportation, and family relationship issues. Depending on the circumstances, you may be eligible for help from the state of Florida’s Office of Rehabilitation Services, which can work with you on finding a job, healthcare, housing and possibly other forms of financial assistance.
No matter what’s going on in your life, there will be people and organizations who can help. As long as you approach everything carefully and informed, you’ll be sure to come out ahead in the long run.