People v. Hammond 

Illinois Appellate Court
Criminal Court
DUI
Sentencing
Citation
Case Number: 
Nos. 4-08-0651 and 4-08-0652
Decision Date: 
Monday, February 22, 2010
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed.
Justice: 
APPLETON
Presumption of constitutionality of Section 5-6-4(i) of Unified Code of Corrections, which establishes alternative of intermediate sanctions to avoid potential probation revocation for technical violations of probation, has not been overcome. No separation of powers violation presented by statute, because judicial branch, through its probation officers, is exercising its own power, which is not the power of the State's Attorney, to offer intermediate sanctions, thus no infringement on powers of executive branch. Plain meaning of statute is that a defendant's completion of intermediate sanctions offered entitles him or her to dismissal of petition for revocation of probation, without exception.