People v. Hammond

This case presents question as to whether section 5-6-4(i) of Code of Corrections, which establishes alternative intermediate sanctions as way of avoiding potential revocation of probation for certain technical, non-felonious violations of probation, is constitutional. Trial court granted defendants' motions to dismiss state's petitions for revocation of probation based on finding that defendants had accepted and completed sanctions that their probation officers had proposed, and Appellate Court rejected State's argument that section 5-6-4(i) was unconstitutional as undue infringement on State's Attorney's function of prosecuting probation violations, as well as trial court's authority over probation proceedings.