Court Supervision Law and Legal Definition
The term Court supervision has distinct meanings in law. It can refer to being under the inspection of the court or being subject to court supervision.
For example the assignee, named and qualified under C.R.S. 6-10-107 in respect of the property in his hands, will be at all times subject to the order and supervision of the court or its judge.[ Taub v. McClelland-Colt Com. Co., 10 Colo. App. 190, 194 (Colo. Ct. App. 1897)]
C.R.S. 19-3-209 says “An individual case plan, developed with the input or participation of the family, is required to be in place for all abused and neglected children and the families of such children in each case which is opened for the provision of services beyond the investigation of the report of child abuse or neglect, regardless of whether the child or children involved are placed out of the home or under court supervision.”
Again “Court Supervision” is a sentencing disposition which is made after a guilty plea or a finding of guilt after trial. Court supervision is available in all traffic cases, petty offense cases and most misdemeanors but is not available in felony matters. The concept of Court Supervision is like a continuance, pending the defendant's good conduct, with dismissal of the charges upon acceptable compliance. At the conclusion of the period of supervision, if the court finds that the defendant has successfully complied with all the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.
If the conditions are complied with, the conviction does not become a part of the record. There is no absolute right to Court Supervision. The Court exercises its discretion as to whether court supervision should be granted or not. The Court considers the circumstances of the offence, history, character and condition of the defendant and whether best interests of justice are served while determining whether court supervision should be granted or not.
730 ILCS 5/5-1-21 defines supervision as follows:
"Supervision" means a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.
730 ILCS 5/5-6-1 says
“**** (c) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant, if the defendant is not charged with: (i) a Class A misdemeanor, as defined by the following provisions of the Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section 24-1 [720 ILCS 5/11-9.1; 720 ILCS 5/12-3.2; 720 ILCS 5/12-15; 720 ILCS 5/26-5; 720 ILCS 5/31-1; 720 ILCS 5/31-6; 720 ILCS 5/31-7; 720 ILCS 5/21-1; 720 ILCS 5/24-1]; (ii) a Class A misdemeanor violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act [510 ILCS 70/3.01, 510 ILCS 70/3.03-1, or 510 ILCS 70/4.01]; or (iii) a felony. If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that:
(1) the offender is not likely to commit further crimes;
(2) the defendant and the public would be best served if the defendant were not to receive a criminal record; and
(3) in the best interests of justice an order of supervision is more appropriate than a sentence otherwise permitted under this Code.
(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code [625 ILCS 5/6-303] committed while his or her driver's license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961 [720 ILCS 5/9-3], relating to the offense of reckless homicide, or a similar provision of a law of another state.
(d) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance or any similar law or ordinance of another state; or
(2) assigned supervision for a violation of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance or any similar law or ordinance of another state; or
(3) pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation of Section 11-503 of the Illinois Vehicle Code [625 ILCS 5/11-503] or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
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Legal Definition list
- Court Security Officer [CSO]
- Court Rules
- Court Restructuring
- Court Required Report (Guardianship)
- Court Representative (Guardianship)
- Court Supervision
- Court Training and Improvements Program [Department of Justice]
- Court Visitor (Guardianship)
- Court-Annexed Arbitration
- Court-Based and Court-Related Personnel
- Court-Designated Worker [Juvenile Law]
Related Legal Terms
- Administrative Office of the U.S. Courts
- Administrative Office of the United States Courts (AO)
- Admiralty Court/Maritime Court
- Adult Court Transfer
- Article I Courts
- Article III Courts
- Assize Courts
- Association for Supervision and Curriculum Development [ASCD]
- Automobile Dealers Day in Court Act
- Basel Committee on Banking Supervision
