Can State's Attorney File a Motion to Change Probation Terms ?
In People v. Birt, 274 Ill. App. 3d 805, 655 N.E.2d 321, 211 Ill. Dec. 418 (1995), the State's Attorney filed a motion to modify the terms of the defendant's probation.
The defendant argued that the trial court committed reversible error in granting the State's motion to amend the conditions of his probation because section 5-6-4(f) did not give the State's Attorney the authority to file such a motion.
At that time, section 5-6-4(f) provided that the "conditions of probation, of conditional discharge and of supervision may be modified by the court on motion of the probation officer or on its own motion or at the request of the offender after notice and a hearing." 730 ILCS 5/5-6-4(f) (West 1992).
The Fourth District disagreed, noting that because "a motion to amend probation constitutes a continuation of a criminal case, the People of the State of Illinois continue to be represented by the State's Attorney concerning such a motion." Birt, 274 Ill. App. 3d at 808, citing 55 ILCS 5/3-9005(a)(1) (West 1992).
"We suggest this point is so basic that the legislature did not deem it necessary to mention the State's Attorney as among those who could file a motion pursuant to section 5-6-4(f) of the Code." Birt, 274 Ill. App. 3d at 808.