People v. HammondAnnotate this Case
One appellate court rejected an argument that the probation officers in defendant's case lacked authority to file petitions alleging violation of probation and seeking revocation of probation. In another district, the court rejected the state's argument that 730 ILCS 5/5-6-1, which allows the chief circuit judge to adopt intermediate sanctions for probation violations and allows probation officers to impose intermediate sanctions instead of filing a violation, violates separation of powers by infringing on the executive branch, specifically, state's attorneys in prosecuting probation violations. The Supreme Court consolidated and affirmed. Probation officers possess authority to file petitions charging a violation of probation; the statute does not give a state's attorney power to "veto" a probation officer's decision to offer intermediate sanctions, so long as the sanction requirements are timely completed, and that construction does not violate separation of powers principles.