# IL. R. Ct. 402A: Rule 402A. Admissions or Stipulations in Proceedings to Revoke Probation, Conditional Discharge or Supervisions

> Illinois · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R402A

## Section

- **Citation:** IL. R. Ct. 402A
- **Heading:** Rule 402A. Admissions or Stipulations in Proceedings to Revoke Probation, Conditional Discharge or Supervisions
- **Jurisdiction:** Illinois
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** IL Court Rules / Title IV / Rule 402A

## Text

Rule 402A. Admissions or Stipulations in Proceedings to Revoke Probation, Conditional
Discharge or Supervision.
In proceedings to revoke probation, conditional discharge or supervision in which the
defendant admits to a violation of probation, conditional discharge or supervision, or offers to
stipulate that the evidence is sufficient to revoke probation, conditional discharge or supervision,
there must be substantial compliance with the following.
(a) Admonitions to Defendant. The court shall not accept an admission to a violation, or a
stipulation that the evidence is sufficient to revoke, without first addressing the defendant
personally in open court, and informing the defendant of and determining that the defendant
understands the following:
(1) the specific allegations in the petition to revoke probation, conditional discharge or
supervision;
(2) that the defendant has the right to a hearing with defense counsel present, and the right
to appointed counsel if the defendant is indigent and the underlying offense is punishable by
imprisonment;>
(3) that at the hearing, the defendant has the right to confront and cross-examine adverse
witnesses and to present witnesses and evidence in his or her behalf;
(4) that at the hearing, the State must prove the alleged violation by a preponderance of the
evidence;
(5) that by admitting to a violation, or by stipulating that the evidence is sufficient to
revoke, there will not be a hearing on the petition to revoke probation, conditional discharge
or supervision, so that by admitting to a violation, or by stipulating that the evidence is
sufficient to revoke, the defendant waives the right to a hearing and the right to confront and
cross-examine adverse witnesses, and the right to present witnesses and evidence in his or her
behalf; and
(6) the sentencing range for the underlying offense for which the defendant is on probation,
conditional discharge or supervision.
y admitting to a violation, or by stipulating that the evidence is
sufficient to revoke, the defendant waives the right to a hearing and the right to confront and
cross-examine adverse witnesses, and the right to present witnesses and evidence in his or her
behalf; and
(6) the sentencing range for the underlying offense for which the defendant is on probation,
conditional discharge or supervision.
(b) Determining Whether Admission Is Voluntary. The court shall not accept an admission
to a violation, or a stipulation sufficient to revoke without first determining that the defendant’s
admission is voluntary and not made on the basis of any coercion or promise. If the admission or
tendered stipulation is the result of an agreement as to the disposition of the defendant’s case, the
agreement shall be stated in open court. The court, by questioning the defendant personally in open
court, shall confirm the terms of the agreement, or that there is no agreement, and shall determine
whether any coercion or promises, apart from an agreement as to the disposition of the defendant’s
case, were used to obtain the admission.
(c) Determining Factual Basis for Admission. The court shall not revoke probation,
conditional discharge or supervision on an admission or a stipulation without first determining that
there is a factual basis for the defendant’s admission or stipulation.
(d) Application of Rule 402. The provisions of Rules 402(d), (e), and (f) shall apply to
proceedings on a petition to revoke probation, conditional discharge or supervision.

Adopted October 20, 2003, effective November 1, 2003.
Committee Comments
(October 20, 2003)
This rule follows the mandate expressed in People v. Hall, 198 Ill. 2d 173 (2001).
-2-

## Nearby sections

- [IL. R. Ct. 401 Rule 401. Waiver of Counsel](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R401.md)
- [IL. R. Ct. 402 Rule 402. Pleas of Guilty or Stipulations Sufficient to Convict](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R402.md)
- [IL. R. Ct. 402A Rule 402A. Admissions or Stipulations in Proceedings to Revoke Probation, Conditional Discharge or Supervisions](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R402A.md)
- [IL. R. Ct. 403 Rule 403. Pleas and Waivers by Persons Under 18](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R403.md)
- [IL. R. Ct. 404 Rule 404. Application for Waiver of Court Assessments](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R404.md)
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- [IL. R. Ct. 414 Rule 414. Evidence Depositions](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R414.md)
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- [IL. R. Ct. 430 Rule 430. Trial of Incarcerated Defendant](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R430.md)
- [IL. R. Ct. 431 Rule 431. Voir Dire Examination](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R431.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIV_R402A. Check the current official text before relying on it. Not legal advice.
