The opinion of the court was delivered by: Rapp, Justice:
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS
Appeal from the Circuit Court of Du Page County.
Honorable Ann Brackley Jorgensen, Judge, Presiding.
Defendant, Douglas J. Taube, appeals from a finding of a violation of probation under section 5--6--4 of the Unified Code of Corrections (Corrections Code) (730 ILCS 5/5--6--4 (West 1996)) and a sentence of four years in the Department of Corrections. The trial court denied defendant's motions to reconsider both the finding of a violation and the sentence.
On January 12, 1995, defendant pled guilty to two counts of criminal sexual assault in violation of section 12--13 of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/12--13 (West 1996)). The victims of these offenses were defendant's two adopted sons, P.T., age 10, and A.T., age 8. Defendant had been charged in a five-count indictment. The indictment included three counts of aggravated criminal sexual assault, in violation of section 12--14(b)(1) of the Criminal Code (720 ILCS 5/12--14(b)(i) (West 1996)), a Class X felony. The indictment also included two counts of aggravated criminal sexual abuse, in violation of section 12--16(b) of the Criminal Code (720 ILCS 5/12-- 16(b) (West 1996)), a Class 2 felony. Following a plea agreement, the State amended two of the counts to criminal sexual assault, a Class 1 felony. The remaining counts were nol-prossed and dismissed.
The trial court advised defendant that, pursuant to section 5--5-- 3(c)(2)(H) of the Corrections Code (730 ILCS 5/5--5--3(c)(2)(H) (West 1996)) he was not eligible for the probation proposed unless he agreed to accept, as a condition of probation, the counseling provisions of section 5--5--3(e) of the Corrections Code (730 ILCS 5/5--5--3(e) (West 1997)).
Section 5--5--3(e)(1) of the Corrections Code provides in pertinent part:
"In cases where prosecution for criminal sexual assault or aggravated criminal sexual abuse under Section 12--13 or 12--16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and may impose a sentence of probation only where:
"(1) the court finds (A) or (B) or both are appropriate: "(A) the defendant is willing to undergo a court approved counseling program for a minimum duration of 2 years; or "(B) the defendant is willing to participate in a court approved plan including but not limited to the defendant's: "(i) removal from the household; "(ii) restricted contact with the victim; "(iii) continued financial support of the family; "(iv) restitution for harm done to the victim; and "(v) compliance with any other measures that the court may deem appropriate[.]"
730 ILCS 5/5--5--3(e)(1) (West 1996).
The defendant indicated he understood these provisions and agreed to abide by them as a condition of his sentence of probation. Probation was granted, concurrent on each count, and the order specifically provided the following special terms which are applicable to the issues raised in this appeal:
"48 months probation; 9 months of work release; obtain a sexual offender evaluation and complete all counseling & treatment recommended by Prob Dept [sic]; ***; any counseling program must be for a minimum of 2 years; ***; no unsupervised contact with [the victims] ***; pay costs of any counseling for the victims."
In the 27-month period between January 12, 1995, the date of sentencing, and April 10, 1997, the date of the hearing on the petition to revoke probation, defendant appeared before the court on 16 separate occasions.These appearances were required by defendant's multiple attempts to modify the terms ...