Rule 402A.Admissions or Stipulations in Proceedings to Revoke Probation, Conditional Discharge or Supervision.

Article IV. Rules on Criminal Proceedings in the Trial Court · Part A. Waivers and Pleas · Last amended 2003 · Last verified July 20, 2026

In one sentenceRule 402A requires the same kind of admonitions, voluntariness finding, and factual basis used for guilty pleas whenever a defendant admits to violating probation, conditional discharge, or supervision, or stipulates that the evidence is enough to revoke it.

Full Text of Ill. S. Ct. R. 402A

Text sizeJump to: (a) (b) (c) (d)

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.

(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.

End

Plain-English Summary

Rule 402A extends Rule 402's protections to a different setting: a hearing to revoke probation, conditional discharge, or supervision. Before accepting an admission that the defendant violated the terms, or a stipulation that the evidence is enough to revoke, the judge must personally address the defendant and confirm understanding of the specific allegations, the right to a hearing with counsel (including appointed counsel if indigent and the underlying offense could carry imprisonment), the right to confront and cross-examine adverse witnesses and present a defense, the state's burden to prove the violation by a preponderance of the evidence, the fact that admitting or stipulating means there will be no hearing at all and so gives up each of those hearing rights, and the sentencing range tied to the underlying offense.

As with a guilty plea, the judge must also find that the admission is voluntary, not the product of coercion or an undisclosed promise, and that a factual basis supports it. If the admission comes with an agreement about how the case will be resolved, that agreement must be stated in open court.

The rule borrows the rest of its structure directly from Rule 402: the provisions on judicial participation in negotiations, the limits on when a judge can indicate a likely disposition, and the rule making failed negotiations inadmissible all carry over to revocation proceedings.

Frequently Asked Questions

How is a probation revocation admission different from a guilty plea under Rule 402?

The setting is different, it involves violating the terms of probation, conditional discharge, or supervision rather than the underlying charge, but the judge must give a similar set of admonitions and make similar findings before accepting the admission.

What must the judge confirm before accepting an admission to a probation violation?

The specific allegations, the right to a hearing with counsel, the right to confront witnesses and present evidence, the state's burden of proof, that admitting or stipulating gives up the hearing itself along with those rights, and the sentencing range for the original offense.

What standard of proof applies at a revocation hearing?

The state must prove the alleged violation by a preponderance of the evidence, a lower standard than the beyond-a-reasonable-doubt standard used at trial.

Is a defendant entitled to appointed counsel at a revocation hearing?

Yes, if the defendant is indigent and the underlying offense is one that could carry imprisonment.

Can the parties reach an agreement about how a revocation petition will be resolved?

Yes, and if they do, the agreement must be stated in open court, following the same procedures that apply to plea agreements under Rule 402.

Committee Comments

(October 20, 2003)

This rule follows the mandate expressed in People v. Hall, 198 Ill. 2d 173 (2001).

Amendment History

Adopted October 20, 2003, effective November 1, 2003.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source

Also known as: probation revocation admission ruleadmit probation violation illinoisconditional discharge revocation hearingstipulation revoke probationrevocation admonishmentssupervision revocation rule