Every day, defendants are granted court supervision in Kane County and other court circuits. But how does the state monitor someone on probation in Australia?
Jefry Sutjito, 24, pleaded guilty to felony attempted sexual assault of a co-worker while on a business conference and received two years of conditional discharge, a stricter form of probation.
His attorney, Don Zuelke, appeared in Kane County court last month to update Judge Clint Hull on his client's progress, records show.
Sutjito, who was born in Indonesia and now lives in Melbourne, was originally charged with criminal sexual assault, a felony that carries a punishment of anywhere from probation to 15 years in prison.
Authorities accused him on Sept, 28, 2012, of entering the room of a co-worker, who also was in her 20s and was intoxicated, and having sex with her while the two were at a monthlong training session at the Q Center in St. Charles.
Sutjito's family posted $50,000 bond, the required 10 percent of a $500,000 bail, after he spent two days at the county jail. He pleaded guilty in February 2012 to attempted criminal sexual assault, a felony that carries a sentencing range from probation to seven years in prison, according to court records.
Pam Monaco, the Kane County assistant state's attorney who handled the case, said Sutjito was extremely remorseful and confessed immediately to authorities.
"He wanted to try and make amends," she said, adding that Sutjito is seeing a therapist.
Kane prosecutors could have taken the case to trial, but it would have been expensive to bring the victim back to the states from Australia. Sutjito, who was college-educated with no previous criminal record, also was cooperating.
In most cases, defendants who violate probation can be hauled back into court and can be resentenced to the penalties they originally faced, including prison.
But if Sutjito violates probation, Kane County authorities just can't have him brought here to face up to seven years in prison because Australia does not have an extradition treaty with the United States, Monaco said.
"It worked out in this case because we have a very honorable defendant who is doing this voluntarily," Monaco said. "(But) we need some sort of international treaty."
The only recourse for Kane prosecutors if Sutjito violates probation is to issue a warrant for his arrest that probably would only be enforceable if he come back to the U.S. to visit his relatives on the East Coast.
In the meantime, Australian authorities are in contact with Sutjito's defense attorney Zuelke, who must provide update to the judge. Zuelke did not return phone messages.