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90_HB2851
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
Amends the Unified Code of Corrections. Requires timely
payment of child support obligations as condition of
participation in a diversion program for certain persons on
parole or mandatory supervised release, as a condition of
parole or mandatory supervised release, as a condition of
probation or conditional discharge, and as a condition of
supervision. (Now, providing financial support to dependents
is a required condition of participation in the diversion
program and may be required as a condition of participation
in the other programs.)
LRB9009416DJcd
LRB9009416DJcd
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-2-2, 3-3-7, 5-6-3, and 5-6-3.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended
6 by changing Sections 3-2-2, 3-3-7, 5-6-3, and 5-6-3.1 as
7 follows:
8 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
9 Sec. 3-2-2. Powers and Duties of the Department.
10 (1) In addition to the powers, duties and
11 responsibilities which are otherwise provided by law, the
12 Department shall have the following powers:
13 (a) To accept persons committed to it by the courts of
14 this State for care, custody, treatment and rehabilitation.
15 (b) To develop and maintain reception and evaluation
16 units for purposes of analyzing the custody and
17 rehabilitation needs of persons committed to it and to assign
18 such persons to institutions and programs under its control
19 or transfer them to other appropriate agencies. In
20 consultation with the Department of Alcoholism and Substance
21 Abuse (now the Department of Human Services), the Department
22 of Corrections shall develop a master plan for the screening
23 and evaluation of persons committed to its custody who have
24 alcohol or drug abuse problems, and for making appropriate
25 treatment available to such persons; the Department shall
26 report to the General Assembly on such plan not later than
27 April 1, 1987. The maintenance and implementation of such
28 plan shall be contingent upon the availability of funds.
29 (b-5) To develop, in consultation with the Department of
30 State Police, a program for tracking and evaluating each
31 inmate from commitment through release for recording his or
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1 her gang affiliations, activities, or ranks.
2 (c) To maintain and administer all State correctional
3 institutions and facilities under its control and to
4 establish new ones as needed. Pursuant to its power to
5 establish new institutions and facilities, the Department
6 may, with the written approval of the Governor, authorize the
7 Department of Central Management Services to enter into an
8 agreement of the type described in subsection (d) of Section
9 67.02 of the Civil Administrative Code of Illinois. The
10 Department shall designate those institutions which shall
11 constitute the State Penitentiary System.
12 Pursuant to its power to establish new institutions and
13 facilities, the Department may authorize the Department of
14 Central Management Services to accept bids from counties and
15 municipalities for the construction, remodeling or conversion
16 of a structure to be leased to the Department of Corrections
17 for the purposes of its serving as a correctional institution
18 or facility. Such construction, remodeling or conversion may
19 be financed with revenue bonds issued pursuant to the
20 Industrial Building Revenue Bond Act by the municipality or
21 county. The lease specified in a bid shall be for a term of
22 not less than the time needed to retire any revenue bonds
23 used to finance the project, but not to exceed 40 years. The
24 lease may grant to the State the option to purchase the
25 structure outright.
26 Upon receipt of the bids, the Department may certify one
27 or more of the bids and shall submit any such bids to the
28 General Assembly for approval. Upon approval of a bid by a
29 constitutional majority of both houses of the General
30 Assembly, pursuant to joint resolution, the Department of
31 Central Management Services may enter into an agreement with
32 the county or municipality pursuant to such bid.
33 (c-5) To build and maintain regional juvenile detention
34 centers and to charge a per diem to the counties as
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1 established by the Department to defray the costs of housing
2 each minor in a center. In this subsection (c-5), "juvenile
3 detention center" means a facility to house minors during
4 pendency of trial who have been transferred from proceedings
5 under the Juvenile Court Act of 1987 to prosecutions under
6 the criminal laws of this State in accordance with Section
7 5-4 of the Juvenile Court Act of 1987, whether the transfer
8 was by operation of law or permissive under that Section.
9 The Department shall designate the counties to be served by
10 each regional juvenile detention center.
11 (d) To develop and maintain programs of control,
12 rehabilitation and employment of committed persons within its
13 institutions.
14 (e) To establish a system of supervision and guidance of
15 committed persons in the community.
16 (f) To establish in cooperation with the Department of
17 Transportation to supply a sufficient number of prisoners for
18 use by the Department of Transportation to clean up the trash
19 and garbage along State, county, township, or municipal
20 highways as designated by the Department of Transportation.
21 The Department of Corrections, at the request of the
22 Department of Transportation, shall furnish such prisoners at
23 least annually for a period to be agreed upon between the
24 Director of Corrections and the Director of Transportation.
25 The prisoners used on this program shall be selected by the
26 Director of Corrections on whatever basis he deems proper in
27 consideration of their term, behavior and earned eligibility
28 to participate in such program - where they will be outside
29 of the prison facility but still in the custody of the
30 Department of Corrections. Prisoners convicted of first
31 degree murder, or a Class X felony, or armed violence, or
32 aggravated kidnapping, or criminal sexual assault,
33 aggravated criminal sexual abuse or a subsequent conviction
34 for criminal sexual abuse, or forcible detention, or arson,
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1 or a prisoner adjudged a Habitual Criminal shall not be
2 eligible for selection to participate in such program. The
3 prisoners shall remain as prisoners in the custody of the
4 Department of Corrections and such Department shall furnish
5 whatever security is necessary. The Department of
6 Transportation shall furnish trucks and equipment for the
7 highway cleanup program and personnel to supervise and direct
8 the program. Neither the Department of Corrections nor the
9 Department of Transportation shall replace any regular
10 employee with a prisoner.
11 (g) To maintain records of persons committed to it and
12 to establish programs of research, statistics and planning.
13 (h) To investigate the grievances of any person
14 committed to the Department, to inquire into any alleged
15 misconduct by employees or committed persons, and to
16 investigate the assets of committed persons to implement
17 Section 3-7-6 of this Code; and for these purposes it may
18 issue subpoenas and compel the attendance of witnesses and
19 the production of writings and papers, and may examine under
20 oath any witnesses who may appear before it; to also
21 investigate alleged violations of a parolee's or releasee's
22 conditions of parole or release; and for this purpose it may
23 issue subpoenas and compel the attendance of witnesses and
24 the production of documents only if there is reason to
25 believe that such procedures would provide evidence that such
26 violations have occurred.
27 If any person fails to obey a subpoena issued under this
28 subsection, the Director may apply to any circuit court to
29 secure compliance with the subpoena. The failure to comply
30 with the order of the court issued in response thereto shall
31 be punishable as contempt of court.
32 (i) To appoint and remove the chief administrative
33 officers, and administer programs of training and development
34 of personnel of the Department. Personnel assigned by the
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1 Department to be responsible for the custody and control of
2 committed persons or to investigate the alleged misconduct of
3 committed persons or employees or alleged violations of a
4 parolee's or releasee's conditions of parole shall be
5 conservators of the peace for those purposes, and shall have
6 the full power of peace officers outside of the facilities of
7 the Department in the protection, arrest, retaking and
8 reconfining of committed persons or where the exercise of
9 such power is necessary to the investigation of such
10 misconduct or violations.
11 (j) To cooperate with other departments and agencies and
12 with local communities for the development of standards and
13 programs for better correctional services in this State.
14 (k) To administer all moneys and properties of the
15 Department.
16 (l) To report annually to the Governor on the committed
17 persons, institutions and programs of the Department.
18 (l-5) In a confidential annual report to the Governor,
19 the Department shall identify all inmate gangs by specifying
20 each current gang's name, population and allied gangs. The
21 Department shall further specify the number of top leaders
22 identified by the Department for each gang during the past
23 year, and the measures taken by the Department to segregate
24 each leader from his or her gang and allied gangs. The
25 Department shall further report the current status of leaders
26 identified and segregated in previous years. All leaders
27 described in the report shall be identified by inmate number
28 or other designation to enable tracking, auditing, and
29 verification without revealing the names of the leaders.
30 Because this report contains law enforcement intelligence
31 information collected by the Department, the report is
32 confidential and not subject to public disclosure.
33 (m) To make all rules and regulations and exercise all
34 powers and duties vested by law in the Department.
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1 (n) To establish rules and regulations for administering
2 a system of good conduct credits, established in accordance
3 with Section 3-6-3, subject to review by the Prisoner Review
4 Board.
5 (o) To administer the distribution of funds from the
6 State Treasury to reimburse counties where State penal
7 institutions are located for the payment of assistant state's
8 attorneys' salaries under Section 4-2001 of the Counties
9 Code.
10 (p) To exchange information with the Department of Human
11 Services and the Illinois Department of Public Aid for the
12 purpose of verifying living arrangements and for other
13 purposes directly connected with the administration of this
14 Code and the Illinois Public Aid Code.
15 (q) To establish a diversion program.
16 The program shall provide a structured environment for
17 selected technical parole or mandatory supervised release
18 violators and committed persons who have violated the rules
19 governing their conduct while in work release. This program
20 shall not apply to those persons who have committed a new
21 offense while serving on parole or mandatory supervised
22 release or while committed to work release.
23 Elements of the program shall include, but shall not be
24 limited to, the following:
25 (1) The staff of a diversion facility shall provide
26 supervision in accordance with required objectives set by
27 the facility.
28 (2) Participants shall be required to maintain
29 employment.
30 (3) Each participant shall pay for room and board
31 at the facility on a sliding-scale basis according to the
32 participant's income.
33 (4) Each participant shall:
34 (A) provide restitution to victims in
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1 accordance with any court order;
2 (B) make timely payments of provide financial
3 support to his or her dependents as required by any
4 child support order entered pursuant to the Illinois
5 Public Aid Code, the Illinois Marriage and
6 Dissolution of Marriage Act, the Non-Support of
7 Spouse and Children Act, the Revised Uniform
8 Reciprocal Enforcement of Support Act, the Uniform
9 Interstate Family Support Act, or the Illinois
10 Parentage Act of 1984; and
11 (C) make appropriate payments toward any other
12 court-ordered obligations.
13 (5) Each participant shall complete community
14 service in addition to employment.
15 (6) Participants shall take part in such
16 counseling, educational and other programs as the
17 Department may deem appropriate.
18 (7) Participants shall submit to drug and alcohol
19 screening.
20 (8) The Department shall promulgate rules governing
21 the administration of the program.
22 (r) To enter into intergovernmental cooperation
23 agreements under which persons in the custody of the
24 Department may participate in a county impact incarceration
25 program established under Section 3-6038 or 3-15003.5 of the
26 Counties Code.
27 (r-5) To enter into intergovernmental cooperation
28 agreements under which minors adjudicated delinquent and
29 committed to the Department of Corrections, Juvenile
30 Division, may participate in a county juvenile impact
31 incarceration program established under Section 3-6039 of the
32 Counties Code.
33 (r-10) To systematically and routinely identify with
34 respect to each streetgang active within the correctional
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1 system: (1) each active gang; (2) every existing inter-gang
2 affiliation or alliance; and (3) the current leaders in each
3 gang. The Department shall promptly segregate leaders from
4 inmates who belong to their gangs and allied gangs.
5 "Segregate" means no physical contact and, to the extent
6 possible under the conditions and space available at the
7 correctional facility, prohibition of visual and sound
8 communication. For the purposes of this paragraph (r-10),
9 "leaders" means persons who:
10 (i) are members of a criminal streetgang;
11 (ii) with respect to other individuals within the
12 streetgang, occupy a position of organizer, supervisor,
13 or other position of management or leadership; and
14 (iii) are actively and personally engaged in
15 directing, ordering, authorizing, or requesting
16 commission of criminal acts by others, which are
17 punishable as a felony, in furtherance of streetgang
18 related activity both within and outside of the
19 Department of Corrections.
20 "Streetgang", "gang", and "streetgang related" have the
21 meanings ascribed to them in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (s) To operate a super-maximum security institution, in
24 order to manage and supervise inmates who are disruptive or
25 dangerous and provide for the safety and security of the
26 staff and the other inmates.
27 (t) To monitor any unprivileged conversation or any
28 unprivileged communication, whether in person or by mail,
29 telephone, or other means, between an inmate who, before
30 commitment to the Department, was a member of an organized
31 gang and any other person without the need to show cause or
32 satisfy any other requirement of law before beginning the
33 monitoring, except as constitutionally required. The
34 monitoring may be by video, voice, or other method of
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1 recording or by any other means. As used in this subdivision
2 (1)(t), "organized gang" has the meaning ascribed to it in
3 Section 10 of the Illinois Streetgang Terrorism Omnibus
4 Prevention Act.
5 As used in this subdivision (1)(t), "unprivileged
6 conversation" or "unprivileged communication" means a
7 conversation or communication that is not protected by any
8 privilege recognized by law or by decision, rule, or order of
9 the Illinois Supreme Court.
10 (u) To do all other acts necessary to carry out the
11 provisions of this Chapter.
12 (2) The Department of Corrections shall by January 1,
13 1998, consider building and operating a correctional facility
14 within 100 miles of a county of over 2,000,000 inhabitants,
15 especially a facility designed to house juvenile participants
16 in the impact incarceration program.
17 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
18 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
19 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
20 eff. 12-31-96; 90-14, eff. 7-1-97.)
21 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
22 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
23 Release.
24 (a) The conditions of parole or mandatory supervised
25 release shall be such as the Prisoner Review Board deems
26 necessary to assist the subject in leading a law-abiding
27 life. The conditions of every parole and mandatory supervised
28 release are that the subject:
29 (1) not violate any criminal statute of any jurisdiction
30 during the parole or release term; and
31 (2) refrain from possessing a firearm or other dangerous
32 weapon; and
33 (3) make timely payments of financial support to his or
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1 her dependents as required by any child support order entered
2 pursuant to the Illinois Public Aid Code, the Illinois
3 Marriage and Dissolution of Marriage Act, the Non-Support of
4 Spouse and Children Act, the Revised Uniform Reciprocal
5 Enforcement of Support Act, the Uniform Interstate Family
6 Support Act, or the Illinois Parentage Act of 1984.
7 (b) The Board may in addition to other conditions
8 require that the subject:
9 (1) work or pursue a course of study or vocational
10 training;
11 (2) undergo medical or psychiatric treatment, or
12 treatment for drug addiction or alcoholism;
13 (3) attend or reside in a facility established for the
14 instruction or residence of persons on probation or parole;
15 (4) support his or her other dependents not covered by a
16 child support order described in subdivision (a)(3);
17 (5) report to an agent of the Department of Corrections;
18 (6) permit the agent to visit him at his home or
19 elsewhere to the extent necessary to discharge his duties;
20 (7) comply with the terms and conditions of an order of
21 protection issued pursuant to the Illinois Domestic Violence
22 Act of 1986, enacted by the 84th General Assembly.
23 (8) and, in addition, if a minor:
24 (i) reside with his parents or in a foster home;
25 (ii) attend school;
26 (iii) attend a non-residential program for youth;
27 (iv) contribute to his own support at home or in a
28 foster home.
29 (c) The conditions under which the parole or mandatory
30 supervised release is to be served shall be communicated to
31 the person in writing prior to his release, and he shall sign
32 the same before release. A signed copy of these conditions,
33 including a copy of an order of protection where one had been
34 issued by the criminal court, shall be retained by the person
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1 and another copy forwarded to the officer in charge of his
2 supervision.
3 (d) After a hearing under Section 3-3-9, the Prisoner
4 Review Board may modify or enlarge the conditions of parole
5 or mandatory supervised release.
6 (e) The Department shall inform all offenders committed
7 to the Department of the optional services available to them
8 upon release and shall assist inmates in availing themselves
9 of such optional services upon their release on a voluntary
10 basis.
11 (Source: P.A. 84-1305.)
12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
13 Sec. 5-6-3. Conditions of Probation and of Conditional
14 Discharge.
15 (a) The conditions of probation and of conditional
16 discharge shall be that the person:
17 (1) not violate any criminal statute of any
18 jurisdiction;
19 (2) report to or appear in person before such
20 person or agency as directed by the court;
21 (3) refrain from possessing a firearm or other
22 dangerous weapon;
23 (4) not leave the State without the consent of the
24 court or, in circumstances in which the reason for the
25 absence is of such an emergency nature that prior consent
26 by the court is not possible, without the prior
27 notification and approval of the person's probation
28 officer;
29 (5) permit the probation officer to visit him at
30 his home or elsewhere to the extent necessary to
31 discharge his duties;
32 (5.5) make timely payments of financial support to
33 his or her dependents as required by any child support
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1 order entered pursuant to the Illinois Public Aid Code,
2 the Illinois Marriage and Dissolution of Marriage Act,
3 the Non-Support of Spouse and Children Act, the Revised
4 Uniform Reciprocal Enforcement of Support Act, the
5 Uniform Interstate Family Support Act, or the Illinois
6 Parentage Act of 1984;
7 (6) perform no less than 30 hours of community
8 service and not more than 120 hours of community service,
9 if community service is available in the jurisdiction and
10 is funded and approved by the county board where the
11 offense was committed, where the offense was related to
12 or in furtherance of the criminal activities of an
13 organized gang and was motivated by the offender's
14 membership in or allegiance to an organized gang. The
15 community service shall include, but not be limited to,
16 the cleanup and repair of any damage caused by a
17 violation of Section 21-1.3 of the Criminal Code of 1961
18 and similar damage to property located within the
19 municipality or county in which the violation occurred.
20 When possible and reasonable, the community service
21 should be performed in the offender's neighborhood. For
22 purposes of this Section, "organized gang" has the
23 meaning ascribed to it in Section 10 of the Illinois
24 Streetgang Terrorism Omnibus Prevention Act;
25 (7) if he or she is at least 17 years of age and
26 has been sentenced to probation or conditional discharge
27 for a misdemeanor or felony in a county of 3,000,000 or
28 more inhabitants and has not been previously convicted of
29 a misdemeanor or felony, may be required by the
30 sentencing court to attend educational courses designed
31 to prepare the defendant for a high school diploma and to
32 work toward a high school diploma or to work toward
33 passing the high school level Test of General Educational
34 Development (GED) or to work toward completing a
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1 vocational training program approved by the court. The
2 person on probation or conditional discharge must attend
3 a public institution of education to obtain the
4 educational or vocational training required by this
5 clause (7). The court shall revoke the probation or
6 conditional discharge of a person who wilfully fails to
7 comply with this clause (7). The person on probation or
8 conditional discharge shall be required to pay for the
9 cost of the educational courses or GED test, if a fee is
10 charged for those courses or test. The court shall
11 resentence the offender whose probation or conditional
12 discharge has been revoked as provided in Section 5-6-4.
13 This clause (7) does not apply to a person who has a high
14 school diploma or has successfully passed the GED test.
15 This clause (7) does not apply to a person who is
16 determined by the court to be developmentally disabled or
17 otherwise mentally incapable of completing the
18 educational or vocational program; and
19 (8) (7) if convicted of possession of a substance
20 prohibited by the Cannabis Control Act or Illinois
21 Controlled Substances Act after a previous conviction or
22 disposition of supervision for possession of a substance
23 prohibited by the Cannabis Control Act or Illinois
24 Controlled Substances Act or after a sentence of
25 probation under Section 10 of the Cannabis Control Act or
26 Section 410 of the Illinois Controlled Substances Act and
27 upon a finding by the court that the person is addicted,
28 undergo treatment at a substance abuse program approved
29 by the court.
30 (b) The Court may in addition to other reasonable
31 conditions relating to the nature of the offense or the
32 rehabilitation of the defendant as determined for each
33 defendant in the proper discretion of the Court require that
34 the person:
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1 (1) serve a term of periodic imprisonment under
2 Article 7 for a period not to exceed that specified in
3 paragraph (d) of Section 5-7-1;
4 (2) pay a fine and costs;
5 (3) work or pursue a course of study or vocational
6 training;
7 (4) undergo medical, psychological or psychiatric
8 treatment; or treatment for drug addiction or alcoholism;
9 (5) attend or reside in a facility established for
10 the instruction or residence of defendants on probation;
11 (6) support his or her other dependents not covered
12 by a child support order described in subdivision
13 (a)(5.5);
14 (7) and in addition, if a minor:
15 (i) reside with his parents or in a foster
16 home;
17 (ii) attend school;
18 (iii) attend a non-residential program for
19 youth;
20 (iv) contribute to his own support at home or
21 in a foster home;
22 (8) make restitution as provided in Section 5-5-6
23 of this Code;
24 (9) perform some reasonable public or community
25 service;
26 (10) serve a term of home confinement. In addition
27 to any other applicable condition of probation or
28 conditional discharge, the conditions of home confinement
29 shall be that the offender:
30 (i) remain within the interior premises of the
31 place designated for his confinement during the
32 hours designated by the court;
33 (ii) admit any person or agent designated by
34 the court into the offender's place of confinement
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1 at any time for purposes of verifying the offender's
2 compliance with the conditions of his confinement;
3 and
4 (iii) if further deemed necessary by the court
5 or the Probation or Court Services Department, be
6 placed on an approved electronic monitoring device,
7 subject to Article 8A of Chapter V;
8 (iv) for persons convicted of any alcohol,
9 cannabis or controlled substance violation who are
10 placed on an approved monitoring device as a
11 condition of probation or conditional discharge, the
12 court shall impose a reasonable fee for each day of
13 the use of the device, as established by the county
14 board in subsection (g) of this Section, unless
15 after determining the inability of the offender to
16 pay the fee, the court assesses a lesser fee or no
17 fee as the case may be. This fee shall be imposed in
18 addition to the fees imposed under subsections (g)
19 and (i) of this Section. The fee shall be collected
20 by the clerk of the circuit court. The clerk of the
21 circuit court shall pay all monies collected from
22 this fee to the county treasurer for deposit in the
23 substance abuse services fund under Section 5-1086.1
24 of the Counties Code; and
25 (v) for persons convicted of offenses other
26 than those referenced in clause (iv) above and who
27 are placed on an approved monitoring device as a
28 condition of probation or conditional discharge, the
29 court shall impose a reasonable fee for each day of
30 the use of the device, as established by the county
31 board in subsection (g) of this Section, unless
32 after determining the inability of the defendant to
33 pay the fee, the court assesses a lesser fee or no
34 fee as the case may be. This fee shall be imposed
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1 in addition to the fees imposed under subsections
2 (g) and (i) of this Section 5-6-3. The fee shall be
3 collected by the clerk of the circuit court. The
4 clerk of the circuit court shall pay all monies
5 collected from this fee to the county treasurer who
6 shall use the monies collected to defray the costs
7 of corrections. The county treasurer shall deposit
8 the fee collected in the county working cash fund
9 under Section 6-27001 or Section 6-29002 of the
10 Counties Code, as the case may be.
11 (11) comply with the terms and conditions of an
12 order of protection issued by the court pursuant to the
13 Illinois Domestic Violence Act of 1986, as now or
14 hereafter amended. A copy of the order of protection
15 shall be transmitted to the probation officer or agency
16 having responsibility for the case;
17 (12) reimburse any "local anti-crime program" as
18 defined in Section 7 of the Anti-Crime Advisory Council
19 Act for any reasonable expenses incurred by the program
20 on the offender's case, not to exceed the maximum amount
21 of the fine authorized for the offense for which the
22 defendant was sentenced;
23 (13) contribute a reasonable sum of money, not to
24 exceed the maximum amount of the fine authorized for the
25 offense for which the defendant was sentenced, to a
26 "local anti-crime program", as defined in Section 7 of
27 the Anti-Crime Advisory Council Act;
28 (14) refrain from entering into a designated
29 geographic area except upon such terms as the court finds
30 appropriate. Such terms may include consideration of the
31 purpose of the entry, the time of day, other persons
32 accompanying the defendant, and advance approval by a
33 probation officer, if the defendant has been placed on
34 probation or advance approval by the court, if the
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1 defendant was placed on conditional discharge;
2 (15) refrain from having any contact, directly or
3 indirectly, with certain specified persons or particular
4 types of persons, including but not limited to members of
5 street gangs and drug users or dealers;
6 (16) refrain from having in his or her body the
7 presence of any illicit drug prohibited by the Cannabis
8 Control Act or the Illinois Controlled Substances Act,
9 unless prescribed by a physician, and submit samples of
10 his or her blood or urine or both for tests to determine
11 the presence of any illicit drug.
12 (c) The court may as a condition of probation or of
13 conditional discharge require that a person under 18 years of
14 age found guilty of any alcohol, cannabis or controlled
15 substance violation, refrain from acquiring a driver's
16 license during the period of probation or conditional
17 discharge. If such person is in possession of a permit or
18 license, the court may require that the minor refrain from
19 driving or operating any motor vehicle during the period of
20 probation or conditional discharge, except as may be
21 necessary in the course of the minor's lawful employment.
22 (d) An offender sentenced to probation or to conditional
23 discharge shall be given a certificate setting forth the
24 conditions thereof.
25 (e) The court shall not require as a condition of the
26 sentence of probation or conditional discharge that the
27 offender be committed to a period of imprisonment in excess
28 of 6 months. This 6 month limit shall not include periods of
29 confinement given pursuant to a sentence of county impact
30 incarceration under Section 5-8-1.2.
31 Persons committed to imprisonment as a condition of
32 probation or conditional discharge shall not be committed to
33 the Department of Corrections.
34 (f) The court may combine a sentence of periodic
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1 imprisonment under Article 7 or a sentence to a county impact
2 incarceration program under Article 8 with a sentence of
3 probation or conditional discharge.
4 (g) An offender sentenced to probation or to conditional
5 discharge and who during the term of either undergoes
6 mandatory drug or alcohol testing, or both, or is assigned to
7 be placed on an approved electronic monitoring device, shall
8 be ordered to pay all costs incidental to such mandatory drug
9 or alcohol testing, or both, and all costs incidental to such
10 approved electronic monitoring in accordance with the
11 defendant's ability to pay those costs. The county board
12 with the concurrence of the Chief Judge of the judicial
13 circuit in which the county is located shall establish
14 reasonable fees for the cost of maintenance, testing, and
15 incidental expenses related to the mandatory drug or alcohol
16 testing, or both, and all costs incidental to approved
17 electronic monitoring, involved in a successful probation
18 program for the county. The concurrence of the Chief Judge
19 shall be in the form of an administrative order. The fees
20 shall be collected by the clerk of the circuit court. The
21 clerk of the circuit court shall pay all moneys collected
22 from these fees to the county treasurer who shall use the
23 moneys collected to defray the costs of drug testing, alcohol
24 testing, and electronic monitoring. The county treasurer
25 shall deposit the fees collected in the county working cash
26 fund under Section 6-27001 or Section 6-29002 of the Counties
27 Code, as the case may be.
28 (h) Jurisdiction over an offender may be transferred
29 from the sentencing court to the court of another circuit
30 with the concurrence of both courts. Further transfers or
31 retransfers of jurisdiction are also authorized in the same
32 manner. The court to which jurisdiction has been transferred
33 shall have the same powers as the sentencing court.
34 (i) The court shall impose upon an offender sentenced to
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1 probation after January 1, 1989 or to conditional discharge
2 after January 1, 1992, as a condition of such probation or
3 conditional discharge, a fee of $25 for each month of
4 probation or conditional discharge supervision ordered by the
5 court, unless after determining the inability of the person
6 sentenced to probation or conditional discharge to pay the
7 fee, the court assesses a lesser fee. The court may not
8 impose the fee on a minor who is made a ward of the State
9 under the Juvenile Court Act of 1987 while the minor is in
10 placement. The fee shall be imposed only upon an offender who
11 is actively supervised by the probation and court services
12 department. The fee shall be collected by the clerk of the
13 circuit court. The clerk of the circuit court shall pay all
14 monies collected from this fee to the county treasurer for
15 deposit in the probation and court services fund under
16 Section 15.1 of the Probation and Probation Officers Act.
17 (j) All fines and costs imposed under this Section for
18 any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance,
20 and any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected
22 and disbursed by the circuit clerk as provided under Section
23 27.5 of the Clerks of Courts Act.
24 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
25 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
26 90-504, eff. 1-1-98; revised 10-30-97.)
27 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
28 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
29 (a) When a defendant is placed on supervision, the court
30 shall enter an order for supervision specifying the period of
31 such supervision, and shall defer further proceedings in the
32 case until the conclusion of the period.
33 (b) The period of supervision shall be reasonable under
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1 all of the circumstances of the case, but may not be longer
2 than 2 years, unless the defendant has failed to pay the
3 assessment required by Section 10.3 of the Cannabis Control
4 Act or Section 411.2 of the Illinois Controlled Substances
5 Act, in which case the court may extend supervision beyond 2
6 years. Additionally, the court shall order the defendant to
7 perform no less than 30 hours of community service and not
8 more than 120 hours of community service, if community
9 service is available in the jurisdiction and is funded and
10 approved by the county board where the offense was committed,
11 when the offense (1) was related to or in furtherance of the
12 criminal activities of an organized gang or was motivated by
13 the defendant's membership in or allegiance to an organized
14 gang; or (2) is a violation of any Section of Article 24 of
15 the Criminal Code of 1961 where a disposition of supervision
16 is not prohibited by Section 5-6-1 of this Code. The
17 community service shall include, but not be limited to, the
18 cleanup and repair of any damage caused by violation of
19 Section 21-1.3 of the Criminal Code of 1961 and similar
20 damages to property located within the municipality or county
21 in which the violation occurred. Where possible and
22 reasonable, the community service should be performed in the
23 offender's neighborhood.
24 For the purposes of this Section, "organized gang" has
25 the meaning ascribed to it in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (b-5) As a condition of supervision, the court shall
28 order that the defendant make timely payments of financial
29 support to his or her dependents as required by any child
30 support order entered pursuant to the Illinois Public Aid
31 Code, the Illinois Marriage and Dissolution of Marriage Act,
32 the Non-Support of Spouse and Children Act, the Revised
33 Uniform Reciprocal Enforcement of Support Act, the Uniform
34 Interstate Family Support Act, or the Illinois Parentage Act
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1 of 1984.
2 (c) The court may in addition to other reasonable
3 conditions relating to the nature of the offense or the
4 rehabilitation of the defendant as determined for each
5 defendant in the proper discretion of the court require that
6 the person:
7 (1) make a report to and appear in person before or
8 participate with the court or such courts, person, or
9 social service agency as directed by the court in the
10 order of supervision;
11 (2) pay a fine and costs;
12 (3) work or pursue a course of study or vocational
13 training;
14 (4) undergo medical, psychological or psychiatric
15 treatment; or treatment for drug addiction or alcoholism;
16 (5) attend or reside in a facility established for
17 the instruction or residence of defendants on probation;
18 (6) support his or her other dependents not covered
19 under a child support order described in subsection
20 (b-5);
21 (7) refrain from possessing a firearm or other
22 dangerous weapon;
23 (8) and in addition, if a minor:
24 (i) reside with his parents or in a foster
25 home;
26 (ii) attend school;
27 (iii) attend a non-residential program for
28 youth;
29 (iv) contribute to his own support at home or
30 in a foster home; and
31 (9) make restitution or reparation in an amount not
32 to exceed actual loss or damage to property and pecuniary
33 loss or make restitution under Section 5-5-6 to a
34 domestic violence shelter. The court shall determine the
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1 amount and conditions of payment;
2 (10) perform some reasonable public or community
3 service;
4 (11) comply with the terms and conditions of an
5 order of protection issued by the court pursuant to the
6 Illinois Domestic Violence Act of 1986. If the court has
7 ordered the defendant to make a report and appear in
8 person under paragraph (1) of this subsection, a copy of
9 the order of protection shall be transmitted to the
10 person or agency so designated by the court;
11 (12) reimburse any "local anti-crime program" as
12 defined in Section 7 of the Anti-Crime Advisory Council
13 Act for any reasonable expenses incurred by the program
14 on the offender's case, not to exceed the maximum amount
15 of the fine authorized for the offense for which the
16 defendant was sentenced;
17 (13) contribute a reasonable sum of money, not to
18 exceed the maximum amount of the fine authorized for the
19 offense for which the defendant was sentenced, to a
20 "local anti-crime program", as defined in Section 7 of
21 the Anti-Crime Advisory Council Act;
22 (14) refrain from entering into a designated
23 geographic area except upon such terms as the court finds
24 appropriate. Such terms may include consideration of the
25 purpose of the entry, the time of day, other persons
26 accompanying the defendant, and advance approval by a
27 probation officer;
28 (15) refrain from having any contact, directly or
29 indirectly, with certain specified persons or particular
30 types of person, including but not limited to members of
31 street gangs and drug users or dealers;
32 (16) refrain from having in his or her body the
33 presence of any illicit drug prohibited by the Cannabis
34 Control Act or the Illinois Controlled Substances Act,
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1 unless prescribed by a physician, and submit samples of
2 his or her blood or urine or both for tests to determine
3 the presence of any illicit drug.
4 (d) The court shall defer entering any judgment on the
5 charges until the conclusion of the supervision.
6 (e) At the conclusion of the period of supervision, if
7 the court determines that the defendant has successfully
8 complied with all of the conditions of supervision, the court
9 shall discharge the defendant and enter a judgment dismissing
10 the charges.
11 (f) Discharge and dismissal upon a successful conclusion
12 of a disposition of supervision shall be deemed without
13 adjudication of guilt and shall not be termed a conviction
14 for purposes of disqualification or disabilities imposed by
15 law upon conviction of a crime. Two years after the
16 discharge and dismissal under this Section, unless the
17 disposition of supervision was for a violation of Sections
18 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
19 Vehicle Code or a similar provision of a local ordinance, or
20 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
21 Code of 1961, in which case it shall be 5 years after
22 discharge and dismissal, a person may have his record of
23 arrest sealed or expunged as may be provided by law.
24 However, any defendant placed on supervision before January
25 1, 1980, may move for sealing or expungement of his arrest
26 record, as provided by law, at any time after discharge and
27 dismissal under this Section. A person placed on supervision
28 for a sexual offense committed against a minor as defined in
29 subsection (g) of Section 5 of the Criminal Identification
30 Act or for a violation of Section 11-501 of the Illinois
31 Vehicle Code or a similar provision of a local ordinance
32 shall not have his or her record of arrest sealed or
33 expunged.
34 (g) A defendant placed on supervision and who during the
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1 period of supervision undergoes mandatory drug or alcohol
2 testing, or both, or is assigned to be placed on an approved
3 electronic monitoring device, shall be ordered to pay the
4 costs incidental to such mandatory drug or alcohol testing,
5 or both, and costs incidental to such approved electronic
6 monitoring in accordance with the defendant's ability to pay
7 those costs. The county board with the concurrence of the
8 Chief Judge of the judicial circuit in which the county is
9 located shall establish reasonable fees for the cost of
10 maintenance, testing, and incidental expenses related to the
11 mandatory drug or alcohol testing, or both, and all costs
12 incidental to approved electronic monitoring, of all
13 defendants placed on supervision. The concurrence of the
14 Chief Judge shall be in the form of an administrative order.
15 The fees shall be collected by the clerk of the circuit
16 court. The clerk of the circuit court shall pay all moneys
17 collected from these fees to the county treasurer who shall
18 use the moneys collected to defray the costs of drug testing,
19 alcohol testing, and electronic monitoring. The county
20 treasurer shall deposit the fees collected in the county
21 working cash fund under Section 6-27001 or Section 6-29002 of
22 the Counties Code, as the case may be.
23 (h) A disposition of supervision is a final order for
24 the purposes of appeal.
25 (i) The court shall impose upon a defendant placed on
26 supervision after January 1, 1992, as a condition of
27 supervision, a fee of $25 for each month of supervision
28 ordered by the court, unless after determining the inability
29 of the person placed on supervision to pay the fee, the court
30 assesses a lesser fee. The court may not impose the fee on a
31 minor who is made a ward of the State under the Juvenile
32 Court Act of 1987 while the minor is in placement. The fee
33 shall be imposed only upon a defendant who is actively
34 supervised by the probation and court services department.
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1 The fee shall be collected by the clerk of the circuit court.
2 The clerk of the circuit court shall pay all monies collected
3 from this fee to the county treasurer for deposit in the
4 probation and court services fund pursuant to Section 15.1 of
5 the Probation and Probation Officers Act.
6 (j) All fines and costs imposed under this Section for
7 any violation of Chapters 3, 4, 6, and 11 of the Illinois
8 Vehicle Code, or a similar provision of a local ordinance,
9 and any violation of the Child Passenger Protection Act, or a
10 similar provision of a local ordinance, shall be collected
11 and disbursed by the circuit clerk as provided under Section
12 27.5 of the Clerks of Courts Act.
13 (k) A defendant at least 17 years of age who is placed
14 on supervision for a misdemeanor in a county of 3,000,000 or
15 more inhabitants and who has not been previously convicted of
16 a misdemeanor or felony may as a condition of his or her
17 supervision be required by the court to attend educational
18 courses designed to prepare the defendant for a high school
19 diploma and to work toward a high school diploma or to work
20 toward passing the high school level Test of General
21 Educational Development (GED) or to work toward completing a
22 vocational training program approved by the court. The
23 defendant placed on supervision must attend a public
24 institution of education to obtain the educational or
25 vocational training required by this subsection (k). The
26 defendant placed on supervision shall be required to pay for
27 the cost of the educational courses or GED test, if a fee is
28 charged for those courses or test. The court shall revoke
29 the supervision of a person who wilfully fails to comply with
30 this subsection (k). The court shall resentence the
31 defendant upon revocation of supervision as provided in
32 Section 5-6-4. This subsection (k) does not apply to a
33 defendant who has a high school diploma or has successfully
34 passed the GED test. This subsection (k) does not apply to a
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1 defendant who is determined by the court to be
2 developmentally disabled or otherwise mentally incapable of
3 completing the educational or vocational program.
4 (l) (k) The court shall require a defendant placed on
5 supervision for possession of a substance prohibited by the
6 Cannabis Control Act or Illinois Controlled Substances Act
7 after a previous conviction or disposition of supervision for
8 possession of a substance prohibited by the Cannabis Control
9 Act or Illinois Controlled Substances Act or a sentence of
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act and
12 after a finding by the court that the person is addicted, to
13 undergo treatment at a substance abuse program approved by
14 the court.
15 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
16 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
17 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
18 1-1-98; revised 10-30-97.)