State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0325

HB2096 Enrolled                                LRB9104026REpk

    AN ACT to  amend  the  Unified  Code  of  Corrections  by
changing Sections 3-3-11 and 5-6-3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Unified Code of Corrections is amended by
changing Sections 3-3-11 and 5-6-3 as follows:

    (730 ILCS 5/3-3-11) (from Ch. 38, par. 1003-3-11)
    Sec. 3-3-11. Interstate Parole and  Probation  Reciprocal
Agreements.
    (a)  The  Governor of this State is hereby authorized and
directed to enter into a compact on behalf of this State with
any of the United States legally joining therein in the  form
substantially as follows:
                         A COMPACT.
    Entered   into  by  and  among  the  contracting  States,
signatories hereto, with  the  consent  of  Congress  of  the
United  States  of  America,  granted by "An Act granting the
consent of Congress to any two or more states to  enter  into
agreements  or  compacts  for  cooperative  effort and mutual
assistance  in  the  prevention  of  crime  and   for   other
purposes".
    The contracting States solemnly agree:
    (1)  That  it shall be competent for the duly constituted
judicial and administrative authorities of a State  party  to
this  compact,  (herein called "sending State") to permit any
person convicted of an offense within such State  and  placed
on  probation  or  released  on parole to reside in any other
State  party  to  this  compact,  (herein  called  "receiving
State") while on probation or parole, if
    (a)  Such person is in fact a  resident  of  or  has  his
family  residing  within  the  receiving State and can obtain
employment there;
    (b)  Though not a resident of the receiving State and not
having  his  family  residing  there,  the  receiving   State
consents to such person's being sent there.
    Before  granting  such  permission,  opportunity shall be
granted to the receiving State to investigate  the  home  and
prospective employment of such person.
    A  resident of the receiving State, within the meaning of
this Section, is one who has been  an  actual  inhabitant  of
such  State  continuously for more than one year prior to his
coming to the sending State and has not  resided  within  the
sending  State  for more than 6 continuous months immediately
preceding the commission of the offense for which he has been
convicted.
    (2)  That each receiving State will assume the duties  of
visitation  of  and supervision over probationers or parolees
of any sending State and in the exercise of those duties will
be governed by the same standards that prevail  for  its  own
probationers and parolees.
    (3)  That duly accredited officers of a sending State may
at  all times enter a receiving State and there apprehend and
retake any person on probation or parole. For that purpose no
formalities will be  required  other  than  establishing  the
authority of the officer and the identity of the person to be
retaken.  All  legal  requirements  to  obtain extradition of
fugitives from  justice  are  hereby  expressly  waived.  The
decision of the sending State to retake a person on probation
or  parole shall be conclusive upon and not reviewable within
the receiving State: Provided, however, that if at  the  time
when  a  State seeks to retake a probationer or parolee there
should be pending against him within the receiving State  any
criminal   charge,  or  he  should  be  suspected  of  having
committed within such State a criminal offense, he shall  not
be  retaken  without the consent of the receiving State until
discharged from prosecution or  from  imprisonment  for  such
offense.
    (4)  That  the  duly  accredited  officers of the sending
State will be permitted to transport prisoners being  retaken
through  any  and all States parties to this compact, without
interference.
    (5)  That the Governor of each  State  may  designate  an
officer  who,  acting  jointly  with  like  officers of other
contracting States, if and when appointed,  shall  promulgate
such  rules  and  regulations  as  may be deemed necessary to
carry out more effectively the terms of this compact.
    (6)  That this compact shall become operative immediately
upon its ratification by any State  as  between  it  and  any
other  State  or  States so ratifying. When ratified it shall
have the full force and effect of law within such State.  The
form  of ratification shall be in accordance with the laws of
the ratifying State.
    (7)  That this compact shall continue in force and remain
binding upon each ratifying State until renounced by it.  The
duties  and obligations hereunder of a renouncing State shall
continue as to parolees or probationers residing  therein  at
the time of withdrawal until retaken or finally discharged by
the  sending  State. Renunciation of this compact shall be by
the same authority which ratified it,  by  sending  6  months
notice  in  writing  of  its  intention  to withdraw from the
compact.
(Source: P.A. 77-2097.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec. 5-6-3.  Conditions of Probation and  of  Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not   violate   any  criminal  statute  of  any
    jurisdiction;
         (2)  report to  or  appear  in  person  before  such
    person or agency as directed by the court;
         (3)  refrain  from  possessing  a  firearm  or other
    dangerous weapon;
         (4)  not leave the State without the consent of  the
    court  or,  in  circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by  the  court  is  not  possible,  without   the   prior
    notification  and  approval  of  the  person's  probation
    officer;
         (5)  permit  the  probation  officer to visit him at
    his  home  or  elsewhere  to  the  extent  necessary   to
    discharge his duties;
         (6)  perform  no  less  than  30  hours of community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is funded and approved by  the  county  board  where  the
    offense  was  committed, where the offense was related to
    or in  furtherance  of  the  criminal  activities  of  an
    organized  gang  and  was  motivated  by  the  offender's
    membership  in  or  allegiance to an organized gang.  The
    community service shall include, but not be  limited  to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation  of Section 21-1.3 of the Criminal Code of 1961
    and  similar  damage  to  property  located  within   the
    municipality  or  county in which the violation occurred.
    When  possible  and  reasonable,  the  community  service
    should be performed in the offender's neighborhood.   For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning  ascribed  to  it  in  Section 10 of the Illinois
    Streetgang Terrorism Omnibus Prevention Act;
         (7)  if he or she is at least 17 years  of  age  and
    has  been sentenced to probation or conditional discharge
    for a misdemeanor or felony in a county of  3,000,000  or
    more inhabitants and has not been previously convicted of
    a   misdemeanor   or  felony,  may  be  required  by  the
    sentencing court to attend educational  courses  designed
    to prepare the defendant for a high school diploma and to
    work  toward  a  high  school  diploma  or to work toward
    passing the high school level Test of General Educational
    Development  (GED)  or  to  work  toward   completing   a
    vocational  training  program approved by the court.  The
    person on probation or conditional discharge must  attend
    a   public   institution   of  education  to  obtain  the
    educational  or  vocational  training  required  by  this
    clause (7).  The court  shall  revoke  the  probation  or
    conditional  discharge  of a person who wilfully fails to
    comply with this clause (7).  The person on probation  or
    conditional  discharge  shall  be required to pay for the
    cost of the educational courses or GED test, if a fee  is
    charged  for  those  courses  or  test.   The court shall
    resentence the offender whose  probation  or  conditional
    discharge  has been revoked as provided in Section 5-6-4.
    This clause (7) does not apply to a person who has a high
    school diploma or has successfully passed the  GED  test.
    This  clause  (7)  does  not  apply  to  a  person who is
    determined by the court to be developmentally disabled or
    otherwise   mentally   incapable   of   completing    the
    educational or vocational program; and
         (8)   if  convicted  of  possession  of  a substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled Substances Act after a previous conviction  or
    disposition  of supervision for possession of a substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances  Act  or  after  a   sentence   of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon  a finding by the court that the person is addicted,
    undergo treatment at a substance abuse  program  approved
    by the court.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions  relating  to  the  nature  of  the offense or the
rehabilitation  of  the  defendant  as  determined  for  each
defendant in the proper discretion of the Court require  that
the person:
         (1)  serve  a  term  of  periodic imprisonment under
    Article 7 for a period not to exceed  that  specified  in
    paragraph (d) of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work  or pursue a course of study or vocational
    training;
         (4)  undergo medical, psychological  or  psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend  or reside in a facility established for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside with his parents  or  in  a  foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute  to his own support at home or
         in a foster home;
         (8)  make restitution as provided in  Section  5-5-6
    of this Code;
         (9)  perform  some  reasonable  public  or community
    service;
         (10)  serve a term of home confinement.  In addition
    to  any  other  applicable  condition  of  probation   or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place  designated  for  his  confinement  during the
         hours designated by the court;
              (ii)  admit any person or agent  designated  by
         the  court  into the offender's place of confinement
         at any time for purposes of verifying the offender's
         compliance with the conditions of  his  confinement;
         and
              (iii)  if further deemed necessary by the court
         or  the  Probation  or Court Services Department, be
         placed on an approved electronic monitoring  device,
         subject to Article 8A of Chapter V;
              (iv)  for  persons  convicted  of  any alcohol,
         cannabis or controlled substance violation  who  are
         placed   on  an  approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court shall impose a reasonable fee for each day  of
         the  use of the device, as established by the county
         board in subsection  (g)  of  this  Section,  unless
         after  determining  the inability of the offender to
         pay the fee, the court assesses a lesser fee  or  no
         fee as the case may be. This fee shall be imposed in
         addition  to  the fees imposed under subsections (g)
         and (i) of this Section. The fee shall be  collected
         by the clerk of the circuit court.  The clerk of the
         circuit  court  shall  pay all monies collected from
         this fee to the county treasurer for deposit in  the
         substance abuse services fund under Section 5-1086.1
         of the Counties Code; and
              (v)  for  persons  convicted  of offenses other
         than those referenced in clause (iv) above  and  who
         are  placed  on  an  approved monitoring device as a
         condition of probation or conditional discharge, the
         court shall impose a reasonable fee for each day  of
         the  use of the device, as established by the county
         board in subsection  (g)  of  this  Section,  unless
         after  determining the inability of the defendant to
         pay the fee, the court assesses a lesser fee  or  no
         fee  as  the case may be.  This fee shall be imposed
         in addition to the fees  imposed  under  subsections
         (g)  and  (i)  of  this  Section.   The fee shall be
         collected by the clerk of the  circuit  court.   The
         clerk  of  the  circuit  court  shall pay all monies
         collected from this fee to the county treasurer  who
         shall  use  the monies collected to defray the costs
         of corrections.  The county treasurer shall  deposit
         the  fee  collected  in the county working cash fund
         under Section 6-27001  or  Section  6-29002  of  the
         Counties Code, as the case may be.
         (11)  comply  with  the  terms  and conditions of an
    order of protection issued by the court pursuant  to  the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter  amended.  A  copy  of  the order of protection
    shall be transmitted to the probation officer  or  agency
    having responsibility for the case;
         (12)  reimburse  any  "local  anti-crime program" as
    defined in Section 7 of the Anti-Crime  Advisory  Council
    Act  for  any reasonable expenses incurred by the program
    on the offender's case, not to exceed the maximum  amount
    of  the  fine  authorized  for  the offense for which the
    defendant was sentenced;
         (13)  contribute a reasonable sum of money,  not  to
    exceed  the maximum amount of the fine authorized for the
    offense for which  the  defendant  was  sentenced,  to  a
    "local  anti-crime  program",  as defined in Section 7 of
    the Anti-Crime Advisory Council Act;
         (14)  refrain  from  entering  into   a   designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying  the  defendant,  and  advance approval by a
    probation officer, if the defendant has  been  placed  on
    probation  or  advance  approval  by  the  court,  if the
    defendant was placed on conditional discharge;
         (15)  refrain from having any contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain from having in his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug.
    (c)  The  court  may  as  a  condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty  of  any  alcohol,  cannabis  or  controlled
substance   violation,  refrain  from  acquiring  a  driver's
license  during  the  period  of  probation  or   conditional
discharge.   If  such  person is in possession of a permit or
license, the court may require that the  minor  refrain  from
driving  or  operating any motor vehicle during the period of
probation  or  conditional  discharge,  except  as   may   be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge  shall  be  given  a  certificate setting forth the
conditions thereof.
    (e)  The court shall not require as a  condition  of  the
sentence  of  probation  or  conditional  discharge  that the
offender be committed to a period of imprisonment  in  excess
of 6 months.  This 6 month limit shall not include periods of
confinement  given  pursuant  to  a sentence of county impact
incarceration under Section 5-8-1.2.
    Persons committed  to  imprisonment  as  a  condition  of
probation  or conditional discharge shall not be committed to
the Department of Corrections.
    (f)  The  court  may  combine  a  sentence  of   periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration  program  under  Article  8  with a sentence of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device,  shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved   electronic   monitoring  in  accordance  with  the
defendant's ability to pay those  costs.   The  county  board
with  the  concurrence  of  the  Chief  Judge of the judicial
circuit in  which  the  county  is  located  shall  establish
reasonable  fees  for  the  cost of maintenance, testing, and
incidental expenses related to the mandatory drug or  alcohol
testing,  or  both,  and  all  costs  incidental  to approved
electronic monitoring, involved  in  a  successful  probation
program  for  the county.  The concurrence of the Chief Judge
shall be in the form of an  administrative  order.  The  fees
shall  be  collected  by the clerk of the circuit court.  The
clerk of the circuit court shall  pay  all  moneys  collected
from  these  fees  to  the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and  electronic  monitoring.  The  county  treasurer
shall  deposit  the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
    (h)  Jurisdiction over an  offender  may  be  transferred
from  the  sentencing  court  to the court of another circuit
with the concurrence of both  courts,  or  to  another  state
under   an   Interstate  Probation  Reciprocal  Agreement  as
provided in Section 3-3-11.  Further transfers or retransfers
of jurisdiction are also authorized in the same manner.   The
court  to  which jurisdiction has been transferred shall have
the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to  conditional  discharge
after  January  1,  1992, as a condition of such probation or
conditional discharge,  a  fee  of  $25  for  each  month  of
probation or conditional discharge supervision ordered by the
court,  unless  after determining the inability of the person
sentenced to probation or conditional discharge  to  pay  the
fee,  the  court  assesses  a  lesser  fee. The court may not
impose the fee on a minor who is made a  ward  of  the  State
under  the  Juvenile  Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation  and  court  services
department.   The  fee shall be collected by the clerk of the
circuit court.  The clerk of the circuit court shall pay  all
monies  collected  from  this fee to the county treasurer for
deposit in  the  probation  and  court  services  fund  under
Section 15.1 of the Probation and Probation Officers Act.
    (j)  All  fines  and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 89-198, eff.  7-21-95;  89-587,  eff.  7-31-96;
89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

[ Top ]