Public Act 100-0260
 
HB2390 EnrolledLRB100 07950 RLC 18024 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Criminal Code of 2012 is amended  by changing 
Section 12-7.1 as follows:
 


    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)




    Sec. 12-7.1. Hate crime. 

    (a) A person commits hate crime when, by reason of the 
actual or
perceived race, color, creed, religion, ancestry, 
gender, sexual orientation,
physical or mental disability, or 
national origin of another individual or
group of individuals, 
regardless of the existence of any other motivating
factor or 
factors, he commits assault, battery, aggravated assault, 
misdemeanor
theft, criminal trespass to residence, misdemeanor 
criminal damage
to property, criminal trespass to vehicle, 
criminal trespass to real property,
mob action, disorderly 
conduct, harassment by telephone, or harassment through 
electronic
communications as these crimes are defined in 
Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 
25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 
26.5-3 of this Code,
respectively.

    (b) Except as provided in subsection (b-5), hate crime is a 
Class 4
felony for a first offense and a Class 2 felony for a 
second or subsequent
offense.

    (b-5) Hate crime is a Class 3 felony for a first offense 
and a Class 2
felony for a second or subsequent offense if 
committed:

        (1) in, or upon the exterior or grounds of, a church, 
    synagogue, mosque, or other building, structure, or place

    identified or associated with a particular religion or used 
    for religious worship or other religious purpose;

        (2) in a cemetery, mortuary, or other facility used for 
    the purpose of
burial or memorializing the dead;

        (3) in a school or other educational facility, 
    including an administrative facility or public or private 
    dormitory facility of or associated with the school or 
    other educational facility;

        (4) in a public park or an ethnic or religious 
    community center;

        (5) on the real property comprising any location 
    specified in
clauses (1) through (4) of this subsection 
    (b-5); or

        (6) on a public way within 1,000 feet of the real 
    property comprising any
location specified in clauses (1) 
    through (4) of this subsection (b-5).

    (b-10) Upon imposition of any sentence,
the trial
court 
shall also either order restitution paid to the victim
or 
impose a fine in an amount to be determined by the court based 
on the severity of the crime and the injury or damages suffered 
by the victim up to $1,000.  In addition, any order of probation 
or
conditional discharge entered following a conviction or an 
adjudication of
delinquency shall include a condition that the 
offender perform public or
community service of no less than 
200 hours if that service is established in
the county where 
the offender was convicted of hate crime.  In addition, any 
order of probation or
conditional discharge entered following a 
conviction or an adjudication of
delinquency shall include a 
condition that the offender enroll in an educational program 
discouraging hate crimes involving the protected class 
identified in subsection (a) that gave rise to the offense the 
offender committed if the offender caused criminal damage
to 
property consisting of religious fixtures, objects, or 
decorations.  The educational program must be attended by the 
offender in-person and may be administered, as determined by 
the court, by a university, college, community college, 
non-profit organization, or the Illinois Holocaust and 
Genocide Commission, or any other organization that provides 
educational programs discouraging hate crimes, except that 
programs administered online or that can otherwise be attended 
remotely are prohibited.  Nothing in this subsection (b-10) 
prohibits courses discouraging hate crimes from being made 
available online. The court may also
impose any other condition 
of probation or conditional discharge under this
Section. If 
the court sentences the offender to imprisonment or periodic 
imprisonment for a violation of this Section, as a condition of 
the offender's mandatory supervised release, the court shall 
require that the offender perform public or community service 
of no less than 200 hours and enroll in an educational program 
discouraging hate crimes involving the protected class

identified in subsection (a) that gave rise to the offense the 
offender committed. 

    (c) Independent of any criminal prosecution or the result

thereof, any
person suffering injury to his person or damage to 
his property as a result
of a hate crime may bring a civil 
action for damages, injunction
or other appropriate relief. The 
court may award actual damages, including
damages for emotional 
distress, as well as or punitive damages. A judgment in favor 
of a person who brings a civil action under this subsection (c) 
shall may include
attorney's fees and costs.  The parents or 
legal guardians, other than
guardians appointed pursuant to the 
Juvenile Court Act or the Juvenile
Court Act of 1987, of an 
unemancipated minor shall be liable for the amount
of any 
judgment for all actual damages rendered against such minor 
under this
subsection (c) in any amount not exceeding the 
amount provided under
Section 5 of the Parental Responsibility 
Law.

    (d) "Sexual orientation" has the meaning ascribed to it in 
paragraph (O-1) of Section 1-103 of the Illinois Human Rights 
Act.

(Source: P.A. 99-77, eff. 1-1-16.)

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Sections 3-3-7 and  5-6-3 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 
Release.


    (a) The conditions of parole or mandatory
supervised 
release shall be such as the Prisoner Review
Board deems 
necessary to assist the subject in leading a
law-abiding life. 
The conditions of every parole and mandatory
supervised release 
are that the subject:


        (1) not violate any criminal statute of any 
    jurisdiction
during the parole or release term;


        (2) refrain from possessing a firearm or other 
    dangerous
weapon;


        (3) report to an agent of the Department of 
    Corrections;


        (4) permit the agent to visit him or her at his or her 
    home, employment,
or
elsewhere to the
extent necessary for 
    the agent to discharge his or her duties;


        (5) attend or reside in a facility established for the 
    instruction or
residence
of persons on
parole or mandatory 
    supervised release;


        (6) secure permission before visiting or writing a 
    committed person in an
Illinois Department
of Corrections 
    facility;


        (7) report all arrests to an agent of the Department of 
    Corrections as
soon as
permitted by the
arresting authority 
    but in no event later than 24 hours after release from

    custody and immediately report service or notification of 
    an order of protection, a civil no contact order, or a 
    stalking no contact order to an agent of the Department of 
    Corrections;

        (7.5) if convicted of a sex offense as defined in the 
    Sex Offender
Management Board Act, the individual shall 
    undergo and successfully complete
sex offender treatment 
    conducted in conformance with the standards developed by

    the Sex
Offender Management Board Act by a treatment 
    provider approved by the Board;


        (7.6) if convicted of a sex offense as defined in the 
    Sex Offender
Management Board Act, refrain from residing at 
    the same address or in the  same condominium unit or 
    apartment unit or in the same condominium complex or 
    apartment complex with another person he or she knows or 
    reasonably should know is a convicted sex offender or has 
    been placed on supervision for a sex offense; the 
    provisions of this paragraph do not apply to a person 
    convicted of a sex offense who is placed in a Department of 
    Corrections licensed transitional housing facility for sex 
    offenders, or is in any facility operated or licensed by 
    the Department of Children and Family Services or by the 
    Department of Human Services, or is in any licensed medical 
    facility;

        (7.7) if convicted for an offense that would qualify 
    the accused as a sexual predator under the Sex Offender 
    Registration Act on or after January 1, 2007 (the effective 
    date of Public Act 94-988), wear an approved electronic 
    monitoring device as defined in Section 5-8A-2 for the 
    duration of the person's parole, mandatory supervised 
    release term, or extended mandatory supervised release 
    term and if convicted for an offense of criminal sexual 
    assault, aggravated criminal sexual assault, predatory 
    criminal sexual assault of a child, criminal sexual abuse, 
    aggravated criminal sexual abuse, or ritualized abuse of a 
    child committed on or after August 11, 2009 (the effective 
    date of Public Act 96-236) when the victim was under 18 
    years of age at the time of the commission of the offense 
    and the defendant used force or the threat of force in the 
    commission of the offense wear an approved electronic 
    monitoring device as defined in Section 5-8A-2 that has 
    Global Positioning System (GPS) capability for the 
    duration of the person's parole, mandatory supervised 
    release term, or extended mandatory supervised release 
    term;

        (7.8)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) that 
    would qualify the accused as a child sex offender as 
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
    1961 or the Criminal Code of 2012, refrain from 
    communicating with or contacting, by means of the Internet,  
    a person who is not related to the accused and whom the 
    accused reasonably believes to be under 18 years of age; 
    for purposes of this paragraph (7.8), "Internet" has the 
    meaning ascribed to it in Section 16-0.1 of the Criminal 
    Code of 2012; and a person is not related to the accused if 
    the person is  not: (i) the spouse, brother, or sister of 
    the accused;  (ii) a descendant of the accused; (iii) a 
    first or second cousin of the accused; or (iv) a step-child 
    or adopted child of the accused;

        (7.9)
 if convicted under Section 11-6, 11-20.1, 
    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or 
    the Criminal Code of 2012, consent to search of computers, 
    PDAs, cellular phones, and other devices under his or her 
    control that are capable of accessing the Internet or 
    storing electronic files, in order to confirm Internet 
    protocol addresses reported in accordance with the Sex 
    Offender Registration Act and compliance with conditions 
    in this Act;

        (7.10)
 if convicted for an offense that would qualify 
    the accused as a sex offender or sexual predator under the 
    Sex Offender Registration Act on or after June 1, 2008 (the 
    effective date of Public Act 95-640), not possess 
    prescription drugs for erectile dysfunction;

        (7.11) if convicted for an offense under Section 11-6, 
    11-9.1, 11-14.4 that involves soliciting for a juvenile 
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    or any attempt to commit any of these offenses, committed 
    on or after June 1, 2009 (the effective date of Public Act 
    95-983):
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 
        (7.12)  if convicted of a sex offense as defined in the 
    Sex Offender
Registration Act committed on or after January 
    1, 2010 (the effective date of Public Act 96-262),  refrain 
    from accessing or using a social networking website as 
    defined in Section 17-0.5 of the Criminal Code of 2012;

        (7.13)  if convicted of a sex offense as defined in 
    Section 2 of the Sex Offender Registration Act committed on 
    or after January 1, 2010 (the effective date of Public Act 
    96-362) that requires the person to register as a sex 
    offender under that Act, may not knowingly use any computer 
    scrub software on any computer that the sex offender uses; 
        (8) obtain permission of an agent of the Department of 
    Corrections before
leaving the
State of Illinois;


        (9) obtain permission of an agent of the Department of 
    Corrections before
changing
his or her residence or 
    employment;


        (10) consent to a search of his or her person, 
    property, or residence
under his or her
control;


        (11) refrain from the use or possession of narcotics or 
    other controlled
substances in
any form, or both, or any 
    paraphernalia related to those substances and submit
to a

    urinalysis test as instructed by a parole agent of the 
    Department of
Corrections;


        (12) not frequent places where controlled substances 
    are illegally sold,
used,
distributed, or administered;


        (13) not knowingly associate with other persons on 
    parole or mandatory
supervised
release without prior 
    written permission of his or her parole agent, except
when 
    the association involves activities related to community 
    programs, worship services, volunteering, and engaging 
    families, and not
associate with
persons who are members of 
    an organized gang as that term is defined in the
Illinois

    Streetgang Terrorism Omnibus Prevention Act;


        (14) provide true and accurate information, as it 
    relates to his or her
adjustment in the
community while on 
    parole or mandatory supervised release or to his or her

    conduct
while incarcerated, in response to inquiries by his 
    or her parole agent or of
the
Department of Corrections; 

        (15) follow any specific instructions provided by the 
    parole agent that
are consistent
with furthering 
    conditions set and approved by the Prisoner Review Board or 
    by
law,
exclusive of placement on electronic detention, to 
    achieve the goals and
objectives of his
or her parole or 
    mandatory supervised release or to protect the public. 
    These
instructions by the parole agent may be modified at 
    any time, as the agent
deems
appropriate;


        (16) if convicted of a sex offense as defined in 
    subsection (a-5) of Section 3-1-2 of this Code, unless the 
    offender is a parent or guardian of the person under 18 
    years of age present in the home and no non-familial minors 
    are present, not participate in a holiday event involving 
    children under 18 years of age, such as distributing candy 
    or other items to children on Halloween, wearing a Santa 
    Claus costume on or preceding Christmas, being employed as 
    a department store Santa Claus, or wearing an Easter Bunny 
    costume on or preceding Easter;
        (17)  if convicted of a violation of an order of 
    protection under Section 12-3.4 or Section 12-30 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, be 
    placed under electronic surveillance as provided in 
    Section 5-8A-7 of this Code; 
        (18)  comply with the terms and conditions of an order 
    of protection issued pursuant to the Illinois Domestic 
    Violence Act of 1986; an order of protection issued by the 
    court of another state, tribe, or United States territory; 
    a no contact order issued pursuant to the Civil No Contact 
    Order Act; or a no contact order issued pursuant to the 
    Stalking No Contact Order Act; and
        (19)  if convicted of a violation of the Methamphetamine 
    Control and Community Protection Act, the Methamphetamine

    Precursor Control Act, or a methamphetamine related 
    offense, be:
            (A) prohibited from purchasing, possessing, or 
        having under his or her control any product containing 
        pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or 
        having under his or her control any product containing 
        ammonium nitrate; and .
            (20) if convicted of a hate crime under Section 
        12-7.1 of the Criminal Code of 2012, perform public or 
        community service of no less than 200 hours and enroll 
        in an
educational program discouraging hate crimes 
        involving the protected class
identified in subsection 
        (a) of Section 12-7.1 of the Criminal Code of 2012 that 
        gave rise to the offense the offender committed ordered 
        by the court. 
    (b) The Board may in addition to other conditions
require 
that the subject:


        (1) work or pursue a course of study or vocational 
    training;


        (2) undergo medical or psychiatric treatment, or 
    treatment
for drug addiction or alcoholism;


        (3) attend or reside in a facility established for the

    instruction or residence of persons on probation or parole;


        (4) support his or her dependents;


        (5) (blank);


        (6) (blank);


        (7) (blank); 

        (7.5)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, refrain 
    from communicating with or contacting, by means of the 
    Internet,  a person who is related to the accused and whom 
    the accused reasonably believes to be under 18 years of 
    age; for purposes of this paragraph (7.5), "Internet" has 
    the meaning ascribed to it in Section 16-0.1 of the 
    Criminal Code of 2012; and a person is related to the 
    accused if the person is: (i) the spouse, brother, or 
    sister of the accused;  (ii) a descendant of the accused; 
    (iii) a first or second cousin of the accused; or (iv) a 
    step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after 
    June 1, 2009 (the effective date of Public Act 95-983) that 
    would qualify as a sex offense as defined in the Sex 
    Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; and

        (8) in addition, if a minor:


            (i) reside with his or her parents or in a foster 
        home;


            (ii) attend school;


            (iii) attend a non-residential program for youth; 
        or


            (iv) contribute to his or her own support at home 
        or in a foster
home.


    (b-1) In addition to the conditions set forth in 
subsections (a) and (b), persons required to register as sex 
offenders pursuant to the Sex Offender Registration Act, upon 
release from the custody of the Illinois Department of 
Corrections, may be required by the Board to  comply with the 
following specific conditions of release:
        (1) reside only at a Department approved location;  
        (2) comply with all requirements of the Sex Offender 
    Registration Act;

        (3) notify
         third parties of the risks that may be 
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department 
    of Corrections prior to accepting employment or pursuing a 
    course of study or vocational training and notify the 
    Department prior to any change in employment, study, or 
    training;
        (5) not be employed or participate in any
         volunteer 
    activity that involves contact with children, except under 
    circumstances approved in advance and in writing by an 
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12 
    months from the date of release as determined by the Board;

        (7) refrain from entering into a designated
         geographic 
    area except upon terms approved in advance by an  agent of 
    the Department of Corrections.  The terms may include 
    consideration of the purpose of the entry, the time of day, 
    and others accompanying the person;
        (8) refrain from having any contact, including
         written 
    or oral communications, directly or indirectly, personally 
    or by telephone, letter, or through a third party with 
    certain specified persons including, but not limited to, 
    the victim or the victim's family without the prior written 
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or
         indirectly, 
    personally, by telephone, letter, or through a third party, 
    with minor children without prior identification and 
    approval of an  agent of  the Department of Corrections;
        (10) neither possess or have under his or her
         control 
    any material that is sexually oriented, sexually 
    stimulating, or that shows male or female sex organs or any 
    pictures depicting children under 18 years of age nude or 
    any written or audio material describing sexual 
    intercourse or that depicts or alludes to sexual activity, 
    including but not limited to visual, auditory, telephonic, 
    or electronic media, or any matter obtained through access 
    to any computer or material linked to computer access use;
        (11) not patronize any business providing
         sexually 
    stimulating or sexually oriented entertainment nor utilize 
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about
         parks, 
    schools, day care centers, swimming pools, beaches, 
    theaters, or any other places where minor children 
    congregate without advance approval of an agent of the 
    Department of Corrections and immediately report any 
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
         
    certain specified items of contraband related to the 
    incidence of sexually offending as determined by an agent 
    of the Department of Corrections;
        (14) may be required to provide a written daily log of 
    activities
         if directed by an agent of the Department of 
    Corrections;
        (15) comply with all other special conditions
         that the 
    Department may impose that restrict the person from 
    high-risk situations and limit access to potential 
    victims;
        (16) take an annual polygraph exam;
        (17)  maintain a log of his or her travel; or
        (18)  obtain prior approval of his or her parole officer 
    before driving alone in a motor vehicle.

    (c) The conditions under which the parole or mandatory

supervised release is to be served shall be communicated to
the 
person in writing prior to his or her release, and he or she 
shall
sign the same before release. A signed copy of these 
conditions,
including a copy of an order of protection where 
one had been issued by the
criminal court, shall be retained by 
the person and another copy forwarded to
the officer in charge 
of his or her supervision.


    (d) After a hearing under Section 3-3-9, the Prisoner

Review  Board may modify or enlarge the conditions of parole
or 
mandatory supervised release.


    (e) The Department shall inform all offenders committed to

the Department of the optional services available to them
upon 
release and shall assist inmates in availing themselves
of such 
optional services upon their release on a voluntary
basis.
    (f)  (Blank).


(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698, 
eff. 7-29-16; revised 9-1-16.)
 
    (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 where the offense is a felony or, if a 
    misdemeanor, the offense involved the intentional or 
    knowing infliction of bodily harm or threat of bodily harm;


        (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.  Transfer of a person's probation or conditional 
    discharge
supervision to another state is subject to 
    acceptance by the other state
pursuant to the Interstate 
    Compact for Adult Offender Supervision;


        (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 or the Criminal Code of 
    2012 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 high school 
    equivalency testing 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 high school equivalency testing if a fee is charged for 
    those courses or testing.  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 high school equivalency testing. This 
    clause (7) does not apply to a person who is determined by

    the court to be a person with a developmental disability or 
    otherwise mentally incapable of
completing the educational 
    or vocational program;


        (8) if convicted of possession of a substance 
    prohibited
by the Cannabis Control Act, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection 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, Section 410 
    of the Illinois Controlled Substances Act, or Section 70 of 
    the Methamphetamine Control and Community Protection Act 
    and upon a
finding by the court that the person is 
    addicted, undergo treatment at a
substance abuse program 
    approved by the court;


        (8.5) if convicted of a felony sex offense as defined 
    in the Sex
Offender
Management Board Act, the person shall 
    undergo and successfully complete sex
offender treatment 
    by a treatment provider approved by the Board and conducted

    in conformance with the standards developed under the Sex

    Offender Management Board Act;

        (8.6) if convicted of a sex offense as defined in the 
    Sex Offender Management Board Act, refrain from residing at 
    the same address or in the same condominium unit or 
    apartment unit or in the same condominium complex or 
    apartment complex with another person he or she knows or 
    reasonably should know is a convicted sex offender or has 
    been placed on supervision for a sex offense; the 
    provisions of this paragraph do not apply to a person 
    convicted of a sex offense who is placed in a Department of 
    Corrections licensed transitional housing facility for sex 
    offenders;
        (8.7)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) that 
    would qualify the accused as a child sex offender as 
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
    1961 or the Criminal Code of 2012, refrain from 
    communicating with or contacting, by means of the Internet,  
    a person who is not related to the accused and whom the 
    accused reasonably believes to be under 18 years of age; 
    for purposes of this paragraph (8.7), "Internet" has the 
    meaning ascribed to it in Section 16-0.1 of the Criminal 
    Code of 2012; and a person is not related to the accused if 
    the person is  not: (i) the spouse, brother, or sister of 
    the accused;  (ii) a descendant of the accused; (iii) a 
    first or second cousin of the accused; or (iv) a step-child 
    or adopted child of the accused;
        (8.8) if convicted for an offense under Section 11-6, 
    11-9.1, 11-14.4 that involves soliciting for a juvenile 
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    or any attempt to commit any of these offenses, committed 
    on or after June 1, 2009 (the effective date of Public Act 
    95-983):
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the offender's probation officer, 
        except in connection with the offender's employment or 
        search for employment with the prior approval of the 
        offender's probation officer;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's probation 
        officer, a law enforcement officer, or assigned 
        computer or information technology specialist, 
        including the retrieval and copying of all data from 
        the computer or device and any internal or external 
        peripherals and removal of such information, 
        equipment, or device to conduct a more thorough 
        inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the offender's probation officer; 
        (8.9)  if convicted of a sex offense as defined in the 
    Sex Offender
Registration Act committed on or after January 
    1, 2010 (the effective date of Public Act 96-262),  refrain 
    from accessing or using a social networking website as 
    defined in Section 17-0.5 of the Criminal Code of 2012;

        (9) if convicted of a felony or of any misdemeanor 
    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
    12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
    2012 that was  determined, pursuant to Section 112A-11.1 of 
    the Code of Criminal Procedure of 1963, to trigger the 
    prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
    at a time and place
designated by the court, his or her 
    Firearm
Owner's Identification Card and
any and all 
    firearms in
his or her possession.  The Court shall return 
    to the Department of State Police Firearm Owner's 
    Identification Card Office the person's Firearm Owner's 
    Identification Card;


        (10) if convicted of a sex offense as defined in 
    subsection (a-5) of Section 3-1-2 of this Code, unless the 
    offender is a parent or guardian of the person under 18 
    years of age present in the home and no non-familial minors 
    are present, not participate in a holiday event involving 
    children under 18 years of age, such as distributing candy 
    or other items to children on Halloween, wearing a Santa 
    Claus costume on or preceding Christmas, being employed as 
    a department store Santa Claus, or wearing an Easter Bunny 
    costume on or preceding Easter; 
        (11) if convicted of a sex offense as defined in 
    Section 2 of the Sex Offender Registration Act committed on 
    or after January 1, 2010 (the effective date of Public Act 
    96-362) that requires the person to register as a sex 
    offender under that Act, may not knowingly use any computer 
    scrub software on any computer that the sex offender uses; 
    and 
        (12)  if convicted of a violation of the Methamphetamine 
    Control and Community Protection Act, the Methamphetamine

    Precursor Control Act, or a methamphetamine related 
    offense:
            (A) prohibited from purchasing, possessing, or 
        having under his or her control any product containing 
        pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or 
        having under his or her control any product containing 
        ammonium nitrate; and .
        (13) if convicted of a hate crime involving the 
    protected class identified in subsection (a) of Section 
    12-7.1 of the Criminal Code of 2012 that gave rise to the 
    offense the offender committed, perform public or 
    community service of no less than 200 hours and enroll in 
    an educational program discouraging hate crimes that 
    includes racial, ethnic, and cultural sensitivity training 
    ordered 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;


            (v) with the consent of the superintendent of the

        facility, attend an educational program at a facility 
        other than the school
in which the
offense was 
        committed if he
or she is convicted of a crime of 
        violence as
defined in
Section 2 of the Crime Victims 
        Compensation Act committed in a school, on the
real

        property
comprising a school, or within 1,000 feet of 
        the real property comprising a
school;


        (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, except as provided in an administrative 
        order of the Chief Judge 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, except as 
        provided in an administrative order of the Chief Judge 
        of the circuit court.
            The Chief Judge of the circuit court of the county 
        may by administrative order establish a program for 
        electronic monitoring of offenders, in which a vendor  
        supplies and monitors the operation of the electronic 
        monitoring device, and collects the fees on behalf of 
        the county.  The program shall include provisions for 
        indigent offenders and the collection of unpaid fees. 
        The program shall not unduly burden the offender and 
        shall be subject to review by the Chief Judge.
            The Chief Judge of the circuit court may suspend 
        any additional charges or fees for late payment, 
        interest, or damage to any device; 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, except as provided in an administrative 
        order of the Chief Judge 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 probation and court services fund.

        The Chief Judge of the circuit court of the county may 
        by administrative order establish a program for 
        electronic monitoring of offenders, in which a vendor  
        supplies and monitors the operation of  the electronic 
        monitoring device, and collects the fees on behalf of 
        the county.  The program shall include provisions for 
        indigent offenders and the collection of unpaid fees. 
        The program shall not unduly burden the offender and 
        shall be subject to review by the Chief Judge. 

            The Chief Judge of the circuit court may suspend 
        any additional charges or fees for late payment, 
        interest, or damage to any device. 
        (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, 
    or an order of protection issued by the court of
another 
    state, tribe, or United States territory. 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, (i) to a 
    "local anti-crime
program", as defined in Section 7 of the 
    Anti-Crime Advisory Council Act, or (ii) for offenses under 
    the jurisdiction of the Department of Natural Resources, to 
    the fund established by the Department of Natural Resources 
    for the purchase of evidence for investigation purposes and 
    to conduct investigations as outlined in Section 805-105 of 
    the Department of Natural Resources (Conservation) Law;


        (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, the Illinois Controlled
Substances Act, or the 
    Methamphetamine Control and Community Protection 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;

        (17)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) that 
    would qualify the accused as a child sex offender as 
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
    1961 or the Criminal Code of 2012, refrain from 
    communicating with or contacting, by means of the Internet,  
    a person who is  related to the accused and whom the accused 
    reasonably believes to be under 18 years of age; for 
    purposes of this paragraph (17), "Internet" has the meaning 
    ascribed to it in Section 16-0.1 of the Criminal Code of 
    2012; and a person is related to the accused if the person 
    is: (i) the spouse, brother, or sister of the accused;  (ii) 
    a descendant of the accused; (iii) a first or second cousin 
    of the accused; or (iv) a step-child or adopted child of 
    the accused;
        (18) if convicted for an offense committed on or after 
    June 1, 2009 (the effective date of Public Act 95-983) that 
    would qualify as a sex offense as defined in the Sex 
    Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the offender's probation officer, 
        except in connection with the offender's employment or 
        search for employment with the prior approval of the 
        offender's probation officer;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's probation 
        officer, a law enforcement officer, or assigned 
        computer or information technology specialist, 
        including the retrieval and copying of all data from 
        the computer or device and any internal or external 
        peripherals and removal of such information, 
        equipment, or device to conduct a more thorough 
        inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        subject's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the offender's probation officer; and 
        (19)  refrain from possessing a firearm or other 
    dangerous weapon where the offense is a misdemeanor that 
    did not involve the intentional or knowing infliction of 
    bodily harm or threat of bodily harm. 
    (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) Except where the offender has committed a fourth or 
subsequent
violation of subsection (c) of Section 6-303 of the 
Illinois Vehicle Code,
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, except as provided in an administrative 
order of the Chief Judge 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.
The Chief Judge of the circuit court of the county may 
by administrative order establish a program for electronic 
monitoring of offenders, in which a vendor supplies and 
monitors the operation of  the electronic monitoring device, and 
collects the fees on behalf of the county.  The program shall 
include provisions for indigent offenders and the collection of 
unpaid fees. The program shall not unduly burden the offender 
and shall be subject to review by the Chief Judge. 

    The Chief Judge of the circuit court may  suspend any 
additional charges or fees for late payment, interest, or 
damage to any device. 
    (h) Jurisdiction over an offender may be transferred from 
the
sentencing court to the court of another circuit with the 
concurrence of
both courts.  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.
The probation department within 
the circuit to which jurisdiction has been transferred, or 
which has agreed to provide supervision, may impose probation 
fees upon receiving the transferred offender, as provided in 
subsection (i). For all transfer cases, as defined in Section 
9b of the Probation and Probation Officers Act, the probation 
department from the original sentencing court shall retain all 
probation fees collected prior to the transfer. After the 
transfer
all probation fees shall be paid to the probation 
department within the
circuit to which jurisdiction has been 
transferred.

    (i) The court shall impose upon an offender
sentenced to 
probation after January 1, 1989 or to conditional discharge

after January 1, 1992  or to community service under the 
supervision of a
probation or court services department after 
January 1, 2004, as a condition of such probation or 
conditional
discharge or supervised community service, a fee of 
$50
 for each month of probation or
conditional
discharge 
supervision or supervised community service ordered by the 
court, unless after
determining the inability of the person 
sentenced to probation or conditional
discharge or supervised 
community service 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.

    A circuit court may not impose a probation fee under this 
subsection (i) in excess of $25
per month unless the circuit 
court has adopted, by administrative
order issued by the chief 
judge, a standard probation fee guide
determining an offender's 
ability to pay Of the
amount collected as a probation fee, up 
to $5 of that fee
collected per month may be used to provide 
services to crime victims
and their families.
    The Court may only waive probation fees based on an 
offender's ability to pay.  The probation department may 
re-evaluate an offender's ability to pay every 6 months, and, 
with the approval of the Director of Court Services or the 
Chief Probation Officer, adjust the monthly fee amount. An 
offender may elect to pay probation fees due in a lump sum.
Any 
offender that has been assigned to the supervision of a 
probation department, or has been transferred either under 
subsection (h) of this Section or under any interstate compact, 
shall be required to pay probation fees to the department 
supervising the offender, based on the offender's ability to 
pay.


    This amendatory Act of the 93rd General Assembly deletes 
the $10 increase in the fee  under this subsection that was  
imposed by Public Act 93-616. This deletion is intended to 
control over any other Act of the 93rd General Assembly that 
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i) 
of this Section,  in the case of an offender convicted of a 
felony sex offense (as defined in the Sex Offender Management 
Board Act) or an offense that the court or probation department 
has determined to be sexually motivated (as defined in the Sex 
Offender Management Board Act), the court or the probation 
department shall assess additional fees to pay for all costs of 
treatment, assessment, evaluation for risk and treatment, and 
monitoring the offender, based on that offender's ability to 
pay those costs either as they occur or under a payment plan.
    (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.


    (k) Any offender who is   sentenced to probation or 
conditional discharge for a felony sex offense as defined in 
the Sex Offender Management Board Act or any offense that the 
court or probation department has determined to be sexually 
motivated as defined in the Sex Offender Management Board Act 
shall be required to refrain from any contact, directly or 
indirectly, with any persons specified by the court and shall 
be available for all evaluations and treatment programs 
required by the court or the probation department.

    (l) The court may order an offender who is sentenced to  
probation or conditional
discharge for a violation of an order 
of protection be placed under electronic surveillance as 
provided in Section 5-8A-7 of this Code. 
(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, 
eff. 7-27-15; 99-797, eff. 8-12-16.)