Public Act 93-0616
HB3556 Enrolled LRB093 10381 AMC 10635 b
AN ACT in relation to sex offenders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sex Offender Management Board Act is
amended by changing Sections 10 and 15 and adding Sections
16, 17, 18, and 19 as follows:
(20 ILCS 4026/10)
Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
(a) "Board" means the Sex Offender Management Board
created in Section 15.
(b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
certified as a sexually dangerous person under the Sexually
Dangerous Persons Act or declared a sexually violent person
under the Sexually Violent Persons Commitment Act, or any
substantially similar federal law or law of another state.
(c) "Sex offense" means any felony or misdemeanor
offense described in this subsection (c) as follows:
(1) Indecent solicitation of a child, in violation
of Section 11-6 of the Criminal Code of 1961;
(2) Indecent solicitation of an adult, in violation
of Section 11-6.5 of the Criminal Code of 1961;
(3) Public indecency, in violation of Section 11-9
of the Criminal Code of 1961;
(4) Sexual exploitation of a child, in violation of
Section 11-9.1 of the Criminal Code of 1961;
(5) Sexual relations within families, in violation
of Section 11-11 of the Criminal Code of 1961;
(6) Soliciting for a juvenile prostitute, in
violation of Section 11-15.1 of the Criminal Code of
1961;
(7) Keeping a place of juvenile prostitution, in
violation of Section 11-17.1 of the Criminal Code of
1961;
(8) Patronizing a juvenile prostitute, in violation
of Section 11-18.1 of the Criminal Code of 1961;
(9) Juvenile pimping, in violation of Section
11-19.1 of the Criminal Code of 1961;
(10) Exploitation of a child, in violation of
Section 11-19.2 of the Criminal Code of 1961;
(11) Child pornography, in violation of Section
11-20.1 of the Criminal Code of 1961;
(12) Harmful material, in violation of Section
11-21 of the Criminal Code of 1961;
(13) Criminal sexual assault, in violation of
Section 12-13 of the Criminal Code of 1961;
(14) Aggravated criminal sexual assault, in
violation of Section 12-14 of the Criminal Code of 1961;
(15) Predatory criminal sexual assault of a child,
in violation of Section 12-14.1 of the Criminal Code of
1961;
(16) Criminal sexual abuse, in violation of Section
12-15 of the Criminal Code of 1961;
(17) Aggravated criminal sexual abuse, in violation
of Section 12-16 of the Criminal Code of 1961;
(18) Ritualized abuse of a child, in violation of
Section 12-33 of the Criminal Code of 1961;
(19) An attempt to commit any of the offenses
enumerated in this subsection (c); or.
(20) Any felony offense under Illinois law that is
sexually motivated.
(d) "Management" means counseling, monitoring, and
supervision of any sex offender that conforms to the
standards created by the Board under Section 15.
(e) "Sexually motivated" means one or more of the facts
of the underlying offense indicates conduct that is of a
sexual nature or that shows an intent to engage in behavior
of a sexual nature.
(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)
(20 ILCS 4026/15)
Sec. 15. Sex Offender Management Board; creation;
duties.
(a) There is created the Sex Offender Management Board,
which shall consist of 24 20 members. The membership of the
Board shall consist of the following persons:
(1) Two members appointed by the Governor
representing the judiciary, one representing juvenile
court matters and one representing adult criminal court
matters;
(2) One member appointed by the Governor
representing Probation Services;
(3) One member appointed by the Governor
representing the Department of Corrections;
(4) One member appointed by the Governor
representing the Department of Human Services;
(5) One member appointed by the Governor
representing the Illinois State Police;
(6) One member appointed by the Governor
representing the Department of Children and Family
Services;
(7) One member appointed by the Attorney General
representing the Office of the Attorney General;
(8) Two members appointed by the Attorney General
who are licensed mental health professionals with
documented expertise in the treatment of sex offenders;
(9) Two members appointed by the Attorney General
who are State's Attorneys or assistant State's Attorneys,
one representing juvenile court matters and one
representing felony court matters;
(10) One member being the Cook County State's
Attorney or his or her designee;
(11) One member being the Director of the State's
Attorneys Appellate Prosecutor or his or her designee;
(12) One member being the Cook County Public
Defender or his or her designee;
(13) Two members appointed by the Governor who are
representatives of law enforcement, one juvenile officer
and one sex crime investigator;
(14) Two members appointed by the Attorney General
who are recognized experts in the field of sexual assault
and who can represent sexual assault victims and victims'
rights organizations; and
(15) One member being the State Appellate Defender
or his or her designee;.
(16) One member being the President of the Illinois
Polygraph Society or his or her designee;
(17) One member being the Executive Director of the
Criminal Justice Information Authority or his or her
designee;
(18) One member being the President of the Illinois
Chapter of the Association for the Treatment of Sexual
Abusers or his or her designee; and
(19) One member representing the Illinois Principal
Association.
(b) The Governor and the Attorney General shall appoint
a presiding officer for the Board from among the board
members appointed under subsection (a) of this Section, which
presiding officer shall serve at the pleasure of the Governor
and the Attorney General.
(c) Each member of the Board shall demonstrate
substantial expertise and experience in the field of sexual
assault.
(d) (1) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (1)
through (7) of subsection (a) of this Section shall serve at
the pleasure of the official who appointed that member, for a
term of 5 years and may be reappointed. The members shall
serve without additional compensation.
(2) Any member of the Board created in subsection (a) of
this Section who is appointed under paragraphs (8) through
(14) of subsection (a) of this Section shall serve for a term
of 5 years and may be reappointed. The members shall serve
without compensation.
(3) The travel costs associated with membership on the
Board created in subsection (a) of this Section will be
reimbursed subject to availability of funds.
(e) The first meeting of this Board shall be held within
45 days of the effective date of this Act.
(f) The Board shall carry out the following duties:
(1) Not later than December 31, 2001, the Board
shall develop and prescribe separate standardized
procedures for the evaluation and identification of the
offender and recommend behavior management, monitoring,
and treatment counseling based upon the knowledge that
sex offenders are extremely habituated and that there is
no known cure for the propensity to commit sex abuse.
The Board shall develop and implement measures of success
based upon a no-cure policy for intervention. The Board
shall develop and implement methods of intervention for
sex offenders which have as a priority the physical and
psychological safety of victims and potential victims and
which are appropriate to the needs of the particular
offender, so long as there is no reduction of the safety
of victims and potential victims.
(2) Not later than December 31, 2001, the Board
shall develop separate guidelines and standards for a
system of programs for the evaluation and treatment
counseling of both juvenile and adult sex offenders which
shall can be utilized by offenders who are placed on
probation, committed to the Department of Corrections or
Department of Human Services, or placed on mandatory
supervised release or parole. The programs developed
under this paragraph (f) shall be as flexible as possible
so that the programs may be utilized by each offender to
prevent the offender from harming victims and potential
victims. The programs shall be structured in such a
manner that the programs provide a continuing monitoring
process as well as a continuum of counseling programs for
each offender as that offender proceeds through the
justice system. Also, the programs shall be developed in
such a manner that, to the extent possible, the programs
may be accessed by all offenders in the justice system.
(3) There is established the Sex Offender
Management Board Fund in the State Treasury into which
funds received under any provision of law or from public
or private sources shall be deposited, and from which
funds shall be appropriated for the purposes set forth in
Section 19 of this Act, Section 5-6-3 of the Unified Code
of Corrections, and Section 3 of the Sex Offender
Registration Act, and the remainder shall be appropriated
to the Sex Offender Management Board for planning and
research.
(4) The Board shall develop and prescribe a plan to
research and analyze the effectiveness of the evaluation,
identification, and counseling procedures and programs
developed under this Act. The Board shall also develop
and prescribe a system for implementation of the
guidelines and standards developed under paragraph (2) of
this subsection (f) and for tracking offenders who have
been subjected to evaluation, identification, and
treatment counseling under this Act. In addition, the
Board shall develop a system for monitoring offender
behaviors and offender adherence to prescribed behavioral
changes. The results of the tracking and behavioral
monitoring shall be a part of any analysis made under
this paragraph (4).
(g) The Board may promulgate rules as are necessary to
carry out the duties of the Board.
(h) The Board and the individual members of the Board
shall be immune from any liability, whether civil or
criminal, for the good faith performance of the duties of the
Board as specified in this Section.
(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98;
91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)
(20 ILCS 4026/16 new)
Sec. 16. Sex offender evaluation and identification
required.
(a) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly, each felony sex offender
who is to be considered for probation shall be required as
part of the pre-sentence or social investigation to submit to
an evaluation for treatment, an evaluation for risk, and
procedures for monitoring of behavior to protect victims and
potential victims developed pursuant to item (1) of
subsection (f) of Section 15 of this Act.
(b) The evaluation required by subsection (a) of this
Section shall be by an evaluator approved by the Sex Offender
Management Board and shall be at the expense of the person
evaluated, based upon that person's ability to pay for such
treatment.
(20 ILCS 4026/17 new)
Sec. 17. Sentencing of sex offenders; treatment based
upon evaluation and identification required.
(a) Each felony sex offender sentenced by the court for
a sex offense shall be required as a part of any sentence to
probation, conditional release, or periodic imprisonment to
undergo treatment based upon the recommendations of the
evaluation made pursuant to Section 16 or based upon any
subsequent recommendations by the Administrative Office of
the Illinois Courts or the county probation department,
whichever is appropriate. Any such treatment and monitoring
shall be at a facility or with a person approved by the Board
and at such offender's own expense based upon the offender's
ability to pay for such treatment.
(b) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly, each sex offender placed on
parole or mandatory supervised release by the Prisoner Review
Board shall be required as a condition of parole to undergo
treatment based upon any evaluation or subsequent
reevaluation regarding such offender during the offender's
incarceration or any period of parole. Any such treatment
shall be by an individual approved by the Board and at the
offender's expense based upon the offender's ability to pay
for such treatment.
(20 ILCS 4026/18 new)
Sec. 18. Sex offender treatment contracts with
providers. The county probation department or the Department
of Human Services shall not employ or contract with and shall
not allow a sex offender to employ or contract with any
individual or entity to provide sex offender evaluation or
treatment services pursuant to this Act unless the sex
offender evaluation or treatment services provided are by an
individual approved by the Board pursuant to item (2) of
subsection (f) of Section 15 of this Act.
(20 ILCS 4026/19 new)
Sec. 19. Sex Offender Management Board Fund.
(a) Any and all practices endorsed or required under
this Act, including but not limited to evaluation, treatment,
or monitoring of programs that are or may be developed by the
agency providing supervision, the Department of Corrections,
or the Department of Human Services shall be at the expense
of the person evaluated or treated, based upon the person's
ability to pay. If it is determined by the agency providing
supervision, the Department of Corrections, or the Department
of Human Services that the person does not have the ability
to pay for practices endorsed or required by this Act, the
agency providing supervision of the sex offender shall
request reimbursement for services. The Sex Offender
Management Board shall provide the agency providing
supervision, the Department of Corrections, or the Department
of Human Services with factors to be considered and criteria
to determine a person's ability to pay. The Sex Offender
Management Board shall coordinate the expenditures of moneys
from the Sex Offender Management Board Fund with any money
expended by counties, the Department of Corrections or the
Department of Human Services. The Board shall develop a plan
for the allocation of moneys deposited in this Fund among the
agency providing supervision, the Department of Corrections,
or the Department of Human Services.
(b) Up to 20% of this Fund shall be retained by the Sex
Offender Management Board for administrative costs, including
staff, incurred pursuant to this Act.
(c) Monies expended for this Fund shall be used to
supplement, not replace offenders' self-pay, or county
appropriations for probation and court services.
(d) Interest earned on monies deposited in this Fund may
be used by the Board for its administrative costs and
expenses.
(e) In addition to the funds provided by the sex
offender, counties, or Departments providing treatment, the
Board shall explore funding sources including but not limited
to State, federal, and private funds.
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 5-701 and 5-715 as follows:
(705 ILCS 405/5-701)
Sec. 5-701. Social investigation report. Upon the order
of the court, a social investigation report shall be prepared
and delivered to the parties at least 3 days prior to the
sentencing hearing. The written report of social
investigation shall include an investigation and report of
the minor's physical and mental history and condition, family
situation and background, economic status, education,
occupation, personal habits, minor's history of delinquency
or criminality or other matters which have been brought to
the attention of the juvenile court, information about
special resources known to the person preparing the report
which might be available to assist in the minor's
rehabilitation, and any other matters which may be helpful to
the court or which the court directs to be included.
Any minor found to be guilty of a sex offense as defined
by the Sex Offender Management Board Act shall be required as
part of the social investigation to submit to a sex offender
evaluation. The evaluation shall be performed in conformance
with the standards developed under the Sex Offender
Management Board Act and by an evaluator approved by the
Board.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge
shall not exceed 5 years or until the minor has attained the
age of 21 years, whichever is less, except as provided in
this Section for a minor who is found to be guilty for an
offense which is first degree murder, a Class X felony or a
forcible felony. The juvenile court may terminate probation
or conditional discharge and discharge the minor at any time
if warranted by the conduct of the minor and the ends of
justice; provided, however, that the period of probation for
a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony, or a forcible felony
shall be at least 5 years.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment,
rendered by a psychiatrist or psychological treatment
rendered by a clinical psychologist or social work
services rendered by a clinical social worker, or
treatment for drug addiction or alcoholism;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or
her at his or her home or elsewhere;
(i) reside with his or her parents or in a foster
home;
(j) attend school;
(j-5) 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 committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
(4) of Section 5-710;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) 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 minor:
(i) remain within the interior premises of the
place designated for his or her confinement during
the hours designated by the court;
(ii) admit any person or agent designated by
the court into the minor's place of confinement at
any time for purposes of verifying the minor's
compliance with the conditions of his or her
confinement; and
(iii) use an approved electronic monitoring
device if ordered by the court subject to Article 8A
of Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer, if the minor has been placed on
probation, or advance approval by the court, if the minor
has been placed on conditional discharge;
(s) 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;
(s-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(t) 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 shall submit
samples of his or her blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered
by the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on
any alcohol, cannabis, or controlled substance violation,
refrain from acquiring a driver's license during the period
of probation or conditional discharge. If the minor 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.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be
guilty and placed on probation for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as
defined in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a
treatment provider approved by the Board. The treatment
shall be at the expense of the person evaluated based upon
that person's ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall
be given a certificate setting forth the conditions upon
which he or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
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 minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court
may not impose the fee on a minor who is made a ward of the
State under this Act while the minor is in placement. The
fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department.
The court may order the parent, guardian, or legal custodian
of the minor to pay some or all of the fee on the minor's
behalf.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel
compliance with the conditions of probation by responding to
violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit
shall adopt a system of structured, intermediate sanctions
for violations of the terms and conditions of a sentence of
supervision, probation or conditional discharge, under this
Act.
The court shall provide as a condition of a disposition
of probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(Source: P.A. 91-98, eff. 1-1-00; 92-282, eff. 8-7-01;
92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)
Section 15. The Sexually Dangerous Persons Act is
amended by changing Section 8 as follows:
(725 ILCS 205/8) (from Ch. 38, par. 105-8)
Sec. 8. If the respondent is found to be a sexually
dangerous person then the court shall appoint the Director of
Corrections guardian of the person found to be sexually
dangerous and such person shall stand committed to the
custody of such guardian. The Director of Corrections as
guardian shall keep safely the person so committed until the
person has recovered and is released as hereinafter provided.
The Director of Corrections as guardian shall provide care
and treatment for the person committed to him designed to
effect recovery. Any treatment provided under this Section
shall be in conformance with the standards promulgated by the
Sex Offender Management Board Act and conducted by a
treatment provider approved by the Board. The Director may
place that ward in any facility in the Department of
Corrections or portion thereof set aside for the care and
treatment of sexually dangerous persons. The Department of
Corrections may also request another state Department or
Agency to examine such person and upon such request, such
Department or Agency shall make such examination and the
Department of Corrections may, with the consent of the chief
executive officer of such other Department or Agency,
thereupon place such person in the care and treatment of such
other Department or Agency.
(Source: P.A. 92-786, eff. 8-6-02.)
Section 20. The Sexually Violent Persons Commitment Act
is amended by changing Sections 10, 25, 30, 40, 55, 60, and
65 as follows:
(725 ILCS 207/10)
Sec. 10. Notice to the Attorney General and State's
Attorney.
(a) In this Act, "agency with jurisdiction" means the
agency with the authority or duty to release or discharge the
person.
(b) If an agency with jurisdiction has control or
custody over a person who may meet the criteria for
commitment as a sexually violent person, the agency with
jurisdiction shall inform the Attorney General and the
State's Attorney in a position to file a petition under
paragraph (a)(2) of Section 15 of this Act regarding the
person as soon as possible beginning 3 months prior to the
applicable date of the following:
(1) The anticipated release from imprisonment or
the anticipated entry into mandatory supervised release
of a person who has been convicted of a sexually violent
offense.
(2) The anticipated release from a Department of
Corrections correctional facility or juvenile
correctional facility of a person adjudicated delinquent
under Section 5-20 of the Juvenile Court Act of 1987 (now
repealed) or found guilty under Section 5-620 of that
Act, on the basis of a sexually violent offense.
(3) The discharge or conditional release of a
person who has been found not guilty of a sexually
violent offense by reason of insanity under Section 5-2-4
of the Unified Code of Corrections.
(c) The agency with jurisdiction shall provide the
Attorney General and the State's Attorney with all of the
following:
(1) The person's name, identifying factors,
anticipated future residence and offense history;
(2) A comprehensive evaluation of the person's
mental condition, the basis upon which a determination
has been made that the person is subject to commitment
under subsection (b) of Section 15 of this Act and a
recommendation for action in furtherance of the purposes
of this Act. The evaluation shall be conducted in
conformance with the standards developed under the Sex
Offender Management Board Act and by an evaluator
approved by the Board; and
(3) If applicable, documentation of any treatment
and the person's adjustment to any institutional
placement.
(d) Any agency or officer, employee or agent of an
agency is immune from criminal or civil liability for any
acts or omissions as the result of a good faith effort to
comply with this Section.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
91-357, eff. 7-29-99.)
(725 ILCS 207/25)
Sec. 25. Rights of persons subject to petition.
(a) Any person who is the subject of a petition filed
under Section 15 of this Act shall be served with a copy of
the petition in accordance with the Civil Practice Law.
(b) The circuit court in which a petition under Section
15 of this Act is filed shall conduct all hearings under this
Act. The court shall give the person who is the subject of
the petition reasonable notice of the time and place of each
such hearing. The court may designate additional persons to
receive these notices.
(c) Except as provided in paragraph (b)(1) of Section 65
and Section 70 of this Act, at any hearing conducted under
this Act, the person who is the subject of the petition has
the right to:
(1) To be present and to be represented by counsel.
If the person is indigent, the court shall appoint
counsel.
(2) Remain silent.
(3) Present and cross-examine witnesses.
(4) Have the hearing recorded by a court reporter.
(d) The person who is the subject of the petition, the
person's attorney, the Attorney General or the State's
Attorney may request that a trial under Section 35 of this
Act be to a jury. A verdict of a jury under this Act is not
valid unless it is unanimous.
(e) Whenever the person who is the subject of the
petition is required to submit to an examination under this
Act, he or she may retain experts or professional persons to
perform an examination. The respondent's chosen evaluator
must be approved by the Sex Offender Management Board and the
evaluation must be conducted in conformance with the
standards developed under the Sex Offender Management Board
Act. If the person retains a qualified expert or
professional person of his or her own choice to conduct an
examination, the examiner shall have reasonable access to the
person for the purpose of the examination, as well as to the
person's past and present treatment records and patient
health care records. If the person is indigent, the court
shall, upon the person's request, appoint a qualified and
available expert or professional person to perform an
examination. Upon the order of the circuit court, the county
shall pay, as part of the costs of the action, the costs of a
court-appointed expert or professional person to perform an
examination and participate in the trial on behalf of an
indigent person.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/30)
Sec. 30. Detention; probable cause hearing; transfer for
examination.
(a) Upon the filing of a petition under Section 15 of
this Act, the court shall review the petition to determine
whether to issue an order for detention of the person who is
the subject of the petition. The person shall be detained
only if there is cause to believe that the person is eligible
for commitment under subsection (f) of Section 35 of this
Act. A person detained under this Section shall be held in a
facility approved by the Department. If the person is
serving a sentence of imprisonment, is in a Department of
Corrections correctional facility or juvenile correctional
facility or is committed to institutional care, and the court
orders detention under this Section, the court shall order
that the person be transferred to a detention facility
approved by the Department. A detention order under this
Section remains in effect until the person is discharged
after a trial under Section 35 of this Act or until the
effective date of a commitment order under Section 40 of this
Act, whichever is applicable.
(b) Whenever a petition is filed under Section 15 of
this Act, the court shall hold a hearing to determine whether
there is probable cause to believe that the person named in
the petition is a sexually violent person. If the person
named in the petition is in custody, the court shall hold the
probable cause hearing within 72 hours after the petition is
filed, excluding Saturdays, Sundays and legal holidays. The
court may grant a continuance of the probable cause hearing
for no more than 7 additional days upon the motion of the
respondent, for good cause. If the person named in the
petition has been released, is on parole, is on mandatory
supervised release, or otherwise is not in custody, the court
shall hold the probable cause hearing within a reasonable
time after the filing of the petition. At the probable cause
hearing, the court shall admit and consider all relevant
hearsay evidence.
(c) If the court determines after a hearing that there
is probable cause to believe that the person named in the
petition is a sexually violent person, the court shall order
that the person be taken into custody if he or she is not in
custody and shall order the person to be transferred within a
reasonable time to an appropriate facility for an evaluation
as to whether the person is a sexually violent person. If the
person who is named in the petition refuses to speak to,
communicate with, or otherwise fails to cooperate with the
examining evaluator from the Department of Human Services or
the Department of Corrections, that person may only introduce
evidence and testimony from any expert or professional person
who is retained or court-appointed to conduct an examination
of the person that results from a review of the records and
may not introduce evidence resulting from an examination of
the person. Any evaluation conducted under this Section shall
be by an evaluator approved by the Sex Offender Management
Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act.
Notwithstanding the provisions of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act,
all evaluations conducted pursuant to this Act and all
Illinois Department of Corrections treatment records shall be
admissible at all proceedings held pursuant to this Act,
including the probable cause hearing and the trial.
If the court determines that probable cause does not
exist to believe that the person is a sexually violent
person, the court shall dismiss the petition.
(d) The Department shall promulgate rules that provide
the qualifications for persons conducting evaluations under
subsection (c) of this Section.
(e) If the person named in the petition claims or
appears to be indigent, the court shall, prior to the
probable cause hearing under subsection (b) of this Section,
appoint counsel.
(Source: P.A. 92-415, eff. 8-17-01.)
(725 ILCS 207/40)
Sec. 40. Commitment.
(a) If a court or jury determines that the person who is
the subject of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person to
be committed to the custody of the Department for control,
care and treatment until such time as the person is no longer
a sexually violent person.
(b) (1) The court shall enter an initial commitment
order under this Section pursuant to a hearing held as
soon as practicable after the judgment is entered that
the person who is the subject of a petition under Section
15 is a sexually violent person. If the court lacks
sufficient information to make the determination required
by paragraph (b)(2) of this Section immediately after
trial, it may adjourn the hearing and order the
Department to conduct a predisposition investigation or a
supplementary mental examination, or both, to assist the
court in framing the commitment order. A supplementary
mental examination under this Section shall be conducted
in accordance with Section 3-804 of the Mental Health and
Developmental Disabilities Code.
(2) An order for commitment under this Section
shall specify either institutional care in a secure
facility, as provided under Section 50 of this Act, or
conditional release. In determining whether commitment
shall be for institutional care in a secure facility or
for conditional release, the court shall consider the
nature and circumstances of the behavior that was the
basis of the allegation in the petition under paragraph
(b)(1) of Section 15, the person's mental history and
present mental condition, where the person will live, how
the person will support himself or herself, and what
arrangements are available to ensure that the person has
access to and will participate in necessary treatment.
All treatment, whether in institutional care, in a secure
facility, or while on conditional release, shall be
conducted in conformance with the standards developed
under the Sex Offender Management Board Act and conducted
by a treatment provider approved by the Board. The
Department shall arrange for control, care and treatment
of the person in the least restrictive manner consistent
with the requirements of the person and in accordance
with the court's commitment order.
(3) If the court finds that the person is
appropriate for conditional release, the court shall
notify the Department. The Department shall prepare a
plan that identifies the treatment and services, if any,
that the person will receive in the community. The plan
shall address the person's need, if any, for supervision,
counseling, medication, community support services,
residential services, vocational services, and alcohol or
other drug abuse treatment. The Department may contract
with a county health department, with another public
agency or with a private agency to provide the treatment
and services identified in the plan. The plan shall
specify who will be responsible for providing the
treatment and services identified in the plan. The plan
shall be presented to the court for its approval within
60 days after the court finding that the person is
appropriate for conditional release, unless the
Department and the person to be released request
additional time to develop the plan. The conditional
release program operated under this Section is not
subject to the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act.
(4) An order for conditional release places the
person in the custody and control of the Department. A
person on conditional release is subject to the
conditions set by the court and to the rules of the
Department. Before a person is placed on conditional
release by the court under this Section, the court shall
so notify the municipal police department and county
sheriff for the municipality and county in which the
person will be residing. The notification requirement
under this Section does not apply if a municipal police
department or county sheriff submits to the court a
written statement waiving the right to be notified. If
the Department alleges that a released person has
violated any condition or rule, or that the safety of
others requires that conditional release be revoked, he
or she may be taken into custody under the rules of the
Department.
At any time during which the person is on
conditional release, if the Department determines that
the person has violated any condition or rule, or that
the safety of others requires that conditional release be
revoked, the Department may request the Attorney General
or State's Attorney to request the court to issue an
emergency ex parte order directing any law enforcement
officer to take the person into custody and transport the
person to the county jail. The Department may request, or
the Attorney General or State's Attorney may request
independently of the Department, that a petition to
revoke conditional release be filed. When a petition is
filed, the court may order the Department to issue a
notice to the person to be present at the Department or
other agency designated by the court, order a summons to
the person to be present, or order a body attachment for
all law enforcement officers to take the person into
custody and transport him or her to the county jail,
hospital, or treatment facility. The Department shall
submit a statement showing probable cause of the
detention and a petition to revoke the order for
conditional release to the committing court within 48
hours after the detention. The court shall hear the
petition within 30 days, unless the hearing or time
deadline is waived by the detained person. Pending the
revocation hearing, the Department may detain the person
in a jail, in a hospital or treatment facility. The
State has the burden of proving by clear and convincing
evidence that any rule or condition of release has been
violated, or that the safety of others requires that the
conditional release be revoked. If the court determines
after hearing that any rule or condition of release has
been violated, or that the safety of others requires that
conditional release be revoked, it may revoke the order
for conditional release and order that the released
person be placed in an appropriate institution until the
person is discharged from the commitment under Section 65
of this Act or until again placed on conditional release
under Section 60 of this Act.
(5) An order for conditional release places the
person in the custody, care, and control of the
Department. The court shall order the person be subject
to the following rules of conditional release, in
addition to any other conditions ordered, and the person
shall be given a certificate setting forth the conditions
of conditional release. These conditions shall be that
the person:
(A) not violate any criminal statute of any
jurisdiction;
(B) report to or appear in person before such
person or agency as directed by the court and the
Department;
(C) refrain from possession of a firearm or
other dangerous weapon;
(D) 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
Department;
(E) at the direction of the Department, notify
third parties of the risks that may be occasioned by
his or her criminal record or sexual offending
history or characteristics, and permit the
supervising officer or agent to make the
notification requirement;
(F) attend and fully participate in
assessment, treatment, and behavior monitoring
including, but not limited to, medical,
psychological or psychiatric treatment specific to
sexual offending, drug addiction, or alcoholism, to
the extent appropriate to the person based upon the
recommendation and findings made in the Department
evaluation or based upon any subsequent
recommendations by the Department;
(G) waive confidentiality allowing the court
and Department access to assessment or treatment
results or both;
(H) work regularly at a Department approved
occupation or pursue a course of study or vocational
training and notify the Department within 72 hours
of any change in employment, study, or training;
(I) not be employed or participate in any
volunteer activity that involves contact with
children, except under circumstances approved in
advance and in writing by the Department officer;
(J) submit to the search of his or her person,
residence, vehicle, or any personal or real property
under his or her control at any time by the
Department;
(K) financially support his or her dependents
and provide the Department access to any requested
financial information;
(L) serve a term of home confinement, the
conditions of which shall be that the person:
(i) remain within the interior premises
of the place designated for his or her
confinement during the hours designated by the
Department;
(ii) admit any person or agent designated
by the Department into the offender's place of
confinement at any time for purposes of
verifying the person's compliance with the
condition of his or her confinement;
(iii) if deemed necessary by the
Department, be placed on an electronic
monitoring device;
(M) comply with the terms and conditions of an
order of protection issued by the court pursuant to
the Illinois Domestic Violence Act of 1986. A copy
of the order of protection shall be transmitted to
the Department by the clerk of the court;
(N) refrain from entering into a designated
geographic area except upon terms the Department
finds appropriate. The terms may include
consideration of the purpose of the entry, the time
of day, others accompanying the person, and advance
approval by the Department;
(O) refrain from having any contact, including
written or oral communications, directly or
indirectly, with certain specified persons
including, but not limited to, the victim or the
victim's family, and report any incidental contact
with the victim or the victim's family to the
Department within 72 hours; refrain from entering
onto the premises of, traveling past, or loitering
near the victim's residence, place of employment, or
other places frequented by the victim;
(P) refrain from having any contact, including
written or oral communications, directly or
indirectly, with particular types of persons,
including but not limited to members of street
gangs, drug users, drug dealers, or prostitutes;
(Q) refrain from all contact, direct or
indirect, personally, by telephone, letter, or
through another person, with minor children without
prior identification and approval of the Department;
(R) refrain from having in his or her body the
presence of alcohol or 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 breath,
saliva, blood, or urine for tests to determine the
presence of alcohol or any illicit drug;
(S) not establish a dating, intimate, or
sexual relationship with a person without prior
written notification to the Department;
(T) neither possess or have under his or her
control any material that is pornographic, sexually
oriented, or sexually stimulating, or that depicts
or alludes to sexual activity or depicts minors
under the age of 18, including but not limited to
visual, auditory, telephonic, electronic media, or
any matter obtained through access to any computer
or material linked to computer access use;
(U) not patronize any business providing
sexually stimulating or sexually oriented
entertainment nor utilize "900" or adult telephone
numbers or any other sex-related telephone numbers;
(V) 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 the
Department and report any incidental contact with
minor children to the Department within 72 hours;
(W) not establish any living arrangement or
residence without prior approval of the Department;
(X) not publish any materials or print any
advertisements without providing a copy of the
proposed publications to the Department officer and
obtaining permission prior to publication;
(Y) not leave the county except with prior
permission of the Department and provide the
Department officer or agent with written travel
routes to and from work and any other designated
destinations;
(Z) not possess or have under his or her
control certain specified items of contraband
related to the incidence of sexually offending items
including video or still camera items or children's
toys;
(AA) provide a written daily log of activities
as directed by the Department;
(BB) comply with all other special conditions
that the Department may impose that restrict the
person from high-risk situations and limit access or
potential victims.
(6) A person placed on conditional release and who
during the term undergoes mandatory drug or alcohol
testing or is assigned to be placed on an approved
electronic monitoring device may be ordered to pay all
costs incidental to the mandatory drug or alcohol testing
and all costs incidental to the approved electronic
monitoring in accordance with the person's ability to pay
those costs. The Department may establish reasonable
fees for the cost of maintenance, testing, and incidental
expenses related to the mandatory drug or alcohol testing
and all costs incidental to approved electronic
monitoring.
(Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)
(725 ILCS 207/55)
Sec. 55. Periodic reexamination; report.
(a) If a person has been committed under Section 40 of
this Act and has not been discharged under Section 65 of this
Act, the Department shall conduct an examination of his or
her mental condition within 6 months after an initial
commitment under Section 40 and then at least once every 12
months from the completion of the last evaluation for the
purpose of determining whether the person has made sufficient
progress to be conditionally released or discharged. At the
time of a reexamination under this Section, the person who
has been committed may retain or, if he or she is indigent
and so requests, the court may appoint a qualified expert or
a professional person to examine him or her.
(b) Any examiner conducting an examination under this
Section shall prepare a written report of the examination no
later than 30 days after the date of the examination. The
examiner shall place a copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person under Section 40. The
examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
(c) Notwithstanding subsection (a) of this Section, the
court that committed a person under Section 40 may order a
reexamination of the person at any time during the period in
which the person is subject to the commitment order.
(d) Petitions for discharge after reexamination must
follow the procedure outlined in Section 65 of this Act.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
91-227, eff. 1-1-00; 91-875, eff. 6-30-00.)
(725 ILCS 207/60)
Sec. 60. Petition for conditional release.
(a) Any person who is committed for institutional care
in a secure facility or other facility under Section 40 of
this Act may petition the committing court to modify its
order by authorizing conditional release if at least 6 months
have elapsed since the initial commitment order was entered,
the most recent release petition was denied or the most
recent order for conditional release was revoked. The
director of the facility at which the person is placed may
file a petition under this Section on the person's behalf at
any time.
(b) If the person files a timely petition without
counsel, the court shall serve a copy of the petition on the
Attorney General or State's Attorney, whichever is applicable
and, subject to paragraph (c)(1) of Section 25 of this Act,
appoint counsel. If the person petitions through counsel,
his or her attorney shall serve the Attorney General or
State's Attorney, whichever is applicable.
(c) Within 20 days after receipt of the petition, the
court shall appoint one or more examiners having the
specialized knowledge determined by the court to be
appropriate, who shall examine the mental condition of the
person and furnish a written report of the examination to the
court within 30 days after appointment. The examiners shall
have reasonable access to the person for purposes of
examination and to the person's past and present treatment
records and patient health care records. If any such
examiner believes that the person is appropriate for
conditional release, the examiner shall report on the type of
treatment and services that the person may need while in the
community on conditional release. The State has the right to
have the person evaluated by experts chosen by the State. Any
examination or evaluation conducted under this Section shall
be in conformance with the standards developed under the Sex
Offender Management Board Act and conducted by an evaluator
approved by the Board. The court shall set a probable cause
hearing as soon as practical after the examiner's report is
filed. If the court determines at the probable cause hearing
that cause exists to believe that it is not substantially
probable that the person will engage in acts of sexual
violence if on release or conditional release, the court
shall set a hearing on the issue.
(d) The court, without a jury, shall hear the petition
within 30 days after the report of the court-appointed
examiner is filed with the court, unless the petitioner
waives this time limit. The court shall grant the petition
unless the State proves by clear and convincing evidence that
the person has not made sufficient progress to be
conditionally released. In making a decision under this
subsection, the court must consider the nature and
circumstances of the behavior that was the basis of the
allegation in the petition under paragraph (b)(1) of Section
15 of this Act, the person's mental history and present
mental condition, where the person will live, how the person
will support himself or herself and what arrangements are
available to ensure that the person has access to and will
participate in necessary treatment.
(e) Before the court may enter an order directing
conditional release to a less restrictive alternative it must
find the following: (1) the person will be treated by a
Department approved treatment provider, (2) the treatment
provider has presented a specific course of treatment and has
agreed to assume responsibility for the treatment and will
report progress to the Department on a regular basis, and
will report violations immediately to the Department,
consistent with treatment and supervision needs of the
respondent, (3) housing exists that is sufficiently secure to
protect the community, and the person or agency providing
housing to the conditionally released person has agreed in
writing to accept the person, to provide the level of
security required by the court, and immediately to report to
the Department if the person leaves the housing to which he
or she has been assigned without authorization, (4) the
person is willing to or has agreed to comply with the
treatment provider, the Department, and the court, and (5)
the person has agreed or is willing to agree to comply with
the behavioral monitoring requirements imposed by the court
and the Department.
(f) If the court finds that the person is appropriate
for conditional release, the court shall notify the
Department. The Department shall prepare a plan that
identifies the treatment and services, if any, that the
person will receive in the community. The plan shall address
the person's need, if any, for supervision, counseling,
medication, community support services, residential services,
vocational services, and alcohol or other drug abuse
treatment. The Department may contract with a county health
department, with another public agency or with a private
agency to provide the treatment and services identified in
the plan. The plan shall specify who will be responsible for
providing the treatment and services identified in the plan.
The plan shall be presented to the court for its approval
within 60 days after the court finding that the person is
appropriate for conditional release, unless the Department
and the person to be released request additional time to
develop the plan.
(g) The provisions of paragraph (b)(4) of Section 40 of
this Act apply to an order for conditional release issued
under this Section.
(Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)
(725 ILCS 207/65)
Sec. 65. Petition for discharge; procedure.
(a)(1) If the Secretary determines at any time that a
person committed under this Act is no longer a sexually
violent person, the Secretary shall authorize the person to
petition the committing court for discharge. The person
shall file the petition with the court and serve a copy upon
the Attorney General or the State's Attorney's office that
filed the petition under subsection (a) of Section 15 of this
Act, whichever is applicable. The court, upon receipt of the
petition for discharge, shall order a hearing to be held
within 45 days after the date of receipt of the petition.
(2) At a hearing under this subsection, the Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State and shall have the right
to have the petitioner examined by an expert or professional
person of his or her choice. The examination shall be
conducted in conformance with the standards developed under
the Sex Offender Management Board Act and by an evaluator
approved by the Board. The committed person or the State may
elect to have the hearing before a jury. The State has the
burden of proving by clear and convincing evidence that the
petitioner is still a sexually violent person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (a)(2) of this
Section, the petitioner shall be discharged from the custody
or supervision of the Department. If the court is satisfied
that the State has met its burden of proof under paragraph
(a)(2), the court may proceed under Section 40 of this Act to
determine whether to modify the petitioner's existing
commitment order.
(b)(1) A person may petition the committing court for
discharge from custody or supervision without the Secretary's
approval. At the time of an examination under subsection (a)
of Section 55 of this Act, the Secretary shall provide the
committed person with a written notice of the person's right
to petition the court for discharge over the Secretary's
objection. The notice shall contain a waiver of rights. The
Secretary shall forward the notice and waiver form to the
court with the report of the Department's examination under
Section 55 of this Act. If the person does not affirmatively
waive the right to petition, the court shall set a probable
cause hearing to determine whether facts exist that warrant a
hearing on whether the person is still a sexually violent
person. If a person does not file a petition for discharge,
yet fails to waive the right to petition under this Section,
then the probable cause hearing consists only of a review of
the reexamination reports and arguments on behalf of the
parties. The committed person has a right to have an attorney
represent him or her at the probable cause hearing, but the
person is not entitled to be present at the probable cause
hearing. The probable cause hearing under this Section must
be held within 45 days of the filing of the reexamination
report under Section 55 of this Act.
(2) If the court determines at the probable cause
hearing under paragraph (b)(1) of this Section that probable
cause exists to believe that the committed person is no
longer a sexually violent person, then the court shall set a
hearing on the issue. At a hearing under this Section, the
committed person is entitled to be present and to the benefit
of the protections afforded to the person under Section 25 of
this Act. The committed person or the State may elect to have
a hearing under this Section before a jury. A verdict of a
jury under this Section is not valid unless it is unanimous.
The Attorney General or State's Attorney, whichever filed the
original petition, shall represent the State at a hearing
under this Section. The State has the right to have the
committed person evaluated by experts chosen by the State.
The examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board. At the
hearing, the State has the burden of proving by clear and
convincing evidence that the committed person is still a
sexually violent person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (b)(2) of this
Section, the person shall be discharged from the custody or
supervision of the Department. If the court or jury is
satisfied that the State has met its burden of proof under
paragraph (b)(2) of this Section, the court may proceed under
Section 40 of this Act to determine whether to modify the
person's existing commitment order.
(Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.)
Section 22. The Unified Code of Corrections is amended
by changing Sections 3-3-7, 3-6-2, 3-9-7, 5-3-1, 5-3-2,
5-4-1, 5-6-3, and 5-7-1 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;
(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;
(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 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; and
(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.
(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 dependents;
(5) (blank);
(6) (blank);
(7) comply with the terms and conditions of an
order of protection issued pursuant to the Illinois
Domestic Violence Act of 1986, enacted by the 84th
General Assembly, or an order of protection issued by the
court of another state, tribe, or United States
territory; and
(8) 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; or
(iv) contribute to his own support at home or
in a foster home.
(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 release, and he 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
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.
(Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department
shall be administered by a chief administrative officer
appointed by the Director. A chief administrative officer
shall be responsible for all persons assigned to the
institution or facility. The chief administrative officer
shall administer the programs of the Department for the
custody and treatment of such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the
State, subject to the acceptance of such receiving
institution or facility, or to designate any reasonably
secure place in the State as such an institution or facility
and to make transfers thereto. However, transfers made under
emergency powers shall be reviewed as soon as practicable
under Article 8, and shall be subject to Section 5-905 of the
Juvenile Court Act of 1987. This Section shall not apply to
transfers to the Department of Human Services which are
provided for under Section 3-8-5 or Section 3-10-5.
(d) The Department shall provide educational programs
for all committed persons so that all persons have an
opportunity to attain the achievement level equivalent to the
completion of the twelfth grade in the public school system
in this State. Other higher levels of attainment shall be
encouraged and professional instruction shall be maintained
wherever possible. The Department may establish programs of
mandatory education and may establish rules and regulations
for the administration of such programs. A person committed
to the Department who, during the period of his or her
incarceration, participates in an educational program
provided by or through the Department and through that
program is awarded or earns the number of hours of credit
required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or
university located in Illinois shall reimburse the State,
through the Department, for the costs incurred by the State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree. The costs for which reimbursement is required under
this subsection shall be determined and computed by the
Department under rules and regulations that it shall
establish for that purpose. However, interest at the rate of
6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on
the person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches
in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving
consent to such treatment; the chief administrative
officer may give consent for such medical or surgical
treatment, and such consent shall be deemed to be the
consent of the person for all purposes, including, but
not limited to, the authority of a physician to give such
treatment.
(f) In the event that the person requires medical care
and treatment at a place other than the institution or
facility, the person may be removed therefrom under
conditions prescribed by the Department. The Department shall
require the committed person receiving medical or dental
services on a non-emergency basis to pay a $2 co-payment to
the Department for each visit for medical or dental services.
The amount of each co-payment shall be deducted from the
committed person's individual account. A committed person who
has a chronic illness, as defined by Department rules and
regulations, shall be exempt from the $2 co-payment for
treatment of the chronic illness. A committed person shall
not be subject to a $2 co-payment for follow-up visits
ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is
exempt from the $2 co-payment and is entitled to receive
medical or dental services on the same basis as a committed
person who is financially able to afford the co-payment.
Notwithstanding any other provision in this subsection (f) to
the contrary, any person committed to any facility operated
by the Juvenile Division, as set forth in subsection (b) of
Section 3-2-5 of this Code, is exempt from the co-payment
requirement for the duration of confinement in those
facilities.
(g) Any person having sole custody of a child at the
time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of
Children and Family Services for suitable placement of the
child outside of the Department of Corrections. The Director
of the Department of Corrections may determine that there are
special reasons why the child should continue in the custody
of the mother until the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling,
either separately or together, preceding the inmate's
release; and
(6) a prerelease reunification staffing involving
the family advocate, the inmate and the child's
counselor, or both and the inmate.
(i) Prior to the release of any inmate who has a
documented history of intravenous drug use, and upon the
receipt of that inmate's written informed consent, the
Department shall provide for the testing of such inmate for
infection with human immunodeficiency virus (HIV) and any
other identified causative agent of acquired immunodeficiency
syndrome (AIDS). The testing provided under this subsection
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test or such other test as may be approved by the Illinois
Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test
shall be administered. All inmates tested in accordance with
the provisions of this subsection shall be provided with
pre-test and post-test counseling. Notwithstanding any
provision of this subsection to the contrary, the Department
shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover
all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
(j) Any person convicted of a sex offense as defined in
the Sex Offender Management Board Act shall be required to
receive a sex offender evaluation prior to release into the
community from the Department of Corrections. The sex
offender evaluation shall be conducted in conformance with
the standards and guidelines developed under the Sex Offender
Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of
Corrections-Juvenile Division for a sex offense as defined by
the Sex Offender Management Board Act shall be required to
undergo sex offender treatment by a treatment provider
approved by the Board and conducted in conformance with the
Sex Offender Management Board Act.
(Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)
(730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7)
Sec. 3-9-7. Sexual abuse counseling programs.
(a) The Juvenile Division shall establish and offer
sexual abuse counseling to both victims of sexual abuse and
sexual offenders in as many facilities as necessary to insure
sexual abuse counseling throughout the State.
(b) Any minor committed to the Department of
Corrections-Juvenile Division for a sex offense as defined
under the Sex Offender Management Board Act shall be required
to undergo sex offender treatment by a treatment provider
approved by the Board and conducted in conformance with the
standards developed by the Sex Offender Management Board Act.
(Source: P.A. 87-444.)
(730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
Sec. 5-3-1. Presentence Investigation. A defendant shall
not be sentenced for a felony before a written presentence
report of investigation is presented to and considered by the
court.
However, in cases other than felony sex offenses as
defined in the Sex Offender Management Board Act, the court
need not order a presentence report of investigation where
both parties agree to the imposition of a specific sentence,
provided there is a finding made for the record as to the
defendant's history of delinquency or criminality, including
any previous sentence to a term of probation, periodic
imprisonment, conditional discharge, or imprisonment.
The court may order a presentence investigation of any
defendant.
(Source: P.A. 80-1099.)
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence Report.
(a) In felony cases, the presentence report shall set
forth:
(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon
the victim or victims thereof, and any compensatory
benefit that various sentencing alternatives would confer
on such victim or victims;
(4) information concerning the defendant's status
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the
personal, economic and social adjustment needs of the
defendant, utilizing public and private community
resources as an alternative to institutional sentencing;
(6) any other matters that the investigatory
officer deems relevant or the court directs to be
included; and
(7) information concerning defendant's eligibility
for a sentence to a county impact incarceration program
under Section 5-8-1.2 of this Code.
(b) The investigation shall include a physical and
mental examination of the defendant when so ordered by the
court. If the court determines that such an examination
should be made, it shall issue an order that the defendant
submit to examination at such time and place as designated by
the court and that such examination be conducted by a
physician, psychologist or psychiatrist designated by the
court. Such an examination may be conducted in a court
clinic if so ordered by the court. The cost of such
examination shall be paid by the county in which the trial is
held.
(b-5) In cases involving felony sex offenses or any
felony offense that is sexually motivated as defined in the
Sex Offender Management Board Act, the investigation shall
include a sex offender evaluation by an evaluator approved by
the Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of
paragraphs (1) through (6) of subsection (a) or in subsection
(b) of this Section as are specified by the court in its
order for the report.
(d) In cases under Section 12-15 and Section 12-30 of
the Criminal Code of 1961, as amended, the presentence report
shall set forth information about alcohol, drug abuse,
psychiatric, and marriage counseling or other treatment
programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain
those additional matters listed in any of paragraphs (1)
through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to
be held without bail or to have his bail revoked for the
purpose of preparing the presentence report or making an
examination.
(Source: P.A. 89-587, eff. 7-31-96.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under
hearing procedures otherwise specified, after a determination
of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may,
in its discretion, accept an evaluation from a program in the
state of such individual's residence. The court may in its
sentencing order approve an eligible defendant for placement
in a Department of Corrections impact incarceration program
as provided in Section 5-8-1.1 or 5-8-1.3. At the hearing
the court shall:
(1) consider the evidence, if any, received upon
the trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by
the parties in aggravation and mitigation;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, or a
qualified individual affected by a violation of Section
405, 405.1, 405.2, or 407 of the Illinois Controlled
Substances Act, committed by the defendant the
opportunity to make a statement concerning the impact on
the victim and to offer evidence in aggravation or
mitigation; provided that the statement and evidence
offered in aggravation or mitigation must first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the
hearing. Any sworn testimony offered by the victim is
subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place
when the offense took place; and (ii) is familiar with
various public places within the territorial jurisdiction
where the offense took place when the offense took place.
For the purposes of this paragraph (7), "qualified
individual" includes any peace officer, or any member of
any duly organized State, county, or municipal peace unit
assigned to the territorial jurisdiction where the
offense took place when the offense took place; and
(8) in cases of reckless homicide afford the
victim's spouse, guardians, parents or other immediate
family members an opportunity to make oral statements;
and.
(9) in cases involving a felony sex offense as
defined under the Sex Offender Management Board Act,
consider the results of the sex offender evaluation
conducted pursuant to Section 5-3-2 of this Act.
(b) All sentences shall be imposed by the judge based
upon his independent assessment of the elements specified
above and any agreement as to sentence reached by the
parties. The judge who presided at the trial or the judge
who accepted the plea of guilty shall impose the sentence
unless he is no longer sitting as a judge in that court.
Where the judge does not impose sentence at the same time on
all defendants who are convicted as a result of being
involved in the same offense, the defendant or the State's
Attorney may advise the sentencing court of the disposition
of any other defendants who have been sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other drug
or any combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of
the court and shall be a public record.
(c-1) In imposing a sentence for the offense of
aggravated kidnapping for ransom, home invasion, armed
robbery, aggravated vehicular hijacking, aggravated discharge
of a firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as
to whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter
that finding and the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other
than when a sentence of natural life imprisonment or a
sentence of death is imposed, at the time the sentence is
imposed the judge shall state on the record in open court the
approximate period of time the defendant will serve in
custody according to the then current statutory rules and
regulations for early release found in Section 3-6-3 and
other related provisions of this Code. This statement is
intended solely to inform the public, has no legal effect on
the defendant's actual release, and may not be relied on by
the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3 committed on
or after June 19, 1998, and other than when the sentence is
imposed for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 if the offense was
committed on or after January 1, 1999, and other than when
the sentence is imposed for aggravated arson if the offense
was committed on or after the effective date of this
amendatory Act of the 92nd General Assembly, the judge's
statement, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or
after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed on
or after January 1, 1999, and when the sentence is imposed
for aggravated arson if the offense was committed on or after
the effective date of this amendatory Act of the 92nd General
Assembly, the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
good conduct credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives
4 1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts
and circumstances which may aid such department, agency or
institution during its custody of such person. The clerk
shall within 10 days after receiving any such statements
transmit a copy to such department, agency or institution and
a copy to the other party, provided, however, that this shall
not be cause for delay in conveying the person to the
department, agency or institution to which he has been
committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of
this Section;
(6) any medical or mental health records or
summaries of the defendant;
(7) the municipality where the arrest of the
offender or the commission of the offense has occurred,
where such municipality has a population of more than
25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs
the clerk to transmit.
(Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01;
92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)
(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. 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
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;
(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; and
(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;
and
(9) if convicted of a felony, 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.
(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. 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, 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, 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) 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. This 6 month limit does not apply to a person
sentenced to probation as a result of a conviction of a
fourth or subsequent violation of subsection (c-4) of Section
11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
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. 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 $35 $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 deposit
the first $25 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. The clerk of the court shall deposit
$10 collected from this fee into the Sex Offender Management
Board Fund under Section 19 of the Sex Offender Management
Board Act. Money deposited into the Sex Offender Management
Board Fund shall be administered by the Sex Offender
Management Board and be used to fund practices endorsed or
required under the Sex Offender Management Board Act,
including but not limited to sex offender evaluation,
treatment, and monitoring programs that are or may be
developed by the agency providing supervision, the Department
of Corrections or the Department of Human Services. This Fund
shall also be used for administrative costs, including staff,
incurred by the Board.
(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. 91-325, eff. 7-29-99; 91-696, eff. 4-13-00;
91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-340, eff.
8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
eff. 6-26-02; 92-651, eff. 7-11-02.)
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of Periodic Imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be
released for periods of time during the day or night or for
periods of days, or both, or if convicted of a felony, other
than first degree murder, a Class X or Class 1 felony,
committed to any county, municipal, or regional correctional
or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court
orders otherwise, the particular times and conditions of
release shall be determined by the Department of Corrections,
the sheriff, or the Superintendent of the house of
corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed
to permit the defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed
occupation including housekeeping;
(4) attend to family needs;
(5) attend an educational institution, including
vocational education;
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
regional correctional or detention institution or
facility;
(8) continue to reside at home with or without
supervision involving the use of an approved electronic
monitoring device, subject to Article 8A of Chapter V; or
(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this
Code, the court may impose a sentence of periodic
imprisonment for a felony or misdemeanor on a person who is
17 years of age or older. The court shall not impose a
sentence of periodic imprisonment if it imposes a sentence of
imprisonment upon the defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1 felony, 18
to 30 months for a Class 2 felony, and up to 18 months, or
the longest sentence of imprisonment that could be imposed
for the offense, whichever is less, for all other offenses;
however, no person shall be sentenced to a term of periodic
imprisonment longer than one year if he is committed to a
county correctional institution or facility, and in
conjunction with that sentence participate in a county work
release program comparable to the work and day release
program provided for in Article 13 of the Unified Code of
Corrections in State facilities. The term of the sentence
shall be calculated upon the basis of the duration of its
term rather than upon the basis of the actual days spent in
confinement. No sentence of periodic imprisonment shall be
subject to the good time credit provisions of Section 3-6-3
of this Code.
(e) When the court imposes a sentence of periodic
imprisonment, it shall state:
(1) the term of such sentence;
(2) the days or parts of days which the defendant
is to be confined;
(3) the conditions.
(f) The court may issue an order of protection pursuant
to the Illinois Domestic Violence Act of 1986 as a condition
of a sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the issuance, enforcement
and recording of orders of protection issued under this
Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for
the case.
(f-5) An offender sentenced to a term of periodic
imprisonment for a felony sex offense as defined in the Sex
Offender Management Board Act shall be required to 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.
(g) An offender sentenced to periodic imprisonment who
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 the costs incidental to such
mandatory drug or alcohol testing, or both, and 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, of all offenders with a
sentence of periodic imprisonment. 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) All fees 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.
(i) A defendant at least 17 years of age who is
convicted of a misdemeanor or felony in a county of 3,000,000
or more inhabitants and who has not been previously convicted
of a misdemeanor or a felony and who is sentenced to a term
of periodic imprisonment may as a condition of his or her
sentence be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward receiving 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
defendant sentenced to periodic imprisonment must attend a
public institution of education to obtain the educational or
vocational training required by this subsection (i). The
defendant sentenced to a term of periodic imprisonment 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 revoke the sentence of periodic imprisonment of
the defendant who wilfully fails to comply with this
subsection (i). The court shall resentence the defendant
whose sentence of periodic imprisonment has been revoked as
provided in Section 5-7-2. This subsection (i) does not
apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (i) does
not apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(Source: P.A. 89-688, eff. 6-1-97; 90-399, eff. 1-1-98;
90-655, eff. 7-30-98.)
Section 25. The Probation and Probation Officers Act is
amended by changing Section 15.1 as follows:
(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
Sec. 15.1. Probation and Court Services Fund.
(a) The county treasurer in each county shall establish
a probation and court services fund consisting of fees
collected pursuant to subsection (i) of Section 5-6-3 and
subsection (i) of Section 5-6-3.1 of the Unified Code of
Corrections, subsection (10) of Section 5-615 and subsection
(5) of Section 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of subsection (b) of Section 110-10 of the
Code of Criminal Procedure of 1963. The county treasurer
shall disburse monies from the fund only at the direction of
the chief judge of the circuit court in such circuit where
the county is located. The county treasurer of each county
shall, on or before January 10 of each year, submit an annual
report to the Supreme Court.
(b) Monies in the probation and court services fund
shall be appropriated by the county board to be used within
the county or jurisdiction where collected in accordance with
policies and guidelines approved by the Supreme Court for the
costs of operating the probation and court services
department or departments; however, monies in the probation
and court services fund shall not be used for the payment of
salaries of probation and court services personnel.
(c) Monies expended from the probation and court
services fund shall be used to supplement, not supplant,
county appropriations for probation and court services.
(d) Interest earned on monies deposited in a probation
and court services fund may be used by the county for its
ordinary and contingent expenditures.
(e) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support programs that are part of the
continuum of juvenile delinquency intervention programs which
are or may be developed within the county. The grants from
the probation and court services fund shall be for no more
than one year and may be used for any expenses attributable
to the program including administration and oversight of the
program by the probation department.
(f) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support practices endorsed or required under
the Sex Offender Management Board Act, including but not
limited to sex offender evaluation, treatment, and monitoring
programs that are or may be developed within the county.
(Source: P.A. 92-329, eff. 8-9-01.)
Section 30. The Sex Offender Registration Act is
amended by changing Section 3 as follows:
(730 ILCS 150/3) (from Ch. 38, par. 223)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act,
or sexual predator shall, within the time period prescribed
in subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include current address,
current place of employment, and school attended. The sex
offender or sexual predator shall register:
(1) with the chief of police in each of the
municipalities in which he or she attends school, is
employed, resides or is temporarily domiciled for a
period of time of 10 or more days, unless the
municipality is the City of Chicago, in which case he or
she shall register at the Chicago Police Department
Headquarters; or
(2) with the sheriff in each of the counties in
which he or she attends school, is employed, resides or
is temporarily domiciled in an unincorporated area or, if
incorporated, no police chief exists.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 10 or
more days during any calendar year.
The sex offender or sexual predator shall provide
accurate information as required by the Department of State
Police. That information shall include the sex offender's or
sexual predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 10 days after beginning school or employment in
this State, register in person and provide accurate
information as required by the Department of State Police.
Such information will include current place of employment,
school attended, and address in state of residence:
(1) with the chief of police in each of the
municipalities in which he or she attends school or is
employed for a period of time of 10 or more days or for
an aggregate period of time of more than 30 days during
any calendar year, unless the municipality is the City of
Chicago, in which case he or she shall register at the
Chicago Police Department Headquarters; or
(2) with the sheriff in each of the counties in
which he or she attends school or is employed for a
period of time of 10 or more days or for an aggregate
period of time of more than 30 days during any calendar
year in an unincorporated area or, if incorporated, no
police chief exists.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the
out-of-state student's current place of school attendance or
the out-of-state employee's current place of employment.
(b) Any sex offender, as defined in Section 2 of this
Act, or sexual predator, regardless of any initial, prior, or
other registration, shall, within 10 days of beginning
school, or establishing a residence, place of employment, or
temporary domicile in any county, register in person as set
forth in subsection (a) or (a-5).
(c) The registration for any person required to register
under this Article shall be as follows:
(1) Any person registered under the Habitual Child
Sex Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be
deemed initially registered as of January 1, 1996;
however, this shall not be construed to extend the
duration of registration set forth in Section 7.
(2) Except as provided in subsection (c)(4), any
person convicted or adjudicated prior to January 1, 1996,
whose liability for registration under Section 7 has not
expired, shall register in person prior to January 31,
1996.
(2.5) Except as provided in subsection (c)(4), any
person who has not been notified of his or her
responsibility to register shall be notified by a
criminal justice entity of his or her responsibility to
register. Upon notification the person must then
register within 10 days of notification of his or her
requirement to register. If notification is not made
within the offender's 10 year registration requirement,
and the Department of State Police determines no evidence
exists or indicates the offender attempted to avoid
registration, the offender will no longer be required to
register under this Act.
(3) Except as provided in subsection (c)(4), any
person convicted on or after January 1, 1996, shall
register in person within 10 days after the entry of the
sentencing order based upon his or her conviction.
(4) Any person unable to comply with the
registration requirements of this Article because he or
she is confined, institutionalized, or imprisoned in
Illinois on or after January 1, 1996, shall register in
person within 10 days of discharge, parole or release.
(5) The person shall provide positive
identification and documentation that substantiates proof
of residence at the registering address.
(6) The person shall pay a $20 $10 initial
registration fee and a $10 $5 annual renewal fee. The
fees shall be used by the registering agency for official
purposes. The agency shall establish procedures to
document receipt and use of the funds. The law
enforcement agency having jurisdiction may waive the
registration fee if it determines that the person is
indigent and unable to pay the registration fee. Ten
dollars for the initial registration fee and $5 of the
annual renewal fee shall be used by the registering
agency for official purposes. Ten dollars of the initial
registration fee and $5 of the annual fee shall be
deposited into the Sex Offender Management Board Fund
under Section 19 of the Sex Offender Management Board
Act. Money deposited into the Sex Offender Management
Board Fund shall be administered by the Sex Offender
Management Board and shall be used to fund practices
endorsed or required by the Sex Offender Management Board
Act including but not limited to sex offenders
evaluation, treatment, or monitoring programs that are or
may be developed, as well as for administrative costs,
including staff, incurred by the Board.
(d) Within 10 days after obtaining or changing
employment and, if employed on January 1, 2000, within 10
days after that date, a person required to register under
this Section must report, in person or in writing to the law
enforcement agency having jurisdiction, the business name and
address where he or she is employed. If the person has
multiple businesses or work locations, every business and
work location must be reported to the law enforcement agency
having jurisdiction.
(Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00;
92-828, eff. 8-22-02.)
Section 99. Effective date. This Act takes effect
January 1, 2004.