Public Act 096-0362
 
HB0550 Enrolled LRB096 05686 RLC 15752 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-3-7, 5-6-3, and 5-6-3.1 and by
adding Section 5-1-8.5 as follows:
 
    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
    Sec. 3-1-2. Definitions.
    (a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
    (a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
        (i) A violation of any of the following Sections of the
    Criminal Code of 1961: 10-7 (aiding and abetting child
    abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
    luring), 11-6 (indecent solicitation of a child), 11-6.5
    (indecent solicitation of an adult), 11-15.1 (soliciting
    for a juvenile prostitute), 11-17.1 (keeping a place of
    juvenile prostitution), 11-18.1 (patronizing a juvenile
    prostitute), 11-19.1 (juvenile pimping), 11-19.2
    (exploitation of a child), 11-20.1 (child pornography),
    12-14.1 (predatory criminal sexual assault of a child), or
    12-33 (ritualized abuse of a child). An attempt to commit
    any of these offenses.
        (ii) A violation of any of the following Sections of
    the Criminal Code of 1961: 12-13 (criminal sexual assault),
    12-14 (aggravated criminal sexual assault), 12-16
    (aggravated criminal sexual abuse), and subsection (a) of
    Section 12-15 (criminal sexual abuse). An attempt to commit
    any of these offenses.
        (iii) A violation of any of the following Sections of
    the Criminal Code of 1961 when the defendant is not a
    parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (iv) A violation of any former law of this State
    substantially equivalent to any offense listed in this
    subsection (a-5).
    An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
    (b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
    (c) "Committed Person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
    (c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
    (d) "Correctional Institution or Facility" means any
building or part of a building where committed persons are kept
in a secured manner.
    (e) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Department" means the Department of Corrections of this State.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Department" has the meaning ascribed to it in subsection
(f-5).
    (f) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Director" means the Director of the Department of Corrections.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Director" has the meaning ascribed to it in subsection (f-5).
    (f-5) In the case of functions performed on or after the
effective date of this amendatory Act of the 94th General
Assembly, references to "Department" or "Director" refer to
either the Department of Corrections or the Director of
Corrections or to the Department of Juvenile Justice or the
Director of Juvenile Justice unless the context is specific to
the Department of Juvenile Justice or the Director of Juvenile
Justice.
    (g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
    (h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
    (i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
    (j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
    (k) "Parole" means the conditional and revocable release of
a committed person under the supervision of a parole officer.
    (l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear requests
and make recommendations to the Governor with respect to
pardon, reprieve or commutation, to set conditions for parole
and mandatory supervised release and determine whether
violations of those conditions justify revocation of parole or
release, and to assume all other functions previously exercised
by the Illinois Parole and Pardon Board.
    (m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
    (n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06.)
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    (Text of Section after amendment by P.A. 95-983)
    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;
        (7.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders, or is in any facility operated or licensed by
    the Department of Children and Family Services or by the
    Department of Human Services, or is in any licensed medical
    facility;
        (7.7) if convicted for an offense that would qualify
    the accused as a sexual predator under the Sex Offender
    Registration Act on or after the effective date of this
    amendatory Act of the 94th General Assembly, wear an
    approved electronic monitoring device as defined in
    Section 5-8A-2 for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term;
        (7.8) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.8), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is not related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (7.9) if convicted under Section 11-6, 11-20.1,
    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
    search of computers, PDAs, cellular phones, and other
    devices under his or her control that are capable of
    accessing the Internet or storing electronic files, in
    order to confirm Internet protocol addresses reported in
    accordance with the Sex Offender Registration Act and
    compliance with conditions in this Act;
        (7.10) if convicted for an offense that would qualify
    the accused as a sex offender or sexual predator under the
    Sex Offender Registration Act on or after the effective
    date of this amendatory Act of the 95th General Assembly,
    not possess prescription drugs for erectile dysfunction;
        (7.11) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after June 1, 2009 (the effective
    date of Public Act 95-983) this amendatory Act of the 95th
    General Assembly:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent;
        (7.12) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after the effective date of this amendatory Act of the
    96th General Assembly that requires the person to register
    as a sex offender under that Act, may not knowingly use any
    computer scrub software on any computer that the sex
    offender uses;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics or
    other controlled substances in any form, or both, or any
    paraphernalia related to those substances and submit to a
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    relates to his or her adjustment in the community while on
    parole or mandatory supervised release or to his or her
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (15) follow any specific instructions provided by the
    parole agent that are consistent with furthering
    conditions set and approved by the Prisoner Review Board or
    by law, exclusive of placement on electronic detention, to
    achieve the goals and objectives of his or her parole or
    mandatory supervised release or to protect the public.
    These instructions by the parole agent may be modified at
    any time, as the agent deems appropriate;
        (16) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (17) if convicted of a violation of an order of
    protection under Section 12-30 of the Criminal Code of
    1961, be placed under electronic surveillance as provided
    in Section 5-8A-7 of this Code.
    (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;
        (7.5) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.5), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is related to the accused if the person is: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) this
    amendatory Act of the 95th General Assembly that would
    qualify as a sex offense as defined in the Sex Offender
    Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent; and
        (8) in addition, if a minor:
            (i) reside with his 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.
    (b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (3) notify third parties of the risks that may be
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department
    of Corrections prior to accepting employment or pursuing a
    course of study or vocational training and notify the
    Department prior to any change in employment, study, or
    training;
        (5) not be employed or participate in any volunteer
    activity that involves contact with children, except under
    circumstances approved in advance and in writing by an
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12
    months from the date of release as determined by the Board;
        (7) refrain from entering into a designated geographic
    area except upon terms approved in advance by an agent of
    the Department of Corrections. The terms may include
    consideration of the purpose of the entry, the time of day,
    and others accompanying the person;
        (8) refrain from having any contact, including written
    or oral communications, directly or indirectly, personally
    or by telephone, letter, or through a third party with
    certain specified persons including, but not limited to,
    the victim or the victim's family without the prior written
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or indirectly,
    personally, by telephone, letter, or through a third party,
    with minor children without prior identification and
    approval of an agent of the Department of Corrections;
        (10) neither possess or have under his or her control
    any material that is sexually oriented, sexually
    stimulating, or that shows male or female sex organs or any
    pictures depicting children under 18 years of age nude or
    any written or audio material describing sexual
    intercourse or that depicts or alludes to sexual activity,
    including but not limited to visual, auditory, telephonic,
    or electronic media, or any matter obtained through access
    to any computer or material linked to computer access use;
        (11) not patronize any business providing sexually
    stimulating or sexually oriented entertainment nor utilize
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about parks,
    schools, day care centers, swimming pools, beaches,
    theaters, or any other places where minor children
    congregate without advance approval of an agent of the
    Department of Corrections and immediately report any
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
    certain specified items of contraband related to the
    incidence of sexually offending as determined by an agent
    of the Department of Corrections;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections;
        (15) comply with all other special conditions that the
    Department may impose that restrict the person from
    high-risk situations and limit access to potential
    victims;
        (16) take an annual polygraph exam;
        (17) maintain a log of his or her travel; or
        (18) obtain prior approval of his or her parole officer
    before driving alone in a motor vehicle.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his 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.
    (f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
    (730 ILCS 5/5-1-8.5 new)
    Sec. 5-1-8.5. Computer scrub software. "Computer scrub
software" has the meaning ascribed to it in subsection (c-5) of
Section 3-1-2 of this Code.
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
    (Text of Section after amendment by P.A. 95-983)
    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, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction or
    disposition of supervision for possession of a substance
    prohibited by the Cannabis Control Act or Illinois
    Controlled Substances Act or after a sentence of probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) this
    amendatory Act of the 95th General Assembly that would
    qualify the accused as a child sex offender as defined in
    Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
    refrain from communicating with or contacting, by means of
    the Internet, a person who is not related to the accused
    and whom the accused reasonably believes to be under 18
    years of age; for purposes of this paragraph (8.7),
    "Internet" has the meaning ascribed to it in Section 16J-5
    of the Criminal Code of 1961; and a person is not related
    to the accused if the person is not: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after June 1, 2009 (the effective
    date of Public Act 95-983) this amendatory Act of the 95th
    General Assembly:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (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; and
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and .
        (11) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after the effective date of this amendatory Act of the
    96th General Assembly that requires the person to register
    as a sex offender under that Act, may not knowingly use any
    computer scrub software on any computer that the sex
    offender uses.
    (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, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) this
    amendatory Act of the 95th General Assembly that would
    qualify the accused as a child sex offender as defined in
    Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
    refrain from communicating with or contacting, by means of
    the Internet, a person who is related to the accused and
    whom the accused reasonably believes to be under 18 years
    of age; for purposes of this paragraph (17), "Internet" has
    the meaning ascribed to it in Section 16J-5 of the Criminal
    Code of 1961; and a person is related to the accused if the
    person is: (i) the spouse, brother, or sister of the
    accused; (ii) a descendant of the accused; (iii) a first or
    second cousin of the accused; or (iv) a step-child or
    adopted child of the accused; and
        (18) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) this
    amendatory Act of the 95th General Assembly that would
    qualify as a sex offense as defined in the Sex Offender
    Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. 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 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless: (1) the
circuit court has adopted, by administrative order issued by
the chief judge, a standard probation fee guide determining an
offender's ability to pay, under guidelines developed by the
Administrative Office of the Illinois Courts; and (2) the
circuit court has authorized, by administrative order issued by
the chief judge, the creation of a Crime Victim's Services
Fund, to be administered by the Chief Judge or his or her
designee, for services to crime victims and their families. Of
the amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
10-20-08.)
 
    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
    (Text of Section after amendment by P.A. 95-983)
    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
    (a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to 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, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 where a
disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damages to property located within the municipality or
county in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
    For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (c) 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) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of supervision;
        (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) refrain from possessing a firearm or other
    dangerous weapon;
        (8) 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; or
            (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 placed on supervision for 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;
        (9) make restitution or reparation in an amount not to
    exceed actual loss or damage to property and pecuniary loss
    or make restitution under Section 5-5-6 to a domestic
    violence shelter. The court shall determine the amount and
    conditions of payment;
        (10) perform some reasonable public or community
    service;
        (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 or an order of protection
    issued by the court of another state, tribe, or United
    States territory. If the court has ordered the defendant to
    make a report and appear in person under paragraph (1) of
    this subsection, a copy of the order of protection shall be
    transmitted to the person or agency so designated by the
    court;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of person, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) refrain from operating any motor vehicle not
    equipped with an ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code; under this
    condition the court may allow a defendant who is not
    self-employed to operate a vehicle owned by the defendant's
    employer that is not equipped with an ignition interlock
    device in the course and scope of the defendant's
    employment; and
        (18) if placed on supervision for a sex offense as
    defined in subsection (a-5) of Section 3-1-2 of this Code,
    unless the offender is a parent or guardian of the person
    under 18 years of age present in the home and no
    non-familial minors are present, not participate in a
    holiday event involving children under 18 years of age,
    such as distributing candy or other items to children on
    Halloween, wearing a Santa Claus costume on or preceding
    Christmas, being employed as a department store Santa
    Claus, or wearing an Easter Bunny costume on or preceding
    Easter.
    (d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
    (e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
    (f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may
be provided by law. However, any defendant placed on
supervision before January 1, 1980, may move for sealing or
expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section. A person
placed on supervision for a sexual offense committed against a
minor as defined in subsection (g) of Section 5 of the Criminal
Identification Act or for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance shall not have his or her record of arrest sealed or
expunged.
    (g) A defendant placed on supervision and who during the
period of supervision 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 defendants placed on
supervision. 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) A disposition of supervision is a final order for the
purposes of appeal.
    (i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
    A circuit court may not impose a probation fee in excess of
$25 per month unless: (1) the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the Administrative Office of the
Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of
a Crime Victim's Services Fund, to be administered by the Chief
Judge or his or her designee, for services to crime victims and
their families. Of the amount collected as a probation fee, not
to exceed $5 of that fee collected per month may be used to
provide services to crime victims and their families.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the 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
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision 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
supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (k) 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.
    (l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
    (m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
    (n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
    (p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably believes
to be under 18 years of age. For purposes of this subsection
(p), "Internet" has the meaning ascribed to it in Section 16J-5
of the Criminal Code of 1961; and a person is not related to
the accused if the person is not: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused; (iii)
a first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused.
    (q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall, if so ordered by the court,
refrain from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom the
accused reasonably believes to be under 18 years of age. For
purposes of this subsection (q), "Internet" has the meaning
ascribed to it in Section 16J-5 of the Criminal Code of 1961;
and a person is related to the accused if the person is: (i)
the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
    (r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
the Criminal Code of 1961, or any attempt to commit any of
these offenses, committed on or after the effective date of
this amendatory Act of the 95th General Assembly shall:
        (i) not access or use a computer or any other device
    with Internet capability without the prior written
    approval of the court, except in connection with the
    offender's employment or search for employment with the
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of
    the offender's computer or any other device with Internet
    capability by the offender's probation officer, a law
    enforcement officer, or assigned computer or information
    technology specialist, including the retrieval and copying
    of all data from the computer or device and any internal or
    external peripherals and removal of such information,
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's
    computer or device with Internet capability, at the
    offender's expense, of one or more hardware or software
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions
    concerning the offender's use of or access to a computer or
    any other device with Internet capability imposed by the
    court.
    (s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after the effective
date of this amendatory Act of the 96th General Assembly that
requires the person to register as a sex offender under that
Act, may not knowingly use any computer scrub software on any
computer that the sex offender uses.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff.
8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff.
8-21-08; 95-983, eff. 6-1-09.)