093_HB1349

 
                                     LRB093 03354 RLC 06248 b

 1        AN ACT in relation to sex offenders.

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

 4        Section  5.  The Sex Offender  Management  Board  Act  is
 5    amended by changing Section 15 as follows:

 6        (20 ILCS 4026/15)
 7        Sec.   15.  Sex   Offender  Management  Board;  creation;
 8    duties.
 9        (a)  There is created the Sex Offender Management  Board,
10    which  shall  consist  of  20 members.  The membership of the
11    Board shall consist of the following persons:
12             (1)  Two   members   appointed   by   the   Governor
13        representing the  judiciary,  one  representing  juvenile
14        court  matters  and one representing adult criminal court
15        matters;
16             (2)  One   member   appointed   by   the    Governor
17        representing Probation Services;
18             (3)  One    member   appointed   by   the   Governor
19        representing the Department of Corrections;
20             (4)  One   member   appointed   by   the    Governor
21        representing the Department of Human Services;
22             (5)  One    member   appointed   by   the   Governor
23        representing the Illinois State Police;
24             (6)  One   member   appointed   by   the    Governor
25        representing   the  Department  of  Children  and  Family
26        Services;
27             (7)  One member appointed by  the  Attorney  General
28        representing the Office of the Attorney General;
29             (8)  Two  members  appointed by the Attorney General
30        who  are  licensed  mental  health   professionals   with
31        documented expertise in the treatment of sex offenders;
 
                            -2-      LRB093 03354 RLC 06248 b
 1             (9)  Two  members  appointed by the Attorney General
 2        who are State's Attorneys or assistant State's Attorneys,
 3        one  representing  juvenile   court   matters   and   one
 4        representing felony court matters;
 5             (10)  One  member  being  the  Cook  County  State's
 6        Attorney or his or her designee;
 7             (11)  One  member  being the Director of the State's
 8        Attorneys Appellate Prosecutor or his or her designee;
 9             (12)  One  member  being  the  Cook  County   Public
10        Defender or his or her designee;
11             (13)  Two  members appointed by the Governor who are
12        representatives of law enforcement, one juvenile  officer
13        and one sex crime investigator;
14             (14)  Two  members appointed by the Attorney General
15        who are recognized experts in the field of sexual assault
16        and who can represent sexual assault victims and victims'
17        rights organizations; and
18             (15)  One member being the State Appellate  Defender
19        or his or her designee.
20        (b)  The  Governor and the Attorney General shall appoint
21    a presiding officer  for  the  Board  from  among  the  board
22    members appointed under subsection (a) of this Section, which
23    presiding officer shall serve at the pleasure of the Governor
24    and the Attorney General.
25        (c)  Each   member   of   the   Board  shall  demonstrate
26    substantial expertise and experience in the field  of  sexual
27    assault.
28        (d)  (1)  Any  member  of the Board created in subsection
29    (a) of this Section who is  appointed  under  paragraphs  (1)
30    through  (7) of subsection (a) of this Section shall serve at
31    the pleasure of the official who appointed that member, for a
32    term of 5 years and may be reappointed.   The  members  shall
33    serve without additional compensation.
34        (2)  Any member of the Board created in subsection (a) of
 
                            -3-      LRB093 03354 RLC 06248 b
 1    this  Section  who  is appointed under paragraphs (8) through
 2    (14) of subsection (a) of this Section shall serve for a term
 3    of 5 years and may be reappointed.  The members  shall  serve
 4    without compensation.
 5        (3)  The  travel  costs associated with membership on the
 6    Board created in subsection  (a)  of  this  Section  will  be
 7    reimbursed subject to availability of funds.
 8        (e)  The first meeting of this Board shall be held within
 9    45 days of the effective date of this Act.
10        (f)  The Board shall carry out the following duties:
11             (1)  Not  later  than  December  31, 2001, the Board
12        shall  develop  and   prescribe   separate   standardized
13        procedures  for  the evaluation and identification of the
14        offender and recommend behavior  management,  monitoring,
15        and   counseling   based  upon  the  knowledge  that  sex
16        offenders are extremely habituated and that there  is  no
17        known  cure  for the propensity to commit sex abuse.  The
18        Board shall develop and  implement  measures  of  success
19        based  upon a no-cure policy for intervention.  The Board
20        shall develop and implement methods of  intervention  for
21        sex  offenders  which have as a priority the physical and
22        psychological safety of victims and potential victims and
23        which are appropriate to  the  needs  of  the  particular
24        offender,  so long as there is no reduction of the safety
25        of victims and potential victims.
26             (2)  Not later than December  31,  2001,  the  Board
27        shall  develop  separate  guidelines  and standards for a
28        system of programs for the counseling  of  both  juvenile
29        and   adult  sex  offenders  which  can  be  utilized  by
30        offenders who are placed on probation, committed  to  the
31        Department   of   Corrections   or  Department  of  Human
32        Services, or placed on mandatory  supervised  release  or
33        parole.   The programs developed under this paragraph (f)
34        shall be as flexible as possible so that the programs may
 
                            -4-      LRB093 03354 RLC 06248 b
 1        be utilized by each offender to prevent the offender from
 2        harming victims  and  potential  victims.   The  programs
 3        shall  be  structured  in such a manner that the programs
 4        provide a continuing monitoring  process  as  well  as  a
 5        continuum  of  counseling  programs  for each offender as
 6        that offender proceeds through the justice system.  Also,
 7        the programs shall be developed in such a manner that, to
 8        the extent possible, the programs may be accessed by  all
 9        offenders in the justice system.
10             (3)  There   is   established   the   Sex   Offender
11        Management  Board  Fund  in the State Treasury into which
12        funds received from public or private  sources  shall  be
13        deposited,  and from which funds shall be appropriated to
14        the  Sex  Offender  Management  Board  for  planning  and
15        research.
16             (4)  The Board shall develop and prescribe a plan to
17        research and analyze the effectiveness of the evaluation,
18        identification, and counseling  procedures  and  programs
19        developed  under  this Act.  The Board shall also develop
20        and  prescribe  a  system  for  implementation   of   the
21        guidelines and standards developed under paragraph (2) of
22        this  subsection  (f) and for tracking offenders who have
23        been  subjected  to   evaluation,   identification,   and
24        counseling  under this Act.  In addition, the Board shall
25        develop a system for monitoring  offender  behaviors  and
26        offender adherence to prescribed behavioral changes.  The
27        results  of  the tracking and behavioral monitoring shall
28        be a part of any analysis made under this paragraph (4).
29             (5)  The Board shall require that a sex offender who
30        is  placed  on  probation  or  released  from   a   penal
31        institution   or  mental  health  facility:  (1)  undergo
32        continuous psychological or psychiatric treatment for his
33        or her sexual behavior, (2) be prohibited from contacting
34        the victim  of  his  or  her  sex  offense,  and  (3)  be
 
                            -5-      LRB093 03354 RLC 06248 b
 1        prohibited  from  possessing any materials that the Board
 2        deems violent  or  pornographic.  The  Board  shall  also
 3        require  that the released sex offender be monitored by a
 4        probation, parole, or other supervising officer  approved
 5        by   the   Board.   The  Board  shall  require  that  the
 6        supervising officer approve the released  sex  offender's
 7        residence  and  place  of  employment.   The  Board shall
 8        require that the  supervising  officer  make  unannounced
 9        visits  to  the  sex  offender's  residence  or  place of
10        business to  verify  the  sex  offender's  residence  and
11        employment.  The supervising officer shall in conjunction
12        with rules developed jointly by the Attorney General  and
13        the  Board develop a community support system intended to
14        prevent the released sex offender from committing  future
15        crimes.
16        (f-5)  If  a  person  convicted of a sex offense fails to
17    pay any fine imposed by the court as a result  of  conviction
18    for  the  sex  offense,  the  Attorney General shall bring an
19    action under Part 7 or 8 of Article XII of the Code of  Civil
20    Procedure to seek garnishment of the sex offender's assets or
21    a  wage  deduction  order  against  the  sex offender for the
22    payment of the  fines  imposed  for  the  sex  offense  under
23    Article 9 of Chapter V of the Unified Code of Corrections.
24        (g)  The  Board  may promulgate rules as are necessary to
25    carry out the duties of the Board.
26        (h)  The Board and the individual members  of  the  Board
27    shall   be  immune  from  any  liability,  whether  civil  or
28    criminal, for the good faith performance of the duties of the
29    Board as specified in this Section.
30    (Source: P.A. 90-133, eff.  7-22-97;  90-793,  eff.  8-14-98;
31    91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)

32        Section   10.  The Unified Code of Corrections is amended
33    by changing Sections 3-3-7 and 5-6-3 as follows:
 
                            -6-      LRB093 03354 RLC 06248 b
 1        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
 2        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
 3    Release.
 4        (a)  The conditions of  parole  or  mandatory  supervised
 5    release  shall  be  such  as  the Prisoner Review Board deems
 6    necessary to assist the  subject  in  leading  a  law-abiding
 7    life. The conditions of every parole and mandatory supervised
 8    release are that the subject:
 9             (1)  not   violate   any  criminal  statute  of  any
10        jurisdiction during the parole or release term;
11             (2)  refrain from  possessing  a  firearm  or  other
12        dangerous weapon;
13             (3)  report   to  an  agent  of  the  Department  of
14        Corrections;
15             (4)  permit the agent to visit him or her at his  or
16        her   home,   employment,  or  elsewhere  to  the  extent
17        necessary for the agent to discharge his or her duties;
18             (5)  attend or reside in a facility established  for
19        the  instruction  or  residence  of  persons on parole or
20        mandatory supervised release;
21             (6)  secure permission before visiting or writing  a
22        committed person in an Illinois Department of Corrections
23        facility;
24             (7)  report   all   arrests   to  an  agent  of  the
25        Department of Corrections as soon  as  permitted  by  the
26        arresting  authority  but in no event later than 24 hours
27        after release from custody;
28             (8)  obtain permission of an agent of the Department
29        of Corrections before leaving the State of Illinois;
30             (9)  obtain permission of an agent of the Department
31        of Corrections before changing his or  her  residence  or
32        employment;
33             (10)  consent  to  a  search  of  his or her person,
34        property, or residence under his or her control;
 
                            -7-      LRB093 03354 RLC 06248 b
 1             (11)  refrain  from  the  use   or   possession   of
 2        narcotics  or other controlled substances in any form, or
 3        both, or any paraphernalia related  to  those  substances
 4        and submit to a urinalysis test as instructed by a parole
 5        agent of the Department of Corrections;
 6             (12)  not    frequent    places   where   controlled
 7        substances are  illegally  sold,  used,  distributed,  or
 8        administered;
 9             (13)  not  knowingly associate with other persons on
10        parole or  mandatory  supervised  release  without  prior
11        written  permission  of  his  or her parole agent and not
12        associate with persons who are members  of  an  organized
13        gang  as  that term is defined in the Illinois Streetgang
14        Terrorism Omnibus Prevention Act;
15             (14)  provide true and accurate information,  as  it
16        relates  to  his or her adjustment in the community while
17        on parole or mandatory supervised release or  to  his  or
18        her  conduct while incarcerated, in response to inquiries
19        by his or her  parole  agent  or  of  the  Department  of
20        Corrections; and
21             (15)  follow  any  specific instructions provided by
22        the parole agent  that  are  consistent  with  furthering
23        conditions  set and approved by the Prisoner Review Board
24        or  by  law,  exclusive  of   placement   on   electronic
25        detention,  to achieve the goals and objectives of his or
26        her parole or mandatory supervised release or to  protect
27        the public. These instructions by the parole agent may be
28        modified at any time, as the agent deems appropriate.
29        (b)  The  Board  may  in  addition  to  other  conditions
30    require that the subject:
31             (1)  work  or pursue a course of study or vocational
32        training;
33             (2)  undergo medical or  psychiatric  treatment,  or
34        treatment for drug addiction or alcoholism;
 
                            -8-      LRB093 03354 RLC 06248 b
 1             (3)  attend  or reside in a facility established for
 2        the instruction or residence of persons on  probation  or
 3        parole;
 4             (4)  support his dependents;
 5             (5)  (blank);
 6             (6)  (blank);
 7             (7)  comply  with  the  terms  and  conditions of an
 8        order of  protection  issued  pursuant  to  the  Illinois
 9        Domestic  Violence  Act  of  1986,  enacted  by  the 84th
10        General Assembly, or an order of protection issued by the
11        court  of  another  state,  tribe,   or   United   States
12        territory; and
13             (8)  in addition, if a minor:
14                  (i)  reside  with  his  parents  or in a foster
15             home;
16                  (ii)  attend school;
17                  (iii)  attend  a  non-residential  program  for
18             youth; or
19                  (iv)  contribute to his own support at home  or
20             in a foster home.
21        (b-5)  A  sex  offender  as  defined  in the Sex Offender
22    Management Board Act who is placed  on  parole  or  mandatory
23    supervised  release  shall  be  subject  to the provisions of
24    paragraph (5) of subsection (f) of Section 15 of that Act.
25        (c)  The conditions under which the parole  or  mandatory
26    supervised  release  is to be served shall be communicated to
27    the person in writing prior to his release, and he shall sign
28    the same before release. A signed copy of  these  conditions,
29    including a copy of an order of protection where one had been
30    issued by the criminal court, shall be retained by the person
31    and  another  copy  forwarded to the officer in charge of his
32    supervision.
33        (d)  After a hearing under Section  3-3-9,  the  Prisoner
34    Review   Board may modify or enlarge the conditions of parole
 
                            -9-      LRB093 03354 RLC 06248 b
 1    or mandatory supervised release.
 2        (e)  The Department shall inform all offenders  committed
 3    to  the Department of the optional services available to them
 4    upon release and shall assist inmates in availing  themselves
 5    of  such  optional services upon their release on a voluntary
 6    basis.
 7    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

 8        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
 9        Sec. 5-6-3.  Conditions of Probation and  of  Conditional
10    Discharge.
11        (a)  The  conditions  of  probation  and  of  conditional
12    discharge shall be that the person:
13             (1)  not   violate   any  criminal  statute  of  any
14        jurisdiction;
15             (2)  report to  or  appear  in  person  before  such
16        person or agency as directed by the court;
17             (3)  refrain  from  possessing  a  firearm  or other
18        dangerous weapon;
19             (4)  not leave the State without the consent of  the
20        court  or,  in  circumstances in which the reason for the
21        absence is of such an emergency nature that prior consent
22        by  the  court  is  not  possible,  without   the   prior
23        notification  and  approval  of  the  person's  probation
24        officer.  Transfer of a person's probation or conditional
25        discharge  supervision  to  another  state  is subject to
26        acceptance by the other state pursuant to the  Interstate
27        Compact for Adult Offender Supervision;
28             (5)  permit  the  probation  officer to visit him at
29        his  home  or  elsewhere  to  the  extent  necessary   to
30        discharge his duties;
31             (6)  perform  no  less  than  30  hours of community
32        service and not more than 120 hours of community service,
33        if community service is available in the jurisdiction and
 
                            -10-     LRB093 03354 RLC 06248 b
 1        is funded and approved by  the  county  board  where  the
 2        offense  was  committed, where the offense was related to
 3        or in  furtherance  of  the  criminal  activities  of  an
 4        organized  gang  and  was  motivated  by  the  offender's
 5        membership  in  or  allegiance to an organized gang.  The
 6        community service shall include, but not be  limited  to,
 7        the  cleanup  and  repair  of  any  damage  caused  by  a
 8        violation  of Section 21-1.3 of the Criminal Code of 1961
 9        and  similar  damage  to  property  located  within   the
10        municipality  or  county in which the violation occurred.
11        When  possible  and  reasonable,  the  community  service
12        should be performed in the offender's neighborhood.   For
13        purposes  of  this  Section,  "organized  gang"  has  the
14        meaning  ascribed  to  it  in  Section 10 of the Illinois
15        Streetgang Terrorism Omnibus Prevention Act;
16             (7)  if he or she is at least 17 years  of  age  and
17        has  been sentenced to probation or conditional discharge
18        for a misdemeanor or felony in a county of  3,000,000  or
19        more inhabitants and has not been previously convicted of
20        a   misdemeanor   or  felony,  may  be  required  by  the
21        sentencing court to attend educational  courses  designed
22        to prepare the defendant for a high school diploma and to
23        work  toward  a  high  school  diploma  or to work toward
24        passing the high school level Test of General Educational
25        Development  (GED)  or  to  work  toward   completing   a
26        vocational  training  program approved by the court.  The
27        person on probation or conditional discharge must  attend
28        a   public   institution   of  education  to  obtain  the
29        educational  or  vocational  training  required  by  this
30        clause (7).  The court  shall  revoke  the  probation  or
31        conditional  discharge  of a person who wilfully fails to
32        comply with this clause (7).  The person on probation  or
33        conditional  discharge  shall  be required to pay for the
34        cost of the educational courses or GED test, if a fee  is
 
                            -11-     LRB093 03354 RLC 06248 b
 1        charged  for  those  courses  or  test.   The court shall
 2        resentence the offender whose  probation  or  conditional
 3        discharge  has been revoked as provided in Section 5-6-4.
 4        This clause (7)  does not apply to a  person  who  has  a
 5        high  school  diploma  or has successfully passed the GED
 6        test. This clause (7)  does not apply to a person who  is
 7        determined by the court to be developmentally disabled or
 8        otherwise    mentally   incapable   of   completing   the
 9        educational or vocational program;
10             (8)  if  convicted  of  possession  of  a  substance
11        prohibited  by  the  Cannabis  Control  Act  or  Illinois
12        Controlled Substances Act after a previous conviction  or
13        disposition  of supervision for possession of a substance
14        prohibited  by  the  Cannabis  Control  Act  or  Illinois
15        Controlled  Substances  Act  or  after  a   sentence   of
16        probation under Section 10 of the Cannabis Control Act or
17        Section 410 of the Illinois Controlled Substances Act and
18        upon  a finding by the court that the person is addicted,
19        undergo treatment at a substance abuse  program  approved
20        by the court; and
21             (9)  if  convicted of a felony, physically surrender
22        at a time and place designated by the court, his  or  her
23        Firearm  Owner's  Identification  Card  and  any  and all
24        firearms in his or her possession.
25        (b)  The  Court  may  in  addition  to  other  reasonable
26    conditions relating to the  nature  of  the  offense  or  the
27    rehabilitation  of  the  defendant  as  determined  for  each
28    defendant  in the proper discretion of the Court require that
29    the person:
30             (1)  serve a term  of  periodic  imprisonment  under
31        Article  7  for  a period not to exceed that specified in
32        paragraph (d)  of Section 5-7-1;
33             (2)  pay a fine and costs;
34             (3)  work or pursue a course of study or  vocational
 
                            -12-     LRB093 03354 RLC 06248 b
 1        training;
 2             (4)  undergo  medical,  psychological or psychiatric
 3        treatment; or treatment for drug addiction or alcoholism;
 4             (5)  attend or reside in a facility established  for
 5        the instruction or residence of defendants on probation;
 6             (6)  support his dependents;
 7             (7)  and in addition, if a minor:
 8                  (i)  reside  with  his  parents  or in a foster
 9             home;
10                  (ii)  attend school;
11                  (iii)  attend  a  non-residential  program  for
12             youth;
13                  (iv)  contribute to his own support at home  or
14             in a foster home;
15                  (v)  with  the consent of the superintendent of
16             the facility, attend an  educational  program  at  a
17             facility  other than the school in which the offense
18             was committed if he or she is convicted of  a  crime
19             of  violence  as  defined  in Section 2 of the Crime
20             Victims Compensation Act committed in a  school,  on
21             the  real  property  comprising  a school, or within
22             1,000 feet of the real property comprising a school;
23             (8)  make restitution as provided in  Section  5-5-6
24        of this Code;
25             (9)  perform  some  reasonable  public  or community
26        service;
27             (10)  serve a term of home confinement.  In addition
28        to  any  other  applicable  condition  of  probation   or
29        conditional discharge, the conditions of home confinement
30        shall be that the offender:
31                  (i)  remain within the interior premises of the
32             place  designated  for  his  confinement  during the
33             hours designated by the court;
34                  (ii)  admit any person or agent  designated  by
 
                            -13-     LRB093 03354 RLC 06248 b
 1             the  court  into the offender's place of confinement
 2             at any time for purposes of verifying the offender's
 3             compliance with the conditions of  his  confinement;
 4             and
 5                  (iii)  if further deemed necessary by the court
 6             or  the  Probation  or Court Services Department, be
 7             placed on an approved electronic monitoring  device,
 8             subject to Article 8A of Chapter V;
 9                  (iv)  for  persons  convicted  of  any alcohol,
10             cannabis or controlled substance violation  who  are
11             placed   on  an  approved  monitoring  device  as  a
12             condition of probation or conditional discharge, the
13             court shall impose a reasonable fee for each day  of
14             the  use of the device, as established by the county
15             board in subsection  (g)  of  this  Section,  unless
16             after  determining  the inability of the offender to
17             pay the fee, the court assesses a lesser fee  or  no
18             fee as the case may be. This fee shall be imposed in
19             addition  to  the  fees  imposed  under  subsections
20             (g)  and  (i)  of  this  Section.  The  fee shall be
21             collected by the clerk of the  circuit  court.   The
22             clerk  of  the  circuit  court  shall pay all monies
23             collected from this fee to the county treasurer  for
24             deposit  in  the substance abuse services fund under
25             Section 5-1086.1 of the Counties Code; and
26                  (v)  for persons convicted  of  offenses  other
27             than  those referenced in clause (iv)  above and who
28             are placed on an approved  monitoring  device  as  a
29             condition of probation or conditional discharge, the
30             court  shall impose a reasonable fee for each day of
31             the use of the device, as established by the  county
32             board  in  subsection  (g)  of  this Section, unless
33             after determining the inability of the defendant  to
34             pay  the  fee, the court assesses a lesser fee or no
 
                            -14-     LRB093 03354 RLC 06248 b
 1             fee as the case may be.  This fee shall  be  imposed
 2             in  addition  to  the fees imposed under subsections
 3             (g)  and (i)  of this Section.   The  fee  shall  be
 4             collected  by  the  clerk of the circuit court.  The
 5             clerk of the circuit  court  shall  pay  all  monies
 6             collected  from this fee to the county treasurer who
 7             shall use the monies collected to defray  the  costs
 8             of  corrections.  The county treasurer shall deposit
 9             the fee collected in the county  working  cash  fund
10             under  Section  6-27001  or  Section  6-29002 of the
11             Counties Code, as the case may be.
12             (11)  comply with the terms  and  conditions  of  an
13        order  of  protection issued by the court pursuant to the
14        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
15        hereafter amended, or an order of  protection  issued  by
16        the  court  of  another  state,  tribe,  or United States
17        territory. A copy of the order  of  protection  shall  be
18        transmitted  to  the  probation  officer or agency having
19        responsibility for the case;
20             (12)  reimburse any "local  anti-crime  program"  as
21        defined  in  Section 7 of the Anti-Crime Advisory Council
22        Act for any reasonable expenses incurred by  the  program
23        on  the offender's case, not to exceed the maximum amount
24        of the fine authorized for  the  offense  for  which  the
25        defendant was sentenced;
26             (13)  contribute  a  reasonable sum of money, not to
27        exceed the maximum amount of the fine authorized for  the
28        offense  for  which  the  defendant  was  sentenced, to a
29        "local anti-crime program", as defined in  Section  7  of
30        the Anti-Crime Advisory Council Act;
31             (14)  refrain   from   entering  into  a  designated
32        geographic area except upon such terms as the court finds
33        appropriate. Such terms may include consideration of  the
34        purpose  of  the  entry,  the  time of day, other persons
 
                            -15-     LRB093 03354 RLC 06248 b
 1        accompanying the defendant, and  advance  approval  by  a
 2        probation  officer,  if  the defendant has been placed on
 3        probation or  advance  approval  by  the  court,  if  the
 4        defendant was placed on conditional discharge;
 5             (15)  refrain  from  having any contact, directly or
 6        indirectly, with certain specified persons or  particular
 7        types of persons, including but not limited to members of
 8        street gangs and drug users or dealers;
 9             (16)  refrain  from  having  in  his or her body the
10        presence of any illicit drug prohibited by  the  Cannabis
11        Control  Act  or  the Illinois Controlled Substances Act,
12        unless prescribed by a physician, and submit  samples  of
13        his  or her blood or urine or both for tests to determine
14        the presence of any illicit drug.
15        (b-5)  A sex offender as  defined  in  the  Sex  Offender
16    Management   Board   Act   who  is  placed  on  probation  or
17    conditional discharge shall be subject to the  provisions  of
18    paragraph (5) of subsection (f) of Section 15 of that Act.
19        (c)  The  court  may  as  a  condition of probation or of
20    conditional discharge require that a person under 18 years of
21    age found guilty  of  any  alcohol,  cannabis  or  controlled
22    substance   violation,  refrain  from  acquiring  a  driver's
23    license  during  the  period  of  probation  or   conditional
24    discharge.   If  such  person is in possession of a permit or
25    license, the court may require that the  minor  refrain  from
26    driving  or  operating any motor vehicle during the period of
27    probation  or  conditional  discharge,  except  as   may   be
28    necessary in the course of the minor's lawful employment.
29        (d)  An offender sentenced to probation or to conditional
30    discharge  shall  be  given  a  certificate setting forth the
31    conditions thereof.
32        (e)  Except where the offender has committed a fourth  or
33    subsequent  violation  of subsection (c)  of Section 6-303 of
34    the Illinois Vehicle Code, the court shall not require  as  a
 
                            -16-     LRB093 03354 RLC 06248 b
 1    condition   of  the  sentence  of  probation  or  conditional
 2    discharge that the offender  be  committed  to  a  period  of
 3    imprisonment  in excess of 6 months. This 6 month limit shall
 4    not include  periods  of  confinement  given  pursuant  to  a
 5    sentence   of   county  impact  incarceration  under  Section
 6    5-8-1.2. This 6 month  limit  does  not  apply  to  a  person
 7    sentenced  to  probation  as  a  result  of a conviction of a
 8    fourth or subsequent violation of subsection (c-4) of Section
 9    11-501 of the Illinois Vehicle Code or a similar provision of
10    a local ordinance.
11        Persons committed  to  imprisonment  as  a  condition  of
12    probation  or conditional discharge shall not be committed to
13    the Department of Corrections.
14        (f)  The  court  may  combine  a  sentence  of   periodic
15    imprisonment under Article 7 or a sentence to a county impact
16    incarceration  program  under  Article  8  with a sentence of
17    probation or conditional discharge.
18        (g)  An offender sentenced to probation or to conditional
19    discharge  and  who  during  the  term  of  either  undergoes
20    mandatory drug or alcohol testing, or both, or is assigned to
21    be placed on an approved electronic monitoring device,  shall
22    be ordered to pay all costs incidental to such mandatory drug
23    or alcohol testing, or both, and all costs incidental to such
24    approved   electronic   monitoring  in  accordance  with  the
25    defendant's ability to pay those  costs.   The  county  board
26    with  the  concurrence  of  the  Chief  Judge of the judicial
27    circuit in  which  the  county  is  located  shall  establish
28    reasonable  fees  for  the  cost of maintenance, testing, and
29    incidental expenses related to the mandatory drug or  alcohol
30    testing,  or  both,  and  all  costs  incidental  to approved
31    electronic monitoring, involved  in  a  successful  probation
32    program  for  the county.  The concurrence of the Chief Judge
33    shall be in the form of an  administrative  order.  The  fees
34    shall  be  collected  by the clerk of the circuit court.  The
 
                            -17-     LRB093 03354 RLC 06248 b
 1    clerk of the circuit court shall  pay  all  moneys  collected
 2    from  these  fees  to  the county treasurer who shall use the
 3    moneys collected to defray the costs of drug testing, alcohol
 4    testing, and  electronic  monitoring.  The  county  treasurer
 5    shall  deposit  the fees collected in the county working cash
 6    fund under Section 6-27001 or Section 6-29002 of the Counties
 7    Code, as the case may be.
 8        (h)  Jurisdiction over an  offender  may  be  transferred
 9    from  the  sentencing  court  to the court of another circuit
10    with the concurrence of both courts.   Further  transfers  or
11    retransfers  of  jurisdiction are also authorized in the same
12    manner.  The court to which jurisdiction has been transferred
13    shall have the same powers as the sentencing court.
14        (i)  The court shall impose upon an offender sentenced to
15    probation after January 1, 1989 or to  conditional  discharge
16    after  January  1,  1992, as a condition of such probation or
17    conditional discharge,  a  fee  of  $25  for  each  month  of
18    probation or conditional discharge supervision ordered by the
19    court,  unless  after determining the inability of the person
20    sentenced to probation or conditional discharge  to  pay  the
21    fee,  the  court  assesses  a  lesser  fee. The court may not
22    impose the fee on a minor who is made a  ward  of  the  State
23    under  the  Juvenile  Court Act of 1987 while the minor is in
24    placement. The fee shall be imposed only upon an offender who
25    is actively supervised by the probation  and  court  services
26    department.   The  fee shall be collected by the clerk of the
27    circuit court.  The clerk of the circuit court shall pay  all
28    monies  collected  from  this fee to the county treasurer for
29    deposit in  the  probation  and  court  services  fund  under
30    Section 15.1 of the Probation and Probation Officers Act.
31        (j)  All  fines  and costs imposed under this Section for
32    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
33    Vehicle  Code,  or  a similar provision of a local ordinance,
34    and any violation of the Child Passenger Protection Act, or a
 
                            -18-     LRB093 03354 RLC 06248 b
 1    similar provision of a local ordinance,  shall  be  collected
 2    and  disbursed by the circuit clerk as provided under Section
 3    27.5 of the Clerks of Courts Act.
 4    (Source: P.A. 91-325, eff.  7-29-99;  91-696,  eff.  4-13-00;
 5    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
 6    8-10-01;  92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
 7    eff. 6-26-02; 92-651, eff. 7-11-02.)