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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-6-3 as follows: | ||||||
6 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
7 | (Text of Section before amendment by P.A. 95-983 )
| ||||||
8 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
9 | Discharge.
| ||||||
10 | (a) The conditions of probation and of conditional | ||||||
11 | discharge shall be
that the person:
| ||||||
12 | (1) not violate any criminal statute of any | ||||||
13 | jurisdiction;
| ||||||
14 | (2) report to or appear in person before such person or | ||||||
15 | agency as
directed by the court;
| ||||||
16 | (3) refrain from possessing a firearm or other | ||||||
17 | dangerous weapon where the offense is a felony or, if a | ||||||
18 | misdemeanor, the offense involved the intentional or | ||||||
19 | knowing infliction of bodily harm or threat of bodily harm ;
| ||||||
20 | (4) not leave the State without the consent of the | ||||||
21 | court or, in
circumstances in which the reason for the | ||||||
22 | absence is of such an emergency
nature that prior consent | ||||||
23 | by the court is not possible, without the prior
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| |||||||
1 | notification and approval of the person's probation
| ||||||
2 | officer. Transfer of a person's probation or conditional | ||||||
3 | discharge
supervision to another state is subject to | ||||||
4 | acceptance by the other state
pursuant to the Interstate | ||||||
5 | Compact for Adult Offender Supervision;
| ||||||
6 | (5) permit the probation officer to visit
him at his | ||||||
7 | home or elsewhere
to the extent necessary to discharge his | ||||||
8 | duties;
| ||||||
9 | (6) perform no less than 30 hours of community service | ||||||
10 | and not more than
120 hours of community service, if | ||||||
11 | community service is available in the
jurisdiction and is | ||||||
12 | funded and approved by the county board where the offense
| ||||||
13 | was committed, where the offense was related to or in | ||||||
14 | furtherance of the
criminal activities of an organized gang | ||||||
15 | and was motivated by the offender's
membership in or | ||||||
16 | allegiance to an organized gang. The community service | ||||||
17 | shall
include, but not be limited to, the cleanup and | ||||||
18 | repair of any damage caused by
a violation of Section | ||||||
19 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
20 | property located within the municipality or county in which | ||||||
21 | the violation
occurred. When possible and reasonable, the | ||||||
22 | community service should be
performed in the offender's | ||||||
23 | neighborhood. For purposes of this Section,
"organized | ||||||
24 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
25 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
26 | (7) if he or she is at least 17 years of age and has |
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1 | been sentenced to
probation or conditional discharge for a | ||||||
2 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
3 | inhabitants and has not been previously convicted of a
| ||||||
4 | misdemeanor or felony, may be required by the sentencing | ||||||
5 | court to attend
educational courses designed to prepare the | ||||||
6 | defendant for a high school diploma
and to work toward a | ||||||
7 | high school diploma or to work toward passing the high
| ||||||
8 | school level Test of General Educational Development (GED) | ||||||
9 | or to work toward
completing a vocational training program | ||||||
10 | approved by the court. The person on
probation or | ||||||
11 | conditional discharge must attend a public institution of
| ||||||
12 | education to obtain the educational or vocational training | ||||||
13 | required by this
clause (7). The court shall revoke the | ||||||
14 | probation or conditional discharge of a
person who wilfully | ||||||
15 | fails to comply with this clause (7). The person on
| ||||||
16 | probation or conditional discharge shall be required to pay | ||||||
17 | for the cost of the
educational courses or GED test, if a | ||||||
18 | fee is charged for those courses or
test. The court shall | ||||||
19 | resentence the offender whose probation or conditional
| ||||||
20 | discharge has been revoked as provided in Section 5-6-4. | ||||||
21 | This clause (7) does
not apply to a person who has a high | ||||||
22 | school diploma or has successfully passed
the GED test. | ||||||
23 | This clause (7) does not apply to a person who is | ||||||
24 | determined by
the court to be developmentally disabled or | ||||||
25 | otherwise mentally incapable of
completing the educational | ||||||
26 | or vocational program;
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| |||||||
1 | (8) if convicted of possession of a substance | ||||||
2 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
3 | Controlled Substances Act, or the Methamphetamine Control | ||||||
4 | and Community Protection Act
after a previous conviction or | ||||||
5 | disposition of supervision for possession of a
substance | ||||||
6 | prohibited by the Cannabis Control Act or Illinois | ||||||
7 | Controlled
Substances Act or after a sentence of probation | ||||||
8 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
9 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
10 | the Methamphetamine Control and Community Protection Act | ||||||
11 | and upon a
finding by the court that the person is | ||||||
12 | addicted, undergo treatment at a
substance abuse program | ||||||
13 | approved by the court;
| ||||||
14 | (8.5) if convicted of a felony sex offense as defined | ||||||
15 | in the Sex
Offender
Management Board Act, the person shall | ||||||
16 | undergo and successfully complete sex
offender treatment | ||||||
17 | by a treatment provider approved by the Board and conducted
| ||||||
18 | in conformance with the standards developed under the Sex
| ||||||
19 | Offender Management Board Act;
| ||||||
20 | (8.6) if convicted of a sex offense as defined in the | ||||||
21 | Sex Offender Management Board Act, refrain from residing at | ||||||
22 | the same address or in the same condominium unit or | ||||||
23 | apartment unit or in the same condominium complex or | ||||||
24 | apartment complex with another person he or she knows or | ||||||
25 | reasonably should know is a convicted sex offender or has | ||||||
26 | been placed on supervision for a sex offense; the |
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| |||||||
1 | provisions of this paragraph do not apply to a person | ||||||
2 | convicted of a sex offense who is placed in a Department of | ||||||
3 | Corrections licensed transitional housing facility for sex | ||||||
4 | offenders; | ||||||
5 | (8.7) if convicted for an offense committed on or after | ||||||
6 | the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly that would qualify the accused as a child | ||||||
8 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
9 | Criminal Code of 1961, refrain from communicating with or | ||||||
10 | contacting, by means of the Internet, a person who is not | ||||||
11 | related to the accused and whom the accused reasonably | ||||||
12 | believes to be under 18 years of age; for purposes of this | ||||||
13 | paragraph (8.7), "Internet" has the meaning ascribed to it | ||||||
14 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
15 | is not related to the accused if the person is not: (i) the | ||||||
16 | spouse, brother, or sister of the accused; (ii) a | ||||||
17 | descendant of the accused; (iii) a first or second cousin | ||||||
18 | of the accused; or (iv) a step-child or adopted child of | ||||||
19 | the accused; | ||||||
20 | (9) if convicted of a felony, physically surrender at a | ||||||
21 | time and place
designated by the court, his or her Firearm
| ||||||
22 | Owner's Identification Card and
any and all firearms in
his | ||||||
23 | or her possession; and
| ||||||
24 | (10) if convicted of a sex offense as defined in | ||||||
25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
26 | offender is a parent or guardian of the person under 18 |
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| |||||||
1 | years of age present in the home and no non-familial minors | ||||||
2 | are present, not participate in a holiday event involving | ||||||
3 | children under 18 years of age, such as distributing candy | ||||||
4 | or other items to children on Halloween, wearing a Santa | ||||||
5 | Claus costume on or preceding Christmas, being employed as | ||||||
6 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
7 | costume on or preceding Easter. | ||||||
8 | (b) The Court may in addition to other reasonable | ||||||
9 | conditions relating to the
nature of the offense or the | ||||||
10 | rehabilitation of the defendant as determined for
each | ||||||
11 | defendant in the proper discretion of the Court require that | ||||||
12 | the person:
| ||||||
13 | (1) serve a term of periodic imprisonment under Article | ||||||
14 | 7 for a
period not to exceed that specified in paragraph | ||||||
15 | (d) of Section 5-7-1;
| ||||||
16 | (2) pay a fine and costs;
| ||||||
17 | (3) work or pursue a course of study or vocational | ||||||
18 | training;
| ||||||
19 | (4) undergo medical, psychological or psychiatric | ||||||
20 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction
or residence of defendants on probation;
| ||||||
23 | (6) support his dependents;
| ||||||
24 | (7) and in addition, if a minor:
| ||||||
25 | (i) reside with his parents or in a foster home;
| ||||||
26 | (ii) attend school;
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| |||||||
1 | (iii) attend a non-residential program for youth;
| ||||||
2 | (iv) contribute to his own support at home or in a | ||||||
3 | foster home;
| ||||||
4 | (v) with the consent of the superintendent of the
| ||||||
5 | facility, attend an educational program at a facility | ||||||
6 | other than the school
in which the
offense was | ||||||
7 | committed if he
or she is convicted of a crime of | ||||||
8 | violence as
defined in
Section 2 of the Crime Victims | ||||||
9 | Compensation Act committed in a school, on the
real
| ||||||
10 | property
comprising a school, or within 1,000 feet of | ||||||
11 | the real property comprising a
school;
| ||||||
12 | (8) make restitution as provided in Section 5-5-6 of | ||||||
13 | this Code;
| ||||||
14 | (9) perform some reasonable public or community | ||||||
15 | service;
| ||||||
16 | (10) serve a term of home confinement. In addition to | ||||||
17 | any other
applicable condition of probation or conditional | ||||||
18 | discharge, the
conditions of home confinement shall be that | ||||||
19 | the offender:
| ||||||
20 | (i) remain within the interior premises of the | ||||||
21 | place designated for
his confinement during the hours | ||||||
22 | designated by the court;
| ||||||
23 | (ii) admit any person or agent designated by the | ||||||
24 | court into the
offender's place of confinement at any | ||||||
25 | time for purposes of verifying
the offender's | ||||||
26 | compliance with the conditions of his confinement; and
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1 | (iii) if further deemed necessary by the court or | ||||||
2 | the
Probation or
Court Services Department, be placed | ||||||
3 | on an approved
electronic monitoring device, subject | ||||||
4 | to Article 8A of Chapter V;
| ||||||
5 | (iv) for persons convicted of any alcohol, | ||||||
6 | cannabis or controlled
substance violation who are | ||||||
7 | placed on an approved monitoring device as a
condition | ||||||
8 | of probation or conditional discharge, the court shall | ||||||
9 | impose a
reasonable fee for each day of the use of the | ||||||
10 | device, as established by the
county board in | ||||||
11 | subsection (g) of this Section, unless after | ||||||
12 | determining the
inability of the offender to pay the | ||||||
13 | fee, the court assesses a lesser fee or no
fee as the | ||||||
14 | case may be. This fee shall be imposed in addition to | ||||||
15 | the fees
imposed under subsections (g) and (i) of this | ||||||
16 | Section. The fee shall be
collected by the clerk of the | ||||||
17 | circuit court. The clerk of the circuit
court shall pay | ||||||
18 | all monies collected from this fee to the county | ||||||
19 | treasurer
for deposit in the substance abuse services | ||||||
20 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
21 | (v) for persons convicted of offenses other than | ||||||
22 | those referenced in
clause (iv) above and who are | ||||||
23 | placed on an approved monitoring device as a
condition | ||||||
24 | of probation or conditional discharge, the court shall | ||||||
25 | impose
a reasonable fee for each day of the use of the | ||||||
26 | device, as established by the
county board in |
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| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the defendant to pay the | ||||||
3 | fee, the court assesses a lesser fee or
no fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee
shall be collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee
to the county | ||||||
9 | treasurer who shall use the monies collected to defray | ||||||
10 | the
costs of corrections. The county treasurer shall | ||||||
11 | deposit the fee
collected in the county working cash | ||||||
12 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
13 | Counties Code, as the case may be.
| ||||||
14 | (11) comply with the terms and conditions of an order | ||||||
15 | of protection issued
by the court pursuant to the Illinois | ||||||
16 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
17 | or an order of protection issued by the court of
another | ||||||
18 | state, tribe, or United States territory. A copy of the | ||||||
19 | order of
protection shall be
transmitted to the probation | ||||||
20 | officer or agency
having responsibility for the case;
| ||||||
21 | (12) reimburse any "local anti-crime program" as | ||||||
22 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
23 | for any reasonable expenses incurred
by the program on the | ||||||
24 | offender's case, not to exceed the maximum amount of
the | ||||||
25 | fine authorized for the offense for which the defendant was | ||||||
26 | sentenced;
|
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| |||||||
1 | (13) contribute a reasonable sum of money, not to | ||||||
2 | exceed the maximum
amount of the fine authorized for the
| ||||||
3 | offense for which the defendant was sentenced, (i) to a | ||||||
4 | "local anti-crime
program", as defined in Section 7 of the | ||||||
5 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
6 | the jurisdiction of the Department of Natural Resources, to | ||||||
7 | the fund established by the Department of Natural Resources | ||||||
8 | for the purchase of evidence for investigation purposes and | ||||||
9 | to conduct investigations as outlined in Section 805-105 of | ||||||
10 | the Department of Natural Resources (Conservation) Law;
| ||||||
11 | (14) refrain from entering into a designated | ||||||
12 | geographic area except upon
such terms as the court finds | ||||||
13 | appropriate. Such terms may include
consideration of the | ||||||
14 | purpose of the entry, the time of day, other persons
| ||||||
15 | accompanying the defendant, and advance approval by a
| ||||||
16 | probation officer, if
the defendant has been placed on | ||||||
17 | probation or advance approval by the
court, if the | ||||||
18 | defendant was placed on conditional discharge;
| ||||||
19 | (15) refrain from having any contact, directly or | ||||||
20 | indirectly, with
certain specified persons or particular | ||||||
21 | types of persons, including but not
limited to members of | ||||||
22 | street gangs and drug users or dealers;
| ||||||
23 | (16) refrain from having in his or her body the | ||||||
24 | presence of any illicit
drug prohibited by the Cannabis | ||||||
25 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
26 | Methamphetamine Control and Community Protection Act, |
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| |||||||
1 | unless prescribed by a physician, and submit samples of
his | ||||||
2 | or her blood or urine or both for tests to determine the | ||||||
3 | presence of any
illicit drug; and
| ||||||
4 | (17) if convicted for an offense committed on or after | ||||||
5 | the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly that would qualify the accused as a child | ||||||
7 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
8 | Criminal Code of 1961, refrain from communicating with or | ||||||
9 | contacting, by means of the Internet, a person who is | ||||||
10 | related to the accused and whom the accused reasonably | ||||||
11 | believes to be under 18 years of age; for purposes of this | ||||||
12 | paragraph (17), "Internet" has the meaning ascribed to it | ||||||
13 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
14 | is related to the accused if the person is: (i) the spouse, | ||||||
15 | brother, or sister of the accused; (ii) a descendant of the | ||||||
16 | accused; (iii) a first or second cousin of the accused; or | ||||||
17 | (iv) a step-child or adopted child of the accused ; and . | ||||||
18 | (18) refrain from possessing a firearm or other | ||||||
19 | dangerous weapon where the offense is a misdemeanor that | ||||||
20 | did not involve the intentional or knowing infliction of | ||||||
21 | bodily harm or threat of bodily harm. | ||||||
22 | (c) The court may as a condition of probation or of | ||||||
23 | conditional
discharge require that a person under 18 years of | ||||||
24 | age found guilty of any
alcohol, cannabis or controlled | ||||||
25 | substance violation, refrain from acquiring
a driver's license | ||||||
26 | during
the period of probation or conditional discharge. If |
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| |||||||
1 | such person
is in possession of a permit or license, the court | ||||||
2 | may require that
the minor refrain from driving or operating | ||||||
3 | any motor vehicle during the
period of probation or conditional | ||||||
4 | discharge, except as may be necessary in
the course of the | ||||||
5 | minor's lawful employment.
| ||||||
6 | (d) An offender sentenced to probation or to conditional | ||||||
7 | discharge
shall be given a certificate setting forth the | ||||||
8 | conditions thereof.
| ||||||
9 | (e) Except where the offender has committed a fourth or | ||||||
10 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
11 | Illinois Vehicle Code,
the court shall not require as a | ||||||
12 | condition of the sentence of
probation or conditional discharge | ||||||
13 | that the offender be committed to a
period of imprisonment in | ||||||
14 | excess of 6 months.
This 6 month limit shall not include | ||||||
15 | periods of confinement given pursuant to
a sentence of county | ||||||
16 | impact incarceration under Section 5-8-1.2.
| ||||||
17 | Persons committed to imprisonment as a condition of | ||||||
18 | probation or
conditional discharge shall not be committed to | ||||||
19 | the Department of
Corrections.
| ||||||
20 | (f) The court may combine a sentence of periodic | ||||||
21 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
22 | incarceration program under
Article 8 with a sentence of | ||||||
23 | probation or conditional discharge.
| ||||||
24 | (g) An offender sentenced to probation or to conditional | ||||||
25 | discharge and
who during the term of either undergoes mandatory | ||||||
26 | drug or alcohol testing,
or both, or is assigned to be placed |
| |||||||
| |||||||
1 | on an approved electronic monitoring
device, shall be ordered | ||||||
2 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
3 | testing, or both, and all costs
incidental to such approved | ||||||
4 | electronic monitoring in accordance with the
defendant's | ||||||
5 | ability to pay those costs. The county board with
the | ||||||
6 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
7 | the county is located shall establish reasonable fees for
the | ||||||
8 | cost of maintenance, testing, and incidental expenses related | ||||||
9 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
10 | costs incidental to
approved electronic monitoring, involved | ||||||
11 | in a successful probation program
for the county. The | ||||||
12 | concurrence of the Chief Judge shall be in the form of
an | ||||||
13 | administrative order.
The fees shall be collected by the clerk | ||||||
14 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
15 | all moneys collected from these fees to the county
treasurer | ||||||
16 | who shall use the moneys collected to defray the costs of
drug | ||||||
17 | testing, alcohol testing, and electronic monitoring.
The | ||||||
18 | county treasurer shall deposit the fees collected in the
county | ||||||
19 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
20 | the
Counties Code, as the case may be.
| ||||||
21 | (h) Jurisdiction over an offender may be transferred from | ||||||
22 | the
sentencing court to the court of another circuit with the | ||||||
23 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
24 | jurisdiction are also
authorized in the same manner. The court | ||||||
25 | to which jurisdiction has been
transferred shall have the same | ||||||
26 | powers as the sentencing court.
|
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| |||||||
1 | (i) The court shall impose upon an offender
sentenced to | ||||||
2 | probation after January 1, 1989 or to conditional discharge
| ||||||
3 | after January 1, 1992 or to community service under the | ||||||
4 | supervision of a
probation or court services department after | ||||||
5 | January 1, 2004, as a condition of such probation or | ||||||
6 | conditional
discharge or supervised community service, a fee of | ||||||
7 | $50
for each month of probation or
conditional
discharge | ||||||
8 | supervision or supervised community service ordered by the | ||||||
9 | court, unless after
determining the inability of the person | ||||||
10 | sentenced to probation or conditional
discharge or supervised | ||||||
11 | community service to pay the
fee, the court assesses a lesser | ||||||
12 | fee. The court may not impose the fee on a
minor who is made a | ||||||
13 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
14 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
15 | an offender who is actively supervised by the
probation and | ||||||
16 | court services
department. The fee shall be collected by the | ||||||
17 | clerk
of the circuit court. The clerk of the circuit court | ||||||
18 | shall pay all monies
collected from this fee to the county | ||||||
19 | treasurer for deposit in the
probation and court services fund | ||||||
20 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
21 | A circuit court may not impose a probation fee under this | ||||||
22 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
23 | circuit court has adopted, by administrative
order issued by | ||||||
24 | the chief judge, a standard probation fee guide
determining an | ||||||
25 | offender's ability to pay, under guidelines developed by
the | ||||||
26 | Administrative
Office of the Illinois Courts; and (2) the |
| |||||||
| |||||||
1 | circuit court has authorized, by
administrative order issued by | ||||||
2 | the chief judge, the creation of a Crime
Victim's Services | ||||||
3 | Fund, to be administered by the Chief Judge or his or
her | ||||||
4 | designee, for services to crime victims and their families. Of | ||||||
5 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
6 | collected per month may be used to provide services to crime | ||||||
7 | victims
and their families.
| ||||||
8 | This amendatory Act of the 93rd General Assembly deletes | ||||||
9 | the $10 increase in the fee under this subsection that was | ||||||
10 | imposed by Public Act 93-616. This deletion is intended to | ||||||
11 | control over any other Act of the 93rd General Assembly that | ||||||
12 | retains or incorporates that fee increase. | ||||||
13 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
14 | of this Section, in the case of an offender convicted of a | ||||||
15 | felony sex offense (as defined in the Sex Offender Management | ||||||
16 | Board Act) or an offense that the court or probation department | ||||||
17 | has determined to be sexually motivated (as defined in the Sex | ||||||
18 | Offender Management Board Act), the court or the probation | ||||||
19 | department shall assess additional fees to pay for all costs of | ||||||
20 | treatment, assessment, evaluation for risk and treatment, and | ||||||
21 | monitoring the offender, based on that offender's ability to | ||||||
22 | pay those costs either as they occur or under a payment plan. | ||||||
23 | (j) All fines and costs imposed under this Section for any | ||||||
24 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
25 | Code, or a similar
provision of a local ordinance, and any | ||||||
26 | violation of the Child Passenger
Protection Act, or a similar |
| |||||||
| |||||||
1 | provision of a local ordinance, shall be
collected and | ||||||
2 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
3 | of the Clerks of Courts Act.
| ||||||
4 | (k) Any offender who is sentenced to probation or | ||||||
5 | conditional discharge for a felony sex offense as defined in | ||||||
6 | the Sex Offender Management Board Act or any offense that the | ||||||
7 | court or probation department has determined to be sexually | ||||||
8 | motivated as defined in the Sex Offender Management Board Act | ||||||
9 | shall be required to refrain from any contact, directly or | ||||||
10 | indirectly, with any persons specified by the court and shall | ||||||
11 | be available for all evaluations and treatment programs | ||||||
12 | required by the court or the probation department.
| ||||||
13 | (l) The court may order an offender who is sentenced to | ||||||
14 | probation or conditional
discharge for a violation of an order | ||||||
15 | of protection be placed under electronic surveillance as | ||||||
16 | provided in Section 5-8A-7 of this Code. | ||||||
17 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
18 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
19 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. | ||||||
20 | 1-1-09; 95-876, eff. 8-21-08.) | ||||||
21 | (Text of Section after amendment by P.A. 95-983 ) | ||||||
22 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
23 | Discharge.
| ||||||
24 | (a) The conditions of probation and of conditional | ||||||
25 | discharge shall be
that the person:
|
| |||||||
| |||||||
1 | (1) not violate any criminal statute of any | ||||||
2 | jurisdiction;
| ||||||
3 | (2) report to or appear in person before such person or | ||||||
4 | agency as
directed by the court;
| ||||||
5 | (3) refrain from possessing a firearm or other | ||||||
6 | dangerous weapon where the offense is a felony or, if a | ||||||
7 | misdemeanor, the offense involved the intentional or | ||||||
8 | knowing infliction of bodily harm or threat of bodily harm ;
| ||||||
9 | (4) not leave the State without the consent of the | ||||||
10 | court or, in
circumstances in which the reason for the | ||||||
11 | absence is of such an emergency
nature that prior consent | ||||||
12 | by the court is not possible, without the prior
| ||||||
13 | notification and approval of the person's probation
| ||||||
14 | officer. Transfer of a person's probation or conditional | ||||||
15 | discharge
supervision to another state is subject to | ||||||
16 | acceptance by the other state
pursuant to the Interstate | ||||||
17 | Compact for Adult Offender Supervision;
| ||||||
18 | (5) permit the probation officer to visit
him at his | ||||||
19 | home or elsewhere
to the extent necessary to discharge his | ||||||
20 | duties;
| ||||||
21 | (6) perform no less than 30 hours of community service | ||||||
22 | and not more than
120 hours of community service, if | ||||||
23 | community service is available in the
jurisdiction and is | ||||||
24 | funded and approved by the county board where the offense
| ||||||
25 | was committed, where the offense was related to or in | ||||||
26 | furtherance of the
criminal activities of an organized gang |
| |||||||
| |||||||
1 | and was motivated by the offender's
membership in or | ||||||
2 | allegiance to an organized gang. The community service | ||||||
3 | shall
include, but not be limited to, the cleanup and | ||||||
4 | repair of any damage caused by
a violation of Section | ||||||
5 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
6 | property located within the municipality or county in which | ||||||
7 | the violation
occurred. When possible and reasonable, the | ||||||
8 | community service should be
performed in the offender's | ||||||
9 | neighborhood. For purposes of this Section,
"organized | ||||||
10 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
11 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
12 | (7) if he or she is at least 17 years of age and has | ||||||
13 | been sentenced to
probation or conditional discharge for a | ||||||
14 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
15 | inhabitants and has not been previously convicted of a
| ||||||
16 | misdemeanor or felony, may be required by the sentencing | ||||||
17 | court to attend
educational courses designed to prepare the | ||||||
18 | defendant for a high school diploma
and to work toward a | ||||||
19 | high school diploma or to work toward passing the high
| ||||||
20 | school level Test of General Educational Development (GED) | ||||||
21 | or to work toward
completing a vocational training program | ||||||
22 | approved by the court. The person on
probation or | ||||||
23 | conditional discharge must attend a public institution of
| ||||||
24 | education to obtain the educational or vocational training | ||||||
25 | required by this
clause (7). The court shall revoke the | ||||||
26 | probation or conditional discharge of a
person who wilfully |
| |||||||
| |||||||
1 | fails to comply with this clause (7). The person on
| ||||||
2 | probation or conditional discharge shall be required to pay | ||||||
3 | for the cost of the
educational courses or GED test, if a | ||||||
4 | fee is charged for those courses or
test. The court shall | ||||||
5 | resentence the offender whose probation or conditional
| ||||||
6 | discharge has been revoked as provided in Section 5-6-4. | ||||||
7 | This clause (7) does
not apply to a person who has a high | ||||||
8 | school diploma or has successfully passed
the GED test. | ||||||
9 | This clause (7) does not apply to a person who is | ||||||
10 | determined by
the court to be developmentally disabled or | ||||||
11 | otherwise mentally incapable of
completing the educational | ||||||
12 | or vocational program;
| ||||||
13 | (8) if convicted of possession of a substance | ||||||
14 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine Control | ||||||
16 | and Community Protection Act
after a previous conviction or | ||||||
17 | disposition of supervision for possession of a
substance | ||||||
18 | prohibited by the Cannabis Control Act or Illinois | ||||||
19 | Controlled
Substances Act or after a sentence of probation | ||||||
20 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
21 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
22 | the Methamphetamine Control and Community Protection Act | ||||||
23 | and upon a
finding by the court that the person is | ||||||
24 | addicted, undergo treatment at a
substance abuse program | ||||||
25 | approved by the court;
| ||||||
26 | (8.5) if convicted of a felony sex offense as defined |
| |||||||
| |||||||
1 | in the Sex
Offender
Management Board Act, the person shall | ||||||
2 | undergo and successfully complete sex
offender treatment | ||||||
3 | by a treatment provider approved by the Board and conducted
| ||||||
4 | in conformance with the standards developed under the Sex
| ||||||
5 | Offender Management Board Act;
| ||||||
6 | (8.6) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender Management Board Act, refrain from residing at | ||||||
8 | the same address or in the same condominium unit or | ||||||
9 | apartment unit or in the same condominium complex or | ||||||
10 | apartment complex with another person he or she knows or | ||||||
11 | reasonably should know is a convicted sex offender or has | ||||||
12 | been placed on supervision for a sex offense; the | ||||||
13 | provisions of this paragraph do not apply to a person | ||||||
14 | convicted of a sex offense who is placed in a Department of | ||||||
15 | Corrections licensed transitional housing facility for sex | ||||||
16 | offenders; | ||||||
17 | (8.7) if convicted for an offense committed on or after | ||||||
18 | June 1, 2008 ( the effective date of Public Act 95-464) this | ||||||
19 | amendatory Act of the 95th General Assembly that would | ||||||
20 | qualify the accused as a child sex offender as defined in | ||||||
21 | Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | ||||||
22 | refrain from communicating with or contacting, by means of | ||||||
23 | the Internet, a person who is not related to the accused | ||||||
24 | and whom the accused reasonably believes to be under 18 | ||||||
25 | years of age; for purposes of this paragraph (8.7), | ||||||
26 | "Internet" has the meaning ascribed to it in Section 16J-5 |
| |||||||
| |||||||
1 | of the Criminal Code of 1961; and a person is not related | ||||||
2 | to the accused if the person is not: (i) the spouse, | ||||||
3 | brother, or sister of the accused; (ii) a descendant of the | ||||||
4 | accused; (iii) a first or second cousin of the accused; or | ||||||
5 | (iv) a step-child or adopted child of the accused; | ||||||
6 | (8.8) if convicted for an offense under Section 11-6, | ||||||
7 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
8 | Code of 1961, or any attempt to commit any of these | ||||||
9 | offenses, committed on or after June 1, 2009 ( the effective | ||||||
10 | date of Public Act 95-983) this amendatory Act of the 95th | ||||||
11 | General Assembly : | ||||||
12 | (i) not access or use a computer or any other | ||||||
13 | device with Internet capability without the prior | ||||||
14 | written approval of the offender's probation officer, | ||||||
15 | except in connection with the offender's employment or | ||||||
16 | search for employment with the prior approval of the | ||||||
17 | offender's probation officer; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's probation | ||||||
21 | officer, a law enforcement officer, or assigned | ||||||
22 | computer or information technology specialist, | ||||||
23 | including the retrieval and copying of all data from | ||||||
24 | the computer or device and any internal or external | ||||||
25 | peripherals and removal of such information, | ||||||
26 | equipment, or device to conduct a more thorough |
| |||||||
| |||||||
1 | inspection; | ||||||
2 | (iii) submit to the installation on the offender's | ||||||
3 | computer or device with Internet capability, at the | ||||||
4 | offender's expense, of one or more hardware or software | ||||||
5 | systems to monitor the Internet use; and | ||||||
6 | (iv) submit to any other appropriate restrictions | ||||||
7 | concerning the offender's use of or access to a | ||||||
8 | computer or any other device with Internet capability | ||||||
9 | imposed by the offender's probation officer; | ||||||
10 | (9) if convicted of a felony, physically surrender at a | ||||||
11 | time and place
designated by the court, his or her Firearm
| ||||||
12 | Owner's Identification Card and
any and all firearms in
his | ||||||
13 | or her possession; and
| ||||||
14 | (10) if convicted of a sex offense as defined in | ||||||
15 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
16 | offender is a parent or guardian of the person under 18 | ||||||
17 | years of age present in the home and no non-familial minors | ||||||
18 | are present, not participate in a holiday event involving | ||||||
19 | children under 18 years of age, such as distributing candy | ||||||
20 | or other items to children on Halloween, wearing a Santa | ||||||
21 | Claus costume on or preceding Christmas, being employed as | ||||||
22 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
23 | costume on or preceding Easter. | ||||||
24 | (b) The Court may in addition to other reasonable | ||||||
25 | conditions relating to the
nature of the offense or the | ||||||
26 | rehabilitation of the defendant as determined for
each |
| |||||||
| |||||||
1 | defendant in the proper discretion of the Court require that | ||||||
2 | the person:
| ||||||
3 | (1) serve a term of periodic imprisonment under Article | ||||||
4 | 7 for a
period not to exceed that specified in paragraph | ||||||
5 | (d) of Section 5-7-1;
| ||||||
6 | (2) pay a fine and costs;
| ||||||
7 | (3) work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (4) undergo medical, psychological or psychiatric | ||||||
10 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction
or residence of defendants on probation;
| ||||||
13 | (6) support his dependents;
| ||||||
14 | (7) and in addition, if a minor:
| ||||||
15 | (i) reside with his parents or in a foster home;
| ||||||
16 | (ii) attend school;
| ||||||
17 | (iii) attend a non-residential program for youth;
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster home;
| ||||||
20 | (v) with the consent of the superintendent of the
| ||||||
21 | facility, attend an educational program at a facility | ||||||
22 | other than the school
in which the
offense was | ||||||
23 | committed if he
or she is convicted of a crime of | ||||||
24 | violence as
defined in
Section 2 of the Crime Victims | ||||||
25 | Compensation Act committed in a school, on the
real
| ||||||
26 | property
comprising a school, or within 1,000 feet of |
| |||||||
| |||||||
1 | the real property comprising a
school;
| ||||||
2 | (8) make restitution as provided in Section 5-5-6 of | ||||||
3 | this Code;
| ||||||
4 | (9) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (10) serve a term of home confinement. In addition to | ||||||
7 | any other
applicable condition of probation or conditional | ||||||
8 | discharge, the
conditions of home confinement shall be that | ||||||
9 | the offender:
| ||||||
10 | (i) remain within the interior premises of the | ||||||
11 | place designated for
his confinement during the hours | ||||||
12 | designated by the court;
| ||||||
13 | (ii) admit any person or agent designated by the | ||||||
14 | court into the
offender's place of confinement at any | ||||||
15 | time for purposes of verifying
the offender's | ||||||
16 | compliance with the conditions of his confinement; and
| ||||||
17 | (iii) if further deemed necessary by the court or | ||||||
18 | the
Probation or
Court Services Department, be placed | ||||||
19 | on an approved
electronic monitoring device, subject | ||||||
20 | to Article 8A of Chapter V;
| ||||||
21 | (iv) for persons convicted of any alcohol, | ||||||
22 | cannabis or controlled
substance violation who are | ||||||
23 | placed on an approved monitoring device as a
condition | ||||||
24 | of probation or conditional discharge, the court shall | ||||||
25 | impose a
reasonable fee for each day of the use of the | ||||||
26 | device, as established by the
county board in |
| |||||||
| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the offender to pay the | ||||||
3 | fee, the court assesses a lesser fee or no
fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee shall be
collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee to the county | ||||||
9 | treasurer
for deposit in the substance abuse services | ||||||
10 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
11 | (v) for persons convicted of offenses other than | ||||||
12 | those referenced in
clause (iv) above and who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose
a reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the defendant to pay the | ||||||
19 | fee, the court assesses a lesser fee or
no fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee
shall be collected by the clerk of the | ||||||
23 | circuit court. The clerk of the circuit
court shall pay | ||||||
24 | all monies collected from this fee
to the county | ||||||
25 | treasurer who shall use the monies collected to defray | ||||||
26 | the
costs of corrections. The county treasurer shall |
| |||||||
| |||||||
1 | deposit the fee
collected in the county working cash | ||||||
2 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
3 | Counties Code, as the case may be.
| ||||||
4 | (11) comply with the terms and conditions of an order | ||||||
5 | of protection issued
by the court pursuant to the Illinois | ||||||
6 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
7 | or an order of protection issued by the court of
another | ||||||
8 | state, tribe, or United States territory. A copy of the | ||||||
9 | order of
protection shall be
transmitted to the probation | ||||||
10 | officer or agency
having responsibility for the case;
| ||||||
11 | (12) reimburse any "local anti-crime program" as | ||||||
12 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
13 | for any reasonable expenses incurred
by the program on the | ||||||
14 | offender's case, not to exceed the maximum amount of
the | ||||||
15 | fine authorized for the offense for which the defendant was | ||||||
16 | sentenced;
| ||||||
17 | (13) contribute a reasonable sum of money, not to | ||||||
18 | exceed the maximum
amount of the fine authorized for the
| ||||||
19 | offense for which the defendant was sentenced, (i) to a | ||||||
20 | "local anti-crime
program", as defined in Section 7 of the | ||||||
21 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
22 | the jurisdiction of the Department of Natural Resources, to | ||||||
23 | the fund established by the Department of Natural Resources | ||||||
24 | for the purchase of evidence for investigation purposes and | ||||||
25 | to conduct investigations as outlined in Section 805-105 of | ||||||
26 | the Department of Natural Resources (Conservation) Law;
|
| |||||||
| |||||||
1 | (14) refrain from entering into a designated | ||||||
2 | geographic area except upon
such terms as the court finds | ||||||
3 | appropriate. Such terms may include
consideration of the | ||||||
4 | purpose of the entry, the time of day, other persons
| ||||||
5 | accompanying the defendant, and advance approval by a
| ||||||
6 | probation officer, if
the defendant has been placed on | ||||||
7 | probation or advance approval by the
court, if the | ||||||
8 | defendant was placed on conditional discharge;
| ||||||
9 | (15) refrain from having any contact, directly or | ||||||
10 | indirectly, with
certain specified persons or particular | ||||||
11 | types of persons, including but not
limited to members of | ||||||
12 | street gangs and drug users or dealers;
| ||||||
13 | (16) refrain from having in his or her body the | ||||||
14 | presence of any illicit
drug prohibited by the Cannabis | ||||||
15 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
16 | Methamphetamine Control and Community Protection Act, | ||||||
17 | unless prescribed by a physician, and submit samples of
his | ||||||
18 | or her blood or urine or both for tests to determine the | ||||||
19 | presence of any
illicit drug;
| ||||||
20 | (17) if convicted for an offense committed on or after | ||||||
21 | June 1, 2008 ( the effective date of Public Act 95-464) this | ||||||
22 | amendatory Act of the 95th General Assembly that would | ||||||
23 | qualify the accused as a child sex offender as defined in | ||||||
24 | Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | ||||||
25 | refrain from communicating with or contacting, by means of | ||||||
26 | the Internet, a person who is related to the accused and |
| |||||||
| |||||||
1 | whom the accused reasonably believes to be under 18 years | ||||||
2 | of age; for purposes of this paragraph (17), "Internet" has | ||||||
3 | the meaning ascribed to it in Section 16J-5 of the Criminal | ||||||
4 | Code of 1961; and a person is related to the accused if the | ||||||
5 | person is: (i) the spouse, brother, or sister of the | ||||||
6 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
7 | second cousin of the accused; or (iv) a step-child or | ||||||
8 | adopted child of the accused; and | ||||||
9 | (18) if convicted for an offense committed on or after | ||||||
10 | June 1, 2009 ( the effective date of Public Act 95-983) this | ||||||
11 | amendatory Act of the 95th General Assembly that would | ||||||
12 | qualify as a sex offense as defined in the Sex Offender | ||||||
13 | Registration Act: | ||||||
14 | (i) not access or use a computer or any other | ||||||
15 | device with Internet capability without the prior | ||||||
16 | written approval of the offender's probation officer, | ||||||
17 | except in connection with the offender's employment or | ||||||
18 | search for employment with the prior approval of the | ||||||
19 | offender's probation officer; | ||||||
20 | (ii) submit to periodic unannounced examinations | ||||||
21 | of the offender's computer or any other device with | ||||||
22 | Internet capability by the offender's probation | ||||||
23 | officer, a law enforcement officer, or assigned | ||||||
24 | computer or information technology specialist, | ||||||
25 | including the retrieval and copying of all data from | ||||||
26 | the computer or device and any internal or external |
| |||||||
| |||||||
1 | peripherals and removal of such information, | ||||||
2 | equipment, or device to conduct a more thorough | ||||||
3 | inspection; | ||||||
4 | (iii) submit to the installation on the offender's | ||||||
5 | computer or device with Internet capability, at the | ||||||
6 | subject's expense, of one or more hardware or software | ||||||
7 | systems to monitor the Internet use; and | ||||||
8 | (iv) submit to any other appropriate restrictions | ||||||
9 | concerning the offender's use of or access to a | ||||||
10 | computer or any other device with Internet capability | ||||||
11 | imposed by the offender's probation officer ; and . | ||||||
12 | (19) refrain from possessing a firearm or other | ||||||
13 | dangerous weapon where the offense is a misdemeanor that | ||||||
14 | did not involve the intentional or knowing infliction of | ||||||
15 | bodily harm or threat of bodily harm. | ||||||
16 | (c) The court may as a condition of probation or of | ||||||
17 | conditional
discharge require that a person under 18 years of | ||||||
18 | age found guilty of any
alcohol, cannabis or controlled | ||||||
19 | substance violation, refrain from acquiring
a driver's license | ||||||
20 | during
the period of probation or conditional discharge. If | ||||||
21 | such person
is in possession of a permit or license, the court | ||||||
22 | may require that
the minor refrain from driving or operating | ||||||
23 | any motor vehicle during the
period of probation or conditional | ||||||
24 | discharge, except as may be necessary in
the course of the | ||||||
25 | minor's lawful employment.
| ||||||
26 | (d) An offender sentenced to probation or to conditional |
| |||||||
| |||||||
1 | discharge
shall be given a certificate setting forth the | ||||||
2 | conditions thereof.
| ||||||
3 | (e) Except where the offender has committed a fourth or | ||||||
4 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
5 | Illinois Vehicle Code,
the court shall not require as a | ||||||
6 | condition of the sentence of
probation or conditional discharge | ||||||
7 | that the offender be committed to a
period of imprisonment in | ||||||
8 | excess of 6 months.
This 6 month limit shall not include | ||||||
9 | periods of confinement given pursuant to
a sentence of county | ||||||
10 | impact incarceration under Section 5-8-1.2.
| ||||||
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 mandatory | ||||||
20 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
21 | on an approved electronic monitoring
device, shall be ordered | ||||||
22 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
23 | testing, or both, and all costs
incidental to such approved | ||||||
24 | electronic monitoring in accordance with the
defendant's | ||||||
25 | ability to pay those costs. The county board with
the | ||||||
26 | concurrence of the Chief Judge of the judicial
circuit in which |
| |||||||
| |||||||
1 | the county is located shall establish reasonable fees for
the | ||||||
2 | cost of maintenance, testing, and incidental expenses related | ||||||
3 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
4 | costs incidental to
approved electronic monitoring, involved | ||||||
5 | in a successful probation program
for the county. The | ||||||
6 | concurrence of the Chief Judge shall be in the form of
an | ||||||
7 | administrative order.
The fees shall be collected by the clerk | ||||||
8 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
9 | all moneys collected from these fees to the county
treasurer | ||||||
10 | who shall use the moneys collected to defray the costs of
drug | ||||||
11 | testing, alcohol testing, and electronic monitoring.
The | ||||||
12 | county treasurer shall deposit the fees collected in the
county | ||||||
13 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
14 | the
Counties Code, as the case may be.
| ||||||
15 | (h) Jurisdiction over an offender may be transferred from | ||||||
16 | the
sentencing court to the court of another circuit with the | ||||||
17 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
18 | jurisdiction are also
authorized in the same manner. The court | ||||||
19 | to which jurisdiction has been
transferred shall have the same | ||||||
20 | powers as the sentencing court.
| ||||||
21 | (i) The court shall impose upon an offender
sentenced to | ||||||
22 | probation after January 1, 1989 or to conditional discharge
| ||||||
23 | after January 1, 1992 or to community service under the | ||||||
24 | supervision of a
probation or court services department after | ||||||
25 | January 1, 2004, as a condition of such probation or | ||||||
26 | conditional
discharge or supervised community service, a fee of |
| |||||||
| |||||||
1 | $50
for each month of probation or
conditional
discharge | ||||||
2 | supervision or supervised community service ordered by the | ||||||
3 | court, unless after
determining the inability of the person | ||||||
4 | sentenced to probation or conditional
discharge or supervised | ||||||
5 | community service to pay the
fee, the court assesses a lesser | ||||||
6 | fee. The court may not impose the fee on a
minor who is made a | ||||||
7 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
8 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
9 | an offender who is actively supervised by the
probation and | ||||||
10 | court services
department. The fee shall be collected by the | ||||||
11 | clerk
of the circuit court. The clerk of the circuit court | ||||||
12 | shall pay all monies
collected from this fee to the county | ||||||
13 | treasurer for deposit in the
probation and court services fund | ||||||
14 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
15 | A circuit court may not impose a probation fee under this | ||||||
16 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
17 | circuit court has adopted, by administrative
order issued by | ||||||
18 | the chief judge, a standard probation fee guide
determining an | ||||||
19 | offender's ability to pay, under guidelines developed by
the | ||||||
20 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
21 | circuit court has authorized, by
administrative order issued by | ||||||
22 | the chief judge, the creation of a Crime
Victim's Services | ||||||
23 | Fund, to be administered by the Chief Judge or his or
her | ||||||
24 | designee, for services to crime victims and their families. Of | ||||||
25 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
26 | collected per month may be used to provide services to crime |
| |||||||
| |||||||
1 | victims
and their families.
| ||||||
2 | This amendatory Act of the 93rd General Assembly deletes | ||||||
3 | the $10 increase in the fee under this subsection that was | ||||||
4 | imposed by Public Act 93-616. This deletion is intended to | ||||||
5 | control over any other Act of the 93rd General Assembly that | ||||||
6 | retains or incorporates that fee increase. | ||||||
7 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
8 | of this Section, in the case of an offender convicted of a | ||||||
9 | felony sex offense (as defined in the Sex Offender Management | ||||||
10 | Board Act) or an offense that the court or probation department | ||||||
11 | has determined to be sexually motivated (as defined in the Sex | ||||||
12 | Offender Management Board Act), the court or the probation | ||||||
13 | department shall assess additional fees to pay for all costs of | ||||||
14 | treatment, assessment, evaluation for risk and treatment, and | ||||||
15 | monitoring the offender, based on that offender's ability to | ||||||
16 | pay those costs either as they occur or under a payment plan. | ||||||
17 | (j) All fines and costs imposed under this Section for any | ||||||
18 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
19 | Code, or a similar
provision of a local ordinance, and any | ||||||
20 | violation of the Child Passenger
Protection Act, or a similar | ||||||
21 | provision of a local ordinance, shall be
collected and | ||||||
22 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (k) Any offender who is sentenced to probation or | ||||||
25 | conditional discharge for a felony sex offense as defined in | ||||||
26 | the Sex Offender Management Board Act or any offense that the |
| |||||||
| |||||||
1 | court or probation department has determined to be sexually | ||||||
2 | motivated as defined in the Sex Offender Management Board Act | ||||||
3 | shall be required to refrain from any contact, directly or | ||||||
4 | indirectly, with any persons specified by the court and shall | ||||||
5 | be available for all evaluations and treatment programs | ||||||
6 | required by the court or the probation department.
| ||||||
7 | (l) The court may order an offender who is sentenced to | ||||||
8 | probation or conditional
discharge for a violation of an order | ||||||
9 | of protection be placed under electronic surveillance as | ||||||
10 | provided in Section 5-8A-7 of this Code. | ||||||
11 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
12 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
13 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. | ||||||
14 | 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised | ||||||
15 | 10-20-08.) | ||||||
16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|