102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3801

 

Introduced 1/21/2022, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-3  from Ch. 38, par. 1005-6-3

    Amends the Unified Code of Corrections. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless the person was sentenced to probation, conditional discharge, or supervision for an offense which had as an element of the offense the presence of an intoxicating compound in the person's body or the person is participating in a Problem-Solving Court certified by the Administrative Office of the Illinois Courts. Provides that for each condition imposed, the court shall state the reasonable relation the condition has to the person's crime of conviction. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act.


LRB102 25686 RLC 35168 b

 

 

A BILL FOR

 

SB3801LRB102 25686 RLC 35168 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-3 as follows:
 
6    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
7    Sec. 5-6-3. Conditions of probation and of conditional
8discharge.
9    (a) The conditions of probation and of conditional
10discharge shall be that the person:
11        (1) not violate any criminal statute of any
12    jurisdiction;
13        (2) report to or appear in person before such person
14    or agency as directed by the court;
15        (3) refrain from possessing a firearm or other
16    dangerous weapon where the offense is a felony or, if a
17    misdemeanor, the offense involved the intentional or
18    knowing infliction of bodily harm or threat of bodily
19    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
15    gang 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 or the Criminal Code of
20    2012 and similar damage to property located within the
21    municipality or county in which the violation occurred.
22    When possible and reasonable, the community service should
23    be performed in the offender's neighborhood. For purposes
24    of this Section, "organized gang" has the meaning ascribed
25    to it in Section 10 of the Illinois Streetgang Terrorism
26    Omnibus Prevention Act. The court may give credit toward

 

 

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1    the fulfillment of community service hours for
2    participation in activities and treatment as determined by
3    court services;
4        (7) if he or she is at least 17 years of age and has
5    been sentenced to probation or conditional discharge for a
6    misdemeanor or felony in a county of 3,000,000 or more
7    inhabitants and has not been previously convicted of a
8    misdemeanor or felony, may be required by the sentencing
9    court to attend educational courses designed to prepare
10    the defendant for a high school diploma and to work toward
11    a high school diploma or to work toward passing high
12    school equivalency testing or to work toward completing a
13    vocational training program approved by the court. The
14    person on probation or conditional discharge must attend a
15    public institution of education to obtain the educational
16    or vocational training required by this paragraph (7). The
17    court shall revoke the probation or conditional discharge
18    of a person who willfully fails to comply with this
19    paragraph (7). The person on probation or conditional
20    discharge shall be required to pay for the cost of the
21    educational courses or high school equivalency testing if
22    a fee is charged for those courses or testing. The court
23    shall resentence the offender whose probation or
24    conditional discharge has been revoked as provided in
25    Section 5-6-4. This paragraph (7) does not apply to a
26    person who has a high school diploma or has successfully

 

 

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1    passed high school equivalency testing. This paragraph (7)
2    does not apply to a person who is determined by the court
3    to be a person with a developmental disability or
4    otherwise mentally incapable of completing the educational
5    or vocational program;
6        (8) if convicted of possession of a substance
7    prohibited by the Cannabis Control Act, the Illinois
8    Controlled Substances Act, or the Methamphetamine Control
9    and Community Protection Act after a previous conviction
10    or disposition of supervision for possession of a
11    substance prohibited by the Cannabis Control Act or
12    Illinois Controlled Substances Act or after a sentence of
13    probation under Section 10 of the Cannabis Control Act,
14    Section 410 of the Illinois Controlled Substances Act, or
15    Section 70 of the Methamphetamine Control and Community
16    Protection Act and upon a finding by the court that the
17    person is addicted, undergo treatment at a substance abuse
18    program approved by the court;
19        (8.5) if convicted of a felony sex offense as defined
20    in the Sex Offender Management Board Act, the person shall
21    undergo and successfully complete sex offender treatment
22    by a treatment provider approved by the Board and
23    conducted in conformance with the standards developed
24    under the Sex Offender Management Board Act;
25        (8.6) if convicted of a sex offense as defined in the
26    Sex Offender Management Board Act, refrain from residing

 

 

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1    at the same address or in the same condominium unit or
2    apartment unit or in the same condominium complex or
3    apartment complex with another person he or she knows or
4    reasonably should know is a convicted sex offender or has
5    been placed on supervision for a sex offense; the
6    provisions of this paragraph do not apply to a person
7    convicted of a sex offense who is placed in a Department of
8    Corrections licensed transitional housing facility for sex
9    offenders;
10        (8.7) if convicted for an offense committed on or
11    after June 1, 2008 (the effective date of Public Act
12    95-464) that would qualify the accused as a child sex
13    offender as defined in Section 11-9.3 or 11-9.4 of the
14    Criminal Code of 1961 or the Criminal Code of 2012,
15    refrain from communicating with or contacting, by means of
16    the Internet, a person who is not related to the accused
17    and whom the accused reasonably believes to be under 18
18    years of age; for purposes of this paragraph (8.7),
19    "Internet" has the meaning ascribed to it in Section
20    16-0.1 of the Criminal Code of 2012; and a person is not
21    related to the accused if the person is not: (i) the
22    spouse, brother, or sister of the accused; (ii) a
23    descendant of the accused; (iii) a first or second cousin
24    of the accused; or (iv) a step-child or adopted child of
25    the accused;
26        (8.8) if convicted for an offense under Section 11-6,

 

 

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1    11-9.1, 11-14.4 that involves soliciting for a juvenile
2    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
3    of the Criminal Code of 1961 or the Criminal Code of 2012,
4    or any attempt to commit any of these offenses, committed
5    on or after June 1, 2009 (the effective date of Public Act
6    95-983):
7            (i) not access or use a computer or any other
8        device with Internet capability without the prior
9        written approval of the offender's probation officer,
10        except in connection with the offender's employment or
11        search for employment with the prior approval of the
12        offender's probation officer;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's probation
16        officer, a law enforcement officer, or assigned
17        computer or information technology specialist,
18        including the retrieval and copying of all data from
19        the computer or device and any internal or external
20        peripherals and removal of such information,
21        equipment, or device to conduct a more thorough
22        inspection;
23            (iii) submit to the installation on the offender's
24        computer or device with Internet capability, at the
25        offender's expense, of one or more hardware or
26        software systems to monitor the Internet use; and

 

 

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1            (iv) submit to any other appropriate restrictions
2        concerning the offender's use of or access to a
3        computer or any other device with Internet capability
4        imposed by the offender's probation officer;
5        (8.9) if convicted of a sex offense as defined in the
6    Sex Offender Registration Act committed on or after
7    January 1, 2010 (the effective date of Public Act 96-262),
8    refrain from accessing or using a social networking
9    website as defined in Section 17-0.5 of the Criminal Code
10    of 2012;
11        (9) if convicted of a felony or of any misdemeanor
12    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
13    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
14    2012 that was determined, pursuant to Section 112A-11.1 of
15    the Code of Criminal Procedure of 1963, to trigger the
16    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
17    at a time and place designated by the court, his or her
18    Firearm Owner's Identification Card and any and all
19    firearms in his or her possession. The Court shall return
20    to the Illinois State Police Firearm Owner's
21    Identification Card Office the person's Firearm Owner's
22    Identification Card;
23        (10) if convicted of a sex offense as defined in
24    subsection (a-5) of Section 3-1-2 of this Code, unless the
25    offender is a parent or guardian of the person under 18
26    years of age present in the home and no non-familial

 

 

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1    minors are present, not participate in a holiday event
2    involving children under 18 years of age, such as
3    distributing candy or other items to children on
4    Halloween, wearing a Santa Claus costume on or preceding
5    Christmas, being employed as a department store Santa
6    Claus, or wearing an Easter Bunny costume on or preceding
7    Easter;
8        (11) if convicted of a sex offense as defined in
9    Section 2 of the Sex Offender Registration Act committed
10    on or after January 1, 2010 (the effective date of Public
11    Act 96-362) that requires the person to register as a sex
12    offender under that Act, may not knowingly use any
13    computer scrub software on any computer that the sex
14    offender uses;
15        (12) if convicted of a violation of the
16    Methamphetamine Control and Community Protection Act, the
17    Methamphetamine Precursor Control Act, or a
18    methamphetamine related offense:
19            (A) prohibited from purchasing, possessing, or
20        having under his or her control any product containing
21        pseudoephedrine unless prescribed by a physician; and
22            (B) prohibited from purchasing, possessing, or
23        having under his or her control any product containing
24        ammonium nitrate; and
25        (13) if convicted of a hate crime involving the
26    protected class identified in subsection (a) of Section

 

 

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1    12-7.1 of the Criminal Code of 2012 that gave rise to the
2    offense the offender committed, perform public or
3    community service of no less than 200 hours and enroll in
4    an educational program discouraging hate crimes that
5    includes racial, ethnic, and cultural sensitivity training
6    ordered by the court.
7    (b) The Court may in addition to other reasonable
8conditions relating to the nature of the offense or the
9rehabilitation of the defendant as determined for each
10defendant in the proper discretion of the Court require that
11the person:
12        (1) serve a term of periodic imprisonment under
13    Article 7 for a period not to exceed that specified in
14    paragraph (d) of Section 5-7-1;
15        (2) pay a fine and costs;
16        (3) work or pursue a course of study or vocational
17    training;
18        (4) undergo medical, psychological or psychiatric
19    treatment; or treatment for drug addiction or alcoholism;
20        (5) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (6) support his dependents;
23        (7) and in addition, if a minor:
24            (i) reside with his parents or in a foster home;
25            (ii) attend school;
26            (iii) attend a non-residential program for youth;

 

 

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1            (iv) contribute to his own support at home or in a
2        foster home;
3            (v) with the consent of the superintendent of the
4        facility, attend an educational program at a facility
5        other than the school in which the offense was
6        committed if he or she is convicted of a crime of
7        violence as defined in Section 2 of the Crime Victims
8        Compensation Act committed in a school, on the real
9        property comprising a school, or within 1,000 feet of
10        the real property comprising a school;
11        (8) make restitution as provided in Section 5-5-6 of
12    this Code;
13        (9) perform some reasonable public or community
14    service;
15        (10) serve a term of home confinement. In addition to
16    any other applicable condition of probation or conditional
17    discharge, the conditions of home confinement shall be
18    that the offender:
19            (i) remain within the interior premises of the
20        place designated for his confinement during the hours
21        designated by the court;
22            (ii) admit any person or agent designated by the
23        court into the offender's place of confinement at any
24        time for purposes of verifying the offender's
25        compliance with the conditions of his confinement; and
26            (iii) if further deemed necessary by the court or

 

 

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1        the Probation or Court Services Department, be placed
2        on an approved electronic monitoring device, subject
3        to Article 8A of Chapter V;
4            (iv) for persons convicted of any alcohol,
5        cannabis or controlled substance violation who are
6        placed on an approved monitoring device as a condition
7        of probation or conditional discharge, the court shall
8        impose a reasonable fee for each day of the use of the
9        device, as established by the county board in
10        subsection (g) of this Section, unless after
11        determining the inability of the offender to pay the
12        fee, the court assesses a lesser fee or no fee as the
13        case may be. This fee shall be imposed in addition to
14        the fees imposed under subsections (g) and (i) of this
15        Section. The fee shall be collected by the clerk of the
16        circuit court, except as provided in an administrative
17        order of the Chief Judge of the circuit court. The
18        clerk of the circuit court shall pay all monies
19        collected from this fee to the county treasurer for
20        deposit in the substance abuse services fund under
21        Section 5-1086.1 of the Counties Code, except as
22        provided in an administrative order of the Chief Judge
23        of the circuit court.
24            The Chief Judge of the circuit court of the county
25        may by administrative order establish a program for
26        electronic monitoring of offenders, in which a vendor

 

 

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1        supplies and monitors the operation of the electronic
2        monitoring device, and collects the fees on behalf of
3        the county. The program shall include provisions for
4        indigent offenders and the collection of unpaid fees.
5        The program shall not unduly burden the offender and
6        shall be subject to review by the Chief Judge.
7            The Chief Judge of the circuit court may suspend
8        any additional charges or fees for late payment,
9        interest, or damage to any device; and
10            (v) for persons convicted of offenses other than
11        those referenced in clause (iv) above and who are
12        placed on an approved monitoring device as a condition
13        of probation or conditional discharge, the court shall
14        impose a reasonable fee for each day of the use of the
15        device, as established by the county board in
16        subsection (g) of this Section, unless after
17        determining the inability of the defendant to pay the
18        fee, the court assesses a lesser fee or no fee as the
19        case may be. This fee shall be imposed in addition to
20        the fees imposed under subsections (g) and (i) of this
21        Section. The fee shall be collected by the clerk of the
22        circuit court, except as provided in an administrative
23        order of the Chief Judge of the circuit court. The
24        clerk of the circuit court shall pay all monies
25        collected from this fee to the county treasurer who
26        shall use the monies collected to defray the costs of

 

 

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1        corrections. The county treasurer shall deposit the
2        fee collected in the probation and court services
3        fund. The Chief Judge of the circuit court of the
4        county may by administrative order establish a program
5        for electronic monitoring of offenders, in which a
6        vendor supplies and monitors the operation of the
7        electronic monitoring device, and collects the fees on
8        behalf of the county. The program shall include
9        provisions for indigent offenders and the collection
10        of unpaid fees. The program shall not unduly burden
11        the offender and shall be subject to review by the
12        Chief Judge.
13            The Chief Judge of the circuit court may suspend
14        any additional charges or fees for late payment,
15        interest, or damage to any device.
16        (11) comply with the terms and conditions of an order
17    of protection issued by the court pursuant to the Illinois
18    Domestic Violence Act of 1986, as now or hereafter
19    amended, or an order of protection issued by the court of
20    another state, tribe, or United States territory. A copy
21    of the order of protection shall be transmitted to the
22    probation officer or agency having responsibility for the
23    case;
24        (12) reimburse any "local anti-crime program" as
25    defined in Section 7 of the Anti-Crime Advisory Council
26    Act for any reasonable expenses incurred by the program on

 

 

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1    the offender's case, not to exceed the maximum amount of
2    the fine authorized for the offense for which the
3    defendant was sentenced;
4        (13) contribute a reasonable sum of money, not to
5    exceed the maximum amount of the fine authorized for the
6    offense for which the defendant was sentenced, (i) to a
7    "local anti-crime program", as defined in Section 7 of the
8    Anti-Crime Advisory Council Act, or (ii) for offenses
9    under the jurisdiction of the Department of Natural
10    Resources, to the fund established by the Department of
11    Natural Resources for the purchase of evidence for
12    investigation purposes and to conduct investigations as
13    outlined in Section 805-105 of the Department of Natural
14    Resources (Conservation) Law;
15        (14) refrain from entering into a designated
16    geographic area except upon such terms as the court finds
17    appropriate. Such terms may include consideration of the
18    purpose of the entry, the time of day, other persons
19    accompanying the defendant, and advance approval by a
20    probation officer, if the defendant has been placed on
21    probation or advance approval by the court, if the
22    defendant was placed on conditional discharge;
23        (15) refrain from having any contact, directly or
24    indirectly, with certain specified persons or particular
25    types of persons, including but not limited to members of
26    street gangs and drug users or dealers;

 

 

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1        (16) refrain from having in his or her body the
2    presence of any illicit drug prohibited by the Cannabis
3    Control Act, the Illinois Controlled Substances Act, or
4    the Methamphetamine Control and Community Protection Act,
5    unless prescribed by a physician, and submit samples of
6    his or her blood or urine or both for tests to determine
7    the presence of any illicit drug;
8        (17) if convicted for an offense committed on or after
9    June 1, 2008 (the effective date of Public Act 95-464)
10    that would qualify the accused as a child sex offender as
11    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
12    of 1961 or the Criminal Code of 2012, refrain from
13    communicating with or contacting, by means of the
14    Internet, a person who is related to the accused and whom
15    the accused reasonably believes to be under 18 years of
16    age; for purposes of this paragraph (17), "Internet" has
17    the meaning ascribed to it in Section 16-0.1 of the
18    Criminal Code of 2012; and a person is related to the
19    accused if the person is: (i) the spouse, brother, or
20    sister of the accused; (ii) a descendant of the accused;
21    (iii) a first or second cousin of the accused; or (iv) a
22    step-child or adopted child of the accused;
23        (18) if convicted for an offense committed on or after
24    June 1, 2009 (the effective date of Public Act 95-983)
25    that would qualify as a sex offense as defined in the Sex
26    Offender Registration Act:

 

 

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1            (i) not access or use a computer or any other
2        device with Internet capability without the prior
3        written approval of the offender's probation officer,
4        except in connection with the offender's employment or
5        search for employment with the prior approval of the
6        offender's probation officer;
7            (ii) submit to periodic unannounced examinations
8        of the offender's computer or any other device with
9        Internet capability by the offender's probation
10        officer, a law enforcement officer, or assigned
11        computer or information technology specialist,
12        including the retrieval and copying of all data from
13        the computer or device and any internal or external
14        peripherals and removal of such information,
15        equipment, or device to conduct a more thorough
16        inspection;
17            (iii) submit to the installation on the offender's
18        computer or device with Internet capability, at the
19        subject's expense, of one or more hardware or software
20        systems to monitor the Internet use; and
21            (iv) submit to any other appropriate restrictions
22        concerning the offender's use of or access to a
23        computer or any other device with Internet capability
24        imposed by the offender's probation officer; and
25        (19) refrain from possessing a firearm or other
26    dangerous weapon where the offense is a misdemeanor that

 

 

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1    did not involve the intentional or knowing infliction of
2    bodily harm or threat of bodily harm.
3    (c) The court may as a condition of probation or of
4conditional discharge require that a person under 18 years of
5age found guilty of any alcohol, cannabis or controlled
6substance violation, refrain from acquiring a driver's license
7during the period of probation or conditional discharge. If
8such person is in possession of a permit or license, the court
9may require that the minor refrain from driving or operating
10any motor vehicle during the period of probation or
11conditional discharge, except as may be necessary in the
12course of the minor's lawful employment.
13    (d) An offender sentenced to probation or to conditional
14discharge shall be given a certificate setting forth the
15conditions thereof.
16    (e) Except where the offender has committed a fourth or
17subsequent violation of subsection (c) of Section 6-303 of the
18Illinois Vehicle Code, the court shall not require as a
19condition of the sentence of probation or conditional
20discharge that the offender be committed to a period of
21imprisonment in excess of 6 months. This 6-month limit shall
22not include periods of confinement given pursuant to a
23sentence of county impact incarceration under Section 5-8-1.2.
24    Persons committed to imprisonment as a condition of
25probation or conditional discharge shall not be committed to
26the Department of Corrections.

 

 

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1    (f) The court may combine a sentence of periodic
2imprisonment under Article 7 or a sentence to a county impact
3incarceration program under Article 8 with a sentence of
4probation or conditional discharge.
5    (g) An offender sentenced to probation or to conditional
6discharge and who during the term of either undergoes
7mandatory drug or alcohol testing, or both, or is assigned to
8be placed on an approved electronic monitoring device, shall
9be ordered to pay all costs incidental to such mandatory drug
10or alcohol testing, or both, and all costs incidental to such
11approved electronic monitoring in accordance with the
12defendant's ability to pay those costs. The county board with
13the concurrence of the Chief Judge of the judicial circuit in
14which the county is located shall establish reasonable fees
15for the cost of maintenance, testing, and incidental expenses
16related to the mandatory drug or alcohol testing, or both, and
17all costs incidental to approved electronic monitoring,
18involved in a successful probation program for the county. The
19concurrence of the Chief Judge shall be in the form of an
20administrative order. The fees shall be collected by the clerk
21of the circuit court, except as provided in an administrative
22order of the Chief Judge of the circuit court. The clerk of the
23circuit court shall pay all moneys collected from these fees
24to the county treasurer who shall use the moneys collected to
25defray the costs of drug testing, alcohol testing, and
26electronic monitoring. The county treasurer shall deposit the

 

 

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1fees collected in the county working cash fund under Section
26-27001 or Section 6-29002 of the Counties Code, as the case
3may be. The Chief Judge of the circuit court of the county may
4by administrative order establish a program for electronic
5monitoring of offenders, in which a vendor supplies and
6monitors the operation of the electronic monitoring device,
7and collects the fees on behalf of the county. The program
8shall include provisions for indigent offenders and the
9collection of unpaid fees. The program shall not unduly burden
10the offender and shall be subject to review by the Chief Judge.
11    The Chief Judge of the circuit court may suspend any
12additional charges or fees for late payment, interest, or
13damage to any device.
14    (h) Jurisdiction over an offender may be transferred from
15the sentencing court to the court of another circuit with the
16concurrence of both courts. Further transfers or retransfers
17of jurisdiction are also authorized in the same manner. The
18court to which jurisdiction has been transferred shall have
19the same powers as the sentencing court. The probation
20department within the circuit to which jurisdiction has been
21transferred, or which has agreed to provide supervision, may
22impose probation fees upon receiving the transferred offender,
23as provided in subsection (i). For all transfer cases, as
24defined in Section 9b of the Probation and Probation Officers
25Act, the probation department from the original sentencing
26court shall retain all probation fees collected prior to the

 

 

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1transfer. After the transfer, all probation fees shall be paid
2to the probation department within the circuit to which
3jurisdiction has been transferred.
4    (i) The court shall impose upon an offender sentenced to
5probation after January 1, 1989 or to conditional discharge
6after January 1, 1992 or to community service under the
7supervision of a probation or court services department after
8January 1, 2004, as a condition of such probation or
9conditional discharge or supervised community service, a fee
10of $50 for each month of probation or conditional discharge
11supervision or supervised community service ordered by the
12court, unless after determining the inability of the person
13sentenced to probation or conditional discharge or supervised
14community service to pay the fee, the court assesses a lesser
15fee. The court may not impose the fee on a minor who is placed
16in the guardianship or custody of the Department of Children
17and Family Services under the Juvenile Court Act of 1987 while
18the minor is in placement. The fee shall be imposed only upon
19an offender who is actively supervised by the probation and
20court services department. The fee shall be collected by the
21clerk of the circuit court. The clerk of the circuit court
22shall pay all monies collected from this fee to the county
23treasurer for deposit in the probation and court services fund
24under Section 15.1 of the Probation and Probation Officers
25Act.
26    A circuit court may not impose a probation fee under this

 

 

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1subsection (i) in excess of $25 per month unless the circuit
2court has adopted, by administrative order issued by the chief
3judge, a standard probation fee guide determining an
4offender's ability to pay. Of the amount collected as a
5probation fee, up to $5 of that fee collected per month may be
6used to provide services to crime victims and their families.
7    The Court may only waive probation fees based on an
8offender's ability to pay. The probation department may
9re-evaluate an offender's ability to pay every 6 months, and,
10with the approval of the Director of Court Services or the
11Chief Probation Officer, adjust the monthly fee amount. An
12offender may elect to pay probation fees due in a lump sum. Any
13offender that has been assigned to the supervision of a
14probation department, or has been transferred either under
15subsection (h) of this Section or under any interstate
16compact, shall be required to pay probation fees to the
17department supervising the offender, based on the offender's
18ability to pay.
19    Public Act 93-970 deletes the $10 increase in the fee
20under this subsection that was imposed by Public Act 93-616.
21This deletion is intended to control over any other Act of the
2293rd General Assembly that retains or incorporates that fee
23increase.
24    (i-5) In addition to the fees imposed under subsection (i)
25of this Section, in the case of an offender convicted of a
26felony sex offense (as defined in the Sex Offender Management

 

 

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1Board Act) or an offense that the court or probation
2department has determined to be sexually motivated (as defined
3in the Sex Offender Management Board Act), the court or the
4probation department shall assess additional fees to pay for
5all costs of treatment, assessment, evaluation for risk and
6treatment, and monitoring the offender, based on that
7offender's ability to pay those costs either as they occur or
8under a payment plan.
9    (j) All fines and costs imposed under this Section for any
10violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
11Code, or a similar provision of a local ordinance, and any
12violation of the Child Passenger Protection Act, or a similar
13provision of a local ordinance, shall be collected and
14disbursed by the circuit clerk as provided under the Criminal
15and Traffic Assessment Act.
16    (k) Any offender who is sentenced to probation or
17conditional discharge for a felony sex offense as defined in
18the Sex Offender Management Board Act or any offense that the
19court or probation department has determined to be sexually
20motivated as defined in the Sex Offender Management Board Act
21shall be required to refrain from any contact, directly or
22indirectly, with any persons specified by the court and shall
23be available for all evaluations and treatment programs
24required by the court or the probation department.
25    (l) The court may order an offender who is sentenced to
26probation or conditional discharge for a violation of an order

 

 

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1of protection be placed under electronic surveillance as
2provided in Section 5-8A-7 of this Code.
3    (m) A person on probation, conditional discharge, or
4supervision shall not be ordered to refrain from having
5cannabis or alcohol in his or her body unless the person was
6sentenced to probation, conditional discharge, or supervision
7for an offense which had as an element of the offense the
8presence of an intoxicating compound in the person's body or
9the person is participating in a Problem-Solving Court
10certified by the Administrative Office of the Illinois Courts.
11For each condition imposed, the court shall state the
12reasonable relation the condition has to the person's crime of
13conviction.
14    (n) A person on probation, conditional discharge, or
15supervision shall not be ordered to refrain from use or
16consumption of any substance lawfully prescribed by a medical
17provider or authorized by the Compassionate Use of Medical
18Cannabis Program Act.
19(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)