093_HB3556eng

 
HB3556 Engrossed                     LRB093 10381 AMC 10635 b

 1        AN ACT in relation to sex offenders.

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

 4        Section 5.  The Sex  Offender  Management  Board  Act  is
 5    amended  by  changing  Sections 10 and 15 and adding Sections
 6    16, 17, and 18 as follows:

 7        (20 ILCS 4026/10)
 8        Sec. 10.  Definitions.  In this Act, unless  the  context
 9    otherwise requires:
10        (a)  "Board"  means  the  Sex  Offender  Management Board
11    created in Section 15.
12        (b)  "Sex offender" means any person who is convicted  or
13    found  delinquent  in  the  State  of  Illinois, or under any
14    substantially similar federal law or law of another state, of
15    any sex offense or attempt of a sex  offense  as  defined  in
16    subsection (c) of this Section, or any former statute of this
17    State  that  defined  a  felony  sex offense, or who has been
18    certified as a sexually dangerous person under  the  Sexually
19    Dangerous  Persons  Act or declared a sexually violent person
20    under the Sexually Violent Persons  Commitment  Act,  or  any
21    substantially similar federal law or law of another state.
22        (c)  "Sex   offense"  means  any  felony  or  misdemeanor
23    offense described in this subsection (c) as follows:
24             (1)  Indecent solicitation of a child, in  violation
25        of Section 11-6 of the Criminal Code of 1961;
26             (2)  Indecent solicitation of an adult, in violation
27        of Section 11-6.5 of the Criminal Code of 1961;
28             (3)  Public  indecency, in violation of Section 11-9
29        of the Criminal Code of 1961;
30             (4)  Sexual exploitation of a child, in violation of
31        Section 11-9.1 of the Criminal Code of 1961;
 
HB3556 Engrossed            -2-      LRB093 10381 AMC 10635 b
 1             (5)  Sexual relations within families, in  violation
 2        of Section 11-11 of the Criminal Code of 1961;
 3             (6)  Soliciting   for   a  juvenile  prostitute,  in
 4        violation of Section 11-15.1  of  the  Criminal  Code  of
 5        1961;
 6             (7)  Keeping  a  place  of juvenile prostitution, in
 7        violation of Section 11-17.1  of  the  Criminal  Code  of
 8        1961;
 9             (8)  Patronizing a juvenile prostitute, in violation
10        of Section 11-18.1 of the Criminal Code of 1961;
11             (9)  Juvenile   pimping,  in  violation  of  Section
12        11-19.1 of the Criminal Code of 1961;
13             (10)  Exploitation  of  a  child,  in  violation  of
14        Section 11-19.2 of the Criminal Code of 1961;
15             (11)  Child pornography,  in  violation  of  Section
16        11-20.1 of the Criminal Code of 1961;
17             (12)  Harmful  material,  in  violation  of  Section
18        11-21 of the Criminal Code of 1961;
19             (13)  Criminal   sexual  assault,  in  violation  of
20        Section 12-13 of the Criminal Code of 1961;
21             (14)  Aggravated   criminal   sexual   assault,   in
22        violation of Section 12-14 of the Criminal Code of 1961;
23             (15)  Predatory criminal sexual assault of a  child,
24        in  violation  of Section 12-14.1 of the Criminal Code of
25        1961;
26             (16)  Criminal sexual abuse, in violation of Section
27        12-15 of the Criminal Code of 1961;
28             (17)  Aggravated criminal sexual abuse, in violation
29        of Section 12-16 of the Criminal Code of 1961;
30             (18)  Ritualized abuse of a child, in  violation  of
31        Section 12-33 of the Criminal Code of 1961;
32             (19)  An  attempt  to  commit  any  of  the offenses
33        enumerated in this subsection (c); or.
34             (20)  Any felony offense under Illinois law that  is
 
HB3556 Engrossed            -3-      LRB093 10381 AMC 10635 b
 1        sexually motivated.
 2        (d)  "Management"   means   counseling,  monitoring,  and
 3    supervision  of  any  sex  offender  that  conforms  to   the
 4    standards created by the Board under Section 15.
 5        (e)  "Sexually  motivated" means one or more of the facts
 6    of the underlying offense indicates  conduct  that  is  of  a
 7    sexual  nature  or that shows an intent to engage in behavior
 8    of a sexual nature.
 9    (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)

10        (20 ILCS 4026/15)
11        Sec.  15.  Sex  Offender  Management   Board;   creation;
12    duties.
13        (a)  There  is created the Sex Offender Management Board,
14    which shall consist of 24 20 members.  The membership of  the
15    Board shall consist of the following persons:
16             (1)  Two   members   appointed   by   the   Governor
17        representing  the  judiciary,  one  representing juvenile
18        court matters and one representing adult  criminal  court
19        matters;
20             (2)  One    member   appointed   by   the   Governor
21        representing Probation Services;
22             (3)  One   member   appointed   by   the    Governor
23        representing the Department of Corrections;
24             (4)  One    member   appointed   by   the   Governor
25        representing the Department of Human Services;
26             (5)  One   member   appointed   by   the    Governor
27        representing the Illinois State Police;
28             (6)  One    member   appointed   by   the   Governor
29        representing  the  Department  of  Children  and   Family
30        Services;
31             (7)  One  member  appointed  by the Attorney General
32        representing the Office of the Attorney General;
33             (8)  Two members appointed by the  Attorney  General
 
HB3556 Engrossed            -4-      LRB093 10381 AMC 10635 b
 1        who   are   licensed  mental  health  professionals  with
 2        documented expertise in the treatment of sex offenders;
 3             (9)  Two members appointed by the  Attorney  General
 4        who are State's Attorneys or assistant State's Attorneys,
 5        one   representing   juvenile   court   matters  and  one
 6        representing felony court matters;
 7             (10)  One  member  being  the  Cook  County  State's
 8        Attorney or his or her designee;
 9             (11)  One member being the Director of  the  State's
10        Attorneys Appellate Prosecutor or his or her designee;
11             (12)  One   member  being  the  Cook  County  Public
12        Defender or his or her designee;
13             (13)  Two members appointed by the Governor who  are
14        representatives  of law enforcement, one juvenile officer
15        and one sex crime investigator;
16             (14)  Two members appointed by the Attorney  General
17        who are recognized experts in the field of sexual assault
18        and who can represent sexual assault victims and victims'
19        rights organizations; and
20             (15)  One  member being the State Appellate Defender
21        or his or her designee;.
22             (16)  One member being the President of the Illinois
23        Polygraph Society or his or her designee;
24             (17)  One member being the Executive Director of the
25        Criminal Justice Information  Authority  or  his  or  her
26        designee;
27             (18)  One member being the President of the Illinois
28        Chapter  of  the  Association for the Treatment of Sexual
29        Abusers or his or her designee; and
30             (19)  One member representing the Illinois Principal
31        Association.
32        (b)  The Governor and the Attorney General shall  appoint
33    a  presiding  officer  for  the  Board  from  among the board
34    members appointed under subsection (a) of this Section, which
 
HB3556 Engrossed            -5-      LRB093 10381 AMC 10635 b
 1    presiding officer shall serve at the pleasure of the Governor
 2    and the Attorney General.
 3        (c)  Each  member  of   the   Board   shall   demonstrate
 4    substantial  expertise  and experience in the field of sexual
 5    assault.
 6        (d)  (1)  Any member of the Board created  in  subsection
 7    (a)  of  this  Section  who is appointed under paragraphs (1)
 8    through (7) of subsection (a) of this Section shall serve  at
 9    the pleasure of the official who appointed that member, for a
10    term  of  5  years and may be reappointed.  The members shall
11    serve without additional compensation.
12        (2)  Any member of the Board created in subsection (a) of
13    this Section who is appointed under  paragraphs  (8)  through
14    (14) of subsection (a) of this Section shall serve for a term
15    of  5  years and may be reappointed.  The members shall serve
16    without compensation.
17        (3)  The travel costs associated with membership  on  the
18    Board  created  in  subsection  (a)  of  this Section will be
19    reimbursed subject to availability of funds.
20        (e)  The first meeting of this Board shall be held within
21    45 days of the effective date of this Act.
22        (f)  The Board shall carry out the following duties:
23             (1)  Not later than December  31,  2001,  the  Board
24        shall   develop   and   prescribe  separate  standardized
25        procedures for the evaluation and identification  of  the
26        offender  and  recommend behavior management, monitoring,
27        and treatment counseling based upon  the  knowledge  that
28        sex  offenders are extremely habituated and that there is
29        no known cure for the propensity  to  commit  sex  abuse.
30        The Board shall develop and implement measures of success
31        based  upon a no-cure policy for intervention.  The Board
32        shall develop and implement methods of  intervention  for
33        sex  offenders  which have as a priority the physical and
34        psychological safety of victims and potential victims and
 
HB3556 Engrossed            -6-      LRB093 10381 AMC 10635 b
 1        which are appropriate to  the  needs  of  the  particular
 2        offender,  so long as there is no reduction of the safety
 3        of victims and potential victims.
 4             (2)  Not later than December  31,  2001,  the  Board
 5        shall  develop  separate  guidelines  and standards for a
 6        system of  programs  for  the  evaluation  and  treatment
 7        counseling of both juvenile and adult sex offenders which
 8        shall  can  be  utilized  by  offenders who are placed on
 9        probation, committed to the Department of Corrections  or
10        Department  of  Human  Services,  or  placed on mandatory
11        supervised release or  parole.   The  programs  developed
12        under this paragraph (f) shall be as flexible as possible
13        so  that the programs may be utilized by each offender to
14        prevent the offender from harming victims  and  potential
15        victims.   The  programs  shall  be  structured in such a
16        manner that the programs provide a continuing  monitoring
17        process as well as a continuum of counseling programs for
18        each  offender  as  that  offender  proceeds  through the
19        justice system.  Also, the programs shall be developed in
20        such a manner that, to the extent possible, the  programs
21        may be accessed by all offenders in the justice system.
22             (3)  There   is   established   the   Sex   Offender
23        Management  Board  Fund  in the State Treasury into which
24        funds received from public or private  sources  shall  be
25        deposited,  and from which funds shall be appropriated to
26        the  Sex  Offender  Management  Board  for  planning  and
27        research.
28             (4)  The Board shall develop and prescribe a plan to
29        research and analyze the effectiveness of the evaluation,
30        identification, and counseling  procedures  and  programs
31        developed  under  this Act.  The Board shall also develop
32        and  prescribe  a  system  for  implementation   of   the
33        guidelines and standards developed under paragraph (2) of
34        this  subsection  (f) and for tracking offenders who have
 
HB3556 Engrossed            -7-      LRB093 10381 AMC 10635 b
 1        been  subjected  to   evaluation,   identification,   and
 2        treatment  counseling  under  this Act.  In addition, the
 3        Board shall develop  a  system  for  monitoring  offender
 4        behaviors and offender adherence to prescribed behavioral
 5        changes.    The  results  of  the tracking and behavioral
 6        monitoring shall be a part of  any  analysis  made  under
 7        this paragraph (4).
 8        (g)  The  Board  may promulgate rules as are necessary to
 9    carry out the duties of the Board.
10        (h)  The Board and the individual members  of  the  Board
11    shall   be  immune  from  any  liability,  whether  civil  or
12    criminal, for the good faith performance of the duties of the
13    Board as specified in this Section.
14    (Source: P.A. 90-133, eff.  7-22-97;  90-793,  eff.  8-14-98;
15    91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)

16        (20 ILCS 4026/16 new)
17        Sec.  16.  Sex  offender  evaluation  and  identification
18    required.
19        (a)  Beginning  on  the effective date of this amendatory
20    Act of the 93rd General Assembly, each sex offender who is to
21    be considered for probation shall be required as part of  the
22    pre-sentence   or   social  investigation  to  submit  to  an
23    evaluation  for  treatment,  an  evaluation  for  risk,   and
24    procedures  for monitoring of behavior to protect victims and
25    potential  victims  developed  pursuant  to   item   (1)   of
26    subsection (f) of Section 15 of this Act.
27        (b)  The  evaluation  required  by subsection (a) of this
28    Section shall be by an evaluator approved by the Sex Offender
29    Management Board and shall be at the expense  of  the  person
30    evaluated,  based  upon that person's ability to pay for such
31    treatment.

32        (20 ILCS 4026/17 new)
 
HB3556 Engrossed            -8-      LRB093 10381 AMC 10635 b
 1        Sec. 17.  Sentencing of sex  offenders;  treatment  based
 2    upon evaluation and identification required.
 3        (a)  Each  sex  offender sentenced by the court for a sex
 4    offense shall be required  as  a  part  of  any  sentence  to
 5    probation,  conditional  release, or periodic imprisonment to
 6    undergo treatment  based  upon  the  recommendations  of  the
 7    evaluation  made  pursuant  to  Section  16 or based upon any
 8    subsequent recommendations by the  Administrative  Office  of
 9    the  Illinois  Courts  or  the  county  probation department,
10    whichever is appropriate.  Any such treatment and  monitoring
11    shall be at a facility or with a person approved by the Board
12    and  at such offender's own expense based upon the offender's
13    ability to pay for such treatment.
14        (b)  Beginning on the effective date of  this  amendatory
15    Act of the 93rd General Assembly, each sex offender placed on
16    parole or mandatory supervised release by the Prisoner Review
17    Board  shall  be required as a condition of parole to undergo
18    treatment   based   upon   any   evaluation   or   subsequent
19    reevaluation regarding such offender  during  the  offender's
20    incarceration  or  any  period of parole.  Any such treatment
21    shall be by an individual approved by the Board  and  at  the
22    offender's  expense  based upon the offender's ability to pay
23    for such treatment.

24        (20 ILCS 4026/18 new)
25        Sec.   18.  Sex   offender   treatment   contracts   with
26    providers.  The county  probation  department,  the  Illinois
27    Department   of  Corrections,  or  the  Department  of  Human
28    Services shall not employ or  contract  with  and  shall  not
29    allow   a  sex  offender  to  employ  or  contract  with  any
30    individual or entity  to provide sex offender  evaluation  or
31    treatment  services  pursuant  to  this  Act  unless  the sex
32    offender evaluation or treatment services provided are by  an
33    individual  approved  by  the  Board  pursuant to item (2) of
 
HB3556 Engrossed            -9-      LRB093 10381 AMC 10635 b
 1    subsection (f) of Section 15 of this Act.

 2        Section 10.  The Juvenile Court Act of 1987 is amended by
 3    changing Sections 5-701 and 5-715 as follows:

 4        (705 ILCS 405/5-701)
 5        Sec. 5-701.  Social investigation report. Upon the  order
 6    of the court, a social investigation report shall be prepared
 7    and  delivered  to  the  parties at least 3 days prior to the
 8    sentencing   hearing.    The   written   report   of   social
 9    investigation shall include an investigation  and  report  of
10    the minor's physical and mental history and condition, family
11    situation   and   background,   economic  status,  education,
12    occupation, personal habits, minor's history  of  delinquency
13    or  criminality  or  other matters which have been brought to
14    the  attention  of  the  juvenile  court,  information  about
15    special resources known to the person  preparing  the  report
16    which   might   be   available   to  assist  in  the  minor's
17    rehabilitation, and any other matters which may be helpful to
18    the court or which the court directs to be included.
19        Any minor found to be guilty of a sex offense as  defined
20    by the Sex Offender Management Board Act shall be required as
21    part  of the social investigation to submit to a sex offender
22    evaluation.  The evaluation shall be performed in conformance
23    with  the  standards  developed  under   the   Sex   Offender
24    Management  Board  Act  and  by  an evaluator approved by the
25    Board.
26    (Source: P.A. 90-590, eff. 1-1-99.)

27        (705 ILCS 405/5-715)
28        Sec. 5-715.  Probation.
29        (1)  The period of  probation  or  conditional  discharge
30    shall  not exceed 5 years or until the minor has attained the
31    age of 21 years, whichever is less,  except  as  provided  in
 
HB3556 Engrossed            -10-     LRB093 10381 AMC 10635 b
 1    this  Section  for  a  minor who is found to be guilty for an
 2    offense which is first degree murder, a Class X felony  or  a
 3    forcible  felony.  The juvenile court may terminate probation
 4    or conditional discharge and discharge the minor at any  time
 5    if  warranted  by  the  conduct  of the minor and the ends of
 6    justice;  provided, however, that the period of probation for
 7    a minor who is found to be guilty for  an  offense  which  is
 8    first  degree  murder, a Class X felony, or a forcible felony
 9    shall be at least 5 years.
10        (2)  The court may as a  condition  of  probation  or  of
11    conditional discharge require that the minor:
12             (a)  not   violate   any  criminal  statute  of  any
13        jurisdiction;
14             (b)  make a report to and appear  in  person  before
15        any person or agency as directed by the court;
16             (c)  work  or pursue a course of study or vocational
17        training;
18             (d)  undergo  medical  or   psychiatric   treatment,
19        rendered  by  a  psychiatrist  or psychological treatment
20        rendered  by  a  clinical  psychologist  or  social  work
21        services  rendered  by  a  clinical  social  worker,   or
22        treatment for drug addiction or alcoholism;
23             (e)  attend  or reside in a facility established for
24        the instruction or residence of persons on probation;
25             (f)  support his or her dependents, if any;
26             (g)  refrain from  possessing  a  firearm  or  other
27        dangerous weapon, or an automobile;
28             (h)  permit  the  probation  officer to visit him or
29        her at his or her home or elsewhere;
30             (i)  reside with his or her parents or in  a  foster
31        home;
32             (j)  attend school;
33             (j-5)  with the consent of the superintendent of the
34        facility,  attend  an  educational  program at a facility
 
HB3556 Engrossed            -11-     LRB093 10381 AMC 10635 b
 1        other than the school in which the offense was  committed
 2        if  he or she committed a crime of violence as defined in
 3        Section 2 of the Crime  Victims  Compensation  Act  in  a
 4        school,  on  the  real  property  comprising a school, or
 5        within 1,000 feet  of  the  real  property  comprising  a
 6        school;
 7             (k)  attend a non-residential program for youth;
 8             (l)  make  restitution under the terms of subsection
 9        (4) of Section 5-710;
10             (m)  contribute to his or her own support at home or
11        in a foster home;
12             (n)  perform some  reasonable  public  or  community
13        service;
14             (o)  participate with community corrections programs
15        including   unified   delinquency  intervention  services
16        administered by the Department of Human Services  subject
17        to Section 5 of the Children and Family Services Act;
18             (p)  pay costs;
19             (q)  serve  a term of home confinement.  In addition
20        to  any  other  applicable  condition  of  probation   or
21        conditional discharge, the conditions of home confinement
22        shall be that the minor:
23                  (i)  remain within the interior premises of the
24             place  designated  for his or her confinement during
25             the hours designated by the court;
26                  (ii)  admit any person or agent  designated  by
27             the  court  into the minor's place of confinement at
28             any time  for  purposes  of  verifying  the  minor's
29             compliance   with  the  conditions  of  his  or  her
30             confinement;  and
31                  (iii)  use an  approved  electronic  monitoring
32             device if ordered by the court subject to Article 8A
33             of Chapter V of the Unified Code of Corrections;
34             (r)  refrain   from   entering   into  a  designated
 
HB3556 Engrossed            -12-     LRB093 10381 AMC 10635 b
 1        geographic area except upon  terms  as  the  court  finds
 2        appropriate.   The terms may include consideration of the
 3        purpose of the entry, the  time  of  day,  other  persons
 4        accompanying   the  minor,  and  advance  approval  by  a
 5        probation officer,  if  the  minor  has  been  placed  on
 6        probation, or advance approval by the court, if the minor
 7        has been placed on conditional discharge;
 8             (s)  refrain  from  having  any contact, directly or
 9        indirectly, with certain specified persons or  particular
10        types of persons, including but not limited to members of
11        street gangs and drug users or dealers;
12             (s-5)  undergo  a medical or other procedure to have
13        a tattoo symbolizing allegiance to a street gang  removed
14        from his or her body;
15             (t)  refrain  from  having  in  his  or her body the
16        presence of any illicit drug prohibited by  the  Cannabis
17        Control  Act  or  the Illinois Controlled Substances Act,
18        unless  prescribed  by  a  physician,  and  shall  submit
19        samples of his or her blood or urine or both for tests to
20        determine the presence of any illicit drug; or
21             (u)  comply with other conditions as may be  ordered
22        by the court.
23        (3)  The  court  may  as  a  condition of probation or of
24    conditional discharge require that a minor  found  guilty  on
25    any  alcohol,  cannabis,  or  controlled substance violation,
26    refrain from acquiring a driver's license during  the  period
27    of  probation  or  conditional discharge.  If the minor is in
28    possession of a permit or license, the court may require that
29    the minor refrain from driving or operating any motor vehicle
30    during the period  of  probation  or  conditional  discharge,
31    except  as  may  be  necessary  in  the course of the minor's
32    lawful employment.
33        (3.5)  The court shall, as a condition of probation or of
34    conditional discharge, require  that  a  minor  found  to  be
 
HB3556 Engrossed            -13-     LRB093 10381 AMC 10635 b
 1    guilty  and  placed  on  probation for reasons that include a
 2    violation of Section 3.02 or Section 3.03 of the Humane  Care
 3    for Animals Act or paragraph (d) of subsection (1) of Section
 4    21-1  of  the  Criminal  Code  of  1961  undergo  medical  or
 5    psychiatric   treatment   rendered   by   a  psychiatrist  or
 6    psychological treatment rendered by a clinical  psychologist.
 7    The condition may be in addition to any other condition.
 8        (3.10)  The  court  shall  order  that  a minor placed on
 9    probation or conditional  discharge  for  a  sex  offense  as
10    defined  in the Sex Offender Management Board Act undergo and
11    successfully complete sex offender treatment.  The  treatment
12    shall  be  in  conformance with the standards developed under
13    the Sex Offender Management Board Act   and  conducted  by  a
14    treatment  provider  approved  by  the  Board.  The treatment
15    shall be at the expense of the person  evaluated  based  upon
16    that person's ability to pay for the treatment.
17        (4)  A  minor on probation or conditional discharge shall
18    be given a certificate  setting  forth  the  conditions  upon
19    which he or she is being released.
20        (5)  The  court  shall  impose  upon  a  minor  placed on
21    probation or conditional discharge, as  a  condition  of  the
22    probation  or  conditional  discharge,  a fee of $25 for each
23    month  of  probation  or  conditional  discharge  supervision
24    ordered by the court, unless after determining the  inability
25    of  the minor placed on probation or conditional discharge to
26    pay the fee, the court assesses a lesser amount.   The  court
27    may  not  impose the fee on a minor who is made a ward of the
28    State under this Act while the minor is  in  placement.   The
29    fee  shall  be  imposed  only  upon  a  minor who is actively
30    supervised by the probation and  court  services  department.
31    The  court may order the parent, guardian, or legal custodian
32    of the minor to pay some or all of the  fee  on  the  minor's
33    behalf.
34        (6)  The  General Assembly finds that in order to protect
 
HB3556 Engrossed            -14-     LRB093 10381 AMC 10635 b
 1    the  public,  the  juvenile  justice   system   must   compel
 2    compliance  with the conditions of probation by responding to
 3    violations with swift,  certain,  and  fair  punishments  and
 4    intermediate  sanctions.   The  Chief  Judge  of each circuit
 5    shall adopt a system of  structured,  intermediate  sanctions
 6    for  violations  of the terms and conditions of a sentence of
 7    supervision, probation or conditional discharge,  under  this
 8    Act.
 9        The  court  shall provide as a condition of a disposition
10    of probation, conditional discharge, or supervision, that the
11    probation agency may invoke any sanction  from  the  list  of
12    intermediate  sanctions  adopted  by  the  chief judge of the
13    circuit court for violations of the terms and  conditions  of
14    the   sentence   of   probation,  conditional  discharge,  or
15    supervision, subject to the provisions of  Section  5-720  of
16    this Act.
17    (Source:  P.A.  91-98,  eff.  1-1-00;  92-282,  eff.  8-7-01;
18    92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)

19        Section   15.   The  Sexually  Dangerous  Persons  Act is
20    amended by changing Section 8 as follows:

21        (725 ILCS 205/8) (from Ch. 38, par. 105-8)
22        Sec. 8.  If the respondent is  found  to  be  a  sexually
23    dangerous person then the court shall appoint the Director of
24    Corrections  guardian  of  the  person  found  to be sexually
25    dangerous and  such  person  shall  stand  committed  to  the
26    custody  of  such  guardian.  The  Director of Corrections as
27    guardian shall keep safely the person so committed until  the
28    person has recovered and is released as hereinafter provided.
29    The  Director  of  Corrections as guardian shall provide care
30    and treatment for the person committed  to  him  designed  to
31    effect  recovery.  Any  treatment provided under this Section
32    shall be in conformance with the standards promulgated by the
 
HB3556 Engrossed            -15-     LRB093 10381 AMC 10635 b
 1    Sex Offender Management Board and conducted  by  a  treatment
 2    provider  approved  by the Board. The Director may place that
 3    ward in any facility in  the  Department  of  Corrections  or
 4    portion  thereof  set  aside  for  the  care and treatment of
 5    sexually dangerous persons. The Department of Corrections may
 6    also request another state Department or  Agency  to  examine
 7    such  person and upon such request, such Department or Agency
 8    shall make such examination and the Department of Corrections
 9    may, with the consent of the chief executive officer of  such
10    other  Department  or  Agency, thereupon place such person in
11    the care and treatment of such other Department or Agency.
12    (Source: P.A. 92-786, eff. 8-6-02.)

13        Section  20.  The Sexually Violent Persons Commitment Act
14    is amended by changing Sections 10, 25, 30, 40, 55,  60,  and
15    65 as follows:

16        (725 ILCS 207/10)
17        Sec.  10.   Notice  to  the  Attorney General and State's
18    Attorney.
19        (a)  In this Act, "agency with  jurisdiction"  means  the
20    agency with the authority or duty to release or discharge the
21    person.
22        (b)  If  an  agency  with  jurisdiction  has  control  or
23    custody   over  a  person  who  may  meet  the  criteria  for
24    commitment as a sexually  violent  person,  the  agency  with
25    jurisdiction  shall  inform  the  Attorney  General  and  the
26    State's  Attorney  in  a  position  to  file a petition under
27    paragraph (a)(2) of Section 15  of  this  Act  regarding  the
28    person  as  soon  as possible beginning 3 months prior to the
29    applicable date of the following:
30             (1)  The anticipated release  from  imprisonment  or
31        the  anticipated  entry into mandatory supervised release
32        of a person who has been convicted of a sexually  violent
 
HB3556 Engrossed            -16-     LRB093 10381 AMC 10635 b
 1        offense.
 2             (2)  The  anticipated  release  from a Department of
 3        Corrections    correctional    facility    or    juvenile
 4        correctional facility of a person adjudicated  delinquent
 5        under Section 5-20 of the Juvenile Court Act of 1987 (now
 6        repealed)  or  found  guilty  under Section 5-620 of that
 7        Act, on the basis of a sexually violent offense.
 8             (3)  The  discharge  or  conditional  release  of  a
 9        person who has  been  found  not  guilty  of  a  sexually
10        violent offense by reason of insanity under Section 5-2-4
11        of the Unified Code of Corrections.
12        (c)  The  agency  with  jurisdiction  shall  provide  the
13    Attorney  General  and  the  State's Attorney with all of the
14    following:
15             (1)  The   person's   name,   identifying   factors,
16        anticipated future residence and offense history;
17             (2)  A  comprehensive  evaluation  of  the  person's
18        mental condition, the basis upon  which  a  determination
19        has  been  made  that the person is subject to commitment
20        under subsection (b) of Section 15  of  this  Act  and  a
21        recommendation  for action in furtherance of the purposes
22        of this  Act.   The  evaluation  shall  be  conducted  in
23        conformance  with  the  standards developed under the Sex
24        Offender  Management  Board  Act  and  by  an   evaluator
25        approved by the Board; and
26             (3)  If  applicable,  documentation of any treatment
27        and  the  person's  adjustment   to   any   institutional
28        placement.
29        (d)  Any  agency  or  officer,  employee  or  agent of an
30    agency is immune from criminal or  civil  liability  for  any
31    acts  or  omissions  as  the result of a good faith effort to
32    comply with this Section.
33    (Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
34    91-357, eff. 7-29-99.)
 
HB3556 Engrossed            -17-     LRB093 10381 AMC 10635 b
 1        (725 ILCS 207/25)
 2        Sec. 25.  Rights of persons subject to petition.
 3        (a)  Any  person  who  is the subject of a petition filed
 4    under Section 15 of this Act shall be served with a  copy  of
 5    the petition in accordance with the Civil Practice Law.
 6        (b)  The  circuit court in which a petition under Section
 7    15 of this Act is filed shall conduct all hearings under this
 8    Act.   The court shall give the person who is the subject  of
 9    the  petition reasonable notice of the time and place of each
10    such hearing.  The court may designate additional persons  to
11    receive these notices.
12        (c)  Except as provided in paragraph (b)(1) of Section 65
13    and  Section  70  of this Act, at any hearing conducted under
14    this Act, the person who is the subject of the  petition  has
15    the right to:
16             (1)  To be present and to be represented by counsel.
17        If  the  person  is  indigent,  the  court  shall appoint
18        counsel.
19             (2)  Remain silent.
20             (3)  Present and cross-examine witnesses.
21             (4)  Have the hearing recorded by a court reporter.
22        (d)  The person who is the subject of the  petition,  the
23    person's  attorney,  the  Attorney  General  or  the  State's
24    Attorney  may  request  that a trial under Section 35 of this
25    Act be to a jury.  A verdict of a jury under this Act is  not
26    valid unless it is unanimous.
27        (e)  Whenever  the  person  who  is  the  subject  of the
28    petition is required to submit to an examination  under  this
29    Act,  he or she may retain experts or professional persons to
30    perform an examination.  The  respondent's  chosen  evaluator
31    must be approved by the Sex Offender Management Board and the
32    evaluation   must   be  conducted  in  conformance  with  the
33    standards developed under the Sex Offender  Management  Board
34    Act.      If   the  person  retains  a  qualified  expert  or
 
HB3556 Engrossed            -18-     LRB093 10381 AMC 10635 b
 1    professional person of his or her own choice  to  conduct  an
 2    examination, the examiner shall have reasonable access to the
 3    person  for the purpose of the examination, as well as to the
 4    person's past  and  present  treatment  records  and  patient
 5    health  care  records.   If the person is indigent, the court
 6    shall, upon the person's request,  appoint  a  qualified  and
 7    available   expert  or  professional  person  to  perform  an
 8    examination.  Upon the order of the circuit court, the county
 9    shall pay, as part of the costs of the action, the costs of a
10    court-appointed expert or professional person to  perform  an
11    examination  and  participate  in  the  trial on behalf of an
12    indigent person.
13    (Source: P.A. 90-40, eff. 1-1-98.)

14        (725 ILCS 207/30)
15        Sec. 30.  Detention; probable cause hearing; transfer for
16    examination.
17        (a)  Upon the filing of a petition under  Section  15  of
18    this  Act,  the  court shall review the petition to determine
19    whether to issue an order for detention of the person who  is
20    the  subject  of  the petition.  The person shall be detained
21    only if there is cause to believe that the person is eligible
22    for commitment under subsection (f) of  Section  35  of  this
23    Act.  A person detained under this Section shall be held in a
24    facility  approved  by  the  Department.   If  the  person is
25    serving a sentence of imprisonment, is  in  a  Department  of
26    Corrections  correctional  facility  or juvenile correctional
27    facility or is committed to institutional care, and the court
28    orders detention under this Section, the  court  shall  order
29    that  the  person  be  transferred  to  a  detention facility
30    approved by the Department.  A  detention  order  under  this
31    Section  remains  in  effect  until  the person is discharged
32    after a trial under Section 35  of  this  Act  or  until  the
33    effective date of a commitment order under Section 40 of this
 
HB3556 Engrossed            -19-     LRB093 10381 AMC 10635 b
 1    Act, whichever is applicable.
 2        (b)  Whenever  a  petition  is  filed under Section 15 of
 3    this Act, the court shall hold a hearing to determine whether
 4    there is probable cause to believe that the person  named  in
 5    the  petition  is  a  sexually violent person.  If the person
 6    named in the petition is in custody, the court shall hold the
 7    probable cause hearing within 72 hours after the petition  is
 8    filed,  excluding Saturdays, Sundays and legal holidays.  The
 9    court may grant a continuance of the probable  cause  hearing
10    for  no  more  than  7 additional days upon the motion of the
11    respondent, for good cause.   If  the  person  named  in  the
12    petition  has  been  released,  is on parole, is on mandatory
13    supervised release, or otherwise is not in custody, the court
14    shall hold the probable cause  hearing  within  a  reasonable
15    time  after the filing of the petition. At the probable cause
16    hearing, the court shall  admit  and  consider  all  relevant
17    hearsay evidence.
18        (c)  If  the  court determines after a hearing that there
19    is probable cause to believe that the  person  named  in  the
20    petition  is a sexually violent person, the court shall order
21    that the person be taken into custody if he or she is not  in
22    custody and shall order the person to be transferred within a
23    reasonable  time to an appropriate facility for an evaluation
24    as to whether the person is a sexually violent person. If the
25    person who is named in the  petition  refuses  to  speak  to,
26    communicate  with,  or  otherwise fails to cooperate with the
27    examining evaluator from the Department of Human Services  or
28    the Department of Corrections, that person may only introduce
29    evidence and testimony from any expert or professional person
30    who  is retained or court-appointed to conduct an examination
31    of the person that results from a review of the  records  and
32    may  not  introduce evidence resulting from an examination of
33    the person. Any evaluation conducted under this Section shall
34    be by an evaluator approved by the  Sex  Offender  Management
 
HB3556 Engrossed            -20-     LRB093 10381 AMC 10635 b
 1    Board   and  conducted  in  conformance  with  the  standards
 2    developed  under  the  Sex  Offender  Management  Board  Act.
 3    Notwithstanding the provisions of Section 10  of  the  Mental
 4    Health  and  Developmental  Disabilities Confidentiality Act,
 5    all evaluations  conducted  pursuant  to  this  Act  and  all
 6    Illinois Department of Corrections treatment records shall be
 7    admissible  at  all  proceedings  held  pursuant to this Act,
 8    including the probable cause hearing and the trial.
 9        If the court determines  that  probable  cause  does  not
10    exist  to  believe  that  the  person  is  a sexually violent
11    person, the court shall dismiss the petition.
12        (d)  The Department shall promulgate rules  that  provide
13    the  qualifications  for persons conducting evaluations under
14    subsection (c) of this Section.
15        (e)  If the  person  named  in  the  petition  claims  or
16    appears  to  be  indigent,  the  court  shall,  prior  to the
17    probable cause hearing under subsection (b) of this  Section,
18    appoint counsel.
19    (Source: P.A. 92-415, eff. 8-17-01.)

20        (725 ILCS 207/40)
21        Sec. 40.  Commitment.
22        (a)  If a court or jury determines that the person who is
23    the  subject  of a petition under Section 15 of this Act is a
24    sexually violent person, the court shall order the person  to
25    be  committed  to  the custody of the Department for control,
26    care and treatment until such time as the person is no longer
27    a sexually violent person.
28        (b) (1)  The court  shall  enter  an  initial  commitment
29        order  under  this  Section pursuant to a hearing held as
30        soon as practicable after the judgment  is  entered  that
31        the person who is the subject of a petition under Section
32        15  is  a  sexually  violent  person.  If the court lacks
33        sufficient information to make the determination required
 
HB3556 Engrossed            -21-     LRB093 10381 AMC 10635 b
 1        by paragraph (b)(2) of  this  Section  immediately  after
 2        trial,   it   may  adjourn  the  hearing  and  order  the
 3        Department to conduct a predisposition investigation or a
 4        supplementary mental examination, or both, to assist  the
 5        court  in framing the commitment order.   A supplementary
 6        mental examination under this Section shall be  conducted
 7        in accordance with Section 3-804 of the Mental Health and
 8        Developmental Disabilities Code.
 9             (2)  An  order  for  commitment  under  this Section
10        shall specify  either  institutional  care  in  a  secure
11        facility,  as  provided  under Section 50 of this Act, or
12        conditional release.  In determining  whether  commitment
13        shall  be  for institutional care in a secure facility or
14        for conditional release, the  court  shall  consider  the
15        nature  and  circumstances  of  the behavior that was the
16        basis of the allegation in the petition  under  paragraph
17        (b)(1)  of  Section  15,  the person's mental history and
18        present mental condition, where the person will live, how
19        the person will support  himself  or  herself,  and  what
20        arrangements  are available to ensure that the person has
21        access to and will participate  in  necessary  treatment.
22        All treatment, whether in institutional care, in a secure
23        facility,  or  while  on  conditional  release,  shall be
24        conducted in conformance  with  the  standards  developed
25        under the Sex Offender Management Board Act and conducted
26        by  a  treatment  provider  approved  by  the  Board. The
27        Department shall arrange for control, care and  treatment
28        of  the person in the least restrictive manner consistent
29        with the requirements of the  person  and  in  accordance
30        with the court's commitment order.
31             (3)  If   the   court   finds  that  the  person  is
32        appropriate for  conditional  release,  the  court  shall
33        notify  the  Department.   The Department shall prepare a
34        plan that identifies the treatment and services, if  any,
 
HB3556 Engrossed            -22-     LRB093 10381 AMC 10635 b
 1        that  the person will receive in the community.  The plan
 2        shall address the person's need, if any, for supervision,
 3        counseling,  medication,  community   support   services,
 4        residential services, vocational services, and alcohol or
 5        other  drug abuse treatment.  The Department may contract
 6        with a county  health  department,  with  another  public
 7        agency  or with a private agency to provide the treatment
 8        and services identified in  the  plan.   The  plan  shall
 9        specify   who  will  be  responsible  for  providing  the
10        treatment and services identified in the plan.  The  plan
11        shall  be  presented to the court for its approval within
12        60 days after  the  court  finding  that  the  person  is
13        appropriate   for   conditional   release,   unless   the
14        Department   and   the  person  to  be  released  request
15        additional time to  develop  the  plan.  The  conditional
16        release  program  operated  under  this  Section  is  not
17        subject  to  the  provisions  of  the  Mental  Health and
18        Developmental Disabilities Confidentiality Act.
19             (4)  An order for  conditional  release  places  the
20        person  in  the custody and control of the Department.  A
21        person  on  conditional  release  is   subject   to   the
22        conditions  set  by  the  court  and  to the rules of the
23        Department.  Before a person  is  placed  on  conditional
24        release  by the court under this Section, the court shall
25        so notify the  municipal  police  department  and  county
26        sheriff  for  the  municipality  and  county in which the
27        person will be residing.   The  notification  requirement
28        under  this  Section does not apply if a municipal police
29        department or county  sheriff  submits  to  the  court  a
30        written  statement  waiving the right to be notified.  If
31        the  Department  alleges  that  a  released  person   has
32        violated  any  condition  or  rule, or that the safety of
33        others requires that conditional release be  revoked,  he
34        or  she  may be taken into custody under the rules of the
 
HB3556 Engrossed            -23-     LRB093 10381 AMC 10635 b
 1        Department.
 2             At  any  time  during  which  the   person   is   on
 3        conditional  release,  if  the Department determines that
 4        the person has violated any condition or  rule,  or  that
 5        the safety of others requires that conditional release be
 6        revoked,  the Department may request the Attorney General
 7        or State's Attorney to request  the  court  to  issue  an
 8        emergency  ex  parte  order directing any law enforcement
 9        officer to take the person into custody and transport the
10        person to the county jail. The Department may request, or
11        the Attorney General  or  State's  Attorney  may  request
12        independently  of  the  Department,  that  a  petition to
13        revoke conditional release be filed.  When a petition  is
14        filed,  the  court  may  order  the Department to issue a
15        notice to the person to be present at the  Department  or
16        other  agency designated by the court, order a summons to
17        the person to be present, or order a body attachment  for
18        all  law  enforcement  officers  to  take the person into
19        custody and transport him or  her  to  the  county  jail,
20        hospital,  or  treatment  facility.  The Department shall
21        submit  a  statement  showing  probable  cause   of   the
22        detention   and  a  petition  to  revoke  the  order  for
23        conditional release to the  committing  court  within  48
24        hours  after  the  detention.   The  court shall hear the
25        petition within 30  days,  unless  the  hearing  or  time
26        deadline  is  waived by the detained person.  Pending the
27        revocation hearing, the Department may detain the  person
28        in  a  jail,  in  a  hospital or treatment facility.  The
29        State has the burden of proving by clear  and  convincing
30        evidence  that  any rule or condition of release has been
31        violated, or that the safety of others requires that  the
32        conditional  release be revoked.  If the court determines
33        after hearing that any rule or condition of  release  has
34        been violated, or that the safety of others requires that
 
HB3556 Engrossed            -24-     LRB093 10381 AMC 10635 b
 1        conditional  release  be revoked, it may revoke the order
 2        for conditional  release  and  order  that  the  released
 3        person  be placed in an appropriate institution until the
 4        person is discharged from the commitment under Section 65
 5        of this Act or until again placed on conditional  release
 6        under Section 60 of this Act.
 7             (5)  An  order  for  conditional  release places the
 8        person  in  the  custody,  care,  and  control   of   the
 9        Department.   The court shall order the person be subject
10        to  the  following  rules  of  conditional  release,   in
11        addition  to any other conditions ordered, and the person
12        shall be given a certificate setting forth the conditions
13        of conditional release.  These conditions shall  be  that
14        the person:
15                  (A)  not  violate  any  criminal statute of any
16             jurisdiction;
17                  (B)  report to or appear in person before  such
18             person  or  agency  as directed by the court and the
19             Department;
20                  (C)  refrain from possession of  a  firearm  or
21             other dangerous weapon;
22                  (D)  not leave the State without the consent of
23             the  court  or, in circumstances in which the reason
24             for the absence is of such an emergency nature, that
25             prior consent by the court is not  possible  without
26             the   prior   notification   and   approval  of  the
27             Department;
28                  (E)  at the direction of the Department, notify
29             third parties of the risks that may be occasioned by
30             his or  her  criminal  record  or  sexual  offending
31             history   or   characteristics,   and   permit   the
32             supervising   officer   or   agent   to   make   the
33             notification requirement;
34                  (F)  attend    and    fully    participate   in
 
HB3556 Engrossed            -25-     LRB093 10381 AMC 10635 b
 1             assessment,  treatment,  and   behavior   monitoring
 2             including,    but    not    limited   to,   medical,
 3             psychological or psychiatric treatment  specific  to
 4             sexual  offending, drug addiction, or alcoholism, to
 5             the extent appropriate to the person based upon  the
 6             recommendation  and  findings made in the Department
 7             evaluation   or   based    upon    any    subsequent
 8             recommendations by the Department;
 9                  (G)  waive  confidentiality  allowing the court
10             and Department access  to  assessment  or  treatment
11             results or both;
12                  (H)  work  regularly  at  a Department approved
13             occupation or pursue a course of study or vocational
14             training and notify the Department within  72  hours
15             of any change in employment, study, or training;
16                  (I)  not  be  employed  or  participate  in any
17             volunteer  activity  that  involves   contact   with
18             children,  except  under  circumstances  approved in
19             advance and in writing by the Department officer;
20                  (J)  submit to the search of his or her person,
21             residence, vehicle, or any personal or real property
22             under  his  or  her  control  at  any  time  by  the
23             Department;
24                  (K)  financially support his or her  dependents
25             and  provide  the Department access to any requested
26             financial information;
27                  (L)  serve a  term  of  home  confinement,  the
28             conditions of which shall be that the person:
29                       (i)  remain  within  the interior premises
30                  of  the  place  designated  for  his   or   her
31                  confinement  during the hours designated by the
32                  Department;
33                       (ii)  admit any person or agent designated
34                  by the Department into the offender's place  of
 
HB3556 Engrossed            -26-     LRB093 10381 AMC 10635 b
 1                  confinement   at   any  time  for  purposes  of
 2                  verifying  the  person's  compliance  with  the
 3                  condition of his or her confinement;
 4                       (iii)  if   deemed   necessary   by    the
 5                  Department,   be   placed   on   an  electronic
 6                  monitoring device;
 7                  (M)  comply with the terms and conditions of an
 8             order of protection issued by the court pursuant  to
 9             the  Illinois Domestic Violence Act of 1986.  A copy
10             of the order of protection shall be  transmitted  to
11             the Department by the clerk of the court;
12                  (N)  refrain  from  entering  into a designated
13             geographic area except  upon  terms  the  Department
14             finds    appropriate.    The   terms   may   include
15             consideration of the purpose of the entry, the  time
16             of  day, others accompanying the person, and advance
17             approval by the Department;
18                  (O)  refrain from having any contact, including
19             written  or   oral   communications,   directly   or
20             indirectly,    with    certain   specified   persons
21             including, but not limited to,  the  victim  or  the
22             victim's  family,  and report any incidental contact
23             with the  victim  or  the  victim's  family  to  the
24             Department  within  72  hours; refrain from entering
25             onto the premises of, traveling past,  or  loitering
26             near the victim's residence, place of employment, or
27             other places frequented by the victim;
28                  (P)  refrain from having any contact, including
29             written   or   oral   communications,   directly  or
30             indirectly,  with  particular  types   of   persons,
31             including  but  not  limited  to  members  of street
32             gangs, drug users, drug dealers, or prostitutes;
33                  (Q)  refrain  from  all  contact,   direct   or
34             indirect,   personally,  by  telephone,  letter,  or
 
HB3556 Engrossed            -27-     LRB093 10381 AMC 10635 b
 1             through another person, with minor children  without
 2             prior identification and approval of the Department;
 3                  (R)  refrain from having in his or her body the
 4             presence  of  alcohol or any illicit drug prohibited
 5             by  the  Cannabis  Control  Act  or   the   Illinois
 6             Controlled  Substances  Act,  unless prescribed by a
 7             physician, and submit samples of his or her  breath,
 8             saliva,  blood,  or urine for tests to determine the
 9             presence of alcohol or any illicit drug;
10                  (S)  not  establish  a  dating,  intimate,   or
11             sexual  relationship  with  a  person  without prior
12             written notification to the Department;
13                  (T)  neither possess or have under his  or  her
14             control  any material that is pornographic, sexually
15             oriented, or sexually stimulating, or  that  depicts
16             or  alludes  to  sexual  activity  or depicts minors
17             under the age of 18, including but  not  limited  to
18             visual,  auditory,  telephonic, electronic media, or
19             any matter obtained through access to  any  computer
20             or material linked to computer access use;
21                  (U)  not   patronize   any  business  providing
22             sexually   stimulating    or    sexually    oriented
23             entertainment  nor  utilize "900" or adult telephone
24             numbers or any other sex-related telephone numbers;
25                  (V)  not reside near, visit, or be in or  about
26             parks,  schools,  day  care centers, swimming pools,
27             beaches, theaters, or any other places  where  minor
28             children  congregate without advance approval of the
29             Department and report any  incidental  contact  with
30             minor children to the Department within 72 hours;
31                  (W)  not  establish  any  living arrangement or
32             residence without prior approval of the Department;
33                  (X)  not publish any  materials  or  print  any
34             advertisements  without  providing  a  copy  of  the
 
HB3556 Engrossed            -28-     LRB093 10381 AMC 10635 b
 1             proposed  publications to the Department officer and
 2             obtaining permission prior to publication;
 3                  (Y)  not leave the  county  except  with  prior
 4             permission   of   the  Department  and  provide  the
 5             Department officer  or  agent  with  written  travel
 6             routes  to  and  from  work and any other designated
 7             destinations;
 8                  (Z)  not possess  or  have  under  his  or  her
 9             control   certain   specified  items  of  contraband
10             related to the incidence of sexually offending items
11             including video or still camera items or  children's
12             toys;
13                  (AA)  provide a written daily log of activities
14             as directed by the Department;
15                  (BB)  comply  with all other special conditions
16             that the Department may  impose  that  restrict  the
17             person from high-risk situations and limit access or
18             potential victims.
19             (6)  A  person placed on conditional release and who
20        during the  term  undergoes  mandatory  drug  or  alcohol
21        testing  or  is  assigned  to  be  placed  on an approved
22        electronic monitoring device may be ordered  to  pay  all
23        costs incidental to the mandatory drug or alcohol testing
24        and  all  costs  incidental  to  the  approved electronic
25        monitoring in accordance with the person's ability to pay
26        those costs.  The  Department  may  establish  reasonable
27        fees for the cost of maintenance, testing, and incidental
28        expenses related to the mandatory drug or alcohol testing
29        and   all   costs   incidental   to  approved  electronic
30        monitoring.
31    (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

32        (725 ILCS 207/55)
33        Sec. 55.  Periodic reexamination; report.
 
HB3556 Engrossed            -29-     LRB093 10381 AMC 10635 b
 1        (a)  If a person has been committed under Section  40  of
 2    this Act and has not been discharged under Section 65 of this
 3    Act,  the  Department  shall conduct an examination of his or
 4    her  mental  condition  within  6  months  after  an  initial
 5    commitment under Section 40 and then at least once  every  12
 6    months  from  the  completion  of the last evaluation for the
 7    purpose of determining whether the person has made sufficient
 8    progress to be conditionally released or discharged.  At  the
 9    time  of  a  reexamination under this Section, the person who
10    has been committed may retain or, if he or  she  is  indigent
11    and  so requests, the court may appoint a qualified expert or
12    a professional person to examine him or her.
13        (b)  Any examiner conducting an  examination  under  this
14    Section  shall prepare a written report of the examination no
15    later than 30 days after the date of  the  examination.   The
16    examiner  shall  place  a  copy of the report in the person's
17    health care records and shall provide a copy of the report to
18    the court that committed the person  under  Section  40.  The
19    examination  shall  be  conducted  in  conformance  with  the
20    standards  developed  under the Sex Offender Management Board
21    Act and by an evaluator approved by the Board.
22        (c)  Notwithstanding subsection (a) of this Section,  the
23    court  that  committed  a person under Section 40 may order a
24    reexamination of the person at any time during the period  in
25    which the person is subject to the commitment order.
26        (d)  Petitions  for  discharge  after  reexamination must
27    follow the procedure outlined in Section 65 of this Act.
28    (Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
29    91-227, eff. 1-1-00; 91-875, eff. 6-30-00.)

30        (725 ILCS 207/60)
31        Sec. 60.  Petition for conditional release.
32        (a)  Any  person  who is committed for institutional care
33    in a secure facility or other facility under  Section  40  of
 
HB3556 Engrossed            -30-     LRB093 10381 AMC 10635 b
 1    this  Act  may  petition  the  committing court to modify its
 2    order by authorizing conditional release if at least 6 months
 3    have elapsed since the initial commitment order was  entered,
 4    the  most  recent  release  petition  was  denied or the most
 5    recent  order  for  conditional  release  was  revoked.   The
 6    director of the facility at which the person  is  placed  may
 7    file  a petition under this Section on the person's behalf at
 8    any time.
 9        (b)  If  the  person  files  a  timely  petition  without
10    counsel, the court shall serve a copy of the petition on  the
11    Attorney General or State's Attorney, whichever is applicable
12    and,  subject  to paragraph (c)(1) of Section 25 of this Act,
13    appoint counsel.  If the person  petitions  through  counsel,
14    his  or  her  attorney  shall  serve  the Attorney General or
15    State's Attorney, whichever is applicable.
16        (c)  Within 20 days after receipt of  the  petition,  the
17    court   shall  appoint  one  or  more  examiners  having  the
18    specialized  knowledge  determined  by  the   court   to   be
19    appropriate,  who  shall  examine the mental condition of the
20    person and furnish a written report of the examination to the
21    court within 30 days after appointment.  The examiners  shall
22    have   reasonable  access  to  the  person  for  purposes  of
23    examination and to the person's past  and  present  treatment
24    records  and  patient  health  care  records.   If  any  such
25    examiner   believes   that  the  person  is  appropriate  for
26    conditional release, the examiner shall report on the type of
27    treatment and services that the person may need while in  the
28    community on conditional release.  The State has the right to
29    have the person evaluated by experts chosen by the State. Any
30    examination  or evaluation conducted under this Section shall
31    be in conformance with the standards developed under the  Sex
32    Offender  Management  Board Act and conducted by an evaluator
33    approved by the Board.  The court shall set a probable  cause
34    hearing  as  soon as practical after the examiner's report is
 
HB3556 Engrossed            -31-     LRB093 10381 AMC 10635 b
 1    filed.  If the court determines at the probable cause hearing
 2    that cause exists to believe that  it  is  not  substantially
 3    probable  that  the  person  will  engage  in  acts of sexual
 4    violence if on release  or  conditional  release,  the  court
 5    shall set a hearing on the issue.
 6        (d)  The  court,  without a jury, shall hear the petition
 7    within 30  days  after  the  report  of  the  court-appointed
 8    examiner  is  filed  with  the  court,  unless the petitioner
 9    waives this time limit.  The court shall grant  the  petition
10    unless the State proves by clear and convincing evidence that
11    the   person   has   not   made  sufficient  progress  to  be
12    conditionally released.  In  making  a  decision  under  this
13    subsection,   the   court   must   consider  the  nature  and
14    circumstances of the behavior  that  was  the  basis  of  the
15    allegation  in the petition under paragraph (b)(1) of Section
16    15 of this Act,  the  person's  mental  history  and  present
17    mental  condition, where the person will live, how the person
18    will support himself or herself  and  what  arrangements  are
19    available  to  ensure  that the person has access to and will
20    participate in necessary treatment.
21        (e)  Before  the  court  may  enter  an  order  directing
22    conditional release to a less restrictive alternative it must
23    find the following: (1) the  person  will  be  treated  by  a
24    Department  approved  treatment  provider,  (2) the treatment
25    provider has presented a specific course of treatment and has
26    agreed to assume responsibility for the  treatment  and  will
27    report  progress  to  the  Department on a regular basis, and
28    will  report  violations  immediately  to   the   Department,
29    consistent  with  treatment  and  supervision  needs  of  the
30    respondent, (3) housing exists that is sufficiently secure to
31    protect  the  community,  and  the person or agency providing
32    housing to the conditionally released person  has  agreed  in
33    writing  to  accept  the  person,  to  provide  the  level of
34    security required by the court, and immediately to report  to
 
HB3556 Engrossed            -32-     LRB093 10381 AMC 10635 b
 1    the  Department  if the person leaves the housing to which he
 2    or she has  been  assigned  without  authorization,  (4)  the
 3    person  is  willing  to  or  has  agreed  to  comply with the
 4    treatment provider, the Department, and the  court,  and  (5)
 5    the  person  has agreed or is willing to agree to comply with
 6    the behavioral monitoring requirements imposed by  the  court
 7    and the Department.
 8        (f)  If  the  court  finds that the person is appropriate
 9    for  conditional  release,  the  court   shall   notify   the
10    Department.    The  Department  shall  prepare  a  plan  that
11    identifies the treatment  and  services,  if  any,  that  the
12    person  will receive in the community. The plan shall address
13    the person's  need,  if  any,  for  supervision,  counseling,
14    medication, community support services, residential services,
15    vocational   services,   and  alcohol  or  other  drug  abuse
16    treatment.  The Department may contract with a county  health
17    department,  with  another  public  agency  or with a private
18    agency to provide the treatment and  services  identified  in
19    the plan.  The plan shall specify who will be responsible for
20    providing  the treatment and services identified in the plan.
21    The plan shall be presented to the  court  for  its  approval
22    within  60  days  after  the court finding that the person is
23    appropriate for conditional release,  unless  the  Department
24    and  the  person  to  be  released request additional time to
25    develop the plan.
26        (g)  The provisions of paragraph (b)(4) of Section 40  of
27    this  Act  apply  to  an order for conditional release issued
28    under this Section.
29    (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

30        (725 ILCS 207/65)
31        Sec. 65.  Petition for discharge; procedure.
32        (a)(1)  If the Secretary determines at any  time  that  a
33    person  committed  under  this  Act  is  no longer a sexually
 
HB3556 Engrossed            -33-     LRB093 10381 AMC 10635 b
 1    violent person, the Secretary shall authorize the  person  to
 2    petition  the  committing  court  for  discharge.  The person
 3    shall file the petition with the court and serve a copy  upon
 4    the  Attorney  General  or the State's Attorney's office that
 5    filed the petition under subsection (a) of Section 15 of this
 6    Act, whichever is applicable.  The court, upon receipt of the
 7    petition for discharge, shall order  a  hearing  to  be  held
 8    within 45 days after the date of receipt of the petition.
 9        (2)  At  a  hearing  under  this subsection, the Attorney
10    General or State's Attorney,  whichever  filed  the  original
11    petition,  shall represent the State and shall have the right
12    to have the petitioner examined by an expert or  professional
13    person  of  his  or  her  choice.   The  examination shall be
14    conducted in conformance with the standards  developed  under
15    the  Sex  Offender  Management  Board Act and by an evaluator
16    approved by the Board.  The committed person or the State may
17    elect to have the hearing before a jury.  The State  has  the
18    burden  of  proving by clear and convincing evidence that the
19    petitioner is still a sexually violent person.
20        (3)  If the court or jury is satisfied that the State has
21    not met its burden of proof under paragraph  (a)(2)  of  this
22    Section,  the petitioner shall be discharged from the custody
23    or supervision of the Department.  If the court is  satisfied
24    that  the  State  has met its burden of proof under paragraph
25    (a)(2), the court may proceed under Section 40 of this Act to
26    determine  whether  to  modify  the   petitioner's   existing
27    commitment order.
28        (b)(1)  A  person  may  petition the committing court for
29    discharge from custody or supervision without the Secretary's
30    approval.  At the time of an examination under subsection (a)
31    of Section 55 of this Act, the Secretary  shall  provide  the
32    committed  person with a written notice of the person's right
33    to petition the court  for  discharge  over  the  Secretary's
34    objection.  The notice shall contain a waiver of rights.  The
 
HB3556 Engrossed            -34-     LRB093 10381 AMC 10635 b
 1    Secretary  shall  forward  the  notice and waiver form to the
 2    court with the report of the Department's  examination  under
 3    Section 55 of this Act.  If the person does not affirmatively
 4    waive  the  right to petition, the court shall set a probable
 5    cause hearing to determine whether facts exist that warrant a
 6    hearing on whether the person is  still  a  sexually  violent
 7    person.  If  a person does not file a petition for discharge,
 8    yet fails to waive the right to petition under this  Section,
 9    then  the probable cause hearing consists only of a review of
10    the reexamination reports and  arguments  on  behalf  of  the
11    parties. The committed person has a right to have an attorney
12    represent  him  or her at the probable cause hearing, but the
13    person is not entitled to be present at  the  probable  cause
14    hearing.  The  probable cause hearing under this Section must
15    be held within 45 days of the  filing  of  the  reexamination
16    report under Section 55 of this Act.
17        (2)  If  the  court  determines  at  the  probable  cause
18    hearing  under paragraph (b)(1) of this Section that probable
19    cause exists to believe  that  the  committed  person  is  no
20    longer  a sexually violent person, then the court shall set a
21    hearing on the issue. At a hearing under  this  Section,  the
22    committed person is entitled to be present and to the benefit
23    of the protections afforded to the person under Section 25 of
24    this Act. The committed person or the State may elect to have
25    a  hearing  under this Section before a jury.  A verdict of a
26    jury under this Section is not valid unless it is  unanimous.
27    The Attorney General or State's Attorney, whichever filed the
28    original  petition,  shall  represent  the State at a hearing
29    under this Section.   The State has the  right  to  have  the
30    committed  person  evaluated  by experts chosen by the State.
31    The examination shall be conducted in  conformance  with  the
32    standards  developed  under the Sex Offender Management Board
33    Act and by  an  evaluator  approved  by  the  Board.  At  the
34    hearing,  the  State  has  the burden of proving by clear and
 
HB3556 Engrossed            -35-     LRB093 10381 AMC 10635 b
 1    convincing evidence that the  committed  person  is  still  a
 2    sexually violent person.
 3        (3)  If the court or jury is satisfied that the State has
 4    not  met  its  burden of proof under paragraph (b)(2) of this
 5    Section, the person shall be discharged from the  custody  or
 6    supervision  of  the  Department.   If  the  court or jury is
 7    satisfied that the State has met its burden  of  proof  under
 8    paragraph (b)(2) of this Section, the court may proceed under
 9    Section  40  of  this  Act to determine whether to modify the
10    person's existing commitment order.
11    (Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.)

12        Section  20.  The Unified Code of Corrections is  amended
13    by  changing  Sections  3-3-7,  3-6-2,  3-9-7,  5-3-1, 5-3-2,
14    5-4-1, 5-6-3, and 5-7-1 as follows:

15        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
16        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
17    Release.
18        (a)  The conditions of  parole  or  mandatory  supervised
19    release  shall  be  such  as  the Prisoner Review Board deems
20    necessary to assist the  subject  in  leading  a  law-abiding
21    life. The conditions of every parole and mandatory supervised
22    release are that the subject:
23             (1)  not   violate   any  criminal  statute  of  any
24        jurisdiction during the parole or release term;
25             (2)  refrain from  possessing  a  firearm  or  other
26        dangerous weapon;
27             (3)  report   to  an  agent  of  the  Department  of
28        Corrections;
29             (4)  permit the agent to visit him or her at his  or
30        her   home,   employment,  or  elsewhere  to  the  extent
31        necessary for the agent to discharge his or her duties;
32             (5)  attend or reside in a facility established  for
 
HB3556 Engrossed            -36-     LRB093 10381 AMC 10635 b
 1        the  instruction  or  residence  of  persons on parole or
 2        mandatory supervised release;
 3             (6)  secure permission before visiting or writing  a
 4        committed person in an Illinois Department of Corrections
 5        facility;
 6             (7)  report   all   arrests   to  an  agent  of  the
 7        Department of Corrections as soon  as  permitted  by  the
 8        arresting  authority  but in no event later than 24 hours
 9        after release from custody;
10             (7.5)  if convicted of a sex offense as  defined  in
11        the  Sex  Offender  Management  Board Act, the individual
12        shall undergo  and  successfully  complete  sex  offender
13        treatment  conducted  in  conformance  with the standards
14        developed by the Sex Offender Management Board Act  by  a
15        treatment provider approved by the Board;
16             (8)  obtain permission of an agent of the Department
17        of Corrections before leaving the State of Illinois;
18             (9)  obtain permission of an agent of the Department
19        of  Corrections  before  changing his or her residence or
20        employment;
21             (10)  consent to a search  of  his  or  her  person,
22        property, or residence under his or her control;
23             (11)  refrain   from   the   use  or  possession  of
24        narcotics or other controlled substances in any form,  or
25        both,  or  any  paraphernalia related to those substances
26        and submit to a urinalysis test as instructed by a parole
27        agent of the Department of Corrections;
28             (12)  not   frequent   places    where    controlled
29        substances  are  illegally  sold,  used,  distributed, or
30        administered;
31             (13)  not knowingly associate with other persons  on
32        parole  or  mandatory  supervised  release  without prior
33        written permission of his or her  parole  agent  and  not
34        associate  with  persons  who are members of an organized
 
HB3556 Engrossed            -37-     LRB093 10381 AMC 10635 b
 1        gang as that term is defined in the  Illinois  Streetgang
 2        Terrorism Omnibus Prevention Act;
 3             (14)  provide  true  and accurate information, as it
 4        relates to his or her adjustment in the  community  while
 5        on  parole  or  mandatory supervised release or to his or
 6        her conduct while incarcerated, in response to  inquiries
 7        by  his  or  her  parole  agent  or  of the Department of
 8        Corrections; and
 9             (15)  follow any specific instructions  provided  by
10        the  parole  agent  that  are  consistent with furthering
11        conditions set and approved by the Prisoner Review  Board
12        or   by   law,   exclusive  of  placement  on  electronic
13        detention, to achieve the goals and objectives of his  or
14        her  parole or mandatory supervised release or to protect
15        the public. These instructions by the parole agent may be
16        modified at any time, as the agent deems appropriate.
17        (b)  The  Board  may  in  addition  to  other  conditions
18    require that the subject:
19             (1)  work or pursue a course of study or  vocational
20        training;
21             (2)  undergo  medical  or  psychiatric treatment, or
22        treatment for drug addiction or alcoholism;
23             (3)  attend or reside in a facility established  for
24        the  instruction  or residence of persons on probation or
25        parole;
26             (4)  support his dependents;
27             (5)  (blank);
28             (6)  (blank);
29             (7)  comply with the  terms  and  conditions  of  an
30        order  of  protection  issued  pursuant  to  the Illinois
31        Domestic Violence  Act  of  1986,  enacted  by  the  84th
32        General Assembly, or an order of protection issued by the
33        court   of   another   state,  tribe,  or  United  States
34        territory; and
 
HB3556 Engrossed            -38-     LRB093 10381 AMC 10635 b
 1             (8)  in addition, if a minor:
 2                  (i)  reside with his parents  or  in  a  foster
 3             home;
 4                  (ii)  attend school;
 5                  (iii)  attend  a  non-residential  program  for
 6             youth; or
 7                  (iv)  contribute  to his own support at home or
 8             in a foster home.
 9        (c)  The conditions under which the parole  or  mandatory
10    supervised  release  is to be served shall be communicated to
11    the person in writing prior to his release, and he shall sign
12    the same before release. A signed copy of  these  conditions,
13    including a copy of an order of protection where one had been
14    issued by the criminal court, shall be retained by the person
15    and  another  copy  forwarded to the officer in charge of his
16    supervision.
17        (d)  After a hearing under Section  3-3-9,  the  Prisoner
18    Review   Board may modify or enlarge the conditions of parole
19    or mandatory supervised release.
20        (e)  The Department shall inform all offenders  committed
21    to  the Department of the optional services available to them
22    upon release and shall assist inmates in availing  themselves
23    of  such  optional services upon their release on a voluntary
24    basis.
25    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

26        (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
27        Sec. 3-6-2.  Institutions and Facility Administration.
28        (a)  Each institution  and  facility  of  the  Department
29    shall  be  administered  by  a  chief  administrative officer
30    appointed by the Director.  A  chief  administrative  officer
31    shall   be  responsible  for  all  persons  assigned  to  the
32    institution or facility.  The  chief  administrative  officer
33    shall  administer  the  programs  of  the  Department for the
 
HB3556 Engrossed            -39-     LRB093 10381 AMC 10635 b
 1    custody and treatment of such persons.
 2        (b)  The chief administrative  officer  shall  have  such
 3    assistants as the Department may assign.
 4        (c)  The  Director  or  Assistant Director shall have the
 5    emergency powers to temporarily transfer individuals  without
 6    formal procedures to any State, county, municipal or regional
 7    correctional  or  detention  institution  or  facility in the
 8    State,  subject  to  the   acceptance   of   such   receiving
 9    institution  or  facility,  or  to  designate  any reasonably
10    secure place in the State as such an institution or  facility
11    and  to make transfers thereto. However, transfers made under
12    emergency powers shall be reviewed  as  soon  as  practicable
13    under Article 8, and shall be subject to Section 5-905 of the
14    Juvenile  Court Act of 1987.  This Section shall not apply to
15    transfers to the  Department  of  Human  Services  which  are
16    provided for under Section 3-8-5 or Section 3-10-5.
17        (d)  The  Department  shall  provide educational programs
18    for all  committed  persons  so  that  all  persons  have  an
19    opportunity to attain the achievement level equivalent to the
20    completion  of  the twelfth grade in the public school system
21    in this State. Other higher levels  of  attainment  shall  be
22    encouraged  and  professional instruction shall be maintained
23    wherever possible. The Department may establish  programs  of
24    mandatory  education  and may establish rules and regulations
25    for the administration of such programs. A  person  committed
26    to  the  Department  who,  during  the  period  of his or her
27    incarceration,  participates  in   an   educational   program
28    provided  by  or  through  the  Department  and  through that
29    program is awarded or earns the number  of  hours  of  credit
30    required  for  the  award  of an associate, baccalaureate, or
31    higher  degree  from  a  community   college,   college,   or
32    university  located  in  Illinois  shall reimburse the State,
33    through the Department, for the costs incurred by  the  State
34    in providing that person during his or her incarceration with
 
HB3556 Engrossed            -40-     LRB093 10381 AMC 10635 b
 1    the education that qualifies him or her for the award of that
 2    degree.   The costs for which reimbursement is required under
 3    this subsection shall  be  determined  and  computed  by  the
 4    Department   under   rules  and  regulations  that  it  shall
 5    establish for that purpose.  However, interest at the rate of
 6    6% per annum shall be charged on the balance of  those  costs
 7    from  time  to  time  remaining  unpaid, from the date of the
 8    person's parole, mandatory  supervised  release,  or  release
 9    constituting  a final termination of his or her commitment to
10    the Department until paid.
11        (e)  A person committed to the Department who becomes  in
12    need  of  medical  or  surgical treatment but is incapable of
13    giving consent thereto shall receive such medical or surgical
14    treatment by the chief administrative officer  consenting  on
15    the  person's behalf. Before the chief administrative officer
16    consents, he or she shall obtain the advice of  one  or  more
17    physicians  licensed to practice medicine in all its branches
18    in this State.  If such physician or physicians advise:
19             (1)  that immediate medical or surgical treatment is
20        required relative to a  condition  threatening  to  cause
21        death,  damage  or  impairment  to  bodily  functions, or
22        disfigurement; and
23             (2)  that  the  person  is  not  capable  of  giving
24        consent  to  such  treatment;  the  chief  administrative
25        officer may give consent for  such  medical  or  surgical
26        treatment,  and  such  consent  shall be deemed to be the
27        consent of the person for all  purposes,  including,  but
28        not limited to, the authority of a physician to give such
29        treatment.
30        (f)  In  the  event that the person requires medical care
31    and treatment at  a  place  other  than  the  institution  or
32    facility,   the   person   may  be  removed  therefrom  under
33    conditions prescribed by the Department. The Department shall
34    require the committed  person  receiving  medical  or  dental
 
HB3556 Engrossed            -41-     LRB093 10381 AMC 10635 b
 1    services  on  a non-emergency basis to pay a $2 co-payment to
 2    the Department for each visit for medical or dental services.
 3    The amount of each co-payment  shall  be  deducted  from  the
 4    committed person's individual account. A committed person who
 5    has  a  chronic  illness,  as defined by Department rules and
 6    regulations, shall be  exempt  from  the  $2  co-payment  for
 7    treatment  of  the chronic illness.  A committed person shall
 8    not be subject  to  a  $2  co-payment  for  follow-up  visits
 9    ordered  by  a  physician,  who  is employed by, or contracts
10    with, the Department.  A committed person who is indigent  is
11    exempt  from  the  $2  co-payment  and is entitled to receive
12    medical or dental services on the same basis as  a  committed
13    person  who  is  financially  able  to afford the co-payment.
14    Notwithstanding any other provision in this subsection (f) to
15    the contrary, any person committed to any  facility  operated
16    by  the  Juvenile Division, as set forth in subsection (b) of
17    Section 3-2-5 of this Code, is  exempt  from  the  co-payment
18    requirement   for   the  duration  of  confinement  in  those
19    facilities.
20        (g)  Any person having sole custody of  a  child  at  the
21    time of commitment or any woman giving birth to a child after
22    her   commitment,  may  arrange  through  the  Department  of
23    Children and Family Services for suitable  placement  of  the
24    child  outside of the Department of Corrections. The Director
25    of the Department of Corrections may determine that there are
26    special reasons why the child should continue in the  custody
27    of the mother until the child is 6 years old.
28        (h)  The  Department  may  provide  Family Responsibility
29    Services which may consist of, but  not  be  limited  to  the
30    following:
31             (1)  family advocacy counseling;
32             (2)  parent self-help group;
33             (3)  parenting skills training;
34             (4)  parent and child overnight program;
 
HB3556 Engrossed            -42-     LRB093 10381 AMC 10635 b
 1             (5)  parent   and  child  reunification  counseling,
 2        either separately or  together,  preceding  the  inmate's
 3        release; and
 4             (6)  a  prerelease  reunification staffing involving
 5        the  family   advocate,  the  inmate  and   the   child's
 6        counselor, or both and the inmate.
 7        (i)  Prior  to  the  release  of  any  inmate  who  has a
 8    documented history of intravenous  drug  use,  and  upon  the
 9    receipt  of  that  inmate's  written  informed  consent,  the
10    Department  shall  provide for the testing of such inmate for
11    infection with human immunodeficiency  virus  (HIV)  and  any
12    other identified causative agent of acquired immunodeficiency
13    syndrome  (AIDS).  The testing provided under this subsection
14    shall consist of an enzyme-linked immunosorbent assay (ELISA)
15    test or such other test as may be approved  by  the  Illinois
16    Department  of Public Health. If the test result is positive,
17    the Western Blot Assay or  more  reliable  confirmatory  test
18    shall  be administered. All inmates tested in accordance with
19    the provisions of this  subsection  shall  be  provided  with
20    pre-test   and   post-test  counseling.  Notwithstanding  any
21    provision of this subsection to the contrary, the  Department
22    shall  not  be required to conduct the testing and counseling
23    required by this subsection unless sufficient funds to  cover
24    all costs of such testing and counseling are appropriated for
25    that purpose by the General Assembly.
26        (j)  Any  person convicted of a sex offense as defined in
27    the Sex Offender Management Board Act shall  be  required  to
28    receive  a  sex offender evaluation prior to release into the
29    community  from  the  Department  of  Corrections.   The  sex
30    offender evaluation shall be conducted  in  conformance  with
31    the standards and guidelines developed under the Sex Offender
32    Management  Board  Act  and  by  an evaluator approved by the
33    Board.
34        (k)  Any   minor   committed   to   the   Department   of
 
HB3556 Engrossed            -43-     LRB093 10381 AMC 10635 b
 1    Corrections-Juvenile Division for a sex offense as defined by
 2    the Sex Offender Management Board Act shall  be  required  to
 3    undergo  sex  offender  treatment  by  a  treatment  provider
 4    approved  by  the Board and conducted in conformance with the
 5    Sex Offender Management Board Act.
 6    (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)

 7        (730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7)
 8        Sec. 3-9-7.  Sexual abuse counseling programs.
 9        (a)  The Juvenile  Division  shall  establish  and  offer
10    sexual  abuse  counseling to both victims of sexual abuse and
11    sexual offenders in as many facilities as necessary to insure
12    sexual abuse counseling throughout the State.
13        (b)  Any   minor   committed   to   the   Department   of
14    Corrections-Juvenile Division for a sex  offense  as  defined
15    under the Sex Offender Management Board Act shall be required
16    to  undergo  sex  offender  treatment by a treatment provider
17    approved by the Board and conducted in conformance  with  the
18    standards developed by the Sex Offender Management Board Act.
19    (Source: P.A. 87-444.)

20        (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
21        Sec.  5-3-1. Presentence Investigation. A defendant shall
22    not be sentenced for a felony before  a  written  presentence
23    report of investigation is presented to and considered by the
24    court.
25        However,  in  cases  other  than  felony  sex offenses as
26    defined in the Sex Offender Management Board Act,  the  court
27    need  not  order  a presentence report of investigation where
28    both parties agree to the imposition of a specific  sentence,
29    provided  there  is  a  finding made for the record as to the
30    defendant's history of delinquency or criminality,  including
31    any  previous  sentence  to  a  term  of  probation, periodic
32    imprisonment, conditional discharge, or imprisonment.
 
HB3556 Engrossed            -44-     LRB093 10381 AMC 10635 b
 1        The court may order a presentence  investigation  of  any
 2    defendant.
 3    (Source: P.A. 80-1099.)

 4        (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
 5        Sec. 5-3-2.  Presentence Report.
 6        (a)  In  felony  cases,  the presentence report shall set
 7    forth:
 8             (1)  the  defendant's  history  of  delinquency   or
 9        criminality,  physical  and mental history and condition,
10        family  situation  and   background,   economic   status,
11        education, occupation and personal habits;
12             (2)  information  about special resources within the
13        community  which  might  be  available  to   assist   the
14        defendant's  rehabilitation, including treatment centers,
15        residential  facilities,  vocational  training  services,
16        correctional manpower programs, employment opportunities,
17        special educational  programs,  alcohol  and  drug  abuse
18        programming,  psychiatric  and  marriage  counseling, and
19        other  programs  and  facilities  which  could  aid   the
20        defendant's successful reintegration into society;
21             (3)  the  effect  the offense committed has had upon
22        the victim  or  victims  thereof,  and  any  compensatory
23        benefit that various sentencing alternatives would confer
24        on such victim or victims;
25             (4)  information  concerning  the defendant's status
26        since arrest, including his record if released on his own
27        recognizance, or the defendant's  achievement  record  if
28        released on a conditional pre-trial supervision program;
29             (5)  when   appropriate,  a  plan,  based  upon  the
30        personal, economic and social  adjustment  needs  of  the
31        defendant,   utilizing   public   and  private  community
32        resources as an alternative to institutional sentencing;
33             (6)  any  other  matters  that   the   investigatory
 
HB3556 Engrossed            -45-     LRB093 10381 AMC 10635 b
 1        officer  deems  relevant  or  the  court  directs  to  be
 2        included; and
 3             (7)  information  concerning defendant's eligibility
 4        for a sentence to a county impact  incarceration  program
 5        under Section 5-8-1.2 of this Code.
 6        (b)  The  investigation  shall  include  a  physical  and
 7    mental  examination  of  the defendant when so ordered by the
 8    court.  If the court  determines  that  such  an  examination
 9    should  be  made,  it shall issue an order that the defendant
10    submit to examination at such time and place as designated by
11    the court  and  that  such  examination  be  conducted  by  a
12    physician,  psychologist  or  psychiatrist  designated by the
13    court.  Such an examination  may  be  conducted  in  a  court
14    clinic  if  so  ordered  by  the  court.   The  cost  of such
15    examination shall be paid by the county in which the trial is
16    held.
17        (b-5)  In cases involving  felony  sex  offenses  or  any
18    felony  offense  that is sexually motivated as defined in the
19    Sex Offender Management Board Act,  the  investigation  shall
20    include a sex offender evaluation by an evaluator approved by
21    the  Board  and  conducted  in conformance with the standards
22    developed under the Sex Offender Management Board Act.
23        (c)  In misdemeanor, business offense  or  petty  offense
24    cases, except as specified in subsection (d) of this Section,
25    when a presentence report has been ordered by the court, such
26    presentence   report   shall   contain   information  on  the
27    defendant's history of delinquency or criminality  and  shall
28    further   contain   only  those  matters  listed  in  any  of
29    paragraphs (1) through (6) of subsection (a) or in subsection
30    (b) of this Section  as are specified by  the  court  in  its
31    order for the report.
32        (d)  In  cases  under  Section 12-15 and Section 12-30 of
33    the Criminal Code of 1961, as amended, the presentence report
34    shall  set  forth  information  about  alcohol,  drug  abuse,
 
HB3556 Engrossed            -46-     LRB093 10381 AMC 10635 b
 1    psychiatric,  and  marriage  counseling  or  other  treatment
 2    programs  and  facilities,  information  on  the  defendant's
 3    history of delinquency  or  criminality,  and  shall  contain
 4    those  additional  matters  listed  in  any of paragraphs (1)
 5    through (6) of subsection (a) or in subsection  (b)  of  this
 6    Section as are specified by the court.
 7        (e)  Nothing in this Section shall cause the defendant to
 8    be  held  without  bail  or  to have his bail revoked for the
 9    purpose of preparing the  presentence  report  or  making  an
10    examination.
11    (Source: P.A. 89-587, eff. 7-31-96.)

12        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
13        Sec. 5-4-1.  Sentencing Hearing.
14        (a)  Except  when  the  death  penalty  is  sought  under
15    hearing procedures otherwise specified, after a determination
16    of  guilt,  a  hearing  shall be held to impose the sentence.
17    However, prior to the imposition of sentence on an individual
18    being sentenced for an offense based  upon  a  charge  for  a
19    violation of Section 11-501 of the Illinois Vehicle Code or a
20    similar  provision  of a local ordinance, the individual must
21    undergo a professional evaluation to determine if an  alcohol
22    or  other  drug abuse problem exists and the extent of such a
23    problem.  Programs  conducting  these  evaluations  shall  be
24    licensed  by  the  Department of Human Services.  However, if
25    the individual is not a resident of Illinois, the court  may,
26    in its discretion, accept an evaluation from a program in the
27    state  of  such  individual's residence. The court may in its
28    sentencing order approve an eligible defendant for  placement
29    in  a  Department of Corrections impact incarceration program
30    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
31    the court shall:
32             (1)  consider  the  evidence,  if any, received upon
33        the trial;
 
HB3556 Engrossed            -47-     LRB093 10381 AMC 10635 b
 1             (2)  consider any presentence reports;
 2             (3)  consider the financial impact of  incarceration
 3        based  on  the  financial impact statement filed with the
 4        clerk of the court by the Department of Corrections;
 5             (4)  consider evidence and  information  offered  by
 6        the parties in aggravation and mitigation;
 7             (5)  hear arguments as to sentencing alternatives;
 8             (6)  afford  the defendant the opportunity to make a
 9        statement in his own behalf;
10             (7)  afford the victim  of  a  violent  crime  or  a
11        violation of Section 11-501 of the Illinois Vehicle Code,
12        or  a  similar  provision  of  a  local  ordinance,  or a
13        qualified individual affected by a violation  of  Section
14        405,  405.1,  405.2,  or  407  of the Illinois Controlled
15        Substances  Act,   committed   by   the   defendant   the
16        opportunity  to make a statement concerning the impact on
17        the victim  and  to  offer  evidence  in  aggravation  or
18        mitigation;  provided  that  the  statement  and evidence
19        offered  in  aggravation  or  mitigation  must  first  be
20        prepared in  writing  in  conjunction  with  the  State's
21        Attorney  before  it  may  be  presented  orally  at  the
22        hearing.  Any  sworn  testimony  offered by the victim is
23        subject to the defendant's right  to  cross-examine.  All
24        statements  and evidence offered under this paragraph (7)
25        shall become part of the record of the  court.   For  the
26        purpose  of  this  paragraph  (7), "qualified individual"
27        means any person who  (i)  lived  or  worked  within  the
28        territorial  jurisdiction  where  the  offense took place
29        when the offense took place; and (ii)  is  familiar  with
30        various public places within the territorial jurisdiction
31        where the offense took place when the offense took place.
32        For  the  purposes  of  this  paragraph  (7),  "qualified
33        individual"  includes any peace officer, or any member of
34        any duly organized State, county, or municipal peace unit
 
HB3556 Engrossed            -48-     LRB093 10381 AMC 10635 b
 1        assigned  to  the  territorial  jurisdiction  where   the
 2        offense took place when the offense took place; and
 3             (8)  in   cases  of  reckless  homicide  afford  the
 4        victim's spouse, guardians, parents  or  other  immediate
 5        family  members  an  opportunity to make oral statements;
 6        and.
 7             (9)  in cases involving a  sex  offense  as  defined
 8        under the Sex Offender Management Board Act, consider the
 9        results of the sex offender evaluation conducted pursuant
10        to Section 5-3-2 of this Act.
11        (b)  All  sentences  shall  be imposed by the judge based
12    upon his independent assessment  of  the  elements  specified
13    above  and  any  agreement  as  to  sentence  reached  by the
14    parties.  The judge who presided at the trial  or  the  judge
15    who  accepted  the  plea  of guilty shall impose the sentence
16    unless he is no longer sitting as  a  judge  in  that  court.
17    Where  the judge does not impose sentence at the same time on
18    all defendants  who  are  convicted  as  a  result  of  being
19    involved  in  the  same offense, the defendant or the State's
20    Attorney may advise the sentencing court of  the  disposition
21    of any other defendants who have been sentenced.
22        (c)  In imposing a sentence for a violent crime or for an
23    offense  of  operating  or  being  in  physical  control of a
24    vehicle while under the influence of alcohol, any other  drug
25    or any combination thereof, or a similar provision of a local
26    ordinance,  when such offense resulted in the personal injury
27    to someone other than the defendant, the  trial  judge  shall
28    specify  on  the record the particular evidence, information,
29    factors in mitigation and aggravation or other  reasons  that
30    led to his sentencing determination. The full verbatim record
31    of  the  sentencing  hearing shall be filed with the clerk of
32    the court and shall be a public record.
33        (c-1)  In  imposing  a  sentence  for  the   offense   of
34    aggravated   kidnapping  for  ransom,  home  invasion,  armed
 
HB3556 Engrossed            -49-     LRB093 10381 AMC 10635 b
 1    robbery, aggravated vehicular hijacking, aggravated discharge
 2    of a firearm, or armed violence with a category I  weapon  or
 3    category  II  weapon, the trial judge shall make a finding as
 4    to whether the conduct leading to conviction for the  offense
 5    resulted  in  great  bodily harm to a victim, and shall enter
 6    that finding and the basis for that finding in the record.
 7        (c-2)  If the defendant is  sentenced  to  prison,  other
 8    than  when  a  sentence  of  natural  life  imprisonment or a
 9    sentence of death is imposed, at the  time  the  sentence  is
10    imposed the judge shall state on the record in open court the
11    approximate  period  of  time  the  defendant  will  serve in
12    custody according to the then  current  statutory  rules  and
13    regulations  for  early  release  found  in Section 3-6-3 and
14    other related provisions of this  Code.   This  statement  is
15    intended  solely to inform the public, has no legal effect on
16    the defendant's actual release, and may not be relied  on  by
17    the defendant on appeal.
18        The  judge's statement, to be given after pronouncing the
19    sentence, other than when the sentence is imposed for one  of
20    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
21    shall include the following:
22        "The purpose of this statement is to inform the public of
23    the  actual  period of time this defendant is likely to spend
24    in prison as a result of this sentence.  The actual period of
25    prison time served is determined by the statutes of  Illinois
26    as  applied  to  this  sentence by the Illinois Department of
27    Corrections and the Illinois Prisoner Review Board.  In  this
28    case,  assuming the defendant receives all of his or her good
29    conduct credit, the period of estimated actual custody is ...
30    years and ... months, less up to  180  days  additional  good
31    conduct  credit  for  meritorious service.  If the defendant,
32    because of his or her own misconduct  or  failure  to  comply
33    with  the  institutional  regulations, does not receive those
34    credits, the actual time served in  prison  will  be  longer.
 
HB3556 Engrossed            -50-     LRB093 10381 AMC 10635 b
 1    The  defendant  may  also  receive an additional one-half day
 2    good  conduct  credit  for  each  day  of  participation   in
 3    vocational,   industry,   substance  abuse,  and  educational
 4    programs as provided for by Illinois statute."
 5        When the sentence is imposed  for  one  of  the  offenses
 6    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
 7    when  the  sentence  is  imposed  for  one  of  the  offenses
 8    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
 9    or  after  June 19, 1998, and other than when the sentence is
10    imposed for reckless homicide as defined in subsection (e) of
11    Section 9-3 of the Criminal Code of 1961 if the  offense  was
12    committed  on  or  after January 1, 1999, and other than when
13    the sentence is imposed for aggravated arson if  the  offense
14    was  committed  on  or  after  the  effective  date  of  this
15    amendatory  Act  of  the  92nd  General Assembly, the judge's
16    statement, to be given after pronouncing the sentence,  shall
17    include the following:
18        "The purpose of this statement is to inform the public of
19    the  actual  period of time this defendant is likely to spend
20    in prison as a result of this sentence.  The actual period of
21    prison time served is determined by the statutes of  Illinois
22    as  applied  to  this  sentence by the Illinois Department of
23    Corrections and the Illinois Prisoner Review Board.  In  this
24    case,  assuming the defendant receives all of his or her good
25    conduct credit, the period of estimated actual custody is ...
26    years and ... months, less up  to  90  days  additional  good
27    conduct  credit  for  meritorious service.  If the defendant,
28    because of his or her own misconduct  or  failure  to  comply
29    with  the  institutional  regulations, does not receive those
30    credits, the actual time served in  prison  will  be  longer.
31    The  defendant  may  also  receive an additional one-half day
32    good  conduct  credit  for  each  day  of  participation   in
33    vocational,   industry,   substance  abuse,  and  educational
34    programs as provided for by Illinois statute."
 
HB3556 Engrossed            -51-     LRB093 10381 AMC 10635 b
 1        When the sentence is imposed  for  one  of  the  offenses
 2    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
 3    first degree murder, and the  offense  was  committed  on  or
 4    after  June  19,  1998,  and when the sentence is imposed for
 5    reckless homicide as defined in subsection (e) of Section 9-3
 6    of the Criminal Code of 1961 if the offense was committed  on
 7    or  after  January  1, 1999, and when the sentence is imposed
 8    for aggravated arson if the offense was committed on or after
 9    the effective date of this amendatory Act of the 92nd General
10    Assembly,  the  judge's  statement,   to   be   given   after
11    pronouncing the sentence, shall include the following:
12        "The purpose of this statement is to inform the public of
13    the  actual  period of time this defendant is likely to spend
14    in prison as a result of this sentence.  The actual period of
15    prison time served is determined by the statutes of  Illinois
16    as  applied  to  this  sentence by the Illinois Department of
17    Corrections and the Illinois Prisoner Review Board.  In  this
18    case, the defendant is entitled to no more than 4 1/2 days of
19    good  conduct credit for each month of his or her sentence of
20    imprisonment.  Therefore, this defendant will serve at  least
21    85%  of his or her sentence.  Assuming the defendant receives
22    4 1/2 days credit for each month of his or her sentence,  the
23    period  of  estimated  actual  custody  is  ... years and ...
24    months.   If  the  defendant,  because  of  his  or  her  own
25    misconduct  or  failure  to  comply  with  the  institutional
26    regulations receives lesser credit, the actual time served in
27    prison will be longer."
28        When a sentence of  imprisonment  is  imposed  for  first
29    degree  murder and the offense was committed on or after June
30    19,  1998,  the  judge's  statement,  to   be   given   after
31    pronouncing the sentence, shall include the following:
32        "The purpose of this statement is to inform the public of
33    the  actual  period of time this defendant is likely to spend
34    in prison as a result of this sentence.  The actual period of
 
HB3556 Engrossed            -52-     LRB093 10381 AMC 10635 b
 1    prison time served is determined by the statutes of  Illinois
 2    as  applied  to  this  sentence by the Illinois Department of
 3    Corrections and the Illinois Prisoner Review Board.  In  this
 4    case,  the  defendant is not entitled to good conduct credit.
 5    Therefore, this defendant will  serve  100%  of  his  or  her
 6    sentence."
 7        (d)  When the defendant is committed to the Department of
 8    Corrections,  the  State's Attorney shall and counsel for the
 9    defendant may file a statement with the clerk of the court to
10    be transmitted to the department, agency  or  institution  to
11    which  the defendant is committed to furnish such department,
12    agency or institution with the facts and circumstances of the
13    offense for which the person was committed together with  all
14    other factual information accessible to them in regard to the
15    person  prior  to  his  commitment  relative  to  his habits,
16    associates, disposition and reputation and  any  other  facts
17    and  circumstances  which  may aid such department, agency or
18    institution during its custody of  such  person.   The  clerk
19    shall  within  10  days  after  receiving any such statements
20    transmit a copy to such department, agency or institution and
21    a copy to the other party, provided, however, that this shall
22    not be cause  for  delay  in  conveying  the  person  to  the
23    department,  agency  or  institution  to  which  he  has been
24    committed.
25        (e)  The  clerk  of  the  court  shall  transmit  to  the
26    department, agency or  institution,  if  any,  to  which  the
27    defendant is committed, the following:
28             (1)  the sentence imposed;
29             (2)  any  statement  by  the  court of the basis for
30        imposing the sentence;
31             (3)  any presentence reports;
32             (3.5)  any sex offender evaluations;
33             (4)  the number of days, if any, which the defendant
34        has been in custody and  for  which  he  is  entitled  to
 
HB3556 Engrossed            -53-     LRB093 10381 AMC 10635 b
 1        credit  against  the sentence, which information shall be
 2        provided to the clerk by the sheriff;
 3             (4.1)  any finding of great bodily harm made by  the
 4        court with respect to an offense enumerated in subsection
 5        (c-1);
 6             (5)  all  statements  filed  under subsection (d) of
 7        this Section;
 8             (6)  any  medical  or  mental  health   records   or
 9        summaries of the defendant;
10             (7)  the   municipality  where  the  arrest  of  the
11        offender or the commission of the offense  has  occurred,
12        where  such  municipality  has  a population of more than
13        25,000 persons;
14             (8)  all statements made and evidence offered  under
15        paragraph (7) of subsection (a) of this Section; and
16             (9)  all  additional matters which the court directs
17        the clerk to transmit.
18    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
19    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

20        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
21        Sec.  5-6-3.  Conditions  of Probation and of Conditional
22    Discharge.
23        (a)  The  conditions  of  probation  and  of  conditional
24    discharge shall be that the person:
25             (1)  not  violate  any  criminal  statute   of   any
26        jurisdiction;
27             (2)  report  to  or  appear  in  person  before such
28        person or agency as directed by the court;
29             (3)  refrain from  possessing  a  firearm  or  other
30        dangerous weapon;
31             (4)  not  leave the State without the consent of the
32        court or, in circumstances in which the  reason  for  the
33        absence is of such an emergency nature that prior consent
 
HB3556 Engrossed            -54-     LRB093 10381 AMC 10635 b
 1        by   the   court  is  not  possible,  without  the  prior
 2        notification  and  approval  of  the  person's  probation
 3        officer.  Transfer of a person's probation or conditional
 4        discharge supervision to  another  state  is  subject  to
 5        acceptance  by the other state pursuant to the Interstate
 6        Compact for Adult Offender Supervision;
 7             (5)  permit the probation officer to  visit  him  at
 8        his   home  or  elsewhere  to  the  extent  necessary  to
 9        discharge his duties;
10             (6)  perform no less  than  30  hours  of  community
11        service and not more than 120 hours of community service,
12        if community service is available in the jurisdiction and
13        is  funded  and  approved  by  the county board where the
14        offense was committed, where the offense was  related  to
15        or  in  furtherance  of  the  criminal  activities  of an
16        organized  gang  and  was  motivated  by  the  offender's
17        membership in or allegiance to an  organized  gang.   The
18        community  service  shall include, but not be limited to,
19        the  cleanup  and  repair  of  any  damage  caused  by  a
20        violation of Section 21-1.3 of the Criminal Code of  1961
21        and   similar  damage  to  property  located  within  the
22        municipality or county in which the  violation  occurred.
23        When  possible  and  reasonable,  the  community  service
24        should  be performed in the offender's neighborhood.  For
25        purposes  of  this  Section,  "organized  gang"  has  the
26        meaning ascribed to it in  Section  10  of  the  Illinois
27        Streetgang Terrorism Omnibus Prevention Act;
28             (7)  if  he  or  she is at least 17 years of age and
29        has been sentenced to probation or conditional  discharge
30        for  a  misdemeanor or felony in a county of 3,000,000 or
31        more inhabitants and has not been previously convicted of
32        a  misdemeanor  or  felony,  may  be  required   by   the
33        sentencing  court  to attend educational courses designed
34        to prepare the defendant for a high school diploma and to
 
HB3556 Engrossed            -55-     LRB093 10381 AMC 10635 b
 1        work toward a high  school  diploma  or  to  work  toward
 2        passing the high school level Test of General Educational
 3        Development   (GED)  or   to  work  toward  completing  a
 4        vocational training program approved by the  court.   The
 5        person  on probation or conditional discharge must attend
 6        a  public  institution  of  education   to   obtain   the
 7        educational  or  vocational  training  required  by  this
 8        clause  (7).   The  court  shall  revoke the probation or
 9        conditional discharge of a person who wilfully  fails  to
10        comply  with this clause (7).  The person on probation or
11        conditional discharge shall be required to  pay  for  the
12        cost  of the educational courses or GED test, if a fee is
13        charged for those  courses  or  test.   The  court  shall
14        resentence  the  offender  whose probation or conditional
15        discharge has been revoked as provided in Section  5-6-4.
16        This  clause  (7)  does  not  apply to a person who has a
17        high school diploma or has successfully  passed  the  GED
18        test.  This clause (7)  does not apply to a person who is
19        determined by the court to be developmentally disabled or
20        otherwise   mentally   incapable   of   completing    the
21        educational or vocational program;
22             (8)  if  convicted  of  possession  of  a  substance
23        prohibited  by  the  Cannabis  Control  Act  or  Illinois
24        Controlled  Substances Act after a previous conviction or
25        disposition of supervision for possession of a  substance
26        prohibited  by  the  Cannabis  Control  Act  or  Illinois
27        Controlled   Substances   Act  or  after  a  sentence  of
28        probation under Section 10 of the Cannabis Control Act or
29        Section 410 of the Illinois Controlled Substances Act and
30        upon a finding by the court that the person is  addicted,
31        undergo  treatment  at a substance abuse program approved
32        by the court; and
33             (8.5)  if convicted of a sex offense as  defined  in
34        the  Sex  Offender Management Board Act, the person shall
 
HB3556 Engrossed            -56-     LRB093 10381 AMC 10635 b
 1        undergo and successfully complete sex offender  treatment
 2        by  a  treatment  provider  approved  by  the  Board  and
 3        conducted  in  conformance  with  the standards developed
 4        under the Sex Offender Management Board Act; and
 5             (9)  if convicted of a felony, physically  surrender
 6        at  a  time and place designated by the court, his or her
 7        Firearm Owner's  Identification  Card  and  any  and  all
 8        firearms in his or her possession.
 9        (b)  The  Court  may  in  addition  to  other  reasonable
10    conditions  relating  to  the  nature  of  the offense or the
11    rehabilitation  of  the  defendant  as  determined  for  each
12    defendant in the proper discretion of the Court require  that
13    the person:
14             (1)  serve  a  term  of  periodic imprisonment under
15        Article 7 for a period not to exceed  that  specified  in
16        paragraph (d)  of Section 5-7-1;
17             (2)  pay a fine and costs;
18             (3)  work  or pursue a course of study or vocational
19        training;
20             (4)  undergo medical, psychological  or  psychiatric
21        treatment; or treatment for drug addiction or alcoholism;
22             (5)  attend  or reside in a facility established for
23        the instruction or residence of defendants on probation;
24             (6)  support his dependents;
25             (7)  and in addition, if a minor:
26                  (i)  reside with his parents  or  in  a  foster
27             home;
28                  (ii)  attend school;
29                  (iii)  attend  a  non-residential  program  for
30             youth;
31                  (iv)  contribute  to his own support at home or
32             in a foster home;
33                  (v)  with the consent of the superintendent  of
34             the  facility,  attend  an  educational program at a
 
HB3556 Engrossed            -57-     LRB093 10381 AMC 10635 b
 1             facility other than the school in which the  offense
 2             was  committed  if he or she is convicted of a crime
 3             of violence as defined in Section  2  of  the  Crime
 4             Victims  Compensation  Act committed in a school, on
 5             the real property comprising  a  school,  or  within
 6             1,000 feet of the real property comprising a school;
 7             (8)  make  restitution  as provided in Section 5-5-6
 8        of this Code;
 9             (9)  perform some  reasonable  public  or  community
10        service;
11             (10)  serve a term of home confinement.  In addition
12        to   any  other  applicable  condition  of  probation  or
13        conditional discharge, the conditions of home confinement
14        shall be that the offender:
15                  (i)  remain within the interior premises of the
16             place designated  for  his  confinement  during  the
17             hours designated by the court;
18                  (ii)  admit  any  person or agent designated by
19             the court into the offender's place  of  confinement
20             at any time for purposes of verifying the offender's
21             compliance  with  the conditions of his confinement;
22             and
23                  (iii)  if further deemed necessary by the court
24             or the Probation or Court  Services  Department,  be
25             placed  on an approved electronic monitoring device,
26             subject to Article 8A of Chapter V;
27                  (iv)  for persons  convicted  of  any  alcohol,
28             cannabis  or  controlled substance violation who are
29             placed  on  an  approved  monitoring  device  as   a
30             condition of probation or conditional discharge, the
31             court  shall impose a reasonable fee for each day of
32             the use of the device, as established by the  county
33             board  in  subsection  (g)  of  this Section, unless
34             after determining the inability of the  offender  to
 
HB3556 Engrossed            -58-     LRB093 10381 AMC 10635 b
 1             pay  the  fee, the court assesses a lesser fee or no
 2             fee as the case may be. This fee shall be imposed in
 3             addition  to  the  fees  imposed  under  subsections
 4             (g)  and (i)  of this  Section.  The  fee  shall  be
 5             collected  by  the  clerk of the circuit court.  The
 6             clerk of the circuit  court  shall  pay  all  monies
 7             collected  from this fee to the county treasurer for
 8             deposit in the substance abuse services  fund  under
 9             Section 5-1086.1 of the Counties Code; and
10                  (v)  for  persons  convicted  of offenses other
11             than those referenced in clause (iv)  above and  who
12             are  placed  on  an  approved monitoring device as a
13             condition of probation or conditional discharge, the
14             court shall impose a reasonable fee for each day  of
15             the  use of the device, as established by the county
16             board in subsection  (g)  of  this  Section,  unless
17             after  determining the inability of the defendant to
18             pay the fee, the court assesses a lesser fee  or  no
19             fee  as  the case may be.  This fee shall be imposed
20             in addition to the fees  imposed  under  subsections
21             (g)  and  (i)  of  this  Section.   The fee shall be
22             collected by the clerk of the  circuit  court.   The
23             clerk  of  the  circuit  court  shall pay all monies
24             collected from this fee to the county treasurer  who
25             shall  use  the monies collected to defray the costs
26             of corrections.  The county treasurer shall  deposit
27             the  fee  collected  in the county working cash fund
28             under Section 6-27001  or  Section  6-29002  of  the
29             Counties Code, as the case may be.
30             (11)  comply  with  the  terms  and conditions of an
31        order of protection issued by the court pursuant  to  the
32        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
33        hereafter  amended,  or  an order of protection issued by
34        the court of  another  state,  tribe,  or  United  States
 
HB3556 Engrossed            -59-     LRB093 10381 AMC 10635 b
 1        territory.  A  copy  of  the order of protection shall be
 2        transmitted to the probation  officer  or  agency  having
 3        responsibility for the case;
 4             (12)  reimburse  any  "local  anti-crime program" as
 5        defined in Section 7 of the Anti-Crime  Advisory  Council
 6        Act  for  any reasonable expenses incurred by the program
 7        on the offender's case, not to exceed the maximum  amount
 8        of  the  fine  authorized  for  the offense for which the
 9        defendant was sentenced;
10             (13)  contribute a reasonable sum of money,  not  to
11        exceed  the maximum amount of the fine authorized for the
12        offense for which  the  defendant  was  sentenced,  to  a
13        "local  anti-crime  program",  as defined in Section 7 of
14        the Anti-Crime Advisory Council Act;
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;
27             (16)  refrain from having in his  or  her  body  the
28        presence  of  any illicit drug prohibited by the Cannabis
29        Control Act or the Illinois  Controlled  Substances  Act,
30        unless  prescribed  by a physician, and submit samples of
31        his or her blood or urine or both for tests to  determine
32        the presence of any illicit drug.
33        (c)  The  court  may  as  a  condition of probation or of
34    conditional discharge require that a person under 18 years of
 
HB3556 Engrossed            -60-     LRB093 10381 AMC 10635 b
 1    age found guilty  of  any  alcohol,  cannabis  or  controlled
 2    substance   violation,  refrain  from  acquiring  a  driver's
 3    license  during  the  period  of  probation  or   conditional
 4    discharge.   If  such  person is in possession of a permit or
 5    license, the court may require that the  minor  refrain  from
 6    driving  or  operating any motor vehicle during the period of
 7    probation  or  conditional  discharge,  except  as   may   be
 8    necessary in the course of the minor's lawful employment.
 9        (d)  An offender sentenced to probation or to conditional
10    discharge  shall  be  given  a  certificate setting forth the
11    conditions thereof.
12        (e)  Except where the offender has committed a fourth  or
13    subsequent  violation  of subsection (c)  of Section 6-303 of
14    the Illinois Vehicle Code, the court shall not require  as  a
15    condition   of  the  sentence  of  probation  or  conditional
16    discharge that the offender  be  committed  to  a  period  of
17    imprisonment  in excess of 6 months. This 6 month limit shall
18    not include  periods  of  confinement  given  pursuant  to  a
19    sentence   of   county  impact  incarceration  under  Section
20    5-8-1.2. This 6 month  limit  does  not  apply  to  a  person
21    sentenced  to  probation  as  a  result  of a conviction of a
22    fourth or subsequent violation of subsection (c-4) of Section
23    11-501 of the Illinois Vehicle Code or a similar provision of
24    a local ordinance.
25        Persons committed  to  imprisonment  as  a  condition  of
26    probation  or conditional discharge shall not be committed to
27    the Department of Corrections.
28        (f)  The  court  may  combine  a  sentence  of   periodic
29    imprisonment under Article 7 or a sentence to a county impact
30    incarceration  program  under  Article  8  with a sentence of
31    probation or conditional discharge.
32        (g)  An offender sentenced to probation or to conditional
33    discharge  and  who  during  the  term  of  either  undergoes
34    mandatory drug or alcohol testing, or both, or is assigned to
 
HB3556 Engrossed            -61-     LRB093 10381 AMC 10635 b
 1    be placed on an approved electronic monitoring device,  shall
 2    be ordered to pay all costs incidental to such mandatory drug
 3    or alcohol testing, or both, and all costs incidental to such
 4    approved   electronic   monitoring  in  accordance  with  the
 5    defendant's ability to pay those  costs.   The  county  board
 6    with  the  concurrence  of  the  Chief  Judge of the judicial
 7    circuit in  which  the  county  is  located  shall  establish
 8    reasonable  fees  for  the  cost of maintenance, testing, and
 9    incidental expenses related to the mandatory drug or  alcohol
10    testing,  or  both,  and  all  costs  incidental  to approved
11    electronic monitoring, involved  in  a  successful  probation
12    program  for  the county.  The concurrence of the Chief Judge
13    shall be in the form of an  administrative  order.  The  fees
14    shall  be  collected  by the clerk of the circuit court.  The
15    clerk of the circuit court shall  pay  all  moneys  collected
16    from  these  fees  to  the county treasurer who shall use the
17    moneys collected to defray the costs of drug testing, alcohol
18    testing, and  electronic  monitoring.  The  county  treasurer
19    shall  deposit  the fees collected in the county working cash
20    fund under Section 6-27001 or Section 6-29002 of the Counties
21    Code, as the case may be.
22        (h)  Jurisdiction over an  offender  may  be  transferred
23    from  the  sentencing  court  to the court of another circuit
24    with the concurrence of both courts.   Further  transfers  or
25    retransfers  of  jurisdiction are also authorized in the same
26    manner.  The court to which jurisdiction has been transferred
27    shall have the same powers as the sentencing court.
28        (i)  The court shall impose upon an offender sentenced to
29    probation after January 1, 1989 or to  conditional  discharge
30    after  January  1,  1992, as a condition of such probation or
31    conditional discharge,  a  fee  of  $25  for  each  month  of
32    probation or conditional discharge supervision ordered by the
33    court,  unless  after determining the inability of the person
34    sentenced to probation or conditional discharge  to  pay  the
 
HB3556 Engrossed            -62-     LRB093 10381 AMC 10635 b
 1    fee,  the  court  assesses  a  lesser  fee. The court may not
 2    impose the fee on a minor who is made a  ward  of  the  State
 3    under  the  Juvenile  Court Act of 1987 while the minor is in
 4    placement. The fee shall be imposed only upon an offender who
 5    is actively supervised by the probation  and  court  services
 6    department.   The  fee shall be collected by the clerk of the
 7    circuit court.  The clerk of the circuit court shall pay  all
 8    monies  collected  from  this fee to the county treasurer for
 9    deposit in  the  probation  and  court  services  fund  under
10    Section 15.1 of the Probation and Probation Officers Act.
11        (j)  All  fines  and costs imposed under this Section for
12    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
13    Vehicle  Code,  or  a similar provision of a local ordinance,
14    and any violation of the Child Passenger Protection Act, or a
15    similar provision of a local ordinance,  shall  be  collected
16    and  disbursed by the circuit clerk as provided under Section
17    27.5 of the Clerks of Courts Act.
18    (Source: P.A. 91-325, eff.  7-29-99;  91-696,  eff.  4-13-00;
19    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
20    8-10-01;  92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
21    eff. 6-26-02; 92-651, eff. 7-11-02.)

22        (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
23        Sec. 5-7-1.  Sentence of Periodic Imprisonment.
24        (a)  A sentence of periodic imprisonment is a sentence of
25    imprisonment  during  which  the  committed  person  may   be
26    released  for  periods of time during the day or night or for
27    periods of days, or both, or if convicted of a felony,  other
28    than  first  degree  murder,  a  Class  X  or Class 1 felony,
29    committed to any county, municipal, or regional  correctional
30    or  detention  institution or facility in this State for such
31    periods of time as the court may  direct.  Unless  the  court
32    orders  otherwise,  the  particular  times  and conditions of
33    release shall be determined by the Department of Corrections,
 
HB3556 Engrossed            -63-     LRB093 10381 AMC 10635 b
 1    the  sheriff,  or  the  Superintendent  of   the   house   of
 2    corrections, who is administering the program.
 3        (b)  A  sentence  of periodic imprisonment may be imposed
 4    to permit the defendant to:
 5             (1)  seek employment;
 6             (2)  work;
 7             (3)  conduct  a  business  or  other   self-employed
 8        occupation including housekeeping;
 9             (4)  attend to family needs;
10             (5)  attend  an  educational  institution, including
11        vocational education;
12             (6)  obtain medical or psychological treatment;
13             (7)  perform work duties at a county, municipal,  or
14        regional   correctional   or   detention  institution  or
15        facility;
16             (8)  continue to reside  at  home  with  or  without
17        supervision  involving  the use of an approved electronic
18        monitoring device, subject to Article 8A of Chapter V; or
19             (9)  for any other purpose determined by the court.
20        (c)  Except where prohibited by other provisions of  this
21    Code,   the   court   may   impose  a  sentence  of  periodic
22    imprisonment for a felony or misdemeanor on a person  who  is
23    17  years  of  age  or  older.  The  court shall not impose a
24    sentence of periodic imprisonment if it imposes a sentence of
25    imprisonment upon the defendant in excess of 90 days.
26        (d)  A sentence of periodic imprisonment shall be  for  a
27    definite  term  of from 3 to 4 years for a Class 1 felony, 18
28    to 30 months for a Class 2 felony, and up to  18  months,  or
29    the  longest  sentence  of imprisonment that could be imposed
30    for the offense, whichever is less, for all  other  offenses;
31    however,  no  person shall be sentenced to a term of periodic
32    imprisonment longer than one year if he  is  committed  to  a
33    county   correctional   institution   or   facility,  and  in
34    conjunction with that sentence participate in a  county  work
 
HB3556 Engrossed            -64-     LRB093 10381 AMC 10635 b
 1    release  program  comparable  to  the  work  and  day release
 2    program provided for in Article 13 of  the  Unified  Code  of
 3    Corrections  in  State  facilities.  The term of the sentence
 4    shall be calculated upon the basis of  the  duration  of  its
 5    term  rather  than upon the basis of the actual days spent in
 6    confinement.  No sentence of periodic imprisonment  shall  be
 7    subject  to  the good time credit provisions of Section 3-6-3
 8    of this Code.
 9        (e)  When  the  court  imposes  a  sentence  of  periodic
10    imprisonment, it shall state:
11             (1)  the term of such sentence;
12             (2)  the days or parts of days which  the  defendant
13        is to be confined;
14             (3)  the conditions.
15        (f)  The  court may issue an order of protection pursuant
16    to the Illinois Domestic Violence Act of 1986 as a  condition
17    of a sentence of periodic imprisonment. The Illinois Domestic
18    Violence  Act  of 1986 shall govern the issuance, enforcement
19    and recording of  orders  of  protection  issued  under  this
20    Section.   A  copy  of  the  order  of  protection  shall  be
21    transmitted to the person or agency having responsibility for
22    the case.
23        (f-5)  An  offender  sentenced  to  a  term  of  periodic
24    imprisonment for a sex offense as defined in the Sex Offender
25    Management  Board  Act  shall  be  required  to  undergo  and
26    successfully complete sex offender treatment by  a  treatment
27    provider  approved  by the Board and conducted in conformance
28    with  the  standards  developed  under   the   Sex   Offender
29    Management Board Act.
30        (g)  An  offender  sentenced to periodic imprisonment who
31    undergoes mandatory drug or alcohol testing, or both,  or  is
32    assigned  to  be  placed on an approved electronic monitoring
33    device, shall be ordered to pay the costs incidental to  such
34    mandatory  drug  or  alcohol  testing,  or  both,  and  costs
 
HB3556 Engrossed            -65-     LRB093 10381 AMC 10635 b
 1    incidental   to   such   approved  electronic  monitoring  in
 2    accordance with the defendant's ability to pay  those  costs.
 3    The  county  board with the concurrence of the Chief Judge of
 4    the judicial circuit in which the  county  is  located  shall
 5    establish  reasonable  fees  for  the  cost  of  maintenance,
 6    testing,  and  incidental  expenses  related to the mandatory
 7    drug or alcohol testing, or both, and all costs incidental to
 8    approved electronic  monitoring,  of  all  offenders  with  a
 9    sentence  of  periodic  imprisonment.  The concurrence of the
10    Chief Judge shall be in the form of an administrative  order.
11    The  fees  shall  be  collected  by  the clerk of the circuit
12    court.  The clerk of the circuit court shall pay  all  moneys
13    collected  from  these fees to the county treasurer who shall
14    use the moneys  collected  to  defray  the  costs  of    drug
15    testing,  alcohol  testing,  and  electronic monitoring.  The
16    county treasurer shall deposit  the  fees  collected  in  the
17    county  working  cash  fund  under Section 6-27001 or Section
18    6-29002 of the Counties Code, as the case may be.
19        (h)  All fees and costs imposed under  this  Section  for
20    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
21    Vehicle Code, or a similar provision of  a  local  ordinance,
22    and any violation of the Child Passenger Protection Act, or a
23    similar  provision  of  a local ordinance, shall be collected
24    and disbursed by the circuit clerk as provided under  Section
25    27.5 of the Clerks of Courts Act.
26        (i)  A  defendant  at  least  17  years  of  age  who  is
27    convicted of a misdemeanor or felony in a county of 3,000,000
28    or more inhabitants and who has not been previously convicted
29    of  a  misdemeanor or a felony and who is sentenced to a term
30    of periodic imprisonment may as a condition  of  his  or  her
31    sentence  be  required  by  the  court  to attend educational
32    courses designed to prepare the defendant for a  high  school
33    diploma and to work toward receiving a high school diploma or
34    to  work toward passing the high school level Test of General
 
HB3556 Engrossed            -66-     LRB093 10381 AMC 10635 b
 1    Educational Development (GED) or to work toward completing  a
 2    vocational  training  program  approved  by  the  court.  The
 3    defendant sentenced to periodic imprisonment  must  attend  a
 4    public  institution of education to obtain the educational or
 5    vocational training required by  this  subsection  (i).   The
 6    defendant  sentenced to a term of periodic imprisonment shall
 7    be required to pay for the cost of the educational courses or
 8    GED test, if a fee is charged for those courses or test.  The
 9    court  shall  revoke the sentence of periodic imprisonment of
10    the  defendant  who  wilfully  fails  to  comply  with   this
11    subsection  (i).   The  court  shall resentence the defendant
12    whose sentence of periodic imprisonment has been  revoked  as
13    provided  in  Section  5-7-2.   This  subsection (i) does not
14    apply to a defendant who has a high  school  diploma  or  has
15    successfully  passed  the  GED test. This subsection (i) does
16    not apply to a defendant who is determined by the court to be
17    developmentally disabled or otherwise mentally  incapable  of
18    completing the educational or vocational program.
19    (Source:  P.A.  89-688,  eff.  6-1-97;  90-399,  eff. 1-1-98;
20    90-655, eff. 7-30-98.)

21        Section 25.  The Probation and Probation Officers Act  is
22    amended by changing Section 15.1 as follows:

23        (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
24        Sec. 15.1.  Probation and Court Services Fund.
25        (a)  The  county treasurer in each county shall establish
26    a probation  and  court  services  fund  consisting  of  fees
27    collected  pursuant  to  subsection  (i) of Section 5-6-3 and
28    subsection (i) of Section 5-6-3.1  of  the  Unified  Code  of
29    Corrections,  subsection (10) of Section 5-615 and subsection
30    (5) of Section 5-715 of the Juvenile Court Act of  1987,  and
31    paragraph  14.3  of  subsection  (b) of Section 110-10 of the
32    Code of Criminal Procedure of 1963.    The  county  treasurer
 
HB3556 Engrossed            -67-     LRB093 10381 AMC 10635 b
 1    shall  disburse monies from the fund only at the direction of
 2    the chief judge of the circuit court in  such  circuit  where
 3    the  county  is located.  The county treasurer of each county
 4    shall, on or before January 10 of each year, submit an annual
 5    report to the Supreme Court.
 6        (b)  Monies in the  probation  and  court  services  fund
 7    shall  be  appropriated by the county board to be used within
 8    the county or jurisdiction where collected in accordance with
 9    policies and guidelines approved by the Supreme Court for the
10    costs  of  operating  the  probation   and   court   services
11    department  or  departments; however, monies in the probation
12    and court services fund shall not be used for the payment  of
13    salaries of probation and court services personnel.
14        (c)  Monies   expended   from  the  probation  and  court
15    services fund shall be  used  to  supplement,  not  supplant,
16    county appropriations for probation and court services.
17        (d)  Interest  earned  on monies deposited in a probation
18    and court services fund may be used by  the  county  for  its
19    ordinary and contingent expenditures.
20        (e)  The  county  board  may  appropriate moneys from the
21    probation and court services fund, upon the direction of  the
22    chief  judge,  to  support  programs  that  are  part  of the
23    continuum of juvenile delinquency intervention programs which
24    are or may be developed within the county.  The  grants  from
25    the  probation  and  court services fund shall be for no more
26    than one year and may be used for any  expenses  attributable
27    to  the program including administration and oversight of the
28    program by the probation department.
29        (f)  The county board may  appropriate  moneys  from  the
30    probation  and court services fund, upon the direction of the
31    chief judge, to support practices endorsed or required  under
32    the  Sex  Offender  Management  Board  Act, including but not
33    limited to sex offender evaluation, treatment, and monitoring
34    programs that are or may be developed within the county.
 
HB3556 Engrossed            -68-     LRB093 10381 AMC 10635 b
 1    (Source: P.A. 92-329, eff. 8-9-01.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.
 
HB3556 Engrossed            -69-     LRB093 10381 AMC 10635 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 4026/10
 4    20 ILCS 4026/15
 5    20 ILCS 4026/16 new
 6    20 ILCS 4026/17 new
 7    20 ILCS 4026/18 new
 8    705 ILCS 405/5-701
 9    705 ILCS 405/5-715
10    725 ILCS 205/8            from Ch. 38, par. 105-8
11    725 ILCS 207/10
12    725 ILCS 207/25
13    725 ILCS 207/30
14    725 ILCS 207/40
15    725 ILCS 207/55
16    725 ILCS 207/60
17    725 ILCS 207/65
18    730 ILCS 5/3-3-7          from Ch. 38, par. 1003-3-7
19    730 ILCS 5/3-6-2          from Ch. 38, par. 1003-6-2
20    730 ILCS 5/3-9-7          from Ch. 38, par. 1003-9-7
21    730 ILCS 5/5-3-1          from Ch. 38, par. 1005-3-1
22    730 ILCS 5/5-3-2          from Ch. 38, par. 1005-3-2
23    730 ILCS 5/5-4-1          from Ch. 38, par. 1005-4-1
24    730 ILCS 5/5-6-3          from Ch. 38, par. 1005-6-3
25    730 ILCS 5/5-7-1          from Ch. 38, par. 1005-7-1
26    730 ILCS 110/15.1         from Ch. 38, par. 204-7.1