093_HB3556enr

 
HB3556 Enrolled                      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, 18, and 19 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;
 
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 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
 
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 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
 
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 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
 
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 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
 
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 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 under any provision of law or from  public
25        or  private  sources  shall  be deposited, and from which
26        funds shall be appropriated for the purposes set forth in
27        Section 19 of this Act, Section 5-6-3 of the Unified Code
28        of  Corrections,  and  Section  3  of  the  Sex  Offender
29        Registration Act, and the remainder shall be appropriated
30        to the Sex Offender Management  Board  for  planning  and
31        research.
32             (4)  The Board shall develop and prescribe a plan to
33        research and analyze the effectiveness of the evaluation,
34        identification,  and  counseling  procedures and programs
 
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 1        developed under this Act.  The Board shall  also  develop
 2        and   prescribe   a  system  for  implementation  of  the
 3        guidelines and standards developed under paragraph (2) of
 4        this subsection (f) and for tracking offenders  who  have
 5        been   subjected   to   evaluation,  identification,  and
 6        treatment counseling under this Act.   In  addition,  the
 7        Board  shall  develop  a  system  for monitoring offender
 8        behaviors and offender adherence to prescribed behavioral
 9        changes.  The results  of  the  tracking  and  behavioral
10        monitoring  shall  be  a  part of any analysis made under
11        this paragraph (4).
12        (g)  The Board may promulgate rules as are  necessary  to
13    carry out the duties of the Board.
14        (h)  The  Board  and  the individual members of the Board
15    shall  be  immune  from  any  liability,  whether  civil   or
16    criminal, for the good faith performance of the duties of the
17    Board as specified in this Section.
18    (Source:  P.A.  90-133,  eff.  7-22-97; 90-793, eff. 8-14-98;
19    91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)

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

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

27        (20 ILCS 4026/18 new)
28        Sec.   18.  Sex   offender   treatment   contracts   with
29    providers.  The county probation department or the Department
30    of Human Services shall not employ or contract with and shall
31    not  allow  a  sex  offender  to  employ or contract with any
32    individual or entity  to provide sex offender  evaluation  or
 
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 1    treatment  services  pursuant  to  this  Act  unless  the sex
 2    offender evaluation or treatment services provided are by  an
 3    individual  approved  by  the  Board  pursuant to item (2) of
 4    subsection (f) of Section 15 of this Act.

 5        (20 ILCS 4026/19 new)
 6        Sec. 19. Sex Offender Management Board Fund.
 7        (a)  Any and all practices  endorsed  or  required  under
 8    this Act, including but not limited to evaluation, treatment,
 9    or monitoring of programs that are or may be developed by the
10    agency  providing supervision, the Department of Corrections,
11    or the Department of Human Services shall be at  the  expense
12    of  the  person evaluated or treated, based upon the person's
13    ability to pay. If it is determined by the  agency  providing
14    supervision, the Department of Corrections, or the Department
15    of  Human  Services that the person does not have the ability
16    to pay for practices endorsed or required by  this  Act,  the
17    agency  providing  supervision  of  the  sex  offender  shall
18    request   reimbursement   for   services.  The  Sex  Offender
19    Management  Board  shall   provide   the   agency   providing
20    supervision, the Department of Corrections, or the Department
21    of  Human Services with factors to be considered and criteria
22    to determine a person's ability  to  pay.  The  Sex  Offender
23    Management  Board shall coordinate the expenditures of moneys
24    from the Sex Offender Management Board Fund  with  any  money
25    expended  by  counties,  the Department of Corrections or the
26    Department of Human Services. The Board shall develop a  plan
27    for the allocation of moneys deposited in this Fund among the
28    agency  providing supervision, the Department of Corrections,
29    or the Department of Human Services.
30        (b)  Up to 20% of this Fund shall be retained by the  Sex
31    Offender Management Board for administrative costs, including
32    staff, incurred pursuant to this Act.
33        (c)  Monies  expended  for  this  Fund  shall  be used to
 
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 1    supplement,  not  replace  offenders'  self-pay,  or   county
 2    appropriations for probation and court services.
 3        (d)  Interest earned on monies deposited in this Fund may
 4    be  used  by  the  Board  for  its  administrative  costs and
 5    expenses.
 6        (e)  In  addition  to  the  funds  provided  by  the  sex
 7    offender, counties, or Departments providing  treatment,  the
 8    Board shall explore funding sources including but not limited
 9    to State, federal, and private funds.

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

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

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

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

29        (725 ILCS 205/8) (from Ch. 38, par. 105-8)
30        Sec.  8.  If  the  respondent  is  found to be a sexually
31    dangerous person then the court shall appoint the Director of
32    Corrections guardian of  the  person  found  to  be  sexually
 
HB3556 Enrolled             -16-     LRB093 10381 AMC 10635 b
 1    dangerous  and  such  person  shall  stand  committed  to the
 2    custody of such guardian.  The  Director  of  Corrections  as
 3    guardian  shall keep safely the person so committed until the
 4    person has recovered and is released as hereinafter provided.
 5    The Director of Corrections as guardian  shall  provide  care
 6    and  treatment  for  the  person committed to him designed to
 7    effect recovery. Any treatment provided  under  this  Section
 8    shall be in conformance with the standards promulgated by the
 9    Sex   Offender  Management  Board  Act  and  conducted  by  a
10    treatment provider approved by the Board.  The  Director  may
11    place  that  ward  in  any  facility  in  the  Department  of
12    Corrections  or  portion  thereof  set aside for the care and
13    treatment of sexually dangerous persons.  The  Department  of
14    Corrections  may  also  request  another  state Department or
15    Agency to examine such person and  upon  such  request,  such
16    Department  or  Agency  shall  make  such examination and the
17    Department of Corrections may, with the consent of the  chief
18    executive   officer  of  such  other  Department  or  Agency,
19    thereupon place such person in the care and treatment of such
20    other Department or Agency.
21    (Source: P.A. 92-786, eff. 8-6-02.)

22        Section  20.  The Sexually Violent Persons Commitment Act
23    is amended by changing Sections 10, 25, 30, 40, 55,  60,  and
24    65 as follows:

25        (725 ILCS 207/10)
26        Sec.  10.   Notice  to  the  Attorney General and State's
27    Attorney.
28        (a)  In this Act, "agency with  jurisdiction"  means  the
29    agency with the authority or duty to release or discharge the
30    person.
31        (b)  If  an  agency  with  jurisdiction  has  control  or
32    custody   over  a  person  who  may  meet  the  criteria  for
 
HB3556 Enrolled             -17-     LRB093 10381 AMC 10635 b
 1    commitment as a sexually  violent  person,  the  agency  with
 2    jurisdiction  shall  inform  the  Attorney  General  and  the
 3    State's  Attorney  in  a  position  to  file a petition under
 4    paragraph (a)(2) of Section 15  of  this  Act  regarding  the
 5    person  as  soon  as possible beginning 3 months prior to the
 6    applicable date of the following:
 7             (1)  The anticipated release  from  imprisonment  or
 8        the  anticipated  entry into mandatory supervised release
 9        of a person who has been convicted of a sexually  violent
10        offense.
11             (2)  The  anticipated  release  from a Department of
12        Corrections    correctional    facility    or    juvenile
13        correctional facility of a person adjudicated  delinquent
14        under Section 5-20 of the Juvenile Court Act of 1987 (now
15        repealed)  or  found  guilty  under Section 5-620 of that
16        Act, on the basis of a sexually violent offense.
17             (3)  The  discharge  or  conditional  release  of  a
18        person who has  been  found  not  guilty  of  a  sexually
19        violent offense by reason of insanity under Section 5-2-4
20        of the Unified Code of Corrections.
21        (c)  The  agency  with  jurisdiction  shall  provide  the
22    Attorney  General  and  the  State's Attorney with all of the
23    following:
24             (1)  The   person's   name,   identifying   factors,
25        anticipated future residence and offense history;
26             (2)  A  comprehensive  evaluation  of  the  person's
27        mental condition, the basis upon  which  a  determination
28        has  been  made  that the person is subject to commitment
29        under subsection (b) of Section 15  of  this  Act  and  a
30        recommendation  for action in furtherance of the purposes
31        of this  Act.   The  evaluation  shall  be  conducted  in
32        conformance  with  the  standards developed under the Sex
33        Offender  Management  Board  Act  and  by  an   evaluator
34        approved by the Board; and
 
HB3556 Enrolled             -18-     LRB093 10381 AMC 10635 b
 1             (3)  If  applicable,  documentation of any treatment
 2        and  the  person's  adjustment   to   any   institutional
 3        placement.
 4        (d)  Any  agency  or  officer,  employee  or  agent of an
 5    agency is immune from criminal or  civil  liability  for  any
 6    acts  or  omissions  as  the result of a good faith effort to
 7    comply with this Section.
 8    (Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
 9    91-357, eff. 7-29-99.)

10        (725 ILCS 207/25)
11        Sec. 25.  Rights of persons subject to petition.
12        (a)  Any  person  who  is the subject of a petition filed
13    under Section 15 of this Act shall be served with a  copy  of
14    the petition in accordance with the Civil Practice Law.
15        (b)  The  circuit court in which a petition under Section
16    15 of this Act is filed shall conduct all hearings under this
17    Act.   The court shall give the person who is the subject  of
18    the  petition reasonable notice of the time and place of each
19    such hearing.  The court may designate additional persons  to
20    receive these notices.
21        (c)  Except as provided in paragraph (b)(1) of Section 65
22    and  Section  70  of this Act, at any hearing conducted under
23    this Act, the person who is the subject of the  petition  has
24    the right to:
25             (1)  To be present and to be represented by counsel.
26        If  the  person  is  indigent,  the  court  shall appoint
27        counsel.
28             (2)  Remain silent.
29             (3)  Present and cross-examine witnesses.
30             (4)  Have the hearing recorded by a court reporter.
31        (d)  The person who is the subject of the  petition,  the
32    person's  attorney,  the  Attorney  General  or  the  State's
33    Attorney  may  request  that a trial under Section 35 of this
 
HB3556 Enrolled             -19-     LRB093 10381 AMC 10635 b
 1    Act be to a jury.  A verdict of a jury under this Act is  not
 2    valid unless it is unanimous.
 3        (e)  Whenever  the  person  who  is  the  subject  of the
 4    petition is required to submit to an examination  under  this
 5    Act,  he or she may retain experts or professional persons to
 6    perform an examination.  The  respondent's  chosen  evaluator
 7    must be approved by the Sex Offender Management Board and the
 8    evaluation   must   be  conducted  in  conformance  with  the
 9    standards developed under the Sex Offender  Management  Board
10    Act.      If   the  person  retains  a  qualified  expert  or
11    professional person of his or her own choice  to  conduct  an
12    examination, the examiner shall have reasonable access to the
13    person  for the purpose of the examination, as well as to the
14    person's past  and  present  treatment  records  and  patient
15    health  care  records.   If the person is indigent, the court
16    shall, upon the person's request,  appoint  a  qualified  and
17    available   expert  or  professional  person  to  perform  an
18    examination.  Upon the order of the circuit court, the county
19    shall pay, as part of the costs of the action, the costs of a
20    court-appointed expert or professional person to  perform  an
21    examination  and  participate  in  the  trial on behalf of an
22    indigent person.
23    (Source: P.A. 90-40, eff. 1-1-98.)

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

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

 8        (725 ILCS 207/55)
 9        Sec. 55.  Periodic reexamination; report.
10        (a)  If a person has been committed under Section  40  of
11    this Act and has not been discharged under Section 65 of this
12    Act,  the  Department  shall conduct an examination of his or
13    her  mental  condition  within  6  months  after  an  initial
14    commitment under Section 40 and then at least once  every  12
15    months  from  the  completion  of the last evaluation for the
16    purpose of determining whether the person has made sufficient
17    progress to be conditionally released or discharged.  At  the
18    time  of  a  reexamination under this Section, the person who
19    has been committed may retain or, if he or  she  is  indigent
20    and  so requests, the court may appoint a qualified expert or
21    a professional person to examine him or her.
22        (b)  Any examiner conducting an  examination  under  this
23    Section  shall prepare a written report of the examination no
24    later than 30 days after the date of  the  examination.   The
25    examiner  shall  place  a  copy of the report in the person's
26    health care records and shall provide a copy of the report to
27    the court that committed the person  under  Section  40.  The
28    examination  shall  be  conducted  in  conformance  with  the
29    standards  developed  under the Sex Offender Management Board
30    Act and by an evaluator approved by the Board.
31        (c)  Notwithstanding subsection (a) of this Section,  the
32    court  that  committed  a person under Section 40 may order a
33    reexamination of the person at any time during the period  in
 
HB3556 Enrolled             -31-     LRB093 10381 AMC 10635 b
 1    which the person is subject to the commitment order.
 2        (d)  Petitions  for  discharge  after  reexamination must
 3    follow the procedure outlined in Section 65 of this Act.
 4    (Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
 5    91-227, eff. 1-1-00; 91-875, eff. 6-30-00.)

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

 6        (725 ILCS 207/65)
 7        Sec. 65.  Petition for discharge; procedure.
 8        (a)(1)  If the Secretary determines at any  time  that  a
 9    person  committed  under  this  Act  is  no longer a sexually
10    violent person, the Secretary shall authorize the  person  to
11    petition  the  committing  court  for  discharge.  The person
12    shall file the petition with the court and serve a copy  upon
13    the  Attorney  General  or the State's Attorney's office that
14    filed the petition under subsection (a) of Section 15 of this
15    Act, whichever is applicable.  The court, upon receipt of the
16    petition for discharge, shall order  a  hearing  to  be  held
17    within 45 days after the date of receipt of the petition.
18        (2)  At  a  hearing  under  this subsection, the Attorney
19    General or State's Attorney,  whichever  filed  the  original
20    petition,  shall represent the State and shall have the right
21    to have the petitioner examined by an expert or  professional
22    person  of  his  or  her  choice.   The  examination shall be
23    conducted in conformance with the standards  developed  under
24    the  Sex  Offender  Management  Board Act and by an evaluator
25    approved by the Board.  The committed person or the State may
26    elect to have the hearing before a jury.  The State  has  the
27    burden  of  proving by clear and convincing evidence that the
28    petitioner is still a sexually violent person.
29        (3)  If the court or jury is satisfied that the State has
30    not met its burden of proof under paragraph  (a)(2)  of  this
31    Section,  the petitioner shall be discharged from the custody
32    or supervision of the Department.  If the court is  satisfied
33    that  the  State  has met its burden of proof under paragraph
 
HB3556 Enrolled             -35-     LRB093 10381 AMC 10635 b
 1    (a)(2), the court may proceed under Section 40 of this Act to
 2    determine  whether  to  modify  the   petitioner's   existing
 3    commitment order.
 4        (b)(1)  A  person  may  petition the committing court for
 5    discharge from custody or supervision without the Secretary's
 6    approval.  At the time of an examination under subsection (a)
 7    of Section 55 of this Act, the Secretary  shall  provide  the
 8    committed  person with a written notice of the person's right
 9    to petition the court  for  discharge  over  the  Secretary's
10    objection.  The notice shall contain a waiver of rights.  The
11    Secretary  shall  forward  the  notice and waiver form to the
12    court with the report of the Department's  examination  under
13    Section 55 of this Act.  If the person does not affirmatively
14    waive  the  right to petition, the court shall set a probable
15    cause hearing to determine whether facts exist that warrant a
16    hearing on whether the person is  still  a  sexually  violent
17    person.  If  a person does not file a petition for discharge,
18    yet fails to waive the right to petition under this  Section,
19    then  the probable cause hearing consists only of a review of
20    the reexamination reports and  arguments  on  behalf  of  the
21    parties. The committed person has a right to have an attorney
22    represent  him  or her at the probable cause hearing, but the
23    person is not entitled to be present at  the  probable  cause
24    hearing.  The  probable cause hearing under this Section must
25    be held within 45 days of the  filing  of  the  reexamination
26    report under Section 55 of this Act.
27        (2)  If  the  court  determines  at  the  probable  cause
28    hearing  under paragraph (b)(1) of this Section that probable
29    cause exists to believe  that  the  committed  person  is  no
30    longer  a sexually violent person, then the court shall set a
31    hearing on the issue. At a hearing under  this  Section,  the
32    committed person is entitled to be present and to the benefit
33    of the protections afforded to the person under Section 25 of
34    this Act. The committed person or the State may elect to have
 
HB3556 Enrolled             -36-     LRB093 10381 AMC 10635 b
 1    a  hearing  under this Section before a jury.  A verdict of a
 2    jury under this Section is not valid unless it is  unanimous.
 3    The Attorney General or State's Attorney, whichever filed the
 4    original  petition,  shall  represent  the State at a hearing
 5    under this Section.   The State has the  right  to  have  the
 6    committed  person  evaluated  by experts chosen by the State.
 7    The examination shall be conducted in  conformance  with  the
 8    standards  developed  under the Sex Offender Management Board
 9    Act and by  an  evaluator  approved  by  the  Board.  At  the
10    hearing,  the  State  has  the burden of proving by clear and
11    convincing evidence that the  committed  person  is  still  a
12    sexually violent person.
13        (3)  If the court or jury is satisfied that the State has
14    not  met  its  burden of proof under paragraph (b)(2) of this
15    Section, the person shall be discharged from the  custody  or
16    supervision  of  the  Department.   If  the  court or jury is
17    satisfied that the State has met its burden  of  proof  under
18    paragraph (b)(2) of this Section, the court may proceed under
19    Section  40  of  this  Act to determine whether to modify the
20    person's existing commitment order.
21    (Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.)

22        Section  22.  The Unified Code of Corrections is  amended
23    by  changing  Sections  3-3-7,  3-6-2,  3-9-7,  5-3-1, 5-3-2,
24    5-4-1, 5-6-3, and 5-7-1 as follows:

25        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
26        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
27    Release.
28        (a)  The conditions of  parole  or  mandatory  supervised
29    release  shall  be  such  as  the Prisoner Review Board deems
30    necessary to assist the  subject  in  leading  a  law-abiding
31    life. The conditions of every parole and mandatory supervised
32    release are that the subject:
 
HB3556 Enrolled             -37-     LRB093 10381 AMC 10635 b
 1             (1)  not   violate   any  criminal  statute  of  any
 2        jurisdiction during the parole or release term;
 3             (2)  refrain from  possessing  a  firearm  or  other
 4        dangerous weapon;
 5             (3)  report   to  an  agent  of  the  Department  of
 6        Corrections;
 7             (4)  permit the agent to visit him or her at his  or
 8        her   home,   employment,  or  elsewhere  to  the  extent
 9        necessary for the agent to discharge his or her duties;
10             (5)  attend or reside in a facility established  for
11        the  instruction  or  residence  of  persons on parole or
12        mandatory supervised release;
13             (6)  secure permission before visiting or writing  a
14        committed person in an Illinois Department of Corrections
15        facility;
16             (7)  report   all   arrests   to  an  agent  of  the
17        Department of Corrections as soon  as  permitted  by  the
18        arresting  authority  but in no event later than 24 hours
19        after release from custody;
20             (7.5)  if convicted of a sex offense as  defined  in
21        the  Sex  Offender  Management  Board Act, the individual
22        shall undergo  and  successfully  complete  sex  offender
23        treatment  conducted  in  conformance  with the standards
24        developed by the Sex Offender Management Board Act  by  a
25        treatment provider approved by the Board;
26             (8)  obtain permission of an agent of the Department
27        of Corrections before leaving the State of Illinois;
28             (9)  obtain permission of an agent of the Department
29        of  Corrections  before  changing his or her residence or
30        employment;
31             (10)  consent to a search  of  his  or  her  person,
32        property, or residence under his or her control;
33             (11)  refrain   from   the   use  or  possession  of
34        narcotics or other controlled substances in any form,  or
 
HB3556 Enrolled             -38-     LRB093 10381 AMC 10635 b
 1        both,  or  any  paraphernalia related to those substances
 2        and submit to a urinalysis test as instructed by a parole
 3        agent of the Department of Corrections;
 4             (12)  not   frequent   places    where    controlled
 5        substances  are  illegally  sold,  used,  distributed, or
 6        administered;
 7             (13)  not knowingly associate with other persons  on
 8        parole  or  mandatory  supervised  release  without prior
 9        written permission of his or her  parole  agent  and  not
10        associate  with  persons  who are members of an organized
11        gang as that term is defined in the  Illinois  Streetgang
12        Terrorism Omnibus Prevention Act;
13             (14)  provide  true  and accurate information, as it
14        relates to his or her adjustment in the  community  while
15        on  parole  or  mandatory supervised release or to his or
16        her conduct while incarcerated, in response to  inquiries
17        by  his  or  her  parole  agent  or  of the Department of
18        Corrections; and
19             (15)  follow any specific instructions  provided  by
20        the  parole  agent  that  are  consistent with furthering
21        conditions set and approved by the Prisoner Review  Board
22        or   by   law,   exclusive  of  placement  on  electronic
23        detention, to achieve the goals and objectives of his  or
24        her  parole or mandatory supervised release or to protect
25        the public. These instructions by the parole agent may be
26        modified at any time, as the agent deems appropriate.
27        (b)  The  Board  may  in  addition  to  other  conditions
28    require that the subject:
29             (1)  work or pursue a course of study or  vocational
30        training;
31             (2)  undergo  medical  or  psychiatric treatment, or
32        treatment for drug addiction or alcoholism;
33             (3)  attend or reside in a facility established  for
34        the  instruction  or residence of persons on probation or
 
HB3556 Enrolled             -39-     LRB093 10381 AMC 10635 b
 1        parole;
 2             (4)  support his dependents;
 3             (5)  (blank);
 4             (6)  (blank);
 5             (7)  comply with the  terms  and  conditions  of  an
 6        order  of  protection  issued  pursuant  to  the Illinois
 7        Domestic Violence  Act  of  1986,  enacted  by  the  84th
 8        General Assembly, or an order of protection issued by the
 9        court   of   another   state,  tribe,  or  United  States
10        territory; and
11             (8)  in addition, if a minor:
12                  (i)  reside with his parents  or  in  a  foster
13             home;
14                  (ii)  attend school;
15                  (iii)  attend  a  non-residential  program  for
16             youth; or
17                  (iv)  contribute  to his own support at home or
18             in a foster home.
19        (c)  The conditions under which the parole  or  mandatory
20    supervised  release  is to be served shall be communicated to
21    the person in writing prior to his release, and he shall sign
22    the same before release. A signed copy of  these  conditions,
23    including a copy of an order of protection where one had been
24    issued by the criminal court, shall be retained by the person
25    and  another  copy  forwarded to the officer in charge of his
26    supervision.
27        (d)  After a hearing under Section  3-3-9,  the  Prisoner
28    Review   Board may modify or enlarge the conditions of parole
29    or mandatory supervised release.
30        (e)  The Department shall inform all offenders  committed
31    to  the Department of the optional services available to them
32    upon release and shall assist inmates in availing  themselves
33    of  such  optional services upon their release on a voluntary
34    basis.



 
HB3556 Enrolled             -40-     LRB093 10381 AMC 10635 b
 1    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

 2        (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
 3        Sec. 3-6-2.  Institutions and Facility Administration.
 4        (a)  Each institution  and  facility  of  the  Department
 5    shall  be  administered  by  a  chief  administrative officer
 6    appointed by the Director.  A  chief  administrative  officer
 7    shall   be  responsible  for  all  persons  assigned  to  the
 8    institution or facility.  The  chief  administrative  officer
 9    shall  administer  the  programs  of  the  Department for the
10    custody and treatment of such persons.
11        (b)  The chief administrative  officer  shall  have  such
12    assistants as the Department may assign.
13        (c)  The  Director  or  Assistant Director shall have the
14    emergency powers to temporarily transfer individuals  without
15    formal procedures to any State, county, municipal or regional
16    correctional  or  detention  institution  or  facility in the
17    State,  subject  to  the   acceptance   of   such   receiving
18    institution  or  facility,  or  to  designate  any reasonably
19    secure place in the State as such an institution or  facility
20    and  to make transfers thereto. However, transfers made under
21    emergency powers shall be reviewed  as  soon  as  practicable
22    under Article 8, and shall be subject to Section 5-905 of the
23    Juvenile  Court Act of 1987.  This Section shall not apply to
24    transfers to the  Department  of  Human  Services  which  are
25    provided for under Section 3-8-5 or Section 3-10-5.
26        (d)  The  Department  shall  provide educational programs
27    for all  committed  persons  so  that  all  persons  have  an
28    opportunity to attain the achievement level equivalent to the
29    completion  of  the twelfth grade in the public school system
30    in this State. Other higher levels  of  attainment  shall  be
31    encouraged  and  professional instruction shall be maintained
32    wherever possible. The Department may establish  programs  of
33    mandatory  education  and may establish rules and regulations
 
HB3556 Enrolled             -41-     LRB093 10381 AMC 10635 b
 1    for the administration of such programs. A  person  committed
 2    to  the  Department  who,  during  the  period  of his or her
 3    incarceration,  participates  in   an   educational   program
 4    provided  by  or  through  the  Department  and  through that
 5    program is awarded or earns the number  of  hours  of  credit
 6    required  for  the  award  of an associate, baccalaureate, or
 7    higher  degree  from  a  community   college,   college,   or
 8    university  located  in  Illinois  shall reimburse the State,
 9    through the Department, for the costs incurred by  the  State
10    in providing that person during his or her incarceration with
11    the education that qualifies him or her for the award of that
12    degree.   The costs for which reimbursement is required under
13    this subsection shall  be  determined  and  computed  by  the
14    Department   under   rules  and  regulations  that  it  shall
15    establish for that purpose.  However, interest at the rate of
16    6% per annum shall be charged on the balance of  those  costs
17    from  time  to  time  remaining  unpaid, from the date of the
18    person's parole, mandatory  supervised  release,  or  release
19    constituting  a final termination of his or her commitment to
20    the Department until paid.
21        (e)  A person committed to the Department who becomes  in
22    need  of  medical  or  surgical treatment but is incapable of
23    giving consent thereto shall receive such medical or surgical
24    treatment by the chief administrative officer  consenting  on
25    the  person's behalf. Before the chief administrative officer
26    consents, he or she shall obtain the advice of  one  or  more
27    physicians  licensed to practice medicine in all its branches
28    in this State.  If such physician or physicians advise:
29             (1)  that immediate medical or surgical treatment is
30        required relative to a  condition  threatening  to  cause
31        death,  damage  or  impairment  to  bodily  functions, or
32        disfigurement; and
33             (2)  that  the  person  is  not  capable  of  giving
34        consent  to  such  treatment;  the  chief  administrative
 
HB3556 Enrolled             -42-     LRB093 10381 AMC 10635 b
 1        officer may give consent for  such  medical  or  surgical
 2        treatment,  and  such  consent  shall be deemed to be the
 3        consent of the person for all  purposes,  including,  but
 4        not limited to, the authority of a physician to give such
 5        treatment.
 6        (f)  In  the  event that the person requires medical care
 7    and treatment at  a  place  other  than  the  institution  or
 8    facility,   the   person   may  be  removed  therefrom  under
 9    conditions prescribed by the Department. The Department shall
10    require the committed  person  receiving  medical  or  dental
11    services  on  a non-emergency basis to pay a $2 co-payment to
12    the Department for each visit for medical or dental services.
13    The amount of each co-payment  shall  be  deducted  from  the
14    committed person's individual account. A committed person who
15    has  a  chronic  illness,  as defined by Department rules and
16    regulations, shall be  exempt  from  the  $2  co-payment  for
17    treatment  of  the chronic illness.  A committed person shall
18    not be subject  to  a  $2  co-payment  for  follow-up  visits
19    ordered  by  a  physician,  who  is employed by, or contracts
20    with, the Department.  A committed person who is indigent  is
21    exempt  from  the  $2  co-payment  and is entitled to receive
22    medical or dental services on the same basis as  a  committed
23    person  who  is  financially  able  to afford the co-payment.
24    Notwithstanding any other provision in this subsection (f) to
25    the contrary, any person committed to any  facility  operated
26    by  the  Juvenile Division, as set forth in subsection (b) of
27    Section 3-2-5 of this Code, is  exempt  from  the  co-payment
28    requirement   for   the  duration  of  confinement  in  those
29    facilities.
30        (g)  Any person having sole custody of  a  child  at  the
31    time of commitment or any woman giving birth to a child after
32    her   commitment,  may  arrange  through  the  Department  of
33    Children and Family Services for suitable  placement  of  the
34    child  outside of the Department of Corrections. The Director
 
HB3556 Enrolled             -43-     LRB093 10381 AMC 10635 b
 1    of the Department of Corrections may determine that there are
 2    special reasons why the child should continue in the  custody
 3    of the mother until the child is 6 years old.
 4        (h)  The  Department  may  provide  Family Responsibility
 5    Services which may consist of, but  not  be  limited  to  the
 6    following:
 7             (1)  family advocacy counseling;
 8             (2)  parent self-help group;
 9             (3)  parenting skills training;
10             (4)  parent and child overnight program;
11             (5)  parent   and  child  reunification  counseling,
12        either separately or  together,  preceding  the  inmate's
13        release; and
14             (6)  a  prerelease  reunification staffing involving
15        the  family   advocate,  the  inmate  and   the   child's
16        counselor, or both and the inmate.
17        (i)  Prior  to  the  release  of  any  inmate  who  has a
18    documented history of intravenous  drug  use,  and  upon  the
19    receipt  of  that  inmate's  written  informed  consent,  the
20    Department  shall  provide for the testing of such inmate for
21    infection with human immunodeficiency  virus  (HIV)  and  any
22    other identified causative agent of acquired immunodeficiency
23    syndrome  (AIDS).  The testing provided under this subsection
24    shall consist of an enzyme-linked immunosorbent assay (ELISA)
25    test or such other test as may be approved  by  the  Illinois
26    Department  of Public Health. If the test result is positive,
27    the Western Blot Assay or  more  reliable  confirmatory  test
28    shall  be administered. All inmates tested in accordance with
29    the provisions of this  subsection  shall  be  provided  with
30    pre-test   and   post-test  counseling.  Notwithstanding  any
31    provision of this subsection to the contrary, the  Department
32    shall  not  be required to conduct the testing and counseling
33    required by this subsection unless sufficient funds to  cover
34    all costs of such testing and counseling are appropriated for
 
HB3556 Enrolled             -44-     LRB093 10381 AMC 10635 b
 1    that purpose by the General Assembly.
 2        (j)  Any  person convicted of a sex offense as defined in
 3    the Sex Offender Management Board Act shall  be  required  to
 4    receive  a  sex offender evaluation prior to release into the
 5    community  from  the  Department  of  Corrections.   The  sex
 6    offender evaluation shall be conducted  in  conformance  with
 7    the standards and guidelines developed under the Sex Offender
 8    Management  Board  Act  and  by  an evaluator approved by the
 9    Board.
10        (k)  Any   minor   committed   to   the   Department   of
11    Corrections-Juvenile Division for a sex offense as defined by
12    the Sex Offender Management Board Act shall  be  required  to
13    undergo  sex  offender  treatment  by  a  treatment  provider
14    approved  by  the Board and conducted in conformance with the
15    Sex Offender Management Board Act.
16    (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)

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

30        (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
31        Sec.  5-3-1. Presentence Investigation. A defendant shall
32    not be sentenced for a felony before  a  written  presentence
 
HB3556 Enrolled             -45-     LRB093 10381 AMC 10635 b
 1    report of investigation is presented to and considered by the
 2    court.
 3        However,  in  cases  other  than  felony  sex offenses as
 4    defined in the Sex Offender Management Board Act,  the  court
 5    need  not  order  a presentence report of investigation where
 6    both parties agree to the imposition of a specific  sentence,
 7    provided  there  is  a  finding made for the record as to the
 8    defendant's history of delinquency or criminality,  including
 9    any  previous  sentence  to  a  term  of  probation, periodic
10    imprisonment, conditional discharge, or imprisonment.
11        The court may order a presentence  investigation  of  any
12    defendant.
13    (Source: P.A. 80-1099.)

14        (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
15        Sec. 5-3-2.  Presentence Report.
16        (a)  In  felony  cases,  the presentence report shall set
17    forth:
18             (1)  the  defendant's  history  of  delinquency   or
19        criminality,  physical  and mental history and condition,
20        family  situation  and   background,   economic   status,
21        education, occupation and personal habits;
22             (2)  information  about special resources within the
23        community  which  might  be  available  to   assist   the
24        defendant's  rehabilitation, including treatment centers,
25        residential  facilities,  vocational  training  services,
26        correctional manpower programs, employment opportunities,
27        special educational  programs,  alcohol  and  drug  abuse
28        programming,  psychiatric  and  marriage  counseling, and
29        other  programs  and  facilities  which  could  aid   the
30        defendant's successful reintegration into society;
31             (3)  the  effect  the offense committed has had upon
32        the victim  or  victims  thereof,  and  any  compensatory
33        benefit that various sentencing alternatives would confer
 
HB3556 Enrolled             -46-     LRB093 10381 AMC 10635 b
 1        on such victim or victims;
 2             (4)  information  concerning  the defendant's status
 3        since arrest, including his record if released on his own
 4        recognizance, or the defendant's  achievement  record  if
 5        released on a conditional pre-trial supervision program;
 6             (5)  when   appropriate,  a  plan,  based  upon  the
 7        personal, economic and social  adjustment  needs  of  the
 8        defendant,   utilizing   public   and  private  community
 9        resources as an alternative to institutional sentencing;
10             (6)  any  other  matters  that   the   investigatory
11        officer  deems  relevant  or  the  court  directs  to  be
12        included; and
13             (7)  information  concerning defendant's eligibility
14        for a sentence to a county impact  incarceration  program
15        under Section 5-8-1.2 of this Code.
16        (b)  The  investigation  shall  include  a  physical  and
17    mental  examination  of  the defendant when so ordered by the
18    court.  If the court  determines  that  such  an  examination
19    should  be  made,  it shall issue an order that the defendant
20    submit to examination at such time and place as designated by
21    the court  and  that  such  examination  be  conducted  by  a
22    physician,  psychologist  or  psychiatrist  designated by the
23    court.  Such an examination  may  be  conducted  in  a  court
24    clinic  if  so  ordered  by  the  court.   The  cost  of such
25    examination shall be paid by the county in which the trial is
26    held.
27        (b-5)  In cases involving  felony  sex  offenses  or  any
28    felony  offense  that is sexually motivated as defined in the
29    Sex Offender Management Board Act,  the  investigation  shall
30    include a sex offender evaluation by an evaluator approved by
31    the  Board  and  conducted  in conformance with the standards
32    developed under the Sex Offender Management Board Act.
33        (c)  In misdemeanor, business offense  or  petty  offense
34    cases, except as specified in subsection (d) of this Section,
 
HB3556 Enrolled             -47-     LRB093 10381 AMC 10635 b
 1    when a presentence report has been ordered by the court, such
 2    presentence   report   shall   contain   information  on  the
 3    defendant's history of delinquency or criminality  and  shall
 4    further   contain   only  those  matters  listed  in  any  of
 5    paragraphs (1) through (6) of subsection (a) or in subsection
 6    (b) of this Section  as are specified by  the  court  in  its
 7    order for the report.
 8        (d)  In  cases  under  Section 12-15 and Section 12-30 of
 9    the Criminal Code of 1961, as amended, the presentence report
10    shall  set  forth  information  about  alcohol,  drug  abuse,
11    psychiatric,  and  marriage  counseling  or  other  treatment
12    programs  and  facilities,  information  on  the  defendant's
13    history of delinquency  or  criminality,  and  shall  contain
14    those  additional  matters  listed  in  any of paragraphs (1)
15    through (6) of subsection (a) or in subsection  (b)  of  this
16    Section as are specified by the court.
17        (e)  Nothing in this Section shall cause the defendant to
18    be  held  without  bail  or  to have his bail revoked for the
19    purpose of preparing the  presentence  report  or  making  an
20    examination.
21    (Source: P.A. 89-587, eff. 7-31-96.)

22        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
23        Sec. 5-4-1.  Sentencing Hearing.
24        (a)  Except  when  the  death  penalty  is  sought  under
25    hearing procedures otherwise specified, after a determination
26    of  guilt,  a  hearing  shall be held to impose the sentence.
27    However, prior to the imposition of sentence on an individual
28    being sentenced for an offense based  upon  a  charge  for  a
29    violation of Section 11-501 of the Illinois Vehicle Code or a
30    similar  provision  of a local ordinance, the individual must
31    undergo a professional evaluation to determine if an  alcohol
32    or  other  drug abuse problem exists and the extent of such a
33    problem.  Programs  conducting  these  evaluations  shall  be
 
HB3556 Enrolled             -48-     LRB093 10381 AMC 10635 b
 1    licensed  by  the  Department of Human Services.  However, if
 2    the individual is not a resident of Illinois, the court  may,
 3    in its discretion, accept an evaluation from a program in the
 4    state  of  such  individual's residence. The court may in its
 5    sentencing order approve an eligible defendant for  placement
 6    in  a  Department of Corrections impact incarceration program
 7    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
 8    the court shall:
 9             (1)  consider  the  evidence,  if any, received upon
10        the trial;
11             (2)  consider any presentence reports;
12             (3)  consider the financial impact of  incarceration
13        based  on  the  financial impact statement filed with the
14        clerk of the court by the Department of Corrections;
15             (4)  consider evidence and  information  offered  by
16        the parties in aggravation and mitigation;
17             (5)  hear arguments as to sentencing alternatives;
18             (6)  afford  the defendant the opportunity to make a
19        statement in his own behalf;
20             (7)  afford the victim  of  a  violent  crime  or  a
21        violation of Section 11-501 of the Illinois Vehicle Code,
22        or  a  similar  provision  of  a  local  ordinance,  or a
23        qualified individual affected by a violation  of  Section
24        405,  405.1,  405.2,  or  407  of the Illinois Controlled
25        Substances  Act,   committed   by   the   defendant   the
26        opportunity  to make a statement concerning the impact on
27        the victim  and  to  offer  evidence  in  aggravation  or
28        mitigation;  provided  that  the  statement  and evidence
29        offered  in  aggravation  or  mitigation  must  first  be
30        prepared in  writing  in  conjunction  with  the  State's
31        Attorney  before  it  may  be  presented  orally  at  the
32        hearing.  Any  sworn  testimony  offered by the victim is
33        subject to the defendant's right  to  cross-examine.  All
34        statements  and evidence offered under this paragraph (7)
 
HB3556 Enrolled             -49-     LRB093 10381 AMC 10635 b
 1        shall become part of the record of the  court.   For  the
 2        purpose  of  this  paragraph  (7), "qualified individual"
 3        means any person who  (i)  lived  or  worked  within  the
 4        territorial  jurisdiction  where  the  offense took place
 5        when the offense took place; and (ii)  is  familiar  with
 6        various public places within the territorial jurisdiction
 7        where the offense took place when the offense took place.
 8        For  the  purposes  of  this  paragraph  (7),  "qualified
 9        individual"  includes any peace officer, or any member of
10        any duly organized State, county, or municipal peace unit
11        assigned  to  the  territorial  jurisdiction  where   the
12        offense took place when the offense took place; and
13             (8)  in   cases  of  reckless  homicide  afford  the
14        victim's spouse, guardians, parents  or  other  immediate
15        family  members  an  opportunity to make oral statements;
16        and.
17             (9)  in cases involving  a  felony  sex  offense  as
18        defined  under  the  Sex  Offender  Management Board Act,
19        consider the  results  of  the  sex  offender  evaluation
20        conducted pursuant to Section 5-3-2 of this Act.
21        (b)  All  sentences  shall  be imposed by the judge based
22    upon his independent assessment  of  the  elements  specified
23    above  and  any  agreement  as  to  sentence  reached  by the
24    parties.  The judge who presided at the trial  or  the  judge
25    who  accepted  the  plea  of guilty shall impose the sentence
26    unless he is no longer sitting as  a  judge  in  that  court.
27    Where  the judge does not impose sentence at the same time on
28    all defendants  who  are  convicted  as  a  result  of  being
29    involved  in  the  same offense, the defendant or the State's
30    Attorney may advise the sentencing court of  the  disposition
31    of any other defendants who have been sentenced.
32        (c)  In imposing a sentence for a violent crime or for an
33    offense  of  operating  or  being  in  physical  control of a
34    vehicle while under the influence of alcohol, any other  drug
 
HB3556 Enrolled             -50-     LRB093 10381 AMC 10635 b
 1    or any combination thereof, or a similar provision of a local
 2    ordinance,  when such offense resulted in the personal injury
 3    to someone other than the defendant, the  trial  judge  shall
 4    specify  on  the record the particular evidence, information,
 5    factors in mitigation and aggravation or other  reasons  that
 6    led to his sentencing determination. The full verbatim record
 7    of  the  sentencing  hearing shall be filed with the clerk of
 8    the court and shall be a public record.
 9        (c-1)  In  imposing  a  sentence  for  the   offense   of
10    aggravated   kidnapping  for  ransom,  home  invasion,  armed
11    robbery, aggravated vehicular hijacking, aggravated discharge
12    of a firearm, or armed violence with a category I  weapon  or
13    category  II  weapon, the trial judge shall make a finding as
14    to whether the conduct leading to conviction for the  offense
15    resulted  in  great  bodily harm to a victim, and shall enter
16    that finding and the basis for that finding in the record.
17        (c-2)  If the defendant is  sentenced  to  prison,  other
18    than  when  a  sentence  of  natural  life  imprisonment or a
19    sentence of death is imposed, at the  time  the  sentence  is
20    imposed the judge shall state on the record in open court the
21    approximate  period  of  time  the  defendant  will  serve in
22    custody according to the then  current  statutory  rules  and
23    regulations  for  early  release  found  in Section 3-6-3 and
24    other related provisions of this  Code.   This  statement  is
25    intended  solely to inform the public, has no legal effect on
26    the defendant's actual release, and may not be relied  on  by
27    the defendant on appeal.
28        The  judge's statement, to be given after pronouncing the
29    sentence, other than when the sentence is imposed for one  of
30    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
31    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 Enrolled             -51-     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,  assuming the defendant receives all of his or her good
 5    conduct credit, the period of estimated actual custody is ...
 6    years and ... months, less up to  180  days  additional  good
 7    conduct  credit  for  meritorious service.  If the defendant,
 8    because of his or her own misconduct  or  failure  to  comply
 9    with  the  institutional  regulations, does not receive those
10    credits, the actual time served in  prison  will  be  longer.
11    The  defendant  may  also  receive an additional one-half day
12    good  conduct  credit  for  each  day  of  participation   in
13    vocational,   industry,   substance  abuse,  and  educational
14    programs as provided for by Illinois statute."
15        When the sentence is imposed  for  one  of  the  offenses
16    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
17    when  the  sentence  is  imposed  for  one  of  the  offenses
18    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
19    or  after  June 19, 1998, and other than when the sentence is
20    imposed for reckless homicide as defined in subsection (e) of
21    Section 9-3 of the Criminal Code of 1961 if the  offense  was
22    committed  on  or  after January 1, 1999, and other than when
23    the sentence is imposed for aggravated arson if  the  offense
24    was  committed  on  or  after  the  effective  date  of  this
25    amendatory  Act  of  the  92nd  General Assembly, the judge's
26    statement, to be given after pronouncing the sentence,  shall
27    include the following:
28        "The purpose of this statement is to inform the public of
29    the  actual  period of time this defendant is likely to spend
30    in prison as a result of this sentence.  The actual period of
31    prison time served is determined by the statutes of  Illinois
32    as  applied  to  this  sentence by the Illinois Department of
33    Corrections and the Illinois Prisoner Review Board.  In  this
34    case,  assuming the defendant receives all of his or her good
 
HB3556 Enrolled             -52-     LRB093 10381 AMC 10635 b
 1    conduct credit, the period of estimated actual custody is ...
 2    years and ... months, less up  to  90  days  additional  good
 3    conduct  credit  for  meritorious service.  If the defendant,
 4    because of his or her own misconduct  or  failure  to  comply
 5    with  the  institutional  regulations, does not receive those
 6    credits, the actual time served in  prison  will  be  longer.
 7    The  defendant  may  also  receive an additional one-half day
 8    good  conduct  credit  for  each  day  of  participation   in
 9    vocational,   industry,   substance  abuse,  and  educational
10    programs as provided for by Illinois statute."
11        When the sentence is imposed  for  one  of  the  offenses
12    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
13    first degree murder, and the  offense  was  committed  on  or
14    after  June  19,  1998,  and when the sentence is imposed for
15    reckless homicide as defined in subsection (e) of Section 9-3
16    of the Criminal Code of 1961 if the offense was committed  on
17    or  after  January  1, 1999, and when the sentence is imposed
18    for aggravated arson if the offense was committed on or after
19    the effective date of this amendatory Act of the 92nd General
20    Assembly,  the  judge's  statement,   to   be   given   after
21    pronouncing the sentence, 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, the defendant is entitled to no more than 4 1/2 days of
29    good  conduct credit for each month of his or her sentence of
30    imprisonment.  Therefore, this defendant will serve at  least
31    85%  of his or her sentence.  Assuming the defendant receives
32    4 1/2 days credit for each month of his or her sentence,  the
33    period  of  estimated  actual  custody  is  ... years and ...
34    months.   If  the  defendant,  because  of  his  or  her  own
 
HB3556 Enrolled             -53-     LRB093 10381 AMC 10635 b
 1    misconduct  or  failure  to  comply  with  the  institutional
 2    regulations receives lesser credit, the actual time served in
 3    prison will be longer."
 4        When a sentence of  imprisonment  is  imposed  for  first
 5    degree  murder and the offense was committed on or after June
 6    19,  1998,  the  judge's  statement,  to   be   given   after
 7    pronouncing the sentence, shall include the following:
 8        "The purpose of this statement is to inform the public of
 9    the  actual  period of time this defendant is likely to spend
10    in prison as a result of this sentence.  The actual period of
11    prison time served is determined by the statutes of  Illinois
12    as  applied  to  this  sentence by the Illinois Department of
13    Corrections and the Illinois Prisoner Review Board.  In  this
14    case,  the  defendant is not entitled to good conduct credit.
15    Therefore, this defendant will  serve  100%  of  his  or  her
16    sentence."
17        (d)  When the defendant is committed to the Department of
18    Corrections,  the  State's Attorney shall and counsel for the
19    defendant may file a statement with the clerk of the court to
20    be transmitted to the department, agency  or  institution  to
21    which  the defendant is committed to furnish such department,
22    agency or institution with the facts and circumstances of the
23    offense for which the person was committed together with  all
24    other factual information accessible to them in regard to the
25    person  prior  to  his  commitment  relative  to  his habits,
26    associates, disposition and reputation and  any  other  facts
27    and  circumstances  which  may aid such department, agency or
28    institution during its custody of  such  person.   The  clerk
29    shall  within  10  days  after  receiving any such statements
30    transmit a copy to such department, agency or institution and
31    a copy to the other party, provided, however, that this shall
32    not be cause  for  delay  in  conveying  the  person  to  the
33    department,  agency  or  institution  to  which  he  has been
34    committed.
 
HB3556 Enrolled             -54-     LRB093 10381 AMC 10635 b
 1        (e)  The  clerk  of  the  court  shall  transmit  to  the
 2    department, agency or  institution,  if  any,  to  which  the
 3    defendant is committed, the following:
 4             (1)  the sentence imposed;
 5             (2)  any  statement  by  the  court of the basis for
 6        imposing the sentence;
 7             (3)  any presentence reports;
 8             (3.5)  any sex offender evaluations;
 9             (4)  the number of days, if any, which the defendant
10        has been in custody and  for  which  he  is  entitled  to
11        credit  against  the sentence, which information shall be
12        provided to the clerk by the sheriff;
13             (4.1)  any finding of great bodily harm made by  the
14        court with respect to an offense enumerated in subsection
15        (c-1);
16             (5)  all  statements  filed  under subsection (d) of
17        this Section;
18             (6)  any  medical  or  mental  health   records   or
19        summaries of the defendant;
20             (7)  the   municipality  where  the  arrest  of  the
21        offender or the commission of the offense  has  occurred,
22        where  such  municipality  has  a population of more than
23        25,000 persons;
24             (8)  all statements made and evidence offered  under
25        paragraph (7) of subsection (a) of this Section; and
26             (9)  all  additional matters which the court directs
27        the clerk to transmit.
28    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
29    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

30        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
31        Sec.  5-6-3.  Conditions  of Probation and of Conditional
32    Discharge.
33        (a)  The  conditions  of  probation  and  of  conditional
 
HB3556 Enrolled             -55-     LRB093 10381 AMC 10635 b
 1    discharge shall be that the person:
 2             (1)  not  violate  any  criminal  statute   of   any
 3        jurisdiction;
 4             (2)  report  to  or  appear  in  person  before such
 5        person or agency as directed by the court;
 6             (3)  refrain from  possessing  a  firearm  or  other
 7        dangerous weapon;
 8             (4)  not  leave the State without the consent of the
 9        court or, in circumstances in which the  reason  for  the
10        absence is of such an emergency nature that prior consent
11        by   the   court  is  not  possible,  without  the  prior
12        notification  and  approval  of  the  person's  probation
13        officer.  Transfer of a person's probation or conditional
14        discharge supervision to  another  state  is  subject  to
15        acceptance  by the other state pursuant to the Interstate
16        Compact for Adult Offender Supervision;
17             (5)  permit the probation officer to  visit  him  at
18        his   home  or  elsewhere  to  the  extent  necessary  to
19        discharge his duties;
20             (6)  perform no less  than  30  hours  of  community
21        service and not more than 120 hours of community service,
22        if community service is available in the jurisdiction and
23        is  funded  and  approved  by  the county board where the
24        offense was committed, where the offense was  related  to
25        or  in  furtherance  of  the  criminal  activities  of an
26        organized  gang  and  was  motivated  by  the  offender's
27        membership in or allegiance to an  organized  gang.   The
28        community  service  shall include, but not be limited to,
29        the  cleanup  and  repair  of  any  damage  caused  by  a
30        violation of Section 21-1.3 of the Criminal Code of  1961
31        and   similar  damage  to  property  located  within  the
32        municipality or county in which the  violation  occurred.
33        When  possible  and  reasonable,  the  community  service
34        should  be performed in the offender's neighborhood.  For
 
HB3556 Enrolled             -56-     LRB093 10381 AMC 10635 b
 1        purposes  of  this  Section,  "organized  gang"  has  the
 2        meaning ascribed to it in  Section  10  of  the  Illinois
 3        Streetgang Terrorism Omnibus Prevention Act;
 4             (7)  if  he  or  she is at least 17 years of age and
 5        has been sentenced to probation or conditional  discharge
 6        for  a  misdemeanor or felony in a county of 3,000,000 or
 7        more inhabitants and has not been previously convicted of
 8        a  misdemeanor  or  felony,  may  be  required   by   the
 9        sentencing  court  to attend educational courses designed
10        to prepare the defendant for a high school diploma and to
11        work toward a high  school  diploma  or  to  work  toward
12        passing the high school level Test of General Educational
13        Development   (GED)  or   to  work  toward  completing  a
14        vocational training program approved by the  court.   The
15        person  on probation or conditional discharge must attend
16        a  public  institution  of  education   to   obtain   the
17        educational  or  vocational  training  required  by  this
18        clause  (7).   The  court  shall  revoke the probation or
19        conditional discharge of a person who wilfully  fails  to
20        comply  with this clause (7).  The person on probation or
21        conditional discharge shall be required to  pay  for  the
22        cost  of the educational courses or GED test, if a fee is
23        charged for those  courses  or  test.   The  court  shall
24        resentence  the  offender  whose probation or conditional
25        discharge has been revoked as provided in Section  5-6-4.
26        This  clause  (7)  does  not  apply to a person who has a
27        high school diploma or has successfully  passed  the  GED
28        test.  This clause (7)  does not apply to a person who is
29        determined by the court to be developmentally disabled or
30        otherwise   mentally   incapable   of   completing    the
31        educational or vocational program;
32             (8)  if  convicted  of  possession  of  a  substance
33        prohibited  by  the  Cannabis  Control  Act  or  Illinois
34        Controlled  Substances Act after a previous conviction or
 
HB3556 Enrolled             -57-     LRB093 10381 AMC 10635 b
 1        disposition of supervision for possession of a  substance
 2        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 3        Controlled   Substances   Act  or  after  a  sentence  of
 4        probation under Section 10 of the Cannabis Control Act or
 5        Section 410 of the Illinois Controlled Substances Act and
 6        upon a finding by the court that the person is  addicted,
 7        undergo  treatment  at a substance abuse program approved
 8        by the court; and
 9             (8.5)  if convicted  of  a  felony  sex  offense  as
10        defined  in  the  Sex  Offender Management Board Act, the
11        person  shall  undergo  and  successfully  complete   sex
12        offender  treatment  by  a treatment provider approved by
13        the Board and conducted in conformance with the standards
14        developed under the Sex Offender  Management  Board  Act;
15        and
16             (9)  if  convicted of a felony, physically surrender
17        at a time and place designated by the court, his  or  her
18        Firearm  Owner's  Identification  Card  and  any  and all
19        firearms in his or her possession.
20        (b)  The  Court  may  in  addition  to  other  reasonable
21    conditions relating to the  nature  of  the  offense  or  the
22    rehabilitation  of  the  defendant  as  determined  for  each
23    defendant  in the proper discretion of the Court require that
24    the person:
25             (1)  serve a term  of  periodic  imprisonment  under
26        Article  7  for  a period not to exceed that specified in
27        paragraph (d)  of Section 5-7-1;
28             (2)  pay a fine and costs;
29             (3)  work or pursue a course of study or  vocational
30        training;
31             (4)  undergo  medical,  psychological or psychiatric
32        treatment; or treatment for drug addiction or alcoholism;
33             (5)  attend or reside in a facility established  for
34        the instruction or residence of defendants on probation;
 
HB3556 Enrolled             -58-     LRB093 10381 AMC 10635 b
 1             (6)  support his dependents;
 2             (7)  and in addition, if a minor:
 3                  (i)  reside  with  his  parents  or in a foster
 4             home;
 5                  (ii)  attend school;
 6                  (iii)  attend  a  non-residential  program  for
 7             youth;
 8                  (iv)  contribute to his own support at home  or
 9             in a foster home;
10                  (v)  with  the consent of the superintendent of
11             the facility, attend an  educational  program  at  a
12             facility  other than the school in which the offense
13             was committed if he or she is convicted of  a  crime
14             of  violence  as  defined  in Section 2 of the Crime
15             Victims Compensation Act committed in a  school,  on
16             the  real  property  comprising  a school, or within
17             1,000 feet of the real property comprising a school;
18             (8)  make restitution as provided in  Section  5-5-6
19        of this Code;
20             (9)  perform  some  reasonable  public  or community
21        service;
22             (10)  serve a term of home confinement.  In addition
23        to  any  other  applicable  condition  of  probation   or
24        conditional discharge, the conditions of home confinement
25        shall be that the offender:
26                  (i)  remain within the interior premises of the
27             place  designated  for  his  confinement  during the
28             hours designated by the court;
29                  (ii)  admit any person or agent  designated  by
30             the  court  into the offender's place of confinement
31             at any time for purposes of verifying the offender's
32             compliance with the conditions of  his  confinement;
33             and
34                  (iii)  if further deemed necessary by the court
 
HB3556 Enrolled             -59-     LRB093 10381 AMC 10635 b
 1             or  the  Probation  or Court Services Department, be
 2             placed on an approved electronic monitoring  device,
 3             subject to Article 8A of Chapter V;
 4                  (iv)  for  persons  convicted  of  any alcohol,
 5             cannabis or controlled substance violation  who  are
 6             placed   on  an  approved  monitoring  device  as  a
 7             condition of probation or conditional discharge, the
 8             court shall impose a reasonable fee for each day  of
 9             the  use of the device, as established by the county
10             board in subsection  (g)  of  this  Section,  unless
11             after  determining  the inability of the offender to
12             pay the fee, the court assesses a lesser fee  or  no
13             fee as the case may be. This fee shall be imposed in
14             addition  to  the  fees  imposed  under  subsections
15             (g)  and  (i)  of  this  Section.  The  fee shall be
16             collected by the clerk of the  circuit  court.   The
17             clerk  of  the  circuit  court  shall pay all monies
18             collected from this fee to the county treasurer  for
19             deposit  in  the substance abuse services fund under
20             Section 5-1086.1 of the Counties Code; and
21                  (v)  for persons convicted  of  offenses  other
22             than  those referenced in clause (iv)  above and who
23             are placed on an approved  monitoring  device  as  a
24             condition of probation or conditional discharge, the
25             court  shall impose a reasonable fee for each day of
26             the use of the device, as established by the  county
27             board  in  subsection  (g)  of  this Section, unless
28             after determining the inability of the defendant  to
29             pay  the  fee, the court assesses a lesser fee or no
30             fee as the case may be.  This fee shall  be  imposed
31             in  addition  to  the fees imposed under subsections
32             (g)  and (i)  of this Section.   The  fee  shall  be
33             collected  by  the  clerk of the circuit court.  The
34             clerk of the circuit  court  shall  pay  all  monies
 
HB3556 Enrolled             -60-     LRB093 10381 AMC 10635 b
 1             collected  from this fee to the county treasurer who
 2             shall use the monies collected to defray  the  costs
 3             of  corrections.  The county treasurer shall deposit
 4             the fee collected in the county  working  cash  fund
 5             under  Section  6-27001  or  Section  6-29002 of the
 6             Counties Code, as the case may be.
 7             (11)  comply with the terms  and  conditions  of  an
 8        order  of  protection issued by the court pursuant to the
 9        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
10        hereafter amended, or an order of  protection  issued  by
11        the  court  of  another  state,  tribe,  or United States
12        territory. A copy of the order  of  protection  shall  be
13        transmitted  to  the  probation  officer or agency having
14        responsibility for the case;
15             (12)  reimburse any "local  anti-crime  program"  as
16        defined  in  Section 7 of the Anti-Crime Advisory Council
17        Act for any reasonable expenses incurred by  the  program
18        on  the offender's case, not to exceed the maximum amount
19        of the fine authorized for  the  offense  for  which  the
20        defendant was sentenced;
21             (13)  contribute  a  reasonable sum of money, not to
22        exceed the maximum amount of the fine authorized for  the
23        offense  for  which  the  defendant  was  sentenced, to a
24        "local anti-crime program", as defined in  Section  7  of
25        the Anti-Crime Advisory Council Act;
26             (14)  refrain   from   entering  into  a  designated
27        geographic area except upon such terms as the court finds
28        appropriate. Such terms may include consideration of  the
29        purpose  of  the  entry,  the  time of day, other persons
30        accompanying the defendant, and  advance  approval  by  a
31        probation  officer,  if  the defendant has been placed on
32        probation or  advance  approval  by  the  court,  if  the
33        defendant was placed on conditional discharge;
34             (15)  refrain  from  having any contact, directly or
 
HB3556 Enrolled             -61-     LRB093 10381 AMC 10635 b
 1        indirectly, with certain specified persons or  particular
 2        types of persons, including but not limited to members of
 3        street gangs and drug users or dealers;
 4             (16)  refrain  from  having  in  his or her body the
 5        presence of any illicit drug prohibited by  the  Cannabis
 6        Control  Act  or  the Illinois Controlled Substances Act,
 7        unless prescribed by a physician, and submit  samples  of
 8        his  or her blood or urine or both for tests to determine
 9        the presence of any illicit drug.
10        (c)  The court may as a  condition  of  probation  or  of
11    conditional discharge require that a person under 18 years of
12    age  found  guilty  of  any  alcohol,  cannabis or controlled
13    substance  violation,  refrain  from  acquiring  a   driver's
14    license   during  the  period  of  probation  or  conditional
15    discharge.  If such person is in possession of  a  permit  or
16    license,  the  court  may require that the minor refrain from
17    driving or operating any motor vehicle during the  period  of
18    probation   or   conditional  discharge,  except  as  may  be
19    necessary in the course of the minor's lawful employment.
20        (d)  An offender sentenced to probation or to conditional
21    discharge shall be given  a  certificate  setting  forth  the
22    conditions thereof.
23        (e)  Except  where the offender has committed a fourth or
24    subsequent violation of subsection (c)  of Section  6-303  of
25    the  Illinois  Vehicle Code, the court shall not require as a
26    condition  of  the  sentence  of  probation  or   conditional
27    discharge  that  the  offender  be  committed  to a period of
28    imprisonment in excess of 6 months. This 6 month limit  shall
29    not  include  periods  of  confinement  given  pursuant  to a
30    sentence  of  county  impact  incarceration   under   Section
31    5-8-1.2.  This  6  month  limit  does  not  apply to a person
32    sentenced to probation as a  result  of  a  conviction  of  a
33    fourth or subsequent violation of subsection (c-4) of Section
34    11-501 of the Illinois Vehicle Code or a similar provision of
 
HB3556 Enrolled             -62-     LRB093 10381 AMC 10635 b
 1    a local ordinance.
 2        Persons  committed  to  imprisonment  as  a  condition of
 3    probation or conditional discharge shall not be committed  to
 4    the Department of Corrections.
 5        (f)  The   court  may  combine  a  sentence  of  periodic
 6    imprisonment under Article 7 or a sentence to a county impact
 7    incarceration program under Article  8  with  a  sentence  of
 8    probation or conditional discharge.
 9        (g)  An offender sentenced to probation or to conditional
10    discharge  and  who  during  the  term  of  either  undergoes
11    mandatory drug or alcohol testing, or both, or is assigned to
12    be  placed on an approved electronic monitoring device, shall
13    be ordered to pay all costs incidental to such mandatory drug
14    or alcohol testing, or both, and all costs incidental to such
15    approved  electronic  monitoring  in  accordance   with   the
16    defendant's  ability  to  pay  those costs.  The county board
17    with the concurrence of  the  Chief  Judge  of  the  judicial
18    circuit  in  which  the  county  is  located  shall establish
19    reasonable fees for the cost  of  maintenance,  testing,  and
20    incidental  expenses related to the mandatory drug or alcohol
21    testing, or  both,  and  all  costs  incidental  to  approved
22    electronic  monitoring,  involved  in  a successful probation
23    program for the county.  The concurrence of the  Chief  Judge
24    shall  be  in  the  form of an administrative order. The fees
25    shall be collected by the clerk of the  circuit  court.   The
26    clerk  of  the  circuit  court shall pay all moneys collected
27    from these fees to the county treasurer  who  shall  use  the
28    moneys collected to defray the costs of drug testing, alcohol
29    testing,  and  electronic  monitoring.  The  county treasurer
30    shall deposit the fees collected in the county  working  cash
31    fund under Section 6-27001 or Section 6-29002 of the Counties
32    Code, as the case may be.
33        (h)  Jurisdiction  over  an  offender  may be transferred
34    from the sentencing court to the  court  of  another  circuit
 
HB3556 Enrolled             -63-     LRB093 10381 AMC 10635 b
 1    with  the  concurrence  of both courts.  Further transfers or
 2    retransfers of jurisdiction are also authorized in  the  same
 3    manner.  The court to which jurisdiction has been transferred
 4    shall have the same powers as the sentencing court.
 5        (i)  The court shall impose upon an offender sentenced to
 6    probation  after  January 1, 1989 or to conditional discharge
 7    after January 1, 1992, as a condition of  such  probation  or
 8    conditional  discharge,  a  fee  of $35 $25 for each month of
 9    probation or conditional discharge supervision ordered by the
10    court, unless after determining the inability of  the  person
11    sentenced  to  probation  or conditional discharge to pay the
12    fee, the court assesses a  lesser  fee.  The  court  may  not
13    impose  the  fee  on  a minor who is made a ward of the State
14    under the Juvenile Court Act of 1987 while the  minor  is  in
15    placement. The fee shall be imposed only upon an offender who
16    is  actively  supervised  by the probation and court services
17    department.  The fee shall be collected by the clerk  of  the
18    circuit  court.  The clerk of the circuit court shall deposit
19    the first $25 pay all monies collected from this fee  to  the
20    county  treasurer  for  deposit  in  the  probation and court
21    services  fund  under  Section  15.1  of  the  Probation  and
22    Probation Officers Act. The clerk of the court shall  deposit
23    $10  collected from this fee into the Sex Offender Management
24    Board Fund under Section 19 of the  Sex  Offender  Management
25    Board  Act.  Money deposited into the Sex Offender Management
26    Board  Fund  shall  be  administered  by  the  Sex   Offender
27    Management  Board  and  be used to fund practices endorsed or
28    required  under  the  Sex  Offender  Management  Board   Act,
29    including   but  not  limited  to  sex  offender  evaluation,
30    treatment,  and  monitoring  programs  that  are  or  may  be
31    developed by the agency providing supervision, the Department
32    of Corrections or the Department of Human Services. This Fund
33    shall also be used for administrative costs, including staff,
34    incurred by the Board.
 
HB3556 Enrolled             -64-     LRB093 10381 AMC 10635 b
 1        (j)  All fines and costs imposed under this  Section  for
 2    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
 3    Vehicle Code, or a similar provision of  a  local  ordinance,
 4    and any violation of the Child Passenger Protection Act, or a
 5    similar  provision  of  a local ordinance, shall be collected
 6    and disbursed by the circuit clerk as provided under  Section
 7    27.5 of the Clerks of Courts Act.
 8    (Source: P.A.  91-325,  eff.  7-29-99;  91-696, eff. 4-13-00;
 9    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
10    8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01;  92-571,
11    eff. 6-26-02; 92-651, eff. 7-11-02.)

12        (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
13        Sec. 5-7-1.  Sentence of Periodic Imprisonment.
14        (a)  A sentence of periodic imprisonment is a sentence of
15    imprisonment   during  which  the  committed  person  may  be
16    released for periods of time during the day or night  or  for
17    periods  of days, or both, or if convicted of a felony, other
18    than first degree murder,  a  Class  X  or  Class  1  felony,
19    committed  to any county, municipal, or regional correctional
20    or detention institution or facility in this State  for  such
21    periods  of  time  as  the court may direct. Unless the court
22    orders otherwise, the  particular  times  and  conditions  of
23    release shall be determined by the Department of Corrections,
24    the   sheriff,   or   the  Superintendent  of  the  house  of
25    corrections, who is administering the program.
26        (b)  A sentence of periodic imprisonment may  be  imposed
27    to permit the defendant to:
28             (1)  seek employment;
29             (2)  work;
30             (3)  conduct   a  business  or  other  self-employed
31        occupation including housekeeping;
32             (4)  attend to family needs;
33             (5)  attend an  educational  institution,  including
 
HB3556 Enrolled             -65-     LRB093 10381 AMC 10635 b
 1        vocational education;
 2             (6)  obtain medical or psychological treatment;
 3             (7)  perform  work duties at a county, municipal, or
 4        regional  correctional  or   detention   institution   or
 5        facility;
 6             (8)  continue  to  reside  at  home  with or without
 7        supervision involving the use of an  approved  electronic
 8        monitoring device, subject to Article 8A of Chapter V; or
 9             (9)  for any other purpose determined by the court.
10        (c)  Except  where prohibited by other provisions of this
11    Code,  the  court  may  impose   a   sentence   of   periodic
12    imprisonment  for  a felony or misdemeanor on a person who is
13    17 years of age or  older.  The  court  shall  not  impose  a
14    sentence of periodic imprisonment if it imposes a sentence of
15    imprisonment upon the defendant in excess of 90 days.
16        (d)  A  sentence  of periodic imprisonment shall be for a
17    definite term of from 3 to 4 years for a Class 1  felony,  18
18    to  30  months  for a Class 2 felony, and up to 18 months, or
19    the longest sentence of imprisonment that  could  be  imposed
20    for  the  offense, whichever is less, for all other offenses;
21    however, no person shall be sentenced to a term  of  periodic
22    imprisonment  longer  than  one  year if he is committed to a
23    county  correctional  institution   or   facility,   and   in
24    conjunction  with  that sentence participate in a county work
25    release program  comparable  to  the  work  and  day  release
26    program  provided  for  in  Article 13 of the Unified Code of
27    Corrections in State facilities. The  term  of  the  sentence
28    shall  be  calculated  upon  the basis of the duration of its
29    term rather than upon the basis of the actual days  spent  in
30    confinement.   No  sentence of periodic imprisonment shall be
31    subject to the good time credit provisions of  Section  3-6-3
32    of this Code.
33        (e)  When  the  court  imposes  a  sentence  of  periodic
34    imprisonment, it shall state:
 
HB3556 Enrolled             -66-     LRB093 10381 AMC 10635 b
 1             (1)  the term of such sentence;
 2             (2)  the  days  or parts of days which the defendant
 3        is to be confined;
 4             (3)  the conditions.
 5        (f)  The court may issue an order of protection  pursuant
 6    to  the Illinois Domestic Violence Act of 1986 as a condition
 7    of a sentence of periodic imprisonment. The Illinois Domestic
 8    Violence Act of 1986 shall govern the  issuance,  enforcement
 9    and  recording  of  orders  of  protection  issued under this
10    Section.  A  copy  of  the  order  of  protection  shall   be
11    transmitted to the person or agency having responsibility for
12    the case.
13        (f-5)  An  offender  sentenced  to  a  term  of  periodic
14    imprisonment  for  a felony sex offense as defined in the Sex
15    Offender Management Board Act shall be  required  to  undergo
16    and   successfully  complete  sex  offender  treatment  by  a
17    treatment provider approved by the  Board  and  conducted  in
18    conformance  with  the  standards  developed  under  the  Sex
19    Offender Management Board Act.
20        (g)  An  offender  sentenced to periodic imprisonment who
21    undergoes mandatory drug or alcohol testing, or both,  or  is
22    assigned  to  be  placed on an approved electronic monitoring
23    device, shall be ordered to pay the costs incidental to  such
24    mandatory  drug  or  alcohol  testing,  or  both,  and  costs
25    incidental   to   such   approved  electronic  monitoring  in
26    accordance with the defendant's ability to pay  those  costs.
27    The  county  board with the concurrence of the Chief Judge of
28    the judicial circuit in which the  county  is  located  shall
29    establish  reasonable  fees  for  the  cost  of  maintenance,
30    testing,  and  incidental  expenses  related to the mandatory
31    drug or alcohol testing, or both, and all costs incidental to
32    approved electronic  monitoring,  of  all  offenders  with  a
33    sentence  of  periodic  imprisonment.  The concurrence of the
34    Chief Judge shall be in the form of an administrative  order.
 
HB3556 Enrolled             -67-     LRB093 10381 AMC 10635 b
 1    The  fees  shall  be  collected  by  the clerk of the circuit
 2    court.  The clerk of the circuit court shall pay  all  moneys
 3    collected  from  these fees to the county treasurer who shall
 4    use the moneys  collected  to  defray  the  costs  of    drug
 5    testing,  alcohol  testing,  and  electronic monitoring.  The
 6    county treasurer shall deposit  the  fees  collected  in  the
 7    county  working  cash  fund  under Section 6-27001 or Section
 8    6-29002 of the Counties Code, as the case may be.
 9        (h)  All fees and costs imposed under  this  Section  for
10    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
11    Vehicle Code, or a similar provision of  a  local  ordinance,
12    and any violation of the Child Passenger Protection Act, or a
13    similar  provision  of  a local ordinance, shall be collected
14    and disbursed by the circuit clerk as provided under  Section
15    27.5 of the Clerks of Courts Act.
16        (i)  A  defendant  at  least  17  years  of  age  who  is
17    convicted of a misdemeanor or felony in a county of 3,000,000
18    or more inhabitants and who has not been previously convicted
19    of  a  misdemeanor or a felony and who is sentenced to a term
20    of periodic imprisonment may as a condition  of  his  or  her
21    sentence  be  required  by  the  court  to attend educational
22    courses designed to prepare the defendant for a  high  school
23    diploma and to work toward receiving a high school diploma or
24    to  work toward passing the high school level Test of General
25    Educational Development (GED) or to work toward completing  a
26    vocational  training  program  approved  by  the  court.  The
27    defendant sentenced to periodic imprisonment  must  attend  a
28    public  institution of education to obtain the educational or
29    vocational training required by  this  subsection  (i).   The
30    defendant  sentenced to a term of periodic imprisonment shall
31    be required to pay for the cost of the educational courses or
32    GED test, if a fee is charged for those courses or test.  The
33    court  shall  revoke the sentence of periodic imprisonment of
34    the  defendant  who  wilfully  fails  to  comply  with   this
 
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 1    subsection  (i).   The  court  shall resentence the defendant
 2    whose sentence of periodic imprisonment has been  revoked  as
 3    provided  in  Section  5-7-2.   This  subsection (i) does not
 4    apply to a defendant who has a high  school  diploma  or  has
 5    successfully  passed  the  GED test. This subsection (i) does
 6    not apply to a defendant who is determined by the court to be
 7    developmentally disabled or otherwise mentally  incapable  of
 8    completing the educational or vocational program.
 9    (Source:  P.A.  89-688,  eff.  6-1-97;  90-399,  eff. 1-1-98;
10    90-655, eff. 7-30-98.)

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

13        (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
14        Sec. 15.1.  Probation and Court Services Fund.
15        (a)  The  county treasurer in each county shall establish
16    a probation  and  court  services  fund  consisting  of  fees
17    collected  pursuant  to  subsection  (i) of Section 5-6-3 and
18    subsection (i) of Section 5-6-3.1  of  the  Unified  Code  of
19    Corrections,  subsection (10) of Section 5-615 and subsection
20    (5) of Section 5-715 of the Juvenile Court Act of  1987,  and
21    paragraph  14.3  of  subsection  (b) of Section 110-10 of the
22    Code of Criminal Procedure of 1963.    The  county  treasurer
23    shall  disburse monies from the fund only at the direction of
24    the chief judge of the circuit court in  such  circuit  where
25    the  county  is located.  The county treasurer of each county
26    shall, on or before January 10 of each year, submit an annual
27    report to the Supreme Court.
28        (b)  Monies in the  probation  and  court  services  fund
29    shall  be  appropriated by the county board to be used within
30    the county or jurisdiction where collected in accordance with
31    policies and guidelines approved by the Supreme Court for the
32    costs  of  operating  the  probation   and   court   services
 
HB3556 Enrolled             -69-     LRB093 10381 AMC 10635 b
 1    department  or  departments; however, monies in the probation
 2    and court services fund shall not be used for the payment  of
 3    salaries of probation and court services personnel.
 4        (c)  Monies   expended   from  the  probation  and  court
 5    services fund shall be  used  to  supplement,  not  supplant,
 6    county appropriations for probation and court services.
 7        (d)  Interest  earned  on monies deposited in a probation
 8    and court services fund may be used by  the  county  for  its
 9    ordinary and contingent expenditures.
10        (e)  The  county  board  may  appropriate moneys from the
11    probation and court services fund, upon the direction of  the
12    chief  judge,  to  support  programs  that  are  part  of the
13    continuum of juvenile delinquency intervention programs which
14    are or may be developed within the county.  The  grants  from
15    the  probation  and  court services fund shall be for no more
16    than one year and may be used for any  expenses  attributable
17    to  the program including administration and oversight of the
18    program by the probation department.
19        (f)  The county board may  appropriate  moneys  from  the
20    probation  and court services fund, upon the direction of the
21    chief judge, to support practices endorsed or required  under
22    the  Sex  Offender  Management  Board  Act, including but not
23    limited to sex offender evaluation, treatment, and monitoring
24    programs that are or may be developed within the county.
25    (Source: P.A. 92-329, eff. 8-9-01.)

26        Section   30.   The  Sex  Offender  Registration  Act  is
27    amended by changing Section 3 as follows:

28        (730 ILCS 150/3) (from Ch. 38, par. 223)
29        Sec. 3.  Duty to register.
30        (a)  A sex offender, as defined in Section 2 of this Act,
31    or sexual predator shall, within the time  period  prescribed
32    in  subsections  (b)  and (c), register in person and provide
 
HB3556 Enrolled             -70-     LRB093 10381 AMC 10635 b
 1    accurate information as required by the Department  of  State
 2    Police.   Such  information  shall  include  current address,
 3    current place of employment, and  school  attended.  The  sex
 4    offender or sexual predator shall register:
 5             (1)  with  the  chief  of  police  in  each  of  the
 6        municipalities  in  which  he  or  she attends school, is
 7        employed, resides  or  is  temporarily  domiciled  for  a
 8        period   of   time   of  10  or  more  days,  unless  the
 9        municipality is the City of Chicago, in which case he  or
10        she  shall  register  at  the  Chicago  Police Department
11        Headquarters; or
12             (2)  with the sheriff in each  of  the  counties  in
13        which  he  or she attends school, is employed, resides or
14        is temporarily domiciled in an unincorporated area or, if
15        incorporated, no police chief exists.
16    For purposes of this  Article,  the  place  of  residence  or
17    temporary domicile is defined as any and all places where the
18    sex offender resides for an aggregate period of time of 10 or
19    more days during any calendar year.
20        The   sex  offender  or  sexual  predator  shall  provide
21    accurate information as required by the Department  of  State
22    Police.  That information shall include the sex offender's or
23    sexual predator's current place of employment.
24        (a-5)  An  out-of-state  student or out-of-state employee
25    shall, within 10 days after beginning school or employment in
26    this  State,  register  in  person   and   provide   accurate
27    information  as  required  by the Department of State Police.
28    Such information will include current  place  of  employment,
29    school attended, and address in state of residence:
30             (1)  with  the  chief  of  police  in  each  of  the
31        municipalities  in  which  he or she attends school or is
32        employed for a period of time of 10 or more days  or  for
33        an  aggregate  period of time of more than 30 days during
34        any calendar year, unless the municipality is the City of
 
HB3556 Enrolled             -71-     LRB093 10381 AMC 10635 b
 1        Chicago, in which case he or she shall  register  at  the
 2        Chicago Police Department Headquarters; or
 3             (2)  with  the  sheriff  in  each of the counties in
 4        which he or she attends  school  or  is  employed  for  a
 5        period  of  time  of  10 or more days or for an aggregate
 6        period of time of more than 30 days during  any  calendar
 7        year  in  an  unincorporated area or, if incorporated, no
 8        police chief exists.
 9        The out-of-state student or out-of-state  employee  shall
10    provide accurate information as required by the Department of
11    State   Police.    That   information   shall   include   the
12    out-of-state  student's current place of school attendance or
13    the out-of-state employee's current place of employment.
14        (b)  Any sex offender, as defined in Section  2  of  this
15    Act, or sexual predator, regardless of any initial, prior, or
16    other  registration,  shall,  within  10  days  of  beginning
17    school,  or establishing a residence, place of employment, or
18    temporary domicile in any county, register in person  as  set
19    forth in subsection (a) or (a-5).
20        (c)  The registration for any person required to register
21    under this Article shall be as follows:
22             (1)  Any  person registered under the Habitual Child
23        Sex Offender Registration Act or the Child  Sex  Offender
24        Registration  Act  prior  to  January  1,  1996, shall be
25        deemed  initially  registered  as  of  January  1,  1996;
26        however, this  shall  not  be  construed  to  extend  the
27        duration of registration set forth in Section 7.
28             (2)  Except  as  provided  in subsection (c)(4), any
29        person convicted or adjudicated prior to January 1, 1996,
30        whose liability for registration under Section 7 has  not
31        expired,  shall  register  in person prior to January 31,
32        1996.
33             (2.5)  Except as provided in subsection (c)(4),  any
34        person   who   has  not  been  notified  of  his  or  her
 
HB3556 Enrolled             -72-     LRB093 10381 AMC 10635 b
 1        responsibility  to  register  shall  be  notified  by   a
 2        criminal  justice  entity of his or her responsibility to
 3        register.   Upon  notification  the  person   must   then
 4        register  within  10  days  of notification of his or her
 5        requirement to register.  If  notification  is  not  made
 6        within  the  offender's 10 year registration requirement,
 7        and the Department of State Police determines no evidence
 8        exists or  indicates  the  offender  attempted  to  avoid
 9        registration,  the offender will no longer be required to
10        register under this Act.
11             (3)  Except as provided in  subsection  (c)(4),  any
12        person  convicted  on  or  after  January  1, 1996, shall
13        register in person within 10 days after the entry of  the
14        sentencing order based upon his or her conviction.
15             (4)  Any   person   unable   to   comply   with  the
16        registration requirements of this Article because  he  or
17        she  is  confined,  institutionalized,  or  imprisoned in
18        Illinois on or after January 1, 1996, shall  register  in
19        person within 10 days of discharge, parole or release.
20             (5)  The     person     shall    provide    positive
21        identification and documentation that substantiates proof
22        of residence at the registering address.
23             (6)  The  person  shall  pay  a  $20   $10   initial
24        registration  fee  and  a $10 $5 annual renewal fee.  The
25        fees shall be used by the registering agency for official
26        purposes.   The  agency  shall  establish  procedures  to
27        document  receipt  and  use  of  the   funds.   The   law
28        enforcement  agency  having  jurisdiction  may  waive the
29        registration fee if it  determines  that  the  person  is
30        indigent  and  unable  to  pay  the registration fee. Ten
31        dollars for the initial registration fee and  $5  of  the
32        annual  renewal  fee  shall  be  used  by the registering
33        agency for official purposes. Ten dollars of the  initial
34        registration  fee  and  $5  of  the  annual  fee shall be
 
HB3556 Enrolled             -73-     LRB093 10381 AMC 10635 b
 1        deposited into the Sex  Offender  Management  Board  Fund
 2        under  Section  19  of  the Sex Offender Management Board
 3        Act. Money deposited into  the  Sex  Offender  Management
 4        Board  Fund  shall  be  administered  by the Sex Offender
 5        Management Board and shall  be  used  to  fund  practices
 6        endorsed or required by the Sex Offender Management Board
 7        Act   including   but   not   limited  to  sex  offenders
 8        evaluation, treatment, or monitoring programs that are or
 9        may be developed, as well as  for  administrative  costs,
10        including staff, incurred by the Board.
11        (d)  Within   10   days   after   obtaining  or  changing
12    employment and, if employed on January  1,  2000,  within  10
13    days  after  that  date,  a person required to register under
14    this Section must report, in person or in writing to the  law
15    enforcement agency having jurisdiction, the business name and
16    address  where  he  or  she  is  employed.  If the person has
17    multiple businesses or work  locations,  every  business  and
18    work  location must be reported to the law enforcement agency
19    having jurisdiction.
20    (Source: P.A.  91-48,  eff.  7-1-99;  91-394,  eff.   1-1-00;
21    92-828, eff. 8-22-02.)

22        Section  99.   Effective  date.   This  Act  takes effect
23    January 1, 2004.