093_HB3556sam001











                                     LRB093 10381 RLC 15258 a

 1                    AMENDMENT TO HOUSE BILL 3556

 2        AMENDMENT NO.     .  Amend House Bill 3556  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 10381 RLC 15258 a
 1    offense described in this subsection (c) as follows:
 2             (1)  Indecent  solicitation of a child, in violation
 3        of Section 11-6 of the Criminal Code of 1961;
 4             (2)  Indecent solicitation of an adult, in violation
 5        of Section 11-6.5 of the Criminal Code of 1961;
 6             (3)  Public indecency, in violation of Section  11-9
 7        of the Criminal Code of 1961;
 8             (4)  Sexual exploitation of a child, in violation of
 9        Section 11-9.1 of the Criminal Code of 1961;
10             (5)  Sexual  relations within families, in violation
11        of Section 11-11 of the Criminal Code of 1961;
12             (6)  Soliciting  for  a  juvenile   prostitute,   in
13        violation  of  Section  11-15.1  of  the Criminal Code of
14        1961;
15             (7)  Keeping a place of  juvenile  prostitution,  in
16        violation  of  Section  11-17.1  of  the Criminal Code of
17        1961;
18             (8)  Patronizing a juvenile prostitute, in violation
19        of Section 11-18.1 of the Criminal Code of 1961;
20             (9)  Juvenile  pimping,  in  violation  of   Section
21        11-19.1 of the Criminal Code of 1961;
22             (10)  Exploitation  of  a  child,  in  violation  of
23        Section 11-19.2 of the Criminal Code of 1961;
24             (11)  Child  pornography,  in  violation  of Section
25        11-20.1 of the Criminal Code of 1961;
26             (12)  Harmful  material,  in  violation  of  Section
27        11-21 of the Criminal Code of 1961;
28             (13)  Criminal  sexual  assault,  in  violation   of
29        Section 12-13 of the Criminal Code of 1961;
30             (14)  Aggravated   criminal   sexual   assault,   in
31        violation of Section 12-14 of the Criminal Code of 1961;
32             (15)  Predatory  criminal sexual assault of a child,
33        in violation of Section 12-14.1 of the Criminal  Code  of
34        1961;
 
                            -3-      LRB093 10381 RLC 15258 a
 1             (16)  Criminal sexual abuse, in violation of Section
 2        12-15 of the Criminal Code of 1961;
 3             (17)  Aggravated criminal sexual abuse, in violation
 4        of Section 12-16 of the Criminal Code of 1961;
 5             (18)  Ritualized  abuse  of a child, in violation of
 6        Section 12-33 of the Criminal Code of 1961;
 7             (19)  An attempt  to  commit  any  of  the  offenses
 8        enumerated in this subsection (c); or.
 9             (20)  Any  felony offense under Illinois law that is
10        sexually motivated.
11        (d)  "Management"  means  counseling,   monitoring,   and
12    supervision   of  any  sex  offender  that  conforms  to  the
13    standards created by the Board under Section 15.
14        (e)  "Sexually motivated" means one or more of the  facts
15    of  the  underlying  offense  indicates  conduct that is of a
16    sexual nature or that shows an intent to engage  in  behavior
17    of a sexual nature.
18    (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)

19        (20 ILCS 4026/15)
20        Sec.   15.  Sex   Offender  Management  Board;  creation;
21    duties.
22        (a)  There is created the Sex Offender Management  Board,
23    which  shall consist of 24 20 members.  The membership of the
24    Board shall consist of the following persons:
25             (1)  Two   members   appointed   by   the   Governor
26        representing the  judiciary,  one  representing  juvenile
27        court  matters  and one representing adult criminal court
28        matters;
29             (2)  One   member   appointed   by   the    Governor
30        representing Probation Services;
31             (3)  One    member   appointed   by   the   Governor
32        representing the Department of Corrections;
33             (4)  One   member   appointed   by   the    Governor
 
                            -4-      LRB093 10381 RLC 15258 a
 1        representing the Department of Human Services;
 2             (5)  One    member   appointed   by   the   Governor
 3        representing the Illinois State Police;
 4             (6)  One   member   appointed   by   the    Governor
 5        representing   the  Department  of  Children  and  Family
 6        Services;
 7             (7)  One member appointed by  the  Attorney  General
 8        representing the Office of the Attorney General;
 9             (8)  Two  members  appointed by the Attorney General
10        who  are  licensed  mental  health   professionals   with
11        documented expertise in the treatment of sex offenders;
12             (9)  Two  members  appointed by the Attorney General
13        who are State's Attorneys or assistant State's Attorneys,
14        one  representing  juvenile   court   matters   and   one
15        representing felony court matters;
16             (10)  One  member  being  the  Cook  County  State's
17        Attorney or his or her designee;
18             (11)  One  member  being the Director of the State's
19        Attorneys Appellate Prosecutor or his or her designee;
20             (12)  One  member  being  the  Cook  County   Public
21        Defender or his or her designee;
22             (13)  Two  members appointed by the Governor who are
23        representatives of law enforcement, one juvenile  officer
24        and one sex crime investigator;
25             (14)  Two  members appointed by the Attorney General
26        who are recognized experts in the field of sexual assault
27        and who can represent sexual assault victims and victims'
28        rights organizations; and
29             (15)  One member being the State Appellate  Defender
30        or his or her designee;.
31             (16)  One member being the President of the Illinois
32        Polygraph Society or his or her designee;
33             (17)  One member being the Executive Director of the
34        Criminal  Justice  Information  Authority  or  his or her
 
                            -5-      LRB093 10381 RLC 15258 a
 1        designee;
 2             (18)  One member being the President of the Illinois
 3        Chapter of the Association for the  Treatment  of  Sexual
 4        Abusers or his or her designee; and
 5             (19)  One member representing the Illinois Principal
 6        Association.
 7        (b)  The  Governor and the Attorney General shall appoint
 8    a presiding officer  for  the  Board  from  among  the  board
 9    members appointed under subsection (a) of this Section, which
10    presiding officer shall serve at the pleasure of the Governor
11    and the Attorney General.
12        (c)  Each   member   of   the   Board  shall  demonstrate
13    substantial expertise and experience in the field  of  sexual
14    assault.
15        (d)  (1)  Any  member  of the Board created in subsection
16    (a) of this Section who is  appointed  under  paragraphs  (1)
17    through  (7) of subsection (a) of this Section shall serve at
18    the pleasure of the official who appointed that member, for a
19    term of 5 years and may be reappointed.   The  members  shall
20    serve without additional compensation.
21        (2)  Any member of the Board created in subsection (a) of
22    this  Section  who  is appointed under paragraphs (8) through
23    (14) of subsection (a) of this Section shall serve for a term
24    of 5 years and may be reappointed.  The members  shall  serve
25    without compensation.
26        (3)  The  travel  costs associated with membership on the
27    Board created in subsection  (a)  of  this  Section  will  be
28    reimbursed subject to availability of funds.
29        (e)  The first meeting of this Board shall be held within
30    45 days of the effective date of this Act.
31        (f)  The Board shall carry out the following duties:
32             (1)  Not  later  than  December  31, 2001, the Board
33        shall  develop  and   prescribe   separate   standardized
34        procedures  for  the evaluation and identification of the
 
                            -6-      LRB093 10381 RLC 15258 a
 1        offender and recommend behavior  management,  monitoring,
 2        and  treatment  counseling  based upon the knowledge that
 3        sex offenders are extremely habituated and that there  is
 4        no  known  cure  for  the propensity to commit sex abuse.
 5        The Board shall develop and implement measures of success
 6        based upon a no-cure policy for intervention.  The  Board
 7        shall  develop  and implement methods of intervention for
 8        sex offenders which have as a priority the  physical  and
 9        psychological safety of victims and potential victims and
10        which  are  appropriate  to  the  needs of the particular
11        offender, so long as there is no reduction of the  safety
12        of victims and potential victims.
13             (2)  Not  later  than  December  31, 2001, the Board
14        shall develop separate guidelines  and  standards  for  a
15        system  of  programs  for  the  evaluation  and treatment
16        counseling of both juvenile and adult sex offenders which
17        shall can be utilized by  offenders  who  are  placed  on
18        probation,  committed to the Department of Corrections or
19        Department of Human  Services,  or  placed  on  mandatory
20        supervised  release  or  parole.   The programs developed
21        under this paragraph (f) shall be as flexible as possible
22        so that the programs may be utilized by each offender  to
23        prevent  the  offender from harming victims and potential
24        victims.  The programs shall  be  structured  in  such  a
25        manner  that the programs provide a continuing monitoring
26        process as well as a continuum of counseling programs for
27        each offender  as  that  offender  proceeds  through  the
28        justice system.  Also, the programs shall be developed in
29        such  a manner that, to the extent possible, the programs
30        may be accessed by all offenders in the justice system.
31             (3)  There   is   established   the   Sex   Offender
32        Management Board Fund in the State  Treasury  into  which
33        funds  received under any provision of law or from public
34        or private sources shall be  deposited,  and  from  which
 
                            -7-      LRB093 10381 RLC 15258 a
 1        funds shall be appropriated for the purposes set forth in
 2        Section  19  of  this  Act  and  in  Section 5-6-3 of the
 3        Unified Code of Corrections, and the remainder  shall  be
 4        appropriated  to  the  Sex  Offender Management Board for
 5        planning and research.
 6             (4)  The Board shall develop and prescribe a plan to
 7        research and analyze the effectiveness of the evaluation,
 8        identification, and counseling  procedures  and  programs
 9        developed  under  this Act.  The Board shall also develop
10        and  prescribe  a  system  for  implementation   of   the
11        guidelines and standards developed under paragraph (2) of
12        this  subsection  (f) and for tracking offenders who have
13        been  subjected  to   evaluation,   identification,   and
14        treatment  counseling  under  this Act.  In addition, the
15        Board shall develop  a  system  for  monitoring  offender
16        behaviors and offender adherence to prescribed behavioral
17        changes.    The  results  of  the tracking and behavioral
18        monitoring shall be a part of  any  analysis  made  under
19        this paragraph (4).
20        (g)  The  Board  may promulgate rules as are necessary to
21    carry out the duties of the Board.
22        (h)  The Board and the individual members  of  the  Board
23    shall   be  immune  from  any  liability,  whether  civil  or
24    criminal, for the good faith performance of the duties of the
25    Board as specified in this Section.
26    (Source: P.A. 90-133, eff.  7-22-97;  90-793,  eff.  8-14-98;
27    91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)

28        (20 ILCS 4026/16 new)
29        Sec.  16.  Sex  offender  evaluation  and  identification
30    required.
31        (a)  Beginning  on  the effective date of this amendatory
32    Act of the 93rd General Assembly, each  felony  sex  offender
33    who  is  to  be considered for probation shall be required as
 
                            -8-      LRB093 10381 RLC 15258 a
 1    part of the pre-sentence or social investigation to submit to
 2    an evaluation for treatment,  an  evaluation  for  risk,  and
 3    procedures  for monitoring of behavior to protect victims and
 4    potential  victims  developed  pursuant  to   item   (1)   of
 5    subsection (f) of Section 15 of this Act.
 6        (b)  The  evaluation  required  by subsection (a) of this
 7    Section shall be by an evaluator approved by the Sex Offender
 8    Management Board and shall be at the expense  of  the  person
 9    evaluated,  based  upon that person's ability to pay for such
10    treatment.

11        (20 ILCS 4026/17 new)
12        Sec. 17.  Sentencing of sex  offenders;  treatment  based
13    upon evaluation and identification required.
14        (a)  Each  felony sex offender sentenced by the court for
15    a sex offense shall be required as a part of any sentence  to
16    probation,  conditional  release, or periodic imprisonment to
17    undergo treatment  based  upon  the  recommendations  of  the
18    evaluation  made  pursuant  to  Section  16 or based upon any
19    subsequent recommendations by the  Administrative  Office  of
20    the  Illinois  Courts  or  the  county  probation department,
21    whichever is appropriate.  Any such treatment and  monitoring
22    shall be at a facility or with a person approved by the Board
23    and  at such offender's own expense based upon the offender's
24    ability to pay for such treatment.
25        (b)  Beginning on the effective date of  this  amendatory
26    Act of the 93rd General Assembly, each sex offender placed on
27    parole or mandatory supervised release by the Prisoner Review
28    Board  shall  be required as a condition of parole to undergo
29    treatment   based   upon   any   evaluation   or   subsequent
30    reevaluation regarding such offender  during  the  offender's
31    incarceration  or  any  period of parole.  Any such treatment
32    shall be by an individual approved by the Board  and  at  the
33    offender's  expense  based upon the offender's ability to pay
 
                            -9-      LRB093 10381 RLC 15258 a
 1    for such treatment.

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

12        (20 ILCS 4026/19 new)
13        Sec. 19. Sex Offender Management Board Fund.
14        (a)  Any  and  all  practices  endorsed or required under
15    this Act, including but not limited to evaluation, treatment,
16    or monitoring of programs that are or may be developed by the
17    agency providing supervision, the Department of  Corrections,
18    or  the  Department of Human Services shall be at the expense
19    of the person evaluated or treated, based upon  the  person's
20    ability  to  pay. If it is determined by the agency providing
21    supervision, the Department of Corrections, or the Department
22    of Human Services that the person does not have  the  ability
23    to  pay  for  practices endorsed or required by this Act, the
24    agency  providing  supervision  of  the  sex  offender  shall
25    request  reimbursement  for  services.   The   Sex   Offender
26    Management   Board   shall   provide   the  agency  providing
27    supervision, the Department of Corrections, or the Department
28    of Human Services with factors to be considered and  criteria
29    to  determine  a  person's  ability  to pay. The Sex Offender
30    Management Board shall coordinate the expenditures of  moneys
31    from  the  Sex  Offender Management Board Fund with any money
32    expended by counties, the Department of  Corrections  or  the
 
                            -10-     LRB093 10381 RLC 15258 a
 1    Department  of Human Services. The Board shall develop a plan
 2    for the allocation of moneys deposited in this Fund among the
 3    agency providing supervision, the Department of  Corrections,
 4    or the Department of Human Services.
 5        (b)  Up  to 20% of this Fund shall be retained by the Sex
 6    Offender Management Board for administrative costs, including
 7    staff, incurred pursuant to this Act.
 8        (c)  Monies expended for  this  Fund  shall  be  used  to
 9    supplement,   not  replace  offenders'  self-pay,  or  county
10    appropriations for probation and court services.
11        (d)  Interest earned on monies deposited in this Fund may
12    be used  by  the  Board  for  its  administrative  costs  and
13    expenses.
14        (e)  In  addition  to  the  funds  provided  by  the  sex
15    offender,  counties,  or Departments providing treatment, the
16    Board shall explore funding sources including but not limited
17    to State, federal, and private funds.

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

20        (705 ILCS 405/5-701)
21        Sec. 5-701.  Social investigation report. Upon the  order
22    of the court, a social investigation report shall be prepared
23    and  delivered  to  the  parties at least 3 days prior to the
24    sentencing   hearing.    The   written   report   of   social
25    investigation shall include an investigation  and  report  of
26    the minor's physical and mental history and condition, family
27    situation   and   background,   economic  status,  education,
28    occupation, personal habits, minor's history  of  delinquency
29    or  criminality  or  other matters which have been brought to
30    the  attention  of  the  juvenile  court,  information  about
31    special resources known to the person  preparing  the  report
32    which   might   be   available   to  assist  in  the  minor's
 
                            -11-     LRB093 10381 RLC 15258 a
 1    rehabilitation, and any other matters which may be helpful to
 2    the court or which the court directs to be included.
 3        Any minor found to be guilty of a sex offense as  defined
 4    by the Sex Offender Management Board Act shall be required as
 5    part  of the social investigation to submit to a sex offender
 6    evaluation.  The evaluation shall be performed in conformance
 7    with  the  standards  developed  under   the   Sex   Offender
 8    Management  Board  Act  and  by  an evaluator approved by the
 9    Board.
10    (Source: P.A. 90-590, eff. 1-1-99.)

11        (705 ILCS 405/5-715)
12        Sec. 5-715.  Probation.
13        (1)  The period of  probation  or  conditional  discharge
14    shall  not exceed 5 years or until the minor has attained the
15    age of 21 years, whichever is less,  except  as  provided  in
16    this  Section  for  a  minor who is found to be guilty for an
17    offense which is first degree murder, a Class X felony  or  a
18    forcible  felony.  The juvenile court may terminate probation
19    or conditional discharge and discharge the minor at any  time
20    if  warranted  by  the  conduct  of the minor and the ends of
21    justice;  provided, however, that the period of probation for
22    a minor who is found to be guilty for  an  offense  which  is
23    first  degree  murder, a Class X felony, or a forcible felony
24    shall be at least 5 years.
25        (2)  The court may as a  condition  of  probation  or  of
26    conditional discharge require that the minor:
27             (a)  not   violate   any  criminal  statute  of  any
28        jurisdiction;
29             (b)  make a report to and appear  in  person  before
30        any person or agency as directed by the court;
31             (c)  work  or pursue a course of study or vocational
32        training;
33             (d)  undergo  medical  or   psychiatric   treatment,
 
                            -12-     LRB093 10381 RLC 15258 a
 1        rendered  by  a  psychiatrist  or psychological treatment
 2        rendered  by  a  clinical  psychologist  or  social  work
 3        services  rendered  by  a  clinical  social  worker,   or
 4        treatment for drug addiction or alcoholism;
 5             (e)  attend  or reside in a facility established for
 6        the instruction or residence of persons on probation;
 7             (f)  support his or her dependents, if any;
 8             (g)  refrain from  possessing  a  firearm  or  other
 9        dangerous weapon, or an automobile;
10             (h)  permit  the  probation  officer to visit him or
11        her at his or her home or elsewhere;
12             (i)  reside with his or her parents or in  a  foster
13        home;
14             (j)  attend school;
15             (j-5)  with the consent of the superintendent of the
16        facility,  attend  an  educational  program at a facility
17        other than the school in which the offense was  committed
18        if  he or she committed a crime of violence as defined in
19        Section 2 of the Crime  Victims  Compensation  Act  in  a
20        school,  on  the  real  property  comprising a school, or
21        within 1,000 feet  of  the  real  property  comprising  a
22        school;
23             (k)  attend a non-residential program for youth;
24             (l)  make  restitution under the terms of subsection
25        (4) of Section 5-710;
26             (m)  contribute to his or her own support at home or
27        in a foster home;
28             (n)  perform some  reasonable  public  or  community
29        service;
30             (o)  participate with community corrections programs
31        including   unified   delinquency  intervention  services
32        administered by the Department of Human Services  subject
33        to Section 5 of the Children and Family Services Act;
34             (p)  pay costs;
 
                            -13-     LRB093 10381 RLC 15258 a
 1             (q)  serve  a term of home confinement.  In addition
 2        to  any  other  applicable  condition  of  probation   or
 3        conditional discharge, the conditions of home confinement
 4        shall be that the minor:
 5                  (i)  remain within the interior premises of the
 6             place  designated  for his or her confinement during
 7             the hours designated by the court;
 8                  (ii)  admit any person or agent  designated  by
 9             the  court  into the minor's place of confinement at
10             any time  for  purposes  of  verifying  the  minor's
11             compliance   with  the  conditions  of  his  or  her
12             confinement;  and
13                  (iii)  use an  approved  electronic  monitoring
14             device if ordered by the court subject to Article 8A
15             of Chapter V of the Unified Code of Corrections;
16             (r)  refrain   from   entering   into  a  designated
17        geographic area except upon  terms  as  the  court  finds
18        appropriate.   The terms may include consideration of the
19        purpose of the entry, the  time  of  day,  other  persons
20        accompanying   the  minor,  and  advance  approval  by  a
21        probation officer,  if  the  minor  has  been  placed  on
22        probation, or advance approval by the court, if the minor
23        has been placed on conditional discharge;
24             (s)  refrain  from  having  any contact, directly or
25        indirectly, with certain specified persons or  particular
26        types of persons, including but not limited to members of
27        street gangs and drug users or dealers;
28             (s-5)  undergo  a medical or other procedure to have
29        a tattoo symbolizing allegiance to a street gang  removed
30        from his or her body;
31             (t)  refrain  from  having  in  his  or her body the
32        presence of any illicit drug prohibited by  the  Cannabis
33        Control  Act  or  the Illinois Controlled Substances Act,
34        unless  prescribed  by  a  physician,  and  shall  submit
 
                            -14-     LRB093 10381 RLC 15258 a
 1        samples of his or her blood or urine or both for tests to
 2        determine the presence of any illicit drug; or
 3             (u)  comply with other conditions as may be  ordered
 4        by the court.
 5        (3)  The  court  may  as  a  condition of probation or of
 6    conditional discharge require that a minor  found  guilty  on
 7    any  alcohol,  cannabis,  or  controlled substance violation,
 8    refrain from acquiring a driver's license during  the  period
 9    of  probation  or  conditional discharge.  If the minor is in
10    possession of a permit or license, the court may require that
11    the minor refrain from driving or operating any motor vehicle
12    during the period  of  probation  or  conditional  discharge,
13    except  as  may  be  necessary  in  the course of the minor's
14    lawful employment.
15        (3.5)  The court shall, as a condition of probation or of
16    conditional discharge, require  that  a  minor  found  to  be
17    guilty  and  placed  on  probation for reasons that include a
18    violation of Section 3.02 or Section 3.03 of the Humane  Care
19    for Animals Act or paragraph (d) of subsection (1) of Section
20    21-1  of  the  Criminal  Code  of  1961  undergo  medical  or
21    psychiatric   treatment   rendered   by   a  psychiatrist  or
22    psychological treatment rendered by a clinical  psychologist.
23    The condition may be in addition to any other condition.
24        (3.10)  The  court  shall  order  that  a minor placed on
25    probation or conditional  discharge  for  a  sex  offense  as
26    defined  in the Sex Offender Management Board Act undergo and
27    successfully complete sex offender treatment.  The  treatment
28    shall  be  in  conformance with the standards developed under
29    the Sex Offender Management Board Act   and  conducted  by  a
30    treatment  provider  approved  by  the  Board.  The treatment
31    shall be at the expense of the person  evaluated  based  upon
32    that person's ability to pay for the treatment.
33        (4)  A  minor on probation or conditional discharge shall
34    be given a certificate  setting  forth  the  conditions  upon
 
                            -15-     LRB093 10381 RLC 15258 a
 1    which he or she is being released.
 2        (5)  The  court  shall  impose  upon  a  minor  placed on
 3    probation or conditional discharge, as  a  condition  of  the
 4    probation  or  conditional  discharge,  a fee of $25 for each
 5    month  of  probation  or  conditional  discharge  supervision
 6    ordered by the court, unless after determining the  inability
 7    of  the minor placed on probation or conditional discharge to
 8    pay the fee, the court assesses a lesser amount.   The  court
 9    may  not  impose the fee on a minor who is made a ward of the
10    State under this Act while the minor is  in  placement.   The
11    fee  shall  be  imposed  only  upon  a  minor who is actively
12    supervised by the probation and  court  services  department.
13    The  court may order the parent, guardian, or legal custodian
14    of the minor to pay some or all of the  fee  on  the  minor's
15    behalf.
16        (6)  The  General Assembly finds that in order to protect
17    the  public,  the  juvenile  justice   system   must   compel
18    compliance  with the conditions of probation by responding to
19    violations with swift,  certain,  and  fair  punishments  and
20    intermediate  sanctions.   The  Chief  Judge  of each circuit
21    shall adopt a system of  structured,  intermediate  sanctions
22    for  violations  of the terms and conditions of a sentence of
23    supervision, probation or conditional discharge,  under  this
24    Act.
25        The  court  shall provide as a condition of a disposition
26    of probation, conditional discharge, or supervision, that the
27    probation agency may invoke any sanction  from  the  list  of
28    intermediate  sanctions  adopted  by  the  chief judge of the
29    circuit court for violations of the terms and  conditions  of
30    the   sentence   of   probation,  conditional  discharge,  or
31    supervision, subject to the provisions of  Section  5-720  of
32    this Act.
33    (Source:  P.A.  91-98,  eff.  1-1-00;  92-282,  eff.  8-7-01;
34    92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)
 
                            -16-     LRB093 10381 RLC 15258 a
 1        Section   15.   The  Sexually  Dangerous  Persons  Act is
 2    amended by changing Section 8 as follows:

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

27        Section  20.  The Sexually Violent Persons Commitment Act
28    is amended by changing Sections 10, 25, 30, 40, 55,  60,  and
29    65 as follows:

30        (725 ILCS 207/10)
31        Sec.  10.   Notice  to  the  Attorney General and State's
 
                            -17-     LRB093 10381 RLC 15258 a
 1    Attorney.
 2        (a)  In this Act, "agency with  jurisdiction"  means  the
 3    agency with the authority or duty to release or discharge the
 4    person.
 5        (b)  If  an  agency  with  jurisdiction  has  control  or
 6    custody   over  a  person  who  may  meet  the  criteria  for
 7    commitment as a sexually  violent  person,  the  agency  with
 8    jurisdiction  shall  inform  the  Attorney  General  and  the
 9    State's  Attorney  in  a  position  to  file a petition under
10    paragraph (a)(2) of Section 15  of  this  Act  regarding  the
11    person  as  soon  as possible beginning 3 months prior to the
12    applicable date of the following:
13             (1)  The anticipated release  from  imprisonment  or
14        the  anticipated  entry into mandatory supervised release
15        of a person who has been convicted of a sexually  violent
16        offense.
17             (2)  The  anticipated  release  from a Department of
18        Corrections    correctional    facility    or    juvenile
19        correctional facility of a person adjudicated  delinquent
20        under Section 5-20 of the Juvenile Court Act of 1987 (now
21        repealed)  or  found  guilty  under Section 5-620 of that
22        Act, on the basis of a sexually violent offense.
23             (3)  The  discharge  or  conditional  release  of  a
24        person who has  been  found  not  guilty  of  a  sexually
25        violent offense by reason of insanity under Section 5-2-4
26        of the Unified Code of Corrections.
27        (c)  The  agency  with  jurisdiction  shall  provide  the
28    Attorney  General  and  the  State's Attorney with all of the
29    following:
30             (1)  The   person's   name,   identifying   factors,
31        anticipated future residence and offense history;
32             (2)  A  comprehensive  evaluation  of  the  person's
33        mental condition, the basis upon  which  a  determination
34        has  been  made  that the person is subject to commitment
 
                            -18-     LRB093 10381 RLC 15258 a
 1        under subsection (b) of Section 15  of  this  Act  and  a
 2        recommendation  for action in furtherance of the purposes
 3        of this  Act.   The  evaluation  shall  be  conducted  in
 4        conformance  with  the  standards developed under the Sex
 5        Offender  Management  Board  Act  and  by  an   evaluator
 6        approved by the Board; and
 7             (3)  If  applicable,  documentation of any treatment
 8        and  the  person's  adjustment   to   any   institutional
 9        placement.
10        (d)  Any  agency  or  officer,  employee  or  agent of an
11    agency is immune from criminal or  civil  liability  for  any
12    acts  or  omissions  as  the result of a good faith effort to
13    comply with this Section.
14    (Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
15    91-357, eff. 7-29-99.)

16        (725 ILCS 207/25)
17        Sec. 25.  Rights of persons subject to petition.
18        (a)  Any  person  who  is the subject of a petition filed
19    under Section 15 of this Act shall be served with a  copy  of
20    the petition in accordance with the Civil Practice Law.
21        (b)  The  circuit court in which a petition under Section
22    15 of this Act is filed shall conduct all hearings under this
23    Act.   The court shall give the person who is the subject  of
24    the  petition reasonable notice of the time and place of each
25    such hearing.  The court may designate additional persons  to
26    receive these notices.
27        (c)  Except as provided in paragraph (b)(1) of Section 65
28    and  Section  70  of this Act, at any hearing conducted under
29    this Act, the person who is the subject of the  petition  has
30    the right to:
31             (1)  To be present and to be represented by counsel.
32        If  the  person  is  indigent,  the  court  shall appoint
33        counsel.
 
                            -19-     LRB093 10381 RLC 15258 a
 1             (2)  Remain silent.
 2             (3)  Present and cross-examine witnesses.
 3             (4)  Have the hearing recorded by a court reporter.
 4        (d)  The person who is the subject of the  petition,  the
 5    person's  attorney,  the  Attorney  General  or  the  State's
 6    Attorney  may  request  that a trial under Section 35 of this
 7    Act be to a jury.  A verdict of a jury under this Act is  not
 8    valid unless it is unanimous.
 9        (e)  Whenever  the  person  who  is  the  subject  of the
10    petition is required to submit to an examination  under  this
11    Act,  he or she may retain experts or professional persons to
12    perform an examination.  The  respondent's  chosen  evaluator
13    must be approved by the Sex Offender Management Board and the
14    evaluation   must   be  conducted  in  conformance  with  the
15    standards developed under the Sex Offender  Management  Board
16    Act.      If   the  person  retains  a  qualified  expert  or
17    professional person of his or her own choice  to  conduct  an
18    examination, the examiner shall have reasonable access to the
19    person  for the purpose of the examination, as well as to the
20    person's past  and  present  treatment  records  and  patient
21    health  care  records.   If the person is indigent, the court
22    shall, upon the person's request,  appoint  a  qualified  and
23    available   expert  or  professional  person  to  perform  an
24    examination.  Upon the order of the circuit court, the county
25    shall pay, as part of the costs of the action, the costs of a
26    court-appointed expert or professional person to  perform  an
27    examination  and  participate  in  the  trial on behalf of an
28    indigent person.
29    (Source: P.A. 90-40, eff. 1-1-98.)

30        (725 ILCS 207/30)
31        Sec. 30.  Detention; probable cause hearing; transfer for
32    examination.
33        (a)  Upon the filing of a petition under  Section  15  of
 
                            -20-     LRB093 10381 RLC 15258 a
 1    this  Act,  the  court shall review the petition to determine
 2    whether to issue an order for detention of the person who  is
 3    the  subject  of  the petition.  The person shall be detained
 4    only if there is cause to believe that the person is eligible
 5    for commitment under subsection (f) of  Section  35  of  this
 6    Act.  A person detained under this Section shall be held in a
 7    facility  approved  by  the  Department.   If  the  person is
 8    serving a sentence of imprisonment, is  in  a  Department  of
 9    Corrections  correctional  facility  or juvenile correctional
10    facility or is committed to institutional care, and the court
11    orders detention under this Section, the  court  shall  order
12    that  the  person  be  transferred  to  a  detention facility
13    approved by the Department.  A  detention  order  under  this
14    Section  remains  in  effect  until  the person is discharged
15    after a trial under Section 35  of  this  Act  or  until  the
16    effective date of a commitment order under Section 40 of this
17    Act, whichever is applicable.
18        (b)  Whenever  a  petition  is  filed under Section 15 of
19    this Act, the court shall hold a hearing to determine whether
20    there is probable cause to believe that the person  named  in
21    the  petition  is  a  sexually violent person.  If the person
22    named in the petition is in custody, the court shall hold the
23    probable cause hearing within 72 hours after the petition  is
24    filed,  excluding Saturdays, Sundays and legal holidays.  The
25    court may grant a continuance of the probable  cause  hearing
26    for  no  more  than  7 additional days upon the motion of the
27    respondent, for good cause.   If  the  person  named  in  the
28    petition  has  been  released,  is on parole, is on mandatory
29    supervised release, or otherwise is not in custody, the court
30    shall hold the probable cause  hearing  within  a  reasonable
31    time  after the filing of the petition. At the probable cause
32    hearing, the court shall  admit  and  consider  all  relevant
33    hearsay evidence.
34        (c)  If  the  court determines after a hearing that there
 
                            -21-     LRB093 10381 RLC 15258 a
 1    is probable cause to believe that the  person  named  in  the
 2    petition  is a sexually violent person, the court shall order
 3    that the person be taken into custody if he or she is not  in
 4    custody and shall order the person to be transferred within a
 5    reasonable  time to an appropriate facility for an evaluation
 6    as to whether the person is a sexually violent person. If the
 7    person who is named in the  petition  refuses  to  speak  to,
 8    communicate  with,  or  otherwise fails to cooperate with the
 9    examining evaluator from the Department of Human Services  or
10    the Department of Corrections, that person may only introduce
11    evidence and testimony from any expert or professional person
12    who  is retained or court-appointed to conduct an examination
13    of the person that results from a review of the  records  and
14    may  not  introduce evidence resulting from an examination of
15    the person. Any evaluation conducted under this Section shall
16    be by an evaluator approved by the  Sex  Offender  Management
17    Board   and  conducted  in  conformance  with  the  standards
18    developed  under  the  Sex  Offender  Management  Board  Act.
19    Notwithstanding the provisions of Section 10  of  the  Mental
20    Health  and  Developmental  Disabilities Confidentiality Act,
21    all evaluations  conducted  pursuant  to  this  Act  and  all
22    Illinois Department of Corrections treatment records shall be
23    admissible  at  all  proceedings  held  pursuant to this Act,
24    including the probable cause hearing and the trial.
25        If the court determines  that  probable  cause  does  not
26    exist  to  believe  that  the  person  is  a sexually violent
27    person, the court shall dismiss the petition.
28        (d)  The Department shall promulgate rules  that  provide
29    the  qualifications  for persons conducting evaluations under
30    subsection (c) of this Section.
31        (e)  If the  person  named  in  the  petition  claims  or
32    appears  to  be  indigent,  the  court  shall,  prior  to the
33    probable cause hearing under subsection (b) of this  Section,
34    appoint counsel.
 
                            -22-     LRB093 10381 RLC 15258 a
 1    (Source: P.A. 92-415, eff. 8-17-01.)

 2        (725 ILCS 207/40)
 3        Sec. 40.  Commitment.
 4        (a)  If a court or jury determines that the person who is
 5    the  subject  of a petition under Section 15 of this Act is a
 6    sexually violent person, the court shall order the person  to
 7    be  committed  to  the custody of the Department for control,
 8    care and treatment until such time as the person is no longer
 9    a sexually violent person.
10        (b) (1)  The court  shall  enter  an  initial  commitment
11        order  under  this  Section pursuant to a hearing held as
12        soon as practicable after the judgment  is  entered  that
13        the person who is the subject of a petition under Section
14        15  is  a  sexually  violent  person.  If the court lacks
15        sufficient information to make the determination required
16        by paragraph (b)(2) of  this  Section  immediately  after
17        trial,   it   may  adjourn  the  hearing  and  order  the
18        Department to conduct a predisposition investigation or a
19        supplementary mental examination, or both, to assist  the
20        court  in framing the commitment order.   A supplementary
21        mental examination under this Section shall be  conducted
22        in accordance with Section 3-804 of the Mental Health and
23        Developmental Disabilities Code.
24             (2)  An  order  for  commitment  under  this Section
25        shall specify  either  institutional  care  in  a  secure
26        facility,  as  provided  under Section 50 of this Act, or
27        conditional release.  In determining  whether  commitment
28        shall  be  for institutional care in a secure facility or
29        for conditional release, the  court  shall  consider  the
30        nature  and  circumstances  of  the behavior that was the
31        basis of the allegation in the petition  under  paragraph
32        (b)(1)  of  Section  15,  the person's mental history and
33        present mental condition, where the person will live, how
 
                            -23-     LRB093 10381 RLC 15258 a
 1        the person will support  himself  or  herself,  and  what
 2        arrangements  are available to ensure that the person has
 3        access to and will participate  in  necessary  treatment.
 4        All treatment, whether in institutional care, in a secure
 5        facility,  or  while  on  conditional  release,  shall be
 6        conducted in conformance  with  the  standards  developed
 7        under the Sex Offender Management Board Act and conducted
 8        by  a  treatment  provider  approved  by  the  Board. The
 9        Department shall arrange for control, care and  treatment
10        of  the person in the least restrictive manner consistent
11        with the requirements of the  person  and  in  accordance
12        with the court's commitment order.
13             (3)  If   the   court   finds  that  the  person  is
14        appropriate for  conditional  release,  the  court  shall
15        notify  the  Department.   The Department shall prepare a
16        plan that identifies the treatment and services, if  any,
17        that  the person will receive in the community.  The plan
18        shall address the person's need, if any, for supervision,
19        counseling,  medication,  community   support   services,
20        residential services, vocational services, and alcohol or
21        other  drug abuse treatment.  The Department may contract
22        with a county  health  department,  with  another  public
23        agency  or with a private agency to provide the treatment
24        and services identified in  the  plan.   The  plan  shall
25        specify   who  will  be  responsible  for  providing  the
26        treatment and services identified in the plan.  The  plan
27        shall  be  presented to the court for its approval within
28        60 days after  the  court  finding  that  the  person  is
29        appropriate   for   conditional   release,   unless   the
30        Department   and   the  person  to  be  released  request
31        additional time to  develop  the  plan.  The  conditional
32        release  program  operated  under  this  Section  is  not
33        subject  to  the  provisions  of  the  Mental  Health and
34        Developmental Disabilities Confidentiality Act.
 
                            -24-     LRB093 10381 RLC 15258 a
 1             (4)  An order for  conditional  release  places  the
 2        person  in  the custody and control of the Department.  A
 3        person  on  conditional  release  is   subject   to   the
 4        conditions  set  by  the  court  and  to the rules of the
 5        Department.  Before a person  is  placed  on  conditional
 6        release  by the court under this Section, the court shall
 7        so notify the  municipal  police  department  and  county
 8        sheriff  for  the  municipality  and  county in which the
 9        person will be residing.   The  notification  requirement
10        under  this  Section does not apply if a municipal police
11        department or county  sheriff  submits  to  the  court  a
12        written  statement  waiving the right to be notified.  If
13        the  Department  alleges  that  a  released  person   has
14        violated  any  condition  or  rule, or that the safety of
15        others requires that conditional release be  revoked,  he
16        or  she  may be taken into custody under the rules of the
17        Department.
18             At  any  time  during  which  the   person   is   on
19        conditional  release,  if  the Department determines that
20        the person has violated any condition or  rule,  or  that
21        the safety of others requires that conditional release be
22        revoked,  the Department may request the Attorney General
23        or State's Attorney to request  the  court  to  issue  an
24        emergency  ex  parte  order directing any law enforcement
25        officer to take the person into custody and transport the
26        person to the county jail. The Department may request, or
27        the Attorney General  or  State's  Attorney  may  request
28        independently  of  the  Department,  that  a  petition to
29        revoke conditional release be filed.  When a petition  is
30        filed,  the  court  may  order  the Department to issue a
31        notice to the person to be present at the  Department  or
32        other  agency designated by the court, order a summons to
33        the person to be present, or order a body attachment  for
34        all  law  enforcement  officers  to  take the person into
 
                            -25-     LRB093 10381 RLC 15258 a
 1        custody and transport him or  her  to  the  county  jail,
 2        hospital,  or  treatment  facility.  The Department shall
 3        submit  a  statement  showing  probable  cause   of   the
 4        detention   and  a  petition  to  revoke  the  order  for
 5        conditional release to the  committing  court  within  48
 6        hours  after  the  detention.   The  court shall hear the
 7        petition within 30  days,  unless  the  hearing  or  time
 8        deadline  is  waived by the detained person.  Pending the
 9        revocation hearing, the Department may detain the  person
10        in  a  jail,  in  a  hospital or treatment facility.  The
11        State has the burden of proving by clear  and  convincing
12        evidence  that  any rule or condition of release has been
13        violated, or that the safety of others requires that  the
14        conditional  release be revoked.  If the court determines
15        after hearing that any rule or condition of  release  has
16        been violated, or that the safety of others requires that
17        conditional  release  be revoked, it may revoke the order
18        for conditional  release  and  order  that  the  released
19        person  be placed in an appropriate institution until the
20        person is discharged from the commitment under Section 65
21        of this Act or until again placed on conditional  release
22        under Section 60 of this Act.
23             (5)  An  order  for  conditional  release places the
24        person  in  the  custody,  care,  and  control   of   the
25        Department.   The court shall order the person be subject
26        to  the  following  rules  of  conditional  release,   in
27        addition  to any other conditions ordered, and the person
28        shall be given a certificate setting forth the conditions
29        of conditional release.  These conditions shall  be  that
30        the person:
31                  (A)  not  violate  any  criminal statute of any
32             jurisdiction;
33                  (B)  report to or appear in person before  such
34             person  or  agency  as directed by the court and the
 
                            -26-     LRB093 10381 RLC 15258 a
 1             Department;
 2                  (C)  refrain from possession of  a  firearm  or
 3             other dangerous weapon;
 4                  (D)  not leave the State without the consent of
 5             the  court  or, in circumstances in which the reason
 6             for the absence is of such an emergency nature, that
 7             prior consent by the court is not  possible  without
 8             the   prior   notification   and   approval  of  the
 9             Department;
10                  (E)  at the direction of the Department, notify
11             third parties of the risks that may be occasioned by
12             his or  her  criminal  record  or  sexual  offending
13             history   or   characteristics,   and   permit   the
14             supervising   officer   or   agent   to   make   the
15             notification requirement;
16                  (F)  attend    and    fully    participate   in
17             assessment,  treatment,  and   behavior   monitoring
18             including,    but    not    limited   to,   medical,
19             psychological or psychiatric treatment  specific  to
20             sexual  offending, drug addiction, or alcoholism, to
21             the extent appropriate to the person based upon  the
22             recommendation  and  findings made in the Department
23             evaluation   or   based    upon    any    subsequent
24             recommendations by the Department;
25                  (G)  waive  confidentiality  allowing the court
26             and Department access  to  assessment  or  treatment
27             results or both;
28                  (H)  work  regularly  at  a Department approved
29             occupation or pursue a course of study or vocational
30             training and notify the Department within  72  hours
31             of any change in employment, study, or training;
32                  (I)  not  be  employed  or  participate  in any
33             volunteer  activity  that  involves   contact   with
34             children,  except  under  circumstances  approved in
 
                            -27-     LRB093 10381 RLC 15258 a
 1             advance and in writing by the Department officer;
 2                  (J)  submit to the search of his or her person,
 3             residence, vehicle, or any personal or real property
 4             under  his  or  her  control  at  any  time  by  the
 5             Department;
 6                  (K)  financially support his or her  dependents
 7             and  provide  the Department access to any requested
 8             financial information;
 9                  (L)  serve a  term  of  home  confinement,  the
10             conditions of which shall be that the person:
11                       (i)  remain  within  the interior premises
12                  of  the  place  designated  for  his   or   her
13                  confinement  during the hours designated by the
14                  Department;
15                       (ii)  admit any person or agent designated
16                  by the Department into the offender's place  of
17                  confinement   at   any  time  for  purposes  of
18                  verifying  the  person's  compliance  with  the
19                  condition of his or her confinement;
20                       (iii)  if   deemed   necessary   by    the
21                  Department,   be   placed   on   an  electronic
22                  monitoring device;
23                  (M)  comply with the terms and conditions of an
24             order of protection issued by the court pursuant  to
25             the  Illinois Domestic Violence Act of 1986.  A copy
26             of the order of protection shall be  transmitted  to
27             the Department by the clerk of the court;
28                  (N)  refrain  from  entering  into a designated
29             geographic area except  upon  terms  the  Department
30             finds    appropriate.    The   terms   may   include
31             consideration of the purpose of the entry, the  time
32             of  day, others accompanying the person, and advance
33             approval by the Department;
34                  (O)  refrain from having any contact, including
 
                            -28-     LRB093 10381 RLC 15258 a
 1             written  or   oral   communications,   directly   or
 2             indirectly,    with    certain   specified   persons
 3             including, but not limited to,  the  victim  or  the
 4             victim's  family,  and report any incidental contact
 5             with the  victim  or  the  victim's  family  to  the
 6             Department  within  72  hours; refrain from entering
 7             onto the premises of, traveling past,  or  loitering
 8             near the victim's residence, place of employment, or
 9             other places frequented by the victim;
10                  (P)  refrain from having any contact, including
11             written   or   oral   communications,   directly  or
12             indirectly,  with  particular  types   of   persons,
13             including  but  not  limited  to  members  of street
14             gangs, drug users, drug dealers, or prostitutes;
15                  (Q)  refrain  from  all  contact,   direct   or
16             indirect,   personally,  by  telephone,  letter,  or
17             through another person, with minor children  without
18             prior identification and approval of the Department;
19                  (R)  refrain from having in his or her body the
20             presence  of  alcohol or any illicit drug prohibited
21             by  the  Cannabis  Control  Act  or   the   Illinois
22             Controlled  Substances  Act,  unless prescribed by a
23             physician, and submit samples of his or her  breath,
24             saliva,  blood,  or urine for tests to determine the
25             presence of alcohol or any illicit drug;
26                  (S)  not  establish  a  dating,  intimate,   or
27             sexual  relationship  with  a  person  without prior
28             written notification to the Department;
29                  (T)  neither possess or have under his  or  her
30             control  any material that is pornographic, sexually
31             oriented, or sexually stimulating, or  that  depicts
32             or  alludes  to  sexual  activity  or depicts minors
33             under the age of 18, including but  not  limited  to
34             visual,  auditory,  telephonic, electronic media, or
 
                            -29-     LRB093 10381 RLC 15258 a
 1             any matter obtained through access to  any  computer
 2             or material linked to computer access use;
 3                  (U)  not   patronize   any  business  providing
 4             sexually   stimulating    or    sexually    oriented
 5             entertainment  nor  utilize "900" or adult telephone
 6             numbers or any other sex-related telephone numbers;
 7                  (V)  not reside near, visit, or be in or  about
 8             parks,  schools,  day  care centers, swimming pools,
 9             beaches, theaters, or any other places  where  minor
10             children  congregate without advance approval of the
11             Department and report any  incidental  contact  with
12             minor children to the Department within 72 hours;
13                  (W)  not  establish  any  living arrangement or
14             residence without prior approval of the Department;
15                  (X)  not publish any  materials  or  print  any
16             advertisements  without  providing  a  copy  of  the
17             proposed  publications to the Department officer and
18             obtaining permission prior to publication;
19                  (Y)  not leave the  county  except  with  prior
20             permission   of   the  Department  and  provide  the
21             Department officer  or  agent  with  written  travel
22             routes  to  and  from  work and any other designated
23             destinations;
24                  (Z)  not possess  or  have  under  his  or  her
25             control   certain   specified  items  of  contraband
26             related to the incidence of sexually offending items
27             including video or still camera items or  children's
28             toys;
29                  (AA)  provide a written daily log of activities
30             as directed by the Department;
31                  (BB)  comply  with all other special conditions
32             that the Department may  impose  that  restrict  the
33             person from high-risk situations and limit access or
34             potential victims.
 
                            -30-     LRB093 10381 RLC 15258 a
 1             (6)  A  person placed on conditional release and who
 2        during the  term  undergoes  mandatory  drug  or  alcohol
 3        testing  or  is  assigned  to  be  placed  on an approved
 4        electronic monitoring device may be ordered  to  pay  all
 5        costs incidental to the mandatory drug or alcohol testing
 6        and  all  costs  incidental  to  the  approved electronic
 7        monitoring in accordance with the person's ability to pay
 8        those costs.  The  Department  may  establish  reasonable
 9        fees for the cost of maintenance, testing, and incidental
10        expenses related to the mandatory drug or alcohol testing
11        and   all   costs   incidental   to  approved  electronic
12        monitoring.
13    (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

14        (725 ILCS 207/55)
15        Sec. 55.  Periodic reexamination; report.
16        (a)  If a person has been committed under Section  40  of
17    this Act and has not been discharged under Section 65 of this
18    Act,  the  Department  shall conduct an examination of his or
19    her  mental  condition  within  6  months  after  an  initial
20    commitment under Section 40 and then at least once  every  12
21    months  from  the  completion  of the last evaluation for the
22    purpose of determining whether the person has made sufficient
23    progress to be conditionally released or discharged.  At  the
24    time  of  a  reexamination under this Section, the person who
25    has been committed may retain or, if he or  she  is  indigent
26    and  so requests, the court may appoint a qualified expert or
27    a professional person to examine him or her.
28        (b)  Any examiner conducting an  examination  under  this
29    Section  shall prepare a written report of the examination no
30    later than 30 days after the date of  the  examination.   The
31    examiner  shall  place  a  copy of the report in the person's
32    health care records and shall provide a copy of the report to
33    the court that committed the person  under  Section  40.  The
 
                            -31-     LRB093 10381 RLC 15258 a
 1    examination  shall  be  conducted  in  conformance  with  the
 2    standards  developed  under the Sex Offender Management Board
 3    Act and by an evaluator approved by the Board.
 4        (c)  Notwithstanding subsection (a) of this Section,  the
 5    court  that  committed  a person under Section 40 may order a
 6    reexamination of the person at any time during the period  in
 7    which the person is subject to the commitment order.
 8        (d)  Petitions  for  discharge  after  reexamination must
 9    follow the procedure outlined in Section 65 of this Act.
10    (Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
11    91-227, eff. 1-1-00; 91-875, eff. 6-30-00.)

12        (725 ILCS 207/60)
13        Sec. 60.  Petition for conditional release.
14        (a)  Any  person  who is committed for institutional care
15    in a secure facility or other facility under  Section  40  of
16    this  Act  may  petition  the  committing court to modify its
17    order by authorizing conditional release if at least 6 months
18    have elapsed since the initial commitment order was  entered,
19    the  most  recent  release  petition  was  denied or the most
20    recent  order  for  conditional  release  was  revoked.   The
21    director of the facility at which the person  is  placed  may
22    file  a petition under this Section on the person's behalf at
23    any time.
24        (b)  If  the  person  files  a  timely  petition  without
25    counsel, the court shall serve a copy of the petition on  the
26    Attorney General or State's Attorney, whichever is applicable
27    and,  subject  to paragraph (c)(1) of Section 25 of this Act,
28    appoint counsel.  If the person  petitions  through  counsel,
29    his  or  her  attorney  shall  serve  the Attorney General or
30    State's Attorney, whichever is applicable.
31        (c)  Within 20 days after receipt of  the  petition,  the
32    court   shall  appoint  one  or  more  examiners  having  the
33    specialized  knowledge  determined  by  the   court   to   be
 
                            -32-     LRB093 10381 RLC 15258 a
 1    appropriate,  who  shall  examine the mental condition of the
 2    person and furnish a written report of the examination to the
 3    court within 30 days after appointment.  The examiners  shall
 4    have   reasonable  access  to  the  person  for  purposes  of
 5    examination and to the person's past  and  present  treatment
 6    records  and  patient  health  care  records.   If  any  such
 7    examiner   believes   that  the  person  is  appropriate  for
 8    conditional release, the examiner shall report on the type of
 9    treatment and services that the person may need while in  the
10    community on conditional release.  The State has the right to
11    have the person evaluated by experts chosen by the State. Any
12    examination  or evaluation conducted under this Section shall
13    be in conformance with the standards developed under the  Sex
14    Offender  Management  Board Act and conducted by an evaluator
15    approved by the Board.  The court shall set a probable  cause
16    hearing  as  soon as practical after the examiner's report is
17    filed.  If the court determines at the probable cause hearing
18    that cause exists to believe that  it  is  not  substantially
19    probable  that  the  person  will  engage  in  acts of sexual
20    violence if on release  or  conditional  release,  the  court
21    shall set a hearing on the issue.
22        (d)  The  court,  without a jury, shall hear the petition
23    within 30  days  after  the  report  of  the  court-appointed
24    examiner  is  filed  with  the  court,  unless the petitioner
25    waives this time limit.  The court shall grant  the  petition
26    unless the State proves by clear and convincing evidence that
27    the   person   has   not   made  sufficient  progress  to  be
28    conditionally released.  In  making  a  decision  under  this
29    subsection,   the   court   must   consider  the  nature  and
30    circumstances of the behavior  that  was  the  basis  of  the
31    allegation  in the petition under paragraph (b)(1) of Section
32    15 of this Act,  the  person's  mental  history  and  present
33    mental  condition, where the person will live, how the person
34    will support himself or herself  and  what  arrangements  are
 
                            -33-     LRB093 10381 RLC 15258 a
 1    available  to  ensure  that the person has access to and will
 2    participate in necessary treatment.
 3        (e)  Before  the  court  may  enter  an  order  directing
 4    conditional release to a less restrictive alternative it must
 5    find the following: (1) the  person  will  be  treated  by  a
 6    Department  approved  treatment  provider,  (2) the treatment
 7    provider has presented a specific course of treatment and has
 8    agreed to assume responsibility for the  treatment  and  will
 9    report  progress  to  the  Department on a regular basis, and
10    will  report  violations  immediately  to   the   Department,
11    consistent  with  treatment  and  supervision  needs  of  the
12    respondent, (3) housing exists that is sufficiently secure to
13    protect  the  community,  and  the person or agency providing
14    housing to the conditionally released person  has  agreed  in
15    writing  to  accept  the  person,  to  provide  the  level of
16    security required by the court, and immediately to report  to
17    the  Department  if the person leaves the housing to which he
18    or she has  been  assigned  without  authorization,  (4)  the
19    person  is  willing  to  or  has  agreed  to  comply with the
20    treatment provider, the Department, and the  court,  and  (5)
21    the  person  has agreed or is willing to agree to comply with
22    the behavioral monitoring requirements imposed by  the  court
23    and the Department.
24        (f)  If  the  court  finds that the person is appropriate
25    for  conditional  release,  the  court   shall   notify   the
26    Department.    The  Department  shall  prepare  a  plan  that
27    identifies the treatment  and  services,  if  any,  that  the
28    person  will receive in the community. The plan shall address
29    the person's  need,  if  any,  for  supervision,  counseling,
30    medication, community support services, residential services,
31    vocational   services,   and  alcohol  or  other  drug  abuse
32    treatment.  The Department may contract with a county  health
33    department,  with  another  public  agency  or with a private
34    agency to provide the treatment and  services  identified  in
 
                            -34-     LRB093 10381 RLC 15258 a
 1    the plan.  The plan shall specify who will be responsible for
 2    providing  the treatment and services identified in the plan.
 3    The plan shall be presented to the  court  for  its  approval
 4    within  60  days  after  the court finding that the person is
 5    appropriate for conditional release,  unless  the  Department
 6    and  the  person  to  be  released request additional time to
 7    develop the plan.
 8        (g)  The provisions of paragraph (b)(4) of Section 40  of
 9    this  Act  apply  to  an order for conditional release issued
10    under this Section.
11    (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

12        (725 ILCS 207/65)
13        Sec. 65.  Petition for discharge; procedure.
14        (a)(1)  If the Secretary determines at any  time  that  a
15    person  committed  under  this  Act  is  no longer a sexually
16    violent person, the Secretary shall authorize the  person  to
17    petition  the  committing  court  for  discharge.  The person
18    shall file the petition with the court and serve a copy  upon
19    the  Attorney  General  or the State's Attorney's office that
20    filed the petition under subsection (a) of Section 15 of this
21    Act, whichever is applicable.  The court, upon receipt of the
22    petition for discharge, shall order  a  hearing  to  be  held
23    within 45 days after the date of receipt of the petition.
24        (2)  At  a  hearing  under  this subsection, the Attorney
25    General or State's Attorney,  whichever  filed  the  original
26    petition,  shall represent the State and shall have the right
27    to have the petitioner examined by an expert or  professional
28    person  of  his  or  her  choice.   The  examination shall be
29    conducted in conformance with the standards  developed  under
30    the  Sex  Offender  Management  Board Act and by an evaluator
31    approved by the Board.  The committed person or the State may
32    elect to have the hearing before a jury.  The State  has  the
33    burden  of  proving by clear and convincing evidence that the
 
                            -35-     LRB093 10381 RLC 15258 a
 1    petitioner is still a sexually violent person.
 2        (3)  If the court or jury is satisfied that the State has
 3    not met its burden of proof under paragraph  (a)(2)  of  this
 4    Section,  the petitioner shall be discharged from the custody
 5    or supervision of the Department.  If the court is  satisfied
 6    that  the  State  has met its burden of proof under paragraph
 7    (a)(2), the court may proceed under Section 40 of this Act to
 8    determine  whether  to  modify  the   petitioner's   existing
 9    commitment order.
10        (b)(1)  A  person  may  petition the committing court for
11    discharge from custody or supervision without the Secretary's
12    approval.  At the time of an examination under subsection (a)
13    of Section 55 of this Act, the Secretary  shall  provide  the
14    committed  person with a written notice of the person's right
15    to petition the court  for  discharge  over  the  Secretary's
16    objection.  The notice shall contain a waiver of rights.  The
17    Secretary  shall  forward  the  notice and waiver form to the
18    court with the report of the Department's  examination  under
19    Section 55 of this Act.  If the person does not affirmatively
20    waive  the  right to petition, the court shall set a probable
21    cause hearing to determine whether facts exist that warrant a
22    hearing on whether the person is  still  a  sexually  violent
23    person.  If  a person does not file a petition for discharge,
24    yet fails to waive the right to petition under this  Section,
25    then  the probable cause hearing consists only of a review of
26    the reexamination reports and  arguments  on  behalf  of  the
27    parties. The committed person has a right to have an attorney
28    represent  him  or her at the probable cause hearing, but the
29    person is not entitled to be present at  the  probable  cause
30    hearing.  The  probable cause hearing under this Section must
31    be held within 45 days of the  filing  of  the  reexamination
32    report under Section 55 of this Act.
33        (2)  If  the  court  determines  at  the  probable  cause
34    hearing  under paragraph (b)(1) of this Section that probable
 
                            -36-     LRB093 10381 RLC 15258 a
 1    cause exists to believe  that  the  committed  person  is  no
 2    longer  a sexually violent person, then the court shall set a
 3    hearing on the issue. At a hearing under  this  Section,  the
 4    committed person is entitled to be present and to the benefit
 5    of the protections afforded to the person under Section 25 of
 6    this Act. The committed person or the State may elect to have
 7    a  hearing  under this Section before a jury.  A verdict of a
 8    jury under this Section is not valid unless it is  unanimous.
 9    The Attorney General or State's Attorney, whichever filed the
10    original  petition,  shall  represent  the State at a hearing
11    under this Section.   The State has the  right  to  have  the
12    committed  person  evaluated  by experts chosen by the State.
13    The examination shall be conducted in  conformance  with  the
14    standards  developed  under the Sex Offender Management Board
15    Act and by  an  evaluator  approved  by  the  Board.  At  the
16    hearing,  the  State  has  the burden of proving by clear and
17    convincing evidence that the  committed  person  is  still  a
18    sexually violent person.
19        (3)  If the court or jury is satisfied that the State has
20    not  met  its  burden of proof under paragraph (b)(2) of this
21    Section, the person shall be discharged from the  custody  or
22    supervision  of  the  Department.   If  the  court or jury is
23    satisfied that the State has met its burden  of  proof  under
24    paragraph (b)(2) of this Section, the court may proceed under
25    Section  40  of  this  Act to determine whether to modify the
26    person's existing commitment order.
27    (Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.)

28        Section  20.  The Unified Code of Corrections is  amended
29    by  changing  Sections  3-3-7,  3-6-2,  3-9-7,  5-3-1, 5-3-2,
30    5-4-1, 5-6-3, and 5-7-1 as follows:

31        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
32        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
 
                            -37-     LRB093 10381 RLC 15258 a
 1    Release.
 2        (a)  The conditions of  parole  or  mandatory  supervised
 3    release  shall  be  such  as  the Prisoner Review Board deems
 4    necessary to assist the  subject  in  leading  a  law-abiding
 5    life. The conditions of every parole and mandatory supervised
 6    release are that the subject:
 7             (1)  not   violate   any  criminal  statute  of  any
 8        jurisdiction during the parole or release term;
 9             (2)  refrain from  possessing  a  firearm  or  other
10        dangerous weapon;
11             (3)  report   to  an  agent  of  the  Department  of
12        Corrections;
13             (4)  permit the agent to visit him or her at his  or
14        her   home,   employment,  or  elsewhere  to  the  extent
15        necessary for the agent to discharge his or her duties;
16             (5)  attend or reside in a facility established  for
17        the  instruction  or  residence  of  persons on parole or
18        mandatory supervised release;
19             (6)  secure permission before visiting or writing  a
20        committed person in an Illinois Department of Corrections
21        facility;
22             (7)  report   all   arrests   to  an  agent  of  the
23        Department of Corrections as soon  as  permitted  by  the
24        arresting  authority  but in no event later than 24 hours
25        after release from custody;
26             (7.5)  if convicted of a sex offense as  defined  in
27        the  Sex  Offender  Management  Board Act, the individual
28        shall undergo  and  successfully  complete  sex  offender
29        treatment  conducted  in  conformance  with the standards
30        developed by the Sex Offender Management Board Act  by  a
31        treatment provider approved by the Board;
32             (8)  obtain permission of an agent of the Department
33        of Corrections before leaving the State of Illinois;
34             (9)  obtain permission of an agent of the Department
 
                            -38-     LRB093 10381 RLC 15258 a
 1        of  Corrections  before  changing his or her residence or
 2        employment;
 3             (10)  consent to a search  of  his  or  her  person,
 4        property, or residence under his or her control;
 5             (11)  refrain   from   the   use  or  possession  of
 6        narcotics or other controlled substances in any form,  or
 7        both,  or  any  paraphernalia related to those substances
 8        and submit to a urinalysis test as instructed by a parole
 9        agent of the Department of Corrections;
10             (12)  not   frequent   places    where    controlled
11        substances  are  illegally  sold,  used,  distributed, or
12        administered;
13             (13)  not knowingly associate with other persons  on
14        parole  or  mandatory  supervised  release  without prior
15        written permission of his or her  parole  agent  and  not
16        associate  with  persons  who are members of an organized
17        gang as that term is defined in the  Illinois  Streetgang
18        Terrorism Omnibus Prevention Act;
19             (14)  provide  true  and accurate information, as it
20        relates to his or her adjustment in the  community  while
21        on  parole  or  mandatory supervised release or to his or
22        her conduct while incarcerated, in response to  inquiries
23        by  his  or  her  parole  agent  or  of the Department of
24        Corrections; and
25             (15)  follow any specific instructions  provided  by
26        the  parole  agent  that  are  consistent with furthering
27        conditions set and approved by the Prisoner Review  Board
28        or   by   law,   exclusive  of  placement  on  electronic
29        detention, to achieve the goals and objectives of his  or
30        her  parole or mandatory supervised release or to protect
31        the public. These instructions by the parole agent may be
32        modified at any time, as the agent deems appropriate.
33        (b)  The  Board  may  in  addition  to  other  conditions
34    require that the subject:
 
                            -39-     LRB093 10381 RLC 15258 a
 1             (1)  work or pursue a course of study or  vocational
 2        training;
 3             (2)  undergo  medical  or  psychiatric treatment, or
 4        treatment for drug addiction or alcoholism;
 5             (3)  attend or reside in a facility established  for
 6        the  instruction  or residence of persons on probation or
 7        parole;
 8             (4)  support his dependents;
 9             (5)  (blank);
10             (6)  (blank);
11             (7)  comply with the  terms  and  conditions  of  an
12        order  of  protection  issued  pursuant  to  the Illinois
13        Domestic Violence  Act  of  1986,  enacted  by  the  84th
14        General Assembly, or an order of protection issued by the
15        court   of   another   state,  tribe,  or  United  States
16        territory; and
17             (8)  in addition, if a minor:
18                  (i)  reside with his parents  or  in  a  foster
19             home;
20                  (ii)  attend school;
21                  (iii)  attend  a  non-residential  program  for
22             youth; or
23                  (iv)  contribute  to his own support at home or
24             in a foster home.
25        (c)  The conditions under which the parole  or  mandatory
26    supervised  release  is to be served shall be communicated to
27    the person in writing prior to his release, and he shall sign
28    the same before release. A signed copy of  these  conditions,
29    including a copy of an order of protection where one had been
30    issued by the criminal court, shall be retained by the person
31    and  another  copy  forwarded to the officer in charge of his
32    supervision.
33        (d)  After a hearing under Section  3-3-9,  the  Prisoner
34    Review   Board may modify or enlarge the conditions of parole
 
                            -40-     LRB093 10381 RLC 15258 a
 1    or mandatory supervised release.
 2        (e)  The Department shall inform all offenders  committed
 3    to  the Department of the optional services available to them
 4    upon release and shall assist inmates in availing  themselves
 5    of  such  optional services upon their release on a voluntary
 6    basis.
 7    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

 8        (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
 9        Sec. 3-6-2.  Institutions and Facility Administration.
10        (a)  Each institution  and  facility  of  the  Department
11    shall  be  administered  by  a  chief  administrative officer
12    appointed by the Director.  A  chief  administrative  officer
13    shall   be  responsible  for  all  persons  assigned  to  the
14    institution or facility.  The  chief  administrative  officer
15    shall  administer  the  programs  of  the  Department for the
16    custody and treatment of such persons.
17        (b)  The chief administrative  officer  shall  have  such
18    assistants as the Department may assign.
19        (c)  The  Director  or  Assistant Director shall have the
20    emergency powers to temporarily transfer individuals  without
21    formal procedures to any State, county, municipal or regional
22    correctional  or  detention  institution  or  facility in the
23    State,  subject  to  the   acceptance   of   such   receiving
24    institution  or  facility,  or  to  designate  any reasonably
25    secure place in the State as such an institution or  facility
26    and  to make transfers thereto. However, transfers made under
27    emergency powers shall be reviewed  as  soon  as  practicable
28    under Article 8, and shall be subject to Section 5-905 of the
29    Juvenile  Court Act of 1987.  This Section shall not apply to
30    transfers to the  Department  of  Human  Services  which  are
31    provided for under Section 3-8-5 or Section 3-10-5.
32        (d)  The  Department  shall  provide educational programs
33    for all  committed  persons  so  that  all  persons  have  an
 
                            -41-     LRB093 10381 RLC 15258 a
 1    opportunity to attain the achievement level equivalent to the
 2    completion  of  the twelfth grade in the public school system
 3    in this State. Other higher levels  of  attainment  shall  be
 4    encouraged  and  professional instruction shall be maintained
 5    wherever possible. The Department may establish  programs  of
 6    mandatory  education  and may establish rules and regulations
 7    for the administration of such programs. A  person  committed
 8    to  the  Department  who,  during  the  period  of his or her
 9    incarceration,  participates  in   an   educational   program
10    provided  by  or  through  the  Department  and  through that
11    program is awarded or earns the number  of  hours  of  credit
12    required  for  the  award  of an associate, baccalaureate, or
13    higher  degree  from  a  community   college,   college,   or
14    university  located  in  Illinois  shall reimburse the State,
15    through the Department, for the costs incurred by  the  State
16    in providing that person during his or her incarceration with
17    the education that qualifies him or her for the award of that
18    degree.   The costs for which reimbursement is required under
19    this subsection shall  be  determined  and  computed  by  the
20    Department   under   rules  and  regulations  that  it  shall
21    establish for that purpose.  However, interest at the rate of
22    6% per annum shall be charged on the balance of  those  costs
23    from  time  to  time  remaining  unpaid, from the date of the
24    person's parole, mandatory  supervised  release,  or  release
25    constituting  a final termination of his or her commitment to
26    the Department until paid.
27        (e)  A person committed to the Department who becomes  in
28    need  of  medical  or  surgical treatment but is incapable of
29    giving consent thereto shall receive such medical or surgical
30    treatment by the chief administrative officer  consenting  on
31    the  person's behalf. Before the chief administrative officer
32    consents, he or she shall obtain the advice of  one  or  more
33    physicians  licensed to practice medicine in all its branches
34    in this State.  If such physician or physicians advise:
 
                            -42-     LRB093 10381 RLC 15258 a
 1             (1)  that immediate medical or surgical treatment is
 2        required relative to a  condition  threatening  to  cause
 3        death,  damage  or  impairment  to  bodily  functions, or
 4        disfigurement; and
 5             (2)  that  the  person  is  not  capable  of  giving
 6        consent  to  such  treatment;  the  chief  administrative
 7        officer may give consent for  such  medical  or  surgical
 8        treatment,  and  such  consent  shall be deemed to be the
 9        consent of the person for all  purposes,  including,  but
10        not limited to, the authority of a physician to give such
11        treatment.
12        (f)  In  the  event that the person requires medical care
13    and treatment at  a  place  other  than  the  institution  or
14    facility,   the   person   may  be  removed  therefrom  under
15    conditions prescribed by the Department. The Department shall
16    require the committed  person  receiving  medical  or  dental
17    services  on  a non-emergency basis to pay a $2 co-payment to
18    the Department for each visit for medical or dental services.
19    The amount of each co-payment  shall  be  deducted  from  the
20    committed person's individual account. A committed person who
21    has  a  chronic  illness,  as defined by Department rules and
22    regulations, shall be  exempt  from  the  $2  co-payment  for
23    treatment  of  the chronic illness.  A committed person shall
24    not be subject  to  a  $2  co-payment  for  follow-up  visits
25    ordered  by  a  physician,  who  is employed by, or contracts
26    with, the Department.  A committed person who is indigent  is
27    exempt  from  the  $2  co-payment  and is entitled to receive
28    medical or dental services on the same basis as  a  committed
29    person  who  is  financially  able  to afford the co-payment.
30    Notwithstanding any other provision in this subsection (f) to
31    the contrary, any person committed to any  facility  operated
32    by  the  Juvenile Division, as set forth in subsection (b) of
33    Section 3-2-5 of this Code, is  exempt  from  the  co-payment
34    requirement   for   the  duration  of  confinement  in  those
 
                            -43-     LRB093 10381 RLC 15258 a
 1    facilities.
 2        (g)  Any person having sole custody of  a  child  at  the
 3    time of commitment or any woman giving birth to a child after
 4    her   commitment,  may  arrange  through  the  Department  of
 5    Children and Family Services for suitable  placement  of  the
 6    child  outside of the Department of Corrections. The Director
 7    of the Department of Corrections may determine that there are
 8    special reasons why the child should continue in the  custody
 9    of the mother until the child is 6 years old.
10        (h)  The  Department  may  provide  Family Responsibility
11    Services which may consist of, but  not  be  limited  to  the
12    following:
13             (1)  family advocacy counseling;
14             (2)  parent self-help group;
15             (3)  parenting skills training;
16             (4)  parent and child overnight program;
17             (5)  parent   and  child  reunification  counseling,
18        either separately or  together,  preceding  the  inmate's
19        release; and
20             (6)  a  prerelease  reunification staffing involving
21        the  family   advocate,  the  inmate  and   the   child's
22        counselor, or both and the inmate.
23        (i)  Prior  to  the  release  of  any  inmate  who  has a
24    documented history of intravenous  drug  use,  and  upon  the
25    receipt  of  that  inmate's  written  informed  consent,  the
26    Department  shall  provide for the testing of such inmate for
27    infection with human immunodeficiency  virus  (HIV)  and  any
28    other identified causative agent of acquired immunodeficiency
29    syndrome  (AIDS).  The testing provided under this subsection
30    shall consist of an enzyme-linked immunosorbent assay (ELISA)
31    test or such other test as may be approved  by  the  Illinois
32    Department  of Public Health. If the test result is positive,
33    the Western Blot Assay or  more  reliable  confirmatory  test
34    shall  be administered. All inmates tested in accordance with
 
                            -44-     LRB093 10381 RLC 15258 a
 1    the provisions of this  subsection  shall  be  provided  with
 2    pre-test   and   post-test  counseling.  Notwithstanding  any
 3    provision of this subsection to the contrary, the  Department
 4    shall  not  be required to conduct the testing and counseling
 5    required by this subsection unless sufficient funds to  cover
 6    all costs of such testing and counseling are appropriated for
 7    that purpose by the General Assembly.
 8        (j)  Any  person convicted of a sex offense as defined in
 9    the Sex Offender Management Board Act shall  be  required  to
10    receive  a  sex offender evaluation prior to release into the
11    community  from  the  Department  of  Corrections.   The  sex
12    offender evaluation shall be conducted  in  conformance  with
13    the standards and guidelines developed under the Sex Offender
14    Management  Board  Act  and  by  an evaluator approved by the
15    Board.
16        (k)  Any   minor   committed   to   the   Department   of
17    Corrections-Juvenile Division for a sex offense as defined by
18    the Sex Offender Management Board Act shall  be  required  to
19    undergo  sex  offender  treatment  by  a  treatment  provider
20    approved  by  the Board and conducted in conformance with the
21    Sex Offender Management Board Act.
22    (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)

23        (730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7)
24        Sec. 3-9-7.  Sexual abuse counseling programs.
25        (a)  The Juvenile  Division  shall  establish  and  offer
26    sexual  abuse  counseling to both victims of sexual abuse and
27    sexual offenders in as many facilities as necessary to insure
28    sexual abuse counseling throughout the State.
29        (b)  Any   minor   committed   to   the   Department   of
30    Corrections-Juvenile Division for a sex  offense  as  defined
31    under the Sex Offender Management Board Act shall be required
32    to  undergo  sex  offender  treatment by a treatment provider
33    approved by the Board and conducted in conformance  with  the
 
                            -45-     LRB093 10381 RLC 15258 a
 1    standards developed by the Sex Offender Management Board Act.
 2    (Source: P.A. 87-444.)

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

19        (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
20        Sec. 5-3-2.  Presentence Report.
21        (a)  In  felony  cases,  the presentence report shall set
22    forth:
23             (1)  the  defendant's  history  of  delinquency   or
24        criminality,  physical  and mental history and condition,
25        family  situation  and   background,   economic   status,
26        education, occupation and personal habits;
27             (2)  information  about special resources within the
28        community  which  might  be  available  to   assist   the
29        defendant's  rehabilitation, including treatment centers,
30        residential  facilities,  vocational  training  services,
31        correctional manpower programs, employment opportunities,
32        special educational  programs,  alcohol  and  drug  abuse
 
                            -46-     LRB093 10381 RLC 15258 a
 1        programming,  psychiatric  and  marriage  counseling, and
 2        other  programs  and  facilities  which  could  aid   the
 3        defendant's successful reintegration into society;
 4             (3)  the  effect  the offense committed has had upon
 5        the victim  or  victims  thereof,  and  any  compensatory
 6        benefit that various sentencing alternatives would confer
 7        on such victim or victims;
 8             (4)  information  concerning  the defendant's status
 9        since arrest, including his record if released on his own
10        recognizance, or the defendant's  achievement  record  if
11        released on a conditional pre-trial supervision program;
12             (5)  when   appropriate,  a  plan,  based  upon  the
13        personal, economic and social  adjustment  needs  of  the
14        defendant,   utilizing   public   and  private  community
15        resources as an alternative to institutional sentencing;
16             (6)  any  other  matters  that   the   investigatory
17        officer  deems  relevant  or  the  court  directs  to  be
18        included; and
19             (7)  information  concerning defendant's eligibility
20        for a sentence to a county impact  incarceration  program
21        under Section 5-8-1.2 of this Code.
22        (b)  The  investigation  shall  include  a  physical  and
23    mental  examination  of  the defendant when so ordered by the
24    court.  If the court  determines  that  such  an  examination
25    should  be  made,  it shall issue an order that the defendant
26    submit to examination at such time and place as designated by
27    the court  and  that  such  examination  be  conducted  by  a
28    physician,  psychologist  or  psychiatrist  designated by the
29    court.  Such an examination  may  be  conducted  in  a  court
30    clinic  if  so  ordered  by  the  court.   The  cost  of such
31    examination shall be paid by the county in which the trial is
32    held.
33        (b-5)  In cases involving  felony  sex  offenses  or  any
34    felony  offense  that is sexually motivated as defined in the
 
                            -47-     LRB093 10381 RLC 15258 a
 1    Sex Offender Management Board Act,  the  investigation  shall
 2    include a sex offender evaluation by an evaluator approved by
 3    the  Board  and  conducted  in conformance with the standards
 4    developed under the Sex Offender Management Board Act.
 5        (c)  In misdemeanor, business offense  or  petty  offense
 6    cases, except as specified in subsection (d) of this Section,
 7    when a presentence report has been ordered by the court, such
 8    presentence   report   shall   contain   information  on  the
 9    defendant's history of delinquency or criminality  and  shall
10    further   contain   only  those  matters  listed  in  any  of
11    paragraphs (1) through (6) of subsection (a) or in subsection
12    (b) of this Section  as are specified by  the  court  in  its
13    order for the report.
14        (d)  In  cases  under  Section 12-15 and Section 12-30 of
15    the Criminal Code of 1961, as amended, the presentence report
16    shall  set  forth  information  about  alcohol,  drug  abuse,
17    psychiatric,  and  marriage  counseling  or  other  treatment
18    programs  and  facilities,  information  on  the  defendant's
19    history of delinquency  or  criminality,  and  shall  contain
20    those  additional  matters  listed  in  any of paragraphs (1)
21    through (6) of subsection (a) or in subsection  (b)  of  this
22    Section as are specified by the court.
23        (e)  Nothing in this Section shall cause the defendant to
24    be  held  without  bail  or  to have his bail revoked for the
25    purpose of preparing the  presentence  report  or  making  an
26    examination.
27    (Source: P.A. 89-587, eff. 7-31-96.)

28        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
29        Sec. 5-4-1.  Sentencing Hearing.
30        (a)  Except  when  the  death  penalty  is  sought  under
31    hearing procedures otherwise specified, after a determination
32    of  guilt,  a  hearing  shall be held to impose the sentence.
33    However, prior to the imposition of sentence on an individual
 
                            -48-     LRB093 10381 RLC 15258 a
 1    being sentenced for an offense based  upon  a  charge  for  a
 2    violation of Section 11-501 of the Illinois Vehicle Code or a
 3    similar  provision  of a local ordinance, the individual must
 4    undergo a professional evaluation to determine if an  alcohol
 5    or  other  drug abuse problem exists and the extent of such a
 6    problem.  Programs  conducting  these  evaluations  shall  be
 7    licensed  by  the  Department of Human Services.  However, if
 8    the individual is not a resident of Illinois, the court  may,
 9    in its discretion, accept an evaluation from a program in the
10    state  of  such  individual's residence. The court may in its
11    sentencing order approve an eligible defendant for  placement
12    in  a  Department of Corrections impact incarceration program
13    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
14    the court shall:
15             (1)  consider  the  evidence,  if any, received upon
16        the trial;
17             (2)  consider any presentence reports;
18             (3)  consider the financial impact of  incarceration
19        based  on  the  financial impact statement filed with the
20        clerk of the court by the Department of Corrections;
21             (4)  consider evidence and  information  offered  by
22        the parties in aggravation and mitigation;
23             (5)  hear arguments as to sentencing alternatives;
24             (6)  afford  the defendant the opportunity to make a
25        statement in his own behalf;
26             (7)  afford the victim  of  a  violent  crime  or  a
27        violation of Section 11-501 of the Illinois Vehicle Code,
28        or  a  similar  provision  of  a  local  ordinance,  or a
29        qualified individual affected by a violation  of  Section
30        405,  405.1,  405.2,  or  407  of the Illinois Controlled
31        Substances  Act,   committed   by   the   defendant   the
32        opportunity  to make a statement concerning the impact on
33        the victim  and  to  offer  evidence  in  aggravation  or
34        mitigation;  provided  that  the  statement  and evidence
 
                            -49-     LRB093 10381 RLC 15258 a
 1        offered  in  aggravation  or  mitigation  must  first  be
 2        prepared in  writing  in  conjunction  with  the  State's
 3        Attorney  before  it  may  be  presented  orally  at  the
 4        hearing.  Any  sworn  testimony  offered by the victim is
 5        subject to the defendant's right  to  cross-examine.  All
 6        statements  and evidence offered under this paragraph (7)
 7        shall become part of the record of the  court.   For  the
 8        purpose  of  this  paragraph  (7), "qualified individual"
 9        means any person who  (i)  lived  or  worked  within  the
10        territorial  jurisdiction  where  the  offense took place
11        when the offense took place; and (ii)  is  familiar  with
12        various public places within the territorial jurisdiction
13        where the offense took place when the offense took place.
14        For  the  purposes  of  this  paragraph  (7),  "qualified
15        individual"  includes any peace officer, or any member of
16        any duly organized State, county, or municipal peace unit
17        assigned  to  the  territorial  jurisdiction  where   the
18        offense took place when the offense took place; and
19             (8)  in   cases  of  reckless  homicide  afford  the
20        victim's spouse, guardians, parents  or  other  immediate
21        family  members  an  opportunity to make oral statements;
22        and.
23             (9)  in cases involving  a  felony  sex  offense  as
24        defined  under  the  Sex  Offender  Management Board Act,
25        consider the  results  of  the  sex  offender  evaluation
26        conducted pursuant to Section 5-3-2 of this Act.
27        (b)  All  sentences  shall  be imposed by the judge based
28    upon his independent assessment  of  the  elements  specified
29    above  and  any  agreement  as  to  sentence  reached  by the
30    parties.  The judge who presided at the trial  or  the  judge
31    who  accepted  the  plea  of guilty shall impose the sentence
32    unless he is no longer sitting as  a  judge  in  that  court.
33    Where  the judge does not impose sentence at the same time on
34    all defendants  who  are  convicted  as  a  result  of  being
 
                            -50-     LRB093 10381 RLC 15258 a
 1    involved  in  the  same offense, the defendant or the State's
 2    Attorney may advise the sentencing court of  the  disposition
 3    of any other defendants who have been sentenced.
 4        (c)  In imposing a sentence for a violent crime or for an
 5    offense  of  operating  or  being  in  physical  control of a
 6    vehicle while under the influence of alcohol, any other  drug
 7    or any combination thereof, or a similar provision of a local
 8    ordinance,  when such offense resulted in the personal injury
 9    to someone other than the defendant, the  trial  judge  shall
10    specify  on  the record the particular evidence, information,
11    factors in mitigation and aggravation or other  reasons  that
12    led to his sentencing determination. The full verbatim record
13    of  the  sentencing  hearing shall be filed with the clerk of
14    the court and shall be a public record.
15        (c-1)  In  imposing  a  sentence  for  the   offense   of
16    aggravated   kidnapping  for  ransom,  home  invasion,  armed
17    robbery, aggravated vehicular hijacking, aggravated discharge
18    of a firearm, or armed violence with a category I  weapon  or
19    category  II  weapon, the trial judge shall make a finding as
20    to whether the conduct leading to conviction for the  offense
21    resulted  in  great  bodily harm to a victim, and shall enter
22    that finding and the basis for that finding in the record.
23        (c-2)  If the defendant is  sentenced  to  prison,  other
24    than  when  a  sentence  of  natural  life  imprisonment or a
25    sentence of death is imposed, at the  time  the  sentence  is
26    imposed the judge shall state on the record in open court the
27    approximate  period  of  time  the  defendant  will  serve in
28    custody according to the then  current  statutory  rules  and
29    regulations  for  early  release  found  in Section 3-6-3 and
30    other related provisions of this  Code.   This  statement  is
31    intended  solely to inform the public, has no legal effect on
32    the defendant's actual release, and may not be relied  on  by
33    the defendant on appeal.
34        The  judge's statement, to be given after pronouncing the
 
                            -51-     LRB093 10381 RLC 15258 a
 1    sentence, other than when the sentence is imposed for one  of
 2    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
 3    shall include the following:
 4        "The purpose of this statement is to inform the public of
 5    the  actual  period of time this defendant is likely to spend
 6    in prison as a result of this sentence.  The actual period of
 7    prison time served is determined by the statutes of  Illinois
 8    as  applied  to  this  sentence by the Illinois Department of
 9    Corrections and the Illinois Prisoner Review Board.  In  this
10    case,  assuming the defendant receives all of his or her good
11    conduct credit, the period of estimated actual custody is ...
12    years and ... months, less up to  180  days  additional  good
13    conduct  credit  for  meritorious service.  If the defendant,
14    because of his or her own misconduct  or  failure  to  comply
15    with  the  institutional  regulations, does not receive those
16    credits, the actual time served in  prison  will  be  longer.
17    The  defendant  may  also  receive an additional one-half day
18    good  conduct  credit  for  each  day  of  participation   in
19    vocational,   industry,   substance  abuse,  and  educational
20    programs as provided for by Illinois statute."
21        When the sentence is imposed  for  one  of  the  offenses
22    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
23    when  the  sentence  is  imposed  for  one  of  the  offenses
24    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
25    or  after  June 19, 1998, and other than when the sentence is
26    imposed for reckless homicide as defined in subsection (e) of
27    Section 9-3 of the Criminal Code of 1961 if the  offense  was
28    committed  on  or  after January 1, 1999, and other than when
29    the sentence is imposed for aggravated arson if  the  offense
30    was  committed  on  or  after  the  effective  date  of  this
31    amendatory  Act  of  the  92nd  General Assembly, the judge's
32    statement, to be given after pronouncing the sentence,  shall
33    include the following:
34        "The purpose of this statement is to inform the public of
 
                            -52-     LRB093 10381 RLC 15258 a
 1    the  actual  period of time this defendant is likely to spend
 2    in prison as a result of this sentence.  The actual period of
 3    prison time served is determined by the statutes of  Illinois
 4    as  applied  to  this  sentence by the Illinois Department of
 5    Corrections and the Illinois Prisoner Review Board.  In  this
 6    case,  assuming the defendant receives all of his or her good
 7    conduct credit, the period of estimated actual custody is ...
 8    years and ... months, less up  to  90  days  additional  good
 9    conduct  credit  for  meritorious service.  If the defendant,
10    because of his or her own misconduct  or  failure  to  comply
11    with  the  institutional  regulations, does not receive those
12    credits, the actual time served in  prison  will  be  longer.
13    The  defendant  may  also  receive an additional one-half day
14    good  conduct  credit  for  each  day  of  participation   in
15    vocational,   industry,   substance  abuse,  and  educational
16    programs as provided for by Illinois statute."
17        When the sentence is imposed  for  one  of  the  offenses
18    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
19    first degree murder, and the  offense  was  committed  on  or
20    after  June  19,  1998,  and when the sentence is imposed for
21    reckless homicide as defined in subsection (e) of Section 9-3
22    of the Criminal Code of 1961 if the offense was committed  on
23    or  after  January  1, 1999, and when the sentence is imposed
24    for aggravated arson if the offense was committed on or after
25    the effective date of this amendatory Act of the 92nd General
26    Assembly,  the  judge's  statement,   to   be   given   after
27    pronouncing the sentence, shall 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, the defendant is entitled to no more than 4 1/2 days of
 
                            -53-     LRB093 10381 RLC 15258 a
 1    good  conduct credit for each month of his or her sentence of
 2    imprisonment.  Therefore, this defendant will serve at  least
 3    85%  of his or her sentence.  Assuming the defendant receives
 4    4 1/2 days credit for each month of his or her sentence,  the
 5    period  of  estimated  actual  custody  is  ... years and ...
 6    months.   If  the  defendant,  because  of  his  or  her  own
 7    misconduct  or  failure  to  comply  with  the  institutional
 8    regulations receives lesser credit, the actual time served in
 9    prison will be longer."
10        When a sentence of  imprisonment  is  imposed  for  first
11    degree  murder and the offense was committed on or after June
12    19,  1998,  the  judge's  statement,  to   be   given   after
13    pronouncing the sentence, shall include the following:
14        "The purpose of this statement is to inform the public of
15    the  actual  period of time this defendant is likely to spend
16    in prison as a result of this sentence.  The actual period of
17    prison time served is determined by the statutes of  Illinois
18    as  applied  to  this  sentence by the Illinois Department of
19    Corrections and the Illinois Prisoner Review Board.  In  this
20    case,  the  defendant is not entitled to good conduct credit.
21    Therefore, this defendant will  serve  100%  of  his  or  her
22    sentence."
23        (d)  When the defendant is committed to the Department of
24    Corrections,  the  State's Attorney shall and counsel for the
25    defendant may file a statement with the clerk of the court to
26    be transmitted to the department, agency  or  institution  to
27    which  the defendant is committed to furnish such department,
28    agency or institution with the facts and circumstances of the
29    offense for which the person was committed together with  all
30    other factual information accessible to them in regard to the
31    person  prior  to  his  commitment  relative  to  his habits,
32    associates, disposition and reputation and  any  other  facts
33    and  circumstances  which  may aid such department, agency or
34    institution during its custody of  such  person.   The  clerk
 
                            -54-     LRB093 10381 RLC 15258 a
 1    shall  within  10  days  after  receiving any such statements
 2    transmit a copy to such department, agency or institution and
 3    a copy to the other party, provided, however, that this shall
 4    not be cause  for  delay  in  conveying  the  person  to  the
 5    department,  agency  or  institution  to  which  he  has been
 6    committed.
 7        (e)  The  clerk  of  the  court  shall  transmit  to  the
 8    department, agency or  institution,  if  any,  to  which  the
 9    defendant is committed, the following:
10             (1)  the sentence imposed;
11             (2)  any  statement  by  the  court of the basis for
12        imposing the sentence;
13             (3)  any presentence reports;
14             (3.5)  any sex offender evaluations;
15             (4)  the number of days, if any, which the defendant
16        has been in custody and  for  which  he  is  entitled  to
17        credit  against  the sentence, which information shall be
18        provided to the clerk by the sheriff;
19             (4.1)  any finding of great bodily harm made by  the
20        court with respect to an offense enumerated in subsection
21        (c-1);
22             (5)  all  statements  filed  under subsection (d) of
23        this Section;
24             (6)  any  medical  or  mental  health   records   or
25        summaries of the defendant;
26             (7)  the   municipality  where  the  arrest  of  the
27        offender or the commission of the offense  has  occurred,
28        where  such  municipality  has  a population of more than
29        25,000 persons;
30             (8)  all statements made and evidence offered  under
31        paragraph (7) of subsection (a) of this Section; and
32             (9)  all  additional matters which the court directs
33        the clerk to transmit.
34    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
 
                            -55-     LRB093 10381 RLC 15258 a
 1    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

 2        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
 3        Sec.  5-6-3.  Conditions  of Probation and of Conditional
 4    Discharge.
 5        (a)  The  conditions  of  probation  and  of  conditional
 6    discharge shall be that the person:
 7             (1)  not  violate  any  criminal  statute   of   any
 8        jurisdiction;
 9             (2)  report  to  or  appear  in  person  before such
10        person or agency as directed by the court;
11             (3)  refrain from  possessing  a  firearm  or  other
12        dangerous weapon;
13             (4)  not  leave the State without the consent of the
14        court or, in circumstances in which the  reason  for  the
15        absence is of such an emergency nature that prior consent
16        by   the   court  is  not  possible,  without  the  prior
17        notification  and  approval  of  the  person's  probation
18        officer.  Transfer of a person's probation or conditional
19        discharge supervision to  another  state  is  subject  to
20        acceptance  by the other state pursuant to the Interstate
21        Compact for Adult Offender Supervision;
22             (5)  permit the probation officer to  visit  him  at
23        his   home  or  elsewhere  to  the  extent  necessary  to
24        discharge his duties;
25             (6)  perform no less  than  30  hours  of  community
26        service and not more than 120 hours of community service,
27        if community service is available in the jurisdiction and
28        is  funded  and  approved  by  the county board where the
29        offense was committed, where the offense was  related  to
30        or  in  furtherance  of  the  criminal  activities  of an
31        organized  gang  and  was  motivated  by  the  offender's
32        membership in or allegiance to an  organized  gang.   The
33        community  service  shall include, but not be limited to,
 
                            -56-     LRB093 10381 RLC 15258 a
 1        the  cleanup  and  repair  of  any  damage  caused  by  a
 2        violation of Section 21-1.3 of the Criminal Code of  1961
 3        and   similar  damage  to  property  located  within  the
 4        municipality or county in which the  violation  occurred.
 5        When  possible  and  reasonable,  the  community  service
 6        should  be performed in the offender's neighborhood.  For
 7        purposes  of  this  Section,  "organized  gang"  has  the
 8        meaning ascribed to it in  Section  10  of  the  Illinois
 9        Streetgang Terrorism Omnibus Prevention Act;
10             (7)  if  he  or  she is at least 17 years of age and
11        has been sentenced to probation or conditional  discharge
12        for  a  misdemeanor or felony in a county of 3,000,000 or
13        more inhabitants and has not been previously convicted of
14        a  misdemeanor  or  felony,  may  be  required   by   the
15        sentencing  court  to attend educational courses designed
16        to prepare the defendant for a high school diploma and to
17        work toward a high  school  diploma  or  to  work  toward
18        passing the high school level Test of General Educational
19        Development   (GED)  or   to  work  toward  completing  a
20        vocational training program approved by the  court.   The
21        person  on probation or conditional discharge must attend
22        a  public  institution  of  education   to   obtain   the
23        educational  or  vocational  training  required  by  this
24        clause  (7).   The  court  shall  revoke the probation or
25        conditional discharge of a person who wilfully  fails  to
26        comply  with this clause (7).  The person on probation or
27        conditional discharge shall be required to  pay  for  the
28        cost  of the educational courses or GED test, if a fee is
29        charged for those  courses  or  test.   The  court  shall
30        resentence  the  offender  whose probation or conditional
31        discharge has been revoked as provided in Section  5-6-4.
32        This  clause  (7)  does  not  apply to a person who has a
33        high school diploma or has successfully  passed  the  GED
34        test.  This clause (7)  does not apply to a person who is
 
                            -57-     LRB093 10381 RLC 15258 a
 1        determined by the court to be developmentally disabled or
 2        otherwise   mentally   incapable   of   completing    the
 3        educational or vocational program;
 4             (8)  if  convicted  of  possession  of  a  substance
 5        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 6        Controlled  Substances Act after a previous conviction or
 7        disposition of supervision for possession of a  substance
 8        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 9        Controlled   Substances   Act  or  after  a  sentence  of
10        probation under Section 10 of the Cannabis Control Act or
11        Section 410 of the Illinois Controlled Substances Act and
12        upon a finding by the court that the person is  addicted,
13        undergo  treatment  at a substance abuse program approved
14        by the court; and
15             (8.5)  if convicted  of  a  felony  sex  offense  as
16        defined  in  the  Sex  Offender Management Board Act, the
17        person  shall  undergo  and  successfully  complete   sex
18        offender  treatment  by  a treatment provider approved by
19        the Board and conducted in conformance with the standards
20        developed under the Sex Offender  Management  Board  Act;
21        and
22             (9)  if  convicted of a felony, physically surrender
23        at a time and place designated by the court, his  or  her
24        Firearm  Owner's  Identification  Card  and  any  and all
25        firearms in his or her possession.
26        (b)  The  Court  may  in  addition  to  other  reasonable
27    conditions relating to the  nature  of  the  offense  or  the
28    rehabilitation  of  the  defendant  as  determined  for  each
29    defendant  in the proper discretion of the Court require that
30    the person:
31             (1)  serve a term  of  periodic  imprisonment  under
32        Article  7  for  a period not to exceed that specified in
33        paragraph (d)  of Section 5-7-1;
34             (2)  pay a fine and costs;
 
                            -58-     LRB093 10381 RLC 15258 a
 1             (3)  work or pursue a course of study or  vocational
 2        training;
 3             (4)  undergo  medical,  psychological or psychiatric
 4        treatment; or treatment for drug addiction or alcoholism;
 5             (5)  attend or reside in a facility established  for
 6        the instruction or residence of defendants on probation;
 7             (6)  support his dependents;
 8             (7)  and in addition, if a minor:
 9                  (i)  reside  with  his  parents  or in a foster
10             home;
11                  (ii)  attend school;
12                  (iii)  attend  a  non-residential  program  for
13             youth;
14                  (iv)  contribute to his own support at home  or
15             in a foster home;
16                  (v)  with  the consent of the superintendent of
17             the facility, attend an  educational  program  at  a
18             facility  other than the school in which the offense
19             was committed if he or she is convicted of  a  crime
20             of  violence  as  defined  in Section 2 of the Crime
21             Victims Compensation Act committed in a  school,  on
22             the  real  property  comprising  a school, or within
23             1,000 feet of the real property comprising a school;
24             (8)  make restitution as provided in  Section  5-5-6
25        of this Code;
26             (9)  perform  some  reasonable  public  or community
27        service;
28             (10)  serve a term of home confinement.  In addition
29        to  any  other  applicable  condition  of  probation   or
30        conditional discharge, the conditions of home confinement
31        shall be that the offender:
32                  (i)  remain within the interior premises of the
33             place  designated  for  his  confinement  during the
34             hours designated by the court;
 
                            -59-     LRB093 10381 RLC 15258 a
 1                  (ii)  admit any person or agent  designated  by
 2             the  court  into the offender's place of confinement
 3             at any time for purposes of verifying the offender's
 4             compliance with the conditions of  his  confinement;
 5             and
 6                  (iii)  if further deemed necessary by the court
 7             or  the  Probation  or Court Services Department, be
 8             placed on an approved electronic monitoring  device,
 9             subject to Article 8A of Chapter V;
10                  (iv)  for  persons  convicted  of  any alcohol,
11             cannabis or controlled substance violation  who  are
12             placed   on  an  approved  monitoring  device  as  a
13             condition of probation or conditional discharge, the
14             court shall impose a reasonable fee for each day  of
15             the  use of the device, as established by the county
16             board in subsection  (g)  of  this  Section,  unless
17             after  determining  the inability of the offender to
18             pay the fee, the court assesses a lesser fee  or  no
19             fee as the case may be. This fee shall be imposed in
20             addition  to  the  fees  imposed  under  subsections
21             (g)  and  (i)  of  this  Section.  The  fee shall be
22             collected by the clerk of the  circuit  court.   The
23             clerk  of  the  circuit  court  shall pay all monies
24             collected from this fee to the county treasurer  for
25             deposit  in  the substance abuse services fund under
26             Section 5-1086.1 of the Counties Code; and
27                  (v)  for persons convicted  of  offenses  other
28             than  those referenced in clause (iv)  above and who
29             are placed on an approved  monitoring  device  as  a
30             condition of probation or conditional discharge, the
31             court  shall impose a reasonable fee for each day of
32             the use of the device, as established by the  county
33             board  in  subsection  (g)  of  this Section, unless
34             after determining the inability of the defendant  to
 
                            -60-     LRB093 10381 RLC 15258 a
 1             pay  the  fee, the court assesses a lesser fee or no
 2             fee as the case may be.  This fee shall  be  imposed
 3             in  addition  to  the fees imposed under subsections
 4             (g)  and (i)  of this Section.   The  fee  shall  be
 5             collected  by  the  clerk of the circuit court.  The
 6             clerk of the circuit  court  shall  pay  all  monies
 7             collected  from this fee to the county treasurer who
 8             shall use the monies collected to defray  the  costs
 9             of  corrections.  The county treasurer shall deposit
10             the fee collected in the county  working  cash  fund
11             under  Section  6-27001  or  Section  6-29002 of the
12             Counties Code, as the case may be.
13             (11)  comply with the terms  and  conditions  of  an
14        order  of  protection issued by the court pursuant to the
15        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
16        hereafter amended, or an order of  protection  issued  by
17        the  court  of  another  state,  tribe,  or United States
18        territory. A copy of the order  of  protection  shall  be
19        transmitted  to  the  probation  officer or agency having
20        responsibility for the case;
21             (12)  reimburse any "local  anti-crime  program"  as
22        defined  in  Section 7 of the Anti-Crime Advisory Council
23        Act for any reasonable expenses incurred by  the  program
24        on  the offender's case, not to exceed the maximum amount
25        of the fine authorized for  the  offense  for  which  the
26        defendant was sentenced;
27             (13)  contribute  a  reasonable sum of money, not to
28        exceed the maximum amount of the fine authorized for  the
29        offense  for  which  the  defendant  was  sentenced, to a
30        "local anti-crime program", as defined in  Section  7  of
31        the Anti-Crime Advisory Council Act;
32             (14)  refrain   from   entering  into  a  designated
33        geographic area except upon such terms as the court finds
34        appropriate. Such terms may include consideration of  the
 
                            -61-     LRB093 10381 RLC 15258 a
 1        purpose  of  the  entry,  the  time of day, other persons
 2        accompanying the defendant, and  advance  approval  by  a
 3        probation  officer,  if  the defendant has been placed on
 4        probation or  advance  approval  by  the  court,  if  the
 5        defendant was placed on conditional discharge;
 6             (15)  refrain  from  having any contact, directly or
 7        indirectly, with certain specified persons or  particular
 8        types of persons, including but not limited to members of
 9        street gangs and drug users or dealers;
10             (16)  refrain  from  having  in  his or her body the
11        presence of any illicit drug prohibited by  the  Cannabis
12        Control  Act  or  the Illinois Controlled Substances Act,
13        unless prescribed by a physician, and submit  samples  of
14        his  or her blood or urine or both for tests to determine
15        the presence of any illicit drug.
16        (c)  The court may as a  condition  of  probation  or  of
17    conditional discharge require that a person under 18 years of
18    age  found  guilty  of  any  alcohol,  cannabis or controlled
19    substance  violation,  refrain  from  acquiring  a   driver's
20    license   during  the  period  of  probation  or  conditional
21    discharge.  If such person is in possession of  a  permit  or
22    license,  the  court  may require that the minor refrain from
23    driving or operating any motor vehicle during the  period  of
24    probation   or   conditional  discharge,  except  as  may  be
25    necessary in the course of the minor's lawful employment.
26        (d)  An offender sentenced to probation or to conditional
27    discharge shall be given  a  certificate  setting  forth  the
28    conditions thereof.
29        (e)  Except  where the offender has committed a fourth or
30    subsequent violation of subsection (c)  of Section  6-303  of
31    the  Illinois  Vehicle Code, the court shall not require as a
32    condition  of  the  sentence  of  probation  or   conditional
33    discharge  that  the  offender  be  committed  to a period of
34    imprisonment in excess of 6 months. This 6 month limit  shall
 
                            -62-     LRB093 10381 RLC 15258 a
 1    not  include  periods  of  confinement  given  pursuant  to a
 2    sentence  of  county  impact  incarceration   under   Section
 3    5-8-1.2.  This  6  month  limit  does  not  apply to a person
 4    sentenced to probation as a  result  of  a  conviction  of  a
 5    fourth or subsequent violation of subsection (c-4) of Section
 6    11-501 of the Illinois Vehicle Code or a similar provision of
 7    a local ordinance.
 8        Persons  committed  to  imprisonment  as  a  condition of
 9    probation or conditional discharge shall not be committed  to
10    the Department of Corrections.
11        (f)  The   court  may  combine  a  sentence  of  periodic
12    imprisonment under Article 7 or a sentence to a county impact
13    incarceration program under Article  8  with  a  sentence  of
14    probation or conditional discharge.
15        (g)  An offender sentenced to probation or to conditional
16    discharge  and  who  during  the  term  of  either  undergoes
17    mandatory drug or alcohol testing, or both, or is assigned to
18    be  placed on an approved electronic monitoring device, shall
19    be ordered to pay all costs incidental to such mandatory drug
20    or alcohol testing, or both, and all costs incidental to such
21    approved  electronic  monitoring  in  accordance   with   the
22    defendant's  ability  to  pay  those costs.  The county board
23    with the concurrence of  the  Chief  Judge  of  the  judicial
24    circuit  in  which  the  county  is  located  shall establish
25    reasonable fees for the cost  of  maintenance,  testing,  and
26    incidental  expenses related to the mandatory drug or alcohol
27    testing, or  both,  and  all  costs  incidental  to  approved
28    electronic  monitoring,  involved  in  a successful probation
29    program for the county.  The concurrence of the  Chief  Judge
30    shall  be  in  the  form of an administrative order. The fees
31    shall be collected by the clerk of the  circuit  court.   The
32    clerk  of  the  circuit  court shall pay all moneys collected
33    from these fees to the county treasurer  who  shall  use  the
34    moneys collected to defray the costs of drug testing, alcohol
 
                            -63-     LRB093 10381 RLC 15258 a
 1    testing,  and  electronic  monitoring.  The  county treasurer
 2    shall deposit the fees collected in the county  working  cash
 3    fund under Section 6-27001 or Section 6-29002 of the Counties
 4    Code, as the case may be.
 5        (h)  Jurisdiction  over  an  offender  may be transferred
 6    from the sentencing court to the  court  of  another  circuit
 7    with  the  concurrence  of both courts.  Further transfers or
 8    retransfers of jurisdiction are also authorized in  the  same
 9    manner.  The court to which jurisdiction has been transferred
10    shall have the same powers as the sentencing court.
11        (i)  The court shall impose upon an offender sentenced to
12    probation  after  January 1, 1989 or to conditional discharge
13    after January 1, 1992, as a condition of  such  probation  or
14    conditional  discharge,  a  fee  of $35 $25 for each month of
15    probation or conditional discharge supervision ordered by the
16    court, unless after determining the inability of  the  person
17    sentenced  to  probation  or conditional discharge to pay the
18    fee, the court assesses a  lesser  fee.  The  court  may  not
19    impose  the  fee  on  a minor who is made a ward of the State
20    under the Juvenile Court Act of 1987 while the  minor  is  in
21    placement. The fee shall be imposed only upon an offender who
22    is  actively  supervised  by the probation and court services
23    department.  The fee shall be collected by the clerk  of  the
24    circuit  court.  The clerk of the circuit court shall deposit
25    $25 pay all monies collected from  this  fee  to  the  county
26    treasurer  for  deposit  in  the probation and court services
27    fund under  Section  15.1  of  the  Probation  and  Probation
28    Officers  Act.  The  clerk  of  the  court  shall deposit $10
29    collected from this fee  into  the  Sex  Offender  Management
30    Board  Fund  under  Section 19 of the Sex Offender Management
31    Board Act. Money deposited into the Sex  Offender  Management
32    Board   Fund  shall  be  administered  by  the  Sex  Offender
33    Management Board and be used to fund  practices  endorsed  or
34    required   under  the  Sex  Offender  Management  Board  Act,
 
                            -64-     LRB093 10381 RLC 15258 a
 1    including  but  not  limited  to  sex  offender   evaluation,
 2    treatment,  and  monitoring  programs  that  are  or  may  be
 3    developed by the agency providing supervision, the Department
 4    of Corrections or the Department of Human Services. This Fund
 5    shall also be used for administrative costs, including staff,
 6    incurred by the Board.
 7        (j)  All  fines  and costs imposed under this Section for
 8    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
 9    Vehicle  Code,  or  a similar provision of a local ordinance,
10    and any violation of the Child Passenger Protection Act, or a
11    similar provision of a local ordinance,  shall  be  collected
12    and  disbursed by the circuit clerk as provided under Section
13    27.5 of the Clerks of Courts Act.
14    (Source: P.A. 91-325, eff.  7-29-99;  91-696,  eff.  4-13-00;
15    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
16    8-10-01;  92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
17    eff. 6-26-02; 92-651, eff. 7-11-02.)

18        (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
19        Sec. 5-7-1.  Sentence of Periodic Imprisonment.
20        (a)  A sentence of periodic imprisonment is a sentence of
21    imprisonment  during  which  the  committed  person  may   be
22    released  for  periods of time during the day or night or for
23    periods of days, or both, or if convicted of a felony,  other
24    than  first  degree  murder,  a  Class  X  or Class 1 felony,
25    committed to any county, municipal, or regional  correctional
26    or  detention  institution or facility in this State for such
27    periods of time as the court may  direct.  Unless  the  court
28    orders  otherwise,  the  particular  times  and conditions of
29    release shall be determined by the Department of Corrections,
30    the  sheriff,  or  the  Superintendent  of   the   house   of
31    corrections, who is administering the program.
32        (b)  A  sentence  of periodic imprisonment may be imposed
33    to permit the defendant to:
 
                            -65-     LRB093 10381 RLC 15258 a
 1             (1)  seek employment;
 2             (2)  work;
 3             (3)  conduct  a  business  or  other   self-employed
 4        occupation including housekeeping;
 5             (4)  attend to family needs;
 6             (5)  attend  an  educational  institution, including
 7        vocational education;
 8             (6)  obtain medical or psychological treatment;
 9             (7)  perform work duties at a county, municipal,  or
10        regional   correctional   or   detention  institution  or
11        facility;
12             (8)  continue to reside  at  home  with  or  without
13        supervision  involving  the use of an approved electronic
14        monitoring device, subject to Article 8A of Chapter V; or
15             (9)  for any other purpose determined by the court.
16        (c)  Except where prohibited by other provisions of  this
17    Code,   the   court   may   impose  a  sentence  of  periodic
18    imprisonment for a felony or misdemeanor on a person  who  is
19    17  years  of  age  or  older.  The  court shall not impose a
20    sentence of periodic imprisonment if it imposes a sentence of
21    imprisonment upon the defendant in excess of 90 days.
22        (d)  A sentence of periodic imprisonment shall be  for  a
23    definite  term  of from 3 to 4 years for a Class 1 felony, 18
24    to 30 months for a Class 2 felony, and up to  18  months,  or
25    the  longest  sentence  of imprisonment that could be imposed
26    for the offense, whichever is less, for all  other  offenses;
27    however,  no  person shall be sentenced to a term of periodic
28    imprisonment longer than one year if he  is  committed  to  a
29    county   correctional   institution   or   facility,  and  in
30    conjunction with that sentence participate in a  county  work
31    release  program  comparable  to  the  work  and  day release
32    program provided for in Article 13 of  the  Unified  Code  of
33    Corrections  in  State  facilities.  The term of the sentence
34    shall be calculated upon the basis of  the  duration  of  its
 
                            -66-     LRB093 10381 RLC 15258 a
 1    term  rather  than upon the basis of the actual days spent in
 2    confinement.  No sentence of periodic imprisonment  shall  be
 3    subject  to  the good time credit provisions of Section 3-6-3
 4    of this Code.
 5        (e)  When  the  court  imposes  a  sentence  of  periodic
 6    imprisonment, it shall state:
 7             (1)  the term of such sentence;
 8             (2)  the days or parts of days which  the  defendant
 9        is to be confined;
10             (3)  the conditions.
11        (f)  The  court may issue an order of protection pursuant
12    to the Illinois Domestic Violence Act of 1986 as a  condition
13    of a sentence of periodic imprisonment. The Illinois Domestic
14    Violence  Act  of 1986 shall govern the issuance, enforcement
15    and recording of  orders  of  protection  issued  under  this
16    Section.   A  copy  of  the  order  of  protection  shall  be
17    transmitted to the person or agency having responsibility for
18    the case.
19        (f-5)  An  offender  sentenced  to  a  term  of  periodic
20    imprisonment for a felony sex offense as defined in  the  Sex
21    Offender  Management  Board  Act shall be required to undergo
22    and  successfully  complete  sex  offender  treatment  by   a
23    treatment  provider  approved  by  the Board and conducted in
24    conformance  with  the  standards  developed  under  the  Sex
25    Offender Management Board Act.
26        (g)  An offender sentenced to periodic  imprisonment  who
27    undergoes  mandatory  drug or alcohol testing, or both, or is
28    assigned to be placed on an  approved  electronic  monitoring
29    device,  shall be ordered to pay the costs incidental to such
30    mandatory  drug  or  alcohol  testing,  or  both,  and  costs
31    incidental  to  such  approved   electronic   monitoring   in
32    accordance  with  the defendant's ability to pay those costs.
33    The county board with the concurrence of the Chief  Judge  of
34    the  judicial  circuit  in  which the county is located shall
 
                            -67-     LRB093 10381 RLC 15258 a
 1    establish  reasonable  fees  for  the  cost  of  maintenance,
 2    testing, and incidental expenses  related  to  the  mandatory
 3    drug or alcohol testing, or both, and all costs incidental to
 4    approved  electronic  monitoring,  of  all  offenders  with a
 5    sentence of periodic imprisonment.  The  concurrence  of  the
 6    Chief  Judge shall be in the form of an administrative order.
 7    The fees shall be collected  by  the  clerk  of  the  circuit
 8    court.   The  clerk of the circuit court shall pay all moneys
 9    collected from these fees to the county treasurer  who  shall
10    use  the  moneys  collected  to  defray  the  costs  of  drug
11    testing, alcohol testing, and  electronic  monitoring.    The
12    county  treasurer  shall  deposit  the  fees collected in the
13    county working cash fund under  Section  6-27001  or  Section
14    6-29002 of the Counties Code, as the case may be.
15        (h)  All  fees  and  costs imposed under this Section for
16    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
17    Vehicle  Code,  or  a similar provision of a local ordinance,
18    and any violation of the Child Passenger Protection Act, or a
19    similar provision of a local ordinance,  shall  be  collected
20    and  disbursed by the circuit clerk as provided under Section
21    27.5 of the Clerks of Courts Act.
22        (i)  A  defendant  at  least  17  years  of  age  who  is
23    convicted of a misdemeanor or felony in a county of 3,000,000
24    or more inhabitants and who has not been previously convicted
25    of a misdemeanor or a felony and who is sentenced to  a  term
26    of  periodic  imprisonment  may  as a condition of his or her
27    sentence be required  by  the  court  to  attend  educational
28    courses  designed  to prepare the defendant for a high school
29    diploma and to work toward receiving a high school diploma or
30    to work toward passing the high school level Test of  General
31    Educational  Development (GED) or to work toward completing a
32    vocational training  program  approved  by  the  court.   The
33    defendant  sentenced  to  periodic imprisonment must attend a
34    public institution of education to obtain the educational  or
 
                            -68-     LRB093 10381 RLC 15258 a
 1    vocational  training  required  by  this subsection (i).  The
 2    defendant sentenced to a term of periodic imprisonment  shall
 3    be required to pay for the cost of the educational courses or
 4    GED  test, if a fee is charged for those courses or test. The
 5    court shall revoke the sentence of periodic  imprisonment  of
 6    the   defendant  who  wilfully  fails  to  comply  with  this
 7    subsection (i).  The court  shall  resentence  the  defendant
 8    whose  sentence  of periodic imprisonment has been revoked as
 9    provided in Section 5-7-2.   This  subsection  (i)  does  not
10    apply  to  a  defendant  who has a high school diploma or has
11    successfully passed the GED test. This  subsection  (i)  does
12    not apply to a defendant who is determined by the court to be
13    developmentally  disabled  or otherwise mentally incapable of
14    completing the educational or vocational program.
15    (Source: P.A.  89-688,  eff.  6-1-97;  90-399,  eff.  1-1-98;
16    90-655, eff. 7-30-98.)

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

19        (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
20        Sec. 15.1.  Probation and Court Services Fund.
21        (a)  The county treasurer in each county shall  establish
22    a  probation  and  court  services  fund  consisting  of fees
23    collected pursuant to subsection (i)  of  Section  5-6-3  and
24    subsection  (i)  of  Section  5-6-3.1  of the Unified Code of
25    Corrections, subsection (10) of Section 5-615 and  subsection
26    (5)  of  Section 5-715 of the Juvenile Court Act of 1987, and
27    paragraph 14.3 of subsection (b) of  Section  110-10  of  the
28    Code  of  Criminal  Procedure  of 1963.  The county treasurer
29    shall disburse monies from the fund only at the direction  of
30    the  chief  judge  of the circuit court in such circuit where
31    the county is located.  The county treasurer of  each  county
32    shall, on or before January 10 of each year, submit an annual
 
                            -69-     LRB093 10381 RLC 15258 a
 1    report to the Supreme Court.
 2        (b)  Monies  in  the  probation  and  court services fund
 3    shall be appropriated by the county board to be  used  within
 4    the county or jurisdiction where collected in accordance with
 5    policies and guidelines approved by the Supreme Court for the
 6    costs   of   operating   the  probation  and  court  services
 7    department or departments; however, monies in  the  probation
 8    and  court services fund shall not be used for the payment of
 9    salaries of probation and court services personnel.
10        (c)  Monies  expended  from  the  probation   and   court
11    services  fund  shall  be  used  to supplement, not supplant,
12    county appropriations for probation and court services.
13        (d)  Interest earned on monies deposited in  a  probation
14    and  court  services  fund  may be used by the county for its
15    ordinary and contingent expenditures.
16        (e)  The county board may  appropriate  moneys  from  the
17    probation  and court services fund, upon the direction of the
18    chief judge,  to  support  programs  that  are  part  of  the
19    continuum of juvenile delinquency intervention programs which
20    are  or  may be developed within the county.  The grants from
21    the probation and court services fund shall be  for  no  more
22    than  one  year and may be used for any expenses attributable
23    to the program including administration and oversight of  the
24    program by the probation department.
25        (f)  The  county  board  may  appropriate moneys from the
26    probation and court services fund, upon the direction of  the
27    chief  judge, to support practices endorsed or required under
28    the Sex Offender Management  Board  Act,  including  but  not
29    limited to sex offender evaluation, treatment, and monitoring
30    programs that are or may be developed within the county.
31    (Source: P.A. 92-329, eff. 8-9-01.)

32        Section   30.   The  Sex  Offender  Registration  Act  is
33    amended by changing Section 3 as follows:
 
                            -70-     LRB093 10381 RLC 15258 a
 1        (730 ILCS 150/3) (from Ch. 38, par. 223)
 2        Sec. 3.  Duty to register.
 3        (a)  A sex offender, as defined in Section 2 of this Act,
 4    or  sexual  predator shall, within the time period prescribed
 5    in subsections (b) and (c), register in  person  and  provide
 6    accurate  information  as required by the Department of State
 7    Police.  Such  information  shall  include  current  address,
 8    current  place  of  employment,  and school attended. The sex
 9    offender or sexual predator shall register:
10             (1)  with  the  chief  of  police  in  each  of  the
11        municipalities in which he  or  she  attends  school,  is
12        employed,  resides  or  is  temporarily  domiciled  for a
13        period  of  time  of  10  or  more   days,   unless   the
14        municipality  is the City of Chicago, in which case he or
15        she shall  register  at  the  Chicago  Police  Department
16        Headquarters; or
17             (2)  with  the  sheriff  in  each of the counties in
18        which he or she attends school, is employed,  resides  or
19        is temporarily domiciled in an unincorporated area or, if
20        incorporated, no police chief exists.
21    For  purposes  of  this  Article,  the  place of residence or
22    temporary domicile is defined as any and all places where the
23    sex offender resides for an aggregate period of time of 10 or
24    more days during any calendar year.
25        The  sex  offender  or  sexual  predator  shall   provide
26    accurate  information  as required by the Department of State
27    Police.  That information shall include the sex offender's or
28    sexual predator's current place of employment.
29        (a-5)  An out-of-state student or  out-of-state  employee
30    shall, within 10 days after beginning school or employment in
31    this   State,   register   in  person  and  provide  accurate
32    information as required by the Department  of  State  Police.
33    Such  information  will  include current place of employment,
34    school attended, and address in state of residence:
 
                            -71-     LRB093 10381 RLC 15258 a
 1             (1)  with  the  chief  of  police  in  each  of  the
 2        municipalities in which he or she attends  school  or  is
 3        employed  for  a period of time of 10 or more days or for
 4        an aggregate period of time of more than 30  days  during
 5        any calendar year, unless the municipality is the City of
 6        Chicago,  in  which  case he or she shall register at the
 7        Chicago Police Department Headquarters; or
 8             (2)  with the sheriff in each  of  the  counties  in
 9        which  he  or  she  attends  school  or is employed for a
10        period of time of 10 or more days  or  for  an  aggregate
11        period  of  time of more than 30 days during any calendar
12        year in an unincorporated area or,  if  incorporated,  no
13        police chief exists.
14        The  out-of-state  student or out-of-state employee shall
15    provide accurate information as required by the Department of
16    State   Police.    That   information   shall   include   the
17    out-of-state student's current place of school attendance  or
18    the out-of-state employee's current place of employment.
19        (b)  Any  sex  offender,  as defined in Section 2 of this
20    Act, or sexual predator, regardless of any initial, prior, or
21    other  registration,  shall,  within  10  days  of  beginning
22    school, or establishing a residence, place of employment,  or
23    temporary  domicile  in any county, register in person as set
24    forth in subsection (a) or (a-5).
25        (c)  The registration for any person required to register
26    under this Article shall be as follows:
27             (1)  Any person registered under the Habitual  Child
28        Sex  Offender  Registration Act or the Child Sex Offender
29        Registration Act prior  to  January  1,  1996,  shall  be
30        deemed  initially  registered  as  of  January  1,  1996;
31        however,  this  shall  not  be  construed  to  extend the
32        duration of registration set forth in Section 7.
33             (2)  Except as provided in  subsection  (c)(4),  any
34        person convicted or adjudicated prior to January 1, 1996,
 
                            -72-     LRB093 10381 RLC 15258 a
 1        whose  liability for registration under Section 7 has not
 2        expired, shall register in person prior  to  January  31,
 3        1996.
 4             (2.5)  Except  as provided in subsection (c)(4), any
 5        person  who  has  not  been  notified  of  his   or   her
 6        responsibility   to  register  shall  be  notified  by  a
 7        criminal justice entity of his or her  responsibility  to
 8        register.    Upon   notification  the  person  must  then
 9        register within 10 days of notification  of  his  or  her
10        requirement  to  register.   If  notification is not made
11        within the offender's 10 year  registration  requirement,
12        and the Department of State Police determines no evidence
13        exists  or  indicates  the  offender  attempted  to avoid
14        registration, the offender will no longer be required  to
15        register under this Act.
16             (3)  Except  as  provided  in subsection (c)(4), any
17        person convicted on  or  after  January  1,  1996,  shall
18        register  in person within 10 days after the entry of the
19        sentencing order based upon his or her conviction.
20             (4)  Any  person   unable   to   comply   with   the
21        registration  requirements  of this Article because he or
22        she is  confined,  institutionalized,  or  imprisoned  in
23        Illinois  on  or after January 1, 1996, shall register in
24        person within 10 days of discharge, parole or release.
25             (5)  The    person    shall     provide     positive
26        identification and documentation that substantiates proof
27        of residence at the registering address.
28             (6)  The person shall pay a $10 initial registration
29        fee  and a $5 annual renewal fee.  The fees shall be used
30        by the registering agency  for  official  purposes.   The
31        agency shall establish procedures to document receipt and
32        use  of  the  funds.  The  law  enforcement agency having
33        jurisdiction  may  waive  the  registration  fee  if   it
34        determines  that the person is indigent and unable to pay
 
                            -73-     LRB093 10381 RLC 15258 a
 1        the  registration  fee.  Ten  dollars  for  the   initial
 2        registration  fee  and $5 of the annual renewal fee shall
 3        be used by the registering agency for official  purposes.
 4        Ten dollars of the initial registration fee and $5 of the
 5        annual  fee  shall  be  deposited  into  the Sex Offender
 6        Management  Board  Fund  under  Section  19  of  the  Sex
 7        Offender Management Board Act. Money deposited  into  the
 8        Sex  Offender Management Board Fund shall be administered
 9        by the Sex Offender Management Board and shall be used to
10        fund practices endorsed or required by the  Sex  Offender
11        Management  Board  Act  including  but not limited to sex
12        offenders evaluation, treatment, or  monitoring  programs
13        that   are   or   may   be  developed,  as  well  as  for
14        administrative costs, including staff,  incurred  by  the
15        Board.
16        (d)  Within   10   days   after   obtaining  or  changing
17    employment and, if employed on January  1,  2000,  within  10
18    days  after  that  date,  a person required to register under
19    this Section must report, in person or in writing to the  law
20    enforcement agency having jurisdiction, the business name and
21    address  where  he  or  she  is  employed.  If the person has
22    multiple businesses or work  locations,  every  business  and
23    work  location must be reported to the law enforcement agency
24    having jurisdiction.
25    (Source: P.A.  91-48,  eff.  7-1-99;  91-394,  eff.   1-1-00;
26    92-828, eff. 8-22-02.)

27        Section  99.   Effective  date.   This  Act  takes effect
28    January 1, 2004.".