093_HB3556sam002

 










                                     LRB093 10381 RLC 15756 a

 1                    AMENDMENT TO HOUSE BILL 3556

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

 5        "Section 5.  The Sex Offender  Management  Board  Act  is
 6    amended  by  changing  Sections 10 and 15 and adding Sections
 7    16, 17, 18, and 19 as follows:

 8        (20 ILCS 4026/10)
 9        Sec. 10.  Definitions.  In this Act, unless  the  context
10    otherwise requires:
11        (a)  "Board"  means  the  Sex  Offender  Management Board
12    created in Section 15.
13        (b)  "Sex offender" means any person who is convicted  or
14    found  delinquent  in  the  State  of  Illinois, or under any
15    substantially similar federal law or law of another state, of
16    any sex offense or attempt of a sex  offense  as  defined  in
17    subsection (c) of this Section, or any former statute of this
18    State  that  defined  a  felony  sex offense, or who has been
19    certified as a sexually dangerous person under  the  Sexually
20    Dangerous  Persons  Act or declared a sexually violent person
21    under the Sexually Violent Persons  Commitment  Act,  or  any
22    substantially similar federal law or law of another state.
 
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 1        (c)  "Sex   offense"  means  any  felony  or  misdemeanor
 2    offense described in this subsection (c) as follows:
 3             (1)  Indecent solicitation of a child, in  violation
 4        of Section 11-6 of the Criminal Code of 1961;
 5             (2)  Indecent solicitation of an adult, in violation
 6        of Section 11-6.5 of the Criminal Code of 1961;
 7             (3)  Public  indecency, in violation of Section 11-9
 8        of the Criminal Code of 1961;
 9             (4)  Sexual exploitation of a child, in violation of
10        Section 11-9.1 of the Criminal Code of 1961;
11             (5)  Sexual relations within families, in  violation
12        of Section 11-11 of the Criminal Code of 1961;
13             (6)  Soliciting   for   a  juvenile  prostitute,  in
14        violation of Section 11-15.1  of  the  Criminal  Code  of
15        1961;
16             (7)  Keeping  a  place  of juvenile prostitution, in
17        violation of Section 11-17.1  of  the  Criminal  Code  of
18        1961;
19             (8)  Patronizing a juvenile prostitute, in violation
20        of Section 11-18.1 of the Criminal Code of 1961;
21             (9)  Juvenile   pimping,  in  violation  of  Section
22        11-19.1 of the Criminal Code of 1961;
23             (10)  Exploitation  of  a  child,  in  violation  of
24        Section 11-19.2 of the Criminal Code of 1961;
25             (11)  Child pornography,  in  violation  of  Section
26        11-20.1 of the Criminal Code of 1961;
27             (12)  Harmful  material,  in  violation  of  Section
28        11-21 of the Criminal Code of 1961;
29             (13)  Criminal   sexual  assault,  in  violation  of
30        Section 12-13 of the Criminal Code of 1961;
31             (14)  Aggravated   criminal   sexual   assault,   in
32        violation of Section 12-14 of the Criminal Code of 1961;
33             (15)  Predatory criminal sexual assault of a  child,
34        in  violation  of Section 12-14.1 of the Criminal Code of
 
                            -3-      LRB093 10381 RLC 15756 a
 1        1961;
 2             (16)  Criminal sexual abuse, in violation of Section
 3        12-15 of the Criminal Code of 1961;
 4             (17)  Aggravated criminal sexual abuse, in violation
 5        of Section 12-16 of the Criminal Code of 1961;
 6             (18)  Ritualized abuse of a child, in  violation  of
 7        Section 12-33 of the Criminal Code of 1961;
 8             (19)  An  attempt  to  commit  any  of  the offenses
 9        enumerated in this subsection (c); or.
10             (20)  Any felony offense under Illinois law that  is
11        sexually motivated.
12        (d)  "Management"   means   counseling,  monitoring,  and
13    supervision  of  any  sex  offender  that  conforms  to   the
14    standards created by the Board under Section 15.
15        (e)  "Sexually  motivated" means one or more of the facts
16    of the underlying offense indicates  conduct  that  is  of  a
17    sexual  nature  or that shows an intent to engage in behavior
18    of a sexual nature.
19    (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)

20        (20 ILCS 4026/15)
21        Sec.  15.  Sex  Offender  Management   Board;   creation;
22    duties.
23        (a)  There  is created the Sex Offender Management Board,
24    which shall consist of 24 20 members.  The membership of  the
25    Board shall consist of the following persons:
26             (1)  Two   members   appointed   by   the   Governor
27        representing  the  judiciary,  one  representing juvenile
28        court matters and one representing adult  criminal  court
29        matters;
30             (2)  One    member   appointed   by   the   Governor
31        representing Probation Services;
32             (3)  One   member   appointed   by   the    Governor
33        representing the Department of Corrections;
 
                            -4-      LRB093 10381 RLC 15756 a
 1             (4)  One    member   appointed   by   the   Governor
 2        representing the Department of Human Services;
 3             (5)  One   member   appointed   by   the    Governor
 4        representing the Illinois State Police;
 5             (6)  One    member   appointed   by   the   Governor
 6        representing  the  Department  of  Children  and   Family
 7        Services;
 8             (7)  One  member  appointed  by the Attorney General
 9        representing the Office of the Attorney General;
10             (8)  Two members appointed by the  Attorney  General
11        who   are   licensed  mental  health  professionals  with
12        documented expertise in the treatment of sex offenders;
13             (9)  Two members appointed by the  Attorney  General
14        who are State's Attorneys or assistant State's Attorneys,
15        one   representing   juvenile   court   matters  and  one
16        representing felony court matters;
17             (10)  One  member  being  the  Cook  County  State's
18        Attorney or his or her designee;
19             (11)  One member being the Director of  the  State's
20        Attorneys Appellate Prosecutor or his or her designee;
21             (12)  One   member  being  the  Cook  County  Public
22        Defender or his or her designee;
23             (13)  Two members appointed by the Governor who  are
24        representatives  of law enforcement, one juvenile officer
25        and one sex crime investigator;
26             (14)  Two members appointed by the Attorney  General
27        who are recognized experts in the field of sexual assault
28        and who can represent sexual assault victims and victims'
29        rights organizations; and
30             (15)  One  member being the State Appellate Defender
31        or his or her designee;.
32             (16)  One member being the President of the Illinois
33        Polygraph Society or his or her designee;
34             (17)  One member being the Executive Director of the
 
                            -5-      LRB093 10381 RLC 15756 a
 1        Criminal Justice Information  Authority  or  his  or  her
 2        designee;
 3             (18)  One member being the President of the Illinois
 4        Chapter  of  the  Association for the Treatment of Sexual
 5        Abusers or his or her designee; and
 6             (19)  One member representing the Illinois Principal
 7        Association.
 8        (b)  The Governor and the Attorney General shall  appoint
 9    a  presiding  officer  for  the  Board  from  among the board
10    members appointed under subsection (a) of this Section, which
11    presiding officer shall serve at the pleasure of the Governor
12    and the Attorney General.
13        (c)  Each  member  of   the   Board   shall   demonstrate
14    substantial  expertise  and experience in the field of sexual
15    assault.
16        (d)  (1)  Any member of the Board created  in  subsection
17    (a)  of  this  Section  who is appointed under paragraphs (1)
18    through (7) of subsection (a) of this Section shall serve  at
19    the pleasure of the official who appointed that member, for a
20    term  of  5  years and may be reappointed.  The members shall
21    serve without additional compensation.
22        (2)  Any member of the Board created in subsection (a) of
23    this Section who is appointed under  paragraphs  (8)  through
24    (14) of subsection (a) of this Section shall serve for a term
25    of  5  years and may be reappointed.  The members shall serve
26    without compensation.
27        (3)  The travel costs associated with membership  on  the
28    Board  created  in  subsection  (a)  of  this Section will be
29    reimbursed subject to availability of funds.
30        (e)  The first meeting of this Board shall be held within
31    45 days of the effective date of this Act.
32        (f)  The Board shall carry out the following duties:
33             (1)  Not later than December  31,  2001,  the  Board
34        shall   develop   and   prescribe  separate  standardized
 
                            -6-      LRB093 10381 RLC 15756 a
 1        procedures for the evaluation and identification  of  the
 2        offender  and  recommend behavior management, monitoring,
 3        and treatment counseling based upon  the  knowledge  that
 4        sex  offenders are extremely habituated and that there is
 5        no known cure for the propensity  to  commit  sex  abuse.
 6        The Board shall develop and implement measures of success
 7        based  upon a no-cure policy for intervention.  The Board
 8        shall develop and implement methods of  intervention  for
 9        sex  offenders  which have as a priority the physical and
10        psychological safety of victims and potential victims and
11        which are appropriate to  the  needs  of  the  particular
12        offender,  so long as there is no reduction of the safety
13        of victims and potential victims.
14             (2)  Not later than December  31,  2001,  the  Board
15        shall  develop  separate  guidelines  and standards for a
16        system of  programs  for  the  evaluation  and  treatment
17        counseling of both juvenile and adult sex offenders which
18        shall  can  be  utilized  by  offenders who are placed on
19        probation, committed to the Department of Corrections  or
20        Department  of  Human  Services,  or  placed on mandatory
21        supervised release or  parole.   The  programs  developed
22        under this paragraph (f) shall be as flexible as possible
23        so  that the programs may be utilized by each offender to
24        prevent the offender from harming victims  and  potential
25        victims.   The  programs  shall  be  structured in such a
26        manner that the programs provide a continuing  monitoring
27        process as well as a continuum of counseling programs for
28        each  offender  as  that  offender  proceeds  through the
29        justice system.  Also, the programs shall be developed in
30        such a manner that, to the extent possible, the  programs
31        may be accessed by all offenders in the justice system.
32             (3)  There   is   established   the   Sex   Offender
33        Management  Board  Fund  in the State Treasury into which
34        funds received under any provision of law or from  public
 
                            -7-      LRB093 10381 RLC 15756 a
 1        or  private  sources  shall  be deposited, and from which
 2        funds shall be appropriated for the purposes set forth in
 3        Section 19 of this Act, Section 5-6-3 of the Unified Code
 4        of  Corrections,  and  Section  3  of  the  Sex  Offender
 5        Registration Act, and the remainder shall be appropriated
 6        to the Sex Offender Management  Board  for  planning  and
 7        research.
 8             (4)  The Board shall develop and prescribe a plan to
 9        research and analyze the effectiveness of the evaluation,
10        identification,  and  counseling  procedures and programs
11        developed under this Act.  The Board shall  also  develop
12        and   prescribe   a  system  for  implementation  of  the
13        guidelines and standards developed under paragraph (2) of
14        this subsection (f) and for tracking offenders  who  have
15        been   subjected   to   evaluation,  identification,  and
16        treatment counseling under this Act.   In  addition,  the
17        Board  shall  develop  a  system  for monitoring offender
18        behaviors and offender adherence to prescribed behavioral
19        changes.  The results  of  the  tracking  and  behavioral
20        monitoring  shall  be  a  part of any analysis made under
21        this paragraph (4).
22        (g)  The Board may promulgate rules as are  necessary  to
23    carry out the duties of the Board.
24        (h)  The  Board  and  the individual members of the Board
25    shall  be  immune  from  any  liability,  whether  civil   or
26    criminal, for the good faith performance of the duties of the
27    Board as specified in this Section.
28    (Source:  P.A.  90-133,  eff.  7-22-97; 90-793, eff. 8-14-98;
29    91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)

30        (20 ILCS 4026/16 new)
31        Sec.  16.  Sex  offender  evaluation  and  identification
32    required.
33        (a)  Beginning on the effective date of  this  amendatory
 
                            -8-      LRB093 10381 RLC 15756 a
 1    Act  of  the  93rd General Assembly, each felony sex offender
 2    who is to be considered for probation shall  be  required  as
 3    part of the pre-sentence or social investigation to submit to
 4    an  evaluation  for  treatment,  an  evaluation for risk, and
 5    procedures for monitoring of behavior to protect victims  and
 6    potential   victims   developed   pursuant  to  item  (1)  of
 7    subsection (f) of Section 15 of this Act.
 8        (b)  The evaluation required by subsection  (a)  of  this
 9    Section shall be by an evaluator approved by the Sex Offender
10    Management  Board  and  shall be at the expense of the person
11    evaluated, based upon that person's ability to pay  for  such
12    treatment.

13        (20 ILCS 4026/17 new)
14        Sec.  17.  Sentencing  of  sex offenders; treatment based
15    upon evaluation and identification required.
16        (a)  Each felony sex offender sentenced by the court  for
17    a  sex offense shall be required as a part of any sentence to
18    probation, conditional release, or periodic  imprisonment  to
19    undergo  treatment  based  upon  the  recommendations  of the
20    evaluation made pursuant to Section  16  or  based  upon  any
21    subsequent  recommendations  by  the Administrative Office of
22    the Illinois  Courts  or  the  county  probation  department,
23    whichever  is appropriate.  Any such treatment and monitoring
24    shall be at a facility or with a person approved by the Board
25    and at such offender's own expense based upon the  offender's
26    ability to pay for such treatment.
27        (b)  Beginning  on  the effective date of this amendatory
28    Act of the 93rd General Assembly, each sex offender placed on
29    parole or mandatory supervised release by the Prisoner Review
30    Board shall be required as a condition of parole  to  undergo
31    treatment   based   upon   any   evaluation   or   subsequent
32    reevaluation  regarding  such  offender during the offender's
33    incarceration or any period of parole.   Any  such  treatment
 
                            -9-      LRB093 10381 RLC 15756 a
 1    shall  be  by  an individual approved by the Board and at the
 2    offender's expense based upon the offender's ability  to  pay
 3    for such treatment.

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

14        (20 ILCS 4026/19 new)
15        Sec. 19. Sex Offender Management Board Fund.
16        (a)  Any and all practices  endorsed  or  required  under
17    this Act, including but not limited to evaluation, treatment,
18    or monitoring of programs that are or may be developed by the
19    agency  providing supervision, the Department of Corrections,
20    or the Department of Human Services shall be at  the  expense
21    of  the  person evaluated or treated, based upon the person's
22    ability to pay. If it is determined by the  agency  providing
23    supervision, the Department of Corrections, or the Department
24    of  Human  Services that the person does not have the ability
25    to pay for practices endorsed or required by  this  Act,  the
26    agency  providing  supervision  of  the  sex  offender  shall
27    request   reimbursement   for   services.  The  Sex  Offender
28    Management  Board  shall   provide   the   agency   providing
29    supervision, the Department of Corrections, or the Department
30    of  Human Services with factors to be considered and criteria
31    to determine a person's ability  to  pay.  The  Sex  Offender
32    Management  Board shall coordinate the expenditures of moneys
 
                            -10-     LRB093 10381 RLC 15756 a
 1    from the Sex Offender Management Board Fund  with  any  money
 2    expended  by  counties,  the Department of Corrections or the
 3    Department of Human Services. The Board shall develop a  plan
 4    for the allocation of moneys deposited in this Fund among the
 5    agency  providing supervision, the Department of Corrections,
 6    or the Department of Human Services.
 7        (b)  Up to 20% of this Fund shall be retained by the  Sex
 8    Offender Management Board for administrative costs, including
 9    staff, incurred pursuant to this Act.
10        (c)  Monies  expended  for  this  Fund  shall  be used to
11    supplement,  not  replace  offenders'  self-pay,  or   county
12    appropriations for probation and court services.
13        (d)  Interest earned on monies deposited in this Fund may
14    be  used  by  the  Board  for  its  administrative  costs and
15    expenses.
16        (e)  In  addition  to  the  funds  provided  by  the  sex
17    offender, counties, or Departments providing  treatment,  the
18    Board shall explore funding sources including but not limited
19    to State, federal, and private funds.

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

22        (705 ILCS 405/5-701)
23        Sec.  5-701.  Social investigation report. Upon the order
24    of the court, a social investigation report shall be prepared
25    and delivered to the parties at least 3  days  prior  to  the
26    sentencing   hearing.    The   written   report   of   social
27    investigation  shall  include  an investigation and report of
28    the minor's physical and mental history and condition, family
29    situation  and  background,   economic   status,   education,
30    occupation,  personal  habits, minor's history of delinquency
31    or criminality or other matters which have  been  brought  to
32    the  attention  of  the  juvenile  court,  information  about
 
                            -11-     LRB093 10381 RLC 15756 a
 1    special  resources  known  to the person preparing the report
 2    which  might  be  available  to   assist   in   the   minor's
 3    rehabilitation, and any other matters which may be helpful to
 4    the court or which the court directs to be included.
 5        Any  minor found to be guilty of a sex offense as defined
 6    by the Sex Offender Management Board Act shall be required as
 7    part of the social investigation to submit to a sex  offender
 8    evaluation.  The evaluation shall be performed in conformance
 9    with   the   standards   developed  under  the  Sex  Offender
10    Management Board Act and by  an  evaluator  approved  by  the
11    Board.
12    (Source: P.A. 90-590, eff. 1-1-99.)

13        (705 ILCS 405/5-715)
14        Sec. 5-715.  Probation.
15        (1)  The  period  of  probation  or conditional discharge
16    shall not exceed 5 years or until the minor has attained  the
17    age  of  21  years,  whichever is less, except as provided in
18    this Section for a minor who is found to  be  guilty  for  an
19    offense  which  is first degree murder, a Class X felony or a
20    forcible felony.  The juvenile court may terminate  probation
21    or  conditional discharge and discharge the minor at any time
22    if warranted by the conduct of the  minor  and  the  ends  of
23    justice;  provided, however, that the period of probation for
24    a  minor  who  is  found to be guilty for an offense which is
25    first degree murder, a Class X felony, or a  forcible  felony
26    shall be at least 5 years.
27        (2)  The  court  may  as  a  condition of probation or of
28    conditional discharge require that the minor:
29             (a)  not  violate  any  criminal  statute   of   any
30        jurisdiction;
31             (b)  make  a  report  to and appear in person before
32        any person or agency as directed by the court;
33             (c)  work or pursue a course of study or  vocational
 
                            -12-     LRB093 10381 RLC 15756 a
 1        training;
 2             (d)  undergo   medical   or  psychiatric  treatment,
 3        rendered by a  psychiatrist  or  psychological  treatment
 4        rendered  by  a  clinical  psychologist  or  social  work
 5        services   rendered  by  a  clinical  social  worker,  or
 6        treatment for drug addiction or alcoholism;
 7             (e)  attend or reside in a facility established  for
 8        the instruction or residence of persons on probation;
 9             (f)  support his or her dependents, if any;
10             (g)  refrain  from  possessing  a  firearm  or other
11        dangerous weapon, or an automobile;
12             (h)  permit the probation officer to  visit  him  or
13        her at his or her home or elsewhere;
14             (i)  reside  with  his or her parents or in a foster
15        home;
16             (j)  attend school;
17             (j-5)  with the consent of the superintendent of the
18        facility, attend an educational  program  at  a  facility
19        other  than the school in which the offense was committed
20        if he or she committed a crime of violence as defined  in
21        Section  2  of  the  Crime  Victims Compensation Act in a
22        school, on the real  property  comprising  a  school,  or
23        within  1,000  feet  of  the  real  property comprising a
24        school;
25             (k)  attend a non-residential program for youth;
26             (l)  make restitution under the terms of  subsection
27        (4) of Section 5-710;
28             (m)  contribute to his or her own support at home or
29        in a foster home;
30             (n)  perform  some  reasonable  public  or community
31        service;
32             (o)  participate with community corrections programs
33        including  unified  delinquency   intervention   services
34        administered  by the Department of Human Services subject
 
                            -13-     LRB093 10381 RLC 15756 a
 1        to Section 5 of the Children and Family Services Act;
 2             (p)  pay costs;
 3             (q)  serve a term of home confinement.  In  addition
 4        to   any  other  applicable  condition  of  probation  or
 5        conditional discharge, the conditions of home confinement
 6        shall be that the minor:
 7                  (i)  remain within the interior premises of the
 8             place designated for his or her  confinement  during
 9             the hours designated by the court;
10                  (ii)  admit  any  person or agent designated by
11             the court into the minor's place of  confinement  at
12             any  time  for  purposes  of  verifying  the minor's
13             compliance  with  the  conditions  of  his  or   her
14             confinement;  and
15                  (iii)  use  an  approved  electronic monitoring
16             device if ordered by the court subject to Article 8A
17             of Chapter V of the Unified Code of Corrections;
18             (r)  refrain  from  entering   into   a   designated
19        geographic  area  except  upon  terms  as the court finds
20        appropriate.  The terms may include consideration of  the
21        purpose  of  the  entry,  the  time of day, other persons
22        accompanying  the  minor,  and  advance  approval  by   a
23        probation  officer,  if  the  minor  has  been  placed on
24        probation, or advance approval by the court, if the minor
25        has been placed on conditional discharge;
26             (s)  refrain from having any  contact,  directly  or
27        indirectly,  with certain specified persons or particular
28        types of persons, including but not limited to members of
29        street gangs and drug users or dealers;
30             (s-5)  undergo a medical or other procedure to  have
31        a  tattoo symbolizing allegiance to a street gang removed
32        from his or her body;
33             (t)  refrain from having in  his  or  her  body  the
34        presence  of  any illicit drug prohibited by the Cannabis
 
                            -14-     LRB093 10381 RLC 15756 a
 1        Control Act or the Illinois  Controlled  Substances  Act,
 2        unless  prescribed  by  a  physician,  and  shall  submit
 3        samples of his or her blood or urine or both for tests to
 4        determine the presence of any illicit drug; or
 5             (u)  comply  with other conditions as may be ordered
 6        by the court.
 7        (3)  The court may as a  condition  of  probation  or  of
 8    conditional  discharge  require  that a minor found guilty on
 9    any alcohol, cannabis,  or  controlled  substance  violation,
10    refrain  from  acquiring a driver's license during the period
11    of probation or conditional discharge.  If the  minor  is  in
12    possession of a permit or license, the court may require that
13    the minor refrain from driving or operating any motor vehicle
14    during  the  period  of  probation  or conditional discharge,
15    except as may be necessary  in  the  course  of  the  minor's
16    lawful employment.
17        (3.5)  The court shall, as a condition of probation or of
18    conditional  discharge,  require  that  a  minor  found to be
19    guilty and placed on probation for  reasons  that  include  a
20    violation  of Section 3.02 or Section 3.03 of the Humane Care
21    for Animals Act or paragraph (d) of subsection (1) of Section
22    21-1  of  the  Criminal  Code  of  1961  undergo  medical  or
23    psychiatric  treatment  rendered   by   a   psychiatrist   or
24    psychological  treatment rendered by a clinical psychologist.
25    The condition may be in addition to any other condition.
26        (3.10)  The court shall order  that  a  minor  placed  on
27    probation  or  conditional  discharge  for  a  sex offense as
28    defined in the Sex Offender Management Board Act undergo  and
29    successfully  complete sex offender treatment.  The treatment
30    shall be in conformance with the  standards  developed  under
31    the  Sex  Offender  Management  Board Act  and conducted by a
32    treatment provider approved  by  the  Board.   The  treatment
33    shall  be  at  the expense of the person evaluated based upon
34    that person's ability to pay for the treatment.
 
                            -15-     LRB093 10381 RLC 15756 a
 1        (4)  A minor on probation or conditional discharge  shall
 2    be  given  a  certificate  setting  forth the conditions upon
 3    which he or she is being released.
 4        (5)  The court  shall  impose  upon  a  minor  placed  on
 5    probation  or  conditional  discharge,  as a condition of the
 6    probation or conditional discharge, a fee  of  $25  for  each
 7    month  of  probation  or  conditional  discharge  supervision
 8    ordered  by the court, unless after determining the inability
 9    of the minor placed on probation or conditional discharge  to
10    pay  the  fee, the court assesses a lesser amount.  The court
11    may not impose the fee on a minor who is made a ward  of  the
12    State  under  this  Act while the minor is in placement.  The
13    fee shall be imposed  only  upon  a  minor  who  is  actively
14    supervised  by  the  probation and court services department.
15    The court may order the parent, guardian, or legal  custodian
16    of  the  minor  to  pay some or all of the fee on the minor's
17    behalf.
18        (6)  The General Assembly finds that in order to  protect
19    the   public,   the   juvenile  justice  system  must  compel
20    compliance with the conditions of probation by responding  to
21    violations  with  swift,  certain,  and  fair punishments and
22    intermediate sanctions.  The  Chief  Judge  of  each  circuit
23    shall  adopt  a  system of structured, intermediate sanctions
24    for violations of the terms and conditions of a  sentence  of
25    supervision,  probation  or conditional discharge, under this
26    Act.
27        The court shall provide as a condition of  a  disposition
28    of probation, conditional discharge, or supervision, that the
29    probation  agency  may  invoke  any sanction from the list of
30    intermediate sanctions adopted by  the  chief  judge  of  the
31    circuit  court  for violations of the terms and conditions of
32    the  sentence  of  probation,   conditional   discharge,   or
33    supervision,  subject  to  the provisions of Section 5-720 of
34    this Act.
 
                            -16-     LRB093 10381 RLC 15756 a
 1    (Source:  P.A.  91-98,  eff.  1-1-00;  92-282,  eff.  8-7-01;
 2    92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)

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

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

29        Section  20.  The Sexually Violent Persons Commitment Act
30    is  amended  by changing Sections 10, 25, 30, 40, 55, 60, and
31    65 as follows:
 
                            -17-     LRB093 10381 RLC 15756 a
 1        (725 ILCS 207/10)
 2        Sec. 10.  Notice to  the  Attorney  General  and  State's
 3    Attorney.
 4        (a)  In  this  Act,  "agency with jurisdiction" means the
 5    agency with the authority or duty to release or discharge the
 6    person.
 7        (b)  If  an  agency  with  jurisdiction  has  control  or
 8    custody  over  a  person  who  may  meet  the  criteria   for
 9    commitment  as  a  sexually  violent  person, the agency with
10    jurisdiction  shall  inform  the  Attorney  General  and  the
11    State's Attorney in a  position  to  file  a  petition  under
12    paragraph  (a)(2)  of  Section  15  of this Act regarding the
13    person as soon as possible beginning 3 months  prior  to  the
14    applicable date of the following:
15             (1)  The  anticipated  release  from imprisonment or
16        the anticipated entry into mandatory  supervised  release
17        of  a person who has been convicted of a sexually violent
18        offense.
19             (2)  The anticipated release from  a  Department  of
20        Corrections    correctional    facility    or    juvenile
21        correctional  facility of a person adjudicated delinquent
22        under Section 5-20 of the Juvenile Court Act of 1987 (now
23        repealed) or found guilty under  Section  5-620  of  that
24        Act, on the basis of a sexually violent offense.
25             (3)  The  discharge  or  conditional  release  of  a
26        person  who  has  been  found  not  guilty  of a sexually
27        violent offense by reason of insanity under Section 5-2-4
28        of the Unified Code of Corrections.
29        (c)  The  agency  with  jurisdiction  shall  provide  the
30    Attorney General and the State's Attorney  with  all  of  the
31    following:
32             (1)  The   person's   name,   identifying   factors,
33        anticipated future residence and offense history;
34             (2)  A  comprehensive  evaluation  of  the  person's
 
                            -18-     LRB093 10381 RLC 15756 a
 1        mental  condition,  the  basis upon which a determination
 2        has been made that the person is  subject  to  commitment
 3        under  subsection  (b)  of  Section  15 of this Act and a
 4        recommendation for action in furtherance of the  purposes
 5        of  this  Act.   The  evaluation  shall  be  conducted in
 6        conformance with the standards developed  under  the  Sex
 7        Offender   Management  Board  Act  and  by  an  evaluator
 8        approved by the Board; and
 9             (3)  If applicable, documentation of  any  treatment
10        and   the   person's   adjustment  to  any  institutional
11        placement.
12        (d)  Any agency or  officer,  employee  or  agent  of  an
13    agency  is  immune  from  criminal or civil liability for any
14    acts or omissions as the result of a  good  faith  effort  to
15    comply with this Section.
16    (Source:  P.A.  90-40,  eff.  1-1-98;  90-793,  eff. 8-14-98;
17    91-357, eff. 7-29-99.)

18        (725 ILCS 207/25)
19        Sec. 25.  Rights of persons subject to petition.
20        (a)  Any person who is the subject of  a  petition  filed
21    under  Section  15 of this Act shall be served with a copy of
22    the petition in accordance with the Civil Practice Law.
23        (b)  The circuit court in which a petition under  Section
24    15 of this Act is filed shall conduct all hearings under this
25    Act.    The court shall give the person who is the subject of
26    the petition reasonable notice of the time and place of  each
27    such  hearing.  The court may designate additional persons to
28    receive these notices.
29        (c)  Except as provided in paragraph (b)(1) of Section 65
30    and Section 70 of this Act, at any  hearing  conducted  under
31    this  Act,  the person who is the subject of the petition has
32    the right to:
33             (1)  To be present and to be represented by counsel.
 
                            -19-     LRB093 10381 RLC 15756 a
 1        If the  person  is  indigent,  the  court  shall  appoint
 2        counsel.
 3             (2)  Remain silent.
 4             (3)  Present and cross-examine witnesses.
 5             (4)  Have the hearing recorded by a court reporter.
 6        (d)  The  person  who is the subject of the petition, the
 7    person's  attorney,  the  Attorney  General  or  the  State's
 8    Attorney may request that a trial under Section  35  of  this
 9    Act  be to a jury.  A verdict of a jury under this Act is not
10    valid unless it is unanimous.
11        (e)  Whenever the  person  who  is  the  subject  of  the
12    petition  is  required to submit to an examination under this
13    Act, he or she may retain experts or professional persons  to
14    perform  an  examination.  The  respondent's chosen evaluator
15    must be approved by the Sex Offender Management Board and the
16    evaluation  must  be  conducted  in  conformance   with   the
17    standards  developed  under the Sex Offender Management Board
18    Act.    If  the  person  retains  a   qualified   expert   or
19    professional  person  of  his or her own choice to conduct an
20    examination, the examiner shall have reasonable access to the
21    person for the purpose of the examination, as well as to  the
22    person's  past  and  present  treatment  records  and patient
23    health care records.  If the person is  indigent,  the  court
24    shall,  upon  the  person's  request, appoint a qualified and
25    available  expert  or  professional  person  to  perform   an
26    examination.  Upon the order of the circuit court, the county
27    shall pay, as part of the costs of the action, the costs of a
28    court-appointed  expert  or professional person to perform an
29    examination and participate in the  trial  on  behalf  of  an
30    indigent person.
31    (Source: P.A. 90-40, eff. 1-1-98.)

32        (725 ILCS 207/30)
33        Sec. 30.  Detention; probable cause hearing; transfer for
 
                            -20-     LRB093 10381 RLC 15756 a
 1    examination.
 2        (a)  Upon  the  filing  of a petition under Section 15 of
 3    this Act, the court shall review the  petition  to  determine
 4    whether  to issue an order for detention of the person who is
 5    the subject of the petition.  The person  shall  be  detained
 6    only if there is cause to believe that the person is eligible
 7    for  commitment  under  subsection  (f) of Section 35 of this
 8    Act.  A person detained under this Section shall be held in a
 9    facility approved  by  the  Department.   If  the  person  is
10    serving  a  sentence  of  imprisonment, is in a Department of
11    Corrections correctional facility  or  juvenile  correctional
12    facility or is committed to institutional care, and the court
13    orders  detention  under  this Section, the court shall order
14    that the  person  be  transferred  to  a  detention  facility
15    approved  by  the  Department.   A detention order under this
16    Section remains in effect  until  the  person  is  discharged
17    after  a  trial  under  Section  35  of this Act or until the
18    effective date of a commitment order under Section 40 of this
19    Act, whichever is applicable.
20        (b)  Whenever a petition is filed  under  Section  15  of
21    this Act, the court shall hold a hearing to determine whether
22    there  is  probable cause to believe that the person named in
23    the petition is a sexually violent  person.   If  the  person
24    named in the petition is in custody, the court shall hold the
25    probable  cause hearing within 72 hours after the petition is
26    filed, excluding Saturdays, Sundays and legal holidays.   The
27    court  may  grant a continuance of the probable cause hearing
28    for no more than 7 additional days upon  the  motion  of  the
29    respondent,  for  good  cause.   If  the  person named in the
30    petition has been released, is on  parole,  is  on  mandatory
31    supervised release, or otherwise is not in custody, the court
32    shall  hold  the  probable  cause hearing within a reasonable
33    time after the filing of the petition. At the probable  cause
34    hearing,  the  court  shall  admit  and consider all relevant
 
                            -21-     LRB093 10381 RLC 15756 a
 1    hearsay evidence.
 2        (c)  If the court determines after a hearing  that  there
 3    is  probable  cause  to  believe that the person named in the
 4    petition is a sexually violent person, the court shall  order
 5    that  the person be taken into custody if he or she is not in
 6    custody and shall order the person to be transferred within a
 7    reasonable time to an appropriate facility for an  evaluation
 8    as to whether the person is a sexually violent person. If the
 9    person  who  is  named  in  the petition refuses to speak to,
10    communicate with, or otherwise fails to  cooperate  with  the
11    examining  evaluator from the Department of Human Services or
12    the Department of Corrections, that person may only introduce
13    evidence and testimony from any expert or professional person
14    who is retained or court-appointed to conduct an  examination
15    of  the  person that results from a review of the records and
16    may not introduce evidence resulting from an  examination  of
17    the person. Any evaluation conducted under this Section shall
18    be  by  an  evaluator approved by the Sex Offender Management
19    Board  and  conducted  in  conformance  with  the   standards
20    developed  under  the  Sex  Offender  Management  Board  Act.
21    Notwithstanding  the  provisions  of Section 10 of the Mental
22    Health and Developmental  Disabilities  Confidentiality  Act,
23    all  evaluations  conducted  pursuant  to  this  Act  and all
24    Illinois Department of Corrections treatment records shall be
25    admissible at all proceedings  held  pursuant  to  this  Act,
26    including the probable cause hearing and the trial.
27        If  the  court  determines  that  probable cause does not
28    exist to believe  that  the  person  is  a  sexually  violent
29    person, the court shall dismiss the petition.
30        (d)  The  Department  shall promulgate rules that provide
31    the qualifications for persons conducting  evaluations  under
32    subsection (c) of this Section.
33        (e)  If  the  person  named  in  the  petition  claims or
34    appears to  be  indigent,  the  court  shall,  prior  to  the
 
                            -22-     LRB093 10381 RLC 15756 a
 1    probable  cause hearing under subsection (b) of this Section,
 2    appoint counsel.
 3    (Source: P.A. 92-415, eff. 8-17-01.)

 4        (725 ILCS 207/40)
 5        Sec. 40.  Commitment.
 6        (a)  If a court or jury determines that the person who is
 7    the subject of a petition under Section 15 of this Act  is  a
 8    sexually  violent person, the court shall order the person to
 9    be committed to the custody of the  Department  for  control,
10    care and treatment until such time as the person is no longer
11    a sexually violent person.
12        (b) (1)  The  court  shall  enter  an  initial commitment
13        order under this Section pursuant to a  hearing  held  as
14        soon  as  practicable  after the judgment is entered that
15        the person who is the subject of a petition under Section
16        15 is a sexually violent person.    If  the  court  lacks
17        sufficient information to make the determination required
18        by  paragraph  (b)(2)  of  this Section immediately after
19        trial,  it  may  adjourn  the  hearing  and   order   the
20        Department to conduct a predisposition investigation or a
21        supplementary  mental examination, or both, to assist the
22        court in framing the commitment order.   A  supplementary
23        mental  examination under this Section shall be conducted
24        in accordance with Section 3-804 of the Mental Health and
25        Developmental Disabilities Code.
26             (2)  An order  for  commitment  under  this  Section
27        shall  specify  either  institutional  care  in  a secure
28        facility, as provided under Section 50 of  this  Act,  or
29        conditional  release.   In determining whether commitment
30        shall be for institutional care in a secure  facility  or
31        for  conditional  release,  the  court shall consider the
32        nature and circumstances of the  behavior  that  was  the
33        basis  of  the allegation in the petition under paragraph
 
                            -23-     LRB093 10381 RLC 15756 a
 1        (b)(1) of Section 15, the  person's  mental  history  and
 2        present mental condition, where the person will live, how
 3        the  person  will  support  himself  or herself, and what
 4        arrangements are available to ensure that the person  has
 5        access  to  and  will participate in necessary treatment.
 6        All treatment, whether in institutional care, in a secure
 7        facility, or  while  on  conditional  release,  shall  be
 8        conducted  in  conformance  with  the standards developed
 9        under the Sex Offender Management Board Act and conducted
10        by a  treatment  provider  approved  by  the  Board.  The
11        Department  shall arrange for control, care and treatment
12        of the person in the least restrictive manner  consistent
13        with  the  requirements  of  the person and in accordance
14        with the court's commitment order.
15             (3)  If  the  court  finds  that   the   person   is
16        appropriate  for  conditional  release,  the  court shall
17        notify the Department.  The Department  shall  prepare  a
18        plan  that identifies the treatment and services, if any,
19        that the person will receive in the community.  The  plan
20        shall address the person's need, if any, for supervision,
21        counseling,   medication,   community  support  services,
22        residential services, vocational services, and alcohol or
23        other drug abuse treatment.  The Department may  contract
24        with  a  county  health  department,  with another public
25        agency or with a private agency to provide the  treatment
26        and  services  identified  in  the  plan.  The plan shall
27        specify  who  will  be  responsible  for  providing   the
28        treatment  and services identified in the plan.  The plan
29        shall be presented to the court for its  approval  within
30        60  days  after  the  court  finding  that  the person is
31        appropriate   for   conditional   release,   unless   the
32        Department  and  the  person  to  be   released   request
33        additional  time  to  develop  the  plan. The conditional
34        release  program  operated  under  this  Section  is  not
 
                            -24-     LRB093 10381 RLC 15756 a
 1        subject to  the  provisions  of  the  Mental  Health  and
 2        Developmental Disabilities Confidentiality Act.
 3             (4)  An  order  for  conditional  release places the
 4        person in the custody and control of the  Department.   A
 5        person   on   conditional   release  is  subject  to  the
 6        conditions set by the court  and  to  the  rules  of  the
 7        Department.   Before  a  person  is placed on conditional
 8        release by the court under this Section, the court  shall
 9        so  notify  the  municipal  police  department and county
10        sheriff for the municipality  and  county  in  which  the
11        person  will  be  residing.  The notification requirement
12        under this Section does not apply if a  municipal  police
13        department  or  county  sheriff  submits  to  the court a
14        written statement waiving the right to be  notified.   If
15        the   Department  alleges  that  a  released  person  has
16        violated any condition or rule, or  that  the  safety  of
17        others  requires  that conditional release be revoked, he
18        or she may be taken into custody under the rules  of  the
19        Department.
20             At   any   time   during  which  the  person  is  on
21        conditional release, if the  Department  determines  that
22        the  person  has  violated any condition or rule, or that
23        the safety of others requires that conditional release be
24        revoked, the Department may request the Attorney  General
25        or  State's  Attorney  to  request  the court to issue an
26        emergency ex parte order directing  any  law  enforcement
27        officer to take the person into custody and transport the
28        person to the county jail. The Department may request, or
29        the  Attorney  General  or  State's  Attorney may request
30        independently of  the  Department,  that  a  petition  to
31        revoke  conditional release be filed.  When a petition is
32        filed, the court may order  the  Department  to  issue  a
33        notice  to  the person to be present at the Department or
34        other agency designated by the court, order a summons  to
 
                            -25-     LRB093 10381 RLC 15756 a
 1        the  person to be present, or order a body attachment for
 2        all law enforcement officers  to  take  the  person  into
 3        custody  and  transport  him  or  her to the county jail,
 4        hospital, or treatment  facility.  The  Department  shall
 5        submit   a   statement  showing  probable  cause  of  the
 6        detention  and  a  petition  to  revoke  the  order   for
 7        conditional  release  to  the  committing court within 48
 8        hours after the detention.   The  court  shall  hear  the
 9        petition  within  30  days,  unless  the  hearing or time
10        deadline is waived by the detained person.   Pending  the
11        revocation  hearing, the Department may detain the person
12        in a jail, in a  hospital  or  treatment  facility.   The
13        State  has  the burden of proving by clear and convincing
14        evidence that any rule or condition of release  has  been
15        violated,  or that the safety of others requires that the
16        conditional release be revoked.  If the court  determines
17        after  hearing  that any rule or condition of release has
18        been violated, or that the safety of others requires that
19        conditional release be revoked, it may revoke  the  order
20        for  conditional  release  and  order  that  the released
21        person be placed in an appropriate institution until  the
22        person is discharged from the commitment under Section 65
23        of  this Act or until again placed on conditional release
24        under Section 60 of this Act.
25             (5)  An order for  conditional  release  places  the
26        person   in   the  custody,  care,  and  control  of  the
27        Department.  The court shall order the person be  subject
28        to   the  following  rules  of  conditional  release,  in
29        addition to any other conditions ordered, and the  person
30        shall be given a certificate setting forth the conditions
31        of  conditional  release.  These conditions shall be that
32        the person:
33                  (A)  not violate any criminal  statute  of  any
34             jurisdiction;
 
                            -26-     LRB093 10381 RLC 15756 a
 1                  (B)  report  to or appear in person before such
 2             person or agency as directed by the  court  and  the
 3             Department;
 4                  (C)  refrain  from  possession  of a firearm or
 5             other dangerous weapon;
 6                  (D)  not leave the State without the consent of
 7             the court or, in circumstances in which  the  reason
 8             for the absence is of such an emergency nature, that
 9             prior  consent  by the court is not possible without
10             the  prior  notification   and   approval   of   the
11             Department;
12                  (E)  at the direction of the Department, notify
13             third parties of the risks that may be occasioned by
14             his  or  her  criminal  record  or  sexual offending
15             history   or   characteristics,   and   permit   the
16             supervising   officer   or   agent   to   make   the
17             notification requirement;
18                  (F)  attend   and    fully    participate    in
19             assessment,   treatment,   and  behavior  monitoring
20             including,   but   not    limited    to,    medical,
21             psychological  or  psychiatric treatment specific to
22             sexual offending, drug addiction, or alcoholism,  to
23             the  extent appropriate to the person based upon the
24             recommendation and findings made in  the  Department
25             evaluation    or    based    upon   any   subsequent
26             recommendations by the Department;
27                  (G)  waive confidentiality allowing  the  court
28             and  Department  access  to  assessment or treatment
29             results or both;
30                  (H)  work regularly at  a  Department  approved
31             occupation or pursue a course of study or vocational
32             training  and  notify the Department within 72 hours
33             of any change in employment, study, or training;
34                  (I)  not be  employed  or  participate  in  any
 
                            -27-     LRB093 10381 RLC 15756 a
 1             volunteer   activity   that  involves  contact  with
 2             children, except  under  circumstances  approved  in
 3             advance and in writing by the Department officer;
 4                  (J)  submit to the search of his or her person,
 5             residence, vehicle, or any personal or real property
 6             under  his  or  her  control  at  any  time  by  the
 7             Department;
 8                  (K)  financially  support his or her dependents
 9             and provide the Department access to  any  requested
10             financial information;
11                  (L)  serve  a  term  of  home  confinement, the
12             conditions of which shall be that the person:
13                       (i)  remain within the  interior  premises
14                  of   the   place  designated  for  his  or  her
15                  confinement during the hours designated by  the
16                  Department;
17                       (ii)  admit any person or agent designated
18                  by  the Department into the offender's place of
19                  confinement  at  any  time  for   purposes   of
20                  verifying  the  person's  compliance  with  the
21                  condition of his or her confinement;
22                       (iii)  if    deemed   necessary   by   the
23                  Department,  be   placed   on   an   electronic
24                  monitoring device;
25                  (M)  comply with the terms and conditions of an
26             order  of protection issued by the court pursuant to
27             the Illinois Domestic Violence Act of 1986.  A  copy
28             of  the  order of protection shall be transmitted to
29             the Department by the clerk of the court;
30                  (N)  refrain from entering  into  a  designated
31             geographic  area  except  upon  terms the Department
32             finds   appropriate.    The   terms   may    include
33             consideration  of the purpose of the entry, the time
34             of day, others accompanying the person, and  advance
 
                            -28-     LRB093 10381 RLC 15756 a
 1             approval by the Department;
 2                  (O)  refrain from having any contact, including
 3             written   or   oral   communications,   directly  or
 4             indirectly,   with   certain    specified    persons
 5             including,  but  not  limited  to, the victim or the
 6             victim's family, and report any  incidental  contact
 7             with  the  victim  or  the  victim's  family  to the
 8             Department within 72 hours;  refrain  from  entering
 9             onto  the  premises of, traveling past, or loitering
10             near the victim's residence, place of employment, or
11             other places frequented by the victim;
12                  (P)  refrain from having any contact, including
13             written  or   oral   communications,   directly   or
14             indirectly,   with   particular  types  of  persons,
15             including but  not  limited  to  members  of  street
16             gangs, drug users, drug dealers, or prostitutes;
17                  (Q)  refrain   from   all  contact,  direct  or
18             indirect,  personally,  by  telephone,  letter,   or
19             through  another person, with minor children without
20             prior identification and approval of the Department;
21                  (R)  refrain from having in his or her body the
22             presence of alcohol or any illicit  drug  prohibited
23             by   the   Cannabis  Control  Act  or  the  Illinois
24             Controlled Substances Act, unless  prescribed  by  a
25             physician,  and submit samples of his or her breath,
26             saliva, blood, or urine for tests to  determine  the
27             presence of alcohol or any illicit drug;
28                  (S)  not   establish  a  dating,  intimate,  or
29             sexual relationship  with  a  person  without  prior
30             written notification to the Department;
31                  (T)  neither  possess  or have under his or her
32             control any material that is pornographic,  sexually
33             oriented,  or  sexually stimulating, or that depicts
34             or alludes to  sexual  activity  or  depicts  minors
 
                            -29-     LRB093 10381 RLC 15756 a
 1             under  the  age  of 18, including but not limited to
 2             visual, auditory, telephonic, electronic  media,  or
 3             any  matter  obtained through access to any computer
 4             or material linked to computer access use;
 5                  (U)  not  patronize  any   business   providing
 6             sexually    stimulating    or    sexually   oriented
 7             entertainment nor utilize "900" or  adult  telephone
 8             numbers or any other sex-related telephone numbers;
 9                  (V)  not  reside near, visit, or be in or about
10             parks, schools, day care  centers,  swimming  pools,
11             beaches,  theaters,  or any other places where minor
12             children congregate without advance approval of  the
13             Department  and  report  any incidental contact with
14             minor children to the Department within 72 hours;
15                  (W)  not establish any  living  arrangement  or
16             residence without prior approval of the Department;
17                  (X)  not  publish  any  materials  or print any
18             advertisements  without  providing  a  copy  of  the
19             proposed publications to the Department officer  and
20             obtaining permission prior to publication;
21                  (Y)  not  leave  the  county  except with prior
22             permission  of  the  Department  and   provide   the
23             Department  officer  or  agent  with  written travel
24             routes to and from work  and  any  other  designated
25             destinations;
26                  (Z)  not  possess  or  have  under  his  or her
27             control  certain  specified  items   of   contraband
28             related to the incidence of sexually offending items
29             including  video or still camera items or children's
30             toys;
31                  (AA)  provide a written daily log of activities
32             as directed by the Department;
33                  (BB)  comply with all other special  conditions
34             that  the  Department  may  impose that restrict the
 
                            -30-     LRB093 10381 RLC 15756 a
 1             person from high-risk situations and limit access or
 2             potential victims.
 3             (6)  A person placed on conditional release and  who
 4        during  the  term  undergoes  mandatory  drug  or alcohol
 5        testing or is  assigned  to  be  placed  on  an  approved
 6        electronic  monitoring  device  may be ordered to pay all
 7        costs incidental to the mandatory drug or alcohol testing
 8        and all  costs  incidental  to  the  approved  electronic
 9        monitoring in accordance with the person's ability to pay
10        those  costs.   The  Department  may establish reasonable
11        fees for the cost of maintenance, testing, and incidental
12        expenses related to the mandatory drug or alcohol testing
13        and  all  costs   incidental   to   approved   electronic
14        monitoring.
15    (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

16        (725 ILCS 207/55)
17        Sec. 55.  Periodic reexamination; report.
18        (a)  If  a  person has been committed under Section 40 of
19    this Act and has not been discharged under Section 65 of this
20    Act, the Department shall conduct an examination  of  his  or
21    her  mental  condition  within  6  months  after  an  initial
22    commitment  under  Section 40 and then at least once every 12
23    months from the completion of the  last  evaluation  for  the
24    purpose of determining whether the person has made sufficient
25    progress  to be conditionally released or discharged.  At the
26    time of a reexamination under this Section,  the  person  who
27    has  been  committed  may retain or, if he or she is indigent
28    and so requests, the court may appoint a qualified expert  or
29    a professional person to examine him or her.
30        (b)  Any  examiner  conducting  an examination under this
31    Section shall prepare a written report of the examination  no
32    later  than  30  days after the date of the examination.  The
33    examiner shall place a copy of the  report  in  the  person's
 
                            -31-     LRB093 10381 RLC 15756 a
 1    health care records and shall provide a copy of the report to
 2    the  court  that  committed  the person under Section 40. The
 3    examination  shall  be  conducted  in  conformance  with  the
 4    standards developed under the Sex Offender  Management  Board
 5    Act and by an evaluator approved by the Board.
 6        (c)  Notwithstanding  subsection (a) of this Section, the
 7    court that committed a person under Section 40  may  order  a
 8    reexamination  of the person at any time during the period in
 9    which the person is subject to the commitment order.
10        (d)  Petitions for  discharge  after  reexamination  must
11    follow the procedure outlined in Section 65 of this Act.
12    (Source:  P.A.  90-40,  eff.  1-1-98;  90-793,  eff. 8-14-98;
13    91-227, eff. 1-1-00; 91-875, eff. 6-30-00.)

14        (725 ILCS 207/60)
15        Sec. 60.  Petition for conditional release.
16        (a)  Any person who is committed for  institutional  care
17    in  a  secure  facility or other facility under Section 40 of
18    this Act may petition the  committing  court  to  modify  its
19    order by authorizing conditional release if at least 6 months
20    have  elapsed since the initial commitment order was entered,
21    the most recent release  petition  was  denied  or  the  most
22    recent  order  for  conditional  release  was  revoked.   The
23    director  of  the  facility at which the person is placed may
24    file a petition under this Section on the person's behalf  at
25    any time.
26        (b)  If  the  person  files  a  timely  petition  without
27    counsel,  the court shall serve a copy of the petition on the
28    Attorney General or State's Attorney, whichever is applicable
29    and, subject to paragraph (c)(1) of Section 25 of  this  Act,
30    appoint  counsel.   If  the person petitions through counsel,
31    his or her attorney  shall  serve  the  Attorney  General  or
32    State's Attorney, whichever is applicable.
33        (c)  Within  20  days  after receipt of the petition, the
 
                            -32-     LRB093 10381 RLC 15756 a
 1    court  shall  appoint  one  or  more  examiners  having   the
 2    specialized   knowledge   determined   by  the  court  to  be
 3    appropriate, who shall examine the mental  condition  of  the
 4    person and furnish a written report of the examination to the
 5    court  within 30 days after appointment.  The examiners shall
 6    have  reasonable  access  to  the  person  for  purposes   of
 7    examination  and  to  the person's past and present treatment
 8    records  and  patient  health  care  records.   If  any  such
 9    examiner  believes  that  the  person  is   appropriate   for
10    conditional release, the examiner shall report on the type of
11    treatment  and services that the person may need while in the
12    community on conditional release.  The State has the right to
13    have the person evaluated by experts chosen by the State. Any
14    examination or evaluation conducted under this Section  shall
15    be  in conformance with the standards developed under the Sex
16    Offender Management Board Act and conducted by  an  evaluator
17    approved  by the Board.  The court shall set a probable cause
18    hearing as soon as practical after the examiner's  report  is
19    filed.  If the court determines at the probable cause hearing
20    that  cause  exists  to  believe that it is not substantially
21    probable that the  person  will  engage  in  acts  of  sexual
22    violence  if  on  release  or  conditional release, the court
23    shall set a hearing on the issue.
24        (d)  The court, without a jury, shall hear  the  petition
25    within  30  days  after  the  report  of  the court-appointed
26    examiner is filed  with  the  court,  unless  the  petitioner
27    waives  this  time limit.  The court shall grant the petition
28    unless the State proves by clear and convincing evidence that
29    the  person  has  not  made   sufficient   progress   to   be
30    conditionally  released.   In  making  a  decision under this
31    subsection,  the  court  must   consider   the   nature   and
32    circumstances  of  the  behavior  that  was  the basis of the
33    allegation in the petition under paragraph (b)(1) of  Section
34    15  of  this  Act,  the  person's  mental history and present
 
                            -33-     LRB093 10381 RLC 15756 a
 1    mental condition, where the person will live, how the  person
 2    will  support  himself  or  herself and what arrangements are
 3    available to ensure that the person has access  to  and  will
 4    participate in necessary treatment.
 5        (e)  Before  the  court  may  enter  an  order  directing
 6    conditional release to a less restrictive alternative it must
 7    find  the  following:  (1)  the  person  will be treated by a
 8    Department approved treatment  provider,  (2)  the  treatment
 9    provider has presented a specific course of treatment and has
10    agreed  to  assume  responsibility for the treatment and will
11    report progress to the Department on  a  regular  basis,  and
12    will   report   violations  immediately  to  the  Department,
13    consistent  with  treatment  and  supervision  needs  of  the
14    respondent, (3) housing exists that is sufficiently secure to
15    protect the community, and the  person  or  agency  providing
16    housing  to  the  conditionally released person has agreed in
17    writing to  accept  the  person,  to  provide  the  level  of
18    security  required by the court, and immediately to report to
19    the Department if the person leaves the housing to  which  he
20    or  she  has  been  assigned  without  authorization, (4) the
21    person is willing  to  or  has  agreed  to  comply  with  the
22    treatment  provider,  the  Department, and the court, and (5)
23    the person has agreed or is willing to agree to  comply  with
24    the  behavioral  monitoring requirements imposed by the court
25    and the Department.
26        (f)  If the court finds that the  person  is  appropriate
27    for   conditional   release,   the  court  shall  notify  the
28    Department.   The  Department  shall  prepare  a  plan   that
29    identifies  the  treatment  and  services,  if  any, that the
30    person will receive in the community. The plan shall  address
31    the  person's  need,  if  any,  for  supervision, counseling,
32    medication, community support services, residential services,
33    vocational  services,  and  alcohol  or  other   drug   abuse
34    treatment.   The Department may contract with a county health
 
                            -34-     LRB093 10381 RLC 15756 a
 1    department, with another public  agency  or  with  a  private
 2    agency  to  provide  the treatment and services identified in
 3    the plan.  The plan shall specify who will be responsible for
 4    providing the treatment and services identified in the  plan.
 5    The  plan  shall  be  presented to the court for its approval
 6    within 60 days after the court finding  that  the  person  is
 7    appropriate  for  conditional  release, unless the Department
 8    and the person to be  released  request  additional  time  to
 9    develop the plan.
10        (g)  The  provisions of paragraph (b)(4) of Section 40 of
11    this Act apply to an order  for  conditional  release  issued
12    under this Section.
13    (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

14        (725 ILCS 207/65)
15        Sec. 65.  Petition for discharge; procedure.
16        (a)(1)  If  the  Secretary  determines at any time that a
17    person committed under this  Act  is  no  longer  a  sexually
18    violent  person,  the Secretary shall authorize the person to
19    petition the committing  court  for  discharge.   The  person
20    shall  file the petition with the court and serve a copy upon
21    the Attorney General or the State's  Attorney's  office  that
22    filed the petition under subsection (a) of Section 15 of this
23    Act, whichever is applicable.  The court, upon receipt of the
24    petition  for  discharge,  shall  order  a hearing to be held
25    within 45 days after the date of receipt of the petition.
26        (2)  At a hearing under  this  subsection,  the  Attorney
27    General  or  State's  Attorney,  whichever filed the original
28    petition, shall represent the State and shall have the  right
29    to  have the petitioner examined by an expert or professional
30    person of his  or  her  choice.   The  examination  shall  be
31    conducted  in  conformance with the standards developed under
32    the Sex Offender Management Board Act  and  by  an  evaluator
33    approved by the Board.  The committed person or the State may
 
                            -35-     LRB093 10381 RLC 15756 a
 1    elect  to  have the hearing before a jury.  The State has the
 2    burden of proving by clear and convincing evidence  that  the
 3    petitioner is still a sexually violent person.
 4        (3)  If the court or jury is satisfied that the State has
 5    not  met  its  burden of proof under paragraph (a)(2) of this
 6    Section, the petitioner shall be discharged from the  custody
 7    or  supervision of the Department.  If the court is satisfied
 8    that the State has met its burden of  proof  under  paragraph
 9    (a)(2), the court may proceed under Section 40 of this Act to
10    determine   whether   to  modify  the  petitioner's  existing
11    commitment order.
12        (b)(1)  A person may petition the  committing  court  for
13    discharge from custody or supervision without the Secretary's
14    approval.  At the time of an examination under subsection (a)
15    of  Section  55  of this Act, the Secretary shall provide the
16    committed person with a written notice of the person's  right
17    to  petition  the  court  for  discharge over the Secretary's
18    objection.  The notice shall contain a waiver of rights.  The
19    Secretary shall forward the notice and  waiver  form  to  the
20    court  with  the report of the Department's examination under
21    Section 55 of this Act.  If the person does not affirmatively
22    waive the right to petition, the court shall set  a  probable
23    cause hearing to determine whether facts exist that warrant a
24    hearing  on  whether  the  person is still a sexually violent
25    person. If a person does not file a petition  for  discharge,
26    yet  fails to waive the right to petition under this Section,
27    then the probable cause hearing consists only of a review  of
28    the  reexamination  reports  and  arguments  on behalf of the
29    parties. The committed person has a right to have an attorney
30    represent him or her at the probable cause hearing,  but  the
31    person  is  not  entitled to be present at the probable cause
32    hearing. The probable cause hearing under this  Section  must
33    be  held  within  45  days of the filing of the reexamination
34    report under Section 55 of this Act.
 
                            -36-     LRB093 10381 RLC 15756 a
 1        (2)  If  the  court  determines  at  the  probable  cause
 2    hearing under paragraph (b)(1) of this Section that  probable
 3    cause  exists  to  believe  that  the  committed person is no
 4    longer a sexually violent person, then the court shall set  a
 5    hearing  on  the  issue. At a hearing under this Section, the
 6    committed person is entitled to be present and to the benefit
 7    of the protections afforded to the person under Section 25 of
 8    this Act. The committed person or the State may elect to have
 9    a hearing under this Section before a jury.  A verdict  of  a
10    jury  under this Section is not valid unless it is unanimous.
11    The Attorney General or State's Attorney, whichever filed the
12    original petition, shall represent the  State  at  a  hearing
13    under  this  Section.    The  State has the right to have the
14    committed person evaluated by experts chosen  by  the  State.
15    The  examination  shall  be conducted in conformance with the
16    standards developed under the Sex Offender  Management  Board
17    Act  and  by  an  evaluator  approved  by  the  Board. At the
18    hearing, the State has the burden of  proving  by  clear  and
19    convincing  evidence  that  the  committed  person is still a
20    sexually violent person.
21        (3)  If the court or jury is satisfied that the State has
22    not met its burden of proof under paragraph  (b)(2)  of  this
23    Section,  the  person shall be discharged from the custody or
24    supervision of the Department.   If  the  court  or  jury  is
25    satisfied  that  the  State has met its burden of proof under
26    paragraph (b)(2) of this Section, the court may proceed under
27    Section 40 of this Act to determine  whether  to  modify  the
28    person's existing commitment order.
29    (Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.)

30        Section   20.  The Unified Code of Corrections is amended
31    by changing  Sections  3-3-7,  3-6-2,  3-9-7,  5-3-1,  5-3-2,
32    5-4-1, 5-6-3, and 5-7-1 as follows:
 
                            -37-     LRB093 10381 RLC 15756 a
 1        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
 2        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
 3    Release.
 4        (a)  The  conditions  of  parole  or mandatory supervised
 5    release shall be such as  the  Prisoner  Review  Board  deems
 6    necessary  to  assist  the  subject  in leading a law-abiding
 7    life. The conditions of every parole and mandatory supervised
 8    release are that the subject:
 9             (1)  not  violate  any  criminal  statute   of   any
10        jurisdiction during the parole or release term;
11             (2)  refrain  from  possessing  a  firearm  or other
12        dangerous weapon;
13             (3)  report  to  an  agent  of  the  Department   of
14        Corrections;
15             (4)  permit  the agent to visit him or her at his or
16        her  home,  employment,  or  elsewhere  to   the   extent
17        necessary for the agent to discharge his or her duties;
18             (5)  attend  or reside in a facility established for
19        the instruction or residence  of  persons  on  parole  or
20        mandatory supervised release;
21             (6)  secure  permission before visiting or writing a
22        committed person in an Illinois Department of Corrections
23        facility;
24             (7)  report  all  arrests  to  an   agent   of   the
25        Department  of  Corrections  as  soon as permitted by the
26        arresting authority but in no event later than  24  hours
27        after release from custody;
28             (7.5)  if  convicted  of a sex offense as defined in
29        the Sex Offender Management  Board  Act,  the  individual
30        shall  undergo  and  successfully  complete  sex offender
31        treatment conducted in  conformance  with  the  standards
32        developed  by  the Sex Offender Management Board Act by a
33        treatment provider approved by the Board;
34             (8)  obtain permission of an agent of the Department
 
                            -38-     LRB093 10381 RLC 15756 a
 1        of Corrections before leaving the State of Illinois;
 2             (9)  obtain permission of an agent of the Department
 3        of Corrections before changing his or  her  residence  or
 4        employment;
 5             (10)  consent  to  a  search  of  his or her person,
 6        property, or residence under his or her control;
 7             (11)  refrain  from  the  use   or   possession   of
 8        narcotics  or other controlled substances in any form, or
 9        both, or any paraphernalia related  to  those  substances
10        and submit to a urinalysis test as instructed by a parole
11        agent of the Department of Corrections;
12             (12)  not    frequent    places   where   controlled
13        substances are  illegally  sold,  used,  distributed,  or
14        administered;
15             (13)  not  knowingly associate with other persons on
16        parole or  mandatory  supervised  release  without  prior
17        written  permission  of  his  or her parole agent and not
18        associate with persons who are members  of  an  organized
19        gang  as  that term is defined in the Illinois Streetgang
20        Terrorism Omnibus Prevention Act;
21             (14)  provide true and accurate information,  as  it
22        relates  to  his or her adjustment in the community while
23        on parole or mandatory supervised release or  to  his  or
24        her  conduct while incarcerated, in response to inquiries
25        by his or her  parole  agent  or  of  the  Department  of
26        Corrections; and
27             (15)  follow  any  specific instructions provided by
28        the parole agent  that  are  consistent  with  furthering
29        conditions  set and approved by the Prisoner Review Board
30        or  by  law,  exclusive  of   placement   on   electronic
31        detention,  to achieve the goals and objectives of his or
32        her parole or mandatory supervised release or to  protect
33        the public. These instructions by the parole agent may be
34        modified at any time, as the agent deems appropriate.
 
                            -39-     LRB093 10381 RLC 15756 a
 1        (b)  The  Board  may  in  addition  to  other  conditions
 2    require that the subject:
 3             (1)  work  or pursue a course of study or vocational
 4        training;
 5             (2)  undergo medical or  psychiatric  treatment,  or
 6        treatment for drug addiction or alcoholism;
 7             (3)  attend  or reside in a facility established for
 8        the instruction or residence of persons on  probation  or
 9        parole;
10             (4)  support his dependents;
11             (5)  (blank);
12             (6)  (blank);
13             (7)  comply  with  the  terms  and  conditions of an
14        order of  protection  issued  pursuant  to  the  Illinois
15        Domestic  Violence  Act  of  1986,  enacted  by  the 84th
16        General Assembly, or an order of protection issued by the
17        court  of  another  state,  tribe,   or   United   States
18        territory; and
19             (8)  in addition, if a minor:
20                  (i)  reside  with  his  parents  or in a foster
21             home;
22                  (ii)  attend school;
23                  (iii)  attend  a  non-residential  program  for
24             youth; or
25                  (iv)  contribute to his own support at home  or
26             in a foster home.
27        (c)  The  conditions  under which the parole or mandatory
28    supervised release is to be served shall be  communicated  to
29    the person in writing prior to his release, and he shall sign
30    the  same  before release. A signed copy of these conditions,
31    including a copy of an order of protection where one had been
32    issued by the criminal court, shall be retained by the person
33    and another copy forwarded to the officer in  charge  of  his
34    supervision.
 
                            -40-     LRB093 10381 RLC 15756 a
 1        (d)  After  a  hearing  under Section 3-3-9, the Prisoner
 2    Review  Board may modify or enlarge the conditions of  parole
 3    or mandatory supervised release.
 4        (e)  The  Department shall inform all offenders committed
 5    to the Department of the optional services available to  them
 6    upon  release and shall assist inmates in availing themselves
 7    of such optional services upon their release on  a  voluntary
 8    basis.
 9    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

10        (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
11        Sec. 3-6-2.  Institutions and Facility Administration.
12        (a)  Each  institution  and  facility  of  the Department
13    shall be  administered  by  a  chief  administrative  officer
14    appointed  by  the  Director.  A chief administrative officer
15    shall  be  responsible  for  all  persons  assigned  to   the
16    institution  or  facility.  The  chief administrative officer
17    shall administer the  programs  of  the  Department  for  the
18    custody and treatment of such persons.
19        (b)  The  chief  administrative  officer  shall have such
20    assistants as the Department may assign.
21        (c)  The Director or Assistant Director  shall  have  the
22    emergency  powers to temporarily transfer individuals without
23    formal procedures to any State, county, municipal or regional
24    correctional or detention  institution  or  facility  in  the
25    State,   subject   to   the   acceptance  of  such  receiving
26    institution or  facility,  or  to  designate  any  reasonably
27    secure  place in the State as such an institution or facility
28    and to make transfers thereto. However, transfers made  under
29    emergency  powers  shall  be  reviewed as soon as practicable
30    under Article 8, and shall be subject to Section 5-905 of the
31    Juvenile Court Act of 1987.  This Section shall not apply  to
32    transfers  to  the  Department  of  Human  Services which are
33    provided for under Section 3-8-5 or Section 3-10-5.
 
                            -41-     LRB093 10381 RLC 15756 a
 1        (d)  The Department shall  provide  educational  programs
 2    for  all  committed  persons  so  that  all  persons  have an
 3    opportunity to attain the achievement level equivalent to the
 4    completion of the twelfth grade in the public  school  system
 5    in  this  State.  Other  higher levels of attainment shall be
 6    encouraged and professional instruction shall  be  maintained
 7    wherever  possible.  The Department may establish programs of
 8    mandatory education and may establish rules  and  regulations
 9    for  the  administration of such programs. A person committed
10    to the Department who,  during  the  period  of  his  or  her
11    incarceration,   participates   in   an  educational  program
12    provided by  or  through  the  Department  and  through  that
13    program  is  awarded  or  earns the number of hours of credit
14    required for the award of  an  associate,  baccalaureate,  or
15    higher   degree   from   a  community  college,  college,  or
16    university located in Illinois  shall  reimburse  the  State,
17    through  the  Department, for the costs incurred by the State
18    in providing that person during his or her incarceration with
19    the education that qualifies him or her for the award of that
20    degree.  The costs for which reimbursement is required  under
21    this  subsection  shall  be  determined  and  computed by the
22    Department  under  rules  and  regulations  that   it   shall
23    establish for that purpose.  However, interest at the rate of
24    6%  per  annum shall be charged on the balance of those costs
25    from time to time remaining unpaid,  from  the  date  of  the
26    person's  parole,  mandatory  supervised  release, or release
27    constituting a final termination of his or her commitment  to
28    the Department until paid.
29        (e)  A  person committed to the Department who becomes in
30    need of medical or surgical treatment  but  is  incapable  of
31    giving consent thereto shall receive such medical or surgical
32    treatment  by  the chief administrative officer consenting on
33    the person's behalf. Before the chief administrative  officer
34    consents,  he  or  she shall obtain the advice of one or more
 
                            -42-     LRB093 10381 RLC 15756 a
 1    physicians licensed to practice medicine in all its  branches
 2    in this State.  If such physician or physicians advise:
 3             (1)  that immediate medical or surgical treatment is
 4        required  relative  to  a  condition threatening to cause
 5        death, damage  or  impairment  to  bodily  functions,  or
 6        disfigurement; and
 7             (2)  that  the  person  is  not  capable  of  giving
 8        consent  to  such  treatment;  the  chief  administrative
 9        officer  may  give  consent  for such medical or surgical
10        treatment, and such consent shall be  deemed  to  be  the
11        consent  of  the  person for all purposes, including, but
12        not limited to, the authority of a physician to give such
13        treatment.
14        (f)  In the event that the person requires  medical  care
15    and  treatment  at  a  place  other  than  the institution or
16    facility,  the  person  may  be   removed   therefrom   under
17    conditions prescribed by the Department. The Department shall
18    require  the  committed  person  receiving  medical or dental
19    services on a non-emergency basis to pay a $2  co-payment  to
20    the Department for each visit for medical or dental services.
21    The  amount  of  each  co-payment  shall be deducted from the
22    committed person's individual account. A committed person who
23    has a chronic illness, as defined  by  Department  rules  and
24    regulations,  shall  be  exempt  from  the  $2 co-payment for
25    treatment of the chronic illness.  A committed  person  shall
26    not  be  subject  to  a  $2  co-payment  for follow-up visits
27    ordered by a physician, who  is  employed  by,  or  contracts
28    with,  the Department.  A committed person who is indigent is
29    exempt from the $2 co-payment  and  is  entitled  to  receive
30    medical  or  dental services on the same basis as a committed
31    person who is financially  able  to  afford  the  co-payment.
32    Notwithstanding any other provision in this subsection (f) to
33    the  contrary,  any person committed to any facility operated
34    by the Juvenile Division, as set forth in subsection  (b)  of
 
                            -43-     LRB093 10381 RLC 15756 a
 1    Section  3-2-5  of  this  Code, is exempt from the co-payment
 2    requirement  for  the  duration  of  confinement   in   those
 3    facilities.
 4        (g)  Any  person  having  sole  custody of a child at the
 5    time of commitment or any woman giving birth to a child after
 6    her  commitment,  may  arrange  through  the  Department   of
 7    Children  and  Family  Services for suitable placement of the
 8    child outside of the Department of Corrections. The  Director
 9    of the Department of Corrections may determine that there are
10    special  reasons why the child should continue in the custody
11    of the mother until the child is 6 years old.
12        (h)  The Department  may  provide  Family  Responsibility
13    Services  which  may  consist  of,  but not be limited to the
14    following:
15             (1)  family advocacy counseling;
16             (2)  parent self-help group;
17             (3)  parenting skills training;
18             (4)  parent and child overnight program;
19             (5)  parent  and  child  reunification   counseling,
20        either  separately  or  together,  preceding the inmate's
21        release; and
22             (6)  a prerelease reunification  staffing  involving
23        the   family    advocate,  the  inmate  and  the  child's
24        counselor, or both and the inmate.
25        (i)  Prior to  the  release  of  any  inmate  who  has  a
26    documented  history  of  intravenous  drug  use, and upon the
27    receipt  of  that  inmate's  written  informed  consent,  the
28    Department shall provide for the testing of such  inmate  for
29    infection  with  human  immunodeficiency  virus (HIV) and any
30    other identified causative agent of acquired immunodeficiency
31    syndrome (AIDS). The testing provided under  this  subsection
32    shall consist of an enzyme-linked immunosorbent assay (ELISA)
33    test  or  such  other test as may be approved by the Illinois
34    Department of Public Health. If the test result is  positive,
 
                            -44-     LRB093 10381 RLC 15756 a
 1    the  Western  Blot  Assay  or more reliable confirmatory test
 2    shall be administered. All inmates tested in accordance  with
 3    the  provisions  of  this  subsection  shall be provided with
 4    pre-test  and  post-test  counseling.   Notwithstanding   any
 5    provision  of this subsection to the contrary, the Department
 6    shall not be required to conduct the testing  and  counseling
 7    required  by this subsection unless sufficient funds to cover
 8    all costs of such testing and counseling are appropriated for
 9    that purpose by the General Assembly.
10        (j)  Any person convicted of a sex offense as defined  in
11    the  Sex  Offender  Management Board Act shall be required to
12    receive a sex offender evaluation prior to release  into  the
13    community  from  the  Department  of  Corrections.   The  sex
14    offender  evaluation  shall  be conducted in conformance with
15    the standards and guidelines developed under the Sex Offender
16    Management Board Act and by  an  evaluator  approved  by  the
17    Board.
18        (k)  Any   minor   committed   to   the   Department   of
19    Corrections-Juvenile Division for a sex offense as defined by
20    the  Sex  Offender  Management Board Act shall be required to
21    undergo  sex  offender  treatment  by  a  treatment  provider
22    approved by the Board and conducted in conformance  with  the
23    Sex Offender Management Board Act.
24    (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)

25        (730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7)
26        Sec. 3-9-7.  Sexual abuse counseling programs.
27        (a)  The  Juvenile  Division  shall  establish  and offer
28    sexual abuse counseling to both victims of sexual  abuse  and
29    sexual offenders in as many facilities as necessary to insure
30    sexual abuse counseling throughout the State.
31        (b)  Any   minor   committed   to   the   Department   of
32    Corrections-Juvenile  Division  for  a sex offense as defined
33    under the Sex Offender Management Board Act shall be required
 
                            -45-     LRB093 10381 RLC 15756 a
 1    to undergo sex offender treatment  by  a  treatment  provider
 2    approved  by  the Board and conducted in conformance with the
 3    standards developed by the Sex Offender Management Board Act.
 4    (Source: P.A. 87-444.)

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

21        (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
22        Sec. 5-3-2.  Presentence Report.
23        (a)  In felony cases, the presentence  report  shall  set
24    forth:
25             (1)  the   defendant's  history  of  delinquency  or
26        criminality, physical and mental history  and  condition,
27        family   situation   and   background,  economic  status,
28        education, occupation and personal habits;
29             (2)  information about special resources within  the
30        community   which   might  be  available  to  assist  the
31        defendant's rehabilitation, including treatment  centers,
32        residential  facilities,  vocational  training  services,
 
                            -46-     LRB093 10381 RLC 15756 a
 1        correctional manpower programs, employment opportunities,
 2        special  educational  programs,  alcohol  and  drug abuse
 3        programming, psychiatric  and  marriage  counseling,  and
 4        other   programs  and  facilities  which  could  aid  the
 5        defendant's successful reintegration into society;
 6             (3)  the effect the offense committed has  had  upon
 7        the  victim  or  victims  thereof,  and  any compensatory
 8        benefit that various sentencing alternatives would confer
 9        on such victim or victims;
10             (4)  information concerning the  defendant's  status
11        since arrest, including his record if released on his own
12        recognizance,  or  the  defendant's achievement record if
13        released on a conditional pre-trial supervision program;
14             (5)  when  appropriate,  a  plan,  based  upon   the
15        personal,  economic  and  social  adjustment needs of the
16        defendant,  utilizing  public   and   private   community
17        resources as an alternative to institutional sentencing;
18             (6)  any   other   matters  that  the  investigatory
19        officer  deems  relevant  or  the  court  directs  to  be
20        included; and
21             (7)  information concerning defendant's  eligibility
22        for  a  sentence to a county impact incarceration program
23        under Section 5-8-1.2 of this Code.
24        (b)  The  investigation  shall  include  a  physical  and
25    mental examination of the defendant when so  ordered  by  the
26    court.   If  the  court  determines  that such an examination
27    should be made, it shall issue an order  that  the  defendant
28    submit to examination at such time and place as designated by
29    the  court  and  that  such  examination  be  conducted  by a
30    physician, psychologist or  psychiatrist  designated  by  the
31    court.   Such  an  examination  may  be  conducted in a court
32    clinic if  so  ordered  by  the  court.   The  cost  of  such
33    examination shall be paid by the county in which the trial is
34    held.
 
                            -47-     LRB093 10381 RLC 15756 a
 1        (b-5)  In  cases  involving  felony  sex  offenses or any
 2    felony offense that is sexually motivated as defined  in  the
 3    Sex  Offender  Management  Board Act, the investigation shall
 4    include a sex offender evaluation by an evaluator approved by
 5    the Board and conducted in  conformance  with  the  standards
 6    developed under the Sex Offender Management Board Act.
 7        (c)  In  misdemeanor,  business  offense or petty offense
 8    cases, except as specified in subsection (d) of this Section,
 9    when a presentence report has been ordered by the court, such
10    presentence  report  shall   contain   information   on   the
11    defendant's  history  of delinquency or criminality and shall
12    further  contain  only  those  matters  listed  in   any   of
13    paragraphs (1) through (6) of subsection (a) or in subsection
14    (b)  of  this  Section   as are specified by the court in its
15    order for the report.
16        (d)  In cases under Section 12-15 and  Section  12-30  of
17    the Criminal Code of 1961, as amended, the presentence report
18    shall  set  forth  information  about  alcohol,  drug  abuse,
19    psychiatric,  and  marriage  counseling  or  other  treatment
20    programs  and  facilities,  information  on  the  defendant's
21    history  of  delinquency  or  criminality,  and shall contain
22    those additional matters listed  in  any  of  paragraphs  (1)
23    through  (6)  of  subsection (a) or in subsection (b) of this
24    Section as are specified by the court.
25        (e)  Nothing in this Section shall cause the defendant to
26    be held without bail or to have  his  bail  revoked  for  the
27    purpose  of  preparing  the  presentence  report or making an
28    examination.
29    (Source: P.A. 89-587, eff. 7-31-96.)

30        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
31        Sec. 5-4-1.  Sentencing Hearing.
32        (a)  Except  when  the  death  penalty  is  sought  under
33    hearing procedures otherwise specified, after a determination
 
                            -48-     LRB093 10381 RLC 15756 a
 1    of guilt, a hearing shall be held  to  impose  the  sentence.
 2    However, prior to the imposition of sentence on an individual
 3    being  sentenced  for  an  offense  based upon a charge for a
 4    violation of Section 11-501 of the Illinois Vehicle Code or a
 5    similar provision of a local ordinance, the  individual  must
 6    undergo  a professional evaluation to determine if an alcohol
 7    or other drug abuse problem exists and the extent of  such  a
 8    problem.   Programs  conducting  these  evaluations  shall be
 9    licensed by the Department of Human  Services.   However,  if
10    the  individual is not a resident of Illinois, the court may,
11    in its discretion, accept an evaluation from a program in the
12    state of such individual's residence. The court  may  in  its
13    sentencing  order approve an eligible defendant for placement
14    in a Department of Corrections impact  incarceration  program
15    as  provided  in  Section 5-8-1.1 or 5-8-1.3.  At the hearing
16    the court shall:
17             (1)  consider the evidence, if  any,  received  upon
18        the trial;
19             (2)  consider any presentence reports;
20             (3)  consider  the financial impact of incarceration
21        based on the financial impact statement  filed  with  the
22        clerk of the court by the Department of Corrections;
23             (4)  consider  evidence  and  information offered by
24        the parties in aggravation and mitigation;
25             (5)  hear arguments as to sentencing alternatives;
26             (6)  afford the defendant the opportunity to make  a
27        statement in his own behalf;
28             (7)  afford  the  victim  of  a  violent  crime or a
29        violation of Section 11-501 of the Illinois Vehicle Code,
30        or a  similar  provision  of  a  local  ordinance,  or  a
31        qualified  individual  affected by a violation of Section
32        405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
33        Substances   Act,   committed   by   the   defendant  the
34        opportunity to make a statement concerning the impact  on
 
                            -49-     LRB093 10381 RLC 15756 a
 1        the  victim  and  to  offer  evidence  in  aggravation or
 2        mitigation; provided  that  the  statement  and  evidence
 3        offered  in  aggravation  or  mitigation  must  first  be
 4        prepared  in  writing  in  conjunction  with  the State's
 5        Attorney  before  it  may  be  presented  orally  at  the
 6        hearing. Any sworn testimony offered  by  the  victim  is
 7        subject  to  the  defendant's right to cross-examine. All
 8        statements and evidence offered under this paragraph  (7)
 9        shall  become  part  of the record of the court.  For the
10        purpose of this  paragraph  (7),  "qualified  individual"
11        means  any  person  who  (i)  lived  or worked within the
12        territorial jurisdiction where  the  offense  took  place
13        when  the  offense  took place; and (ii) is familiar with
14        various public places within the territorial jurisdiction
15        where the offense took place when the offense took place.
16        For  the  purposes  of  this  paragraph  (7),  "qualified
17        individual" includes any peace officer, or any member  of
18        any duly organized State, county, or municipal peace unit
19        assigned   to  the  territorial  jurisdiction  where  the
20        offense took place when the offense took place; and
21             (8)  in  cases  of  reckless  homicide  afford   the
22        victim's  spouse,  guardians,  parents or other immediate
23        family members an opportunity to  make  oral  statements;
24        and.
25             (9)  in  cases  involving  a  felony  sex offense as
26        defined under the  Sex  Offender  Management  Board  Act,
27        consider  the  results  of  the  sex  offender evaluation
28        conducted pursuant to Section 5-3-2 of this Act.
29        (b)  All sentences shall be imposed by  the  judge  based
30    upon  his  independent  assessment  of the elements specified
31    above and  any  agreement  as  to  sentence  reached  by  the
32    parties.   The  judge  who presided at the trial or the judge
33    who accepted the plea of guilty  shall  impose  the  sentence
34    unless  he  is  no  longer  sitting as a judge in that court.
 
                            -50-     LRB093 10381 RLC 15756 a
 1    Where the judge does not impose sentence at the same time  on
 2    all  defendants  who  are  convicted  as  a  result  of being
 3    involved in the same offense, the defendant  or  the  State's
 4    Attorney  may  advise the sentencing court of the disposition
 5    of any other defendants who have been sentenced.
 6        (c)  In imposing a sentence for a violent crime or for an
 7    offense of operating  or  being  in  physical  control  of  a
 8    vehicle  while under the influence of alcohol, any other drug
 9    or any combination thereof, or a similar provision of a local
10    ordinance, when such offense resulted in the personal  injury
11    to  someone  other  than the defendant, the trial judge shall
12    specify on the record the particular  evidence,  information,
13    factors  in  mitigation and aggravation or other reasons that
14    led to his sentencing determination. The full verbatim record
15    of the sentencing hearing shall be filed with  the  clerk  of
16    the court and shall be a public record.
17        (c-1)  In   imposing   a  sentence  for  the  offense  of
18    aggravated  kidnapping  for  ransom,  home  invasion,   armed
19    robbery, aggravated vehicular hijacking, aggravated discharge
20    of  a  firearm, or armed violence with a category I weapon or
21    category II weapon, the trial judge shall make a  finding  as
22    to  whether the conduct leading to conviction for the offense
23    resulted in great bodily harm to a victim,  and  shall  enter
24    that finding and the basis for that finding in the record.
25        (c-2)  If  the  defendant  is  sentenced to prison, other
26    than when a  sentence  of  natural  life  imprisonment  or  a
27    sentence  of  death  is  imposed, at the time the sentence is
28    imposed the judge shall state on the record in open court the
29    approximate period  of  time  the  defendant  will  serve  in
30    custody  according  to  the  then current statutory rules and
31    regulations for early release  found  in  Section  3-6-3  and
32    other  related  provisions  of  this Code.  This statement is
33    intended solely to inform the public, has no legal effect  on
34    the  defendant's  actual release, and may not be relied on by
 
                            -51-     LRB093 10381 RLC 15756 a
 1    the defendant on appeal.
 2        The judge's statement, to be given after pronouncing  the
 3    sentence,  other than when the sentence is imposed for one of
 4    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
 5    shall include the following:
 6        "The purpose of this statement is to inform the public of
 7    the actual period of time this defendant is likely  to  spend
 8    in prison as a result of this sentence.  The actual period of
 9    prison  time served is determined by the statutes of Illinois
10    as applied to this sentence by  the  Illinois  Department  of
11    Corrections  and the Illinois Prisoner Review Board.  In this
12    case, assuming the defendant receives all of his or her  good
13    conduct credit, the period of estimated actual custody is ...
14    years  and  ...  months,  less up to 180 days additional good
15    conduct credit for meritorious service.   If  the  defendant,
16    because  of  his  or  her own misconduct or failure to comply
17    with the institutional regulations, does  not  receive  those
18    credits,  the  actual  time  served in prison will be longer.
19    The defendant may also receive  an  additional  one-half  day
20    good   conduct  credit  for  each  day  of  participation  in
21    vocational,  industry,  substance  abuse,   and   educational
22    programs as provided for by Illinois statute."
23        When  the  sentence  is  imposed  for one of the offenses
24    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
25    when  the  sentence  is  imposed  for  one  of  the  offenses
26    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
27    or after June 19, 1998, and other than when the  sentence  is
28    imposed for reckless homicide as defined in subsection (e) of
29    Section  9-3  of the Criminal Code of 1961 if the offense was
30    committed on or after January 1, 1999, and  other  than  when
31    the  sentence  is imposed for aggravated arson if the offense
32    was  committed  on  or  after  the  effective  date  of  this
33    amendatory Act of the  92nd  General  Assembly,  the  judge's
34    statement,  to be given after pronouncing the sentence, shall
 
                            -52-     LRB093 10381 RLC 15756 a
 1    include the following:
 2        "The purpose of this statement is to inform the public of
 3    the actual period of time this defendant is likely  to  spend
 4    in prison as a result of this sentence.  The actual period of
 5    prison  time served is determined by the statutes of Illinois
 6    as applied to this sentence by  the  Illinois  Department  of
 7    Corrections  and the Illinois Prisoner Review Board.  In this
 8    case, assuming the defendant receives all of his or her  good
 9    conduct credit, the period of estimated actual custody is ...
10    years  and  ...  months,  less  up to 90 days additional good
11    conduct credit for meritorious service.   If  the  defendant,
12    because  of  his  or  her own misconduct or failure to comply
13    with the institutional regulations, does  not  receive  those
14    credits,  the  actual  time  served in prison will be longer.
15    The defendant may also receive  an  additional  one-half  day
16    good   conduct  credit  for  each  day  of  participation  in
17    vocational,  industry,  substance  abuse,   and   educational
18    programs as provided for by Illinois statute."
19        When  the  sentence  is  imposed  for one of the offenses
20    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
21    first  degree  murder,  and  the  offense was committed on or
22    after June 19, 1998, and when the  sentence  is  imposed  for
23    reckless homicide as defined in subsection (e) of Section 9-3
24    of  the Criminal Code of 1961 if the offense was committed on
25    or after January 1, 1999, and when the  sentence  is  imposed
26    for aggravated arson if the offense was committed on or after
27    the effective date of this amendatory Act of the 92nd General
28    Assembly,   the   judge's   statement,   to  be  given  after
29    pronouncing the sentence, shall include the following:
30        "The purpose of this statement is to inform the public of
31    the actual period of time this defendant is likely  to  spend
32    in prison as a result of this sentence.  The actual period of
33    prison  time served is determined by the statutes of Illinois
34    as applied to this sentence by  the  Illinois  Department  of
 
                            -53-     LRB093 10381 RLC 15756 a
 1    Corrections  and the Illinois Prisoner Review Board.  In this
 2    case, the defendant is entitled to no more than 4 1/2 days of
 3    good conduct credit for each month of his or her sentence  of
 4    imprisonment.   Therefore, this defendant will serve at least
 5    85% of his or her sentence.  Assuming the defendant  receives
 6    4  1/2 days credit for each month of his or her sentence, the
 7    period of estimated actual  custody  is  ...  years  and  ...
 8    months.   If  the  defendant,  because  of  his  or  her  own
 9    misconduct  or  failure  to  comply  with  the  institutional
10    regulations receives lesser credit, the actual time served in
11    prison will be longer."
12        When  a  sentence  of  imprisonment  is imposed for first
13    degree murder and the offense was committed on or after  June
14    19,   1998,   the   judge's  statement,  to  be  given  after
15    pronouncing the sentence, shall include the following:
16        "The purpose of this statement is to inform the public of
17    the actual period of time this defendant is likely  to  spend
18    in prison as a result of this sentence.  The actual period of
19    prison  time served is determined by the statutes of Illinois
20    as applied to this sentence by  the  Illinois  Department  of
21    Corrections  and the Illinois Prisoner Review Board.  In this
22    case, the defendant is not entitled to good  conduct  credit.
23    Therefore,  this  defendant  will  serve  100%  of his or her
24    sentence."
25        (d)  When the defendant is committed to the Department of
26    Corrections, the State's Attorney shall and counsel  for  the
27    defendant may file a statement with the clerk of the court to
28    be  transmitted  to  the department, agency or institution to
29    which the defendant is committed to furnish such  department,
30    agency or institution with the facts and circumstances of the
31    offense  for which the person was committed together with all
32    other factual information accessible to them in regard to the
33    person prior  to  his  commitment  relative  to  his  habits,
34    associates,  disposition  and  reputation and any other facts
 
                            -54-     LRB093 10381 RLC 15756 a
 1    and circumstances which may aid such  department,  agency  or
 2    institution  during  its  custody  of such person.  The clerk
 3    shall within 10 days  after  receiving  any  such  statements
 4    transmit a copy to such department, agency or institution and
 5    a copy to the other party, provided, however, that this shall
 6    not  be  cause  for  delay  in  conveying  the  person to the
 7    department, agency  or  institution  to  which  he  has  been
 8    committed.
 9        (e)  The  clerk  of  the  court  shall  transmit  to  the
10    department,  agency  or  institution,  if  any,  to which the
11    defendant is committed, the following:
12             (1)  the sentence imposed;
13             (2)  any statement by the court  of  the  basis  for
14        imposing the sentence;
15             (3)  any presentence reports;
16             (3.5)  any sex offender evaluations;
17             (4)  the number of days, if any, which the defendant
18        has  been  in  custody  and  for  which he is entitled to
19        credit against the sentence, which information  shall  be
20        provided to the clerk by the sheriff;
21             (4.1)  any  finding of great bodily harm made by the
22        court with respect to an offense enumerated in subsection
23        (c-1);
24             (5)  all statements filed under  subsection  (d)  of
25        this Section;
26             (6)  any   medical   or  mental  health  records  or
27        summaries of the defendant;
28             (7)  the  municipality  where  the  arrest  of   the
29        offender  or  the commission of the offense has occurred,
30        where such municipality has a  population  of  more  than
31        25,000 persons;
32             (8)  all  statements made and evidence offered under
33        paragraph (7) of subsection (a) of this Section; and
34             (9)  all additional matters which the court  directs
 
                            -55-     LRB093 10381 RLC 15756 a
 1        the clerk to transmit.
 2    (Source:  P.A.  91-357,  eff.  7-29-99;  91-899, eff. 1-1-01;
 3    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

 4        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
 5        Sec. 5-6-3.  Conditions of Probation and  of  Conditional
 6    Discharge.
 7        (a)  The  conditions  of  probation  and  of  conditional
 8    discharge shall be that the person:
 9             (1)  not   violate   any  criminal  statute  of  any
10        jurisdiction;
11             (2)  report to  or  appear  in  person  before  such
12        person or agency as directed by the court;
13             (3)  refrain  from  possessing  a  firearm  or other
14        dangerous weapon;
15             (4)  not leave the State without the consent of  the
16        court  or,  in  circumstances in which the reason for the
17        absence is of such an emergency nature that prior consent
18        by  the  court  is  not  possible,  without   the   prior
19        notification  and  approval  of  the  person's  probation
20        officer.  Transfer of a person's probation or conditional
21        discharge  supervision  to  another  state  is subject to
22        acceptance by the other state pursuant to the  Interstate
23        Compact for Adult Offender Supervision;
24             (5)  permit  the  probation  officer to visit him at
25        his  home  or  elsewhere  to  the  extent  necessary   to
26        discharge his duties;
27             (6)  perform  no  less  than  30  hours of community
28        service and not more than 120 hours of community service,
29        if community service is available in the jurisdiction and
30        is funded and approved by  the  county  board  where  the
31        offense  was  committed, where the offense was related to
32        or in  furtherance  of  the  criminal  activities  of  an
33        organized  gang  and  was  motivated  by  the  offender's
 
                            -56-     LRB093 10381 RLC 15756 a
 1        membership  in  or  allegiance to an organized gang.  The
 2        community service shall include, but not be  limited  to,
 3        the  cleanup  and  repair  of  any  damage  caused  by  a
 4        violation  of Section 21-1.3 of the Criminal Code of 1961
 5        and  similar  damage  to  property  located  within   the
 6        municipality  or  county in which the violation occurred.
 7        When  possible  and  reasonable,  the  community  service
 8        should be performed in the offender's neighborhood.   For
 9        purposes  of  this  Section,  "organized  gang"  has  the
10        meaning  ascribed  to  it  in  Section 10 of the Illinois
11        Streetgang Terrorism Omnibus Prevention Act;
12             (7)  if he or she is at least 17 years  of  age  and
13        has  been sentenced to probation or conditional discharge
14        for a misdemeanor or felony in a county of  3,000,000  or
15        more inhabitants and has not been previously convicted of
16        a   misdemeanor   or  felony,  may  be  required  by  the
17        sentencing court to attend educational  courses  designed
18        to prepare the defendant for a high school diploma and to
19        work  toward  a  high  school  diploma  or to work toward
20        passing the high school level Test of General Educational
21        Development  (GED)  or  to  work  toward   completing   a
22        vocational  training  program approved by the court.  The
23        person on probation or conditional discharge must  attend
24        a   public   institution   of  education  to  obtain  the
25        educational  or  vocational  training  required  by  this
26        clause (7).  The court  shall  revoke  the  probation  or
27        conditional  discharge  of a person who wilfully fails to
28        comply with this clause (7).  The person on probation  or
29        conditional  discharge  shall  be required to pay for the
30        cost of the educational courses or GED test, if a fee  is
31        charged  for  those  courses  or  test.   The court shall
32        resentence the offender whose  probation  or  conditional
33        discharge  has been revoked as provided in Section 5-6-4.
34        This clause (7)  does not apply to a  person  who  has  a
 
                            -57-     LRB093 10381 RLC 15756 a
 1        high  school  diploma  or has successfully passed the GED
 2        test. This clause (7)  does not apply to a person who  is
 3        determined by the court to be developmentally disabled or
 4        otherwise    mentally   incapable   of   completing   the
 5        educational or vocational program;
 6             (8)  if  convicted  of  possession  of  a  substance
 7        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 8        Controlled Substances Act after a previous conviction  or
 9        disposition  of supervision for possession of a substance
10        prohibited  by  the  Cannabis  Control  Act  or  Illinois
11        Controlled  Substances  Act  or  after  a   sentence   of
12        probation under Section 10 of the Cannabis Control Act or
13        Section 410 of the Illinois Controlled Substances Act and
14        upon  a finding by the court that the person is addicted,
15        undergo treatment at a substance abuse  program  approved
16        by the court; and
17             (8.5)  if  convicted  of  a  felony  sex  offense as
18        defined in the Sex Offender  Management  Board  Act,  the
19        person   shall  undergo  and  successfully  complete  sex
20        offender treatment by a treatment  provider  approved  by
21        the Board and conducted in conformance with the standards
22        developed  under  the  Sex Offender Management Board Act;
23        and
24             (9)  if convicted of a felony, physically  surrender
25        at  a  time and place designated by the court, his or her
26        Firearm Owner's  Identification  Card  and  any  and  all
27        firearms in his or her possession.
28        (b)  The  Court  may  in  addition  to  other  reasonable
29    conditions  relating  to  the  nature  of  the offense or the
30    rehabilitation  of  the  defendant  as  determined  for  each
31    defendant in the proper discretion of the Court require  that
32    the person:
33             (1)  serve  a  term  of  periodic imprisonment under
34        Article 7 for a period not to exceed  that  specified  in
 
                            -58-     LRB093 10381 RLC 15756 a
 1        paragraph (d)  of Section 5-7-1;
 2             (2)  pay a fine and costs;
 3             (3)  work  or pursue a course of study or vocational
 4        training;
 5             (4)  undergo medical, psychological  or  psychiatric
 6        treatment; or treatment for drug addiction or alcoholism;
 7             (5)  attend  or reside in a facility established for
 8        the instruction or residence of defendants on probation;
 9             (6)  support his dependents;
10             (7)  and in addition, if a minor:
11                  (i)  reside with his parents  or  in  a  foster
12             home;
13                  (ii)  attend school;
14                  (iii)  attend  a  non-residential  program  for
15             youth;
16                  (iv)  contribute  to his own support at home or
17             in a foster home;
18                  (v)  with the consent of the superintendent  of
19             the  facility,  attend  an  educational program at a
20             facility other than the school in which the  offense
21             was  committed  if he or she is convicted of a crime
22             of violence as defined in Section  2  of  the  Crime
23             Victims  Compensation  Act committed in a school, on
24             the real property comprising  a  school,  or  within
25             1,000 feet of the real property comprising a school;
26             (8)  make  restitution  as provided in Section 5-5-6
27        of this Code;
28             (9)  perform some  reasonable  public  or  community
29        service;
30             (10)  serve a term of home confinement.  In addition
31        to   any  other  applicable  condition  of  probation  or
32        conditional discharge, the conditions of home confinement
33        shall be that the offender:
34                  (i)  remain within the interior premises of the
 
                            -59-     LRB093 10381 RLC 15756 a
 1             place designated  for  his  confinement  during  the
 2             hours designated by the court;
 3                  (ii)  admit  any  person or agent designated by
 4             the court into the offender's place  of  confinement
 5             at any time for purposes of verifying the offender's
 6             compliance  with  the conditions of his confinement;
 7             and
 8                  (iii)  if further deemed necessary by the court
 9             or the Probation or Court  Services  Department,  be
10             placed  on an approved electronic monitoring device,
11             subject to Article 8A of Chapter V;
12                  (iv)  for persons  convicted  of  any  alcohol,
13             cannabis  or  controlled substance violation who are
14             placed  on  an  approved  monitoring  device  as   a
15             condition of probation or conditional discharge, the
16             court  shall impose a reasonable fee for each day of
17             the use of the device, as established by the  county
18             board  in  subsection  (g)  of  this Section, unless
19             after determining the inability of the  offender  to
20             pay  the  fee, the court assesses a lesser fee or no
21             fee as the case may be. This fee shall be imposed in
22             addition  to  the  fees  imposed  under  subsections
23             (g)  and (i)  of this  Section.  The  fee  shall  be
24             collected  by  the  clerk of the circuit court.  The
25             clerk of the circuit  court  shall  pay  all  monies
26             collected  from this fee to the county treasurer for
27             deposit in the substance abuse services  fund  under
28             Section 5-1086.1 of the Counties Code; and
29                  (v)  for  persons  convicted  of offenses other
30             than those referenced in clause (iv)  above and  who
31             are  placed  on  an  approved monitoring device as a
32             condition of probation or conditional discharge, the
33             court shall impose a reasonable fee for each day  of
34             the  use of the device, as established by the county
 
                            -60-     LRB093 10381 RLC 15756 a
 1             board in subsection  (g)  of  this  Section,  unless
 2             after  determining the inability of the defendant to
 3             pay the fee, the court assesses a lesser fee  or  no
 4             fee  as  the case may be.  This fee shall be imposed
 5             in addition to the fees  imposed  under  subsections
 6             (g)  and  (i)  of  this  Section.   The fee shall be
 7             collected by the clerk of the  circuit  court.   The
 8             clerk  of  the  circuit  court  shall pay all monies
 9             collected from this fee to the county treasurer  who
10             shall  use  the monies collected to defray the costs
11             of corrections.  The county treasurer shall  deposit
12             the  fee  collected  in the county working cash fund
13             under Section 6-27001  or  Section  6-29002  of  the
14             Counties Code, as the case may be.
15             (11)  comply  with  the  terms  and conditions of an
16        order of protection issued by the court pursuant  to  the
17        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
18        hereafter  amended,  or  an order of protection issued by
19        the court of  another  state,  tribe,  or  United  States
20        territory.  A  copy  of  the order of protection shall be
21        transmitted to the probation  officer  or  agency  having
22        responsibility for the case;
23             (12)  reimburse  any  "local  anti-crime program" as
24        defined in Section 7 of the Anti-Crime  Advisory  Council
25        Act  for  any reasonable expenses incurred by the program
26        on the offender's case, not to exceed the maximum  amount
27        of  the  fine  authorized  for  the offense for which the
28        defendant was sentenced;
29             (13)  contribute a reasonable sum of money,  not  to
30        exceed  the maximum amount of the fine authorized for the
31        offense for which  the  defendant  was  sentenced,  to  a
32        "local  anti-crime  program",  as defined in Section 7 of
33        the Anti-Crime Advisory Council Act;
34             (14)  refrain  from  entering  into   a   designated
 
                            -61-     LRB093 10381 RLC 15756 a
 1        geographic area except upon such terms as the court finds
 2        appropriate.  Such terms may include consideration of the
 3        purpose of the entry, the  time  of  day,  other  persons
 4        accompanying  the  defendant,  and  advance approval by a
 5        probation officer, if the defendant has  been  placed  on
 6        probation  or  advance  approval  by  the  court,  if the
 7        defendant was placed on conditional discharge;
 8             (15)  refrain from having any contact,  directly  or
 9        indirectly,  with certain specified persons or particular
10        types of persons, including but not limited to members of
11        street gangs and drug users or dealers;
12             (16)  refrain from having in his  or  her  body  the
13        presence  of  any illicit drug prohibited by the Cannabis
14        Control Act or the Illinois  Controlled  Substances  Act,
15        unless  prescribed  by a physician, and submit samples of
16        his or her blood or urine or both for tests to  determine
17        the presence of any illicit drug.
18        (c)  The  court  may  as  a  condition of probation or of
19    conditional discharge require that a person under 18 years of
20    age found guilty  of  any  alcohol,  cannabis  or  controlled
21    substance   violation,  refrain  from  acquiring  a  driver's
22    license  during  the  period  of  probation  or   conditional
23    discharge.   If  such  person is in possession of a permit or
24    license, the court may require that the  minor  refrain  from
25    driving  or  operating any motor vehicle during the period of
26    probation  or  conditional  discharge,  except  as   may   be
27    necessary in the course of the minor's lawful employment.
28        (d)  An offender sentenced to probation or to conditional
29    discharge  shall  be  given  a  certificate setting forth the
30    conditions thereof.
31        (e)  Except where the offender has committed a fourth  or
32    subsequent  violation  of subsection (c)  of Section 6-303 of
33    the Illinois Vehicle Code, the court shall not require  as  a
34    condition   of  the  sentence  of  probation  or  conditional
 
                            -62-     LRB093 10381 RLC 15756 a
 1    discharge that the offender  be  committed  to  a  period  of
 2    imprisonment  in excess of 6 months. This 6 month limit shall
 3    not include  periods  of  confinement  given  pursuant  to  a
 4    sentence   of   county  impact  incarceration  under  Section
 5    5-8-1.2. This 6 month  limit  does  not  apply  to  a  person
 6    sentenced  to  probation  as  a  result  of a conviction of a
 7    fourth or subsequent violation of subsection (c-4) of Section
 8    11-501 of the Illinois Vehicle Code or a similar provision of
 9    a local ordinance.
10        Persons committed  to  imprisonment  as  a  condition  of
11    probation  or conditional discharge shall not be committed to
12    the Department of Corrections.
13        (f)  The  court  may  combine  a  sentence  of   periodic
14    imprisonment under Article 7 or a sentence to a county impact
15    incarceration  program  under  Article  8  with a sentence of
16    probation or conditional discharge.
17        (g)  An offender sentenced to probation or to conditional
18    discharge  and  who  during  the  term  of  either  undergoes
19    mandatory drug or alcohol testing, or both, or is assigned to
20    be placed on an approved electronic monitoring device,  shall
21    be ordered to pay all costs incidental to such mandatory drug
22    or alcohol testing, or both, and all costs incidental to such
23    approved   electronic   monitoring  in  accordance  with  the
24    defendant's ability to pay those  costs.   The  county  board
25    with  the  concurrence  of  the  Chief  Judge of the judicial
26    circuit in  which  the  county  is  located  shall  establish
27    reasonable  fees  for  the  cost of maintenance, testing, and
28    incidental expenses related to the mandatory drug or  alcohol
29    testing,  or  both,  and  all  costs  incidental  to approved
30    electronic monitoring, involved  in  a  successful  probation
31    program  for  the county.  The concurrence of the Chief Judge
32    shall be in the form of an  administrative  order.  The  fees
33    shall  be  collected  by the clerk of the circuit court.  The
34    clerk of the circuit court shall  pay  all  moneys  collected
 
                            -63-     LRB093 10381 RLC 15756 a
 1    from  these  fees  to  the county treasurer who shall use the
 2    moneys collected to defray the costs of drug testing, alcohol
 3    testing, and  electronic  monitoring.  The  county  treasurer
 4    shall  deposit  the fees collected in the county working cash
 5    fund under Section 6-27001 or Section 6-29002 of the Counties
 6    Code, as the case may be.
 7        (h)  Jurisdiction over an  offender  may  be  transferred
 8    from  the  sentencing  court  to the court of another circuit
 9    with the concurrence of both courts.   Further  transfers  or
10    retransfers  of  jurisdiction are also authorized in the same
11    manner.  The court to which jurisdiction has been transferred
12    shall have the same powers as the sentencing court.
13        (i)  The court shall impose upon an offender sentenced to
14    probation after January 1, 1989 or to  conditional  discharge
15    after  January  1,  1992, as a condition of such probation or
16    conditional discharge, a fee of $35 $25  for  each  month  of
17    probation or conditional discharge supervision ordered by the
18    court,  unless  after determining the inability of the person
19    sentenced to probation or conditional discharge  to  pay  the
20    fee,  the  court  assesses  a  lesser  fee. The court may not
21    impose the fee on a minor who is made a  ward  of  the  State
22    under  the  Juvenile  Court Act of 1987 while the minor is in
23    placement. The fee shall be imposed only upon an offender who
24    is actively supervised by the probation  and  court  services
25    department.   The  fee shall be collected by the clerk of the
26    circuit court.  The clerk of the circuit court shall  deposit
27    the  first  $25 pay all monies collected from this fee to the
28    county treasurer for  deposit  in  the  probation  and  court
29    services  fund  under  Section  15.1  of  the  Probation  and
30    Probation  Officers Act. The clerk of the court shall deposit
31    $10 collected from this fee into the Sex Offender  Management
32    Board  Fund  under  Section 19 of the Sex Offender Management
33    Board Act. Money deposited into the Sex  Offender  Management
34    Board   Fund  shall  be  administered  by  the  Sex  Offender
 
                            -64-     LRB093 10381 RLC 15756 a
 1    Management Board and be used to fund  practices  endorsed  or
 2    required   under  the  Sex  Offender  Management  Board  Act,
 3    including  but  not  limited  to  sex  offender   evaluation,
 4    treatment,  and  monitoring  programs  that  are  or  may  be
 5    developed by the agency providing supervision, the Department
 6    of Corrections or the Department of Human Services. This Fund
 7    shall also be used for administrative costs, including staff,
 8    incurred by the Board.
 9        (j)  All  fines  and costs imposed under this Section for
10    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
11    Vehicle  Code,  or  a similar provision of a local ordinance,
12    and any violation of the Child Passenger Protection Act, or a
13    similar provision of a local ordinance,  shall  be  collected
14    and  disbursed by the circuit clerk as provided under Section
15    27.5 of the Clerks of Courts Act.
16    (Source: P.A. 91-325, eff.  7-29-99;  91-696,  eff.  4-13-00;
17    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
18    8-10-01;  92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
19    eff. 6-26-02; 92-651, eff. 7-11-02.)

20        (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
21        Sec. 5-7-1.  Sentence of Periodic Imprisonment.
22        (a)  A sentence of periodic imprisonment is a sentence of
23    imprisonment  during  which  the  committed  person  may   be
24    released  for  periods of time during the day or night or for
25    periods of days, or both, or if convicted of a felony,  other
26    than  first  degree  murder,  a  Class  X  or Class 1 felony,
27    committed to any county, municipal, or regional  correctional
28    or  detention  institution or facility in this State for such
29    periods of time as the court may  direct.  Unless  the  court
30    orders  otherwise,  the  particular  times  and conditions of
31    release shall be determined by the Department of Corrections,
32    the  sheriff,  or  the  Superintendent  of   the   house   of
33    corrections, who is administering the program.
 
                            -65-     LRB093 10381 RLC 15756 a
 1        (b)  A  sentence  of periodic imprisonment may be imposed
 2    to permit the defendant to:
 3             (1)  seek employment;
 4             (2)  work;
 5             (3)  conduct  a  business  or  other   self-employed
 6        occupation including housekeeping;
 7             (4)  attend to family needs;
 8             (5)  attend  an  educational  institution, including
 9        vocational education;
10             (6)  obtain medical or psychological treatment;
11             (7)  perform work duties at a county, municipal,  or
12        regional   correctional   or   detention  institution  or
13        facility;
14             (8)  continue to reside  at  home  with  or  without
15        supervision  involving  the use of an approved electronic
16        monitoring device, subject to Article 8A of Chapter V; or
17             (9)  for any other purpose determined by the court.
18        (c)  Except where prohibited by other provisions of  this
19    Code,   the   court   may   impose  a  sentence  of  periodic
20    imprisonment for a felony or misdemeanor on a person  who  is
21    17  years  of  age  or  older.  The  court shall not impose a
22    sentence of periodic imprisonment if it imposes a sentence of
23    imprisonment upon the defendant in excess of 90 days.
24        (d)  A sentence of periodic imprisonment shall be  for  a
25    definite  term  of from 3 to 4 years for a Class 1 felony, 18
26    to 30 months for a Class 2 felony, and up to  18  months,  or
27    the  longest  sentence  of imprisonment that could be imposed
28    for the offense, whichever is less, for all  other  offenses;
29    however,  no  person shall be sentenced to a term of periodic
30    imprisonment longer than one year if he  is  committed  to  a
31    county   correctional   institution   or   facility,  and  in
32    conjunction with that sentence participate in a  county  work
33    release  program  comparable  to  the  work  and  day release
34    program provided for in Article 13 of  the  Unified  Code  of
 
                            -66-     LRB093 10381 RLC 15756 a
 1    Corrections  in  State  facilities.  The term of the sentence
 2    shall be calculated upon the basis of  the  duration  of  its
 3    term  rather  than upon the basis of the actual days spent in
 4    confinement.  No sentence of periodic imprisonment  shall  be
 5    subject  to  the good time credit provisions of Section 3-6-3
 6    of this Code.
 7        (e)  When  the  court  imposes  a  sentence  of  periodic
 8    imprisonment, it shall state:
 9             (1)  the term of such sentence;
10             (2)  the days or parts of days which  the  defendant
11        is to be confined;
12             (3)  the conditions.
13        (f)  The  court may issue an order of protection pursuant
14    to the Illinois Domestic Violence Act of 1986 as a  condition
15    of a sentence of periodic imprisonment. The Illinois Domestic
16    Violence  Act  of 1986 shall govern the issuance, enforcement
17    and recording of  orders  of  protection  issued  under  this
18    Section.   A  copy  of  the  order  of  protection  shall  be
19    transmitted to the person or agency having responsibility for
20    the case.
21        (f-5)  An  offender  sentenced  to  a  term  of  periodic
22    imprisonment for a felony sex offense as defined in  the  Sex
23    Offender  Management  Board  Act shall be required to undergo
24    and  successfully  complete  sex  offender  treatment  by   a
25    treatment  provider  approved  by  the Board and conducted in
26    conformance  with  the  standards  developed  under  the  Sex
27    Offender Management Board Act.
28        (g)  An offender sentenced to periodic  imprisonment  who
29    undergoes  mandatory  drug or alcohol testing, or both, or is
30    assigned to be placed on an  approved  electronic  monitoring
31    device,  shall be ordered to pay the costs incidental to such
32    mandatory  drug  or  alcohol  testing,  or  both,  and  costs
33    incidental  to  such  approved   electronic   monitoring   in
34    accordance  with  the defendant's ability to pay those costs.
 
                            -67-     LRB093 10381 RLC 15756 a
 1    The county board with the concurrence of the Chief  Judge  of
 2    the  judicial  circuit  in  which the county is located shall
 3    establish  reasonable  fees  for  the  cost  of  maintenance,
 4    testing, and incidental expenses  related  to  the  mandatory
 5    drug or alcohol testing, or both, and all costs incidental to
 6    approved  electronic  monitoring,  of  all  offenders  with a
 7    sentence of periodic imprisonment.  The  concurrence  of  the
 8    Chief  Judge shall be in the form of an administrative order.
 9    The fees shall be collected  by  the  clerk  of  the  circuit
10    court.   The  clerk of the circuit court shall pay all moneys
11    collected from these fees to the county treasurer  who  shall
12    use  the  moneys  collected  to  defray  the  costs  of  drug
13    testing, alcohol testing, and  electronic  monitoring.    The
14    county  treasurer  shall  deposit  the  fees collected in the
15    county working cash fund under  Section  6-27001  or  Section
16    6-29002 of the Counties Code, as the case may be.
17        (h)  All  fees  and  costs imposed under this Section for
18    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
19    Vehicle  Code,  or  a similar provision of a local ordinance,
20    and any violation of the Child Passenger Protection Act, or a
21    similar provision of a local ordinance,  shall  be  collected
22    and  disbursed by the circuit clerk as provided under Section
23    27.5 of the Clerks of Courts Act.
24        (i)  A  defendant  at  least  17  years  of  age  who  is
25    convicted of a misdemeanor or felony in a county of 3,000,000
26    or more inhabitants and who has not been previously convicted
27    of a misdemeanor or a felony and who is sentenced to  a  term
28    of  periodic  imprisonment  may  as a condition of his or her
29    sentence be required  by  the  court  to  attend  educational
30    courses  designed  to prepare the defendant for a high school
31    diploma and to work toward receiving a high school diploma or
32    to work toward passing the high school level Test of  General
33    Educational  Development (GED) or to work toward completing a
34    vocational training  program  approved  by  the  court.   The
 
                            -68-     LRB093 10381 RLC 15756 a
 1    defendant  sentenced  to  periodic imprisonment must attend a
 2    public institution of education to obtain the educational  or
 3    vocational  training  required  by  this subsection (i).  The
 4    defendant sentenced to a term of periodic imprisonment  shall
 5    be required to pay for the cost of the educational courses or
 6    GED  test, if a fee is charged for those courses or test. The
 7    court shall revoke the sentence of periodic  imprisonment  of
 8    the   defendant  who  wilfully  fails  to  comply  with  this
 9    subsection (i).  The court  shall  resentence  the  defendant
10    whose  sentence  of periodic imprisonment has been revoked as
11    provided in Section 5-7-2.   This  subsection  (i)  does  not
12    apply  to  a  defendant  who has a high school diploma or has
13    successfully passed the GED test. This  subsection  (i)  does
14    not apply to a defendant who is determined by the court to be
15    developmentally  disabled  or otherwise mentally incapable of
16    completing the educational or vocational program.
17    (Source: P.A.  89-688,  eff.  6-1-97;  90-399,  eff.  1-1-98;
18    90-655, eff. 7-30-98.)

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

21        (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
22        Sec. 15.1.  Probation and Court Services Fund.
23        (a)  The county treasurer in each county shall  establish
24    a  probation  and  court  services  fund  consisting  of fees
25    collected pursuant to subsection (i)  of  Section  5-6-3  and
26    subsection  (i)  of  Section  5-6-3.1  of the Unified Code of
27    Corrections, subsection (10) of Section 5-615 and  subsection
28    (5)  of  Section 5-715 of the Juvenile Court Act of 1987, and
29    paragraph 14.3 of subsection (b) of  Section  110-10  of  the
30    Code  of  Criminal  Procedure  of 1963.  The county treasurer
31    shall disburse monies from the fund only at the direction  of
32    the  chief  judge  of the circuit court in such circuit where
 
                            -69-     LRB093 10381 RLC 15756 a
 1    the county is located.  The county treasurer of  each  county
 2    shall, on or before January 10 of each year, submit an annual
 3    report to the Supreme Court.
 4        (b)  Monies  in  the  probation  and  court services fund
 5    shall be appropriated by the county board to be  used  within
 6    the county or jurisdiction where collected in accordance with
 7    policies and guidelines approved by the Supreme Court for the
 8    costs   of   operating   the  probation  and  court  services
 9    department or departments; however, monies in  the  probation
10    and  court services fund shall not be used for the payment of
11    salaries of probation and court services personnel.
12        (c)  Monies  expended  from  the  probation   and   court
13    services  fund  shall  be  used  to supplement, not supplant,
14    county appropriations for probation and court services.
15        (d)  Interest earned on monies deposited in  a  probation
16    and  court  services  fund  may be used by the county for its
17    ordinary and contingent expenditures.
18        (e)  The county board may  appropriate  moneys  from  the
19    probation  and court services fund, upon the direction of the
20    chief judge,  to  support  programs  that  are  part  of  the
21    continuum of juvenile delinquency intervention programs which
22    are  or  may be developed within the county.  The grants from
23    the probation and court services fund shall be  for  no  more
24    than  one  year and may be used for any expenses attributable
25    to the program including administration and oversight of  the
26    program by the probation department.
27        (f)  The  county  board  may  appropriate moneys from the
28    probation and court services fund, upon the direction of  the
29    chief  judge, to support practices endorsed or required under
30    the Sex Offender Management  Board  Act,  including  but  not
31    limited to sex offender evaluation, treatment, and monitoring
32    programs that are or may be developed within the county.
33    (Source: P.A. 92-329, eff. 8-9-01.)
 
                            -70-     LRB093 10381 RLC 15756 a
 1        Section   30.   The  Sex  Offender  Registration  Act  is
 2    amended by changing Section 3 as follows:

 3        (730 ILCS 150/3) (from Ch. 38, par. 223)
 4        Sec. 3.  Duty to register.
 5        (a)  A sex offender, as defined in Section 2 of this Act,
 6    or  sexual  predator shall, within the time period prescribed
 7    in subsections (b) and (c), register in  person  and  provide
 8    accurate  information  as required by the Department of State
 9    Police.  Such  information  shall  include  current  address,
10    current  place  of  employment,  and school attended. The sex
11    offender or sexual predator shall register:
12             (1)  with  the  chief  of  police  in  each  of  the
13        municipalities in which he  or  she  attends  school,  is
14        employed,  resides  or  is  temporarily  domiciled  for a
15        period  of  time  of  10  or  more   days,   unless   the
16        municipality  is the City of Chicago, in which case he or
17        she shall  register  at  the  Chicago  Police  Department
18        Headquarters; or
19             (2)  with  the  sheriff  in  each of the counties in
20        which he or she attends school, is employed,  resides  or
21        is temporarily domiciled in an unincorporated area or, if
22        incorporated, no police chief exists.
23    For  purposes  of  this  Article,  the  place of residence or
24    temporary domicile is defined as any and all places where the
25    sex offender resides for an aggregate period of time of 10 or
26    more days during any calendar year.
27        The  sex  offender  or  sexual  predator  shall   provide
28    accurate  information  as required by the Department of State
29    Police.  That information shall include the sex offender's or
30    sexual predator's current place of employment.
31        (a-5)  An out-of-state student or  out-of-state  employee
32    shall, within 10 days after beginning school or employment in
33    this   State,   register   in  person  and  provide  accurate
 
                            -71-     LRB093 10381 RLC 15756 a
 1    information as required by the Department  of  State  Police.
 2    Such  information  will  include current place of employment,
 3    school attended, and address in state of residence:
 4             (1)  with  the  chief  of  police  in  each  of  the
 5        municipalities in which he or she attends  school  or  is
 6        employed  for  a period of time of 10 or more days or for
 7        an aggregate period of time of more than 30  days  during
 8        any calendar year, unless the municipality is the City of
 9        Chicago,  in  which  case he or she shall register at the
10        Chicago Police Department Headquarters; or
11             (2)  with the sheriff in each  of  the  counties  in
12        which  he  or  she  attends  school  or is employed for a
13        period of time of 10 or more days  or  for  an  aggregate
14        period  of  time of more than 30 days during any calendar
15        year in an unincorporated area or,  if  incorporated,  no
16        police chief exists.
17        The  out-of-state  student or out-of-state employee shall
18    provide accurate information as required by the Department of
19    State   Police.    That   information   shall   include   the
20    out-of-state student's current place of school attendance  or
21    the out-of-state employee's current place of employment.
22        (b)  Any  sex  offender,  as defined in Section 2 of this
23    Act, or sexual predator, regardless of any initial, prior, or
24    other  registration,  shall,  within  10  days  of  beginning
25    school, or establishing a residence, place of employment,  or
26    temporary  domicile  in any county, register in person as set
27    forth in subsection (a) or (a-5).
28        (c)  The registration for any person required to register
29    under this Article shall be as follows:
30             (1)  Any person registered under the Habitual  Child
31        Sex  Offender  Registration Act or the Child Sex Offender
32        Registration Act prior  to  January  1,  1996,  shall  be
33        deemed  initially  registered  as  of  January  1,  1996;
34        however,  this  shall  not  be  construed  to  extend the
 
                            -72-     LRB093 10381 RLC 15756 a
 1        duration of registration set forth in Section 7.
 2             (2)  Except as provided in  subsection  (c)(4),  any
 3        person convicted or adjudicated prior to January 1, 1996,
 4        whose  liability for registration under Section 7 has not
 5        expired, shall register in person prior  to  January  31,
 6        1996.
 7             (2.5)  Except  as provided in subsection (c)(4), any
 8        person  who  has  not  been  notified  of  his   or   her
 9        responsibility   to  register  shall  be  notified  by  a
10        criminal justice entity of his or her  responsibility  to
11        register.    Upon   notification  the  person  must  then
12        register within 10 days of notification  of  his  or  her
13        requirement  to  register.   If  notification is not made
14        within the offender's 10 year  registration  requirement,
15        and the Department of State Police determines no evidence
16        exists  or  indicates  the  offender  attempted  to avoid
17        registration, the offender will no longer be required  to
18        register under this Act.
19             (3)  Except  as  provided  in subsection (c)(4), any
20        person convicted on  or  after  January  1,  1996,  shall
21        register  in person within 10 days after the entry of the
22        sentencing order based upon his or her conviction.
23             (4)  Any  person   unable   to   comply   with   the
24        registration  requirements  of this Article because he or
25        she is  confined,  institutionalized,  or  imprisoned  in
26        Illinois  on  or after January 1, 1996, shall register in
27        person within 10 days of discharge, parole or release.
28             (5)  The    person    shall     provide     positive
29        identification and documentation that substantiates proof
30        of residence at the registering address.
31             (6)  The   person   shall  pay  a  $20  $10  initial
32        registration fee and a $10 $5 annual  renewal  fee.   The
33        fees shall be used by the registering agency for official
34        purposes.   The  agency  shall  establish  procedures  to
 
                            -73-     LRB093 10381 RLC 15756 a
 1        document   receipt   and   use  of  the  funds.  The  law
 2        enforcement agency  having  jurisdiction  may  waive  the
 3        registration  fee  if  it  determines  that the person is
 4        indigent and unable to  pay  the  registration  fee.  Ten
 5        dollars  for  the  initial registration fee and $5 of the
 6        annual renewal fee  shall  be  used  by  the  registering
 7        agency  for official purposes. Ten dollars of the initial
 8        registration fee and  $5  of  the  annual  fee  shall  be
 9        deposited  into  the  Sex  Offender Management Board Fund
10        under Section 19 of the  Sex  Offender  Management  Board
11        Act.  Money  deposited  into  the Sex Offender Management
12        Board Fund shall be  administered  by  the  Sex  Offender
13        Management  Board  and  shall  be  used to fund practices
14        endorsed or required by the Sex Offender Management Board
15        Act  including  but  not   limited   to   sex   offenders
16        evaluation, treatment, or monitoring programs that are or
17        may  be  developed,  as well as for administrative costs,
18        including staff, incurred by the Board.
19        (d)  Within  10  days   after   obtaining   or   changing
20    employment  and,  if  employed  on January 1, 2000, within 10
21    days after that date, a person  required  to  register  under
22    this  Section must report, in person or in writing to the law
23    enforcement agency having jurisdiction, the business name and
24    address where he or she  is  employed.   If  the  person  has
25    multiple  businesses  or  work  locations, every business and
26    work location must be reported to the law enforcement  agency
27    having jurisdiction.
28    (Source: P.A.   91-48,  eff.  7-1-99;  91-394,  eff.  1-1-00;
29    92-828, eff. 8-22-02.)

30        Section 99.   Effective  date.   This  Act  takes  effect
31    January 1, 2004.".